even stipulated protective orders require good 20 cause showing
How later courts described this case
- even stipulated protective orders require good 20 cause showing
Written by the judges who cited it.
The opinion
1 Douglas N. Silverstein
dsilverstein@californialaborlawattorney.com
2 Niki Akhaveissy
nakhaveissy@californialaborlawattorney.com
3 KESLUK, SILVERSTEIN, JACOB, & MORRISON, P.C.
9255 Sunset Boulevard, Suite 411
4 Los Angeles, California 90069-3302
Tel: (310) 273-3180
5 Fax: (310) 273-6137
6 Attorneys for Plaintiff,
LILLIAN MCCLOSKEY
7
Collin D. Cook (SBN 251606)
8 E-Mail: ccook@fisherphillips.com
FISHER & PHILLIPS LLP
9 One Montgomery Street, Suite 3400
San Francisco, California 94104
10 Telephone: (415) 490-9000
Facsimile: (415) 490-9001
11
Attorneys for Defendant
12 THE GATHERING SPOT LA, LLC
13 UNITED STATES DISTRICT COURT
14 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
15
16
LILLIAN MCCLOSKEY, an Case No: 2:24-cv-9907-CAS-JC
individual,
17
(Removal from Los Angeles Superior Court
Plaintiff, Case No.: 24STCV26253)
18
v. STIPULATION AND MODIFIED
19
PROTECTIVE ORDER
THE GATHERING SPOT LA, LLC, a
20
Georgia Limited Liability Company; [CHANGES MADE BY COURT TO
and DOES 1 through 60, inclusive, PARAGRAPHS 1, 3, 5A, 5B, 6, 10C, 11C,
21
15)
Defendants.
22
23
Complaint Filed: October 10, 2024
Removal Date: November 15, 2024
24
Trial Date: Not Set
25
26
27
1 STIPULATION
2 1. PURPOSES AND LIMITATIONS
3 Discovery in this action is likely to involve production of confidential, proprietary,
4 or private information for which special protection from public disclosure and from use
5 for any purpose other than prosecuting this litigation may be warranted. Accordingly,
6 Plaintiff LILLIAN MCCLOSKEY and Defendant THE GATHERING SPOT LA, LLC,
7 (collectively “the Parties”) hereby stipulate to and petition the Court to enter the following
8 Stipulated Protective Order. The parties acknowledge that this Order does not confer
9 blanket protections on all disclosures or responses to discovery and that the protection it
10 affords from public disclosure and use extends only to the limited information or items
11 that are entitled to confidential treatment under the applicable legal principles. The parties
12 further acknowledge, as set forth in Section 14C, below, that this Stipulated Protective
13 Order does not entitle them to file confidential information under seal; Civil Local Rule
14 79-5 sets forth the procedures that must be followed and the standards that will be applied
15 when a party seeks permission from the Court to file material under seal.
16 2. GOOD CAUSE STATEMENT
17 This action is likely to involve customer and pricing lists and other valuable
18 research, development, commercial, financial, technical and/or proprietary information
19 for which special protection from public disclosure and from use for any purpose other
20 than prosecution of this action is warranted. Such confidential and proprietary materials
21 and information consist of, among other things, confidential business or financial
22 information, information regarding confidential business practices, or other confidential
23 research, development, or commercial information (including information implicating
24 privacy rights of third parties), information otherwise generally unavailable to the public
25 (e.g., names, addresses, and other contact information for Defendants’ employees and
26 agents), or which may be privileged or otherwise protected from disclosure under state or
27 federal statutes, court rules, case decisions, or common law. Accordingly, to expedite the
1 discovery materials, to adequately protect information the parties are entitled to keep
2 confidential, to ensure that the parties are permitted reasonable necessary uses of such
3 material in preparation for and in the conduct of trial, to address their handling at the end
4 of the litigation, and serve the ends of justice, a protective order for such information is
5 justified in this matter. It is the intent of the parties that information will not be designated
6 as confidential for tactical reasons and that nothing be so designated without a good faith
7 belief that it has been maintained in a confidential, non-public manner, and there is good
8 cause why it should not be part of the public record of this case.
9 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
10 The parties further acknowledge, as set forth in Section 14C, below, that this
11 Stipulated Protective Order does not entitle them to file confidential information under
12 seal; Local Rule 79-5 sets forth the procedures that must be followed and the standards
13 that will be applied when a party seeks permission from the court to file material under
14 seal. There is a strong presumption that the public has a right of access to judicial
15 proceedings and records in civil cases. In connection with non-dispositive motions, good
16 cause must be shown to support a filing under seal. See Kamakana v. City and Cnty. of
17 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd v. Gen.
18 Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-Welbon v. Sony Elecs.,
19 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
20 cause showing), and a specific showing of good cause or compelling reasons with proper
21 evidentiary support and legal justification, must be made with respect to Protected
22 Material that a party seeks to file under seal. The parties’ mere designation of Disclosure
23 or Discovery Material as CONFIDENTIAL does not— without the submission of
24 competent evidence by declaration, establishing that the material sought to be filed under
25 seal qualifies as confidential, privileged, or otherwise protectable—constitute good cause.
26 Further, if a party requests sealing related to a dispositive motion or trial, then compelling
27 reasons, not only good cause, for the sealing must be shown, and the relief sought shall
be narrowly tailored to serve the specific interest to be protected. See Pintos v. Pac.
1 Creditors Ass’n, 28 3 605 F.3d 665, 677–79 (9th Cir. 2010). For each item or type of
2 information, document, or thing sought to be filed or introduced under seal in connection
3 with a dispositive motion or trial, the party seeking protection must articulate compelling
4 reasons, supported by specific facts and legal justification, for the requested sealing order.
5 Again, competent evidence supporting the application to file documents under seal must
6 be provided by declaration. Any document that is not confidential, privileged, or
7 otherwise protectable in its entirety will not be filed under seal if the confidential portions
8 can be redacted. If documents can be redacted, then a redacted version for public viewing,
9 omitting only the confidential, privileged, or otherwise protectable portions of the
10 document, shall be filed. Any application that seeks to file documents under seal in their
11 entirety should include an explanation of why redaction is not feasible.
12 4. DEFINITIONS
13 A. Action: The above-entitled case styled Lillian McCloskey v. The
14 Gathering Spot LA, LLC, pending before the United States District
15 Court for the Central District of California, Case No. 2:24-cv-9907-
16 CAS-JC, removed from the Superior Court of California County of Los
17 Angeles, Case No. 24STCV26253.
18 B. Challenging Party: A Party or Non-Party that challenges the
19 designation of information or items under this Order.
20 C. “CONFIDENTIAL” Information or Items: Information (regardless of
21 how it is generated, stored or maintained) or tangible things that qualify
22 for protection under Federal Rule of Civil Procedure 26(c), and as
23 specified above in the Good Cause Statement.
24 D. “Highly Confidential – Attorneys’ Eyes Only” (which may be
25 abbreviated as “AEO”: Any information which belongs to a
26 Designating Party who believes in good faith that the Disclosure of such
27 information to another Party or Non-Party would create a substantial
///
1 risk of serious financial or other injury that cannot be avoided by less
2 restrictive means.
3 E. “Highly Confidential Materials”: Any Documents, Testimony, or
4 Information, as defined below, designated as “Highly Confidential –
5 Attorneys’ Eyes Only” or “AEO” pursuant to the provisions of this
6 Stipulation and Protective Order.
7 F. Counsel: Outside Counsel of Record and House Counsel (as well as
8 their support staff).
9 G. Designating Party: A Party or Non-Party that designates information
10 or items that it produces in disclosures or in responses to discovery as
11 “CONFIDENTIAL.” The Designating Party shall have the right to
12 designate “Highly Confidential – Attorneys’ Eyes Only” only the non-
13 public Documents, Testimony, or Information that the Designating
14 Party in good faith believes would create a substantial risk of serious
15 financial or other injury, if Disclosed to another Party or non-Party, and
16 that such risk cannot be avoided by less restrictive means. This includes
17 non-public drafts and/or versions of documents prepared by Defendant
18 that were submitted to a public or quasi-public entity, agency, or
19 municipality in the course of its business.
20 H. Disclosure or Discovery Material: All items or information, regardless
21 of the medium or manner in which it is generated, stored, or maintained
22 (including, among other things, testimony, transcripts, and tangible
23 things), that are produced or generated in disclosures or responses to
24 discovery in this matter.
25 I. Expert: A person with specialized knowledge or experience in a matter
26 pertinent to the litigation who has been retained by a Party or its counsel
27 to serve as an expert witness or as a consultant in this Action.
///
1 J. Final Disposition: The later of (1) dismissal of all claims and defenses
2 in this Action, with or without prejudice; and (2) final judgment herein
3 after the completion and exhaustion of all appeals, rehearings, remands,
4 trials, or reviews of this Action, including the time limits for filing any
5 motions or applications for extension of time pursuant to applicable
6 law.
7 K. In-House Counsel: Attorneys who are employees of a party to this
8 Action. In-House Counsel does not include Outside Counsel of Record
9 or any other outside counsel.
10 L. Non-Party: Any natural person, partnership, corporation, association,
11 or other legal entity not named as a Party to this action.
12 M. Outside Counsel of Record: Attorneys who are not employees of a
13 party to this Action but are retained to represent or advise a party to this
14 Action and have appeared in this Action on behalf of that party or are
15 affiliated with a law firm which has appeared on behalf of that party,
16 and includes support staff.
17 N. Party: Any party to this Action, including all of its officers, directors,
18 employees, consultants, retained experts, and Outside Counsel of
19 Record (and their support staffs).
20 O. Producing Party: A Party or Non-Party that produces Disclosure or
21 Discovery Material in this Action.
22 P. Professional Vendors: Persons or entities that provide litigation-
23 support services (e.g., photocopying, videotaping, translating,
24 preparing exhibits or demonstrations, and organizing, storing, or
25 retrieving data in any form or medium) and their employees and
26 subcontractors.
27 ///
///
1 Q. Protected Material: Any Disclosure or Discovery Material that is
2 designated as “CONFIDENTIAL,” “Highly Confidential – Attorneys’
3 Eyes Only,” and “Highly Confidential Materials.”
4 R. Receiving Party: A Party that receives Disclosure or Discovery
5 Material from a Producing Party.
6 5. SCOPE
7 A. The protections conferred by this Stipulation and Order cover not only
8 Protected Material (as defined above), but also (1) any information copied or extracted
9 from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
10 Material; and (3) any testimony, conversations, or presentations by Parties or their
11 Counsel that might reveal Protected Material other than during a court hearing or at trial.
12 However, the protections conferred by this Stipulation and Order do not cover the
13 following information: (a) any information that is in the public domain at the time of
14 disclosure to a Receiving Party or becomes part of the public domain after its disclosure
15 to a Receiving Party as a result of publication not involving a violation of this Order,
16 including becoming part of the public record through trial or otherwise; and (b) any
17 information known to the Receiving Party prior to the disclosure or obtained by the
18 Receiving Party after the disclosure from a source who obtained the information lawfully
19 and under no obligation of confidentiality to the Designating Party.
20 B. Any use of Protected Material during a court hearing or at trial shall be
21 governed by the orders of the presiding judge. This Order does not govern the use of
22 Protected Material during a court hearing or at trial.
23 6. DURATION
24 Once a case proceeds to trial, information that was designated as CONFIDENTIAL
25 or “Highly Confidential – Attorneys’ Eyes Only” or maintained pursuant to this protective
26 order used or introduced as an exhibit at trial becomes public and will be presumptively
27 available to all members of the public, including the press, unless the trial judge otherwise
///
1 orders. Accordingly, the terms of this protective order do not extend beyond the
2 commencement of the trial.
3 7. DESIGNATING PROTECTED MATERIAL
4 A. Exercise of Restraint and Care in Designating Material for Protection: Each
5 Party or Non-Party that designates information or items for protection under this Order
6 must take care to limit any such designation to specific material that qualifies under the
7 appropriate standards. The Designating Party must designate for protection only those
8 parts of material, documents, items or oral or written communications that qualify so that
9 other portions of the material, documents, items or communications for which protection
10 is not warranted are not swept unjustifiably within the ambit of this Order.
11 Mass, indiscriminate or routinized designations are prohibited. Designations that
12 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,
13 to unnecessarily encumber the case development process or to impose unnecessary
14 expenses and burdens on other parties) may expose the Designating Party to sanctions.
15 If it comes to a Designating Party’s attention that information or items that it
16 designated for protection do not qualify for protection, that Designating Party must
17 promptly notify all other Parties that it is withdrawing the inapplicable designation.
18 Any Documents, Testimony, or Information to be designated as “Confidential” or
19 “Highly Confidential – Attorneys’ Eyes Only” must be clearly so designated before the
20 Document, Testimony, or Information is Disclosed or produced. The parties may agree
21 that a case name and number are to be part of the “Highly Confidential – Attorneys’ Eyes
22 Only” designation. The “Confidential” or “Highly Confidential – Attorneys’ Eyes Only”
23 designation should not obscure or interfere with the legibility of the designated
24 Information.
25 B. Manner and Timing of Designations: Except as otherwise provided in this
26 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that
27 qualifies for protection under this Order must be clearly so designated before the material
is disclosed or produced.
1 Designation in conformity with this Stipulated Order requires:
2 (a) for information in documentary form (e.g., paper or electronic documents, but
3 excluding transcripts of depositions or other pretrial or trial proceedings), that the
4 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
5 “CONFIDENTIAL legend”) or “Highly Confidential – Attorneys Eyes Only” (hereinafter
6 “AEO legend”) to each page that contains protected material. If only a portion of the
7 material on a page qualifies for protection, the Producing Party also must clearly identify
8 the protected portion(s) (e.g., by making appropriate markings in the margins).
9 A Party or Non-Party that makes original documents available for inspection need
10 not designate them for protection until after the inspecting Party has indicated which
11 documents it would like copied and produced. During the inspection and before the
12 designation, all of the material made available for inspection shall be deemed
13 “CONFIDENTIAL” or “AEO.” After the inspecting Party has identified the documents,
14 it wants copied and produced, the Producing Party must determine which documents, or
15 portions thereof, qualify for protection under this Order. Then, before producing the
16 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” or
17 “AEO legend” to each page that contains Protected Material. If only a portion of the
18 material on a page qualifies for protection, the Producing Party also must clearly identify
19 the protected portion(s) (e.g., by making appropriate markings in the margins).
20 (b) For testimony given in depositions that the Designating Party identifies the
21 Disclosure or Discovery Material on the record, before the close of the deposition all
22 protected testimony.
23 (c) For information produced in some form other than documentary and for any
24 other tangible items, that the Producing Party affix in a prominent place on the exterior
25 of the container or containers in which the information is stored the legend
26 “CONFIDENTIAL” or “AEO.” If only a portion or portions of the information warrants
27 protection, the Producing Party, to the extent practicable, shall identify the protected
portion(s).
1 C. Inadvertent Failures to Designate: If timely corrected, an inadvertent failure
2 to designate qualified information or items does not, standing alone, waive the
3 Designating Party’s right to secure protection under this Order for such material. Upon
4 timely correction of a designation, the Receiving Party must make reasonable efforts to
5 assure that the material is treated in accordance with the provisions of this Order.
6 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
7 A. Timing of Challenges: Any Party or Non-Party may challenge a designation
8 of confidentiality at any time that is consistent with the Court’s Scheduling Order.
9 B. Meet and Confer: The Challenging Party shall initiate the dispute resolution
10 process under Local Rule 37-1 et seq.
11 C. Joint Stipulation: Any challenge submitted to the Court shall be via a joint
12 stipulation pursuant to Local Rule 37-2.
13 D. The burden of persuasion in any such challenge proceeding shall be on the
14 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
15 to harass or impose unnecessary expenses and burdens on other parties) may expose the
16 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
17 the confidentiality designation, all parties shall continue to afford the material in question
18 the level of protection to which it is entitled under the Producing Party’s designation until
19 the Court rules on the challenge.
20 9. ACCESS TO AND USE OF PROTECTED MATERIAL
21 A. Basic Principles: A Receiving Party may use Protected Material that is
22 disclosed or produced by another Party or by a Non-Party in connection with this Action
23 only for prosecuting, defending or attempting to settle this Action. Such Protected
24 Material may be disclosed only to the categories of persons and under the conditions
25 described in this Order. When the Action has been terminated, a Receiving Party must
26 comply with the provisions of section 15 below (FINAL DISPOSITION).
27 ///
///
1 B. Disclosure of “CONFIDENTIAL” Information or Items: Unless otherwise
2 ordered by the court or permitted in writing by the Designating Party, a Receiving Party
3 may disclose any information or item designated “CONFIDENTIAL” only to:
4 (a) The Receiving Party’s Outside Counsel of Record in this Action, as well as
5 employees of said Outside Counsel of Record to whom it is reasonably necessary to
6 disclose the information for this Action;
7 (b) The officers, directors, and employees (including House Counsel) of the
8 Receiving Party to whom disclosure is reasonably necessary for this Action;
9 (c) Outside experts or expert consultants consulted by the undersigned Parties or
10 their counsel in connection with the Proceeding, whether or not retained to testify at any
11 oral hearing; provided, however, that prior to the Disclosure of Highly Confidential
12 Materials to any such expert or expert consultant, consultant, counsel for the Party making
13 the Disclosure shall deliver a copy of this Stipulation and Protective Order to such person,
14 shall explain its terms to such person, and shall secure the signage of such person of the
15 “Acknowledgment and Agreement to Be Bound (Exhibit A) prior to the Disclosure of
16 Highly Confidential Materials. It shall be the obligation of Trial Counsel, upon learning
17 of any breach or threatened breach of this Stipulation and Protective Order by any such
18 expert or expert consultant, to promptly notify Trial Counsel for the Designating Party of
19 such breach or threatened breach.
20 (d) The court and its personnel;
21 (e) Court reporters and their staff;
22 (f) Professional jury or trial consultants, mock jurors, and Professional Vendors to
23 whom disclosure is reasonably necessary for this Action and who have signed the
24 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
25 (g) The author or recipient of a document containing the information or a custodian
26 or other person who otherwise possessed or knew the information;
27 (h) During their depositions, witnesses, and attorneys for witnesses, in the Action
to whom disclosure is reasonably necessary provided: (1) the deposing party requests that
1 the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted
2 to keep any confidential information unless they sign the “Acknowledgment and
3 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party
4 or ordered by the court. Pages of transcribed deposition testimony or exhibits to
5 depositions that reveal Protected Material may be separately bound by the court reporter
6 and may not be disclosed to anyone except as permitted under this Stipulated Protective
7 Order; and
8 (i) Any mediators or settlement officers and their supporting personnel, mutually
9 agreed upon by any of the parties engaged in settlement discussions.
10 C. Disclosure of Highly Confidential Materials or Items: Unless otherwise
11 ordered by the court or permitted in writing by the Designating Party, a Receiving Party
12 may disclose any information or item designated “Highly Confidential – Attorneys’ Eyes
13 Only” only to:
14 (a) Attorneys of record in the Proceeding and their affiliated attorneys, paralegals,
15 clerical and secretarial staff employed by such attorneys who are actively involved in the
16 Proceeding and are not employees of any Party;
17 (b) Trial Counsel for the Parties, their partners and associates, and staff and
18 supporting personnel of such attorneys, such as paralegal assistants, secretarial,
19 stenographic and clerical employees and contractors, and outside copying services, who
20 are working on this Proceeding (or any further proceedings herein) under the direction of
21 such attorneys and to whom it is necessary that the Highly Confidential Materials be
22 Disclosed for purposes of this Proceeding. Such employees, assistants, contractors and
23 agents to whom such access is permitted and/or Disclosure is made shall, prior to such
24 access or Disclosure, be advised of, and become subject to, the provisions of this
25 Protective Order.
26 (c) Outside experts or expert consultants consulted by the undersigned Parties or
27 their counsel in connection with the Proceeding, whether or not retained to testify at any
oral hearing; provided, however, that prior to the Disclosure of Highly Confidential
1 Materials to any such expert or expert consultant, consultant, counsel for the Party making
2 the Disclosure shall deliver a copy of this Stipulation and Protective Order to such person,
3 shall explain its terms to such person, and shall secure the signage of such person of the
4 “Acknowledgment and Agreement to Be Bound (Exhibit A) prior to the Disclosure of
5 Highly Confidential Materials. It shall be the obligation of Trial Counsel, upon learning
6 of any breach or threatened breach of this Stipulation and Protective Order by any such
7 expert or expert consultant, to promptly notify Trial Counsel for the Designating Party of
8 such breach or threatened breach.
9 (d) Court reporters in this Proceeding (whether at depositions, hearings, or any
10 other proceeding); and
11 (e) The Arbitrator.
12 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
13 PRODUCED IN OTHER LITIGATION
14 If a Party is served with a subpoena or a court order issued in other litigation that
15 compels disclosure of any information or items designated in this Action as
16 “CONFIDENTIAL” or “AEO” that Party must:
17 (a) Promptly notify in writing the Designating Party. Such notification shall include
18 a copy of the subpoena or court order;
19 (b) Promptly notify in writing the party who caused the subpoena or order to issue
20 in the other litigation that some or all of the material covered by the subpoena or order is
21 subject to this Protective Order. Such notification shall include a copy of this Stipulated
22 Protective Order; and
23 (c) Cooperate with respect to all reasonable procedures sought to be pursued by the
24 Designating Party whose Protected Material may be affected. If the Designating Party
25 timely seeks a protective order, the Party served with the subpoena or court order shall
26 not produce any information designated in this action as “CONFIDENTIAL” or “AEO”
27 before a determination by the court from which the subpoena or order issued, unless the
Party has obtained the Designating Party’s permission or unless otherwise required by the
1 law or court order. The Designating Party shall bear the burden and expense of seeking
2 protection in that court of its confidential material and nothing in these provisions should
3 be construed as authorizing or encouraging a Receiving Party in this Action to disobey a
4 lawful directive from another court.
5 11. NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
6 PRODUCED IN THIS LITIGATION
7 (a) The terms of this Order are applicable to information produced by a Non-Party
8 in this Action and designated as “CONFIDENTIAL” or “AEO.” Such information
9 produced by Non-Parties in connection with this litigation is protected by the remedies
10 and relief provided by this Order. Nothing in these provisions should be construed as
11 prohibiting a Non-Party from seeking additional protections.
12 (b) In the event that a Party is required, by a valid discovery request, to produce a
13 Non-Party’s confidential information in its possession, and the Party is subject to an
14 agreement with the Non-Party not to produce the Non-Party’s confidential information,
15 then the Party shall:
16 (1) Promptly notify in writing the Requesting Party and the Non-Party that
17 some or all of the information requested is subject to a confidentiality agreement
18 with a Non-Party;
19 (2) Promptly provide the Non-Party with a copy of the Stipulated Protective
20 Order in this Action, the relevant discovery request(s), and a reasonably specific
21 description of the information requested; and
22 (3) Make the information requested available for inspection by the Non-
23 Party, if requested.
24 (c) If the Non-Party fails to seek a protective order from this court within 14 days
25 of receiving the notice and accompanying information, the Receiving Party may produce
26 the Non-Party’s confidential information responsive to the discovery request. If the Non-
27 Party timely seeks a protective order, the Receiving Party shall not produce any
information in its possession or control that is subject to the confidentiality agreement
1 with the Non-Party before a determination by the court unless otherwise required by the
2 law or court order. Absent a court order to the contrary, the Non-Party shall bear the
3 burden and expense of seeking protection in this court of its Protected Material.
4 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
6 Protected Material to any person or in any circumstance not authorized under this
7 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
8 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
9 all unauthorized copies of the Protected Material, (c) inform the person or persons to
10 whom unauthorized disclosures were made of all the terms of this Order, and (d) request
11 such person or persons to execute the “Acknowledgment an Agreement to Be Bound”
12 attached hereto as Exhibit A.
13 13. INADVERTANT PRODUCTION OF PRIVILEGED OR
14 OTHERWISE PROTECTED MATERIAL
15 When a Producing Party gives notice to Receiving Parties that certain inadvertently
16 produced material is subject to a claim of privilege or other protection, the obligations of
17 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).
18 This provision is not intended to modify whatever procedure may be established in an e-
19 discovery order that provides for production without prior privilege review. Pursuant to
20 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the
21 effect of disclosure of a communication or information covered by the attorney-client
22 privilege or work product protection, the parties may incorporate their agreement in the
23 stipulated protective order submitted to the court.
24 14. MISCELLANEOUS
25 A. Right to Further Relief. Nothing in this Order abridges the right of any
26 person to seek its modification by the Court in the future.
27 B. Right to Assert Other Objections. By stipulating to the entry of this
Protective Order, no Party waives any right it otherwise would have to object to disclosing
1 or producing any information or item on any ground not addressed in this Stipulated
2 Protective Order. Similarly, no Party waives any right to object on any ground to use in
3 evidence of any of the material covered by this Protective Order.
4 C. Filing Protected Material. A Party that seeks to file under seal any Protected
5 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed
6 under seal pursuant to a court order authorizing the sealing of the specific Protected
7 Material. If a Party’s request to file Protected Material under seal is denied by the court,
8 then the Receiving Party may file the information in the public record unless otherwise
9 instructed by the court.
10 15. FINAL DISPOSITION
11 After the final disposition of this Action, as defined in paragraph 4J, within 60 days
12 of a written request by the Designating Party, each Receiving Party must return all
13 Protected Material to the Producing Party or destroy such material. As used in this
14 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
15 summaries, and any other format reproducing or capturing any of the Protected Material.
16 Whether the Protected Material is returned or destroyed, the Receiving Party must submit
17 a written certification to the Producing Party (and, if not the same person or entity, to the
18 Designating Party) by the 60-day deadline that (1) identifies (by category, where
19 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that
20 the Receiving Party has not retained any copies, abstracts, compilations, summaries or
21 any other format reproducing or capturing any of the Protected Material. Notwithstanding
22 this provision, Counsel are entitled to retain an archival copy of all pleadings, motion
23 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
24 deposition and trial exhibits, expert reports, attorney work product, and consultant and
25 expert work product, even if such materials contain Protected Material. Any such archival
26 copies that contain or constitute Protected Material remain subject to this Protective
27 Order.
///
1 16. VIOLATION
2 Any violation of this Order may be punished by appropriate measures including,
3 without limitation, contempt proceedings and/or monetary sanctions.
4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
5
Dated: April 25, 2025 Respectfully submitted,
6
KESLUK, SILVERSTEIN, JACOB, &
7 MORRISON, P.C.
8
9 By: /s/ Niki Akhaveissy
Douglas N. Silverstein
10
Niki Akhaveissy
11 Attorneys for Plaintiff
LILLIAN MCCLOSKEY
12
13 Dated: April 25, 2025 Respectfully submitted,
14 FISHER & PHILLIPS LLP
15
16 By: /s/ Collin D. Cook
Collin D. Cook
17
Attorneys for Defendant
18 THE GATHERING SPOT LA, LLC
19
ORDER
20
GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and
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Protective Order as modified.
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IT IS SO ORDERED.
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DATED: April 29, 2025 ______________/s/___________________
26 Honorable Jacqueline Chooljian
27 UNITED STATES MAGISTRATE JUDGE
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, ____________________________, of ________________________________,
4 declare under penalty of perjury that I have read in its entirety and understand the
5 Stipulated Protective Order that was issued by the United States District Court for the
6 Central District of California on April 29, 2025 in the case of Lillian McCloskey v. The
7 Gathering Spot LA, LLC, et al., Case 2:24-cv-09907-CAS-JC. I agree to comply with and
8 to be bound by all the terms of this Stipulated Protective Order and I understand and
9 acknowledge that failure to so comply could expose me to sanctions and punishment in
10 the nature of contempt. I solemnly promise that I will not disclose in any manner any
11 information or item that is subject to this Stipulated Protective Order to any person or
12 entity except in strict compliance with the provisions of this Order. I further agree to
13 submit to the jurisdiction of the United States District Court for the Central District of
14 California for the purpose of enforcing the terms of this Stipulated Protective Order, even
15 if such enforcement proceedings occur after termination of this action.
16 I hereby appoint ____________________________, of _____________________
17 as my California agent for service of process in connection with this action or any
18 proceeding related to enforcement of this Stipulated Protective Order.
19 Date:
20 City and State where sworn and signed:
21 Printed Name:
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23 Signature: _________________________
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