The opinion
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 1 of 20 Page ID #:323
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
CENTRAL DISTRICT OF CALIFORNIA
9
10 WIXEN MUSIC UK LTD., a UK
limited corporation, Case No. 2:21-cv-02663 ODW
11 (MRWx)
Plaintiff,
12
v. STIPULATED PROTECTIVE
13 ORDER
TRANSPARENCE
14 ENTERTAINMENT GROUP INC., a (MRW VERSION 4/19)
California corporation; DENNIS
15 DREITH, an individual; SHARI
HOFFMAN, an individual; and ☐ Check if submitted without
16 TANIA OLIVEIRA, NÉE material modifications to MRW form
WOODCOCK, an individual; and
17 Does 1 through 10, inclusive,
18 Defendants.
19
20
21
22
23
24
25
26
27
28
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 2 of 20 Page ID #:324
1 1. INTRODUCTION
2 1.1 PURPOSES AND LIMITATIONS
3 Disclosure and discovery activity in this action is likely to involve production
4 of confidential, proprietary, or private information for which special protection from
5 public disclosure and from use for any purpose other than prosecuting this litigation
6 may be warranted. Accordingly, the parties hereby stipulate to and petition the Court
7 to enter the following Stipulated Protective Order. The parties acknowledge that this
8 Order does not confer blanket protections on all disclosures or responses to discovery
9 and that the protection it affords from public disclosure and use extends only to the
10 limited information or items that are entitled to confidential treatment under the
11 applicable legal principles. The parties further acknowledge, as set forth in Section
12 12.3, below, that this Stipulated Protective Order does not entitle them to file
13 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures
14 that must be followed and the standards that will be applied in this non-sealed civil
15 case when a party or non-party seeks permission from the court to file material under
16 seal.
17 1.2 GOOD CAUSE STATEMENT
18 (a) “CONFIDENTIAL” Designations: The parties anticipate that
19 discovery in this matter may involve disclosure of personal phone numbers, personal
20 email addresses, other personal identifying information that would cause harm if
21 made part of the public record, and information otherwise generally unavailable to the
22 public, or which may be privileged or otherwise protected from disclosure under state
23 or federal statutes, court rules, case decisions, or common law. In order to protect
24 from the irreparable harm resulting from the disclosure of such material, these types
25 of personal information may be properly designated confidential.
26 (b) “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
27 Designations: The parties anticipate there may be documents that are of an extremely
28
2
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 3 of 20 Page ID #:325
1 sensitive nature that would cause substantial and concrete competitive injury if
2 disclosed to an opposing party in this litigation and that such injury could not be
3 avoided by less restrictive means. The types of documents that might warrant a
4 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Designation, assuming they
5 otherwise meet the above criteria, may include, but are not limited to, customer and
6 pricing lists, other customer information, and other valuable research, development,
7 commercial, financial, technical and/or proprietary information for which special
8 protection from public disclosure and from use for any purpose other than prosecution
9 of this action is warranted. Such confidential and proprietary materials and
10 information consist of, among other things, confidential business or financial
11 information, information regarding confidential business practices, or other
12 confidential research, development, or commercial information (including
13 information implicating privacy rights of third parties).
14 (c) Intent of the Parties: A protective order is justified in this matter
15 for the following reasons: to expedite the flow of information, to facilitate the prompt
16 resolution of disputes over confidentiality of discovery materials, to adequately
17 protect information the parties are entitled to keep confidential, to ensure that the
18 parties are permitted reasonable use of such material in preparation for trial, to address
19 the handling of such materials at the end of this litigation, and to serve the ends of
20 justice. It is the intent of the parties that information will not be designated as
21 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” for
22 purely tactical reasons. The parties also intend that no materials will be designated
23 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” without
24 a good faith belief that such material has been maintained in a confidential, non-public
25 manner, and that there is good cause why it should not be part of the public record of
26 this case.
27 ///
28
3
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 4 of 20 Page ID #:326
1 2. DEFINITIONS
2 2.1 Action: Wixen Music UK Ltd. v. Transparence Entertainment Group
3 Inc., et al., Case No. 2:21-cv-02663 ODW (MRWx), pending in the United States
4 District Court for the Central District of California.
5 2.2 Challenging Party: a Party or Non-Party that challenges the designation
6 of information or items under this Order.
7 2.3
8 (a) “CONFIDENTIAL” Information or Items: information
9 (regardless of how it is generated, stored or maintained) or tangible things that qualify
10 for protection under Federal Rule of Civil Procedure 26(c), and as specified above in
11 the Good Cause Statement.
12 (b) “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information
13 or Items: information that qualifies as “CONFIDENTIAL” information
14 under 2.3(a) above, that also constitutes information that is extremely confidential
15 and/or sensitive in nature, the disclosure of which to another Party or Non-Party
16 would create a substantial risk of serious harm and/or irreparable injury that could
17 not be avoided by less restrictive means.
18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
19 support staff).
20 2.5 Designating Party: a Party or Non-Party that designates information or
21 items that it produces in disclosures or in responses to discovery as
22 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
23 2.6 Disclosure or Discovery Material: all items or information, regardless
24 of the medium or manner in which it is generated, stored, or maintained (including,
25 among other things, testimony, transcripts, and tangible things), that are produced or
26 generated in disclosures or responses to discovery in this matter.
27 ///
28
4
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 5 of 20 Page ID #:327
1 2.7 Expert: a person with specialized knowledge or experience in a matter
2 pertinent to the litigation who has been retained by a Party or its counsel to serve as
3 an expert witness or as a consultant in this Action.
4 2.8 House Counsel: attorneys who are employees of a party to this Action.
5 House Counsel does not include Outside Counsel of Record or any other outside
6 counsel.
7 2.9 Non-Party: any natural person, partnership, corporation, association, or
8 other legal entity not named as a Party to this action.
9 2.10 Outside Counsel of Record: attorneys who are not employees of a party
10 to this Action but are retained to represent or advise a party to this Action and have
11 appeared in this Action on behalf of that party or are affiliated with a law firm which
12 has appeared on behalf of that party, and includes support staff.
13 2.11 Party: any party to this Action, including all of its officers, directors,
14 employees, consultants, retained Experts, and Outside Counsel of Record (and their
15 support staffs).
16 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
17 Discovery Material in this Action.
18 2.13 Professional Vendors: persons or entities that provide litigation support
19 services (e.g., photocopying, videotaping, translating, preparing exhibits or
20 demonstrations, and organizing, storing, or retrieving data in any form or medium)
21 and their employees and subcontractors.
22 2.14 Protected Material: any Disclosure or Discovery Material that is
23 designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES
24 ONLY.”
25 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
26 from a Producing Party.
27 ///
28
5
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 6 of 20 Page ID #:328
1 3. SCOPE
2 The protections conferred by this Order cover not only Protected Material (as
3 defined above), but also (1) any information copied or extracted from Protected
4 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
5 and (3) any testimony, conversations, or presentations by Parties or their Counsel that
6 might reveal Protected Material.
7 Any use of Protected Material at trial will be governed by the orders of the trial
8 judge. This Order does not govern the use of Protected Material at trial.
9 4. DURATION
10 4.1 Once a case proceeds to trial, information that was designated as
11 CONFIDENTIAL, CONFIDENTIAL – ATTORNEYS’ EYES ONLY, or maintained
12 pursuant to this Order used or introduced as an exhibit at trial becomes public and
13 will be presumptively available to all members of the public, including the press,
14 unless compelling reasons supported by specific factual findings to proceed otherwise
15 are made to the trial judge in advance of the trial. See Kamakana v. City and Cty. of
16 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”
17 showing for sealing documents produced in discovery from “compelling reasons”
18 standard when merits-related documents are part of court record). Accordingly, the
19 terms of this Order do not extend beyond the commencement of the trial as to such
20 Protected Material used or introduced as an exhibit at trial.
21 4.2 Except for those instances set forth in Section 4.1, even after final
22 disposition of this litigation, the confidentiality obligations imposed by this Order
23 shall remain in effect until a Designating Party agrees otherwise in writing or a court
24 order otherwise directs. Final disposition shall be deemed to be the later of
25 (1) dismissal of all claims and defenses in this action, with or without prejudice; and
26 (2) final judgment herein after the completion and exhaustion of all appeals,
27
28
6
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 7 of 20 Page ID #:329
1 rehearings, remands, trials, or reviews of this action, including the time limits for
2 filing any motions or applications for extension of time pursuant to applicable law.
3 5. DESIGNATING PROTECTED MATERIAL
4 5.1 Exercise of Restraint and Care in Designating Material for Protection.
5 Each Party or Non-Party that designates information or items for protection under this
6 Order must take care to limit any such designation to specific material that qualifies
7 under the appropriate standards. The Designating Party must designate for protection
8 only those parts of material, documents, items, or oral or written communications that
9 qualify so that other portions of the material, documents, items, or communications
10 for which protection is not warranted are not swept unjustifiably within the ambit of
11 this Order.
12 Mass, indiscriminate, or routinized designations are prohibited. Designations
13 that are shown to be clearly unjustified or that have been made for an improper
14 purpose (e.g., to unnecessarily encumber the case development process or to impose
15 unnecessary expenses and burdens on other parties) may expose the Designating Party
16 to sanctions.
17 If it comes to a Designating Party’s attention that information or items that it
18 designated for protection do not qualify for protection, that Designating Party must
19 promptly notify all other Parties that it is withdrawing the inapplicable designation.
20 5.2 Manner and Timing of Designations. Except as otherwise provided in
21 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
23 under this Order must be clearly so designated before the material is disclosed or
24 produced.
25 Designation in conformity with this Order requires:
26 (a) for information in documentary form (e.g., paper or electronic documents,
27 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
28
7
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 8 of 20 Page ID #:330
1 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
2 “CONFIDENTIAL legend”) or “CONFIDENTIAL – AEO” (hereinafter
3 “CONFIDENTIAL – AEO legend”) to each page that contains protected material. If
4 only a portion or portions of the material on a page qualifies for protection, the
5 Producing Party also must clearly identify the protected portion(s) (e.g., by making
6 appropriate markings in the margins).
7 A Party or Non-Party that makes original documents available for inspection
8 need not designate them for protection until after the inspecting Party has indicated
9 which documents it would like copied and produced. During the inspection and before
10 the designation, all of the material made available for inspection will be deemed
11 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
12 copied and produced, the Producing Party must determine which documents, or
13 portions thereof, qualify for protection under this Order. Then, before producing the
14 specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
15 or “CONFIDENTIAL – AEO legend” to each page that contains Protected Material.
16 If only a portion or portions of the material on a page qualifies for protection, the
17 Producing Party also must clearly identify the protected portion(s) (e.g., by making
18 appropriate markings in the margins).
19 (b) for testimony given in deposition, all deposition transcripts will
20 be treated as if CONFIDENTIAL – ATTORNEYS’ EYES ONLY for a period of
21 thirty (30) days after the transcript is available from the court reporter, unless all
22 Parties agree on the record at the deposition that the deposition is not confidential.
23 Counsel for any Party may designate the deposition transcript, or portions thereof,
24 as CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS’ EYES ONLY during
25 the deposition or during the thirty (30) day period after the transcript is available.
26 Any material marked CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS’
27
28
8
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 9 of 20 Page ID #:331
1 EYES ONLY attached to a deposition does not lose its protected status just because
2 it is attached as an exhibit to the deposition
3 (c) for testimony given in other pretrial or trial proceedings, that the
4 Designating Party identify on the record, before the close of the hearing or other
5 proceeding, all protected testimony and specify the level of protection being
6 asserted. When it is impractical to identify separately each portion of testimony that
7 is entitled to protection and it appears that substantial portions of the testimony may
8 qualify for protection, the Designating Party may invoke on the record (before the
9 hearing or other proceeding is concluded) a right to have up to thirty (30) days to
10 identify the specific portions of the testimony as to which protection is sought and to
11 specify the level of protection being asserted. Only those portions of the testimony
12 that are appropriately designated for protection within the thirty (30) days shall be
13 covered by the provisions of this Order. Alternatively, a Designating Party may
14 specify, at the hearing or other proceeding or up to thirty (30) days afterwards if that
15 period is properly invoked, that the entire transcript shall be treated as
16 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
17 ONLY.”
18 (d) for information produced in some form other than documentary and for any
19 other tangible items, that the Producing Party affix in a prominent place on the exterior
20 of the container or containers in which the information is stored the legend
21 “CONFIDENTIAL” or “CONFIDENTIAL – AEO.” If only a portion or portions of
22 the information warrants protection, the Producing Party, to the extent practicable,
23 will identify the protected portion(s).
24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
25 failure to designate qualified information or items does not, standing alone, waive the
26 Designating Party’s right to secure protection under this Order for such material.
27 Upon timely correction of a designation, the Receiving Party must make reasonable
28
9
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 10 of 20 Page ID #:332
1 efforts to assure that the material is treated in accordance with the provisions of this
2 Order.
3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
5 designation of confidentiality at any time that is consistent with the Court’s
6 Scheduling Order. Unless a prompt challenge to a Designating Party’s confidentiality
7 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary
8 economic burdens, or a significant disruption or delay of the litigation, a Party does
9 not waive its right to challenge a confidentiality designation by electing not to mount
10 a challenge promptly after the original designation is disclosed.
11 6.2 Meet and Confer. The Challenging Party will initiate the dispute
12 resolution process under Local Rule 37-1 et seq.
13 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
14 joint stipulation pursuant to Local Rule 37-2.
15 6.3 The burden of persuasion in any such challenge proceeding will be on
16 the Designating Party. Frivolous challenges, and those made for an improper purpose
17 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
18 expose the Challenging Party to sanctions. Unless the Designating Party has waived
19 or withdrawn the confidentiality designation, all parties will continue to afford the
20 material in question the level of protection to which it is entitled under the Producing
21 Party’s designation until the Court rules on the challenge.
22 7. ACCESS TO AND USE OF PROTECTED MATERIAL
23 7.1 Basic Principles. A Receiving Party may use Protected Material that is
24 disclosed or produced by another Party or by a Non-Party in connection with this
25 Action only for prosecuting, defending, or attempting to settle this Action. Such
26 Protected Material may be disclosed only to the categories of persons and under the
27
28
10
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 11 of 20 Page ID #:333
1 conditions described in this Order. When the Action has been terminated, a Receiving
2 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
3 Protected Material must be stored and maintained by a Receiving Party at a
4 location and in a secure manner that ensures that access is limited to the persons
5 authorized under this Order.
6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
7 otherwise ordered by the court or permitted in writing by the Designating Party, a
8 Receiving Party may disclose any information or item designated
9 “CONFIDENTIAL” only to:
10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
11 as employees of said Outside Counsel of Record to whom it is reasonably necessary
12 to disclose the information for this Action;
13 (b) the officers, directors, and employees (including House Counsel) of the
14 Receiving Party to whom disclosure is reasonably necessary for this Action;
15 (c) Experts (as defined in this Order) of the Receiving Party to whom
16 disclosure is reasonably necessary for this Action and who have signed the
17 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (d) the Court and its personnel;
19 (e) court reporters and their staff who have signed the “Acknowledgment
20 and Agreement to Be Bound” (Exhibit A);
21 (f) professional jury or trial consultants, mock jurors, and Professional
22 Vendors to whom disclosure is reasonably necessary for this Action and who have
23 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
24 (g) the author or recipient of a document containing the information or a
25 custodian or other person who otherwise possessed or knew the information;
26 (h) during their depositions, witnesses and attorneys for witnesses to whom
27 disclosure is reasonably necessary and who have signed the “Acknowledgment and
28
11
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 12 of 20 Page ID #:334
1 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating
2 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits
3 to depositions that reveal Protected Material may be separately bound by the court
4 reporter and may not be disclosed to anyone except as permitted under this Stipulated
5 Protective Order; and
6 (i) any mediator or settlement officer, and their supporting personnel,
7 mutually agreed upon by any of the Parties engaged in settlement discussions.
8 7.3 Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
9 Information or Items. Unless otherwise ordered by the court or permitted in writing
10 by the Designating Party, a Receiving Party may disclose any information or item
11 designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
12 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
13 as employees of said Outside Counsel of Record to whom it is reasonably necessary
14 to disclose the information for this Action;
15 (b) Experts (as defined in this Order) of the Receiving Party to whom
16 disclosure is reasonably necessary for this Action and who have signed the
17 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (c) the Court and its personnel;
19 (d) court reporters and their staff who have signed the “Acknowledgment
20 and Agreement to Be Bound” (Exhibit A);
21 (e) professional jury or trial consultants, mock jurors, and Professional
22 Vendors to whom disclosure is reasonably necessary for this Action and who have
23 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
24 (f) the author or recipient of a document containing the information or a
25 custodian or other person who otherwise possessed or knew the information; and
26 (g) during their depositions, witnesses, and attorneys for witnesses, in the
27 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
28
12
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 13 of 20 Page ID #:335
1 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will
2 not be permitted to keep any confidential information unless they sign the
3 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
4 agreed by the Designating Party or ordered by the court. Pages of transcribed
5 deposition testimony or exhibits to depositions that reveal Protected Material may be
6 separately bound by the court reporter and may not be disclosed to anyone except as
7 permitted under this Stipulated Protective Order; and
8 (h) any mediator or settlement officer, and their supporting personnel,
9 mutually agreed upon by any of the Parties engaged in settlement discussions who
10 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
11 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
12 OTHER LITIGATION
13 If a Party is served with a subpoena or a court order issued in other litigation
14 that compels disclosure of any information or items designated in this Action as
15 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that
16 Party must:
17 (a) promptly notify in writing the Designating Party. Such notification will
18 include a copy of the subpoena or court order;
19 (b) promptly notify in writing the party who caused the subpoena or order
20 to issue in the other litigation that some or all of the material covered by the subpoena
21 or order is subject to this Order. Such notification will include a copy of this
22 Stipulated Protective Order; and
23 (c) cooperate with respect to all reasonable procedures sought to be pursued
24 by the Designating Party whose Protected Material may be affected.
25 If the Designating Party timely seeks a protective order, the Party served with
26 the subpoena or court order will not produce any information designated in this action
27 as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
28
13
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 14 of 20 Page ID #:336
1 before a determination by the court from which the subpoena or order issued, unless
2 the Party has obtained the Designating Party’s permission. The Designating Party
3 will bear the burden and expense of seeking protection in that court of its confidential
4 material and nothing in these provisions should be construed as authorizing or
5 encouraging a Receiving Party in this Action to disobey a lawful directive from
6 another court.
7 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
8 PRODUCED IN THIS LITIGATION
9 (a) The terms of this Order are applicable to information produced by a
10 Non-Party in this Action and designated as “CONFIDENTIAL” or
11 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by
12 Non-Parties in connection with this litigation is protected by the remedies and relief
13 provided by this Order. Nothing in these provisions should be construed as
14 prohibiting a Non-Party from seeking additional protections.
15 (b) In the event that a Party is required, by a valid discovery request, to
16 produce a Non-Party’s confidential information in its possession, and the Party is
17 subject to an agreement with the Non-Party not to produce the Non-Party’s
18 confidential information, then the Party will:
19 (1) promptly notify in writing the Requesting Party and the Non-Party
20 that some or all of the information requested is subject to a confidentiality agreement
21 with a Non-Party;
22 (2) promptly provide the Non-Party with a copy of the Stipulated
23 Protective Order in this Action, the relevant discovery request(s), and a reasonably
24 specific description of the information requested; and
25 (3) make the information requested available for inspection by the Non-
26 Party, if requested.
27
28
14
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 15 of 20 Page ID #:337
1 (c) If the Non-Party fails to seek a protective order from this court within
2 fourteen (14) days of receiving the notice and accompanying information, the
3 Receiving Party may produce the Non-Party’s confidential information responsive to
4 the discovery request. If the Non-Party timely seeks a protective order, the Receiving
5 Party will not produce any information in its possession or control that is subject to
6 the confidentiality agreement with the Non-Party before a determination by the court.
7 Absent a court order to the contrary, the Non-Party will bear the burden and expense
8 of seeking protection in this court of its Protected Material.
9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
10 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
11 Protected Material to any person or in any circumstance not authorized under this
12 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
13 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
14 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
15 persons to whom unauthorized disclosures were made of all the terms of this Order,
16 and (d) request such person or persons to execute the “Acknowledgment and
17 Agreement to Be Bound” that is attached hereto as Exhibit A.
18 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
19 PROTECTED MATERIAL
20 When a Producing Party gives notice to Receiving Parties that certain
21 inadvertently produced material is subject to a claim of privilege or other protection,
22 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
23 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
24 may be established in an e-discovery order that provides for production without prior
25 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
26 parties reach an agreement on the effect of disclosure of a communication or
27 information covered by the attorney-client privilege or work product protection, the
28
15
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 16 of 20 Page ID #:338
1 parties may incorporate their agreement in the stipulated protective order submitted
2 to the court.
3 12. MISCELLANEOUS
4 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
5 person to seek its modification by the Court in the future.
6 12.2 Right to Assert Other Objections. By stipulating to the entry of this
7 Protective Order no Party waives any right it otherwise would have to object to
8 disclosing or producing any information or item on any ground not addressed in this
9 Stipulated Protective Order. Similarly, no Party waives any right to object on any
10 ground to use in evidence of any of the material covered by this Protective Order.
11 12.3 Filing Protected Material. Without written permission from the
12 Designating Party or a court order secured after appropriate notice to all interested
13 persons, a Party may not file in the public record in this action any Protected Material.
14 A Party that seeks to file under seal any Protected Material must comply with Civil
15 Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court
16 order authorizing the sealing of the specific Protected Material at issue. If a Party’s
17 request to file Protected Material under seal pursuant to Civil Local Rule 79-5 is
18 denied by the court, then the Receiving Party may file the information in the public
19 record unless otherwise instructed by the court.
20 13. FINAL DISPOSITION
21 After the final disposition of this Action, as defined in paragraph 4, within sixty
22 (60) days of a written request by the Designating Party, each Receiving Party must
23 return all Protected Material to the Producing Party or destroy such material. As used
24 in this subdivision, “all Protected Material” includes all copies, abstracts,
25 compilations, summaries, and any other format reproducing or capturing any of the
26 Protected Material, in whole or in part. Whether the Protected Material is returned or
27 destroyed, the Receiving Party must submit a written certification to the Producing
28
16
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 17 of 20 Page ID #:339
1 Party (and, if not the same person or entity, to the Designating Party) by the sixty (60)
2 day deadline that (1) identifies (by category, where appropriate) all the Protected
3 Material that was returned or destroyed and (2) affirms that the Receiving Party has
4 not retained any copies, abstracts, compilations, summaries or any other format
5 reproducing or capturing any of the Protected Material, in whole or in part.
6 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
7 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
8 correspondence, deposition and trial exhibits, expert reports, attorney work product,
9 and consultant and expert work product, even if such materials contain Protected
10 Material. Any such archival copies that contain or constitute Protected Material
11 remain subject to this Protective Order as set forth in Section 4 (DURATION).
12 14. Any willful violation of this Order may be punished by civil or criminal
13 contempt proceedings, financial or evidentiary sanctions, reference to disciplinary
14 authorities, or other appropriate action at the discretion of the Court.
15 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
16
17
Dated: August 25, 2022 DONAHUE FITZGERALD LLP
18
19
By: /s/ Padmini Cheruvu
20 Andrew S. MacKay
Padmini Cheruvu
21 Attorneys for Plaintiff Wixen Music UK
Ltd.
22
LAVELY & SINGER
23 Dated: August 25, 2022
24
By: /s/ Melissa Y. Lerner
25 Todd S. Eagan
Melissa Y. Lerner
26 Attorneys for Defendants Transparence
Entertainment Group Inc., Dennis Dreith,
27 Shari Hoffman, and Tania Oliveira
28
17
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 18 of 20 Page ID #:340
1 ATTESTATION
2 Pursuant to Local Rule 5-4.3.4(a)(2), I hereby attest that all other signatories are
3 listed, and on whose behalf the filing is submitted, concur in the filing’s content and
4 have authorized this filing.
5
Dated: August 25, 2022 DONAHUE FITZGERALD LLP
6
7
By: /s/ Padmini Cheruvu
8 Andrew S. MacKay
Padmini Cheruvu
9 Attorneys for Plaintiff Wixen Music UK
Ltd.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 19 of 20 Page ID #:341
1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
2
3
4 DATED:___0_8_/2_5_/_2_0_2_2____ _________/_S_/_______________________
HON. MICHAEL R. WILNER
5 United States Magistrate Judge
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
19
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-02663-MEMF-MRW Document 35 Filed 08/25/22 Page 20 of 20 Page ID #:342
EXHIBIT A
1
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2
3
I, _____________________________ [full name], of _________________
4
[full address], declare under penalty of perjury that I have read in its entirety and
5
understand the Stipulated Protective Order that was issued by the United States
6
District Court for the Central District of California on [date] in the case of Wixen
7
Music UK Ltd. v. Transparence Entertainment Group Inc., et al., Case No. 2:21-cv-
8
02663 ODW (MRWx). I agree to comply with and to be bound by all the terms of this
9
Stipulated Protective Order and I understand and acknowledge that failure to so
10
comply could expose me to sanctions and punishment in the nature of contempt. I
11
solemnly promise that I will not disclose in any manner any information or item that
12
is subject to this Stipulated Protective Order to any person or entity except in strict
13
compliance with the provisions of this Order.
14
I further agree to submit to the jurisdiction of the United States District Court
15
for the Central District of California for the purpose of enforcing the terms of this
16
Stipulated Protective Order, even if such enforcement proceedings occur after
17
termination of this action. I hereby appoint __________________________ [full
18
name] of _______________________________________ [full address and
19
telephone number] as my California agent for service of process in connection with
20
this action or any proceedings related to enforcement of this Stipulated Protective
21
Order.
22
Date: ______________________________________
23
City and State where signed: _________________________________
24
25
Printed name: _______________________________
26
27
Signature: __________________________________
28
20
STIPULATED PROTECTIVE ORDER