distinguishing “good cause” 6 7 showing for sealing documents produced in discovery from “compelling reasons” 8 standard when merits-related documents are part of court record
How later courts described this case
- distinguishing “good cause” 6 7 showing for sealing documents produced in discovery from “compelling reasons” 8 standard when merits-related documents are part of court record
Written by the judges who cited it.
The opinion
ase 5:21-cv-01840-JGB-KK Document □□ Filed 07/05/22 Pagelof27 Page ID #:429
1 || DANIEL M. CISLO (SBN 124378)
dan@cislo.com
? || KATHERINE M. BOND (SBN 263020)
3 kbond@cislo.com
CISLO & THOMAS LLP
4 || 12100 Wilshire Blvd., Ste. 1700
Los Angeles, CA 92029
° || Telephone: (310) 979-9190
6 Attorneys for Defendant/ Counterclaimant
7 ETN CAPITAL, LLC d/b/a BEECH LANE
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
“ lS & B FILTERS, INC., Case No.: 5:21-cv—01840-JGB-KKx
1 || Plaintiff
[Assigned to the Hon. Jesus G. Bernal]
13 V.
Complaint Filed: November 1, 2021
1
‘ Beh vice oe {PROPOSED} ORDER ENTERING
15 || Pctencant/Counterelaimant. STIPULATED PROTECTIVE
ORDER
16
17
18
19 Pursuant to Ruel 26(c) of the Federal Rules of Civil Procedure, Local Rule
20 || 79-5 and the Court’s publicly available Procedures and Schedules, the Court,
21 || having considered the Stipulation for Entry of the Protective Order filed by the
22 Parties, finds:
23
I. PURPOSES AND LIMITATIONS
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 1
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 2 of 27 Page ID #:430
1 A. Discovery in this action is likely to involve production of
2
confidential, proprietary, or private information for which special protection from
3
public disclosure and from use for any purpose other than prosecuting this
4
litigation may be warranted. Accordingly, the parties hereby stipulate to and
5
petition the Court to enter the following Stipulated Protective Order. The parties
6
7 acknowledge that this Order does not confer blanket protections on all disclosures
8 or responses to discovery and that the protection it affords from public disclosure
9
and use extends only to the limited information or items that are entitled to
10
confidential treatment under the applicable legal principles. The parties further
11
acknowledge, as set forth in Section XIII(C), below, that this Stipulated Protective
12
13 Order does not entitle them to file confidential information under seal; Civil Local
14 Rule 79-5 sets forth the procedures that must be followed and the standards that
15
will be applied when a party seeks permission from the Court to file material
16
under seal.
17
II. GOOD CAUSE STATEMENT
18
A. This action is likely to involve trade secrets, customer and pricing
19
20 lists and other valuable research, development, commercial, financial, technical
21 and/or proprietary information for which special protection from public disclosure
22
and from use for any purpose other than prosecution of this action is warranted.
23
Such confidential and proprietary materials and information consist of, among
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 2
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 3 of 27 Page ID #:431
1 other things, confidential business or financial information, information regarding
2
confidential business practices, or other confidential research, development, or
3
commercial information (including information implicating privacy rights of third
4
parties), information otherwise generally unavailable to the public, or which may
5
be privileged or otherwise protected from disclosure under state or federal
6
7 statutes, court rules, case decisions, or common law. Accordingly, to expedite the
8 flow of information, to facilitate the prompt resolution of disputes over
9
confidentiality of discovery materials, to adequately protect information the
10
parties are entitled to keep confidential, to ensure that the parties are permitted
11
reasonable necessary uses of such material in preparation for and in the conduct of
12
13 trial, to address their handling at the end of the litigation, and serve the ends of
14 justice, a protective order for such information is justified in this matter. It is the
15
intent of the parties that information will not be designated as confidential for
16
tactical reasons and that nothing be so designated without a good faith belief that
17
it has been maintained in a confidential, non-public manner, and there is good
18
cause why it should not be part of the public record of this case.
19
20 III. DEFINITIONS
21 A. Action: This pending federal lawsuit.
22
B. Challenging Party: A Party or Non-Party that challenges the
23
designation of information or items under this Order.
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 3
ase 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 4of27 Page ID #:432
1 C. “CONFIDENTIAL” Information or Items: Information (regardless
> || of how it is generated, stored or maintained) or tangible things that qualify for
° protection under Federal Rule of Civil Procedure 26(c), and as specified above in
the Good Cause Statement.
6 D. “SCONFIDENTIAL-ATTORNEYS EYES ONLY” Information or
7 Items: Information (regardless of how it is generated, stored or maintained) or
8 || tangible things that qualify for protection under Federal Rule of Civil Procedure
? 26(c), and as specified above in the Good Cause Statement, and that the Producing
Party claims in good faith constitutes confidential financial information of an
11
individual, trade secrets, confidential financial or business plans and strategies, or
13 || other highly sensitive, personal or proprictary information that may cause
14 || competitive, commercial or financial injury if disclosed beyond the limited
‘5 || disclosure allowed as described in paragraph VIII. B and C., below.
re E. Counsel: Outside Counsel of Record and In-House Counsel (as well
. as their support staff).
19 F. Designating Party: A Party or Non-Party that designates information
20 |} or items that it produces in disclosures or in responses to discovery as
21 || ““CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS EYES ONLY”
22 G. Disclosure or Discovery Material: All items or information,
~ regardless of the medium or manner in which it is generated, stored, or maintained
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 4
ase 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page5of27 Page ID #:433
1 |} Gncluding, among other things, testimony, transcripts, and tangible things), that
> Ilare produced or generated in disclosures or responses to discovery in this matter.
° H. — Expert: A person with specialized knowledge or experience in a
matter pertinent to the litigation who has been retained by a Party or its counsel to
6 || Serve as an expert witness or as a consultant in this Action.
7 I. In-House Counsel: Attorneys who are employees of a party to this
8 || Action. In-House Counsel does not include Outside Counsel of Record or any
? | other outside counsel.
10
J. Non-Party: Any natural person, partnership, corporation, association,
11
wo || other legal entity not named as a Party to this action.
13 K. Qutside Counsel of Record: Attorneys who are not employees of a
14 || party to this Action but are retained to represent or advise a party to this Action
|! and have appeared in this Action on behalf of that party or are affiliated with a law
re firm which has appeared on behalf of that party, and includes support staff.
1
. L. Party: Any party to this Action, including all of its officers, directors,
19 employees, consultants, retained experts, and Outside Counsel of Record (and
20 || their support staffs).
el M. Producing Party: A Party or Non-Party that produces Disclosure or
22 Discovery Material in this Action.
23
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 5
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 6 of 27 Page ID #:434
1 N. Professional Vendors: Persons or entities that provide litigation
2
support services (e.g., photocopying, videotaping, translating, preparing exhibits
3
or demonstrations, and organizing, storing, or retrieving data in any form or
4
medium) and their employees and subcontractors.
5
O. Protected Material: Any Disclosure or Discovery Material that is
6
7 designated as “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS EYES
8 ONLY”
9
P. Receiving Party: A Party that receives Disclosure or Discovery
10
Material from a Producing Party.
11
IV. SCOPE
12
13 A. The protections conferred by this Stipulation and Order cover not
14 only Protected Material (as defined above), but also (1) any information copied or
15
extracted from Protected Material; (2) all copies, excerpts, summaries, or
16
compilations of Protected Material; and (3) any testimony, conversations, or
17
presentations by Parties or their Counsel that might reveal Protected Material.
18
B. Any use of Protected Material at trial shall be governed by the orders
19
20 of the trial judge. This Order does not govern the use of Protected Material at trial.
21 V. DURATION
22
A. Once a case proceeds to trial, all of the information that is introduced
23
at trial as evidence that was designated as confidential or maintained pursuant to
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 6
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 7 of 27 Page ID #:435
1 this Protective Order becomes public by its introduction into evidence and will be
2
presumptively available to all members of the public, including the press, unless
3
compelling reasons supported by specific factual findings to proceed otherwise are
4
made to the trial judge in advance of the trial. See Kamakana v. City and County
5
of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”
6
7 showing for sealing documents produced in discovery from “compelling reasons”
8 standard when merits-related documents are part of court record). For information
9
and documents not introduced at trial, even after final disposition of this litigation,
10
the confidentiality obligations imposed by this Order shall remain in effect until a
11
Designating Party agrees otherwise in writing or a court order otherwise directs.
12
13 Final disposition shall be deemed to be the later of (1) dismissal of all claims and
14 defenses in this Action, with or without prejudice; and (2) final judgment herein
15
after the completion and exhaustion of all appeals, rehearings, remands, trials, or
16
reviews of this Action, including the time limits for filing any motions or
17
applications for extension of time pursuant to applicable law.
18
VI. DESIGNATING PROTECTED MATERIAL
19
20 A. Exercise of Restraint and Care in Designating Material for Protection
21 1. Each Party or Non-Party that designates information or items
22
for protection under this Order must take care to limit any such designation
23
to specific material that qualifies under the appropriate standards. The
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 7
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 8 of 27 Page ID #:436
1 Designating Party must designate for protection only those parts of
2
material, documents, items, or oral or written communications that qualify
3
so that other portions of the material, documents, items, or communications
4
for which protection is not warranted are not swept unjustifiably within the
5
ambit of this Order.
6
7 2. Mass, indiscriminate, or routinized designations are prohibited.
8 Designations that are shown to be clearly unjustified or that have been
9
made for an improper purpose (e.g., to unnecessarily encumber the case
10
development process or to impose unnecessary expenses and burdens on
11
other parties) may expose the Designating Party to sanctions.
12
13 3. If it comes to a Designating Party’s attention that information
14 or items that it designated for protection do not qualify for protection, that
15
Designating Party must promptly notify all other Parties that it is
16
withdrawing the inapplicable designation.
17
B. Manner and Timing of Designations
18
1. Except as otherwise provided in this Order (see, e.g., Section
19
20 B(2) below), or as otherwise stipulated or ordered, Disclosure or Discovery
21 Material that qualifies for protection under this Order must be clearly so
22
designated before the material is disclosed or produced.
23
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 8
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 9 of 27 Page ID #:437
1 2. Designation in conformity with this Order requires the
2
following:
3
a. For information in documentary form (e.g., paper
4
or electronic documents, but excluding transcripts of
5
depositions or other pretrial or trial proceedings), that the
6
7 Producing Party affix at a minimum, the legend
8 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”)
9
or “CONFIDENTIAL-ATTORNEYS EYES ONLY”
10
(hereinafter “CONFIDENTIAL-ATTORNEYS EYES ONLY
11
legend”), to each page that contains protected material. If only
12
13 a portion or portions of the material on a page qualifies for
14 protection, the Producing Party also must clearly identify the
15
protected portion(s) (e.g., by making appropriate markings in
16
the margins).
17
b. A Party or Non-Party that makes original
18
documents available for inspection need not designate them for
19
20 protection until after the inspecting Party has indicated which
21 documents it would like copied and produced. During the
22
inspection and before the designation, all of the material made
23
available for inspection shall be deemed “CONFIDENTIAL.”
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 9
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 10 of 27 Page ID #:438
1 After the inspecting Party has identified the documents it
2
wants copied and produced, the Producing Party must
3
determine which documents, or portions thereof, qualify for
4
protection under this Order. Then, before producing the
5
specified documents, the Producing Party must affix the
6
7 “CONFIDENTIAL legend” or “CONFIDENTIAL-
8 ATTORNEYS EYES ONLY legend” to each page that
9
contains Protected Material. If only a portion or portions of
10
the material on a page qualifies for protection, the Producing
11
Party also must clearly identify the protected portion(s) (e.g.,
12
13 by making appropriate markings in the margins).
14 c. For testimony given in depositions, that the
15
Designating Party identify the Disclosure or Discovery
16
Material on the record, before the close of the deposition all
17
protected testimony.
18
d. For information produced in form other than
19
20 document and for any other tangible items, that the Producing
21 Party affix in a prominent place on the exterior of the container
22
or containers in which the information is stored the legend
23
“CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 10
se 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page1lof27 Page ID #:4B9
1 EYES ONLY.” If only a portion or portions of the information
2 warrants protection, the Producing Party, to the extent
practicable, shall identify the protected portion(s).
C. Inadvertent Failure to Designate
6 1. If timely corrected, an inadvertent failure to designate qualified
7 information or items does not, standing alone, waive the Designating
8 Party’s right to secure protection under this Order for such material. Upon
? timely correction of a designation, the Receiving Party must make
10
reasonable efforts to assure that the material is treated in accordance with
11
the provisions of this Order.
13 || VI. CHALLENGING CONFIDENTIALITY DESIGNATIONS
14 A. — Timing of Challenges
15 1. Any party or Non-Party may challenge a designation of
16
confidentiality at any time that is consistent with the Court’s Scheduling
17
Order.
18
19 B. Meet and Confer
20 1. The Challenging Party shall initiate the dispute resolution
at process under Local Rule 37.1 and 37.2 (including the Joint Stipulation
22
requirement).
23
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 11
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 12 of 27 Page ID #:440
1 C. The burden of persuasion in any such challenge proceeding shall be
2
on the Designating Party. Frivolous challenges, and those made for an improper
3
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
4
parties) may expose the Challenging Party to sanctions. Unless the Designating
5
Party has waived or withdrawn the confidentiality designation, all parties shall
6
7 continue to afford the material in question the level of protection to which it is
8 entitled under the Producing Party’s designation until the Court rules on the
9
challenge.
10
VIII. ACCESS TO AND USE OF PROTECTED MATERIAL
11
A. Basic Principles
12
13 1. A Receiving Party may use Protected Material that is disclosed
14 or produced by another Party or by a Non-Party in connection with this
15
Action only for prosecuting, defending, or attempting to settle this Action.
16
Such Protected Material may be disclosed only to the categories of persons
17
and under the conditions described in this Order. When the Action has
18
been terminated, a Receiving Party must comply with the provisions of
19
20 Section XIV below.
21 2. Protected Material must be stored and maintained by a
22
Receiving Party at a location and in a secure manner that ensures that
23
access is limited to the persons authorized under this Order.
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 12
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 13 of 27 Page ID #:441
1 B. Disclosure of “CONFIDENTIAL” Information or Items
2
1. Unless otherwise ordered by the Court or permitted in writing
3
by the Designating Party, a Receiving Party may disclose any information
4
or item designated “CONFIDENTIAL” only to:
5
a. The Receiving Party’s Outside Counsel of Record
6
7 in this Action, as well as employees of said Outside Counsel of
8 Record to whom it is reasonably necessary to disclose the
9
information for this Action;
10
b. The officers, directors, and employees (including
11
House Counsel) of the Receiving Party to whom disclosure is
12
13 reasonably necessary for this Action;
14 c. Experts (as defined in this Order) of the Receiving
15
Party to whom disclosure is reasonably necessary for this
16
Action and who have signed the “Acknowledgment and
17
Agreement to Be Bound” (Exhibit A);
18
d. The Court and its personnel;
19
20 e. Court reporters and their staff;
21 f. Professional jury or trial consultants, mock jurors,
22
and Professional Vendors to whom disclosure is reasonably
23
necessary or this Action and who have signed the
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 13
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 14 of 27 Page ID #:442
1 “Acknowledgment and Agreement to be Bound” attached as
2
Exhibit A hereto;
3
g. The author or recipient of a document containing
4
the information or a custodian or other person who otherwise
5
possessed or knew the information;
6
7 h. During their depositions, witnesses, and attorneys
8 for witnesses, in the Action to whom disclosure is reasonably
9
necessary provided: (i) the deposing party requests that the
10
witness sign the “Acknowledgment and Agreement to Be
11
Bound;” and (ii) they will not be permitted to keep any
12
13 confidential information unless they sign the
14 “Acknowledgment and Agreement to Be Bound,” unless
15
otherwise agreed by the Designating Party or ordered by the
16
Court. Pages of transcribed deposition testimony or exhibits to
17
depositions that reveal Protected Material may be separately
18
bound by the court reporter and may not be disclosed to
19
20 anyone except as permitted under this Stipulated Protective
21 Order; and
22
23
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 14
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 15 of 27 Page ID #:443
1 i. Any mediator or settlement officer, and their
2
supporting personnel, mutually agreed upon by any of the
3
parties engaged in settlement discussions.
4
C. Disclosure of “CONFIDENTIAL-ATTORNEYS EYES ONLY””
5
Information or Items
6
7 1. Unless otherwise ordered by the Court or permitted in writing
8 by the Designating Party, a Receiving Party may disclose any information
9
or item designated “CONFIDENTIAL-ATTORNEYS EYES ONLY” only
10
to:
11
a. The Receiving Party’s Outside Counsel of Record
12
13 in this Action, as well as employees of said Outside Counsel of
14 Record to whom it is reasonably necessary to disclose the
15
information for this Action;
16
b. Experts (as defined in this Order) of the Receiving
17
Party to whom disclosure is reasonably necessary for this
18
Action and who have signed the “Acknowledgment and
19
20 Agreement to Be Bound” (Exhibit A);
21 c. The Court and its personnel;
22
d. Court reporters and their staff;
23
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 15
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 16 of 27 Page ID #:444
1 e. Professional jury or trial consultants, mock jurors,
2
and Professional Vendors to whom disclosure is reasonably
3
necessary or this Action and who have signed the
4
“Acknowledgment and Agreement to be Bound” attached as
5
Exhibit A hereto;
6
7 f. The author or recipient of a document containing
8 the information or a custodian or other person who otherwise
9
possessed or knew the information;
10
g. During their depositions, witnesses, and attorneys
11
for witnesses, in the Action to whom disclosure is reasonably
12
13 necessary provided: (i) the deposing party requests that the
14 witness sign the “Acknowledgment and Agreement to Be
15
Bound;” and (ii) they will not be permitted to keep any
16
confidential information unless they sign the
17
“Acknowledgment and Agreement to Be Bound,” unless
18
otherwise agreed by the Designating Party or ordered by the
19
20 Court. Pages of transcribed deposition testimony or exhibits to
21 depositions that reveal Protected Material may be separately
22
bound by the court reporter and may not be disclosed to
23
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 16
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 17 of 27 Page ID #:445
1 anyone except as permitted under this Stipulated Protective
2
Order; and
3
h. Any mediator or settlement officer, and their
4
supporting personnel, mutually agreed upon by any of the
5
parties engaged in settlement discussions.
6
7 IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
8
A. If a Party is served with a subpoena or a court order issued in other
9
10 litigation that compels disclosure of any information or items designated in this
11 Action as “CONFIDENTIAL,” or “CONFIDENTIAL-ATTORNEYS EYES
12
ONLY” that Party must:
13
1. Promptly notify in writing the Designating Party. Such
14
notification shall include a copy of the subpoena or court order;
15
2. Promptly notify in writing the party who caused the subpoena
16
17 or order to issue in the other litigation that some or all of the material
18 covered by the subpoena or order is subject to this Protective Order. Such
19
notification shall include a copy of this Stipulated Protective Order; and
20
3. Cooperate with respect to all reasonable procedures sought to
21
be pursued by the Designating Party whose Protected Material may be
22
23 affected.
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 17
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 18 of 27 Page ID #:446
1
B. If the Designating Party timely seeks a protective order, the Party
2 served with the subpoena or court order shall not produce any information
3 designated in this action as “CONFIDENTIAL” or “CONFIDENTIAL-
ATTORNEYS EYES ONLY” before a determination by the Court from which the
4
subpoena or order issued, unless the Party has obtained the Designating Party’s
5
permission. The Designating Party shall bear the burden and expense of seeking
6
protection in that court of its confidential material and nothing in these provisions
7 should be construed as authorizing or encouraging a Receiving Party in this
8 Action to disobey a lawful directive from another court.
C. Nothing in this protective order shall be construed as authorizing or
9
encouraging a party to disobey a lawful subpoena or court order issued in another
10
action.
11
12 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
13 PRODUCED IN THIS LITIGATION
14 A. The terms of this Order are applicable to information produced by a
15
Non-Party in this Action and designated as “CONFIDENTIAL” or
16
“CONFIDENTIAL-ATTORNEYS EYES ONLY” Such information produced by
17
Non-Parties in connection with this litigation is protected by the remedies and
18
19 relief provided by this Order. Nothing in these provisions should be construed as
20 prohibiting a Non-Party from seeking additional protections.
21
B. In the event that a Party is required, by a valid discovery request, to
22
produce a Non-Party’s confidential information in its possession, and the Party is
23
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 18
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 19 of 27 Page ID #:447
1 subject to an agreement with the Non-Party not to produce the Non-Party’s
2
confidential information, then the Party shall:
3
1. Promptly notify in writing the Requesting Party and the
4
Non-Party that some or all of the information requested is subject to a
5
confidentiality agreement with a Non-Party;
6
7 2. Promptly provide the Non-Party with a copy of the
8 Stipulated Protective Order in this Action, the relevant discovery
9
request(s), and a reasonably specific description of the information
10
requested; and
11
3. Make the information requested available for inspection
12
13 by the Non-Party, if requested.
14 C. If the Non-Party fails to seek a protective order from this court within
15
14 days of receiving the notice and accompanying information, the Receiving
16
Party may produce the Non-Party’s confidential information responsive to the
17
discovery request. If the Non-Party timely seeks a protective order, the Receiving
18
Party shall not produce any information in its possession or control that is subject
19
20 to the confidentiality agreement with the Non-Party before a determination by the
21 court. Absent a court order to the contrary, the Non-Party shall bear the burden
22
and expense of seeking protection in this court of its Protected Material.
23
XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 19
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 20 of 27 Page ID #:448
1 A. If a Receiving Party learns that, by inadvertence or otherwise, it has
2
disclosed Protected Material to any person or in any circumstance not authorized
3
under this Stipulated Protective Order, the Receiving Party must immediately (1)
4
notify in writing the Designating Party of the unauthorized disclosures, (2) use its
5
best efforts to retrieve all unauthorized copies of the Protected Material, (3)
6
7 inform the person or persons to whom unauthorized disclosures were made of all
8 the terms of this Order, and (4) request such person or persons to execute the
9
“Acknowledgment and Agreement to be Bound” that is attached hereto as Exhibit
10
A.
11
XII. INADVERTENT PRODUCTION OF PRIVILEGED OR
12
OTHERWISE PROTECTED MATERIAL
13
A. When a Producing Party gives notice to Receiving Parties that certain
14
inadvertently produced material is subject to a claim of privilege or other
15
protection, the obligations of the Receiving Parties are those set forth in Federal
16
17 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
18 whatever procedure may be established in an e-discovery order that provides for
19
production without prior privilege review. Pursuant to Federal Rule of Evidence
20
502(d) and (e), insofar as the parties reach an agreement on the effect of
21
disclosure of a communication or information covered by the attorney-client
22
23 privilege or work product protection, the parties may incorporate their agreement
24 in the Stipulated Protective Order submitted to the Court.
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 20
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 21 of 27 Page ID #:449
1 XIII. MISCELLANEOUS
2
A. Right to Further Relief
3
1. Nothing in this Order abridges the right of any person to seek
4
its modification by the Court in the future.
5
B. Right to Assert Other Objections
6
7 1. By stipulating to the entry of this Protective Order, no Party
8 waives any right it otherwise would have to object to disclosing or
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producing any information or item on any ground not addressed in this
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Stipulated Protective Order. Similarly, no Party waives any right to object
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on any ground to use in evidence of any of the material covered by this
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13 Protective Order.
14 C. Filing Protected Material
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1. A Party that seeks to file under seal any Protected Material
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must comply with Civil Local Rule 79-5. Protected Material may only be
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filed under seal pursuant to a court order authorizing the sealing of the
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specific Protected Material at issue. If a Party's request to file Protected
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20 Material under seal is denied by the Court, then the Receiving Party may
21 file the information in the public record unless otherwise instructed by the
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Court.
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XIV. FINAL DISPOSITION
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[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 21
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 22 of 27 Page ID #:450
1 A. After the final disposition of this Action, as defined in Section V,
2
within sixty (60) days of a written request by the Designating Party, each
3
Receiving Party must return all Protected Material to the Producing Party or
4
destroy such material. As used in this subdivision, “all Protected Material”
5
includes all copies, abstracts, compilations, summaries, and any other format
6
7 reproducing or capturing any of the Protected Material. Whether the Protected
8 Material is returned or destroyed, the Receiving Party must submit a written
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certification to the Producing Party (and, if not the same person or entity, to the
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Designating Party) by the 60 day deadline that (1) identifies (by category, where
11
appropriate) all the Protected Material that was returned or destroyed and (2)
12
13 affirms that the Receiving Party has not retained any copies, abstracts,
14 compilations, summaries or any other format reproducing or capturing any of the
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Protected Material. Notwithstanding this provision, Counsel are entitled to retain
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an archival copy of all pleadings, motion papers, trial, deposition, and hearing
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transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
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reports, attorney work product, and consultant and expert work product, even if
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20 such materials contain Protected Material. Any such archival copies that contain
21 or constitute Protected Material remain subject to this Protective Order as set forth
22
in Section V.
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[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 22
se 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 23 0f27 Page ID #:451
1 B. — Any violation of this Order may be punished by any and all
2 appropriate measures including, without limitation, contempt proceedings and/or
monetary sanctions.
5
7 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
9 Dated: June 30, 2022
CISLO & THOMAS LLP
10
By:_/s/ Daniel M. Cislo
11 DANIEL M. CISLO (SBN 125378)
b dan@cislo.com
KATHERINE M. BOND (SBN 263020)
13 kbond@cislo.com
12100 Wilshire Blvd., Ste. 1700
14 Los Angeles, CA 90025
1s Telephone: (310) 979-9190
16 COATS + BENNETT PLLC
17 By:_/s/ Gavin B. Parsons
GAVIN B. PARSONS (Admitted pro hac vice)
18 gparsons@coatsandbennett.com
19 DAVID E. BENNETT (Admitted pro hac vice)
dbennett@coatsandbennett.com
20 DAVID D. KALISH (Admitted pro hac vice)
dkalish@coatsandbennett.com
21 1400 Crescent Green, Suite 300
99 Cary, North Carolina 27518
Telephone: (919) 854-1844
23 Attorneys for Defendant
D4 ETN CAPITAL, LLC d/b/a BEECH LANE
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 23
se 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 24 of 27 Page ID #:452
MICHELMAN & ROBINSON, LLP
3 By:_Jeffrey D. Farrow (with permission)
JEFFREY D. FARROW (SBN 180019)
4 jfarrow@mrllp.com
17901 Von Karman Ave., St 1000
5 Irvine, CA 92614
6 Telephone: (714) 557-7990
Facsimile: (714) 557-7991
By: Timothy J. Gorry (with permission)
8 TIMOTHY J. GoRRY (SBN 143797)
9 tgorry@mrllp.com
10880 Wilshire Blvd.,19th Floor
10 Los Angeles, CA 90024
Telephone: (310) 299-5500
11 Facsimile: (310) 299-5600
we Attorneys for Plaintiff
13 S&B FILTERS, INC.
14
15 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
1 aly
Dated:__ July 5, 2022
17 HONORABLE KENLY KIYA KATO
9 United States Magistrate Judge
1
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[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 24
se 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 25o0f27 Page ID #:453
1 EXHIBIT A
> ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
° I, [print or type full name], of
[print or type full address], declare under penalty of perjury
6 || that I have read in its entirety and understand the Stipulated Protective Order that
7 || was issue by the United States District Court for the Central District of California
8 |! on [DATE] in the case of [insert formal name of
? the case and the number and initials assigned to it by the Court]. I agree to
comply with and to be bound by all the terms of this Stipulated Protective Order
11
and I understand and acknowledge that failure to so comply could expose me to
13 || Sanctions and punishment in the nature of contempt. I solemnly promise that I
14 || will not disclose in any manner any information or item that is subject to this
15 Stipulated Protective Order to any person or entity except in strict compliance
re with the provisions of this Order.
. I further agree to submit to the jurisdiction of the United States District
19 Court for the Central District of California for the purpose of enforcing the terms
20 || of this Stipulated Protective Order, even if such enforcement proceedings occur
21 |! after termination of this action. I hereby appoint
22 [print or type full name] of [print or type full
~ address and telephone number] as my California agent for service of process in
24
[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 25
Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 26 of 27 Page ID #:454
1 connection with this action or any proceedings related to enforcement of this
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Stipulated Protective Order.
3
Date:
4
City and State where sworn and signed:
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Printed Name:
6
7 Signature:
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[PROPOSED] ORDER ENTERING
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[PROPOSED] ORDER ENTERING
STIPULATED PROTECTIVE ORDER 27