even stipulated protective 12 orders require good cause showing
How later courts described this case
- even stipulated protective 12 orders require good cause showing
Written by the judges who cited it.
The opinion
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8 UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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10 AIMEE ALLISON, ) Case No. 2:25-cv-04476-RGK-JPR
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11 Plaintiff, ) STIPULATED PROTECTIVE
) ORDER
12 v. )
)
13 TERRI J. VAUGHN, TYLER VISION )
LLC, NETFLIX, INC., NINA HOLIDAY)
14 ENTERTAINMENT, INC. and DOES 1-)
25, )
15 )
Defendants. )
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17 )
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18 )
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22
23 1. INTRODUCTION
24 1.1. Purposes and Limitations
25 Discovery in this action is likely to involve production of confidential,
26 proprietary, or private information for which special protection from public disclosure
27 and from use for any purpose other than prosecuting this litigation may be warranted.
1 following Stipulated Protective Order. The parties acknowledge that this Order does
2 not confer blanket protections on all disclosures or responses to discovery and that the
3 protection it affords from public disclosure and use extends only to the limited
4 information or items that are entitled to confidential treatment under the applicable
5 legal principles.
6 1.2. Good Cause Statement
7 This action is likely to involve proprietary business information and trade
8 secrets, subscriber and pricing lists, and other valuable research, development,
9 commercial, financial, technical and/or proprietary information for which special
10 protection from public disclosure and from use for any purpose other than prosecution
11 of this action is warranted. Such confidential and proprietary materials and
12 information may consist of, among other things, confidential business or financial
13 information, information regarding confidential business practices, or other
14 confidential research, development, or commercial information (including information
15 implicating privacy rights of third parties), information otherwise generally
16 unavailable to the public, or which may be privileged or otherwise protected from
17 disclosure under state or federal statutes, court rules, case decisions, or common law.
18 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of
19 disputes over confidentiality of discovery materials, to adequately protect information
20 the parties are entitled to keep confidential, to ensure that the parties are permitted
21 reasonable necessary uses of such material in preparation for and in the conduct of
22 trial, to address their handling at the end of the litigation, and serve the ends of justice,
23 a protective order for such information is justified in this matter. It is the intent of the
24 parties that information will not be designated as confidential only for tactical reasons
25 and that nothing be so designated without a good faith belief that it has been
26 maintained in a confidential, non-public manner, and there is good cause why it
27 should not be part of the public record of this case.
1 1.3. Acknowledgment of Procedure for Filing Under Seal. The parties further
2 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order
3 does not entitle them to file confidential information under seal; Local Rule 79-5 sets
4 forth the procedures that must be followed and the standards that will be applied when
5 a party seeks permission from the court to file material under seal.
6 There is a strong presumption that the public has a right of access to judicial
7 proceedings and records in civil cases. In connection with non-dispositive motions,
8 good cause must be shown to support a filing under seal. See Kamakana v. City and
9 Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd
10 v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-Welbon v.
11 Sony Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective
12 orders require good cause showing), and a specific showing of good cause or
13 compelling reasons with proper evidentiary support and legal justification, must be
14 made with respect to Protected Material that a party seeks to file under seal. The
15 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL or
16 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY does not—without the
17 submission of competent evidence by declaration, establishing that the material sought
18 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—
19 constitute good cause.
20 Further, if a party requests sealing related to a dispositive motion or trial, then
21 compelling reasons, not only good cause, for the sealing must be shown, and the relief
22 sought shall be narrowly tailored to serve the specific interest to be protected. See
23 Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir. 2010). For each item
24 or type of information, document, or thing sought to be filed or introduced under seal
25 in connection with a dispositive motion or trial, the party seeking protection must
26 articulate compelling reasons, supported by specific facts and legal justification, for
27 the requested sealing order. Again, competent evidence supporting the application to
1 Any document that is not confidential, privileged, or otherwise protectable in its
2 entirety will not be filed under seal if the confidential portions can be redacted. If
3 documents can be redacted, then a redacted version for public viewing, omitting only
4 the confidential, privileged, or otherwise protectable portions of the document, shall
5 be filed. Any application that seeks to file documents under seal in their entirety
6 should include an explanation of why redaction is not feasible.
7 2. DEFINITIONS
8 2.1. Action: this pending federal lawsuit.
9 2.2. Challenging Party: a Party or Non-Party that challenges the designation of
10 information or items under this Order.
11 2.3. “CONFIDENTIAL” Information or Items: information (regardless of how
12 it is generated, stored, or maintained) or tangible things that qualify for protection
13 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
14 Cause Statement.
15 2.4. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
16 Information or Items: extremely sensitive “Confidential Information or Items” which
17 would create a substantial risk of serious harm if it were disclosed to another Party or
18 Non-Party.
19 2.5. Counsel (without qualifier): Outside Counsel of Record and In-House
20 Counsel (as well as their support staff).
21 2.6. Designating Party: a Party or Non-Party that designates information or
22 items that it produces in disclosures or in responses to discovery as
23 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
24 ONLY.”
25 2.7. Disclosure or Discovery Material: all items or information, regardless of
26 the medium or manner in which it is generated, stored, or maintained (including,
27 among other things, testimony, transcripts, and tangible things), that are produced or
1 2.8. Expert: a person with specialized knowledge or experience in a matter
2 pertinent to the litigation who has been retained by a Party or its Counsel to serve as
3 an expert witness or as a consultant in this Action.
4 2.9. Final Disposition: the later of (1) dismissal of all claims and defenses in
5 this Action, with or without prejudice; and (2) final judgment herein after the
6 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of
7 this Action, including the time limits for filing any motions or applications for
8 extension of time pursuant to applicable law.
9 2.10. In-House Counsel: attorneys who are employees of a party to this Action.
10 In-House Counsel does not include Outside Counsel of Record or any other outside
11 counsel.
12 2.11. Non-Party: any natural person, partnership, corporation, association, or
13 other legal entity not named as a Party to this action.
14 2.12. Outside Counsel of Record: attorneys who are not employees of a party to
15 this Action but are retained to represent or advise a party to this Action and have
16 appeared in this Action on behalf of that party or are affiliated with a law firm which
17 has appeared on behalf of that party, including support staff.
18 2.13. Party: any party to this Action, including all of its officers, directors,
19 employees, consultants, retained experts, and Outside Counsel of Record (and their
20 support staff).
21 2.14. Producing Party: a Party or Non-Party that produces Disclosure or
22 Discovery Material in this Action.
23 2.15. Professional Vendors: persons or entities that provide litigation support
24 services (e.g., photocopying, videotaping, translating, preparing exhibits or
25 demonstrations, and organizing, storing, or retrieving data in any form or medium)
26 and their employees and subcontractors.
27
1 2.16. Protected Material: any Disclosure or Discovery Material that is
2 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
3 EYES ONLY.”
4 2.17. Receiving Party: a Party that receives Disclosure or Discovery Material
5 from a Producing Party.
6 3. SCOPE
7 The protections conferred by this Stipulation and Order cover not only Protected
8 Material (as defined above), but also (1) any information copied or extracted from
9 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.
12 Any use of Protected Material at trial shall be governed by the orders of the trial
13 judge. This Order does not govern the use of Protected Material at trial.
14 4. TRIAL AND DURATION
15 The terms of this Stipulated Protective Order apply through Final Disposition of
16 the Action.
17 Once a case proceeds to trial, information that was designated as
18 CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY or
19 maintained pursuant to this Stipulated Protective Order and used or introduced as an
20 exhibit at trial becomes public and will be presumptively available to all members of
21 the public, including the press, unless compelling reasons supported by specific
22 factual findings to proceed otherwise are made to the trial judge in advance of the
23 trial. See Kamakana, 447 F.3d at 1180–81 (distinguishing “good cause” showing for
24 sealing documents produced in discovery from “compelling reasons” standard when
25 merits-related documents are part of court record). Accordingly, for such materials,
26 the terms of this Stipulated Protective Order do not extend beyond the commencement
27 of the trial.
1 Even after Final Disposition of this litigation, the confidentiality obligations
2 imposed by this Stipulated Protective Order shall remain in effect until a Designating
3 Party agrees otherwise in writing or a court order otherwise directs.
4 5. DESIGNATING PROTECTED MATERIAL
5 5.1. Exercise of Restraint and Care in Designating Material for Protection.
6 Each Party or Non-Party that designates information or items for protection under this
7 Order must take care to limit any such designation to specific material that qualifies
8 under the appropriate standards. The Designating Party must designate for protection
9 only those parts of material, documents, items, or oral or written communications that
10 qualify so that other portions of the material, documents, items, or communications
11 for which protection is not warranted are not swept unjustifiably within the ambit of
12 this Order.
13 Mass, indiscriminate, or routinized designations are prohibited. Designations
14 that are shown to be clearly unjustified or that have been made for an improper
15 purpose (e.g., to unnecessarily encumber the case development process or to impose
16 unnecessary expenses and burdens on other parties) may expose the Designating Party
17 to sanctions.
18 If it comes to a Designating Party’s attention that information or items that it
19 designated for protection do not qualify for protection, that Designating Party must
20 promptly notify all other Parties that it is withdrawing the inapplicable designation.
21 5.2. Manner and Timing of Designations. Except as otherwise provided in this
22 Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise stipulated
23 or ordered, Disclosure or Discovery Material that qualifies for protection under this
24 Order must be clearly so designated before the material is disclosed or produced.
25 Nothing in this Order shall prevent a Designating Party from using and
26 disclosing its Protected Material in any way. Nothing in this Order shall restrict any
27 Counsel from advising their client with respect to this action and from relying in a
1 giving such advice; provided, however, that in giving such advice and communicating
2 with the client, Counsel shall not disclose the substance or contents of any “HIGHLY
3 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information except to persons
4 permitted such access under this Order.
5 Designation in conformity with this Order requires:
6 (a) for information in documentary form (e.g., paper or electronic
7 documents, but excluding transcripts of depositions or other pretrial or trial
8 proceedings), that the Producing Party affix at a minimum, the legend
9 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
10 ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains protected
11 material. If only a portion or portions of the material on a page qualifies for
12 protection, the Producing Party also must clearly identify the protected portion(s)
13 (e.g., by making appropriate markings in the margins).
14 A Party or Non-Party that makes original documents available for
15 inspection need not designate them for protection until after the inspecting Party has
16 indicated which documents it would like copied and produced. During the inspection
17 and before the designation, all of the material made available for inspection shall be
18 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
19 it wants copied and produced, the Producing Party must determine which documents,
20 or portions thereof, qualify for protection under this Order. Then, before producing the
21 specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
22 to each page that contains Protected Material. If only a portion or portions of the
23 material on a page qualifies for protection, the Producing Party also must clearly
24 identify the protected portion(s) (e.g., by making appropriate markings in the
25 margins).
26 (b) for interrogatory answers and responses to requests for admissions, in
27 answering any interrogatory or request for admission, or any part, a Party may
1 ATTORNEYS’ EYES ONLY” by affixing the legend “CONFIDENTIAL” or
2 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such
3 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
4 ONLY” answers shall be made on separate pages from any other answers or portions
5 that are not designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
6 ATTORNEYS’ EYES ONLY.”
7 (c) for testimony given in depositions, any Party or Non-Party giving
8 deposition testimony may obtain “CONFIDENTIAL” or “HIGHLY
9 CONFIDENTIAL ATTORNEYS’ EYES ONLY” treatment by designating the
10 testimony that is claimed to be “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
11 ATTORNEYS’ EYES ONLY” during the course of that testimony. The reporter shall
12 separately transcribe and bind the testimony so designated as “CONFIDENTIAL” and
13 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and shall mark the
14 face of the separate bound transcript with the term “CONFIDENTIAL” or “HIGHLY
15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” During the course of deposition
16 testimony, if any Party or Non-Party reasonably believes that the answer to a question
17 will result in the disclosure of “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
18 ATTORNEYS’ EYES ONLY” information, all persons must be excluded from the
19 room in which the deposition testimony is given, except those persons entitled to
20 receive such information pursuant to paragraphs 7.2 and 7.3. Unless previously
21 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
22 EYES ONLY,” all transcripts of deposition testimony, any related exhibits, and all
23 information adduced in deposition, shall be treated as “HIGHLY CONFIDENTIAL –
24 ATTORNEYS’ EYES ONLY” in their entirety for a period of fourteen (14) calendar
25 days after receipt of the transcript by Counsel for the Designating Party. Within that
26 fourteen (14) calendar day period, the Designating Party may designate information
27 contained in the transcript(s) and/or exhibit(s) as “CONFIDENTIAL” or “HIGHLY
1 designated as such) by notifying all Parties in writing of the portions of the transcript
2 or exhibit which contain such information. Each Party shall attach a copy of such
3 written statement to the face page of the transcript or exhibit and to each copy in their
4 possession, custody or control. These portions of the transcript or exhibits designated
5 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
6 ONLY” shall be treated in accordance with the terms of this Protective Order. In
7 addition, the provisions of Paragraph 5.2(e) for later designating transcripts or exhibits
8 shall apply after the expiration of the fourteen (14) calendar day period described in
9 this Paragraph 5.2(c).
10 (d) for information produced in some form other than documentary and
11 for any other tangible items, that the Producing Party affix in a prominent place on the
12 exterior of the container or containers in which the information is stored the legend
13 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
14 ONLY.” If only a portion or portions of the information warrants protection, the
15 Producing Party, to the extent practicable, shall identify the protected portion(s).
16 (e) Except as otherwise provided in this Protective Order, the Receiving
17 Party shall not reveal any information produced for a period of seven (7) calendar
18 days following receipt. Failure to designate a document, thing or other information as
19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
20 ONLY” in accordance with this Protective Order shall not preclude any Party or Non-
21 Party desiring to so designate the document, thing or information from so designating
22 thereafter; provided that after discovering any omission of marking, the Party or Non-
23 Party promptly and in good faith marks the document, thing or other information and
24 makes a written request that each Receiving Party so mark and treat the document,
25 thing or other information in accordance with this Protective Order. Thereafter, the
26 document, thing or other information shall be fully subject to this Protective Order.
27 No Party shall incur liability for any disclosures made prior to notice of such
1 periods proscribed by this Protective Order, including the time periods provided in
2 Paragraph 5.2(c).
3 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent
4 failure to designate qualified information or items does not, standing alone, waive the
5 Designating Party’s right to secure protection under this Order for such material.
6 Upon timely correction of a designation, the Receiving Party must make reasonable
7 efforts to ensure that the material is treated in accordance with the provisions of this
8 Order.
9 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
10 6.1. Timing of Challenges. Any Party or Non-Party may challenge a
11 designation of confidentiality at any time that is consistent with the Court’s
12 Scheduling Order.
13 6.2. Meet and Confer. The Challenging Party Shall initiate the dispute
14 resolution process under Civil Local Rule 37-1 et seq.
15 6.3. The burden of persuasion in any such challenge proceeding shall be on the
16 Designating Party. Frivolous challenges, and those made for an improper purpose
17 (e.g., to harass or impose unnecessary expenses and burdens on other parties), may
18 expose the Challenging Party to sanctions. Unless the Designating Party has waived or
19 withdrawn the confidentiality designation, all parties shall continue to afford the
20 material in question the level of protection to which it is entitled under the Producing
21 Party’s designation until the Court rules on the challenge.
22 7. ACCESS TO AND USE OF PROTECTED MATERIAL
23 7.1. Basic Principles. A Receiving Party may use Protected Material that is
24 disclosed or produced by another Party or by a Non-Party in connection with this
25 Action only for prosecuting, defending, or attempting to settle this Action. Such
26 Protected Material may be disclosed only to the categories of persons and under the
27 conditions described in this Order. When the Action has been terminated, a Receiving
1 Protected Material must be stored and maintained by a Receiving Party at a location
2 and in a secure manner that ensures that access is limited to the persons authorized
3 under this Order.
4 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
5 ordered by the Court or permitted in writing by the Designating Party, a Receiving
6 Party may disclose any information or item designated “CONFIDENTIAL” only to:
7 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
8 well as employees of said Outside Counsel of Record to whom it is reasonably
9 necessary to disclose the information for this Action;
10 (b) the officers, directors, and employees (including In-House Counsel) of
11 the Receiving Party to whom disclosure is reasonably necessary for this Action;
12 (c) Experts (as defined in this Order) of the Receiving Party to whom
13 disclosure is reasonably necessary for this Action and who have signed the
14 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15 (d) the Court and its personnel;
16 (e) court reporters and their staff;
17 (f) professional jury or trial consultants, mock jurors, and Professional
18 Vendors to whom disclosure is reasonably necessary for this Action and who have
19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
20 (g) the author or recipient of a document containing the information or a
21 custodian or other person who otherwise possessed or knew the information;
22 (h) during their depositions, witnesses, and attorneys for witnesses, in the
23 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
24 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will
25 not be permitted to keep any confidential information unless they sign the
26 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
27 by the Designating Party or ordered by the Court. Pages of transcribed deposition
1 bound by the court reporter and may not be disclosed to anyone except as permitted
2 under this Stipulated Protective Order; and
3 (i) any mediator or settlement officer, and their supporting personnel,
4 mutually agreed upon by any of the parties engaged in settlement discussions or
5 appointed by the Court.
6 7.3. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
7 ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in
8 writing by the Designating Party, a Receiving Party may disclose any information or
9 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only
10 to:
11 (a) the Receiving Party’s Outside Counsel of Record and their employees
12 to whom it is reasonably necessary to disclose the information for this litigation
13 (which, for the avoidance of doubt, does not include the Receiving Party’s In-House
14 Counsel);
15 (b) Experts (as defined in the Order) of the Receiving Party to whom
16 disclosure is reasonably necessary for this litigation and who have signed the
17 “Acknowledgement and Agreement to Be Bound” (Exhibit A);
18 (c) the Court, jury, and court personnel;
19 (d) court reporters and their staff;
20 (e) professional jury or trial consultants, and Professional Vendors to
21 whom disclosure is reasonably necessary for this litigation and who have signed the
22 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (f) the author or recipient of a document containing the information or a
24 custodian or other person who otherwise possessed or knew the information;
25 (g) during their depositions, the Designating Party; and
26 (h) any mediator or settlement officer, and their supporting personnel,
27 who is assigned or mutually agreed to by the parties to hear this matter, subject to
1 their agreement to maintain confidentiality to the same degree as required by this
2 Protective Order unless the mediator is a judicial officer.
3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
4 OTHER LITIGATION
5 If a Party is served with a subpoena or a court order issued in other litigation that
6 compels disclosure of any information or items designated in this Action as
7 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
8 ONLY” that Party must:
9 (a) promptly notify in writing the Designating Party. Such notification
10 shall include a copy of the subpoena or court order unless prohibited by law;
11 (b) promptly notify in writing the party who caused the subpoena or order
12 to 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
16 pursued by the Designating Party whose Protected Material may be affected.
17 If the Designating Party timely seeks a protective order, the Party served
18 with the subpoena or court order shall not produce any information designated in this
19 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
20 EYES ONLY” before a determination by the court from which the subpoena or order
21 issued, unless the Party has obtained the Designating Party’s permission. The
22 Designating Party shall bear the burden and expense of seeking protection in that
23 court of its confidential material, and nothing in these provisions should be construed
24 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful
25 directive from another court.
26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
27 IN THIS LITIGATION
1 9.1. Application. The terms of this Order are applicable to information
2 produced by a Non-Party in this Action and designated as “CONFIDENTIAL” or
3 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information
4 produced by Non-Parties in connection with this litigation is protected by the
5 remedies and relief provided by this Order. Nothing in these provisions should be
6 construed as prohibiting a Non-Party from seeking additional protections.
7 9.2. Notification. In the event that a Party is required, by a valid discovery
8 request, to produce a Non-Party’s confidential information in its possession, and the
9 Party is subject to an agreement with the Non-Party not to produce the Non-Party’s
10 confidential information, then the Party shall:
11 (a) promptly notify in writing the Requesting Party and the Non-Party
12 that some or all of the information requested is subject to a confidentiality agreement
13 with a Non-Party;
14 (b) promptly provide the Non-Party with a copy of the Stipulated
15 Protective Order in this Action, the relevant discovery request(s), and a reasonably
16 specific description of the information requested; and
17 (c) make the information requested available for inspection by the
18 Non-Party, if requested.
19 9.3. Conditions of Production. If the Non-Party fails to seek a protective order
20 from this Court within 21 days of receiving the notice and accompanying information,
21 the Receiving Party may produce the Non-Party’s confidential information responsive
22 to the discovery request. If the Non-Party timely seeks a protective order, the
23 Receiving Party shall not produce any information in its possession or control that is
24 subject to the confidentiality agreement with the Non-Party before a determination by
25 the Court. Absent a court order to the contrary, the Non-Party shall bear the burden
26 and expense of seeking protection in this Court of its Protected Material.
27 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
1 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
2 Protected Material to any person or in any circumstance not authorized under this
3 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
4 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
5 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
6 persons to whom unauthorized disclosures were made of all the terms of this Order,
7 and (d) request such person or persons to execute the “Acknowledgment and
8 Agreement to Be Bound” that is attached hereto as Exhibit A.
9 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
10 PROTECTED MATERIAL
11 When a Producing Party gives notice to Receiving Parties that certain
12 inadvertently produced material is subject to a claim of privilege or other protection,
13 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
14 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
15 may be established in an e-discovery order that provides for production without prior
16 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
17 parties reach an agreement on the effect of disclosure of a communication or
18 information covered by the attorney-client privilege or work product protection, the
19 parties may incorporate their agreement in the stipulated protective order submitted to
20 the Court provided the Court so allows.
21 12. MISCELLANEOUS
22 12.1. Right to Relief. Nothing in this Order abridges the right of any person to
23 seek its modification by the Court in the future.
24 12.2. Right to Assert Other Objections. By stipulating to the entry of this
25 Protective Order, no Party waives any right it otherwise would have to object to
26 disclosing or producing any information or item on any ground not addressed in this
27 Stipulated Protective Order. Similarly, no Party waives any right to object on any
1 12.3. Filing Protected Material. A Party that seeks to file under seal any
2 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
3 only be filed under seal pursuant to a court order authorizing the sealing of the
4 specific Protected Material at issue. If a Party’s request to file Protected Material
5 under seal is denied by the court, then the Receiving Party may file the information in
6 the public record unless otherwise instructed by the court.
7 13. FINAL DISPOSITION
8 After the final disposition of this Action, as defined in Sections 2
9 (DEFINITIONS) and 4 (TRIAL AND DURATION), within 60 days of a written
10 request by the Designating Party, each Receiving Party must return all Protected
11 Material to the Producing Party or destroy such material. As used in this subdivision,
12 “all Protected Material” includes all copies, abstracts, compilations, summaries, and
13 any other format reproducing or capturing any of the Protected Material. Whether the
14 Protected Material is returned or destroyed, the Receiving Party must submit a written
15 certification to the Producing Party (and, if not the same person or entity, to the
16 Designating Party) by the 60 day deadline that (1) identifies (by category, where
17 appropriate) all the Protected Material that was returned or destroyed; and (2) affirms
18 that the Receiving Party has not retained any copies, abstracts, compilations,
19 summaries, or any other format reproducing or capturing any of the Protected
20 Material. Notwithstanding this provision, Counsel are entitled to retain an archival
21 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
22 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
23 work product, and consultant and expert work product, even if such materials contain
24 Protected Material. Any such archival copies that contain or constitute Protected
25 Material remain subject to this Protective Order as set forth in Section 4 (TRIAL
26 AND DURATION).
27 14. VIOLATION
1 Any violation of this Order may be punished by any and all appropriate
2 measures including, without limitation, contempt proceedings and/or monetary
3 sanctions.
4
5
6
7
8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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10 DATED: 10/8/2025 THE LONG LAW GROUP
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/s/ Randy A. Lopez
12 Randy A. Lopez
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Attorneys for Plaintiff Aimee Allison
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DATED: 10/8/2025 FOX ROTHSCHILD LLP
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/s/ David Aronoff
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David Aronoff
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Attorneys for Defendant Terri J. Vaughn
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DATED: 10/8/2025 PRYOR CASHMAN LLP
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22 /s/ Benjamin Akley
Benjamin Akley
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24 Attorneys for Defendant Tyler Vision LLC
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26 DATED: 10/8/2025 PRYOR CASHMAN LLP
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/s/ Benjamin Akley
1 Benjamin Akley
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Attorneys for Defendant Netflix, Inc.
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1 |} FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
3 || Dated: 10/14/2025 By: fe
4 Honorable Jean P. Rosenbluth
5 United States District 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 perjury
5 that I have read in its entirety and understand the Stipulated Protective Order that
was issued by the United States District Court for the Central District of California
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on [date] in the case of Aimee Allison v. Terri J. Vaughn, et al, 25-cv-04476-RGK-
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JPR. I agree to comply with and to be bound by all the terms of this Stipulated
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Protective Order, and I understand and acknowledge that failure to comply could
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expose me to sanctions and punishment in the nature of contempt. I solemnly
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promise that I will not disclose in any manner any information or item that is subject
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to this Stipulated Protective Order to any person or entity except in strict compliance
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with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court
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for the Central District of California for the purpose of enforcing the terms of this
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Stipulated Protective Order, even if such enforcement proceedings occur after
16 termination of this action. I hereby appoint __________________________ [print
17 or type full name] of _______________________________________ [print or type
18 full address and telephone number] as my California agent for service of process in
19 connection with this action or any proceedings related to enforcement of this
20 Stipulated Protective Order.
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22 Date: ___________________________________
23 City and State where sworn and signed: ______________________________
Printed name: _______________________________
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Signature: __________________________________
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