even 22 stipulated protective orders require good cause showing
How later courts described this case
- even 22 stipulated protective orders require good cause showing
Written by the judges who cited it.
The opinion
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7 UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
8 WESTERN DIVISION
9
CHAMBER OF COMMERCE OF Case No. 2:24-cv-00801-ODW-PVCx
10 THE UNITED STATES OF
AMERICA, CALIFORNIA STIPULATED AND PROTECTIVE
11 CHAMBER OF COMMERCE, ORDER
AMERICAN FARM BUREAU
12
FEDERATION, LOS ANGELES
13 COUNTY BUSINESS FEDERATION,
CENTRAL VALLEY BUSINESS
14 FEDERATION, and WESTERN
GROWERS ASSOCIATION,
15
Plaintiffs,
16
v.
17
LIANE M. RANDOLPH, in her official
18 capacity as Chair of the California Air
Resources Board, STEVEN S. CLIFF,
19
in his official capacity as the Executive
20 Officer of the California Air Resources
Board, and ROBERT A. BONTA, in
21 his official capacity as Attorney
General of California
22
Defendants.
23
24 1. PURPOSES AND LIMITATIONS
25
Discovery in this action may involve production of confidential, proprietary
26
or private information for which special protection from public disclosure and from
27
1
use for any purpose other than pursuing this litigation may be warranted.
2
Accordingly, the parties hereby stipulate to and petition the Court to enter the
3
following Stipulated Protective Order. The parties acknowledge that this Order does
4
5 not confer blanket protections on all disclosures or responses to discovery and that
6 the protection it affords from public disclosure and use extends only to the limited
7
information or items that are entitled to confidential treatment under the applicable
8
legal principles.
9
2. GOOD CAUSE STATEMENT
10
This action may involve trade secrets, customer lists and other valuable
11
12 research, development, commercial, financial, technical and/or proprietary
13 information for which special protection from public disclosure and from use for any
14
purpose other than the prosecution, defense, and/or settlement of this action is
15
warranted. Such confidential and proprietary materials and information consist of,
16
among other things, confidential business or financial information, information
17
regarding confidential business practices, or other confidential research,
18
19 development, or commercial information (including information implicating privacy
20 rights of third parties), information otherwise generally unavailable to the public, or
21
which may be privileged or otherwise protected from disclosure under state or
22
federal statutes, court rules, case decisions, or common law.
23
Accordingly, to expedite the flow of information, to facilitate the prompt
24
resolution of disputes over confidentiality of discovery materials, to adequately
25
26 protect information the parties are entitled to keep confidential, to ensure that the
27 parties are permitted reasonable necessary uses of such material in this action,
1
including but not limited to in preparation for and in the conduct of trial, to address
2
their handling at the end of the litigation, and serve the ends of justice, a protective
3
order for such information is justified in this matter. It is the intent of the parties that
4
5 information will not be designated as confidential for tactical reasons and that
6 nothing be so designated without a good faith belief that it has been maintained in a
7
confidential, non-public manner, and there is good cause why it should not be part
8
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 14.3, below, that this
11
12 Stipulated Protective Order does not entitle them to file confidential information
13 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
14
and the standards that will be applied when a party seeks permission from the court
15
to file material under seal. There is a strong presumption that the public has a right
16
of access to judicial proceedings and records in civil cases. In connection with non-
17
dispositive motions, good cause must be shown to support a filing under seal. See
18
19 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),
20 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-
21
Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even
22
stipulated protective orders require good cause showing), and a specific showing of
23
good cause or compelling reasons with proper evidentiary support and legal
24
justification, must be made with respect to Protected Material that a party seeks to
25
26 file under seal. The parties’ mere designation of Disclosure or Discovery Material
27 as CONFIDENTIAL does not—without the submission of competent evidence by
1
declaration, establishing that the material sought to be filed under seal qualifies as
2
confidential, privileged, or otherwise protectable—constitute good cause.
3
Further, if a party requests sealing related to a dispositive motion or trial, then
4
5 compelling reasons, not only good cause, for the sealing must be shown, and the
6 relief sought shall be narrowly tailored to serve the specific interest to be protected.
7
See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For
8
each item or type of information, document, or thing sought to be filed or introduced
9
under seal, the party seeking protection must articulate compelling reasons,
10
supported by specific facts and legal justification, for the requested sealing order.
11
12 Again, competent evidence supporting the application to file documents under seal
13 must be provided by declaration.
14
Any document that is not confidential, privileged, or otherwise protectable in
15
its entirety will not be filed under seal if the confidential portions can be redacted. If
16
documents can be redacted, then a redacted version for public viewing, omitting only
17
the confidential, privileged, or otherwise protectable portions of the document, shall
18
19 be filed. Any application that seeks to file documents under seal in their entirety
20 should include an explanation of why redaction is not feasible.
21
4. DEFINITIONS
22
4.1 Action: the above-captioned pending federal lawsuit.
23
4.2 Challenging Party: a Party or Non-Party that challenges the designation
24
of information or items under this Order.
25
26 4.3 “CONFIDENTIAL” Information or Items: information (regardless of
27 how it is generated, stored or maintained) or tangible things that qualify for
1
protection under Federal Rule of Civil Procedure 26(c), and as specified above in
2
the Good Cause Statement.
3
4.4 Counsel: Outside Counsel of Record and House Counsel (as well as
4
5 their support staff).
6 4.5 Designating Party: a Party or Non-Party that designates information or
7
items that it produces in disclosures or in responses to discovery as
8
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
9
ONLY.”
10
4.6 Disclosure or Discovery Material: all items or information, regardless
11
12 of the medium or manner in which it is generated, stored, or maintained (including,
13 among other things, testimony, transcripts, and tangible things), that are produced
14
or generated in disclosures or responses to discovery.
15
4.7 Expert: a person with specialized knowledge or experience in a matter
16
pertinent to the litigation who has been retained by a Party or its counsel to serve as
17
an expert witness or as a consultant in this Action.
18
19 4.8 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY
20 Information or Items: Protected Material the disclosure of which to another Party
21
or Non-Party would create a substantial risk of serious harm that could not be
22
avoided by less restrictive means.
23
4.9 House Counsel: attorneys who are employees of a party to this Action.
24
House Counsel does not include Outside Counsel of Record or any other outside
25
26 counsel. House Counsel includes employees of the California Air Resources Board
27 (“CARB”).
1
4.10 Non-Party: any natural person, partnership, corporation, association or
2
other legal entity not named as a Party to this action.
3
4.11 Outside Counsel of Record: attorneys who are not employees of a party
4
5 to this Action but are retained to represent a party to this Action and have appeared
6 in this Action on behalf of that party or are affiliated with a law firm that has
7
appeared on behalf of that party, and includes support staff.
8
4.12 Party: any party to this Action, including all of its officers, directors,
9
employees, consultants, retained experts, and Outside Counsel of Record (and their
10
support staffs).
11
12 4.13 Producing Party: a Party or Non-Party that produces Disclosure or
13 Discovery Material in this Action.
14
4.14 Professional Vendors: persons or entities that provide litigation support
15
services (e.g., photocopying, videotaping, translating, preparing exhibits or
16
demonstrations, and organizing, storing, or retrieving data in any form or medium)
17
and their employees and subcontractors.
18
19 4.15 Protected Material: any Disclosure or Discovery Material that is
20 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
21
ATTORNEYS’ EYES ONLY.”
22
4.16 Receiving Party: a Party that receives Disclosure or Discovery Material
23
from a Producing Party.
24
5. SCOPE
25
26 5.1 The protections conferred by this Stipulation and Order cover not only
27 Protected Material (as defined above), but also (1) any information copied or
1
extracted from Protected Material; (2) all copies, excerpts, summaries, or
2
compilations of Protected Material; and (3) any testimony, conversations, or
3
presentations by Parties or their Counsel that might reveal Protected Material.
4
5 Any use of Protected Material at trial shall be governed by the orders of the
6 trial judge and other applicable authorities. This Order does not govern the use of
7
Protected Material at trial.
8
5.2 Data Security of Protected Material. Any Receiving Party or person in
9
possession of or transmitting another Party’s Protected Material must maintain an
10
information security program consistent with standard industry practices that is
11
12 designed to protect and secure the Protected Material from loss, misuse,
13 unauthorized access, unauthorized disclosure, and theft. To the extent a Receiving
14
Party or person does not have an information security program, a Receiving Party
15
may comply with this Data Security provision by having the Protected Material
16
maintained by and/or stored with a secure eDiscovery/litigation support site(s) or
17
claims administrator that maintains an information security program that aligns with
18
19 standard industry practices. Any Protected Material in paper format must be
20 maintained in a secure location with access limited to persons entitled to access the
21
Protected Material under this Order. Protected Material shall not be copied or
22
otherwise reproduced by a Receiving Party, except for transmission to qualified
23
recipients, without the written permission of the Designating Party or by further
24
order of the Court. If a Receiving Party or any person in possession of or
25
26 transmitting another Party’s Protected Material discovers any loss of Protected
27 Material or a breach of security, including any actual or suspected unauthorized
1
access relating to another Party’s Protected Material, they shall comply with the
2
“Unauthorized Disclosure of Protected Material” provisions in Section 12 of this
3
Order.
4
5 6. DURATION
6 Once a case proceeds to trial and/or a hearing on one or more dispositive
7
motions, information that was designated as CONFIDENTIAL or HIGHLY
8
CONFIDENTIAL – ATTORNEYS’ EYES ONLY or maintained pursuant to
9
this protective order that was used or introduced as an exhibit at trial becomes public
10
and will be presumptively available to all members of the public, including the press,
11
12 unless compelling reasons supported by specific factual findings to proceed
13 otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d
14
at 1180-81 (distinguishing “good cause” showing for sealing documents produced
15
in discovery from “compelling reasons” standard when merits-related documents are
16
part of court record).
17
Still, even after final disposition of this Action, the confidentiality obligations
18
19 imposed by this Order shall remain in effect until a Designating Party agrees
20 otherwise in writing, or a court order otherwise directs. The Court retains jurisdiction
21
even after termination of this Action to enforce this Order and to make such
22
amendments, modifications, deletions, and additions to this Protective Order as the
23
Court from time to time deems appropriate.
24
7. DESIGNATING PROTECTED MATERIAL
25
26 7.1 Exercise of Restraint and Care in Designating Material for Protection.
27 Each Party or Non-Party that designates information or items for protection under
1
this Order must take care to limit any such designation to specific material that
2
qualifies under the appropriate standards. The Designating Party must designate for
3
protection only those parts of material, documents, items or oral or written
4
5 communications that qualify so that other portions of the material, documents, items
6 or communications for which protection is not warranted are not swept unjustifiably
7
within the ambit of this Order.
8
Mass, indiscriminate or routinized designations are prohibited. Designations
9
that are shown to be clearly unjustified or that have been made for an improper
10
purpose (e.g., to unnecessarily encumber the case development process or to impose
11
12 unnecessary expenses and burdens on other parties) may expose the Designating
13 Party to sanctions.
14
If it comes to a Designating Party’s attention that information or items that it
15
designated for protection do not qualify for protection, that Designating Party must
16
promptly notify all other Parties that it is withdrawing the inapplicable designation.
17
7.2 Manner and Timing of Designations. Except as otherwise provided in
18
19 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material
20 that qualifies for protection under this Order must be clearly so designated before
21
the material is disclosed or produced.
22
Designation in conformity with this Order requires:
23
(a) for information in documentary form (e.g., paper or electronic documents,
24
but excluding transcripts of depositions or other pretrial or trial proceedings), that
25
26 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” or
27 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page
1
that contains protected material. If only a portion of the material on a page qualifies
2
for protection, the Producing Party also must clearly identify the protected portion(s)
3
(e.g., by making appropriate markings in the margins).
4
5 A Party or Non-Party that makes original documents available for inspection
6 need not designate them for protection until after the inspecting Party has indicated
7
which documents it would like copied and produced. During the inspection and
8
before the designation, all of the material made available for inspection shall be
9
deemed “CONFIDENTIAL.” After the inspecting Party has identified the
10
documents it wants copied and produced, the Producing Party must determine which
11
12 documents, or portions thereof, qualify for protection under this Order. Then, before
13 producing the specified documents, the Producing Party must affix the appropriate
14
legend to each page that contains Protected Material. If only a portion of the material
15
on a page qualifies for protection, the Producing Party also must clearly identify the
16
protected portion(s) (e.g., by making appropriate markings in the margins).
17
(b) for testimony given in depositions, that a Producing Party provide the
18
19 specific page and line designations over which confidentiality is claimed to the
20 Receiving Party within thirty (30) days of receipt of the final transcript, provided,
21
however, that the Receiving Party will consider reasonable requests for an extension
22
of the deadline. Deposition testimony shall be treated as “HIGHLY
23
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pending the deadline. After the
24
30-day period, if no Party has designated some or all of that deposition transcript as
25
26 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
27 ONLY” under this Protective Order, the entire deposition, or those portions of the
1
deposition not designated as confidential, will no longer be considered confidential.
2
(c) for information produced in some form other than documentary and for
3
any other tangible items, that the Producing Party affix in a prominent place on the
4
5 exterior of the container or containers in which the information is stored the
6 appropriate legend. If only a portion or portions of the information warrants
7
protection, the Producing Party, to the extent practicable, shall identify the protected
8
portion(s).
9
7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
10
failure to designate qualified information or items does not, standing alone, waive
11
12 the Designating Party’s right to secure protection under this Order for such material.
13 Upon timely correction of a designation, the Receiving Party must make reasonable
14
efforts to assure that the material is treated in accordance with the provisions of this
15
Order.
16
8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
17
8.1. Timing of Challenges. Any Party or Non-Party may challenge a
18
19 designation of confidentiality at any time that is consistent with the Court’s
20 Scheduling Order.
21
8.2 Meet and Confer. The Challenging Party shall initiate the dispute
22
resolution process under Local Rule 37-1 et seq.
23
8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
24
joint stipulation pursuant to Local Rule 37-2.
25
26 8.4 The burden of persuasion in any such challenge proceeding shall be on
27 the Designating Party. Frivolous challenges, and those made for an improper
1
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
2
parties) may expose the Challenging Party to sanctions. Unless the Designating
3
Party has waived or withdrawn the confidentiality designation, all parties shall
4
5 continue to afford the material in question the level of protection to which it is
6 entitled under the Producing Party’s designation until the Court rules on the
7
challenge.
8
9. ACCESS TO AND USE OF PROTECTED MATERIAL
9
9.1 Basic Principles. A Receiving Party may use Protected Material that is
10
disclosed or produced by another Party or by a Non-Party in connection with this
11
12 Action only for prosecuting, defending, or attempting to settle this Action. Such
13 Protected Material may be disclosed only to the categories of persons and under the
14
conditions described in this Order. When the Action has been terminated, a
15
Receiving Party must comply with the provisions of section 15 below (FINAL
16
DISPOSITION).
17
Protected Material must be stored and maintained by a Receiving Party at a
18
19 location and in a secure manner that ensures that access is limited to the persons
20 authorized under this Order.
21
9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
22
otherwise ordered by the court or permitted in writing by the Designating Party, a
23
Receiving Party may disclose any information or item designated
24
“CONFIDENTIAL” only to:
25
26 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
27 employees of said Outside Counsel of Record to whom it is reasonably necessary to
1
disclose the information for this Action;
2
(b) the officers, directors, and employees (including House Counsel) of the
3
Receiving Party to whom disclosure is reasonably necessary for this Action;
4
5 (c) Experts (as defined in this Order) of the Receiving Party to whom
6 disclosure is reasonably necessary for this Action and who have signed the
7
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
8
(d) the Court and its personnel, and any appellate court or other court (and
9
their personnel) before which the Parties appear in this Action;
10
(e) court reporters and their staff;
11
12 (f) professional jury or trial consultants, mock jurors, and Professional
13 Vendors to whom disclosure is reasonably necessary for this Action and who have
14
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15
(g) Any mediator who is assigned to hear this Action, and his or her staff, who
16
have signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A);
17
(h) the author or recipient of a document containing the information or a
18
19 custodian or other person who otherwise possessed or knew the information;
20 (i) during their depositions, witnesses, and attorneys for witnesses, in the
21
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
22
requests that the witness sign the form attached as Exhibit A hereto; and (2) they
23
will not be permitted to keep any confidential information unless they sign the
24
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
25
26 agreed by the Designating Party or ordered by the court. Pages of transcribed
27 deposition testimony or exhibits to depositions that reveal Protected Material may
1
be separately bound by the court reporter and may not be disclosed to anyone except
2
as permitted under this Stipulated Protective Order; and
3
(j) any mediators or settlement officers and their supporting personnel,
4
5 mutually agreed upon by any of the parties engaged in settlement discussions.
6 9.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
7
ONLY” Information or Items. Unless otherwise ordered by the Court or permitted
8
in writing by the Designating Party, any information or items designated “HIGHLY
9
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to:
10
(a) The Receiving Party’s In-House Counsel;
11
12 (b) The Receiving Party’s Outside Counsel in this Action;
13 (c) Experts (as defined in this Order) retained by the Receiving Party and their
14
staff (1) to whom disclosure is reasonably necessary for this Action, (2) who have
15
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as
16
to whom the procedures set forth in Paragraph 35 have been followed;
17
(d) The Court and its personnel, and any appellate court or other court (and
18
19 their personnel) before which the Parties appear in this Action;
20 (e) Court reporters, videographers, and their staff;
21
(f) Professional jury or trial consultants, mock jurors, and Professional
22
Vendors to whom disclosure is reasonably necessary for this Action and who have
23
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
24
(g) Any mediator who is assigned to hear this Action, and his or her staff, who
25
26 have signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A);
27 (h) During their depositions or a hearing, or during preparations for the same,
1
current and former employees of the Designating Party in this Action and their
2
attorneys to whom disclosure is reasonably necessary and who have signed the
3
“Acknowledgment and Agreement to Be Bound” (Exhibit A), provided that the
4
5 document is relevant to their work responsibilities during the relevant time and that
6 no copy of any document marked as “HIGHLY CONFIDENTIAL – ATTORNEYS’
7
EYES ONLY” Information shall be left with the witness or included in the witness’s
8
copy of the transcript. Where a former employee is currently employed by a
9
competitor of the Designating Party, the Designating Party may move for a
10
protective order requiring heightened protections at least ten (10) business days prior
11
12 to the deposition, or may object during the course of the deposition to the disclosure
13 of any particular document marked “HIGHLY CONFIDENTIAL – ATTORNEYS’
14
EYES ONLY” by explaining the basis for its legitimate concerns of competitive
15
harm. If objecting during the course of the deposition, the objecting party may
16
request a telephonic ruling from the Court. If the Court is not available, the parties
17
will not show the objected-to document to the witness, and will leave the deposition
18
19 open. It will be the objecting party’s obligation to seek a ruling from the Court within
20 three (3) days of the deposition;
21
(i) The author or recipient of a document containing the information or a
22
custodian or other person who otherwise possessed or personally knows the
23
information;
24
(j) Any other person as to whom the Designating Party has consented to
25
26 disclosure in advance; and
27 (k) Such other persons as the Parties may agree or as may be ordered by the
1
Court.
2
9.4 Nothing contained in this Order shall be construed to restrict or limit
3
the use, dissemination, or disposition by the Designating Party of its own
4
5 information that it designates as “CONFIDENTIAL” or “HIGHLY
6 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
7
9.5. Exclusion of Individuals from Depositions. Counsel shall have the right
8
to exclude any person who is not authorized by this Order to receive documents or
9
information designated as Protected Materials from any deposition where testimony
10
regarding Protected Materials or the use of Protected Materials is likely to arise, but
11
12 only during periods of examination or testimony directed to or comprising Protected
13 Material. This paragraph does not apply to the deponent.
14
9.6 Procedures for Disclosure of “HIGHLY CONFIDENTIAL –
15
ATTORNEYS’ EYES ONLY” Protected Material to Experts.
16
(a) Before a Party provides “HIGHLY CONFIDENTIAL – ATTORNEYS’
17
EYES ONLY” Protected Material to an Expert retained in connection with the
18
19 prosecution or defense of this litigation, the Party (both the Designating Party and
20 the Receiving Party) shall disclose to the other (1) the full name of the Expert and
21
the city and state of the Expert’s primary residence, and (2) either the name of the
22
Expert’s current employer, the Expert’s current Curriculum Vitae, or a link to the
23
Expert’s website.
24
(b) A Party that makes a disclosure specified in paragraph 9.7(a) may disclose
25
26 the subject Protected Material to the identified Expert unless, within seven (7) days
27 of delivering the request, the Party receives a written objection from the other Party.
1
Any such objection must set forth in detail the grounds on which it is based.
2
(c) A Party that receives a timely written objection pursuant to paragraph
3
9.7(b) must meet and confer with the opposing Party (through direct voice-to-voice
4
5 dialogue) to try to resolve the matter by agreement. If no agreement is reached, the
6 Producing Party may file a motion for protective order that would preclude the expert
7
from receiving “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
8
information within fourteen (14) days of the written objection. Each such motion
9
must be accompanied by a competent declaration affirming that the movant has
10
complied with the meet and confer requirements imposed in this paragraph. In any
11
12 such proceeding, the Party opposing disclosure to the Expert bears the burden of
13 proving that the risk of harm that the disclosure would entail (under the safeguards
14
imposed by this Order) outweighs the opposing Party’s need to disclose the
15
Protected Material to its Expert.
16
(d) Any opposition to a motion for protective order filed pursuant to this
17
paragraph will be filed within seven (7) days of the motion. A reply, if any, will be
18
19 due within three (3) days of the opposition.
20 9.7. The restrictions on the use of “CONFIDENTIAL” or “HIGHLY
21
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information established by this
22
Protective Order are applicable only to the use of the Disclosure or Discovery
23
Material received by a Party from another Party or from a Non-Party. A Party is
24
free to do whatever it desires with its own confidential information, provided that
25
26 any dissemination of the information by the Party that owns the information may
27 lead to the loss of that information’s confidential status.
1
10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
2
PRODUCED IN OTHER LITIGATION
3
If a Party is served with a subpoena or a court order issued in other litigation
4
5 that compels disclosure of any information or items designated in this Action as
6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
7
ONLY,” that Party must:
8
(a) promptly notify in writing the Designating Party. Such notification shall
9
include a copy of the subpoena or court order;
10
(b) promptly notify in writing the party who caused the subpoena or order to
11
12 issue in the other litigation that some or all of the material covered by the subpoena
13 or order is subject to this Protective Order. Such notification shall include a copy of
14
this Stipulated Protective Order; and
15
(c) cooperate with respect to all reasonable procedures sought to be pursued
16
by the Designating Party whose Protected Material may be affected. If the
17
Designating Party timely seeks a protective order, the Party served with the
18
19 subpoena or court order shall not produce any information designated in this action
20 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
21
EYES ONLY” before a determination by the court from which the subpoena or
22
order issued, unless the Party has obtained the Designating Party’s permission. The
23
Designating Party shall bear the burden and expense of seeking protection in that
24
court of its confidential material and nothing in these provisions should be construed
25
26 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful
27 directive from another court.
1
11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
2
PRODUCED IN THIS LITIGATION
3
11.1 The terms of this Order are applicable to information produced by a
4
5 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
6 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information
7
produced by Non-Parties in connection with this litigation is protected by the
8
remedies and relief provided by this Order. Nothing in these provisions should be
9
construed as prohibiting a Non-Party from seeking additional protections.
10
11.2 In the event that a Party is required, by a valid discovery request, to
11
12 produce a Non-Party’s confidential information in its possession, and the Party is
13 subject to an agreement with the Non-Party not to produce the Non-Party’s
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confidential information, then the Party shall:
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(a) promptly notify in writing the Requesting Party and the Non-Party that
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some or all of the information requested is subject to a confidentiality agreement
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with a Non-Party;
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19 (b) 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
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description of the information requested; and
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(c) make the information requested available for inspection by the Non-Party,
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if requested.
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11.3 If the Non-Party fails to seek a protective order from this court within
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26 14 days of receiving the notice and accompanying information, the Receiving Party
27 may produce the Non-Party’s confidential information responsive to the discovery
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request. If the Non-Party timely seeks a protective order, the Receiving Party shall
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not produce any information in its possession or control that is subject to the
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confidentiality agreement with the Non-Party before a determination by the court.
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5 Absent a court order to the contrary, the Non-Party shall bear the burden and
6 expense of seeking protection in this court of its Protected Material.
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12. INADVERTENT PRODUCTION OF PRIVILEGED OR
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OTHERWISE PROTECTED MATERIAL
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12.1 In this litigation, if a party or nonparty (“Disclosing Party”)
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inadvertently discloses information that is subject to a claim of attorney-client
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12 privilege work product protection, official information privilege, and/or
13 deliberative process privilege (“Inadvertently Disclosed Information”), such
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disclosure shall not constitute or be deemed a waiver or forfeiture of any claim of
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privilege or work product protection with respect to the Inadvertently Disclosed
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Information or its related subject matter in this litigation or in any other court or
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legal proceeding. Upon notification by the Disclosing Party, the Receiving Party
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19 agrees to, in accordance with Federal Rule of Civil Procedure 26(b)(5)(B), (i) return
20 and/or destroy all Inadvertently Disclosed Information, including any copies
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thereof, and (ii) promptly provide written confirmation of compliance with this
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provision.
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12.2 If a Receiving Party learns that, by inadvertence or otherwise, it has
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disclosed Protected Material to any person or in any circumstance not authorized
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26 under this Order, or if the Receiving Party learns that Protected Materials have been
27 compromised due to a security breach, the Receiving Party must immediately:
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(a) notify in writing the Designating Party of the unauthorized disclosures or
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breach;
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(b) use its best efforts to retrieve all unauthorized copies of the Protected
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5 Material;
6 (c) inform the person or persons to whom unauthorized disclosures were made
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of all the terms of this Order; and
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(d) request such person or persons to execute the “Acknowledgment and
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Agreement to Be Bound” that is attached as Exhibit A.
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12.3 Nothing in these provisions limits or prohibits a Party or Non-Party from
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12 seeking any available legal or equitable remedies or relief for the unauthorized
13 disclosure of its Protected Material, including but not limited to attorneys’ fees and
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costs associated with enforcing its rights under this Order.
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13. MISCELLANEOUS
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13.1 Public Knowledge or Independent Acquisition. Notwithstanding any
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other provision of this Order, no person shall be precluded from using or disclosing,
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19 in any lawful manner, any Protected Material that (a) was public knowledge prior
20 to disclosure, other than by public disclosure in violation of a court order, including
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this or other protective orders; (b) was independently known by that person; (c)
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either is independently and lawfully developed or is acquired by the Receiving Party
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from any source, other than the designating source, unless the Receiving Party
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knows or should know that the person from whom the Receiving Party received the
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26 Protected Material came into possession of such Protected Material unlawfully; (d)
27 becomes public knowledge other than by an act or omission of the Receiving Party
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or by violation of a court order, including this or other protective orders; or (e) is
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treated by the Designating Party in a manner that is inconsistent with its status as
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Protected Material by, for example, freely providing it to other persons—other than
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5 members of the Plaintiff business associations—in a non-confidential and non-
6 protective manner. The burden of proving prior possession, prior knowledge, prior
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public knowledge, or inconsistent treatment of such Protected Material shall be on
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the Receiving Party.
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13.2 Right to Further Relief. Nothing in this Order abridges the right of any
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person to seek its modification by the Court in the future.
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12 13.3 Right to Assert Other Objections. By stipulating to the entry of this
13 Protective Order, no Party waives any right it otherwise would have to object to
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disclosing or producing any information or item on any ground not addressed in this
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Stipulated Protective Order. Similarly, no Party waives any right to object on any
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ground to use in evidence of any of the material covered by this Protective Order.
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13.4 No Waiver. Nothing in this Order shall be deemed a waiver of the right
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19 of any party to oppose production of any information or material on any available
20 grounds or to object to the authenticity or admissibility of any document, testimony,
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or other evidence.
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13.5 No Modification of Privileges. Nothing in this Order shall modify the
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law regarding the attorney-client privilege, the attorney work product doctrine, the
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joint defense privilege, and any other applicable privilege or protection from
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26 disclosure to the extent such privilege or protection exists under applicable law.
27 13.6 Filing Protected Material. A Party that seeks to file under seal any
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Protected Material must comply with Local Civil Rule 79-5. Protected Material may
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only be filed under seal pursuant to a court order authorizing the sealing of the
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specific Protected Material. If a Party’s request to file Protected Material under seal
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5 is denied by the court, then the Receiving Party may file the information in the
6 public record unless otherwise instructed by the court.
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14. FINAL DISPOSITION
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14.1 Final disposition shall be deemed to be the later of: (a) dismissal of all
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claims and defenses in this Action, with or without prejudice; and (b) final judgment
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herein after the completion and exhaustion of all appeals, re-hearings, remands,
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12 trials, or reviews of this Action, including the time limits for filing any motions or
13 applications for extension of time pursuant to applicable law.
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14.2 Unless otherwise ordered or agreed in writing by the Producing Party,
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within sixty (60) days after the final disposition of this Action, each Receiving Party
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and each Non-Party in receipt of Protected Material pursuant to the procedures in
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Paragraph 34 above must take reasonable steps to return all Protected Material to
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19 the Producing Party or destroy such material, except: (a) backup tapes or other
20 disaster recovery systems that are routinely deleted or written over in accordance
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with an established routine system maintenance practice; (b) emails sent or received
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by counsel for the Receiving Party; (c) documents that must be preserved as
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government records or in compliance with other statutory, regulatory, or legal
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authorities; or (d) work product kept in the ordinary course of business in which
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26 confidential material is referenced or described. As used in this subdivision, “all
27 Protected Material” includes all copies, abstracts, compilations, summaries, and any
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other format reproducing or capturing any of the Protected Material.
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Whether the Protected Material is returned or destroyed, upon the written
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request of the Producing Party, the Receiving Party must submit a written
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5 certification to the Producing Party (and, if not the same person or entity, to the
6 Designating Party) within a reasonable time after receiving the request that (a)
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identifies (by category, if appropriate) all the Protected Material that was returned
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or destroyed, and (b) affirms that the Receiving Party has not retained any copies,
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abstracts, compilations, summaries, or any other format reproducing or capturing
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any of the Protected Material.
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12 Notwithstanding this provision, Outside Counsel and House Counsel are
13 each entitled to retain copies of all pleadings, motion papers, trial, deposition, and
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hearing transcripts, legal memoranda, settlement conference statements, mediation
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briefs, correspondence, deposition and trial exhibits, expert reports, attorney work
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product, and consultant and expert work product, even if such materials contain
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Protected Material.
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19 15. Standard Protective Order
20 This Order supersedes any applicable Standard Protective Order or pre-suit
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confidentiality agreement, and as of the date of this Order, this Order governs the
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treatment of Protected Material produced in this action, including Protected Material
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produced when the Standard Protective Order or pre-suit confidentiality agreement
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was in effect in this action.
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16. VIOLATION
Any violation of this Order may be punished by appropriate measures
A including, without limitation, contempt proceedings and/or monetary sanctions.
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6 FOR GOOD CAUSE SHOWN BY THE PARTIES’ STIPULATION, IT IS
ORDERED.
8 .
9 || DATED: August 12, 2025 fuk Wie
10 Honorable Pedro V. Castillo
1] United States Magistrate Judge
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28 25
1 EXHIBIT A
2 ACKNOWLEDGEMENT AND AGREEMENT TO
3 BE BOUND
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I, [print or type full name], of
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6 [print or type full address], declare
7 under penalty of perjury that I have read in its entirety and understand the
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Protective Order that was issued by the United States District Court for the
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Central District of California, in the case of Chamber of Commerce v. Randolph,
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No. 2:24-cv-00801-ODW-PVC. I agree to comply with and to be bound by all
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the terms of this Protective Order and I understand and acknowledge that failure
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13 to so comply could expose me to sanctions and punishment in the nature of
14 contempt. I solemnly promise that I will not disclose in any manner any
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information or item that is subject to this Protective Order to any person or entity
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except in strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District
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19 Court for the Central District of California for the purpose of enforcing the terms
20
of this Protective Order, even if such enforcement proceedings occur after
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22 termination of this Action.
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1 I hereby appoint [print or type full name] of [print or type full
2
address and telephone number] as my California agent for service of process
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in connection with this Action or any proceedings related to enforcement of
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5 this Protective Order.
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PRINT NAME HERE
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13 SIGN NAME HERE
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15 DATE
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17 COUNTY
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