even stipulated protective orders require 18 good cause showing
How later courts described this case
- even stipulated protective orders require 18 good cause showing
Written by the judges who cited it.
The opinion
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 1 of 17 Page ID #:161
1 Jake D. Finkel, Esq. (SBN 293954)
Avraham Kalaf, Esq. (SBN 311475)
2 Eugene Feldman, Esq. (SBN 118497)
THE FINKEL FIRM
3 3470 Wilshire Blvd., Suite 830
Los Angeles, CA 90010
4 Tel: (213) 787-7411
Fax: (323) 916-0521
5
Attorneys for Plaintiff, ADAM FOX
6
GIBSON, DUNN & CRUTCHER LLP
7 HARRIS M. MUFSON (pro hac vice)
hmufson@gibsondunn.com
8 200 Park Avenue
New York, NY 10166-0193
9 Telephone: 212.351.4000
Facsimile: 212.351.4035
10
MEGAN M. LAWSON, SBN 294397
11 mlawson@gibsondunn.com
COURTNEY M. JOHNSON, SBN 324331
12 cjohnson2@gibsondunn.com
333 South Grand Avenue
13 Los Angeles, CA 90071-3197
Telephone: 213.229.7000
14 Facsimile: 213.229.7520
15
Attorneys for Defendant HARRY WINSTON,
16 INC.
17
UNITED STATES DISTRICT COURT
18
CENTRAL DISTRICT OF CALIFORNIA
19
ADAM FOX, CASE NO. 8:22-cv-00381-DOC (ADSx)
20
Plaintiff,
STIPULATED PROTECTIVE ORDER
21
v.
22 Judge: Hon. David O. Carter
HARRY WINSTON, INC.; and DOES
23 1 to 100, inclusive,
24 Defendants.
25
26
27
28
STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 2 of 17 Page ID #:162
1 1. A. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 proprietary, or private information for which special protection from public disclosure
4 and from use for any purpose other than prosecuting this litigation may be warranted.
5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following
6 Stipulated Protective Order. The parties acknowledge that this Order does not confer
7 blanket protections on all disclosures or responses to discovery and that the protection it
8 affords from public disclosure and use extends only to the limited information or items
9 that are entitled to confidential treatment under the applicable legal principles. The
10 parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated
11 Protective Order does not entitle them to file confidential information under seal; Civil
12 Local Rule 79-5 sets forth the procedures that must be followed and the standards that
13 will be applied when a party seeks 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 other
16 valuable research, development, commercial, financial, technical and/or proprietary
17 information for which special protection from public disclosure and from use for any
18 purpose other than prosecution of this action is warranted. Such confidential and
19 proprietary materials and information consist of, among other things, confidential
20 business or financial information, information regarding confidential business practices,
21 or other confidential research, development, or commercial information (including
22 information implicating privacy rights of third parties), information otherwise generally
23 unavailable to the public, or which may be privileged or otherwise protected from
24 disclosure under state or federal statutes, court rules, case decisions, or common law.
25 Accordingly, to expedite the flow of information, to facilitate the prompt
26 resolution of disputes over confidentiality of discovery materials, to adequately protect
27 information the parties are entitled to keep confidential, to ensure that the parties are
28 permitted reasonable necessary uses of such material in preparation for and in the
2
[PROPOSED] STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 3 of 17 Page ID #:163
1 conduct of trial, to address their handling at the end of the litigation, and serve the ends
2 of justice, a protective order for such information is justified in this matter. It is the
3 intent of the parties that information will not be designated as confidential for tactical
4 reasons and that nothing be so designated without a good faith belief that it has been
5 maintained in a confidential, non-public manner, and there is good cause why it should
6 not be part of the public record of this case.
7 C. ACKNOWLEDGMENT OF UNDER SEAL FILING
8 The parties further acknowledge, as set forth in Section 12.3, below, that this
9 Stipulated Protective Order does not entitle them to file confidential information under
10 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
11 standards that will be applied when a party seeks permission from the court to file
12 material under seal. There is a strong presumption that the public has a right of access
13 to judicial proceedings and records in civil cases. In connection with non-dispositive
14 motions, good cause must be shown to support a filing under seal. See Kamakana v.
15 City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.
16 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
17 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require
18 good cause showing), and a specific showing of good cause or compelling reasons with
19 proper evidentiary support and legal justification, must be made with respect to
20 Protected Material that a party seeks to file under seal. The parties’ mere designation of
21 Disclosure or Discovery Material as CONFIDENTIAL does not—without the
22 submission of competent evidence by declaration, establishing that the material sought
23 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—
24 constitute good cause.
25
26
27
28
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[PROPOSED] STIPULATED PROTECTIVE ORDER
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1 Further, if a party requests sealing related to a dispositive motion or trial, then
2 compelling reasons, not only good cause, for the sealing must be shown, and the relief
3 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos
4 v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type
5 of information, document, or thing sought to be filed or introduced under seal, the party
6 seeking protection must articulate compelling reasons, supported by specific facts and
7 legal justification, for the requested sealing order. Again, competent evidence
8 supporting the application to file documents under seal must be provided by declaration.
9 Any document that is not confidential, privileged, or otherwise protectable in its
10 entirety will not be filed under seal if the confidential portions can be redacted. If
11 documents can be redacted, then a redacted version for public viewing, omitting only
12 the confidential, privileged, or otherwise protectable portions of the document, shall be
13 filed. Any application that seeks to file documents under seal in their entirety should
14 include an explanation of why redaction is not feasible.
15 2. DEFINITIONS
16 2.1 Action: this pending federal law suit, Adam Fox v. Harry Winston, Inc., et
17 al., Central District Case No. 8:22-cv-00381-DOC (ADS).
18 2.2 Challenging Party: a Party or Non-Party that challenges the designation of
19 information or items under this Order.
20 2.3 “Confidential Materials”: information (regardless of how it is generated,
21 stored or maintained) or tangible things that qualify for protection under Federal Rule of
22 Civil Procedure 26(c), and as specified above in the Good Cause Statement, including
23 but not limited to:
24 a. Research and development information;
25 b. Information prohibited from disclosure by statute, including the Privacy
26 Laws;
27 c. Commercial information, including information regarding sales,
28 discounts, and client identities;
4
[PROPOSED] STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 5 of 17 Page ID #:165
1 d. Medical information concerning any individual;
2 e. Personal identity information;
3 f. Income tax returns (including attached schedules and forms, W-2 forms
4 and 1099 forms; or
5 g. Personnel or employment records of a person who is not a party to the
6 case.
7 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
8 support staff).
9 2.5 Designating Party: a Party or Non-Party that designates information or
10 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
11 2.6 Disclosure or Discovery Material: all items or information, regardless of
12 the medium or manner in which it is generated, stored, or maintained (including, among
13 other things, testimony, transcripts, and tangible things), that are produced or generated
14 in disclosures or responses to discovery in this matter.
15 2.7 Expert: a person with specialized knowledge or experience in a matter
16 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
17 expert witness or as a consultant in this Action.
18 2.8 House Counsel: attorneys who are employees of a party to this Action (or
19 corporate parent or relevant affiliate) and who have responsibilities related to this
20 Action, as well as paralegals, case assistants, and others acting on behalf of attorneys of
21 a party to this Action to whom it is reasonably necessary to disclose the information for
22 this Action. House Counsel does not include Outside Counsel of Record or any other
23 outside counsel.
24 2.9 Non-Party: any natural person, partnership, corporation, association, or
25 other legal entity not named as a Party to this action.
26
27
28
5
[PROPOSED] STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 6 of 17 Page ID #:166
1 2.10 Outside Counsel of Record: attorneys who are not employees of a party to
2 this Action but are retained to represent or advise a party to this Action and have
3 appeared in this Action on behalf of that party or are affiliated with a law firm which has
4 appeared on behalf of that party, and includes support staff.
5 2.11 Party: any party to this Action, including all of its officers, directors,
6 employees, consultants, retained experts, and Outside Counsel of Record (and their
7 support staffs).
8 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
9 Discovery Material in this Action.
10 2.13 Professional Vendors: persons or entities that provide litigation support
11 services (e.g., photocopying, videotaping, translating, preparing exhibits or
12 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
13 their employees and subcontractors.
14 2.14 Protected Material: any Disclosure or Discovery Material that is designated
15 as “CONFIDENTIAL.”
16 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
17 from a Producing Party.
18 3. SCOPE
19 The protections conferred by this Stipulation and Order cover not only Protected
20 Material (as defined above), but also (1) any information copied or extracted from
21 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
22 Material; and (3) any testimony, conversations, or presentations by Parties or their
23 Counsel that might reveal Protected Material.
24 Any use of Protected Material at trial shall be governed by the orders of the trial
25 judge. This Order does not govern the use of Protected Material at trial.
26 4. DURATION
27 Even after final disposition of this litigation, the confidentiality obligations
28 imposed by this Order shall remain in effect until a Designating Party agrees otherwise
6
[PROPOSED] STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 7 of 17 Page ID #:167
1 in writing or a court order otherwise directs. Final disposition shall be deemed to be the
2 later of (1) dismissal of all claims and defenses in this Action, with or without prejudice;
3 and (2) final judgment herein after the completion and exhaustion of all appeals,
4 rehearings, remands, trials, or reviews of this Action, including the time limits for filing
5 any motions or applications for extension of time pursuant to applicable law.
6 5. DESIGNATING PROTECTED MATERIAL
7 5.1 Exercise of Restraint and Care in Designating Material for Protection.
8 Each Party or Non-Party that designates information or items for protection under
9 this Order must take care to limit any such designation to specific material that qualifies
10 under the appropriate standards. The Designating Party must designate for protection
11 only those parts of material, documents, items, or oral or written communications that
12 qualify so that other portions of the material, documents, items, or communications for
13 which protection is not warranted are not swept unjustifiably within the ambit of this
14 Order.
15 Mass, indiscriminate, or routinized designations are prohibited. Designations that
16 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,
17 to unnecessarily encumber the case development process or to impose unnecessary
18 expenses and burdens on other parties) may expose the Designating 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 this
23 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
24 ordered, Disclosure or Discovery Material that qualifies for protection under this Order
25 must be clearly so designated before the material is disclosed or produced.
26 Designation in conformity with this Order requires:
27 (a) for information in documentary form (e.g., paper or electronic documents,
28 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
7
[PROPOSED] STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 8 of 17 Page ID #:168
1 Producing Party affix at a minimum, the legend “CONFIDENTIAL” to each page that
2 contains protected material. If only a portion or portions of the material on a page
3 qualifies for protection, the Producing Party also must clearly identify the protected
4 portion(s) (e.g., by making appropriate markings in the margins).
5 A Party or Non-Party that makes original documents available for inspection need
6 not designate them for protection until after the inspecting Party has indicated which
7 documents it would like copied and produced. During the inspection and before the
8 designation, all of the material made available for inspection shall be deemed
9 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
10 copied and produced, the Producing Party must determine which documents, or portions
11 thereof, qualify for protection under this Order. Then, before producing the specified
12 documents, the Producing Party must affix the confidentiality legend to each page that
13 contains Protected Material. If only a portion or portions of the material on a page
14 qualifies for protection, the Producing Party also must clearly identify the protected
15 portion(s) (e.g., by making appropriate markings in the margins).
16 (b) for testimony given in depositions, that the Designating Party identify the
17 Disclosure or Discovery Material on the record and/or all protected testimony, either
18 before the close of the deposition or within 30 days following receipt of the deposition
19 transcript.
20 (c) for testimony or argument given in pretrial or other proceedings, that the
21 Designating Party identify, by the close of the hearing, any portion of such hearing or
22 other proceeding involving protected testimony.
23 (d) for information produced in some form other than documentary and for any
24 other tangible items, that the Producing Party affix in a prominent place on the exterior
25 of the container or containers in which the information is stored the legend
26 “CONFIDENTIAL.” If only a portion or portions of the information warrants
27 protection, the Producing Party, to the extent practicable, shall identify the protected
28 portion(s).
8
[PROPOSED] STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 9 of 17 Page ID #:169
1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
2 failure to designate qualified information or items does not, standing alone, waive the
3 Designating Party’s right to secure protection under this Order for such material. Upon
4 timely correction of a designation within 14 days of discovering the inadvertent failure
5 to designate qualified information, the Receiving Party must make reasonable efforts to
6 assure that the material is treated in accordance with the provisions of this Order.
7 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
8 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
9 designation of confidentiality at any time that is consistent with the Court’s Scheduling
10 Order.
11 6.2 Meet and Confer. Prior to filing a Designation Motion, the Designating
12 Party shall initiate the dispute resolution process under Local Rule 37-1 et seq. Any
13 Designation Motion shall be submitted via a joint stipulation under Local Rule 37-2 and
14 is subject to any timing limitations set forth in the operative Scheduling Order.
15 6.3 The burden of persuasion in any such challenge proceeding shall be on the
16 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
17 to harass or impose unnecessary expenses and burdens on other parties) may expose the
18 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
19 the confidentiality designation, all parties shall continue to afford the material in
20 question the level of protection to which it is entitled under the Producing Party’s
21 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 Action
25 only for prosecuting, defending, or attempting to settle this Action. Such Protected
26 Material may be disclosed only to the categories of persons and under the conditions
27 described in this Order. When the Action has been terminated, a Receiving Party must
28 comply with the provisions of section 13 below (FINAL DISPOSITION).
9
[PROPOSED] STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 10 of 17 Page ID #:170
1 Protected Material must be stored and maintained by a Receiving Party at a
2 location and in a secure manner that ensures that access is limited to the persons
3 authorized under this Order.
4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
5 ordered by the court or permitted in writing by the Designating Party, a Receiving Party
6 may disclose any information or item designated “CONFIDENTIAL” only to:
7 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
8 employees of said Outside Counsel of Record to whom it is reasonably necessary to
9 disclose the information for this Action;
10 (b) the officers, directors, and employees (including House Counsel) of the
11 Receiving Party to whom disclosure is reasonably necessary for this Action;
12 (c) Experts (as defined in this Order) of the Receiving Party to whom
13 disclosure is reasonably necessary for this Action and who have signed the
14 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15 (d) the court and its personnel;
16 (e) court reporters and their staff;
17 (f) professional jury or trial consultants, mock jurors, and Professional
18 Vendors to whom disclosure is reasonably necessary for this Action and who have
19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
20 (g) the author or recipient of a document containing the information or a
21 custodian or other person who otherwise possessed or knew the information;
22 (h) during their depositions, witnesses, and attorneys for witnesses, in the
23 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
24 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will
25 not be permitted to keep any confidential information unless they sign the
26 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
27 by the Designating Party or ordered by the court. Pages of transcribed deposition
28 testimony or exhibits to depositions that reveal Protected Material may be separately
10
[PROPOSED] STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 11 of 17 Page ID #:171
1 bound by the court reporter and may not be disclosed to anyone except as permitted
2 under this Stipulated Protective Order; and
3 (i) any mediator or settlement officer, and their supporting personnel, mutually
4 agreed upon by any of the parties engaged in settlement discussions.
5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
6 OTHER LITIGATION
7 If a Party is served with a subpoena or a court order issued in other litigation that
8 compels disclosure of any information or items designated in this Action as
9 “CONFIDENTIAL,” that Party must:
10 (a) promptly notify in writing the Designating Party. Such notification shall
11 include a copy of the subpoena or court order;
12 (b) promptly notify in writing the party who caused the subpoena or order to
13 issue in the other litigation that some or all of the material covered by the subpoena or
14 order is subject to this Protective Order. Such notification shall include a copy of this
15 Stipulated Protective Order; and
16 (c) cooperate with respect to all reasonable procedures sought to be pursued by
17 the Designating Party whose Protected Material may be affected.
18 If the Designating Party timely seeks a protective order, the Party served with the
19 subpoena or court order shall not produce any information designated in this action as
20 “CONFIDENTIAL” before a determination by the court from which the subpoena or
21 order issued, unless the Party has obtained the Designating Party’s permission. The
22 Designating Party shall bear the burden and expense of seeking protection in that court
23 of its confidential material and nothing in these provisions should be construed as
24 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive
25 from another court.
26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
27 IN THIS LITIGATION
28 (a) The terms of this Order are applicable to information produced by a Non-
11
[PROPOSED] STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 12 of 17 Page ID #:172
1 Party in this Action and designated as “CONFIDENTIAL.” Such information produced
2 by Non-Parties in connection with this litigation is protected by the remedies and relief
3 provided by this Order. Any Party or Non-Party may designate information produced
4 by a Non-Party in this Action as “CONFIDENTIAL” pursuant to the terms of this Order.
5 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking
6 additional protections.
7 (b) In the event that a Party is required, by a valid discovery request, to produce
8 a Non-Party’s confidential information in its possession, and the Party is subject to an
9 agreement with the Non-Party not to produce the Non-Party’s confidential information,
10 then the Party shall:
11 (1) promptly notify in writing the Requesting Party and the Non-Party
12 that some or all of the information requested is subject to a confidentiality agreement
13 with a Non-Party;
14 (2) promptly provide the Non-Party with a copy of the Stipulated
15 Protective Order in this Action, the relevant discovery request(s), and a reasonably
16 specific description of the information requested; and
17 (3) make the information requested available for inspection by the Non-
18 Party, if requested.
19 (c) If the Non-Party fails to object or seek a protective order from this court
20 within 14 days of receiving the notice and accompanying information, the Receiving
21 Party may produce the Non-Party’s confidential information responsive to the discovery
22 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not
23 produce any information in its possession or control that is subject to the confidentiality
24 agreement with the Non-Party before a determination by the court. Absent a court order
25 to the contrary, the Non-Party shall bear the burden and expense of seeking protection
26 in this court of its Protected Material.
27 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
28 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
12
[PROPOSED] STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 13 of 17 Page ID #:173
1 Protected Material to any person or in any circumstance not authorized under this
2 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
3 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
4 all unauthorized copies of the Protected Material, (c) inform the person or persons to
5 whom unauthorized disclosures were made of all the terms of this Order, and (d) request
6 such person or persons to execute the “Acknowledgment and Agreement to Be Bound”
7 that is attached hereto as Exhibit A.
8 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
9 PROTECTED MATERIAL
10 When a Producing Party gives notice to Receiving Parties that certain
11 inadvertently produced material is subject to a claim of privilege or other protection, the
12 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure
13 26(b)(5)(B). This provision is not intended to modify whatever procedure may be
14 established in an e-discovery order that provides for production without prior privilege
15 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach
16 an agreement on the effect of disclosure of a communication or information covered by
17 the attorney-client privilege or work product protection, the parties may incorporate their
18 agreement in the stipulated protective order submitted to the court.
19 12. MISCELLANEOUS
20 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
21 person to seek its modification by the Court in the future.
22 12.2 Right to Assert Other Objections. By stipulating to the entry of this
23 Protective Order no Party waives any right it otherwise would have to object to
24 disclosing or producing any information or item on any ground not addressed in this
25 Stipulated Protective Order. Similarly, no Party waives any right to object on any
26 ground to use in evidence of any of the material covered by this Protective Order.
27 12.3 Filing Protected Material. A Party that seeks to file under seal any
28 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
13
[PROPOSED] STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 14 of 17 Page ID #:174
1 only be filed under seal pursuant to a court order authorizing the sealing of the specific
2 Protected Material at issue. If a Party’s request to file Protected Material under seal is
3 denied by the court, then the Receiving Party may file the information in the public
4 record unless otherwise instructed by the court.
5 13. FINAL DISPOSITION
6 After the final disposition of this Action, as defined in paragraph 4, within 60 days
7 of a written request by the Designating Party, each Receiving Party must return all
8 Protected Material to the Producing Party or destroy such material. As used in this
9 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
10 summaries, and any other format reproducing or capturing any of the Protected Material.
11 Whether the Protected Material is returned or destroyed, the Receiving Party must
12 submit a written certification to the Producing Party (and, if not the same person or
13 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category,
14 where appropriate) all the Protected Material that was returned or destroyed and (2)
15 affirms that the Receiving Party has not retained any copies, abstracts, compilations,
16 summaries or any other format reproducing or capturing any of the Protected Material.
17 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
18 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
19 correspondence, deposition and trial exhibits, expert reports, attorney work product, and
20 consultant and expert work product, even if such materials contain Protected Material.
21 Any such archival copies that contain or constitute Protected Material remain subject to
22 this Protective Order as set forth in Section 4 (DURATION).
23 14. AUTHORIZATION TO PRODUCE
24 The Court hereby authorizes the production of information subject to the
25 protections of the Privacy Laws. To the extent that any federal or state laws require the
26 parties to obtain a court order to produce this information, this Order hereby satisfies
27 such requirement(s).
28
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[PROPOSED] STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 15 of 17 Page ID #:175
1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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Dated: November 8, 2022 THE FINKEL FIRM
5
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By: /s/ Avraham Kalaf
7 Avraham Kalaf
8
Attorneys for Plaintiff ADAM FOX
9
10 Dated: November 8, 2022 GIBSON, DUNN & CRUTCHER LLP
11
12 By: /s/ Megan M. Lawson
Megan M. Lawson
13
14 Attorneys for Defendant
HARRY WINSTON, INC.
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STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 16 of 17 Page ID #:176
1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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Dated: ___1_1_/9_/_2_0_2_2___________ _____/s_/_ A__u_tu_m__n_ D__. _S_p_a_e_th__________
HON. AUTUMN D. SPAETH
5 United States Magistrate Judge
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STIPULATED PROTECTIVE ORDER
Case 8:22-cv-00381-DOC-ADS Document 27 Filed 11/09/22 Page 17 of 17 Page ID #:177
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, _____________________________ [print or type full name], of _________________
5 [print or type full address], declare under penalty of perjury that I have read in its entirety
6 and understand the Stipulated Protective Order that was issued by the United States
7 District Court for the Central District of California on ___________, 2022, in the case
8 of Adam Fox v. Harry Winston, Inc., et al., Central District Case No. 8:22-cv-00381-
9 DOC-ADS. I agree to comply with and to be bound by all the terms of this Stipulated
10 Protective Order and I understand and acknowledge that failure to so comply could
11 expose me to sanctions and punishment in the nature of contempt. I solemnly promise
12 that I will not disclose in any manner any information or item that is subject to this
13 Stipulated Protective Order to any person or entity except in strict compliance with the
14 provisions of this Order. I further agree to submit to the jurisdiction of the United States
15 District Court for the Central District of California for the purpose of enforcing the terms
16 of this Stipulated Protective Order, even if such enforcement proceedings occur after
17 termination of this action. I hereby appoint __________________________ [print or
18 type full name] of _______________________________________ [print or type full
19 address and telephone number] as my California agent for service of process in
20 connection with this action or any proceedings related to enforcement of this Stipulated
21 Protective Order.
22
23 Date: ______________________________________
24 City and State where sworn and signed: _________________________________
25 Printed name: _______________________________
26 Signature: __________________________________
27
28
105606238.4
17
STIPULATED PROTECTIVE ORDER