distinguishing “good cause” showing for 10 || sealing documents produced in discovery from “compelling reasons” 11 ||standard when merits-related documents are part of court record
How later courts described this case
- distinguishing “good cause” showing for 10 || sealing documents produced in discovery from “compelling reasons” 11 ||standard when merits-related documents are part of court record
- even stipulated protective orders require good 23 ||cause showing
Written by the judges who cited it.
The opinion
Case 2|/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Pagelof21 Page ID #:303
1 || Kirk Pasich (SBN 94242)
KPasich@PasichLLP.com
2 Pamela Woods (SBN 101520)
PWoods@PasichLLP.com
3 || Christopher Pasich (SBN 299191)
4 CPasich@PasichLLP.com
Caitlin S. Oswald (SBN 330974)
5, || COswald@PasichLLP.com
PASICH LLP
6 || 10880 Wilshire Boulevard, Suite 2000
Los Angeles, California 90024
7 || Telephone: 313-7860
8 Facsimile: (424) 313-7890
9 || Attorneys for Plaintiff
10
11 UNITED STATES DISTRICT COURT
re 12 CENTRAL DISTRICT OF CALIFORNIA
C) 13 || VIACOMCBS INC., a Delaware Case No. 2:21-cv-00400-ODW-
1 corporation, AFM
wy 15 Plaintiff,
STIPULATED PROTECTIVE
Os 16 V. ORDER
17 || GREAT DIVIDE INSURANCE
18 || COMPANY, a North Dakota
corporation,
19
Defendant.
20
91 | AND RELATED COUNTERCLAIM
22
23
24/1. PURPOSES AND LIMITATIONS
25 Discovery in this action is likely to involve production of
26 || confidential, proprietary and/or private or personal information for which
27 □□ special protection from public disclosure and from use for any purpose
28 other than prosecuting this litigation is warranted.
STIPULATED PROTECTIVE ORDER
Case 2|/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page 2of21 Page ID #:304
1 Accordingly, the parties hereby stipulate to and petition the Court
2. ||to enter the following Stipulated Protective Order. The parties
3 ||acknowledge that this Order does not confer blanket protections on all
4 || disclosures or responses to discovery and that the protection it affords
5 ||from public disclosure and use extends only to the limited information or
6 ||items that are entitled to confidential treatment under the applicable
7 || legal principles.
8|/2. GOOD CAUSE STATEMENT
9 This Action is likely to involve discovery of confidential,
10 || proprietary, and/or sensitive private or personal information for which
11 || special protection from public disclosure and from use for any purpose
12 || other than prosecuting this action is warranted.
Oo 13 Such confidential, proprietary, and sensitive materials and
-— 14|/information consist of, among other things, confidential business or
x 15 || financial information, information regarding confidential business
Os 16]! practices, or other confidential commercial information, sensitive
17 || personal information (including information implicating privacy rights of
18 third parties), information otherwise generally unavailable to the public,
19 ||or information which may be privileged or otherwise protected from
20 || disclosure under state or federal statutes, court rules, case decisions, or
21 |}common law.
22 Accordingly, to expedite the flow of information, to facilitate the
23 || prompt resolution of disputes over the confidentiality of discovery
24 || materials, to adequately protect information the parties are entitled to
25 || keep confidential, to ensure that the parties are permitted reasonable
26 || necessary uses of such material in preparation for and in the conduct of
27 || trial, to address their handling at the end of the litigation, and serve the
28 || ends of justice, a protective order for such information is justified in this
—_———saporaTep PROTECTIVE ORDER
Case 2|/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page3of21 Page ID #:305
1 ||matter. It is the intent of the parties that information will not be
2 || designated as confidential for tactical reasons and that nothing be so
3 || designated without a good faith belief that it has been maintained in a
4 || confidential, non-public manner, and there is good cause why it should
5 ||not be part of the public record of this case. Neither party has yet agreed
6 ||that any particular document or type of document is subject to protection
7 || hereunder and each reserves all rights to object to a designation.
8|/3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING
9 UNDER SEAL
10 The parties further acknowledge, as set forth in Section 12.3,
11 || below, that this Stipulated Protective Order does not entitle them to file
re 12 || confidential information under seal; Local Civil Rule 79-5 sets forth the
Oo 13 || procedures that must be followed and the standards that will be applied
-— 14|/when a party seeks permission from the Court to file material under
x 15 || seal.
Os 16 There is a strong presumption that the public has a right of access
17 || to judicial proceedings and records in civil cases. In connection with non-
18 || dispositive motions, good cause must be shown to support a filing under
19 ||seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172,
20 || 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-
21 || 11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576,
22 ||577 (E.D. Wis. 1999) (even stipulated protective orders require good
23 ||cause showing). Furthermore, a specific showing of good cause or
24 ||compelling reasons with proper evidentiary support and legal
25 || justification, must be made with respect to Protected Material (defined
26 || below) that a party seeks to file under seal. The parties’ mere
27 || designation of Disclosure or Discovery Material as CONFIDENTIAL or
28 || HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY does not—
—_————saporaTap PROTECT ORDER
Case 2|/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page4of21 Page ID #:306
1 || without the submission of competent evidence by declaration,
2 || establishing that the material sought to be filed under seal qualifies as
3 ||confidential, privileged, or otherwise protectable—constitute good cause.
4 Further, if a party requests sealing related to a dispositive motion
5 |lor trial, then compelling reasons, not only good cause, for the sealing
6 ||must be shown, and the relief sought shall be narrowly tailored to serve
7 □□ □□□ specific interest to be protected. See Pintos v. Pacific Creditors Ass‘n,
8 ||605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of
9 ||information, document, or thing sought to be filed or introduced under
10 || seal in connection with a dispositive motion or trial, the party seeking
11 || protection must articulate compelling reasons, supported by specific facts
re 12 || and legal justification, for the requested sealing order. Again, competent
Oo 13 || evidence supporting the application to file documents under seal must be
- 14] provided by declaration.
x 15 Any document that is not confidential, privileged, or otherwise
©s 16||protectable in its entirety will not be filed under seal if the confidential
17 || portions can be redacted. If documents can be redacted, then a redacted
18 || version for public viewing, omitting only the confidential, privileged, or
19 || otherwise protectable portions of the document, shall be filed. Any
20 || application that seeks to file documents under seal in their entirety
21 || should include an explanation of why redaction is not feasible.
22||4. DEFINITIONS
23 4.1 Action: this pending federal lawsuit.
24 4.2 Challenging Party: a Party or Non-Party that challenges the
25 || designation of information or items under this Order.
26 4.3 CONFIDENTIAL Information or Items: information
27 || (regardless of how it is generated, stored or maintained) or tangible
28
STIPULATED PROTECTIVE ORDER
Case 2/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page5of21 Page ID #:307
1 || things that qualify for protection under Federal Rule of Civil Procedure
2 ||26(c), and as specified above in the Good Cause Statement.
3 4.4 Counsel: Outside Counsel of Record and House Counsel (as
4 || well as their support staff).
5 4.5 Designating Party: a Party or Non-Party that designates
6 ||information or items that it produces in disclosures or in responses to
7 || discovery as CONFIDENTIAL or HIGHLY CONFIDENTIAL —
8 | ATTORNEYS’ EYES ONLY
9 4.6 Disclosure or Discovery Material: all items or information,
10 || regardless of the medium or manner in which it is generated, stored, or
11 || maintained including, among other things, testimony, transcripts, and
re 12 ||tangible things that are produced or generated in disclosures or
O 13 || responses to discovery in this matter.
□□ 14 4.7 Expert: a person with specialized knowledge or experience in
x 15 ||}a matter pertinent to the litigation who has been retained by a Party or
Os 16/lits counsel to serve as an expert witness or as a consultant in this Action.
17 4.8 HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY
18 || Information or Items: extremely sensitive “CONFIDENTIAL”
19 || Information or Items, the disclosure of which to another Party or Non-
20 || Party would create a substantial risk of serious harm that could not be
21 || avoided by less restrictive means.
22 4.9 House Counsel: attorneys who are employees of a Party to
23 ||this Action. House Counsel does not include Outside Counsel of Record or
24 || any other outside counsel.
25 4.10 Non-Party: any natural person, partnership, corporation,
26 || association, or other legal entity not named as a Party to this Action.
27 4.11 Outside Counsel: attorneys who are not employees of a Party
28 || to this Action but are retained to represent or advise a Party to this
—__————saporaTap PROTECTIVE ORDER
Case 2|/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page6of21 Page ID #:308
1 || Action including those who have appeared in this Action on behalf of that
2 || Party or are affiliated with a law firm that has appeared on behalf of
3 ||that Party, including support staff.
4 4.12 Party: any party to this Action.
5 4.13 Producing Party: a Party or Non-Party that produces
6 || Disclosure or Discovery Material in this Action.
7 4.14 Professional Vendors: persons or entities that provide
8 || litigation support services (e.g., photocopying, videotaping, translating,
9 || preparing exhibits or demonstrations, and organizing, storing, or
10 || retrieving data in any form or medium) and their employees and
11 || subcontractors.
re 12 4.15 Protected Material: any Disclosure or Discovery Material
C) 13 || that is designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL --
14)}ATTORNEYS’ EYES ONLY.
x 15 4.16 Receiving Party: a Party that receives Disclosure or
©s 16]| Discovery Material from a Producing Party.
17||5. SCOPE
18 The protections conferred by this Stipulation and Order cover not
19 ||only Protected Material (as defined above), but also (1) any information
20 || copied or extracted from Protected Material; (2) all copies, excerpts,
21 ||summaries, or compilations of Protected Material; and (3) any testimony,
22 || conversations, or presentations by the Parties, House Counsel, or
23 || Outside Counsel that might reveal Protected Material.
24 Any use of Protected Material at trial shall be governed by the
25 || orders of the trial judge and other applicable authorities. This Order
26 || does not govern the use of Protected Material at trial.
27
28
STIPULATED PROTECTIVE ORDER
Case 2|/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page 7of21 Page ID #:309
1/6. DURATION
2 Once a case proceeds to trial, information that was designated as
3 || CONFIDENTIAL, HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES
4 || ONLY, or maintained pursuant to this protective order that 1s used or
5 || introduced as an exhibit at trial becomes public and will be
6 || presumptively available to all members of the public, including the press,
7 || unless compelling reasons supported by specific factual findings to
8 || proceed otherwise are made to the trial judge in advance of the trial. See
9 || Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for
10 || sealing documents produced in discovery from “compelling reasons”
11 ||standard when merits-related documents are part of court record).
12 With respect to information produced under this Order but not
O 13 || used at trial, even after final disposition of this litigation, the
4 |/confidentiality obligations imposed by this Order will remain in effect
x 15 || until a Designating Party agrees otherwise in writing or a court order
©s 16||otherwise directs. Final disposition will be deemed to be the later of (1)
17 || dismissal of all claims and defenses in this Action, with or without
18 || prejudice; and (2) final judgment herein after the completion and
19 || exhaustion of all appeals, rehearings, remands, trials, or reviews of this
20 || Action, including the time limits for filing any motions or applications for
21 || extension of time pursuant to applicable law.
22||7. DESIGNATING PROTECTED MATERIAL
23 7.1 Exercise of Restraint and Care in Designating Material for
24 || Protection. Each Party or Non-Party that designates information or
25 ||items for protection under this Order must take care to limit any such
26 || designation to specific material that qualifies under the appropriate
27 ||standards. The Designating Party must designate for protection only
28 □□ those parts of material, documents, items, or oral or written
—__—_———saporaTap PROTECTIVE ORDER
Case 2/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page8of21 Page ID #:310
1 || communications that qualify so that other portions of the material,
2 ||documents, items, or communications for which protection is not
3 || warranted are not swept unjustifiably within the ambit of this Order.
4 Mass, indiscriminate, or routinized designations are prohibited.
5 || Designations that are shown to be clearly unjustified or that have been
6 || made for an improper purpose (e.g., to unnecessarily encumber the case
7 || development process or to impose unnecessary expenses and burdens on
8 ||}other Parties) may expose the Designating Party to sanctions.
9 If it comes to a Designating Party’s attention that information or
10 ||items that it designated for protection do not qualify for protection, that
11 || Designating Party must promptly notify all other Parties that it is
re 12 || withdrawing the inapplicable designation.
O 13 7.2. Manner and Timing of Designations. Except as otherwise
- provided in this Order (see, e.g., second paragraph of section 7.2(a)
x 15 || below), or as otherwise stipulated or ordered, Disclosure or Discovery
Os 16/]|Material that qualifies for protection under this Order must be clearly so
17 || designated before the material is disclosed or produced.
18 Designation in conformity with this Order requires:
19 (a) for information in documentary form (e.g., paper or
20 || electronic documents, but excluding transcripts of depositions or other
21 || pretrial or trial proceedings), that the Producing Party affix at a
22 minimum, the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
23 || -- ATTORNEYS’ EYES ONLY” (hereinafter “CONFIDENTIAL Legend”),
24 ||to each page that contains protected material. If only a portion or
25 || portions of the material on a page qualifies for protection, the Producing
26 || Party also must clearly identify the protected portion(s) (e.g., by making
27 ||appropriate markings in the margins).
28
STIPULATED PROTECTIVE ORDER
Case 2/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page9of21 Page ID#:311
1 A Party or Non-Party that makes original documents available for
2 ||inspection need not designate them for protection until after the
3 ||inspecting Party has indicated which documents it would like copied and
4 || produced. During the inspection and before the designation, all of the
5 material made available for inspection will be deemed
6 || “CONFIDENTIAL?” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’
7 || EYES ONLY.” After the inspecting Party has identified the documents
8 ||it wants copied and produced, the Producing Party must determine
9 || which documents, or portions thereof, qualify for protection under this
10 || Order. Then, before producing the specified documents, the Producing
11 || Party must affix the CONFIDENTIAL Legend to each page that contains
re 12 || Protected Material. If only a portion or portions of the material on a
Oo 13 || page qualifies for protection, the Producing Party also must clearly
4 14 |lidentify the protected portion(s) (e.g., by making appropriate markings in
x 15 ||the margins).
Ps 16 (b) for testimony given in depositions, that the Designating
17 || Party identify the Disclosure or Discovery Material on the record, before
18 || the close of the deposition or in writing within thirty (80) days of its
19 || receipt of the transcript.
20 (c) for information produced in some form other than
21 documentary form and for any other tangible items, that the Producing
22 || Party affix in a prominent place on the exterior of the container or
23 || containers in which the information is stored the CONFIDENTIAL
24 || Legend. If only a portion or portions of the information warrants
25 || protection, the Producing Party, to the extent practicable, shall identify
26 || the protected portion(s).
27 7.3 Inadvertent Failures to Designate. If timely corrected, an
28 ||inadvertent failure to designate qualified information or items does not,
—_———saporaTap PROTECTIVE ORDER
Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page 10o0f21 Page ID #:312
1 || standing alone, waive the Designating Party’s right to secure protection
2 ||under this Order for such material. Upon timely correction of a
3 || designation, the Receiving Party must make reasonable efforts to assure
4 ||that the material is treated in accordance with the provisions of this
5 || Order.
6|/8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
7 8.1 Timing of Challenges. Any Party or Non-Party may challenge
8 ||a designation of confidentiality at any time that is consistent with the
9 || Court’s Scheduling Order.
10 8.2 Meet and Confer. The Challenging Party shall initiate the
11 || dispute resolution process under Local Rule 37-1 et seq.
12 8.3 Joint Stipulation. Any challenge submitted to the Court shall
Oo 13 || be via a joint stipulation pursuant to Local Rule 37-2.
r 14 8.4 Burden. The burden of persuasion in any such challenge
x 15 || proceeding shall be on the Designating Party. Frivolous challenges, and
Os 16/]|those made for an improper purpose (e.g., to harass or impose
17 || unnecessary expenses and burdens on other parties) may expose the
18 || Challenging Party to sanctions. Unless the Designating Party has
19 || waived or withdrawn the applicable confidentiality designation, all
20 || parties shall continue to afford the material in question the level of
21 || protection to which it is entitled under the Producing Party’s designation
22 || until the Court rules on the challenge.
23/19. ACCESS TO AND USE OF PROTECTED MATERIAL
24 9.1 Basic Principles. A Receiving Party may use Protected
25 || Material that is disclosed or produced by another Party or by a Non-
26 || Party in connection with this Action only for prosecuting, defending, or
27 || attempting to settle this Action. Such Protected Material may be
28 || disclosed only to the categories of persons and under the conditions
—_—_———sapoLaTap PROTECTIVE ORDER
Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page11lof21 Page ID#:313
1 || described in this Order. When the Action has been terminated, a
2 || Receiving Party must comply with the provisions of section 15 below
3 || (FINAL DISPOSITION).
4 Protected Material must be stored and maintained by a Receiving
5 || Party at a location and in a secure manner that ensures that access is
6 || limited to the persons authorized under this Order.
7 9.2 Disclosure of CONFIDENTIAL Information or Items. Unless
8 || otherwise ordered by the Court, a Receiving Party may disclose any
9 ||information or item designated “CONFIDENTIAL?” only to:
10 (a) the Receiving Party’s Outside Counsel, as well as
11 ||employees of said Outside Counsel to whom it is reasonably necessary to
12 || disclose the information for this Action;
Oo 13 (b) the officers, directors, and employees (including House
-— 14]|| Counsel) of the Receiving Party to whom disclosure is reasonably
x 15 || necessary for this Action;
Ps» 16 (c) Experts (as defined in this Order) of the Receiving Party
17 ||to whom disclosure is reasonably necessary for this Action and who have
18 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
19 (d) the Court and its personnel;
20 (e) court reporters and their staff;
21 (f) professional jury or trial consultants, mock jurors, and
22 || Professional Vendors to whom disclosure is reasonably necessary for this
23 || Action and who have signed the “Acknowledgment and Agreement to Be
24 || Bound” (Exhibit A);
25 (g) the author or recipient of a document containing the
26 ||information or a custodian or other person who otherwise possessed or
27 || knew the information;
28
11
STIPULATED PROTECTIVE ORDER
Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page12o0f21 Page ID#:314
1 (h) during deposition, the witness, and attorneys for the
2 || witness, in the Action to whom disclosure is reasonably necessary
3 || provided: (1) the deposing Party requests that the witness sign the form
4 || attached as Exhibit A hereto; and (2) the witness will not be permitted to
5 keep any confidential information unless the witness signs the
6 ||“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
7 || otherwise agreed by the Designating Party or ordered by the Court.
8 || Pages of transcribed deposition testimony or exhibits to depositions that
9 || reveal Protected Material may be separately bound by the court reporter
10 ||and may not be disclosed to anyone except as permitted under this
11 || Stipulated Protective Order;
re 12 (i) any mediator or settlement officer, and their supporting
Oo 13 || personnel, mutually agreed upon by the Parties engaged in settlement
— 14 || discussions; and
x 15 (j) any other person that the Designating Party agrees to in
Os 16] writing.
17 9.3 Before disclosure of CONFIDENTIAL Information or Items to
18 || any person in categories c, f, h, and/or ] above, each such person will be
19 || provided with a copy of this Protective Order and shall execute a Non-
20 || Disclosure Agreement (Exhibit A). The qualified persons listed above
21 ||shall not distribute, disclose, or otherwise publish or make available
22 || CONFIDENTIAL Information or Items to any third person unless
23 || consented to in writing by the Designating Party, or permitted to do so
24 the Court.
25 9.4 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’
26 || EYES ONLY” Information or Items. Unless otherwise ordered by the
27 || Court, a Receiving Party may disclose any information or item
28
12
STIPULATED PROTECTIVE ORDER
Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page13o0f21 Page ID#:315
1 || designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY”
2 || only to:
3 (a) the Receiving Party’s Outside counsel of record in this
4 || Action, as well as employees of said counsel to whom it is reasonably
5 ||necessary to disclose the information for this Action;
6 (b) Experts (as defined in this Order) of the Receiving Party
7 ||to whom disclosure is reasonably necessary for this Action and who have
8 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9 (c) the Court and its personnel;
10 (d) court reporters and their staff;
11 (e) professional jury or trial consultants, mock jurors, and
12 || Professional Vendors to whom disclosure is reasonably necessary for this
Oo 13 || Action and who have signed the “Acknowledgment and Agreement to Be
4 14]| Bound” (Exhibit A);
x 15 (f) the author or recipient of a document containing the
©s |/information or a custodian or other person who otherwise possessed or
17 || knew the information;
18 (g) any mediator or settlement officer, and their supporting
19 || personnel, mutually agreed upon by the Parties engaged in settlement
20 || discussions; and
21 (h) any other person that the Designating Party agrees to in
22 || writing.
23 9.5 Before disclosure of HIGHLY CONFIDENTIAL --
24 || ATTORNEYS’ EYES ONLY Information or Items to any person in
25 || categories b, e, and/or h above, each such person will be provided with a
26 || copy of this Protective Order and shall execute a Non-Disclosure
27 || Agreement (Exhibit A). The qualified persons listed above shall not
28 || distribute, disclose, or otherwise publish or make available HIGHLY
—_————saporaTap PROTECTIVE ORDER
Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page14of21 Page ID #:316
1 || CONFIDENTIAL -- ATTORNEYS’ EYES ONLY Information or Items to
2 ||any third person unless consented to in writing by the Designating
3 || Party, or permitted to do so by the Court.
4 9.6 Nothing in this Order shall prevent or otherwise restrict
5 ||counsel from rendering advice to their clients and, in the course of doing
6 □□ □□□ rely generally on Protected Material, provided that in rendering such
7 || advice, counsel shall not disclose the specific contents of Protected
8 || Material except as otherwise allowed by this Order.
9/110. PROTECTED MATERIAL SUBPOENAED OR ORDERED
10 PRODUCED IN OTHER LITIGATION
11 If a Party is served with a subpoena or a court order issued in other
12 || litigation that compels disclosure of any information or items designated
O 13 |j/in this Action as CONFIDENTIAL or HIGHLY CONFIDENTIAL —
r+ 14) ATTORNEYS’ EYES ONLY, that Party must:
x 15 (a) promptly notify in writing the Designating Party. Such
©s 16/]|notification shall include a copy of the subpoena or court order;
17 (b) promptly notify in writing the party who caused the
18 || subpoena or order to issue in the other litigation that some or all of the
19 || material covered by the subpoena or order is subject to this Protective
20 || Order. Such notification shall include a copy of this Stipulated Protective
21 || Order; and
22 (c) cooperate with respect to all reasonable procedures
23 || sought to be pursued by the Designating Party whose Protected Material
24 || may be affected.
25 If the Designating Party timely seeks a protective order, the Party
26 || served with the subpoena or court order will not produce any information
27 || designated in this action as CONFIDENTIAL or HIGHLY
28 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY before a determination
—_———sapoLaTEp PROTECTIVE ORDER
Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page15o0f21 Page ID#:317
1 || by the court from which the subpoena or order issued, unless the Party
2 ||has obtained the Designating Party’s permission. The Designating Party
3 || will bear the burden and expense of seeking protection in that court of its
4 || confidential material and nothing in these provisions should be
5 ||construed as authorizing or encouraging a Receiving Party in this Action
6 ||to disobey a lawful directive from another court.
7\|11. ANON-PARTYS PROTECTED MATERIAL SOUGHT TO BE
8 PRODUCED IN THIS LITIGATION
9 (a) The terms of this Order are applicable to information
10 || produced by a Non-Party in this Action and designated as
11 || CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
12 |} ONLY. Such information produced by Non-Parties in connection with
Oo 13 □□ this litigation is protected by the remedies and relief provided by this
-— 14|/Order. Nothing in these provisions should be construed as prohibiting a
x 15 || Non-Party from seeking additional protections.
Ps 16 (b) Inthe event that a Party is required, by a valid
17 || discovery request, to produce a Non-Party’s confidential information in
18 ||its possession, and the Party is subject to an agreement with the Non-
19 || Party not to produce the Non-Party’s confidential information, then the
20 || Party shall:
21 (1) promptly notify in writing the Requesting Party
22 ||and the Non-Party that some or all of the information requested is
23 || subject to a confidentiality agreement with a Non-Party;
24 (2) promptly provide the Non-Party with a copy of the
25 || Stipulated Protective Order in this Action, the relevant discovery
26 ||request(s), and a reasonably specific description of the information
27 ||requested; and
28
15
STIPULATED PROTECTIVE ORDER
Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page 16o0f21 Page ID #:318
1 (3) make the information requested available for
2 ||inspection by the Non-Party, if requested.
3 (c) Ifthe Non-Party fails to seek a protective order from
4||this Court within 14 days of receiving the notice and accompanying
5 ||information, the Receiving Party may produce the Non-Party’s
6 || confidential information responsive to the discovery request. If the Non-
7 || Party timely seeks a protective order, the Receiving Party shall not
8 || produce any information in its possession or control that is subject to the
9 confidentiality agreement with the Non-Party before a determination by
10 ||the Court. Absent a court order to the contrary, the Non-Party shall
11 || bear the burden and expense of seeking protection in this Court of its
re 12 || Protected Material.
O 13|}12. UNAUTHORIZED DISCLOSURE OF PROTECTED
rr 14 MATERIAL
x 15 If a Receiving Party learns that, by inadvertence or otherwise, it
Os 16/]|has disclosed Protected Material to any person or in any circumstance
17 ||not authorized under this Stipulated Protective Order, the Receiving
18 || Party must immediately (a) notify in writing the Designating Party of
19 ||the unauthorized disclosures, (b) use its best efforts to retrieve all
20 || unauthorized copies of the Protected Material, (c) inform the person or
21 || persons to whom unauthorized disclosures were made of all the terms of
22 ||this Order, and (d) request such person or persons to execute the
23 ||“Acknowledgment and Agreement to Be Bound” that is attached hereto
24 |las Exhibit A.
25
26
27
28
16
STIPULATED PROTECTIVE ORDER
Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page17of21 Page ID #:319
1/18. INADVERTENT PRODUCTION OF PRIVILEGED OR
2 OTHERWISE PROTECTED MATERIAL
3 If a Producing Party inadvertently produces information or
4 documents that it considered privileged, in whole or in part, it may
5 ||retrieve such information or documents or parts thereof as follows:
6 (a) Within twenty (20) days of the discovery of the
7 ||inadvertent production, and no later than forty-five (45) days prior to
8 || trial, the Producing Party must give written notice to all parties who
9 ||received copies of the produced document that the Producing Party
10 ||claims said document, in whole or in part, to be privileged and must
11 || state the nature of the privilege; in the event that only part(s) of
12 || document(s) are claimed to be privileged, the Producing Party shall
Oo 13 || furnish redacted copies of such privileged documents, removing only the
4 14||part(s) thereof claimed to be privileged, to all parties together with the
x 15 || notice (the “Inadvertent Production of Privileged Materials Notice”).
Os 16 (b) Upon receipt of such Inadvertent Production of
17 || Privileged Materials Notice, all parties who have received copies of the
18 || inadvertently produced document(s) shall destroy all other copies thereof
19 || and confirm destruction thereof except to the extent reasonably
20 || necessary to promptly present the information to the Court under seal
21 || for a determination of the claim pursuant to Federal Rule of Civil
22 || Procedure 26(b)(5)(B).
23 (c) After service of such notice, no motion to compel the
24 || production of the inadvertently produced privileged documents may rely
25 ||/on an allegation that any privilege as to the documents was waived
26 || solely by virtue of its inadvertent production.
27
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STIPULATED PROTECTIVE ORDER
Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page18o0f21 Page ID #:320
1/14. MISCELLANEOUS
2 14.2 Right to Further Relief. Nothing in this Order abridges the
3 ||right of any person to seek its modification by the Court in the future.
4 14.3 Right to Assert Other Objections. By stipulating to the entry
5 || of this Protective Order, no Party waives any right it otherwise would
6 || have to object to disclosing or producing any information or item on any
7 || ground not addressed in this Stipulated Protective Order. Similarly, no
8 || Party waives any right to object on any ground to use in evidence of any
9 || of the material covered by this Protective Order.
10 14.4 Filing Protected Material. A Party that seeks to file under
11 seal any Protected Material must comply with Local Civil Rule 79-5.
12 || Protected Material may only be filed under seal pursuant to a court order
O 13 || authorizing the sealing of the specific Protected Material at issue. Ifa
-— Party’s request to file Protected Material under seal is denied by the
x 15 || Court, then the Receiving Party may file the information in the public
©: 16]|record unless otherwise instructed by the Court.
17|/|15. FINAL DISPOSITION
18 After the final disposition of this Action, as defined in paragraph 4,
19 || within 60 days of a written request by the Designating Party, each
20 || Receiving Party must return all Protected Material to the Producing
21 || Party or destroy such material. As used in this subdivision, “all
22 || Protected Material” includes all copies, abstracts, compilations,
23 summaries, and any other format reproducing or capturing any of the
24 || Protected Material. Whether the Protected Material is returned or
25 || destroyed, the Receiving Party must submit a written certification to the
26 || Producing Party (and, if not the same person or entity, to the
27 || Designating Party) by the 60 day deadline that (1) identifies (by
28 || category, where appropriate) all the Protected Material that was
—__—_———saporaTap PROTECTIVE ORDER
Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page 19o0f21 Page ID #:321
1 ||/returned or destroyed, and (2) affirms that the Receiving Party has not
2 ||retained any copies, abstracts, compilations, summaries or any other
3 || format reproducing or capturing any of the Protected Material.
4 || Notwithstanding this provision, counsel are entitled to retain an archival
5 copy of all pleadings, motion papers, trial, deposition, and hearing
6 || transcripts, legal memoranda, correspondence, deposition and trial
7 ||exhibits, expert reports, attorney work product, and consultant and
8 ||expert work product, even if such materials contain Protected Material.
9 || Any such archival copies that contain or constitute Protected Material
10 remain subject to this Protective Order as set forth in Section 6
11 || (DURATION).
re 12|}16. VIOLATION
Oo 13 Any willful or reckless violation of this Order may be punished by
-— 14|/any and all appropriate measures including, without limitation,
x 15 ||contempt proceedings and/or monetary sanctions, or other appropriate
16|]/action at the discretion of the Court.
17
18 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
19 || DATED: February 28, 2022 PASICH LLP
20 By: /s/ Pamela Woods
21 Pamela Woods
22 Attorneys for Plaintiff
23 || DATED: February 28, 2022 SELMAN BREITMAN LLP
24
By: /s/ Sara J. Savage
25 Sara J. Savage
26 Attorneys for Defendant
27
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STIPULATED PROTECTIVE ORDER
Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page 200f21 Page ID #:322
1 ATTESTATION
2 Pursuant to L.R. 5-4.3.4, I hereby attest that all other signatories
3 || listed, and on whose behalf the filing is submitted, concur in the filing’s
4 ||content and have authorized the filing. I further attest that I have on
5 || file documentation of her authorization.
6 || DATED: February 28, 2022 = PASICH LLP
a By: /s/ Pamela Woods
8 Pamela Woods
9 Attorneys for Plaintiff
10
11 ORDER
= 12 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
C) 13 k
r— 14)//DATE: 2/28/2022 ( 10 4 Nox —— ee
x 15
Ps 16 HON. ALEXANDER F. MacKINNON
7 United States Magistrate Judge
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20
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STIPULATED PROTECTIVE ORDER
Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page 21o0f21 Page ID #:323
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 that I have
5 ||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
7 || California on [date] in the case of VicomCBS Inc. v.
8 || Great Divide Insurance Co., Case No. 2:21-cv-00400-ODW-AFM. I agree
9 ||to comply with and to be bound by all the terms of this Stipulated
10 || Protective Order and I understand and acknowledge that failure to so
11 ||comply could expose me to sanctions and punishment in the nature of
12 ||contempt. I solemnly promise that I will not disclose in any manner any
Oo 13 ||information or item that is subject to this Stipulated Protective Order to
-— 14|/any person or entity except in strict compliance with the provisions of
x 15 ||this Order. I further agree to submit to the jurisdiction of the United
16]|States District Court for the Central District of California for the
17 || purpose of enforcing the terms of this Stipulated Protective Order, even
18 ||if such enforcement proceedings occur after termination of this Action.
19 I hereby appoint [full name] of
20 [full address and
21 || telephone number] as my California agent for service of process 1n
22 ||connection with this Action or any proceedings related to enforcement of
23 ||this Stipulated Protective Order.
24 || Date:
25 || City and State where sworn and signed:
96 || Printed name:
27 || Signature:
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STIPULATED PROTECTIVE ORDER