even stipulated protective 2 orders require good cause showing
How later courts described this case
- even stipulated protective 2 orders require good cause showing
Written by the judges who cited it.
The opinion
Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 1 of 21 Page ID #:188
1 THE LAW OFFICE OF OMID NOSRATI
Omid Nosrati, Esq. (SBN 216350)
2 Fahim Rahman, Esq. (SBN 336963)
1801 Century Park East, Suite 840
3 Los Angeles, California 90067
Telephone: (310) 553-5630
4 Facsimile: (310) 553-5691
Email: omid@nosratilaw.com
5 Email: fahim@nosratilaw.com
6 Attorneys for Plaintiff
EDWARD LICON
7
8 Usama Kahf (SBN 266443)
ukahf@fisherphillips.com
9 Kevin Quan (SBN 317798)
kquan@fisherphillips.com
10 FISHER & PHILLIPS LLP
2050 Main Street, Suite 1000
11 Irvine, California 92614
Telephone: (949) 851-2424
12 Facsimile: (949) 851-0152
13 Attorneys for Defendants
KONICA MINOLTA BUSINESS SOLUTIONS
14 U.S.A., INC. and HOWARD DEN HARTOG III
15 UNITED STATES DISTRICT COURT
16 CENTRAL DISTRICT OF CALIFORNIA
17
18 EDWARD LICON, an individual, Case No: 2:21−cv−04651−AB−JEM
19 Plaintiff, Removed from Los Angeles County
Superior Court Case No. 21STCV13199
20 v.
21 KONICA MINOLTA BUSINESS STIPULATED PROTECTIVE ORDER
SOLUTIONS USA, INC., a Foreign
22 Corporation; and HOWARD DEN
HARTOG; an individual; and Complaint Filed: April 7, 2021
23 DOES 1-25, inclusive, Action Removed: June 7, 2021
24 Defendants.
25
26
27
28
1 Case No: 2:21−cv−04651−AB−JEM
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1 STIPULATED PROTECTIVE ORDER
2 1. PURPOSES AND LIMITATIONS
3 Discovery in this Action is likely to involve production of confidential,
4 proprietary or private information for which special protection from public
5 disclosure and from use for any purpose other than prosecuting this litigation
6 may be warranted. Accordingly, the Parties (Plaintiff Edward Licon and
7 Defendants Konica Minolta Business Solutions U.S.A., Inc. and Howard Den
8 Hartog III) hereby stipulate to and petition the Court to enter the following
9 Stipulated Protective Order. The Parties acknowledge that this Order does not
10 confer blanket protections on all disclosures or responses to discovery and that
11 the protection it affords from public disclosure and use extends only to the limited
12 information or items that are entitled to confidential treatment under the applicable
13 legal principles. Further, as set forth in Section 14.3, below, this Protective Order
14 does not entitle the parties to file confidential information under seal. Rather, when
15 the parties seek permission from the court to file material under seal, the parties
16 must comply with Civil Local Rule 79-5 and with any pertinent orders of the
17 assigned District Judge and Magistrate Judge.
18 2. GOOD CAUSE STATEMENT
19 2.1. This Action is likely to involve personnel information and medical
20 records, financial, technical, proprietary, confidential, and/or private information
21 for which special protection from public disclosure, and from use for any purpose
22 other than prosecution of the Action (as defined below), is warranted. Such
23 confidential and proprietary materials and information may include, but are not
24 limited to, confidential business or financial information, information regarding
25 confidential business practices, confidential personnel files and employment-
26 related records of current and former employees (including, but not limited to,
27 information related to the hiring, recruitment, retention, and termination of its
28 current and former employees, as well as information related to their job duties,
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1 assignments, skills, training, performance, discipline, promotions, compensation,
2 benefits, leaves of absence, and medical files), or other confidential commercial
3 information (including information implicating privacy rights of third parties),
4 information otherwise generally unavailable to the public, or which may be
5 privileged or otherwise protected from disclosure under state or federal statutes,
6 court rules, case decisions, or common law.
7 2.2. Accordingly, to expedite the flow of information, to facilitate the
8 prompt resolution of disputes over confidentiality of discovery materials, to
9 adequately protect information the Parties are entitled to keep confidential, to ensure
10 that the Parties are permitted reasonable necessary uses of such material in
11 preparation for and in the conduct of trial, to address their handling at the end of the
12 litigation, and serve the ends of justice, a protective order for such information is
13 justified in this matter. It is the intent of the parties that information will not be
14 designated as confidential for tactical reasons and that nothing be so designated
15 without a good faith belief that it has been maintained in a confidential, non-public
16 manner, and there is good cause why it should not be part of the public record of
17 this case.
18 3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
19 3.1. The Parties further acknowledge, as set forth in Section 14.3, below,
20 that this Stipulated Protective Order does not entitle them to file confidential
21 information under seal; Local Civil Rule 79-5 sets forth the procedures that must
22 be followed and the standards that will be applied when a party seeks permission
23 from the court to file material under seal.
24 3.2. There is a strong presumption that the public has a right of access to
25 judicial proceedings and records in civil cases. In connection with non-dispositive
26 motions, good cause must be shown to support a filing under seal. See Kamakana
27 v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v.
28 Gen. Motors Corp,, 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
3 Case No: 2:21−cv−04651−AB−JEM
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1 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective
2 orders require good cause showing), and a specific showing of good cause or
3 compelling reasons with proper evidentiary support and legal justification, must be
4 made with respect to Protected Material that a party seeks to file under seal. The
5 Parties’ mere designation of Disclosure or Discovery Material as
6 CONFIDENTIAL does not—without the submission of competent evidence by
7 declaration establishing that the material sought to be filed under seal qualifies as
8 confidential, privileged, or otherwise protectable—constitute good cause.
9 3.3. Further, if a Party requests sealing related to a dispositive motion or
10 trial, then compelling reasons, not only good cause, for the sealing must be shown,
11 and the relief sought shall be narrowly tailored to serve the specific interest to be
12 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
13 2010). For each item or type of information, document, or thing sought to be filed or
14 introduced under seal in connection with a dispositive motion or trial, the Party
15 seeking protection must articulate compelling reasons, supported by specific facts
16 and legal justification, for the requested sealing order. Again, competent evidence
17 supporting the application to file documents under seal must be provided by
18 declaration.
19 3.4. Any document that is not confidential, privileged, or otherwise
20 protectable in its entirety will not be filed under seal if the confidential portions can
21 be redacted. If documents can be redacted, then a redacted version for public
22 viewing, omitting only the confidential, privileged, or otherwise protectable
23 portions of the document, shall be filed. Any application that seeks to file
24 documents under seal in their entirety should include an explanation of why
25 redaction is not feasible.
26 4. DEFINITIONS
27 4.1. Action: The instant action styled as Edward Licon v. Konica Minolta
28 Business Solutions U.S.A., Inc., Howard Den Hartog III and DOES 1 through 25,
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1 inclusive, pending before United States District Court for the Central District of
2 California, Case No. 2:21-cv-04651-AB-JEM.
3 4.2. Challenging Party: A Party or Non-Party that challenges the
4 designation of information or items under this Order.
5 4.3. “CONFIDENTIAL” Information or Items: Information (regardless of
6 how it is generated, stored or maintained) or tangible things that qualify for
7 protection under Federal Rule of Civil Procedure 26(c). Any Party or other person
8 providing discovery in this action may designate documents as
9 “CONFIDENTIAL” upon making a good faith determination that the documents
10 contain information protected from disclosure by statute or that should be protected
11 from disclosure as confidential business or personal information, medical or
12 psychiatric information, trade secrets, personnel records, or such other sensitive
13 commercial information that is not publicly available. Public records and
14 documents that are publicly available may not be designated for protection under
15 this Order.
16 4.4. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
17 Information or Items: Extremely sensitive “CONFIDENTIAL” Information or
18 Items, the disclosure of which to another Party or Non-Party would create a
19 substantial risk of serious harm to an individual or to the business or competitive
20 position of the Designating Party.
21 4.5. Counsel: Outside Counsel of Record and In-House Counsel (as well
22 as their support staff).
23 4.6. Designating Party: A Party or Non-Party that designates information
24 or items that it produces in disclosures or in responses to discovery as
25 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
26 ONLY.”
27 4.7. Disclosure or Discovery Material: All items or information, regardless
28 of the medium or manner in which it is generated, stored, or maintained (including,
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1 among other things, testimony, transcripts, and tangible things), that are produced
2 or generated in disclosures or responses to discovery in this matter.
3 4.8. Expert: A person with specialized knowledge or experience in a matter
4 pertinent to the litigation who has been retained by a Party or its counsel to serve
5 as an expert witness or as a consultant in this Action.
6 4.9. In-House Counsel: Attorneys, law clerks, and paralegals who are
7 employees in the legal department of a party to this Action. In-House Counsel does
8 not include Outside Counsel of Record or any other outside counsel.
9 4.10. Non-Party: Any natural person, partnership, corporation, association,
10 or other legal entity not named as a Party to this action.
11 4.11. Outside Counsel of Record: Attorneys who are not employees of a
12 party to this Action but are retained to represent or advise a party to this Action and
13 have appeared in this Action on behalf of that party or are affiliated with a law firm
14 which has appeared on behalf of that party, and includes support staff.
15 4.12. Party: Any party to this Action, including all of its officers, directors,
16 employees, consultants, retained experts, and Outside Counsel of Record (and their
17 support staffs).
18 4.13. Producing Party: A Party or Non-Party that produces Disclosure or
19 Discovery Material in this Action.
20 4.14. Professional Vendors: Persons or entities that provide litigation
21 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
22 demonstrations, and organizing, storing, or retrieving data in any form or medium)
23 and their employees and subcontractors.
24 4.15. Protected Material: Any Disclosure or Discovery Material that is
25 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
26 ATTORNEYS’ EYES ONLY.”
27 4.16. Receiving Party: A Party that receives Disclosure or Discovery
28 Material from a Producing Party.
6 Case No: 2:21−cv−04651−AB−JEM
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1 5. SCOPE
2 The protections conferred by this Stipulation and Order cover not only
3 Protected Material (as defined above), but also (1) any information copied or
4 extracted from Protected Material; (2) all copies, excerpts, summaries, or
5 compilations of Protected Material; and (3) any testimony, conversations, or
6 presentations by Parties or their Counsel that might reveal Protected Material.
7 However, the protections conferred by this Stipulation and Order do not cover the
8 following information: (a) any information that is in the public domain at the time
9 of disclosure to a Receiving Party or becomes part of the public domain after its
10 disclosure to a Receiving Party as a result of publication not involving a violation
11 of this Order, including becoming part of the public record through trial or
12 otherwise; and (b) any information known to the Receiving Party prior to the
13 disclosure or obtained by the Receiving Party after the disclosure from a source
14 who obtained the information lawfully and under no obligation of confidentiality
15 to the Designating Party. Any use of Protected Material at trial shall be governed
16 by the orders of the trial judge. If a party intends to present at trial, hearing or other
17 court proceeding in this case documents designated for protection under this Order,
18 or information derived therefrom, such party shall provide advance notice to the
19 party designating the documents for protection under this Order least five (5) days
20 before the commencement of such proceeding by identifying the documents or
21 information at issue as specifically as possible (i.e., by Bates number, page range,
22 deposition transcript lines, etc.). Upon motion of the party designating the
23 document for protection under this Order, the Court may thereafter make such
24 orders as are necessary to govern the use of such documents or information at a
25 trial, hearing, or other court proceeding in this case.
26 6. DURATION
27 Even after final disposition of this litigation, the confidentiality obligations
28 imposed by this Order shall remain in effect until a Designating Party agrees
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1 otherwise in writing or a court order otherwise directs. Final disposition shall be
2 deemed to be the later of (1) dismissal of all claims and defenses in this action, with
3 or without prejudice; and (2) final judgment herein after the completion and
4 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
5 including the time limits for filing any motions or applications for extension of time
6 pursuant to applicable law.
7 7. DESIGNATING PROTECTED MATERIAL
8 7.1. Exercise of Restraint and Care in Designating Material for Protection.
9 (a) Each Party or Non-Party that designates information or items for
10 protection under this Order must take care to limit any such designation to specific
11 material that qualifies under the appropriate standards. The Designating Party must
12 designate for protection only those parts of material, documents, items or oral or
13 written communications that qualify so that other portions of the material,
14 documents, items or communications for which protection is not warranted are not
15 swept unjustifiably within the ambit of this Order.
16 (b) Mass, indiscriminate or routinized designations are prohibited.
17 Designations that are shown to be clearly unjustified or that have been made for an
18 improper purpose (e.g., to unnecessarily encumber the case development process
19 or to impose unnecessary expenses and burdens on other parties) may expose the
20 Designating Party to sanctions.
21 (c) If it comes to a Designating Party’s attention that information
22 or items that it designated for protection do not qualify for protection, that
23 Designating Party must promptly notify all other Parties that it is withdrawing the
24 inapplicable designation.
25 7.2. Manner and Timing of Designations. Except as otherwise provided in
26 this Order (see, e.g., Sections 7.2(a) and 7.2(b) below), or as otherwise stipulated
27 or ordered, Disclosure or Discovery Material that qualifies for protection under this
28
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1 Order must be clearly so designated before the material is disclosed or produced.
2 Designation in conformity with this Order requires:
3 (a) for information in documentary form (e.g., paper or electronic
4 documents, but excluding transcripts of depositions), that the Producing Party affix
5 at a minimum, the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
6 ATTORNEYS’ EYES ONLY” to each page that contains protected material
7 (except where the Producing Party is producing native electronic files, such as an
8 Excel spreadsheet, in which case the Producing Party shall designate the native file
9 in a written communication to the Receiving Party). If only a portion or portions of
10 the material on a page qualifies for protection, the Producing Party also must clearly
11 identify the protected portion(s) (e.g., by making appropriate markings in the
12 margins).
13 (b) A Party or Non-Party that makes original documents available
14 for inspection need not designate them for protection until after the inspecting Party
15 has indicated which documents it would like copied and produced. During the
16 inspection and before the designation, all of the material made available for
17 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
18 identified the documents it wants copied and produced, the Producing Party must
19 determine which documents, or portions thereof, qualify for protection under this
20 Order. Then, before producing the specified documents, the Producing Party must
21 affix the “CONFIDENTIAL”, or “HIGHLY CONFIDENTIAL – ATTORNEYS’
22 EYES ONLY” legend to each page that contains Protected Material. If only a
23 portion or portions of the material on a page qualifies for protection, the Producing
24 Party also must clearly identify the protected portion(s) (e.g., by making
25 appropriate markings in the margins).
26 (c) for testimony given in depositions, by stipulation read into the
27 record the Parties and/or Non-Party deponent may agree temporarily to designate
28 an entire deposition and the exhibits used therein for protection under this Order
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1 pending receipt and review of the transcript. In such a circumstance, the Parties and
2 Non-Party deponent shall review the transcript within seven (7) days of the receipt
3 thereof and specifically designate the testimony and exhibits that will be protected
4 under this Order. If a trial, hearing, or other court proceeding in this case is
5 scheduled to take place within seven (7) days of a deposition, the deposition
6 testimony will be presumed to be non-confidential for purposes of such proceeding
7 unless the Designating Party makes specific designations in advance of such
8 proceeding. If no such proceeding is scheduled to take place within seven (7) days
9 of a deposition, no Party shall publicly file or quote deposition testimony until
10 seven (7) days have passed since the receipt of a deposition transcript by the Parties,
11 unless (1) the Designating Party has already made specific designations, or (2) the
12 Parties agree that the testimony to be publicly filed or quoted is neither
13 “CONFIDENTIAL” nor “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
14 ONLY.” After seven (7) days, the Parties may publicly file or quote non-designated
15 testimony.
16 (d) for information produced in some form other than documentary
17 and for any other tangible items, that the Producing Party affix in a prominent place
18 on the exterior of the container or containers in which the information is stored the
19 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
20 EYES ONLY.” If only a portion or portions of the information warrants protection,
21 the Producing Party, to the extent practicable, shall identify the protected
22 portion(s).
23 7.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent
24 failure to designate qualified information or items does not, standing alone, waive
25 the Designating Party’s right to secure protection under this Order for such
26 material. Upon timely correction of a designation, the Receiving Party must make
27 reasonable efforts to assure that the material is treated in accordance with the
28 provisions of this Order. This provision is not intended to apply to any inadvertent
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1 production of any information or items protected by attorney-client or work product
2 privileges. No provision in this Order shall affect a Party’s right to object to the
3 designation of any document or other material as “CONFIDENTIAL” on any
4 ground that is available under applicable law.
5 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
6 8.1. Timing of Challenges. Any Party or Non-Party may challenge a
7 designation of confidentiality at any time that is consistent with the Court’s
8 Scheduling Order.
9 8.2. Meet and Confer. The Challenging Party shall initiate the dispute
10 resolution process under Local Rule 37-1 et seq.
11 8.3. Joint Stipulation. Any challenge submitted to the Court shall be via a
12 joint stipulation pursuant to Local Rule 37-2.
13 8.4. The burden of persuasion in any such challenge proceeding shall be
14 on the Designating Party. Frivolous challenges, and those made for an improper
15 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
16 parties) may expose the Challenging Party to sanctions. Unless the Designating
17 Party has waived or withdrawn the confidentiality designation, all parties shall
18 continue to afford the material in question the level of protection to which it is
19 entitled under the Producing Party's designation until the Court rules on the
20 challenge.
21 9. ACCESS TO AND USE OF PROTECTED MATERIAL
22 9.1. Basic Principles. A Receiving Party may use Protected Material that
23 is disclosed or produced by another Party or by a Non-Party in connection with this
24 Action only for prosecuting, defending, or attempting to settle this Action. Such
25 Protected Material may be disclosed only to the categories of persons and under
26 the conditions described in this Order. When the Action has been terminated, a
27 Receiving Party must comply with the provisions of Section 15 below. Protected
28 Material must be stored and maintained by a Receiving Party at a location and in a
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1 secure manner that ensures that access is limited to the persons authorized under
2 this Order.
3 9.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless
4 otherwise ordered by the court or permitted in writing by the Designating Party, a
5 Receiving Party may disclose any information or item designated
6 “CONFIDENTIAL” only to:
7 (a) the Receiving Party’s Outside Counsel of Record in this Action,
8 as 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
11 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for
12 prosecution or defense of this Action;
13 (c) Experts (as defined in this Order) of the Receiving Party to
14 whom disclosure is reasonably necessary for this Action and who have signed the
15 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
16 (d) the court and its personnel;
17 (e) private court reporters and their staff to whom disclosure is
18 reasonably necessary for this Action and who have signed the “Acknowledgment
19 and Agreement to Be Bound” (Exhibit A);
20 (f) professional jury or trial consultants, mock jurors, and
21 Professional Vendors to whom disclosure is reasonably necessary for this Action
22 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
23 A);
24 (g) the author or recipient of a document containing the information
25 or a custodian or other person who otherwise possessed or knew the information;
26 (h) any deposition, proceeding, or hearing witness who previously
27 has had access to the “CONFIDENTIAL” Information or who is currently or was
28 previously an officer, director, employee or agent of an entity that has had access
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1 to the “CONFIDENTIAL” Information;
2 (i) during their depositions, witnesses, and attorneys for witnesses,
3 in the Action to whom disclosure is reasonably necessary provided: (1) the
4 deposing party requests that the witness sign the “Acknowledgment and Agreement
5 to Be Bound” (Exhibit A); and (2) they will not be permitted to keep any
6 confidential information unless they sign the “Acknowledgment and Agreement to
7 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or
8 ordered by the court. Pages of transcribed deposition testimony or exhibits to
9 depositions that reveal Protected Material may be separately bound by the court
10 reporter and may not be disclosed to anyone except as permitted under this
11 Protective Order;
12 (j) any mediator, third party neutral or settlement officer, and their
13 supporting personnel, mutually agreed upon by any of the parties engaged in
14 settlement discussions; and
15 (k) any other person or entity that Designating Party agrees to in
16 writing.
17 9.3. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
18 ONLY” Information or Items. Unless otherwise ordered by the court or permitted
19 in writing by the Designating Party, a Receiving Party may disclose any
20 information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’
21 EYES ONLY” only to:
22 (a) the Receiving Party’s Outside Counsel of Record in this Action,
23 as well as employees of said Outside Counsel of Record to whom it is reasonably
24 necessary to disclose the information for this Action;
25 (b) the Receiving Party’s In-House Counsel;
26 (c) where the Receiving Party is Konica Minolta Business
27 Solutions U.S.A., Inc. (“Konica”), the following employee of Konica to whom
28 disclosure is reasonably necessary for Konica’s Outside Counsel and In-House
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1 Counsel to understand the information contained in the Protected Material
2 (including, for example, to assist counsel in understanding whether the Protected
3 Material contains, incorporates, or is derived from trade secrets or confidential
4 information of Konica): Judy Olivero;
5 (d) Experts (as defined in this Order) of the Receiving Party to
6 whom disclosure is reasonably necessary for prosecution or defense of this Action
7 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
8 A);
9 (e) the Court and its personnel;
10 (f) private court reporters and their staff to whom disclosure is
11 reasonably necessary for this Action and who have signed the “Acknowledgment
12 and Agreement to Be Bound” (Exhibit A);
13 (g) professional jury or trial consultants, mock jurors, and
14 Professional Vendors to whom disclosure is reasonably necessary for this Action
15 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
16 A);
17 (h) the author or recipient of a document containing the information
18 or a custodian or other person who otherwise possessed or knew the information;
19 and
20 (i) any mediator or settlement officer, and their supporting
21 personnel, mutually agreed upon by any of the parties engaged in settlement
22 discussions.
23 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
24 PRODUCED IN OTHER LITIGATION
25 10.1. If a Party is served with a subpoena or a court order issued in other
26 litigation that compels disclosure of any information or items designated in this
27 Action as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
28 EYES ONLY,” that Party must:
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1 (a) promptly notify in writing the Designating Party. Such
2 notification shall include a copy of the subpoena or court order;
3 (b) promptly notify in writing the party who caused the subpoena
4 or order to issue in the other litigation that some or all of the material covered by
5 the subpoena or order is subject to this Protective Order. Such notification shall
6 include a copy of this Stipulated Protective Order; and
7 (c) cooperate with respect to all reasonable procedures sought to
8 be pursued by the Designating Party whose Protected Material may be affected.
9 10.2. If the Designating Party timely seeks a protective order, the Party
10 served with the subpoena or court order shall not produce any information
11 designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
12 – ATTORNEYS’ EYES ONLY,” before a determination by the court from which
13 the subpoena or order issued, unless the Party has obtained the Designating Party's
14 permission. The Designating Party shall bear the burden and expense of seeking
15 protection in that court of its confidential material and nothing in these provisions
16 should be construed as authorizing or encouraging a Receiving Party in this Action
17 to disobey a lawful directive from another court.
18 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
19 PRODUCED IN THIS LITIGATION
20 11.1. The terms of this Order are applicable to information produced by a
21 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
22 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced
23 by Non-Parties in connection with this litigation is protected by the remedies and
24 relief provided by this Order. Nothing in these provisions should be construed as
25 prohibiting a Non-Party from seeking additional protections.
26 11.2. In the event that a Party is required, by a valid discovery request, to
27 produce a Non-Party’s confidential information in its possession, and the Party is
28
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1 subject to an agreement with the Non-Party not to produce the Non-Party’s
2 confidential information, then the Party shall:
3 (a) promptly notify in writing the Requesting Party and the Non-
4 Party that some or all of the information requested is subject to a confidentiality
5 agreement with a Non-Party;
6 (b) promptly provide the Non-Party with a copy of the Protective
7 Order in this Action, the relevant discovery request(s), and a reasonably specific
8 description of the information requested; and
9 (c) make the information requested available for inspection by the
10 Non-Party, if requested.
11 11.3. If a Non-Party represented by counsel fails to commence the process
12 called for by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the
13 notice and accompanying information or fails contemporaneously to notify the
14 Receiving Party that it has done so, the Receiving Party may produce the Non-
15 Party’s confidential information responsive to the discovery request. If an
16 unrepresented Non-Party fails to seek a protective order from this court within 14
17 days of receiving the notice and accompanying information, the Receiving Party
18 may produce the Non-Party’s confidential information responsive to the discovery
19 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
20 not produce any information in its possession or control that is subject to the
21 confidentiality agreement with the Non-Party before a determination by the court
22 unless otherwise required by the law or court order. Absent a court order to the
23 contrary, the Non-Party shall bear the burden and expense of seeking protection in
24 this court of its Protected Material.
25 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
26 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
27 Protected Material to any person or in any circumstance not authorized under this
28 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
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1 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
2 to retrieve all unauthorized copies of the Protected Material, (c) inform the person
3 or persons to whom unauthorized disclosures were made of all the terms of this
4 Order, and (d) request such person or persons to execute the “Acknowledgment and
5 Agreement to Be Bound” that is attached hereto as Exhibit A.
6 13. INADVERTENT PRODUCTION OF PRIVILEGED OR
7 OTHERWISE PROTECTED MATERIAL
8 When a Producing Party gives notice to Receiving Parties that certain
9 inadvertently produced material is subject to a claim of privilege or other
10 protection, the obligations of the Receiving Parties are those set forth in Federal
11 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
12 whatever procedure may be established in an e-discovery order that provides for
13 production without prior privilege review. Pursuant to Federal Rule of Evidence
14 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
15 of a communication or information covered by the attorney-client privilege or work
16 product protection, the parties may incorporate their agreement into this Protective
17 Order.
18 14. MISCELLENEOUS
19 14.1. Right to Further Relief. Nothing in this Order abridges the right of any
20 person to seek its modification by the Court in the future. This Order shall not be
21 construed to preclude either Party from asserting in good faith that certain
22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
23 ONLY” Information or Items require additional protection. The Parties shall meet
24 and confer to agree upon the terms of such additional protection.
25 14.2. Right to Assert Other Objections. By stipulating to the entry of this
26 Protective Order, no Party waives any right it otherwise would have to object to
27 disclosing or producing any information or item on any ground not addressed in this
28
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1 Stipulated Protective Order. Similarly, no Party waives any right to object on any
2 ground to use in evidence of any of the material covered by this Protective Order.
3 14.3. Filing Protected Material. A Party that seeks to file under seal any
4 Protected Material must comply with Local Civil Rule 79-5. Protected Material
5 may only be filed under seal pursuant to a court order authorizing the sealing of the
6 specific Protected Material at issue. If a Party’s request to file Protected Material
7 under seal is denied by the court, then the Receiving Party may file the information
8 in the public record unless otherwise instructed by the court.
9 14.4. Waiver of Designating Party. This Order is entered into without
10 prejudice to the right of any Party to knowingly waive the applicability of this Order
11 to any “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
12 EYES ONLY” Information or Items designated by that Party.
13 14.5. Previously Produced Documents. The Parties agree to be bound by the
14 terms set forth herein with regard to any “CONFIDENTIAL” or “HIGHLY
15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information or items that have
16 been produced before the Court signs this Order. In the event that the Court
17 modifies this Order, or in the event that the Court enters a different Protective
18 Order, the Parties agree to be bound by this Order until such time as the Court may
19 enter such a different Order.
20 15. FINAL DISPOSITION
21 Within 60 days after the final disposition of this Action, as defined in
22 paragraph 4, and only upon written request by the Designating Party, each
23 Receiving Party must return all Protected Material to the Producing Party or destroy
24 such material no later than 60 days after Designating Party’s written request. As
25 used in this subdivision, “all Protected Material” includes all copies, abstracts,
26 compilations, summaries, and any other format reproducing or capturing any of the
27 Protected Material. Whether the Protected Material is returned or destroyed, the
28 Receiving Party must submit a written certification to the Producing Party (and, if
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1 not the same person or entity, to the Designating Party) by the 60-day deadline that
2 (1) identifies (by category, where appropriate) all the Protected Material that was
3 returned or destroyed and (2) affirms that the Receiving Party has not retained any
4 copies, abstracts, compilations, summaries or any other format reproducing or
5 capturing any of the Protected Material. Notwithstanding this provision, Counsel
6 are entitled to retain an archival copy of all pleadings, motion papers, trial,
7 deposition, and hearing transcripts, legal memoranda, correspondence, deposition
8 and trial exhibits, expert reports, attorney work product, and consultant and expert
9 work product, even if such materials contain Protected Material. Any such archival
10 copies that contain or constitute Protected Material remain subject to this Protective
11 Order as set forth in paragraph 4 (DURATION). To the extent permitted by law,
12 the Court shall retain jurisdiction to enforce, modify, or reconsider this Order, even
13 after final disposition of the Action.
14 16. VIOLATION
15 Any violation of this Order may be punished by any and all appropriate
16 measures including, without limitation, contempt proceedings and/or monetary
17 sanctions.
18 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
19
20 Date: January 14, 2022 FISHER & PHILLIPS LLP
21
By: /s/ Kevin L. Quan
22 Usama Kahf
Kevin L. Quan
23 Attorneys for Defendants
KONICA MINOLTA BUSINESS
24 SOLUTIONS U.S.A., INC. and
HOWARD DEN HARTOG III
25
26
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1 Date: January 14, 2022 LAW OFFICES OF OMID NOSRATI
2
3
By: /s/ Omid Nosrati
4 Omid Nosrati, Esq.
Fahim Rahman, Esq.
5 Attorney for Plaintiff
EDWARD LICON
6
7
8 IT IS ORDERED that the forgoing Agreement is approved.
9
10 Dated: _J_a_n_u_a_r_y_ 1_8___, 2022 __________________________________
The Hon. John E. McDermott
11
UNITED STATES MAGISTRATE
12 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
6 was issued by the United States District Court for the Central District of California
7 on _________[date] in the case of Edward Licon v. Konica Minolta Business
8 Solutions U.S.A., Inc., et al. C.D. Cal. Case No. 2:21-cv-04651-AB-JEM. I agree
9 to comply with and to be bound by all the terms of this Stipulated Protective Order
10 and I 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 Stipulated
13 Protective Order to any person or entity except in strict compliance with the
14 provisions of this Order. I further agree to submit to the jurisdiction of the United
15 States District Court for the Central District of California for the purpose of
16 enforcing the terms of this Stipulated Protective Order, even if such enforcement
17 proceedings occur after termination of this action. I hereby appoint
18 _______________________________ [print or type full name] of
19 ______________________________________________________ [print or type
20 full address and telephone number] as my California agent for service of process
21 in connection with this Action or any proceedings related to enforcement of this
22 Stipulated Protective Order.
23
24 Date: __________
25 City and State where sworn and signed: _________________________________
26
27 Printed name: __________________ Signature: __________________________
28
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