# Edward Licon v. Konica Minolta Business Solutions USA, Inc. > District Court, C.D. California · January 18, 2022 URL: https://www.frixlaw.com/law-library/cases/9978918 ## Case - **Court:** District Court, C.D. California - **Decided:** January 18, 2022 - **Opinion:** 100trialcourt - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9978918 ## Opinion text 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 STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 2 of 21 Page ID #:189 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, 2 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 3 of 21 Page ID #:190 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 STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 4 of 21 Page ID #:191 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, 4 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 5 of 21 Page ID #:192 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, 5 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 6 of 21 Page ID #:193 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 STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 7 of 21 Page ID #:194 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 7 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 8 of 21 Page ID #:195 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 8 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 9 of 21 Page ID #:196 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 9 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 10 of 21 Page ID #:197 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 10 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 11 of 21 Page ID #:198 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 11 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 12 of 21 Page ID #:199 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 12 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 13 of 21 Page ID #:200 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 13 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 14 of 21 Page ID #:201 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: 14 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 15 of 21 Page ID #:202 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 15 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 16 of 21 Page ID #:203 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 16 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 17 of 21 Page ID #:204 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 17 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 18 of 21 Page ID #:205 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 18 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 19 of 21 Page ID #:206 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 27 28 19 Case No: 2:21−cv−04651−AB−JEM STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 20 of 21 Page ID #:207 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 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20 Case No. 8:20-cv-02408-JLS-KES STIPULATED PROTECTIVE ORDER FP 42844884.1 Case 2:21-cv-04651-AB-JEM Document 14 Filed 01/18/22 Page 21 of 21 Page ID #:208 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 21 Case No. 8:20-cv-02408-JLS-KES STIPULATED PROTECTIVE ORDER FP 42844884.1 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9978918. Public record. Not legal advice.