even stipulated protective orders 17 ||require good cause showing
How later courts described this case
- even stipulated protective orders 17 ||require good cause showing
Written by the judges who cited it.
The opinion
Case 9:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 1of16 Page ID #:513
10
11 UNITED STATES DISTRICT COURT
12 CENTRAL DISTRICT OF CALIFORNIA
13 WESTERN DIVISION
14
15 || BOOST BEAUTY, LLC, a California Case No. 2:18-cv-02960-CAS-E
limited liability company,
16 Plaintiff {SED )| STIPULATED
17 PROTECTIVE ORDER
Vv.
18
WOO SIGNATURES, LLC, a [DISCOVERY MATTER]
19 || California limited liability company;
TADEH BOOGHOSIA SSARDABIL,
49 || an individual; FARSHID KARAMZAD
GOFLSAZ, an individual; ARASH
91 || SEDIGHI, an individual; and DOES 1
through 10, inclusive,
22
Defendants.
23
24
25
26
27
28
[PROPOSED] STIPULATED PROTECTIVE ORDER
Case :18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 2 0f16 Page ID #:514
1 ||1. A. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 || proprietary or private information for which special protection from public
4 || disclosure and from use for any purpose other than prosecuting this litigation may
5 |\be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6 || enter the following Stipulated Protective Order. The parties acknowledge that this
7 || Order does not confer blanket protections on all disclosures or responses to
8 || discovery and that the protection it affords from public disclosure and use extends
9 || only to the limited information or items that are entitled to confidential treatment
10 || under the applicable legal principles.
11 B. GOOD CAUSE STATEMENT
12 This action is likely to involve trade secrets, customer and pricing lists and
13 || other valuable research, development, commercial, financial, technical and/or
14 || proprietary information for which special protection from public disclosure and
15 || from use for any purpose other than prosecution of this action is warranted. Such
16 || confidential and proprietary materials and information consist of, among other
17 || things, confidential business or financial information, information regarding
18 || confidential business practices, or other confidential research, development, or
19 || commercial information (including information implicating privacy rights of third
20 || parties), information otherwise generally unavailable to the public, or which may be
21 || privileged or otherwise protected from disclosure under state or federal statutes,
22 || court rules, case decisions, or common law. Accordingly, to expedite the flow of
23 || information, to facilitate the prompt resolution of disputes over confidentiality of
24 || discovery materials, to adequately protect information the parties are entitled to keep
25 || confidential, to ensure that the parties are permitted reasonable necessary uses of
26 || such material in preparation for and in the conduct of trial, to address their handling
97 || at the end of the litigation, and serve the ends of justice, a protective order for such
28 || information is justified in this matter. It is the intent of the parties that information
anon siipULaTib PROTEGHIVEORDER
Case :18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 3 of 16 Page ID #:515
1 || will not be designated as confidential for tactical reasons and that nothing be so
2 ||designated without a good faith belief that it has been maintained in a confidential,
3 || non-public manner, and there is good cause why it should not be part of the public
4 |\record of this case.
5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
6 The parties further acknowledge, as set forth in Section 12.3, below, that this
7 || Stipulated Protective Order does not entitle them to file confidential information
g |l under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
9 || and the standards that will be applied when a party seeks permission from the court
10 ||to file material under seal.
11 There is a strong presumption that the public has a right of access to judicial
12 || proceedings and records in civil cases. In connection with non-dispositive motions,
13 || good cause must be shown to support a filing under seal. See Kamakana v. City and
14 || County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
15 || Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
16 ||Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
17 ||require good cause showing), and a specific showing of good cause or compelling
18 ||reasons with proper evidentiary support and legal justification, must be made with
19 □□ respect to Protected Material that a party seeks to file under seal. The parties’ mere
20 || designation of Disclosure or Discovery Material as CONFIDENTIAL does not—
1 || without the submission of competent evidence by declaration, establishing that the
22 || material sought to be filed under seal qualifies as confidential, privileged, or
23 || otherwise protectable—constitute good cause.
24 Further, if a party requests sealing related to a dispositive motion or trial, then
25 || compelling reasons, not only good cause, for the sealing must be shown, and the
26 relief sought shall be narrowly tailored to serve the specific interest to be protected.
97 || See Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
28 |leach item or type of information, document, or thing sought to be filed or introduced
as SIPULATID PROTECTIVEORDER SSCS
Case }:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 4of16 Page ID #:516
1 || under seal in connection with a dispositive motion or trial, the party seeking
2 || protection must articulate compelling reasons, supported by specific facts and legal
3 || justification, for the requested sealing order. Again, competent evidence supporting
4 ||the application to file documents under seal must be provided by declaration.
5 Any document that is not confidential, privileged, or otherwise protectable in
6 |lits entirety will not be filed under seal if the confidential portions can be redacted.
7 |\1f documents can be redacted, then a redacted version for public viewing, omitting
8 || only the confidential, privileged, or otherwise protectable portions of the document,
9 || shall be filed. Any application that seeks to file documents under seal in their
10 □□ entirety should include an explanation of why redaction is not feasible.
11 ||2. DEFINITIONS
12 2.1 Action: this pending federal lawsuit, Boost Beauty, LLC v. Woo
13 || Signatures, LLC et al., C.D. Cal. Case No. 2:18-cv-02960-CAS-E.
14 2.2 Challenging Party: a Party or Non-Party that challenges the
15 || designation of information or items under this Order.
16 23 “CONFIDENTIAL” Information or Items: information (regardless of
17 ||how it is generated, stored or maintained) or tangible things that qualify for
18 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in
19 || the Good Cause Statement.
20 24 “HIGHLY CONFIDENTIAL — Attorneys’ Eyes Only” Information or
21 ||Items: Information (regardless of how it is generated, stored or maintained) or
22 |\tangible things that qualify for protection under Federal Rule of Civil Procedure
23 ||26(c), and as specified above in the Good Cause Statement. This designation is
4 || limited to material that is so commercially sensitive that a party would be at a severe
5 || economic disadvantage if its competitors were able to review the material. Examples
26 ||of HIGHLY CONFIDENTIAL -— Attorneys’ Eyes Only material include, but are not
97 || limited to, customer lists and trade secrets.
28
[PROPOSED] STIPULATED PROTECTIVE ORDER
Case 9:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page5of16 Page ID #:517
1 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as
2 their support staff).
3 2.6 Designating Party: a Party or Non-Party that designates information or
4 || items that it produces in disclosures or in responses to discovery as
5 “CONFIDENTIAL.”
6 2.7 Disclosure or Discovery Material: all items or information, regardless
7 \lof the medium or manner in which it is generated, stored, or maintained (including,
8 ||among other things, testimony, transcripts, and tangible things), that are produced or
9 || generated in disclosures or responses to discovery in this matter.
10 2.8 Expert: a person with specialized knowledge or experience in a matter
11 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
12 ||an expert witness or as a consultant in this Action.
13 2.9 House Counsel: attorneys who are employees of a party to this Action.
14 || House Counsel does not include Outside Counsel of Record or any other outside
15 |}counsel.
16 2.10 Non-Party: any natural person, partnership, corporation, association or
17 || other legal entity not named as a Party to this action.
18 2.11 Outside Counsel of Record: attorneys who are not employees of a
19 || party to this Action but are retained to represent or advise a party to this Action and
20 ||have appeared in this Action on behalf of that party or are affiliated with a law firm
21 || that has appeared on behalf of that party, and includes support staff.
22 2.12 Party: any party to this Action, including all of its officers, directors,
23 employees, consultants, retained experts, and Outside Counsel of Record (and their
24 ||support staffs).
25 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
26 || Discovery Material in this Action.
27 2.14 Professional Vendors: persons or entities that provide litigation
28 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or
ORDER
Case :18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 6of16 Page ID #:518
1 ||demonstrations, and organizing, storing, or retrieving data in any form or medium)
2 || and their employees and subcontractors.
3 2.15 Protected Material: any Disclosure or Discovery Material that is
4 || designated as “CONFIDENTIAL.”
5 2.16 Receiving Party: a Party that receives Disclosure or Discovery
6 || Material from a Producing Party.
7 ||3. SCOPE
8 The protections conferred by this Stipulation and Order cover not only
9 || Protected Material (as defined above), but also (1) any information copied or
10 || extracted from Protected Material; (2) all copies, excerpts, summaries, or
11 ||compilations of Protected Material; and (3) any testimony, conversations, or
12 || presentations by Parties or their Counsel that might reveal Protected Material.
13 || Any use of Protected Material at trial shall be governed by the orders of the trial
14 ||judge. This Order does not govern the use of Protected Material at trial.
15 |/4. DURATION
16 FINAL DISPOSITION of the action is defined as the conclusion of any
17 || appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal
18 ||has run. Except as set forth below, the terms of this protective order apply through
19 || FINAL DISPOSITION of the action. The parties may stipulate that the they will be
20 || contractually bound by the terms of this agreement beyond FINAL DISPOSITION,
21 || but will have to file a separate action for enforcement of the agreement once all
22 || proceedings in this case are complete.
23 Once a case proceeds to trial, information that was designated as
94 || CONFIDENTIAL or maintained pursuant to this protective order used or introduced
95 \\as an exhibit at trial becomes public and will be presumptively available to all
26 |\members of the public, including the press, unless compelling reasons supported by
27 || specific factual findings to proceed otherwise are made to the trial judge in advance
98 |l of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”
ap PROTECTIVEORDER
Y:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 7 of 16 Page ID #:519
1 |) showing for sealing documents produced in discovery from “compelling reasons”
2 || standard when merits-related documents are part of court record). Accordingly, for
3 ||such materials, the terms of this protective order do not extend beyond the
4 ||commencement of the trial.
5115. | DESIGNATING PROTECTED MATERIAL
6 5.1 Exercise of Restraint and Care in Designating Material for Protection.
7 ||Each Party or Non-Party that designates information or items for protection under
g ||this Order must take care to limit any such designation to specific material that
9 || qualifies under the appropriate standards. The Designating Party must designate for
10 || protection only those parts of material, documents, items or oral or written
11 ||communications that qualify so that other portions of the material, documents, items
12 |}or communications for which protection is not warranted are not swept unjustifiably
13 || within the ambit of this Order.
14 Mass, indiscriminate or routinized designations are prohibited. Designations
15 ||that are shown to be clearly unjustified or that have been made for an improper
16 || purpose (e.g., to unnecessarily encumber the case development process or to impose
17 || unnecessary expenses and burdens on other parties) may expose the Designating
18 || Party to sanctions.
19 If it comes to a Designating Party’s attention that information or items that it
20 || designated for protection do not qualify for protection, that Designating Party must
21 || promptly notify all other Parties that it is withdrawing the inapplicable designation.
22 5.2 Manner and Timing of Designations. Except as otherwise provided in
23 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
24 ||stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
25 |l under this Order must be clearly so designated before the material is disclosed or
26 || produced.
27 Designation in conformity with this Order requires:
28
(PROPOSED] STIPULATED PROTECTIVE ORDER
Case #:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 8 of 16 Page ID #:520
1 (a) for information in documentary form (e.g., paper or electronic documents,
2 || but excluding transcripts of depositions or other pretrial or trial proceedings), that
3 □□ □□□ Producing Party affix at a minimum, the legend “CONFIDENTIAL” or
4 ||“HIGHLY CONFIDENTIAL — Attorneys’ Eyes Only,” to each page that contains
5 || protected material. If only a portion of the material on a page qualifies for
6 || protection, the Producing Party also must clearly identify the protected portion(s)
7 |\(e.g., by making appropriate markings in the margins).
8 A Party or Non-Party that makes original documents available for inspection
9 ||need not designate them for protection until after the inspecting Party has indicated
10 |} which documents it would like copied and produced. During the inspection and
11 || before the designation, all of the material made available for inspection shall be
12 ||\deemed “CONFIDENTIAL .” After the inspecting Party has identified the
13 documents it wants copied and produced, the Producing Party must determine which
14 ||}documents, or portions thereof, qualify for protection under this Order. Then,
15 || before producing the specified documents, the Producing Party must affix the
16 ||“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — Attorneys’ Eyes Only”
17 || legend to each page that contains Protected Material. If only a portion of the
18 || material on a page qualifies for protection, the Producing Party also must clearly
19 || identify the protected portion(s) (e.g., by making appropriate markings in the
20 margins).
21 (b) for testimony given in depositions that the Designating Party identifies
22 ||the Disclosure or Discovery Material on the record, before the close of the
23 || deposition all protected testimony.
24 (c) for information produced in some form other than documentary and for
25 ||any other tangible items, that the Producing Party affix in a prominent place on the
26 || exterior of the container or containers in which the information is stored the legend
27 ||““CONFIDENTIAL” or HIGHLY CONFIDENTIAL - Attorneys’ Eyes Only.” If
28
OD ADHCENTOTIDITDATEN DDATESCTIVE NDRPRFD
:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 90f16 Page ID #:521
1 || only a portion or portions of the information warrants protection, the Producing
2 || Party, to the extent practicable, shall identify the protected portion(s).
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
5 ||the 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 assure that the material is treated in accordance with the provisions of this
8 || Order.
91/6. 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 Local Rule 37.1 et seq.
15 6.3. The burden of persuasion in any such challenge proceeding shall be on
16 ||the Designating Party. Frivolous challenges, and those made for an improper
17 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other
18 || parties) may expose the Challenging Party to sanctions. Unless the Designating
19 || Party has waived or withdrawn the confidentiality designation, all parties shall
20 ||continue to afford the material in question the level of protection to which it is
21 |/entitled under the Producing Party’s designation until the Court rules on the
22 || challenge.
23 117. ACCESS TO AND USE OF PROTECTED MATERIAL
24 7.1 Basic Principles. A Receiving Party may use Protected Material that is
25 || disclosed or produced by another Party or by a Non-Party in connection with this
26 |} Action only for prosecuting, defending or attempting to settle this Action. Such
27 || Protected Material may be disclosed only to the categories of persons and under the
28 || conditions described in this Order. When the Action has been terminated, a
Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 10o0f16 Page ID #:522
1 |}Receiving Party must comply with the provisions of section 13 below (FINAL
2 || DISPOSITION).
3 Protected Material must be stored and maintained by a Receiving Party at a
4 || location and in a secure manner that ensures that access is limited to the persons
5 || authorized under this Order.
6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
7 || otherwise ordered by the court or permitted in writing by the Designating Party, a
8 || Receiving Party may disclose any information or item designated
9 ||“CONFIDENTIAL” only to:
10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
11 || well as employees of said Outside Counsel of Record to whom it is reasonably
12 ||necessary to disclose the information for this Action;
13 (b) the officers, directors, and employees (including House Counsel) of
14 ||the Receiving Party to whom disclosure is reasonably necessary for this Action;
15 (c) Experts (as defined in this Order) of the Receiving Party to whom
16 || disclosure is reasonably necessary for this Action and who have signed the
17 ||“Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (d) the court and its personnel;
19 (e) court reporters and their staff;
20 (f) professional jury or trial consultants, mock jurors, and Professional
21 || Vendors to whom disclosure is reasonably necessary for this Action and who have
22 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (g) the author or recipient of a document containing the information or
24 ||a custodian or other person who otherwise possessed or knew the information;
25 (h) during their depositions, witnesses, and attorneys for witnesses, in
26 |\the Action to whom disclosure is reasonably necessary provided: (1) the deposing
27 || party requests that the witness sign the form attached as Exhibit A hereto; and (2)
28 they will not be permitted to keep any confidential information unless they sign the
Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 110f16 Page ID #:523
1 ||““Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
2 j;/agreed by the Designating Party or ordered by the court. Pages of transcribed
3 || deposition testimony or exhibits to depositions that reveal Protected Material may
4 || be separately bound by the court reporter and may not be disclosed to anyone except
5 ||as permitted under this Stipulated Protective Order; and
6 (i) any mediator or settlement officer, and their supporting personnel,
7 ||mutually agreed upon by any of the parties engaged in settlement discussions.
8 7.3. Disclosure of “HIGHLY CONFIDENTIAL — Attorneys’ Eyes Only”
9 || Information or Items. Unless otherwise ordered by the court or permitted in writing
10 || by the Designating Party, a Receiving Party may disclose any information or item
11 || designated “HIGHLY CONFIDENTIAL - Attorneys’ Eyes Only” only to:
12 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
13 || well as employees of said Outside Counsel of Record to whom it is reasonably
14 ||necessary to disclose the information for this Action;
15 (b) Experts (as defined in this Order) of the Receiving Party to whom
16 || disclosure is reasonably necessary for this Action and who have signed the
17 ||“Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (c) the court and its personnel;
19 (d) court reporters and their staff;
20 (e) professional jury or trial consultants, mock jurors, and Professional
21 || Vendors to whom disclosure is reasonably necessary for this Action and who have
22 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (f) the author or recipient of a document containing the information or
24 ||a custodian or other person who otherwise possessed or knew the information;
25 (g) during their depositions, witnesses, and attorneys for witnesses, in
26 ||the Action to whom disclosure is reasonably necessary provided: (1) the deposing
27 || party requests that the witness sign the form attached as Exhibit A hereto; and (2)
28 || they will not be permitted to keep any confidential information unless they sign the
Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page of16 Page ID #:524
1 || ‘Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
2 ||agreed by the Designating Party or ordered by the court. Pages of transcribed
3 || deposition testimony or exhibits to depositions that reveal Protected Material may
4 || be separately bound by the court reporter and may not be disclosed to anyone except
5 || as permitted under this Stipulated Protective Order; and
6 (h) any mediator or settlement officer, and their supporting personnel,
7 || mutually agreed upon by any of the parties engaged in settlement discussions.
8 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
9 IN OTHER LITIGATION
10 If a Party is served with a subpoena or a court order issued in other litigation
11 ||that compels disclosure of any information or items designated in this Action as
12 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ~ Attorneys’ Eyes Only,” that
13 || Party must:
14 (a) promptly notify in writing the Designating Party. Such notification
15 || shall include a copy of the subpoena or court order;
16 (b) promptly notify in writing the party who caused the subpoena or
17 || order to issue in the other litigation that some or all of the material covered by the
18 || subpoena or order is subject to this Protective Order. Such notification shall include
19 ||a copy of this Stipulated Protective Order; and
20 (c) cooperate with respect to all reasonable procedures sought to be
21 || pursued by the Designating Party whose Protected Material may be affected.
22 If the Designating Party timely seeks a protective order, the Party served with
23 subpoena or court order shall not produce any information designated in this
24 || action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — Attorneys’ Eyes
25 || Only” before a determination by the court from which the subpoena or order issued,
26 || unless the Party has obtained the Designating Party’s permission. The Designating
27 || Party shall bear the burden and expense of seeking protection in that court of its
28 || confidential material and nothing in these provisions should be construed as
esse CCC—'?
Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 13 of 16 Page ID #:525
1 || authorizing or encouraging a Receiving Party in this Action to disobey a lawful
2 || directive from another court.
31/9. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
4 PRODUCED IN THIS LITIGATION
5 (a) The terms of this Order are applicable to information produced by a Non-
6 || Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
7 || CONFIDENTIAL - Attorneys’ Eyes Only/” Such information produced by Non-
8 || Parties in connection with this litigation is protected by the remedies and relief
9 || provided by this Order. Nothing in these provisions should be construed as
10 || prohibiting a Non-Party from seeking additional protections.
11 (b) In the event that a Party is required, by a valid discovery request, to
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
14 || confidential information, then the Party shall:
15 (1) promptly notify in writing the Requesting Party and the Non-Party
16 || that some or all of the information requested is subject to a confidentiality
17 || agreement with a Non-Party;
18 (2) promptly provide the Non-Party with a copy of the Stipulated
19 || Protective Order in this Action, the relevant discovery request(s), and a reasonably
20 || specific description of the information requested; and
21 (3) make the information requested available for inspection by the
22 || Non-Party, if requested.
23 (c) If the Non-Party fails to seek a protective order from this court within 14
24 || days of receiving the notice and accompanying information, the Receiving Party
25 ||may produce the Non-Party’s confidential information responsive to the discovery
26 ||request. If the Non-Party timely seeks a protective order, the Receiving Party shall
27 ||not produce any information in its possession or control that is subject to the
28 || confidentiality agreement with the Non-Party before a determination by the court.
ET
Case 18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 140f16 Page ID #:526
1 |] Absent a court order to the contrary, the Non-Party shall bear the burden and
2 ||expense of seeking protection in this court of its Protected Material.
3 1/10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
5 Protected Material to any person or in any circumstance not authorized under this
6 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in
7 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
8 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
9 || persons to whom unauthorized disclosures were made of all the terms of this Order,
10 || and (d) request such person or persons to execute the “Acknowledgment and
11 |] Agreement to Be Bound” that is attached hereto as Exhibit A.
12 |}11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
13 PROTECTED MATERIAL
14 When a Producing Party gives notice to Receiving Parties that certain
15 |/inadvertently produced material is subject to a claim of privilege or other protection,
16 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
17 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever
18 || procedure may be established in an e-discovery order that provides for production
19 || without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
20 ||(e), insofar as the parties reach an agreement on the effect of disclosure of a
21 ||communication or information covered by the attorney-client privilege or work
22 || product protection, the parties may incorporate their agreement in the stipulated
23 || protective order submitted to the court.
24 }}12. MISCELLANEOUS
25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
26 || person to seek its modification by the Court in the future.
27 12.2 Right to Assert Other Objections. By stipulating to the entry of this
28 || Protective Order, no Party waives any right it otherwise would have to object to
=H
4|18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 15 of 16 Page ID #:527
1 || disclosing or producing any information or item on any ground not addressed in this
2 || Stipulated Protective Order. Similarly, no Party waives any right to object on any
3 || ground to use in evidence of any of the material covered by this Protective Order.
4 12.3 Filing Protected Material. A Party that seeks to file under seal any
5 || Protected Material must comply with Local Civil Rule 79-5. Protected Material
6 ||may only be filed under seal pursuant to a court order authorizing the sealing of the
7 ||specific Protected Material at issue. If a Party’s request to file Protected Material
8 || under seal is denied by the court, then the Receiving Party may file the information
9 |/in the public record unless otherwise instructed by the court.
10 ||13. FINAL DISPOSITION
11 After the final disposition of this Action, as defined in paragraph 4, within 60
12 || days of a written request by the Designating Party, each Receiving Party must return
13 || all Protected Material to the Producing Party or destroy such material. As used in
14 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
15 |;summaries, and any other format reproducing or capturing any of the Protected
16 || Material. Whether the Protected Material is returned or destroyed, the Receiving
17 || Party must submit a written certification to the Producing Party (and, if not the same
18 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
19 || (by category, where appropriate) all the Protected Material that was returned or
20 || destroyed and (2) affirms that the Receiving Party has not retained any copies,
21 || abstracts, compilations, summaries or any other format reproducing or capturing any
22 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to
23 □□ retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
24 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
25 reports, attorney work product, and consultant and expert work product, even if such
26 || materials contain Protected Material. Any such archival copies that contain or
27 || constitute Protected Material remain subject to this Protective Order as set forth in
28 || Section 4 (DURATION).
____
Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 16 of 16 Page ID #:528
114. VIOLATION
2 Any violation of this Order may be punished by appropriate measures
3 |/including, without limitation, contempt proceedings and/or monetary sanctions.
5 For good cause shown, and pursuant to the Parties’ Stipulation, IT IS SO
6 |} ORDERED.
: 127/67
Date: S/27/7 ZLZAELL>
10 . Hon. Charles F. Eick
United States Magistrate Judge
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24
25
26
27
28
16
IPROPOCEN] STIPLTATED PROTECTIVE ORDER