The opinion
Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 1 of 19 Page ID #:708
1 UMBERG ZIPSER LLP
Mark A. Finkelstein (SBN 173851)
2 mfinkelstein@umbergzipser.com
1920 Main Street, Ste. 750
3 Irvine, CA 92614
Telephone: (949) 679-0052
4 Facsimile: (949) 679-0461
5
DICKINSON WRIGHT PLLC
6 James K. Cleland (Pro Hac Vice)
JCleland@dickinson-wright.com
7 (734) 436-7356
Christopher J. Ryan (Pro Hac Vice)
8 CRyan@dickinson-wright.com
(734) 623-1907
9 Yafeez S. Fatabhoy (Pro Hac Vice)
YFatabhoy@dickinson-wright.com
10 (248) 205-3264
350 S. Main Street, Ste 300
11 Ann Arbor, MI 48104
Facsimile: (844) 670-6009
12
Attorneys for Plaintiff
13 Pensmore Reinforcement Technologies, LLC
14 UNITED STATES DISTRICT COURT
15 CENTRAL DISTRICT OF CALIFORNIA
16 PENSMORE REINFORCEMENT CASE NO.: 5:21-cv-1556-JWH-SHK
TECHNOLOGIES, LLC d/b/a
17 HELIX STEEL,
STIPULATED PROTECTIVE
18 Plaintiff, ORDER
19 v.
20 CORNERSTONE
MANUFACTURING AND
21 DISTRIBUTION, INC.,
22 Defendant.
23
24
25 Pursuant to Federal Rule of Civil Procedure 26(c), Plaintiff and Counterclaim
26
27
28
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Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 2 of 19 Page ID #:709
1 1. A. PURPOSE AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3
proprietary, or private information for which special protection from public
4
disclosure and from use for any purpose other than prosecuting this litigation may
5
be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6
enter the following Stipulated Protective Order. The parties acknowledge that this
7
Order does not confer blanket protections on all disclosures or responses to
8
discovery and that the protection it affords from public disclosure and use extends
9
only to the limited information or items that are entitled to confidential treatment
10
11 under the applicable legal principles. The parties further acknowledge, as set forth
12 in Section 12.3, below, that this Stipulated Protective Order does not entitle them
13 to file confidential information under seal; Civil Local Rule 79-5 sets forth the
14 procedures that must be followed and the standards that will be applied when a
15 party seeks permission from the court to file material under seal.
16
B. GOOD CAUSE STATEMENT
17
This action is likely to involve trade secrets, customer and pricing lists and
18
other valuable research, development, commercial, financial, technical and/or
19
20 proprietary information for which special protection from public disclosure and
21 from use for any purpose other than prosecution of this action is warranted. Such
22 confidential and proprietary materials and information consist of, among other
23 things, confidential business or financial information, information regarding
24 confidential business practices, or other confidential research, development, or
25
commercial information (including information implicating privacy rights of third
26
parties), information otherwise generally unavailable to the public, or which may
27
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Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 3 of 19 Page ID #:710
1 be privileged or otherwise protected from disclosure under state or federal
2 statutes, court rules, case decisions, or common law. Accordingly, to expedite
3
the flow of information, to facilitate the prompt resolution of disputes over
4
confidentiality of discovery materials, to adequately protect information the
5
parties are entitled to keep confidential, to ensure that the parties are permitted
6
reasonable necessary uses of such material in preparation for and in the conduct
7
of trial, to address their handling at the end of the litigation, and serve the ends of
8
justice, a protective order for such information is justified in this matter. It is the
9
intent of the parties that information will not be designated as confidential for
10
11 tactical reasons and that nothing be so designated without a good faith belief that
12 it has been maintained in a confidential, non-public manner, and there is good
13 cause why it should not be part of the public record of this case.
14 Additionally, there is a need for a two-tiered, attorneys’ eyes only protective
15 order that designates certain material as “Highly Confidential – Attorneys’ Eyes
16
Only,” in this action. See Elements Spirits, Inc. v. Iconic Brands, Inc., Civ. No. CV
17
15-02692 DDP (AGRx), 2016 WL 2642206, at *1 -2 (C.D. Cal. May 9, 2016)
18
(holding that protective order with attorneys’ eyes only designation was warranted
19
to protect party’s confidential information) (citing Nutratech, Inc. v. Syntech Int’l,
20
Inc., 242 F.R.D. 552, 555 (C.D. Cal. 2008); Brown Bag Software v. Symantec
21
Corp., 960 F.2d 1465, 1470 (9th Cir. 1992)).
22
2. DEFINITIONS
23
24 2.1 Action: this pending federal lawsuit, Pensmore Reinforcement
25
Technologies, LLC v. Cornerstone Manufacturing and Distribution, Inc., Case No.
26
5:21-cv-01556-JWH-SHK.
27
28
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Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 4 of 19 Page ID #:711
1 2.2 Challenging Party: a Party or Non-Party that challenges the
2 designation of information or items under this Order.
3
2.3.1 “CONFIDENTIAL” Information or Items: information (regardless of
4
how it is generated, stored or maintained) or tangible things that qualify for
5
protection under Federal Rule of Civil Procedure 26(c), and as specified above in
6
the Good Cause Statement.
7
2.3.2 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
8
Information or Items: sensitive “Confidential Information or Items,” disclosure of
9
which to another Party or Non-Party would create a substantial risk of serious harm
10
11 that could not be avoided by less restrictive means, and that qualifies for protection
12 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
13 Cause Statement.
14 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
15 their support staff).
16
2.5 Designating Party: a Party or Non-Party that designates information
17
or items that it produces in disclosures or in responses to discovery as
18
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
19
ONLY.”
20
2.6 Disclosure or Discovery Material: all items or information, regardless
21
of the medium or manner in which it is generated, stored, or maintained (including,
22
among other things, testimony, transcripts, and tangible things), that are produced
23
24 or generated in disclosures or responses to discovery in this matter.
25
26
27
28
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Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 5 of 19 Page ID #:712
1 2.7 Expert: a person with specialized knowledge or experience in a matter
2 pertinent to the litigation who has been retained by a Party or its counsel to serve as
3
an expert witness or as a consultant in this Action.
4
2.8 House Counsel: attorneys who are employees of a party to this Action.
5
House Counsel does not include Outside Counsel of Record or any other outside
6
counsel.
7
2.9 Non-Party: any natural person, partnership, corporation, association,
8
or other legal entity not named as a Party to this action.
9
2.10 Outside Counsel of Record: attorneys who are not employees of a
10
11 Party to this Action but are retained to represent or advise a party to this Action and
12 have appeared in this Action on behalf of that party or are affiliated with a law firm
13 which has appeared on behalf of that party, and includes support staff.
14 2.11 Party: any party to this Action, including all of its officers, directors,
15 employees, consultants, retained experts, and Outside Counsel of Record (and their
16
support staffs).
17
2.12 Producing Party: a Party or Non-Party that produces Disclosure or
18
Discovery Material in this Action.
19
2.13 Professional Vendors: persons or entities that provide litigation
20
support services (e.g., photocopying, videotaping, translating, preparing exhibits or
21
demonstrations, and organizing, storing, or retrieving data in any form or medium)
22
and their employees and subcontractors.
23
24 2.14 Protected Material: any Disclosure or Discovery Material that is
25 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
26 ATTORNEYS’ EYES ONLY.”
27
28
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Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 6 of 19 Page ID #:713
1 2.15 Receiving Party: a Party that receives Disclosure or Discovery
2 Material from a Producing Party.
3
3. SCOPE
4
The protections conferred by this Stipulation and Order cover not only
5
Protected Material (as defined above), but also (1) any information copied or
6
extracted from Protected Material; (2) all copies, excerpts, summaries, or
7
compilations of Protected Material; and (3) any testimony, conversations, or
8
presentations by Parties or their Counsel that might reveal Protected Material.
9
Any use of Protected Material at trial shall be governed by the orders of the
10
11 trial judge. This Order does not govern the use of Protected Material at trial.
12 4. DURATION
13 Even after final disposition of this litigation, the confidentiality obligations
14 imposed by this Order shall remain in effect until a Designating Party agrees
15 otherwise in writing or a court order otherwise directs. Final disposition shall be
16
deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
17
or without prejudice; and (2) final judgment herein after the completion and
18
exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
19
including the time limits for filing any motions or applications for extension of time
20
pursuant to applicable law.
21
5. DESIGNATING PROTECTED MATERIAL
22
5.1 Exercise of Restraint and Care in Designating Material for Protection.
23
24 Each Party or Non-Party that designates information or items for protection
25 under this Order must take care to limit any such designation to specific material
26 that qualifies under the appropriate standards. The Designating Party must designate
27
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6
Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 7 of 19 Page ID #:714
1 for protection only those parts of material, documents, items, or oral or written
2 communications that qualify so that other portions of the material, documents, items,
3
or communications for which protection is not warranted are not swept unjustifiably
4
within the ambit of this Order. Mass, indiscriminate, or routinized designations are
5
prohibited. 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 other
8
parties) may expose the Designating Party to sanctions. If it comes to a Designating
9
Party’s attention that information or items that it designated for protection do not
10
11 qualify for protection that Designating Party must promptly notify all other Parties
12 that it is withdrawing the inapplicable designation.
13 5.2 Manner and Timing of Designations. Except as otherwise provided in
14 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
15 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
16
under this Order must be clearly so designated before the material is disclosed or
17
produced.
18
Designation in conformity with this Order requires:
19
(a) For information in documentary form (e.g., paper or electronic
20
documents, but excluding transcripts of depositions or other pretrial or trial
21
proceedings), that the Producing Party affix at a minimum, the legend
22
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
23
24 ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains
25 protected material. If only a portion or portions of the material on a page qualifies
26
27
28
7
Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 8 of 19 Page ID #:715
1 for protection, the Producing Party also must clearly identify the protected
2 portion(s) (e.g., by making appropriate markings in the margins).
3
A Party or Non-Party that makes original documents available for inspection
4
need not designate them for protection until after the inspecting Party has indicated
5
which documents it would like copied and produced. During the inspection and
6
before the designation, all of the material made available for inspection shall be
7
deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the
8
inspecting Party has identified the documents it wants copied and produced, the
9
Producing Party must determine which documents, or portions thereof, qualify for
10
11 protection under this Order. Then, before producing the specified documents, the
12 producing Party must affix the “CONFIDENTIAL legend” to each page that
13 contains Protected Material. If only a portion or portions of the material on a page
14 qualifies for protection, the Producing Party also must clearly identify the protected
15 portion(s) (e.g., by making appropriate markings in the margins).
16
(b) For testimony given in depositions that the Designating Party, at the
17
same time the witness’s statement of changes is due pursuant to Fed. R. Civ. P.
18
30(e).
19
(c) For information produced in some form other than documentary and for
20
any other tangible items, that the Producing Party affix in a prominent place on the
21
exterior of the container or containers in which the information is stored the
22
legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
23
24 EYES ONLY.” If only a portion or portions of the information warrants protection,
25 the Producing Party, to the extent practicable, shall identify the protected portion(s).
26
27
28
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Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 9 of 19 Page ID #:716
1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
2 failure to designate qualified information or items does not, standing alone, waive
3
the Designating Party’s right to secure protection under this Order for such material.
4
Upon timely correction of a designation, the Receiving Party must make reasonable
5
efforts to assure that the material is treated in accordance with the provisions of this
6
Order.
7
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
8
6.1 Timing of Challenges. Any Party or Non-Party may challenge a
9
designation of confidentiality at any time that is consistent with the Court’s
10
11 Scheduling Order.
12
6.2 Meet and Confer. The Challenging Party shall initiate the dispute
13
resolution process under Local Rule 37.1 et seq.
14
6.3 The burden of persuasion in any such challenge proceeding shall be
15
on the Designating Party. Frivolous challenges, and those made for an improper
16
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
17
parties) may expose the Challenging Party to sanctions. Unless the Designating
18
Party has waived or withdrawn the confidentiality designation, all parties shall
19
20 continue to afford the material in question the level of protection to which it is
21 entitled under the Producing Party’s designation until the Court rules on the
22 challenge.
23 7. ACCESS TO AND USE OF PROTECTED MATERIAL
24
7.1 Basic Principles. A Receiving Party may use Protected Material that is
25
disclosed or produced by another Party or by a Non-Party in connection with this
26
Action only for prosecuting, defending, or attempting to settle this Action. Such
27
28
9
Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 10 of 19 Page ID #:717
1 Protected Material may be disclosed only to the categories of persons and under the
2 conditions described in this Order. When the Action has been terminated, a
3
Receiving Party must comply with the provisions of section 13 below (FINAL
4
DISPOSITION).
5
Protected Material must be stored and maintained by a Receiving Party at a
6
7 location and in a secure manner that ensures that access is limited to the persons
8 authorized under this Order.
9
7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
10
otherwise ordered by the court or permitted in writing by the Designating Party, a
11
Receiving Party may disclose any information or item designated
12
“CONFIDENTIAL” only to:
13
14 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
15 employees of said Outside Counsel of Record to whom it is reasonably necessary
16 to disclose the information for this Action;
17
(b) the officers, directors, and employees (including House Counsel) of the
18
Receiving Party to whom disclosure is reasonably necessary for this Action;
19
(c) Experts (as defined in this Order) of the Receiving Party to whom
20
disclosure is reasonably necessary for this Action and who have signed the
21
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
22
23 (d) the court and its personnel;
24 (e) court reporters and their staff;
25
26
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10
Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 11 of 19 Page ID #:718
1 (f) professional jury or trial consultants, mock jurors, and Professional
2 Vendors to whom disclosure is reasonably necessary for this Action and who have
3
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
4
(g) the author or recipient of a document containing the information or a
5
custodian or other person who otherwise possessed or knew the information;
6
(h) during their depositions, witnesses, and attorneys for witnesses, in the
7
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
8
requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they
9
will not be permitted to keep any confidential information unless they sign the
10
11 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
12 agreed by the Designating Party or ordered by the court. Pages of transcribed
13 deposition testimony or exhibits to depositions that reveal Protected Material may
14 be separately bound by the court reporter and may not be disclosed to anyone except
15 as permitted under this Stipulated Protective Order; and
16
(i) any mediator or settlement officer, and their supporting personnel,
17
mutually agreed upon by any of the parties engaged in settlement discussions.
18
7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
19
ONLY” Information or Items. Unless otherwise ordered by the court or permitted
20
in writing by the Designating Party, a Receiving Party may disclose any information
21
or item designated “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY”
22
only to those individuals listed above in Paragraphs 7.2(a), (c)–(g), and (i), except
23
24 that a Receiving Party may in good faith request that the Designating Party consent
25 in writing to the disclosure of particular material designated “HIGHLY
26 CONFIDENTIAL - ATTORNEYS’ EYES ONLY” to one or more representatives
27
28
11
Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 12 of 19 Page ID #:719
1 of the Receiving Party to whom disclosure is reasonably necessary for this Action.
2 The Receiving Party may seek leave of court to designate such representatives if
3
the Receiving Party believes that the Designating Party has unreasonably withheld
4
such consent. Before receiving any information designated “HIGHLY
5
CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” each designated representative
6
shall sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
7
8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
9 PRODUCED IN OTHER LITIGATION
10
If a Party is served with a subpoena or a court order issued in other litigation
11
that compels disclosure of any information or items designated in this Action as
12
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
13
ONLY” that Party must:
14
15 (a) promptly notify in writing the Designating Party. Such notification shall
16 include a copy of the subpoena or court order;
17
(b) promptly notify in writing the party who caused the subpoena or order
18
to issue in the other litigation that some or all of the material covered by the
19
subpoena or order is subject to this Protective Order. Such notification shall include
20
21 a copy of this Stipulated Protective Order; and
22
(c) cooperate with respect to all reasonable procedures sought to be pursued
23
by the Designating Party whose Protected Material may be affected. If the
24
Designating Party timely seeks a protective order, the Party served with the
25
subpoena or court order shall not produce any information designated in this action
26
as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
27
28
12
Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 13 of 19 Page ID #:720
1 ONLY” before a determination by the court from which the subpoena or order
2 issued, unless the Party has obtained the Designating Party’s permission. The
3
Designating Party shall bear the burden and expense of seeking protection in that
4
court of its confidential material and nothing in these provisions should be
5
construed as authorizing or encouraging a Receiving Party in this Action to disobey
6
a lawful directive from another court.
7
8 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
9 PRODUCED IN THIS LITIGATION
10
(a) The terms of this Order are applicable to information produced by a Non-
11
Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
12
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by
13
Non-Parties in connection with this litigation is protected by the remedies and relief
14
provided by this Order. Nothing in these provisions should be construed as
15
16 prohibiting a Non-Party from seeking additional protections.
17
(b) In the event that a Party is required, by a valid discovery request, to
18
produce a Non-Party’s confidential information in its possession, and the Party is
19
subject to an agreement with the Non-Party not to produce the Non-Party’s
20
confidential information, then the Party shall:
21
(1) promptly notify in writing the Requesting Party and the Non-Party
22
that some or all of the information requested is subject to a confidentiality
23
agreement with a Non-Party;
24
25
26
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28
13
Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 14 of 19 Page ID #:721
1 (2) promptly provide the Non-Party with a copy of the Stipulated
2 Protective Order in this Action, the relevant discovery request(s), and a reasonably
3
specific description of the information requested; and
4
(3) make the information requested available for inspection by the
5
Non-Party, if requested.
6
(c) If the Non-Party fails to seek a protective order from this court within 14
7
days of receiving the notice and accompanying information, the Receiving Party
8
may produce the Non-Party’s confidential information responsive to the discovery
9
request. If the Non-Party timely seeks a protective order, the Receiving Party shall
10
11 not produce any information in its possession or control that is subject to the
12 confidentiality agreement with the Non-Party before a determination by the court.
13 Absent a court order to the contrary, the Non-Party shall bear the burden and
14 expense of seeking protection in this court of its Protected Material.
15
10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
16
17 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
18 Protected Material to any person or in any circumstance not authorized under this
19 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
20 writing the Designating Party of the unauthorized disclosures, (b) use its best
21
efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
22
person or persons to whom unauthorized disclosures were made of all the terms of
23
this Order, and (d) request such person or persons to execute the “Acknowledgment
24
and Agreement to Be Bound” that is attached hereto as Exhibit A.
25
26
27
28
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Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 15 of 19 Page ID #:722
1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
2 PROTECTED MATERIAL
3
When a Producing Party gives notice to Receiving Parties that certain
4
inadvertently produced material is subject to a claim of privilege or other protection,
5
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
6
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
7
may be established in an e-discovery order that provides for production without
8
prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
9
as the parties reach an agreement on the effect of disclosure of a communication or
10
11 information covered by the attorney-client privilege or work product protection, the
12 parties may incorporate their agreement in the stipulated protective order submitted
13 to the court.
14
12. MISCELLANEOUS
15
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
16
person to seek its modification by the Court in the future.
17
12.2 Right to Assert Other Objections. By stipulating to the entry of this
18
Protective Order no Party waives any right it otherwise would have to object to
19
20 disclosing or producing any information or item on any ground not addressed in
21 this Stipulated Protective Order. Similarly, no Party waives any right to object on
22 any ground to use in evidence of any of the material covered by this Protective
23 Order.
24 12.3 Filing Protected Material. A Party that seeks to file under seal any
25
Protected Material must comply with Civil Local Rule 79-5. Protected Material may
26
only be filed under seal pursuant to a court order authorizing the sealing of the
27
28
15
Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 16 of 19 Page ID #:723
1 specific Protected Material at issue. If a Party's request to file Protected Material
2 under seal is denied by the court, then the Receiving Party may file the information
3
in the public record unless otherwise instructed by the court.
4
13. FINAL DISPOSITION
5
After the final disposition of this Action, as defined in paragraph 4, within 60
6
days of a written request by the Designating Party, each Receiving Party must
7
return all Protected Material to the Producing Party or destroy such material. As
8
used in this subdivision, “all Protected Material” includes all copies, abstracts,
9
compilations, summaries, and any other format reproducing or capturing any of the
10
11 Protected Material. Whether the Protected Material is returned or destroyed, the
12 Receiving Party must submit a written certification to the Producing Party (and, if
13 not the same person or entity, to the Designating Party) by the 60 day deadline that
14 (1) identifies (by category, where appropriate) all the Protected Material that was
15 returned or destroyed and (2) affirms that the Receiving Party has not retained any
16
copies, abstracts, compilations, summaries or any other format reproducing or
17
capturing any of the Protected Material. Notwithstanding this provision, Counsel
18
are entitled to retain an archival copy of all pleadings, motion papers, trial,
19
deposition, and hearing transcripts, legal memoranda, correspondence, deposition
20
and trial exhibits, expert reports, attorney work product, and consultant and expert
21
work product, even if such materials contain Protected Material. Any such archival
22
copies that contain or constitute Protected Material remain subject to this
23
24 Protective Order as set forth in Section 4.
25
26
27
28
16
Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 17 of 19 Page ID #:724
1 14. Any violation of this Order may be punished by any and all appropriate
2 measures including, without limitation, contempt proceedings and/or monetary
3
sanctions.
4 Dated: March 16, 2022 DICKINSON WRIGHT PLLC
5
By: /s/Yafeez S. Fatabhoy
James K. Cleland
6
Christopher J. Ryan
Yafeez S. Fatabhoy
7
UMBERG ZIPSER, LLP
8
Mark A. Finkelstein
9
Attorneys for Plaintiff/Counter-Defendant
10
Dated: March 16, 2022 HOVEY WILLIAMS LLP
11
By: /s/Scott Brown
12
Scott R. Brown
Todd Gangel
13
LOBB & PLEWE, LLP
14
Kevin Abbott
Chandra Winter
15
16
Attorneys Defendant/Counter-Plaintiff
17
18 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
19
20
DATED: M arch 21, 2022
21
22
23 United States Magistrate Judge
24
25
26
27
28
17
Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 18 of 19 Page ID #:725
1
2 EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4
5 I, [print or type full
6 name], of [print or type full address], declare
7
under penalty of perjury that I have read in its entirety and understand the
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9 Stipulated Protective Order that was issued by the United States District Court
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for the Central District of California on [date] in the case of [insert formal
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name of the case and the number and initials assigned to it by the court]. I
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13 agree to comply with and to be bound by all the terms of this Stipulated Protective
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Order and I understand and acknowledge that failure to so comply could expose
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me to sanctions and punishment in the nature of contempt. I solemnly promise
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17 that I will not disclose in any manner any information or item that is subject to
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this Stipulated Protective Order to any person or entity except in strict
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compliance with the provisions of this Order.
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21 I further agree to submit to the jurisdiction of the United States District Court
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for the Central District of California for the purpose of enforcing the terms of this
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Stipulated Protective Order, even if such enforcement proceedings occur after
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25 termination of this action. I hereby appoint [print or type full name] of
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__________ [print or type full address and telephone number] as my California
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Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 19 of 19 Page ID #:726
agent for service of process in connection with this action or any proceedings
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2 related to enforcement of this Stipulated Protective Order.
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Date:
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City and State where sworn and signed: _
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Printed name:
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10 Signature:
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