even stipulated protective orders 19 require good cause showing
How later courts described this case
- even stipulated protective orders 19 require good cause showing
Written by the judges who cited it.
The opinion
Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 1 of 21 Page ID #:785
Alan M. Mansfield, SBN: 125998
1
WHATLEY KALLAS LLP
2 355 So. Grand Avenue, Suite 2450
3 Los Angeles, CA 90071
4
16870 W. Bernardo Drive, Suite 400
5 San Diego, CA 92127
Phone: (310) 684-2504
6
(858) 674-6641
7 Fax: (855) 274-1888
8 Email: amansfield@whatleykallas.com
9
Attorneys for Plaintiff in Slaughter
10
[Additional counsel appear on signature page]
11
12
UNITED STATES DISTRICT COURT
13
CENTRAL DISTRICT OF CALIFORNIA
14
15
LAUREN SLAUGHTER, etc. Consolidated Case No.:
16 2:21-cv-02875-VAP-E
Plaintiffs,
17 vs.
18 VIRGIN SCENT, INC., D/B/A Assigned to the Honorable Virginia A.
ARTNATURALS, INC., and DOES Phillips, Courtroom 8A
19 1-10,
STIPULATED PROTECTIVE ORDER
20 Defendants.
21 KAILA SAIKI AND RAYMOND Complaint filed: August 6, 2021
SAIKI, etc.,
Pretrial Conference: Not Set
22
Plaintiffs, Trial Date: Not Set
23 vs.
24 VIRGIN SCENT, INC., D/B/A
ARTNATURALS, INC.,
25
Defendant.
26
27
28
1
STIPULATED PROTECTIVE ORDER
Case No. 2:21-cv-02875-VAP-E
Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 2 of 21 Page ID #:786
1 1. A. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 proprietary or private information for which special protection from public
4 disclosure and from use for any purpose other than prosecuting this litigation may
5
be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6
enter the following Stipulated Protective Order. The parties acknowledge that this
7
Order does not confer blanket protections on all disclosures or responses to
8
discovery and that the protection it affords from public disclosure and use extends
9
only to the limited information or items that are entitled to confidential treatment
10
under the applicable legal principles.
11
B. GOOD CAUSE STATEMENT
12
This action is likely to involve trade secrets, customer and pricing lists and
13
other valuable research, development, commercial, financial, technical and/or
14
proprietary information for which special protection from public disclosure and
15
from use for any purpose other than prosecution of this action is warranted. Such
16
confidential and proprietary materials and information consist of, among other
17
things, confidential business or financial information, information regarding
18
confidential business practices, or other confidential research, development, or
19
commercial information (including information implicating privacy rights of third
20
parties), information otherwise generally unavailable to the public, or which may
21
be privileged or otherwise protected from disclosure under state or federal
22
statutes, court rules, case decisions, or common law. Accordingly, to expedite the
23
flow of information, to facilitate the prompt resolution of disputes over
24
confidentiality of discovery materials, to adequately protect information the parties
25
are entitled to keep confidential, to ensure that the parties are permitted reasonable
26
necessary uses of such material in preparation for and in the conduct of trial, to
27
address their handling at the end of the litigation, and serve the ends of justice, a
28
22
STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E
Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 3 of 21 Page ID #:787
1 protective order for such information is justified in this matter. It is the intent of
2 the parties that information will not be designated as confidential for tactical
3 reasons and that nothing be so designated without a good faith belief that it has
4 been maintained in a confidential, non-public manner, and there is good cause why
5 it should not be part of the public record of this case.
6 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
7 SEAL
8 The parties further acknowledge, as set forth in Section 12.3, below, that this
9 Stipulated Protective Order does not entitle them to file confidential information
10 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
11 and the standards that will be applied when a party seeks permission from the court
12 to file material under seal.
13 There is a strong presumption that the public has a right of access to judicial
14 proceedings and records in civil cases. In connection with non-dispositive motions,
15 good cause must be shown to support a filing under seal. See Kamakana v. City and
16 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
17 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
18 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
19 require good cause showing), and a specific showing of good cause or compelling
20 reasons with proper evidentiary support and legal justification, must be made with
21 respect to Protected Material that a party seeks to file under seal. The parties’ mere
22 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—
23 without the submission of competent evidence by declaration, establishing that the
24 material sought to be filed under seal qualifies as confidential, privileged, or
25 otherwise protectable—constitute good cause.
26 Further, if a party requests sealing related to a dispositive motion or trial, then
27 compelling reasons, not only good cause, for the sealing must be shown, and the
28 relief sought shall be narrowly tailored to serve the specific interest to be protected.
23
STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E
Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 4 of 21 Page ID #:788
1 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For
2 each item or type of information, document, or thing sought to be filed or introduced
3 under seal in connection with a dispositive motion or trial, the party seeking
4 protection must articulate compelling reasons, supported by specific facts and legal
5 justification, for the requested sealing order. Again, competent evidence supporting
6 the application to file documents under seal must be provided by declaration.
7 Any document that is not confidential, privileged, or otherwise protectable
8 in its entirety will not be filed under seal if the confidential portions can be
9 redacted. If documents can be redacted, then a redacted version for public viewing,
10 omitting only the confidential, privileged, or otherwise protectable portions of the
11 document, shall be filed. Any application that seeks to file documents under
12 seal in their entirety should include an explanation of why redaction is not feasible.
13 2. DEFINITIONS
14 2.1 Action: this pending federal lawsuit.
15 2.2 Challenging Party: a Party or Non-Party that challenges the
16 designation of information or items under this Order.
17 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
18
how it is generated, stored or maintained) or tangible things that qualify for
19
protection under Federal Rule of Civil Procedure 26(c), and as specified above
20
in the Good Cause Statement.
21
2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
22
their support staff), and Mark D. Kremer of Conkle, Kremer & Engel, PLC
23
2.5 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.”
26
2.6 Disclosure or Discovery Material: all items or information, regardless
27
of the medium or manner in which it is generated, stored, or maintained (including,
28
24
STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E
Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 5 of 21 Page ID #:789
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 2.7 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
2.8 Final Disposition: The conclusion of this action by Court action
7
(including any Court action taken as stipulated or agreed to by the parties),
8
including the exhaustion of all appeals or the expiration of all appeal times without
9
an appeal having been taken.
10
2.9 House Counsel: attorneys who are employees of a party to this Action.
11
House Counsel does not include Outside Counsel of Record or any other outside
12
counsel.
13
2.10 Insurance Companies: Each insurance company, and their affiliates
14
providing services concerning this action, to whom defendant Virgin Scent, Inc.
15
d/b/a Artnaturals has provided notice of this Action, seeking insurance coverage for
16
17 any of the claims in this Action. Nothing herein shall affect whether there is
18 insurance coverage by any of the Insurance Companies for any of the claims in this
19 Action.
20 2.11 Non-Party: any natural person, partnership, corporation, association or
21 other legal entity not named as a Party to this action.
22 2.12 Outside Counsel of Record: attorneys who are not employees of a
23 party to this Action but are retained to represent or advise a party to this Action and
24
have appeared in this Action on behalf of that party or are affiliated with a law firm
25
that has appeared on behalf of that party, and includes support staff.
26
2.13 Party: any party to this Action, including all of its officers, directors,
27
employees, consultants, retained experts, and Outside Counsel of Record (and their
28
support staffs).
25
STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E
Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 6 of 21 Page ID #:790
1 2.14 Producing Party: a Party or Non-Party that produces Disclosure or
2 Discovery Material in this Action.
3 2.15 Professional Vendors: persons or entities that provide litigation
4 support services (e.g., photocopying, videotaping, translating, preparing exhibits
5
or demonstrations, and organizing, storing, or retrieving data in any form or
6
medium) and their employees and subcontractors.
7
2.16 Protected Material: any Disclosure or Discovery Material that is
8
designated as “CONFIDENTIAL.”
9
2.17 Receiving Party: a Party that receives Disclosure or Discovery
10
Material from a Producing Party.
11
3. SCOPE
12
The protections conferred by this Stipulation and Order cover not only
13
Protected Material (as defined above), but also (1) any information copied or
14
extracted from Protected Material; (2) all copies, excerpts, summaries, or
15
compilations of Protected Material; and (3) any testimony, conversations, or
16
presentations by Parties or their Counsel that might reveal Protected Material.
17
Any use of Protected Material at trial shall be governed by the orders of the
18
trial judge. This Order does not govern the use of Protected Material at trial.
19
4. DURATION
20
The provisions of this Order shall not terminate at the Final Disposition of
21
this action. Once a case proceeds to trial, information that was designated as
22
CONFIDENTIAL or maintained pursuant to this protective order and is used or
23
introduced as an exhibit at trial becomes public and will be presumptively
24
available to all members of the public, including the press, unless compelling
25
reasons supported by specific factual findings to proceed otherwise are made to the
26
trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
27
(distinguishing “good cause” showing for sealing documents produced in
28
26
STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E
Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 7 of 21 Page ID #:791
1 discovery from “compelling reasons” standard when merits-related documents are
2 part of court record). Accordingly, the terms of this protective order do not extend
3 beyond the commencement of the trial for exhibits and deposition testimony used
4 at trial unless exempted from public disclosure by an order of the Court as provided
5 above).
6 5. DESIGNATING PROTECTED MATERIAL
7 5.1 Exercise of Restraint and Care in Designating Material for
8 Protection. Each Party or Non-Party that designates information or items for
9 protection under this Order must take care to limit any such designation to
10 specific material that qualifies under the appropriate standards. The Designating
11
Party must designate for protection only those parts of material, documents, items
12
or oral or written communications that qualify so that other portions of the material,
13
documents, items or communications for which protection is not warranted are not
14
swept unjustifiably within the ambit of this Order.
15
Mass, indiscriminate or routinized designations are prohibited. Designations
16
that are shown to be clearly unjustified or that have been made for an improper
17
purpose (e.g., to unnecessarily encumber the case development process or to impose
18
unnecessary expenses and burdens on other parties) may expose the Designating
19
Party to sanctions.
20
If it comes to a Designating Party’s attention that information or items that
21
it designated for protection do not qualify for protection, that Designating Party
22
must promptly notify all other Parties that it is withdrawing the inapplicable
23
designation.
24
5.2 Manner and Timing of Designations. Except as otherwise provided in
25
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
26
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
27
under this Order must be clearly so designated before the material is disclosed
28
27
STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E
Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 8 of 21 Page ID #:792
1 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 or other pretrial or trial
5 proceedings), that the Producing Party affix at minimum, the legend
6 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
7 contains protected material. If only a portion of the material on a page qualifies for
8 protection, the Producing Party also must clearly identify the protected portion(s)
9 (e.g., by making appropriate markings in the margins).
10 A Party or Non-Party that makes original documents available for inspection
11 need not designate them for protection until after the inspecting Party has indicated
12 which documents it would like copied and produced. During the inspection and
13 before the designation, all of the material made available for inspection shall be
14 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
15 documents it wants copied and produced, the Producing Party must determine
16 which documents, or portions thereof, qualify for protection under this Order.
17 Then, before producing the specified documents, the Producing Party must affix the
18 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
19 portion of the material on a page qualifies for protection, the Producing Party also
20 must clearly identify the protected portion(s) (e.g., by making appropriate markings
21 in the margins).
22 (b) for testimony given in depositions or in other pretrial
23 proceedings, all such testimony shall be treated as “CONFIDENTIAL” for a period of
24 30 days from the date of receipt by Outside Counsel of Record of a final transcript
25 during which a Designating Party may identify the specific portions of testimony as
26 to which protection is sought. At the expiration of that 30-day period, only those
27 portions that are specifically identified will qualify for protection under this Order.
28 Any rough transcript that is generated before receipt by Outside Counsel of Record
28
STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E
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1 of a final transcript also shall be treated during the 30-day period as if it had been
2 designated as “CONFIDENTIAL” in its entirety, unless otherwise agreed in
3 writing. After the expiration of that period, the transcript shall be treated only as
4 actually designated. Each party shall provide notice to all other Parties if it
5 reasonably expects to reference Protected Material at a deposition, hearing or other
6 proceeding so that the other parties can ensure that only authorized individuals who
7 have signed the Acknowledgement and Agreement to be Bound attached as Exhibit
8 A hereto are present at those proceedings. The use of a document as an exhibit at a
9 deposition shall not in any way affect its designation as “Confidential.”
10 (c) for information produced in some form other than documentary
11 and for any other tangible items, that the Producing Party affix in a prominent
12 place on the exterior of the container or containers in which the information is
13 stored the legend “CONFIDENTIAL.” If only a portion or portions of the
14 information warrants protection, the Producing Party, to the extent practicable, shall
15 identify the protected portion(s).
16 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
17 failure to designate qualified information or items does not, standing alone, waive
18 the Designating Party’s right to secure protection under this Order for such material.
19 Upon timely correction of a designation, the Receiving Party must make reasonable
20
efforts to assure that the material is treated in accordance with the provisions of this
21
Order.
22
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
23
6.1 Timing of Challenges. Any Party or Non-Party may challenge a
24
designation of confidentiality at any time that is consistent with the Court’s
25
Scheduling Order.
26
6.2 Meet and Confer. The Challenging Party shall initiate the dispute
27
resolution process under Local Rule 37-1, et seq.
28
29
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1 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
2 joint stipulation pursuant to Local Rule 37-2.
3 6.4 The burden of persuasion in any such challenge proceeding shall be
4 on the Designating Party. Frivolous challenges, and those made for an improper
5
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
6
parties) may expose the Challenging Party to sanctions. Unless the Designating
7
Party has waived or withdrawn the confidentiality designation, all parties shall
8
continue to afford the material in question the level of protection to which it
9
is entitled under the Producing Party’s designation until the Court rules on the
10
challenge.
11
7. ACCESS TO AND USE OF PROTECTED MATERIAL
12
7.1 Basic Principles. A Receiving Party may use Protected Material that is
13
disclosed or produced by another Party or by a Non-Party in connection with this
14
Action only for prosecuting, defending or attempting to settle this Action. Such
15
Protected Material may be disclosed only to the categories of persons and under the
16
conditions described in this Order. When the Action has been terminated, a
17
18 Receiving Party must comply with the provisions of section 13 below (FINAL
19 DISPOSITION).
20 Protected Material must be stored and maintained by a Receiving Party at
21 a location and in a secure manner that ensures that access is limited to the persons
22 authorized under this Order.
23 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
24 otherwise ordered by the court or permitted in writing by the Designating Party, a
25 Receiving Party may disclose any information or item designated
26 “CONFIDENTIAL” only to:
27 (a) the Receiving Party’s Outside Counsel of Record in this
28 Action, as well as employees of said Outside Counsel of Record to whom it is
30
STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E
Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 11 of 21 Page ID #:795
1 reasonably necessary to disclose the information for this Action, and Mark D.
2 Kremer;
3 (b) the officers, directors, and employees (including House
4 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this
5 Action;
6 (c) Experts (as defined in this Order) of the Receiving Party to
7 whom disclosure is reasonably necessary for this Action and who have signed the
8 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9 (d) Insurance Companies;
10 (e) the court and its personnel;
11 (f) court reporters and their staff;
12 (g) professional jury or trial consultants, mock jurors, and
13 Professional Vendors to whom disclosure is reasonably necessary for this Action
14 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
15 A);
16 (h) the author or recipient of a document containing the information
17 or a custodian or other person who otherwise possessed or knew the information;
18 (i) during their depositions, witnesses, and attorneys for witnesses,
19 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing
20 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they
21 will not be permitted to keep any confidential information unless they sign the
22 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
23 agreed by the Designating Party or ordered by the court. Pages of transcribed
24 deposition testimony or exhibits to depositions that reveal Protected Material may
25 be separately bound by the court reporter and may not be disclosed to anyone except
26 as permitted under this Stipulated Protective Order;
27
28
31
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1 (j) any mediator or settlement officer, and their supporting
2 personnel, mutually agreed upon by any of the parties engaged in settlement
3 discussions; and
4 (k) any other person to whom the Designating Party and Receiving
5 Party and their respective Outside Counsel of Record all agree in writing or on the
6 record in advance of the disclosure to such person.
7 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
8 IN OTHER LITIGATION
9 If a Party is served with a subpoena or a court order issued in other litigation
10 that compels disclosure of any information or items designated in this Action as
11 “CONFIDENTIAL,” that Party must:
12 (a) promptly notify in writing the Designating Party. Such
13 notification shall include a copy of the subpoena or court order;
14 (b) promptly notify in writing the party who caused the subpoena or
15 order to issue in the other litigation that some or all of the material covered
16 by the subpoena or order is subject to this Protective Order. Such notification shall
17 include a copy of this Stipulated Protective Order; and
18 (c) cooperate with respect to all reasonable procedures sought
19 to be pursued by the Designating Party whose Protected Material may be affected.
20 If the Designating Party timely seeks a protective order, the Party served with
21 the subpoena or court order shall not produce any information designated in this
22 action as “CONFIDENTIAL” before a determination by the court from which the
23 subpoena or order issued, unless the Party has obtained the Designating Party’s
24 permission. The Designating Party shall bear the burden and expense of seeking
25 protection in that court of its confidential material and nothing in these provisions
26 should be construed as authorizing or encouraging a Receiving Party in this Action
27 to disobey a lawful directive from another court.
28
32
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1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
2 PRODUCED IN THIS LITIGATION
3 (a) The terms of this Order are applicable to information produced
4 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
5 information produced by Non-Parties in connection with this litigation is protected
6 by the remedies and relief provided by this Order. Nothing in these provisions
7 should be construed as prohibiting a Non-Party from seeking additional protections.
8 (b) In the event that a Party is required, by a valid discovery
9 request, to produce a Non-Party’s confidential information in its possession, and
10 the Party is subject to an agreement with the Non-Party not to produce the Non-
11 Party’s confidential information, then the Party shall:
12 (1) promptly notify in writing the Requesting Party and the
13 Non-Party that some or all of the information requested is subject to a confidentiality
14 agreement with a Non-Party;
15 (2) promptly provide the Non-Party with a copy of the
16 Stipulated Protective Order in this Action, the relevant discovery request(s), and a
17 reasonably specific description of the information requested; and
18 (3) make the information requested available for inspection
19 by the Non-Party, if requested.
20 (c) If the Non-Party fails to seek a protective order from this court
21 within 14 days of receiving the notice and accompanying information, the Receiving
22 Party may produce the Non-Party’s confidential information responsive to the
23 discovery request. If the Non-Party timely seeks a protective order, the Receiving
24 Party shall not produce any information in its possession or control that is
25 subject to the confidentiality agreement with the Non-Party before a determination
26 by the court. Absent a court order to the contrary, the Non-Party shall bear the
27 burden and expense of seeking protection in this court of its Protected Material.
28 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
33
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1 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
2 Protected Material to any person or in any circumstance not authorized under this
3 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
4 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
5 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
6 persons to whom unauthorized disclosures were made of all the terms of this Order,
7 and (d) request such person or persons to execute the “Acknowledgment and
8 Agreement to Be Bound” that is attached hereto as Exhibit A.
9 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
10 PROTECTED MATERIAL
11 When a Producing Party gives notice to Receiving Parties that certain
12 inadvertently produced material is subject to a claim of privilege or other protection,
13 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
14 Procedure 26(b)(5)(B). Pursuant to Federal Rule of Evidence 502(d), neither the
15 attorney-client privilege nor the work product protection is waived by inadvertent
16 production in this action. This Protective Order shall be interpreted to provide the
17 maximum protection allowed by Federal Rule of Evidence 502(d).
18 12. MISCELLANEOUS
19 12.1 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.
21 12.2 Right to Assert Other Objections. By stipulating to the entry of this
22 Protective Order, no Party waives any right it otherwise would have to object to
23
disclosing or producing any information or item on any ground not addressed in this
24
Stipulated Protective Order. Similarly, no Party waives any right to object on any
25
ground to use in evidence of any of the material covered by this Protective Order.
26
12.3 Filing Protected Material. A Party that seeks to file under seal any
27
Protected Material must comply with Local Civil Rule 79-5. Protected Material
28
34
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1 may only be filed under seal pursuant to a court order authorizing the sealing of the
2 specific Protected Material at issue. If a Party’s request to file Protected Material
3 under seal is denied by the court, then the Receiving Party may file the information
4 in the public record unless otherwise instructed by the court.
5 13. FINAL DISPOSITION
6 This Protective Order shall continue to be binding after Final Disposition of
7 this Action as provided in Paragraph 4 above, except that a Party may seek the
8 written permission of the Producing Party or further order of the Court with respect
9 to dissolution or modification of this Protective Order. Within 30 days after Final
10 Disposition of this Action, as defined in paragraph 2.8, all documents designated as
11 containing “CONFIDENTIAL” Information, including copies, shall be returned
12 to the Party or Producing Party who previously produced the document, unless:
13 (1) the document has been offered into evidence or filed without restriction as to
14 disclosure; (2) the Parties agree to destruction of the document to the extent
15 practical in lieu of return; or (3) as to documents bearing the notations,
16 summations or other mental impressions of the Receiving Party, that Party elects
17 to destroy the documents and certifies to the Producing Party that it has done so.
18 The Outside Counsel and Insurance Companies (including claim managers) for
19 any defendant shall be entitled to retain court papers, deposition and trial
20 transcripts and exhibits, and attorney work product (including discovery
21 information containing Confidential Information ); provided, however, that each
22 Insurance Company’s employees, and defendant’s Outside Counsel, and
23 employees of such Outside Counsel shall not disclose the portions of court papers,
24 depositions transcript, exhibits or attorney-work product containing Confidential
25 Information to any person except pursuant to court order or agreement with the
26 Designating Party or Non-Party that produced the Confidential Information. This
27 provision does not apply to the Court or its staff.
28 14. VIOLATION
35
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1 Any violation of this Order may be punished by appropriate measures
2 including, without limitation, contempt proceedings and/or monetary sanctions.
3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
4
DATED: March 25, 2022 /s/ Alan M. Mansfield
5
Alan M. Mansfield (SBN: 125998)
6 WHATLEY KALLAS, LLP
7 355 So. Grand Avenue
Suite 2450
8
Los Angeles, CA 90071
9
16870 W. Bernardo Drive, Suite 400
10
San Diego, CA 92127
11 Phone: (310) 684-2504
12 (858) 674-6641
Fax: (855) 274-1888
13
Email: amansfield@whatleykallas.com
14
Thomas Mauriello (SBN 144811)
15
MAURIELLO LAW FIRM
16 1181 Puerta Del Sol #120
San Clemente, CA 92673
17
Phone: (949) 542-3555
18 Fax: (949) 606-9690
19 Email: tomm@maurlaw.com
20
Joe R. Whatley, Jr.
21 (To Be Admitted Pro Hac Vice)
WHATLEY KALLAS LLP
22
152 West 57th Street
23 41st Floor
24 New York, NY 10019
Phones: (212) 447-7060
25
Fax: (800) 922-4851
26 Email: jwhatley@whatleykallas.com
27
C. Nicholas Dorman (Admitted Pro
28 Hac Vice)
36
STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E
Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 17 of 21 Page ID #:801
WHATLEY KALLAS LLP
1
2001 Park Place North
2 Suite 1000
3 Birmingham, AL 35203
Phone: (205) 488-1200
4
Fax: (800) 922-4851
5 Email: ndorman@whatleykallas.com
E. Kirk Wood
6
(To Be Admitted Pro Hac Vice)
7 Wood Law Firm, LLC
8 2001 Park Place North, Suite 1000
P. O. Box 382434
9
Birmingham, AL 35238
10 Phone: 205-612-0243
Fax: 866-579-8110
11
Email: kirk@woodlawfirmllc.com
12
Attorneys for Plaintiff in the Slaughter
13
Action
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
37
STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E
Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 18 of 21 Page ID #:802
DATED: March 25, 2022 /s/ Yeremey O. Krivoshey
1
Lawrence Timothy Fisher (SBN 191626)
2 Yeremey O. Krivoshey
3 BURSOR AND FISHER PA
1990 North California Boulevard
4
Suite 940
5 Walnut Creek, CA 94596
Phone: (925) 300-4455
6
Fax: (925) 407-2700
7
8 Email: ltfisher@bursor.com
ykrivoshey@bursor.com
9
10 Max Roberts
Andrew Obergfell
11
BURSOR & FISHER, P.A.
12 888 Seventh Avenue
New York, NY 10019
13
Telephone: (646) 837-7150
14 Facsimile: (212) 989-9163
15 E-Mail: mroberts@bursor.com
aobergfell@bursor.com
16
Attorneys for Plaintiffs in Saiki Action
17
Dated: March 25, 2022 /s/ Stephanie G. Chau
18
Stephanie G. Chau (SBN 292699)
19 CARLTON FIELDS, LLP
20 2029 Century Park East, Suite 1200
Los Angeles, CA 90067-2913
21
Telephone: (310) 843-6300
22 Facsimile: (310) 843-6301
schau@carltonfields.com
23
24 Attorneys for Defendant VIRGIN SCENT, INC.,
D/B/A ARTNATURALS, INC
25
26 Additional Counsel:
27 D. Matthew Allen (Pro Hac Vice)
David Walz (Pro Hac Vice)
28
CARLTON FIELDS, P.A.
38
STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E
Cage 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 19of21 Page ID #:803
1 4221W. Boy scout Blvd., Suite 100
Corporate Center Three at International
2 Tower
Tampa, Florida 33607-5780
3 Tel: (813) 223-7000
Fax: (813) 229-4133
4 mallen@carltonfields.com
5 dwalz@carltonfields.com
6 Lauren Greenspoon (Pro Hac Vice)
CARLTON FIELDS, P.A.
7 One State Street, Suite 1800
Hartford, CT 06103
8 Tel: (860) 392-5000
9 Fax: (860) 392-5058
Igreenspoon@carltonfields.com
10 Robert Pass
11 CARLTON FIELDS, P.A. (Pro Hac Vice)
215 S. Monroe Street, Suite 500
12 Tallahassee, Florida 32301
13 Tel: (850) 224-1585
Fax: (850) 222-0398
14 rpass@carltonfields.com
15 Attorneys for Defendant VIRGIN SCENT, INC.,
16 D/B/A ARTNATURALS, INC.
17|| FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
18
19|| Dated: 3/25/22 /S/ CHARLES F. EICK
0 HONORABLE CHARLES F. EICK
United States Magistrate Judge
21
22
23
24
25
26
27
28
39
STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E
Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 20 of 21 Page ID #:804
Alan M. Mansfield, SBN: 125998
1
WHATLEY KALLAS LLP
2 355 So. Grand Avenue, Suite 2450
3 Los Angeles, CA 90071
4
16870 W. Bernardo Drive, Suite 400
5 San Diego, CA 92127
Phone: (310) 684-2504
6
(858) 674-6641
7 Fax: (855) 274-1888
8 Email: amansfield@whatleykallas.com
9
Attorneys for Plaintiff in Slaughter
10
[additional counsel appear on signature page]
11
12
UNITED STATES DISTRICT COURT
13
CENTRAL DISTRICT OF CALIFORNIA
14
15
LAUREN SLAUGHTER, etc. Consolidated Case No.:
16 2:21-cv-02875-VAP-E
Plaintiffs,
17 vs.
18 VIRGIN SCENT, INC., D/B/A Assigned to the Honorable Virginia A.
Phillips, Courtroom 8A
ARTNATURALS, INC., and DOES
19 1-10,
EXHIBIT A – ACKNOWLEDGEMENT
20 Defendants. AND AGREEMENT TO BE BOUND
21 KAILA SAIKI AND RAYMOND
SAIKI, etc.,
Complaint filed: August 6, 2021
22
Plaintiffs, Pretrial Conference: Not Set
23 vs. Trial Date: Not Set
24 VIRGIN SCENT, INC., D/B/A
ARTNATURALS, INC.,
25
Defendant.
26
27
28
40
STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E
Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 21 of 21 Page ID #:805
I, ____________________________ of __________________________declare
1
2 under penalty of perjury that I have read in its entirety and understand the Stipulated
3
Protective Order that was issued by the United State District Court for the Central
4
5 District of California on ______________, 2022 in Lauren Slaughter, etc. Virgin
6
Scent, Inc. d/b/a Artnaturals, Inc. and DOES 1-10, etc., Consolidated Case No. 2:21-
7
8 cv-02875-VAP-E. I agree to comply with an be bound by all terms of this Stipulated
9
Protective Order, and I understand and acknowledge that failure to so comply could
10
expose me to sanctions and punishment in the nature of contempt. I solemnly
11
12 promise that I will not disclose in any manner any information or item that is subject
13
to this Stipulated Protective Order to any person or entity except in strict compliance
14
15 with the provisions of this Order.
16
I further agree to submit to the jurisdiction of the United States District Court
17
for the Central District of California for the purpose of enforcing the terms of this
18
19 Stipulated Protective Order, even if such enforcement proceedings occur after
20
termination of this action.
21
22
23
Date:
24
25 City and State where sworn and signed:
26
Printed Name:
27
Signature:
28
41
STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E