even stipulated 18 protective orders require good cause showing
How later courts described this case
- even stipulated 18 protective orders require good cause showing
Written by the judges who cited it.
The opinion
1 JOHN W. HOWARD (SBN 80200) MOLLY M. LENS (SB #283867)
SCOTT J. STREET (SBN 258962) mlens@omm.com
2 JW Howard/ Attorneys, Ltd. SAM H.S. DONOHUE (SB #329526)
600 West Broadway, Suite 1400 sdonohue@omm.com
3 San Diego, CA 92101 PAOLA MÉNDEZ (SB #353372)
Tel: 619-234-2842; Fax 619-234-1716 pmendez@omm.com
4 Johnh@jwhowardattorneys.com O’Melveny & Myers LLP
Sstreet@jwhowardattorneys.com 1999 Avenue of the Stars, 8th Floor
5 Los Angeles, California 90067-6035
NICHOLAS R. BARRY (pro hac vice) Tel: (310) 553-6700
6 IAN PRIOR (pro hac vice) Fax: (310) 246-6779
America First Legal Foundation
7 611 Pennsylvania Ave, SE #231 NATASHA W. TELEANU (pro hac
Washington, DC 20003 vice)
8 Telephone: (615) 431-9303 O’MELVENY & MYERS LLP
nicholas.barry@aflegal.org 1301 Avenue of the Americas, 17th Fl.
9 ianprior@aflegal.org New York, New York 10019
Telephone: +1 212 326 2000
10 Counsel for Plaintiff Facsimile: +1 212 326 2061
nteleanu@omm.com
11
Attorneys for Defendants
12
13
UNITED STATES DISTRICT COURT
14
CENTRAL DISTRICT OF CALIFORNIA
15
16 JEFF VAUGHN
Case No.: 2:24-cv-05570-HDV-RAO
17 Plaintiff,
18 v. DISCOVERY MATTER:
19 CBS BROADCASTING, INC., a AMENDED STIPULATED
Delaware Corporation, and PROTECTIVE ORDER1
20 PARAMOUNT GLOBAL, a
Delaware Corporation, Wendy
21 McMahon, an individual,
22 Defendants.
23
24
25
26
27
1 This Stipulated Protective Order is substantially based on the model protective
1 1. INTRODUCTION
2 1.1 Purposes and Limitations. Discovery in this action is likely to involve
3 production of confidential, proprietary, or private information for which special
4 protection from public disclosure and from use for any purpose other than
5 prosecuting this litigation may be warranted. Accordingly, the parties hereby
6 stipulate to and petition the court to enter the following Stipulated Protective Order.
7 The parties acknowledge that this Order does not confer blanket protections on all
8 disclosures or responses to discovery and that the protection it affords from public
9 disclosure and use extends only to the limited information or items that are entitled
10 to confidential treatment under the applicable legal principles.
11 1.2 Good Cause Statement.
12 This action is likely to involve trade secrets and other valuable commercial,
13 financial, technical and/or proprietary information, including, for example, non-
14 public information about the production of KCBS-TV/KCAL-TV nightly news as
15 well as personnel-related information for third-parties, for which special protection
16 from public disclosure and from use for any purpose other than prosecution of this
17 action is warranted. Such confidential and proprietary materials and information
18 consist of, among other things, confidential business or financial information,
19 information regarding confidential business practices, commercial information
20 (including information implicating privacy rights of third parties), information
21 otherwise generally unavailable to the public, or which may be privileged or
22 otherwise protected from disclosure under state or federal statutes, court rules, case
23 decisions, or common law. Accordingly, to expedite the flow of information, to
24 facilitate the prompt resolution of disputes over confidentiality of discovery
25 materials, to adequately protect information the parties are entitled to keep
26 confidential, to ensure that the parties are permitted reasonable necessary uses of
27 such material in preparation for and in the conduct of trial, to address their handling
1 information is justified in this matter. It is the intent of the parties that information
2 will not be designated as “confidential” or as “attorneys’ eyes only” for tactical
3 reasons and that nothing be so designated without a good faith belief that it has been
4 maintained in a confidential, non-public manner, and there is good cause why it
5 should not be part of the public record of this case.
6 1.3 Acknowledgment of Procedure for Filing Under Seal. The parties
7 further acknowledge, as set forth in Section 12.3, below, that this Stipulated
8 Protective Order does not entitle them to file confidential information under seal;
9 Local Civil Rule 79-5 sets forth the procedures that must be followed and the
10 standards that will be applied when a party seeks permission from the court to file
11 material under seal.
12 There is a strong presumption that the public has a right of access to judicial
13 proceedings and records in civil cases. In connection with non-dispositive motions,
14 good cause must be shown to support a filing under seal. See Kamakana v. City
15 and Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of
16 Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-
17 Welbon v. Sony Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
18 protective orders require good cause showing), and a specific showing of good
19 cause or compelling reasons with proper evidentiary support and legal justification,
20 must be made with respect to Protected Material that a party seeks to file under
21 seal. The parties’ mere designation of Disclosure or Discovery Material as
22 CONFIDENTIAL does not—without the submission of competent evidence by
23 declaration, establishing that the material sought to be filed under seal qualifies as
24 confidential, privileged, or otherwise protectable—constitute good cause.
25 Further, if a party requests sealing related to a dispositive motion or trial,
26 then compelling reasons, not only good cause, for the sealing must be shown, and
27 the relief sought shall be narrowly tailored to serve the specific interest to be
1 2010). For each item or type of information, document, or thing sought to be filed
2 or introduced under seal in connection with a dispositive motion or trial, the party
3 seeking protection must articulate compelling reasons, supported by specific facts
4 and legal justification, for the requested sealing order. Again, competent evidence
5 supporting the application to file documents under seal must be provided by
6 declaration.
7 Any document that is not confidential, privileged, or otherwise protectable in
8 its entirety will not be filed under seal if the confidential portions can be redacted.
9 If documents can be redacted, then a redacted version for public viewing, omitting
10 only the confidential, privileged, or otherwise protectable portions of the document,
11 shall be filed. Any application that seeks to file documents under seal in their
12 entirety should include an explanation of why redaction is not feasible.
13
14 2. DEFINITIONS
15 2.1 Action: Jeff Vaughn v. CBS Broadcasting et al., No. 2:24-cv-05570-
16 HDV-RAO.
17 2.2 Challenging Party: a Party or Non-Party that challenges the designation
18 of information or items under this Order.
19 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
20 how it is generated, stored or maintained) or tangible things that qualify for
21 protection under Rule 26(c) of the Federal Rules of Civil Procedure, and as specified
22 above in the Good Cause Statement.
23 2.4 “ATTORNEYS’ EYES ONLY” Information or Items: information
24 designated as “ATTORNEYS’ EYES ONLY” pursuant to this Stipulated Protective
25 Order (hereinafter “Attorneys’ Eyes Only Information”) includes Disclosures or
26 Discovery Material that (a) constitutes Confidential Information and (b) the
27 Designating Party believes in good faith to be extremely confidential and/or
1 and other paragraphs of this Stipulated Protective Order.
2 2.5 Counsel: Outside Counsel of Record and In-House Counsel (as well as
3 their support staff).
4 2.6 Designating Party: a Party or Non-Party that designates information or
5 items that it produces in disclosures or in responses to discovery as
6 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”
7 2.7 Disclosure or Discovery Material: all items or information, regardless
8 of the medium or manner in which it is generated, stored, or maintained (including,
9 among other things, testimony, transcripts, and tangible things), that are produced or
10 generated in disclosures or responses to discovery in this matter.
11 2.8 Expert: a person with specialized knowledge or experience in a matter
12 pertinent to the litigation who has been retained by a Party or its counsel to serve as
13 an expert witness or as a consultant in this Action.
14 2.9 Final Disposition: the later of (1) dismissal of all claims and defenses
15 in this Action, with or without prejudice; and (2) final judgment herein after the
16 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of
17 this Action, including the time limits for filing any motions or applications for
18 extension of time pursuant to applicable law.
19 2.10 In-House Counsel: attorneys who are employees of a party to this
20 Action. In-House Counsel does not include Outside Counsel of Record or any other
21 outside counsel.
22 2.11 Non-Party: any natural person, partnership, corporation, association, or
23 other legal entity not named as a Party to this action.
24 2.12 Outside Counsel of Record: attorneys who are not employees of a party
25 to this Action but are retained to represent or advise a party to this Action and have
26 appeared in this Action on behalf of that party or are affiliated with a law firm which
27 has appeared on behalf of that party, and includes support staff.
1 employees, consultants, retained experts, and Outside Counsel of Record (and their
2 support staffs).
3 2.14 Producing Party: a Party or Non-Party that produces Disclosure or
4 Discovery Material in this Action.
5 2.15 Professional Vendors: persons or entities that provide litigation-
6 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
7 demonstrations, and organizing, storing, or retrieving data in any form or medium)
8 and their employees and subcontractors.
9 2.16 Protected Material: any Disclosure or Discovery Material that is
10 designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”
11 2.17 Receiving Party: a Party that receives Disclosure or Discovery Material
12 from a Producing Party.
13
14 3. SCOPE
15 The protections conferred by this Stipulation and Order cover not only
16 Protected Material (as defined above), but also (1) any information copied or
17 extracted from Protected Material; (2) all copies, excerpts, summaries, or
18 compilations of Protected Material; and (3) any testimony, conversations, or
19 presentations by Parties or their Counsel that might reveal Protected Material.
20 For the avoidance of doubt, the designation of any documents or information
21 as “Confidential” or “Attorneys’ Eyes Only” under this Stipulation and Order does
22 not cover the following information: (a) any information that is independently in
23 the public domain at the time of disclosure to a Receiving Party or becomes part of
24 the public domain after its disclosure to a Receiving Party as a result of publication
25 not involving a violation of this Order and (b) any information independently
26 known to the Receiving Party prior to the disclosure or obtained by the Receiving
27 Party after the disclosure from a source who obtained the information lawfully and
1 of doubt, however, any documents designated as “Confidential” or “Attorneys’
2 Eyes Only” pursuant to this Stipulation and Order must be treated as such, unless
3 and until the designation is withdrawn and/or the Court rules otherwise or the
4 document is otherwise independently in the possession of the author or intended
5 recipient(s) of a document (including persons who are “CC’d” or “BCC’d”) prior
6 to the designation of the document as “Confidential” or “Attorneys’ Eyes Only.”
7 Any use of Protected Material at trial shall be governed by the orders of the
8 trial judge. This Stipulated Protective Order does not govern the use of Protected
9 Material at trial.
10
11 4. TRIAL AND DURATION
12 The terms of this Stipulated Protective Order apply through Final Disposition
13 of the Action.
14 Once a case proceeds to trial, information that was designated as
15 CONFIDENTIAL or “ATTORNEYS’ EYES ONLY” or maintained pursuant to
16 this Stipulated Protective Order and used or introduced as an exhibit at trial
17 becomes public and will be presumptively available to all members of the public,
18 including the press, unless compelling reasons supported by specific factual
19 findings to proceed otherwise are made to the trial judge in advance of the trial.
20 See Kamakana, 447 F.3d at 1180–81 (distinguishing “good cause” showing for
21 sealing documents produced in discovery from “compelling reasons” standard
22 when merits-related documents are part of court record). Accordingly, for such
23 materials, the terms of this Stipulated Protective Order do not extend beyond the
24 commencement of the trial.
25 Even after Final Disposition of this litigation, the confidentiality obligations
26 imposed by this Stipulated Protective Order shall remain in effect until a
27 Designating Party agrees otherwise in writing or a court order otherwise directs.
1 defenses in this Action, with or without prejudice; and (2) final judgment herein
2 after the completion and exhaustion of all appeals, rehearings, remands, trials, or
3 reviews of this Action, including the time limits for filing any motions or
4 applications for extension of time pursuant to applicable law.
5
6 5. DESIGNATING PROTECTED MATERIAL
7 5.1 Exercise of Restraint and Care in Designating Material for Protection.
8 Each Party or Non-Party that designates information or items for protection under
9 this Order must take care to limit any such designation to specific material that
10 qualifies under the appropriate standards.
11 Mass, indiscriminate, or routinized designations are prohibited. Designations
12 that are shown to be clearly unjustified or that have been made for an improper
13 purpose (e.g., to unnecessarily encumber the case development process or to
14 impose unnecessary expenses and burdens on other parties) may expose the
15 Designating Party to sanctions.
16 If it comes to a Designating Party’s attention that information or items that it
17 designated for protection do not qualify for protection, that Designating Party must
18 promptly notify all other Parties that it is withdrawing the inapplicable designation.
19 5.2 Manner and Timing of Designations. Except as otherwise provided in
20 this Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a)
21 below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that
22 qualifies for protection under this Stipulated Protective Order must be clearly so
23 designated before the material is disclosed or produced.
24 Designation in conformity with this Stipulated Protective Order requires:
25 (a) for information in documentary form (e.g., paper or electronic
26 documents, but excluding transcripts of depositions or other pretrial or trial
27 proceedings), that the Producing Party affix at a minimum, the legend
1 that contains protected material.
2 A Party or Non-Party that makes original documents available for inspection
3 need not designate them for protection until after the inspecting Party has indicated
4 which documents it would like copied and produced. During the inspection and
5 before the designation, all of the material made available for inspection shall be
6 deemed CONFIDENTIAL. After the inspecting Party has identified the documents
7 it wants copied and produced, the Producing Party must determine which
8 documents qualify for protection under this Stipulated Protective Order. Then,
9 before producing the specified documents, the Producing Party must affix the
10 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” legend to each page that
11 contains Protected Material. If only a portion or portions of the material on a page
12 qualifies for protection, the Producing Party also must clearly identify the protected
13 portion(s) (e.g., by making appropriate markings in the margins).
14 (b) for testimony given in depositions, the Designating Party may
15 provisionally designate the entirety of deposition testimony as “CONFIDENTIAL”
16 OR “ATTORNEYS’ EYES ONLY,” with the obligation to identify more specific
17 portions of the testimony as to which protection is sought within 30 days following
18 receipt of the deposition transcript (or within the time otherwise agreed by the
19 Parties).
20 (c) for information produced in some form other than documentary and
21 for any other tangible items, that the Producing Party affix in a prominent place on
22 the exterior of the container or containers in which the information is stored the
23 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” legend. If only a portion or
24 portions of the information warrants protection, the Producing Party, to the extent
25 practicable, shall identify the protected portion(s).
26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
27 failure to designate qualified information or items does not, standing alone, waive
1 Upon timely correction of a designation, the Receiving Party must make reasonable
2 efforts to assure that the material is treated in accordance with the provisions of this
3 Stipulated Protective Order.
4
5 6. CHALLENGING CONFIDENTIALITY AND ATTORNEYS’ EYES
6 ONLY DESIGNATIONS
7 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
8 designation of Confidential or Attorneys’ Eyes Only at any time that is consistent
9 with the court’s Scheduling Order. Unless a prompt challenge to a Designating
10 Party’s confidentiality designation is necessary to avoid foreseeable, substantial
11 unfairness, unnecessary economic burdens, or a significant disruption or delay of
12 the litigation, a Party does not waive its right to challenge a confidentiality
13 designation by electing not to mount a challenge promptly after the original
14 designation is disclosed.
15 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
16 resolution process under Local Rule 37.1 et seq. and with Section 2 of Judge
17 Oliver’s Law and Motion Procedures titled “Informal Discovery Dispute
18 Resolution.”2
19 6.3 The burden of persuasion in any such challenge proceeding shall be on
20 the Designating Party. Frivolous challenges, and those made for an improper
21 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
22 parties) may expose the Challenging Party to sanctions. Unless the Designating
23 Party has waived or withdrawn the Confidential or Attorneys’ Eyes Only
24 designation (including by failing to file the stipulation required by Local Rule 37-
25 2.1), all parties shall continue to afford the material in question the level of
26
27
2 Judge Oliver’s Procedures are available at
1 protection to which it is entitled under the Producing Party’s designation until the
2 court rules on the challenge.
3
4 7. ACCESS TO AND USE OF PROTECTED MATERIAL
5 7.1 Basic Principles. A Receiving Party may use Protected Material that
6 is disclosed or produced by another Party or by a Non-Party in connection with this
7 Action only for prosecuting, defending, or attempting to settle this Action. Such
8 Protected Material may be disclosed only to the categories of persons and under the
9 conditions described in this Order. When the Action reaches a Final Disposition, a
10 Receiving Party must comply with the provisions of section 13 below.
11 Protected Material must be stored and maintained by a Receiving Party at a
12 location and in a secure manner that ensures that access is limited to the persons
13 authorized under this Stipulated Protective Order.
14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
15 otherwise ordered by the court or permitted in writing by the Designating Party, a
16 Receiving Party may disclose any information or item designated
17 “CONFIDENTIAL” only:
18 (a) to the Receiving Party’s Outside Counsel of Record in this Action, as
19 well as employees of said Outside Counsel of Record to whom it is reasonably
20 necessary to disclose the information for this Action;
21 (b) to the Receiving Party (if an individual), or officers, directors, and
22 employees (including In-House Counsel) of the Receiving Party to whom
23 disclosure is reasonably necessary for this Action;
24 (c) to Experts (as defined in this Order) of the Receiving Party to whom
25 disclosure is reasonably necessary for this Action and who have signed the
26 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
27 (d) to the court and its personnel;
1 (f) to professional jury or trial consultants, mock jurors, and Professional
2 Vendors to whom disclosure is reasonably necessary for this Action and who have
3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
4 (g) to the author or recipient of a document containing the information or
5 a custodian or other person who otherwise possessed or knew the information;
6 (h) any deposition or non-trial hearing witness in the Action (including,
7 for the avoidance of doubt, in preparation for such testimony) who previously did
8 not have access to the Confidential Materials (including any counsel for such
9 individuals); provided, provided: (1) the witness signs the “Acknowledgment and
10 Agreement to Be Bound” (Exhibit A); and (2) the witness will not be permitted to
11 keep any confidential information unless they sign the “Acknowledgment and
12 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating
13 Party or ordered by the court; and
14 (i) to any mediator or settlement officer, and their supporting personnel,
15 mutually agreed upon by any of the parties engaged in settlement discussions.
16 7.3 Disclosure of “ATTORNEYS’ EYES ONLY” Information or Item.
17 Unless otherwise ordered by the Court or permitted in writing by the Designating
18 Party, a Receiving Party may disclose any information or item designated
19 “ATTORNEYS’ EYES ONLY” only:
20 (a) to those persons described in sub-paragraphs (a), (c), (d), (e), and (i),
21 and of Paragraph 7.2 of this Stipulated Protective Order;
22 (b) to In-House Counsel from the Receiving Party not otherwise covered
23 in paragraph 7.3(a) of this Stipulated Protective Order who have responsibilities in
24 connection with litigating these actions, provided that such persons (i) are first
25 advised of the terms of this Stipulated Protective Order and their obligation under
26 this Stipulated Protective Order to keep the Protected Material confidential, (ii)
27 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and
1 server hosted by the Receiving Party’s Outside Counsel and its vendors and may
2 not copy, download, or otherwise receive or possess such documents; and
3 (c) to those persons described in sub-paragraphs (f) and (g) of Paragraph
4 7.2 of this Stipulated Protective Order not otherwise covered in Paragraph 7.3(a) of
5 this Stipulated Protective Order, provided that such persons (i) do not retain copies
6 of the materials designated “ATTORNEYS’ EYES ONLY,” (ii) are first advised of
7 the terms of this Stipulated Protective Order and his or her obligation under this
8 Stipulated Protective Order to keep the “ATTORNEYS’ EYES ONLY” documents
9 confidential, and (iii) have signed the “Acknowledgment and Agreement to Be
10 Bound” (Exhibit A).
11 The procedures for maintaining the confidentiality of Attorneys’ Eyes Only
12 Information during any hearing or trial in these actions shall be determined by the
13 Parties and the Court in advance of the hearing or trial.
14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
15 PRODUCED IN OTHER LITIGATION
16 If a Party is served with a subpoena or a court order issued in other litigation
17 that compels disclosure of any information or items designated in this Action as
18 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” that Party must:
19 (a) promptly notify in writing the Designating Party. Such notification
20 shall include a copy of the subpoena or court order;
21 (b) promptly notify in writing the party who caused the subpoena or order
22 to issue in the other litigation that some or all of the material covered by the
23 subpoena or order is subject to this Protective Order. Such notification shall
24 include a copy of this Stipulated Protective Order; and
25 (c) cooperate with respect to all reasonable procedures sought to be
26 pursued by the Designating Party whose Protected Material may be affected.
27 If the Designating Party timely seeks a protective order, the Party served
1 this action as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a
2 determination by the court from which the subpoena or order issued, unless the
3 Party has obtained the Designating Party’s permission. The Designating Party
4 shall bear the burden and expense of seeking protection in that court of its
5 Protected Material and nothing in these provisions should be construed as
6 authorizing or encouraging a Receiving Party in this Action to disobey a lawful
7 directive from another court.
8
9 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
10 PRODUCED IN THIS LITIGATION
11 9.1 Application. The terms of this Stipulated Protective Order are
12 applicable to information produced by a Non-Party in this Action and designated as
13 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” Such information
14 produced by Non-Parties in connection with this litigation is protected by the
15 remedies and relief provided by this Order. Nothing in these provisions should be
16 construed as prohibiting a Non-Party from seeking additional protections.
17 9.2 Notification. In the event that a Party is required, by a valid discovery
18 request, to produce a Non-Party’s confidential information in its possession, and the
19 Party is subject to an agreement with the Non-Party not to produce the Non-
20 Party’s confidential information, then the Party shall:
21 (a) promptly notify in writing the Requesting Party and the Non-Party
22 that some or all of the information requested is subject to a confidentiality
23 agreement with a Non-Party;
24 (b) make the information requested available for inspection by the Non-
25 Party, if requested.
26 9.3 Conditions of Production. If the Non-Party fails to seek a protective
27 order from this court within 14 days of receiving the notice and accompanying
1 information responsive to the discovery request. If the Non-Party timely seeks a
2 protective order, the Receiving Party shall not produce any information in its
3 possession or control that is subject to the confidentiality agreement with the Non-
4 Party before a determination by the court. Absent a court order to the contrary, with
5 the court having discretion to shift costs, the Non-Party shall bear the burden and
6 expense of seeking protection in this court of its Protected Material.
7
8 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
9 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
10 Protected Material to any person or in any circumstance not authorized under this
11 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
12 writing the Designating Party of the unauthorized disclosures, (b) use its best
13 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
14 person or persons to whom unauthorized disclosures were made of all the terms of
15 this Order, and (d) request such person or persons to execute the “Acknowledgment
16 and Agreement to Be Bound” (Exhibit A).
17
18 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
19 PROTECTED MATERIAL
20 When a Producing Party gives notice to Receiving Parties that certain
21 inadvertently produced material is subject to a claim of privilege or other
22 protection, the obligations of the Receiving Parties are those set forth in Rule
23 26(b)(5)(B) of the Federal Rules of Civil Procedure. This provision is not intended
24 to modify whatever procedure may be established in an e-discovery order that
25 provides for production without prior privilege review. Pursuant to Federal Rule of
26 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of
27 disclosure of a communication or information covered by the attorney-client
1 the stipulated protective order submitted to the court.
2
3 12. MISCELLANEOUS
4 12.1 Right to Further Relief. Nothing in this Stipulated Protective Order
5 abridges the right of any person to seek its modification by the court in the future.
6 12.2 Right to Assert Other Objections. By stipulating to the entry of this
7 Stipulated Protective Order no Party waives any right it otherwise would have to
8 object to disclosing or producing any information or item on any ground not
9 addressed in this Stipulated Protective Order. Similarly, no Party waives any right
10 to object on any ground to use in evidence of any of the material covered by this
11 Stipulated Protective Order. And nothing in these provisions should be construed
12 as prohibiting a Party from seeking additional protections.
13 12.3 Filing Protected Material. A Party that seeks to file under seal any
14 Protected Material must comply with Local Rule 79-5. Protected Material may
15 only be filed under seal pursuant to a court order authorizing the sealing of the
16 specific Protected Material at issue. If a Party's request to file Protected Material
17 under seal is denied by the court, then the Receiving Party may file the information
18 in the public record unless otherwise instructed by the court.
19
20 13. FINAL DISPOSITION
21 After the Final Disposition of this Action, as defined in paragraph 4, within
22 60 days of a written request by the Designating Party, each Receiving Party must
23 return all Protected Material to the Producing Party or destroy such material. As
24 used in this subdivision, “all Protected Material” includes all copies, abstracts,
25 compilations, summaries, and any other format reproducing or capturing any of the
26 Protected Material. Whether the Protected Material is returned or destroyed, the
27 Receiving Party must submit a written certification to the Producing Party (and, if
1 (1) identifies (by category, where appropriate) all the Protected Material that was
2 returned or destroyed and (2) affirms that the Receiving Party has not retained any
3 copies, abstracts, compilations, summaries or any other format reproducing or
4 capturing any of the Protected Material. Notwithstanding this provision, Counsel is
5 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,
6 and hearing transcripts, legal memoranda, correspondence, deposition and trial
7 exhibits, expert reports, attorney work product, and consultant and expert work
8 product, even if such materials contain Protected Material. Any such archival
9 copies that contain or constitute Protected Material remain subject to this Protective
10 Order as set forth in Section 4.
11 14. VIOLATION
12 Any violation of this Stipulated Protective Order may be punished by any
13 and all appropriate measures including, without limitation, contempt proceedings
14 and/or monetary sanctions.
15
16
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
17
18
DATED: August 15, 2025 /s/ Michelle D. Volk
19
Attorney(s) for Plaintiff(s)
20
21
22 DATED: August 15, 2025 /s/ Molly M. Lens
23 Attorney(s) for Defendant(s)
24
25
26
27
1 ATTESTATION OF FILING
2 Pursuant to Local Rule 5-4.3.4 regarding signatures, I, Molly M. Lens, hereby
3 || attest that concurrence in the filing has been obtained from counsel with conformed
4 || signatures above.
5 Molly M. Lens
6 Molly M. Lens
7
8
? || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
" DATED: _ 8/18/2025 Re elf s, Q :
HON. ROZELLA A. OLIVER
13 United States Magistrate Judge
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, ________________________ [print or type full name], of
4 _________________ [print or type full address], declare under penalty of
5 perjury that I have read in its entirety and understand the Amended Stipulated
6 Protective Order that was issued by the United States District Court for the
7 Central District of California on ___________[date] in the case of Jeff Vaughn
8 v. CBS Studios et al., Case No. 2:24-cv-05570-HDV-RAO. I agree to comply with
9 and to be bound by all the terms of this Amended Stipulated Protective Order and I
10 understand and acknowledge that failure to so comply could expose me to
11 sanctions and punishment in the nature of contempt. I solemnly promise that I will
12 not disclose in any manner any information or item that is subject to this Amended
13 Stipulated Protective Order to any person or entity except in strict compliance with
14 the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District
16 Court for the Central District of California for the purpose of enforcing the terms of
17 this Amended Stipulated Protective Order, even if such enforcement proceedings
18 occur after termination of this action. I hereby appoint
19 ________________________ [print or type full name] of _________ [print or
20 type full address and telephone number] as my California agent for service of
21 process in connection with this action or any proceedings related to enforcement of
22 this Amended Stipulated Protective Order.
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24 Date: ___________________________
25 City and State where sworn and
26 signed: ___________________________
27 Printed name: ___________________________
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2 CERTIFICATE OF SERVICE
3 I am over 18 years of age and not a party to this action. I am employed by
4 O’Melveny & Myers LLP in the City and County of Los Angeles, State of
5 California. My business address is 1999 Avenue of the Stars, 8th Floor, Los
6 Angeles, California 90067.
7 On August 15, 2025, I electronically served the STIPULATED
8 PROTECTIVE ORDER and served the documents using the Court’s Electronic
9 CM/ECF Service which will send electronic notification of such filing to all
10 registered counsel.
11 I declare under penalty of perjury under the laws of the United States that the
12 foregoing is true and correct. Executed on August 15, at Los Angeles, California.
13
14 /s/ Sam H.S. Donohue
Sam H.S. Donohue
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