even stipulated protective orders require 26 good cause showing
How later courts described this case
- even stipulated protective orders require 26 good cause showing
Written by the judges who cited it.
The opinion
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 1 of 17 Page ID #:146
1 Scott Alan Burroughs (SBN 235718)
scott@donigerlawfirm.com
2
Frank R. Trechsel (SBN 312199
3 ftrechsel@donigerlawfirm.com
DONIGER / BURROUGHS
4
603 Rose Avenue
5 Venice California 90291
6
Attorneys for Plaintiffs
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
ITASCA IMAGES, LLC,
11
Case No. 2:22-cv-00875-MWF (ASx)
12 Plaintiff, Referred to Hon. Michael W. Fitzgerald
Magistrate: Alka Sagar
13
v.
14
15 123RF, LLC; et al., PROTECTIVE ORDER
16 Defendants.
17
18
19
20
21
22
23
24
25
26
27
28
-1-
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 2 of 17 Page ID #:147
1. A. PURPOSES AND LIMITATIONS
1
Discovery in this action is likely to involve production of confidential,
2
proprietary, or private information for which special protection from public
3
disclosure and from use for any purpose other than prosecuting this litigation may be
4
warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter
5
the following Stipulated Protective Order. The parties acknowledge that this Order
6
does not confer blanket protections on all disclosures or responses to discovery and
7
that the protection it affords from public disclosure and use extends only to the
8
limited information or items that are entitled to confidential treatment under the
9
applicable legal principles. The parties further acknowledge, as set forth in Section
10
12.3, below, that this Stipulated Protective Order does not entitle them to file
11
confidential information under seal; Civil Local Rule 79-5 sets forth the procedures
12
that must be followed and the standards that will be applied when a party seeks
13
permission from the court to file material under seal.
14
B. GOOD CAUSE STATEMENT
15
This action is likely to involve trade secrets, customer and pricing lists and
16
other valuable research, development, commercial, financial, technical and/or
17
proprietary information for which special protection from public disclosure and from
18
use for any purpose other than prosecution of this action is warranted. Such
19
confidential and proprietary materials and information consist of, among other
20
things, confidential business or financial information, information regarding
21
confidential business practices, or other confidential research, development, or
22
commercial information (including information implicating privacy rights of third
23
parties), information otherwise generally unavailable to the public, or which may be
24
privileged or otherwise protected from disclosure under state or federal statutes,
25
court rules, case decisions, or common law. Accordingly, to expedite the flow of
26
information, to facilitate the prompt resolution of disputes over confidentiality of
27
discovery materials, to adequately protect information the parties are entitled to keep
28
-2-
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 3 of 17 Page ID #:148
confidential, to ensure that the parties are permitted reasonable necessary uses of
1
such material in preparation for and in the conduct of trial, to address their handling
2
at the end of the litigation, and serve the ends of justice, a protective order for such
3
information is justified in this matter. It is the intent of the parties that information
4
will not be designated as confidential for tactical reasons and that nothing be so
5
designated without a good faith belief that it has been maintained in a confidential,
6
non-public manner, and there is good cause why it should not be part of the public
7
record of this case. The parties understand and acknowledge that this Protective
8
Order does not govern the use of materials at trial. Any motions for protective order
9
or requests that documents be maintained under seal must be made to the judicial
10
officer handling the trial. Prior to trial, the parties shall meet and confer to discuss
11
how to handle Protected Material at trial, and may seek additional relief from the
12
Court.
13
14
C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
15
The parties further acknowledge, as set forth in Section 12.3, below, that this
16
Stipulated Protective Order does not entitle them to file confidential information
17
under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
18
and the standards that will be applied when a party seeks permission from the court
19
to file material under seal.
20
There is a strong presumption that the public has a right of access to judicial
21
proceedings and records in civil cases. In connection with non-dispositive motions,
22
good cause must be shown to support a filing under seal. See Kamakana v. City and
23
County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
24
Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
25
Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require
26
good cause showing), and a specific showing of good cause or compelling reasons
27
with proper evidentiary support and legal justification, must be made with respect to
28
-3-
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 4 of 17 Page ID #:149
Protected Material that a party seeks to file under seal. The parties’ mere designation
1
of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY
2
CONFIDENTIAL does not—without the submission of competent evidence by
3
declaration, establishing that the material sought to be filed under seal qualifies as
4
confidential, privileged, or otherwise protectable—constitute good cause.
5
Further, if a party requests sealing related to a dispositive motion or trial, then
6
compelling reasons, not only good cause, for the sealing must be shown, and the
7
relief sought shall be narrowly tailored to serve the specific interest to be protected.
8
See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
9
each item or type of information, document, or thing sought to be filed or introduced
10
under seal in connection with a dispositive motion or trial, the party seeking
11
protection must articulate compelling reasons, supported by specific facts and legal
12
justification, for the requested sealing order. Again, competent evidence supporting
13
the application to file documents under seal must be provided by declaration.
14
Any document that is not confidential, privileged, or otherwise protectable in
15
its entirety will not be filed under seal if the confidential portions can be redacted. If
16
documents can be redacted, then a redacted version for public viewing, omitting
17
only the confidential, privileged, or otherwise protectable portions of the document,
18
shall be filed. Any application that seeks to file documents under seal in their
19
entirety should include an explanation of why redaction is not feasible.
20
21
2. DEFINITIONS
22
2.1 Action: This pending federal lawsuit, Itasca Images, LLC v. 123RF,
23
LLC, et al. Case No. 22-cv-875 MWF (ASx)
24
2.2 Challenging Party: a Party or Non-Party that challenges the designation
25
of information or items under this Order.
26
2.3.1 “CONFIDENTIAL” Information or Items: information (regardless of
27
how it is generated, stored or maintained) or tangible things that qualify for
28
-4-
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 5 of 17 Page ID #:150
protection under Federal Rule of Civil Procedure 26(c), and as specified above in the
1
Good Cause Statement.
2
2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
3
their support staff).
4
2.5 Designating Party: a Party or Non-Party that designates information or
5
items that it produces in disclosures or in responses to discovery as
6
“CONFIDENTIAL.”
7
2.6 Disclosure or Discovery Material: all items or information, regardless
8
of the medium or manner in which it is generated, stored, or maintained (including,
9
among other things, testimony, transcripts, and tangible things), that are produced or
10
generated in disclosures or responses to discovery in this matter.
11
2.7 Expert: a person with specialized knowledge or experience in a matter
12
pertinent to the litigation who has been retained by a Party or its counsel to serve as
13
an expert witness or as a consultant in this Action.
14
15 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
Information or Items: extremely sensitive “CONFIDENTIAL” Information or
16
Items, the disclosure of which to another Party or Non-Party would create a
17
substantial risk of serious harm that could not be avoided by less restrictive means.
18
2.9 House Counsel: attorneys who are employees of a party to this Action.
19
House Counsel does not include Outside Counsel of Record or any other outside
20
counsel.
21
2.10 Non-Party: any natural person, partnership, corporation, association or
22
other legal entity not named as a Party to this action.
23
2.11 Outside Counsel of Record: attorneys who are not employees of a party
24
to this Action but are retained to represent or advise a party to this Action and have
25
appeared in this Action on behalf of that party or are affiliated with a law firm that
26
has appeared on behalf of that party, and includes support staff.
27
2.12 Party: any party to this Action, including all of its officers, directors,
28
-5-
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 6 of 17 Page ID #:151
employees, consultants, retained experts, and Outside Counsel of Record (and their
1
support staffs).
2
2.13 Producing Party: a Party or Non-Party that produces Disclosure or
3
Discovery Material in this Action.
4
2.14 Professional Vendors: persons or entities that provide litigation support
5
services (e.g., photocopying, videotaping, translating, preparing exhibits or
6
demonstrations, and organizing, storing, or retrieving data in any form or medium)
7
and their employees and subcontractors.
8
2.15 Protected Material: any Disclosure or Discovery Material that is
9
designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
10
ATTORNEYS’ EYES ONLY.”
11
2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
12
from a Producing Party.
13
3. SCOPE
14
The protections conferred by this Stipulation and Order cover not only
15
Protected Material (as defined above), but also (1) any information copied or
16
extracted from Protected Material; (2) all copies, excerpts, summaries, or
17
compilations of Protected Material; and (3) any testimony, conversations, or
18
presentations by Parties or their Counsel that might reveal Protected Material.
19
Any use of Protected Material at trial shall be governed by the orders of the
20
trial judge. This Order does not govern the use of Protected Material at trial.
21
22
4. DURATION
23
Even after the termination of this action, the confidentiality obligations
24
imposed by this Order shall remain in full force and effect unless modified by Court
25
Order or the written stipulation of the parties filed with the Court. Termination shall
26
be deemed to be the later of (1) dismissal of all claims and defenses in this Action,
27
28
-6-
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 7 of 17 Page ID #:152
with or without prejudice; or (2) final judgment after the completion and exhaustion
1
of all appeals, re-hearings, remands, trials, or reviews of this Action, including the
2
time limits for filing any motions or applications for extension of time pursuant to
3
4
applicable law.
5
5. DESIGNATING PROTECTED MATERIAL
6
5.1 Exercise of Restraint and Care in Designating Material for Protection.
7
Each Party or Non-Party that designates information or items for protection under
8
this Order must take care to limit any such designation to specific material that
9
qualifies under the appropriate standards. The Designating Party must designate for
10
protection only those parts of material, documents, items or oral or written
11
communications that qualify so that other portions of the material, documents, items
12
or communications for which protection is not warranted are not swept unjustifiably
13
within the ambit of this Order.
14
Mass, indiscriminate or routinized designations are prohibited. Designations
15
that are shown to be clearly unjustified or that have been made for an improper
16
purpose (e.g., to unnecessarily encumber the case development process or to impose
17
unnecessary expenses and burdens on other parties) may expose the Designating
18
Party to sanctions.
19
If it comes to a Designating Party’s attention that information or items that it
20
designated for protection do not qualify for protection, that Designating Party must
21
promptly notify all other Parties that it is withdrawing the inapplicable designation.
22
5.2 Manner and Timing of Designations. Except as otherwise provided in
23
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
24
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
25
under this Order must be clearly so designated before the material is disclosed or
26
produced.
27
Designation in conformity with this Order requires:
28
-7-
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 8 of 17 Page ID #:153
(a) for information in documentary form (e.g., paper or electronic
1
documents, but excluding transcripts of depositions or other pretrial or trial
2
proceedings), that the Producing Party affix at a minimum, the legend
3
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
4
ONLY”, as may be appropriate, to each page that contains protected material. If only
5
a portion of the material on a page qualifies for protection, the Producing Party also
6
must clearly identify the protected portion(s) (e.g., by making appropriate markings
7
in the margins).
8
A Party or Non-Party that makes original documents available for inspection
9
need not designate them for protection until after the inspecting Party has indicated
10
which documents it would like copied and produced. During the inspection and
11
before the designation, all of the material made available for inspection shall be
12
deemed “CONFIDENTIAL.” After the inspecting Party has identified the
13
documents it wants copied and produced, the Producing Party must determine which
14
documents, or portions thereof, qualify for protection under this Order. Then, before
15
producing the specified documents, the Producing Party must affix the
16
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
17
ONLY” legend to each page that contains Protected Material. If only a portion of the
18
material on a page qualifies for protection, the Producing Party also must clearly
19
identify the protected portion(s) (e.g., by making appropriate markings in the
20
margins).
21
If the information is contained in a file format that does not reasonably allow
22
for the affixing of such legend, then the Producing Party may designate for the
23
protection of the information within such file by stating such designation via the
24
transmittal email or by letter, or by producing a slip sheet which identifies the bates
25
number of the file in question and the confidentiality designation for that file.
26
(b) for testimony given in depositions, before the close of the deposition all
27
protected testimony. In the event that the parties fail to designate testimony as
28
-8-
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 9 of 17 Page ID #:154
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
1
ONLY” prior to the close of the deposition, the deposition transcript shall be
2
deemed “CONFIDENTIAL” for twenty-one (21) days after the receipt of the official
3
transcript. If neither Party designates the deposition (or portions thereof) as
4
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
5
ONLY” during the twenty-one (21) day period, the deposition will be deemed not to
6
be confidential.
7
(c) for information produced in some form other than documentary and for
8
any other tangible items, that the Producing Party affix in a prominent place on the
9
exterior of the container or containers in which the information is stored the legend
10
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
11
ONLY,” as may be appropriate. If only a portion or portions of the information
12
warrants protection, the Producing Party, to the extent practicable, shall identify the
13
protected portion(s).
14
5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
15
failure to designate qualified information or items does not, standing alone, waive
16
the Designating Party’s right to secure protection under this Order for such material.
17
Upon timely correction of a designation, the Receiving Party must make reasonable
18
efforts to assure that the material is treated in accordance with the provisions of this
19
Order.
20
21
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
22
6.1 Timing of Challenges. Any Party or Non-Party may challenge a
23
designation of confidentiality at any time that is consistent with the Court’s
24
Scheduling Order.
25
6.2 Meet and Confer. The Challenging Party shall initiate the informal
26
dispute resolution process set forth in the Court's Procedures and Schedules. see
27
http://www.cacd.uscourts.gov/honorable-alka-sagar.
28
-9-
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 10 of 17 Page ID #:155
6.3 The burden of persuasion in any such challenge proceeding shall be on
1
the Designating Party. Frivolous challenges, and those made for an improper
2
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
3
parties) may expose the Challenging Party to sanctions. Unless the Designating
4
Party has waived or withdrawn the confidentiality designation, all parties shall
5
continue to afford the material in question the level of protection to which it is
6
entitled under the Producing Party’s designation until the Court rules on the
7
challenge.
8
9
7. ACCESS TO AND USE OF PROTECTED MATERIAL
10
7.1 Basic Principles. A Receiving Party may use Protected Material that is
11
disclosed or produced by another Party or by a Non-Party in connection with this
12
Action only for prosecuting, defending or attempting to settle this Action. Such
13
Protected Material may be disclosed only to the categories of persons and under the
14
conditions described in this Order. When the Action has been terminated, a
15
Receiving Party must comply with the provisions of section 13 below (FINAL
16
DISPOSITION).
17
Protected Material must be stored and maintained by a Receiving Party at a
18
location and in a secure manner that ensures that access is limited to the persons
19
authorized under this Order.
20
7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
21
otherwise ordered by the court or permitted in writing by the Designating Party, a
22
Receiving Party may disclose any information or item designated
23
“CONFIDENTIAL” only to:
24
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well
25
as employees of said Outside Counsel of Record to whom it is reasonably necessary
26
to disclose the information for this Action;
27
(b) the officers, directors, and employees (including House Counsel) of the
28
-10-
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 11 of 17 Page ID #:156
Receiving Party to whom disclosure is reasonably necessary for this Action;
1
(c) Experts (as defined in this Order) of the Receiving Party to whom
2
disclosure is reasonably necessary for this Action and who have signed the
3
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
4
(d) the court and its personnel;
5
(e) court reporters and their staff;
6
(f) professional jury or trial consultants, mock jurors, and Professional
7
Vendors to whom disclosure is reasonably necessary for this Action and who have
8
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9
(g) the author or recipient of a document containing the information or a
10
custodian or other person who otherwise possessed or knew the information;
11
(h) during their depositions, witnesses, and attorneys for witnesses, in the
12
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
13
requests that the witness sign the form attached as Exhibit A hereto; and (2) they
14
will not be permitted to keep any confidential information unless they sign the
15
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
16
agreed by the Designating Party or ordered by the court. Pages of transcribed
17
deposition testimony or exhibits to depositions that reveal Protected Material may be
18
separately bound by the court reporter and may not be disclosed to anyone except as
19
permitted under this Stipulated Protective Order; and
20
(i) any mediator or settlement officer, and their supporting personnel,
21
mutually agreed upon by any of the parties engaged in settlement discussions.
22
7.2 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
23
ONLY” Information or Items. Materials designated as “HIGHLY CONFIDENTIAL
24
– ATTORNEYS’ EYES ONLY” may be disclosed only to the people listed above in
25
paragraphs 7.2(a), (c)-(g), (i), or as ordered by the Court or agreed to by the Parties.
26
For the avoidance of any doubt, any information or item designated “HIGHLY
27
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may not be disclosed to the
28
-11-
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 12 of 17 Page ID #:157
Receiving Party’s House Counsel unless the Receiving Party’s House Counsel
1
satisfies the criteria of 7.2(g).
2
Nothing in this Order shall preclude any Parties or their attorneys from
3
disclosing or using any material or documents from that Party’s own files which the
4
Party itself has designated as Protected Material; however, neither Party shall be
5
permitted to disclose material or documents that both Parties have designated as
6
Protected Material. No information that is in the public domain shall be subject to
7
this Order.
8
9
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
10
IN OTHER LITIGATION
11
If a Party is served with a subpoena or a court order issued in other litigation
12
that compels disclosure of any information or items designated in this Action as
13
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
14
ONLY,” that Party must:
15
(a) promptly notify in writing the Designating Party. Such notification
16
shall 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
a copy of this Stipulated Protective Order; and
21
(c) cooperate with respect to all reasonable procedures sought to be
22
pursued by the Designating Party whose Protected Material may be affected.
23
If the Designating Party timely seeks a protective order, the Party served with
24
the subpoena or court order shall not produce any information designated in this
25
action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
26
EYES ONLY” before a determination by the court from which the subpoena or
27
order issued, unless the Party has obtained the Designating Party’s permission. The
28
-12-
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 13 of 17 Page ID #:158
Designating Party shall bear the burden and expense of seeking protection in that
1
court of its confidential material and nothing in these provisions should be construed
2
as authorizing or encouraging a Receiving Party in this Action to disobey a lawful
3
directive from another court.
4
5
9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
6
PRODUCED IN THIS LITIGATION
7
(a) The terms of this Order are applicable to information produced by a
8
Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
9
produced by Non-Parties in connection with this litigation is protected by the
10
remedies and relief provided by this Order. Nothing in these provisions should be
11
construed as prohibiting a Non-Party from seeking additional protections.
12
(b) In the event that a Party is required, by a valid discovery request, to
13
produce a Non-Party’s confidential information in its possession, and the Party is
14
subject to an agreement with the Non-Party not to produce the Non-Party’s
15
confidential information, then the Party shall:
16
(1) promptly notify in writing the Requesting Party and the Non-Party
17
that some or all of the information requested is subject to a confidentiality agreement
18
with a Non-Party;
19
(2) promptly provide the Non-Party with a copy of the Stipulated
20
Protective Order in this Action, the relevant discovery request(s), and a reasonably
21
specific description of the information requested; and
22
(3) make the information requested available for inspection by the Non-
23
Party, if requested.
24
(c) If the Non-Party fails to seek a protective order from this court within
25
14 days of receiving the notice and accompanying information, the Receiving Party
26
may produce the Non-Party’s confidential information responsive to the discovery
27
request. If the Non-Party timely seeks a protective order, the Receiving Party shall
28
-13-
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 14 of 17 Page ID #:159
not produce any information in its possession or control that is subject to the
1
confidentiality agreement with the Non-Party before a determination by the court.
2
Absent a court order to the contrary, the Non-Party shall bear the burden and
3
expense of seeking protection in this court of its Protected Material.
4
5
10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
6
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
7
Protected Material to any person or in any circumstance not authorized under this
8
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
9
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
10
to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
11
persons to whom unauthorized disclosures were made of all the terms of this Order,
12
and (d) request such person or persons to execute the “Acknowledgment and
13
Agreement to Be Bound” that is attached hereto as Exhibit A.
14
15
11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
16
PROTECTED MATERIAL
17
When a Producing Party gives notice to Receiving Parties that certain
18
inadvertently produced material is subject to a claim of privilege or other protection,
19
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
20
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
21
may be established in an e-discovery order that provides for production without prior
22
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
23
parties reach an agreement on the effect of disclosure of a communication or
24
information covered by the attorney-client privilege or work product protection, the
25
parties may incorporate their agreement in the stipulated protective order submitted
26
to the court.
27
12. MISCELLANEOUS
28
-14-
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 15 of 17 Page ID #:160
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
1
person to seek its modification by the Court in the future.
2
12.2 Right to Assert Other Objections. By stipulating to the entry of this
3
Protective Order, no Party waives any right it otherwise would have to object to
4
disclosing or producing any information or item on any ground not addressed in this
5
Stipulated Protective Order. Similarly, no Party waives any right to object on any
6
ground to use in evidence of any of the material covered by this Protective Order.
7
12.3 Filing Protected Material. A Party that seeks to file under seal any
8
Protected Material must comply with Local Civil Rule 79-5. Protected Material may
9
only be filed under seal pursuant to a court order authorizing the sealing of the
10
specific Protected Material at issue. If a Party’s request to file Protected Material
11
under seal is denied by the court, then the Receiving Party may file the information
12
in the public record unless otherwise instructed by the court
13
13. FINAL DISPOSITION
14
After the final disposition of this Action, as defined above in Section 4, within
15
sixty (60) days of a written request by the Designating Party, each Receiving Party
16
must return all Protected Material to the Producing Party or destroy such material.
17
As used in this subdivision, “all Protected Material” includes all copies, abstracts,
18
19 compilations, summaries, and any other format of Protected Material (including any
20 reproducing or capturing any of the Protected Material). Whether the Protected
21 Material is returned or destroyed, the Receiving Party must submit a written
22 certification to the Producing Party (and, if not the same person or entity, to the
23 Designating Party) by the sixty (60) day deadline that (1) identifies (by category,
24 where appropriate) all the Protected Material that was returned or destroyed and (2)
25 affirms that the Receiving Party has not retained any copies, abstracts, compilations,
26 summaries or any other format of the Protected Material (including any reproducing
27 or capturing any of the Protected Material). Notwithstanding this provision, Counsel
28
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STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 16 of 17 Page ID #:161
are entitled to retain an archival copy of all pleadings, motion papers, trial,
1
deposition, and hearing transcripts, legal memoranda, correspondence, deposition
2
and trial exhibits, expert reports, attorney work product, and consultant and expert
3
work product, even if such materials contain Protected Material. Any such archival
4
copies that contain or constitute Protected Material remain subject to this Order.
5
6 14. VIOLATION
7 Any violation of this Order may be punished by any and all appropriate
8 measures including, without limitation, contempt proceedings and/or monetary
9 sanctions.
10
11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
12
Dated: August 8, 2022 By: /s/ Frank R. Trechsel
13
Scott Alan Burroughs, Esq.
14 Frank R. Trechsel, Esq.
Attorneys for Plaintiffs
15
16 Dated: August 8, 2022 By: /s/ Gabriella N. Ismaj
Bradley J. Mullins, Esq.
17
Gabriella N. Ismaj, Esq.
18 Attorneys for Defendants
19
20
21
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
22
23
Date: _A_u_g_u_s_t_ 9_,_ 2_0_2_2_____ ______/_ s_ /_ S__ag_a_r________________
24 HON. ALKA SAGAR
U.S. MAGISTRATE JUDGE
25
26
27
28
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STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 17 of 17 Page ID #:162
EXHIBIT A
1
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2
I, _____________________________ [print or type full name], of
3
_________________ [print or type full address], declare under penalty of perjury
4
that I have read in its entirety and understand the Stipulated Protective Order that
5
was issued by the United States District Court for the Central District of California
6
on [date] in the case of Itasca Images, LLC v. 123RF, LLC, et al. Case No. 22-cv-
7
875 MWF (ASx). I agree to comply with and to be bound by all the terms of this
8
Stipulated Protective Order and I understand and acknowledge that failure to so
9
comply could expose me to sanctions and punishment in the nature of contempt. I
10
solemnly promise that I will not disclose in any manner any information or item that
11
is subject to this Stipulated Protective Order to any person or entity except in strict
12
compliance with the provisions of this Order.
13
I further agree to submit to the jurisdiction of the United States District Court
14
for the Central District of California for enforcing the terms of this Stipulated
15
Protective Order, even if such enforcement proceedings occur after termination of
16
this action. I hereby appoint __________________________ [print or type full
17
name] of _______________________________________ [print or type full address
18
and telephone number] as my California agent for service of process in connection
19
with this action or any proceedings related to enforcement of this Stipulated
20
Protective Order.
21
Date: ______________________________________
22
City and State where sworn and signed: _________________________________
23
24
Printed name: _______________________________
25
26
Signature: __________________________________
27
28
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STIPULATED PROTECTIVE ORDER