The opinion
Case 2:21-cv-10013-SSS-JEM Document 70 Filed 01/13/23 Page 1 of 20 Page ID #:3748
1 QUINN EMANUEL URQUHART & SULLIVAN LLP
Susheel Kirpalani (admitted pro hac vice)
2 susheelkirpalani@quinnemanuel.com
51 Madison Ave., 22nd Floor
3 New York, NY 10010
Telephone: (212) 849-7000
4 Facsimile: (212) 849-7100
5 Razmig Izakelian (SBN 292137)
razmigizakelian@quinnemanuel.com
6 865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
7 Telephone: (213) 443-3000
Facsimile: (213) 443-3100
8
Attorneys for Defendant Nina Ansary
9
MORRISON & FOERSTER LLP
10 Gregory B. Koltun (SBN 130454)
Benjamin J. Fox (SBN 193374)
11 707 Wilshire Boulevard
Los Angeles, California 90017-3543
12 Telephone: (213) 892-5200
Facsimile: (213) 892-5454
13 GKoltun@mofo.com; BFox@mofo.com
14 DAVIS POLK & WARDWELL LLP
James I. McClammy (admitted pro hac vice)
15 james.mcclammy@davispolk.com
Nicholas D’Angelo (admitted pro hac vice)
16 nicholas.dangelo@davispolk.com
450 Lexington Avenue
17 New York, New York 10017
Telephone: (212) 450-4000
18
Attorneys for Plaintiff
19 Sabine Altena as Foreign Representative for
Ennia Caribe Holding N.V., Ennia Caribe
20 Leven N.V., Ennia Caribe Schade N.V.,
Ennia Caribe Zorg N.V., and EC
21 Investments B.V.
22 UNITED STATES DISTRICT COURT
23 CENTRAL DISTRICT OF CALIFORNIA
24 WESTERN DIVISION
25
SABINE ALTENA as Foreign Case No. 2:21-cv-10013-SSS JEM
26
Representative for ENNIA CARIBE
HOLDING N.V., ENNIA CARIBE
27
LEVEN N.V., ENNIA CARIBE STIPULATION AND PROTECTIVE
SCHADE N.V., ENNIA CARIBE ZORG ORDER
28
[PROPOSED] PROTECTIVE ORDER
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1 N.V., and EC INVESTMENTS B.V.,
2 Plaintiff, Hon. Sunshine S. Sykes
3 v.
4 NINA ANSARY,
5 Defendant.
6
7
1. PURPOSES AND LIMITATIONS
8
Discovery in this action is likely to involve production of confidential,
9
proprietary, or private information for which special protection from public disclosure
10
and from use for any purpose other than prosecuting this litigation may be warranted.
11
Accordingly, the parties hereby stipulate to and petition the Court to enter the
12
following Stipulated Protective Order. The parties acknowledge that this Order does
13
not confer blanket protections on all disclosures or responses to discovery and that
14
the protection it affords from public disclosure and use extends only to the limited
15
information or items that are entitled to confidential treatment under the applicable
16
legal principles.
17
1.1 GOOD CAUSE STATEMENT
18
This action is likely to involve confidential, financial, and/or proprietary
19
information for which special protection from public disclosure and from use for any
20
purpose other than prosecution of this action is warranted. Such confidential and
21
proprietary materials and information consist of, among other things, confidential
22
commercial information within the meaning of Rule 26(c)(1)(G) of the Federal Rules
23
of Civil Procedure or private financial and banking information (including
24
information implicating privacy rights of third parties), information otherwise
25
generally unavailable to the public, or which may be privileged or otherwise protected
26
from disclosure under state or federal statutes, court rules, case decisions, or common
27
law. Accordingly, to expedite the flow of information, to facilitate the prompt
28
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1 resolution of disputes over confidentiality of discovery materials, to adequately
2 protect information the parties are entitled to keep confidential, to ensure that the
3 parties are permitted reasonable necessary uses of such material in preparation for and
4 in the conduct of trial, to address their handling at the end of the litigation, and serve
5 the ends of justice, a protective order for such information is justified in this matter.
6 It is the intent of the parties that information will not be designated as confidential for
7 tactical reasons and that nothing be so designated without a good faith belief that it
8 has been maintained in a confidential, non–public manner, and there is good cause
9 why it should not be part of the public record of this case.
10 1.2 ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
11 SEAL
12 The parties further acknowledge, as set forth in Section 12.3, below, that this
13 Stipulated Protective Order does not entitle them to file confidential information
14 under seal; Local Civil Rule 79–5 sets forth the procedures that must be followed and
15 the standards that will be applied when a party seeks permission from the Court to file
16 material under seal.
17 There is a strong presumption that the public has a right of access to judicial
18 proceedings and records in civil cases. In connection with non–dispositive motions,
19 good cause must be shown to support a filing under seal, see Kamakana v. City and
20 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors
21 Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), and a specific showing of good cause
22 or compelling reasons with proper evidentiary support and legal justification, must be
23 made with respect to Protected Material that a party seeks to file under seal. The
24 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL
25 or CONFIDENTIAL-ATTORNEYS’ EYES ONLY does not—without the
26 submission of competent evidence by declaration, establishing that the material
27 sought to be filed under seal qualifies as confidential, privileged, or otherwise
28 protectable—constitute good cause.
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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
4 Pinto v. Pacific Creditors Ass’n., 605 F.3d 665, 677–79 (9th Cir. 2010). For each
5 item or type of information, document, or thing sought to be filed or introduced under
6 seal in connection with a dispositive motion or trial, the party seeking protection must
7 articulate compelling reasons, supported by specific facts and legal justification, for
8 the requested sealing order. Again, competent evidence supporting the application to
9 file documents under seal must be provided by declaration.
10 Any document that is not confidential, privileged, or otherwise protectable in
11 its entirety will not be filed under seal if the confidential portions can be redacted. If
12 documents can be redacted, then a redacted version for public viewing, omitting only
13 the confidential, privileged, or otherwise protectable portions of the document, shall
14 be filed. Any application that seeks to file documents under seal in their entirety
15 should include an explanation of why redaction is not feasible.
16 2. DEFINITIONS
17 2.1 Action: the above–captioned case.
18 2.2 Challenging Party: a Party or Non–Party that challenges the designation
19 of information or items under this Order.
20 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
21 how it is generated, stored or maintained) or tangible things that qualify for protection
22 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
23 Cause Statement.
24 2.4 “CONFIDENTIAL-ATTORNEYS’ EYES ONLY (AEO)” Information
25 or Items: extremely sensitive “Confidential Information or Items,” that qualify for
26 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the
27 Good Cause Statement that are believed to contain highly sensitive or proprietary
28 information, such as trade secrets and non-public, commercially sensitive financial
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1 data, business information, or research that would harm the Designating Party’s
2 competitive standing if disclosed directly to a Party to this action or to the public.
3 2.5 Counsel (without qualifier): Outside Counsel of Record and House
4 Counsel (as well as their support staff, including regular or temporary employees and
5 service vendors of such Counsel).
6 2.6 Designating Party: a Party or Non–Party that designates information or
7 items produced in disclosures or in responses to discovery as “CONFIDENTIAL” or
8 “CONFIDENTIAL-AEO.”
9 2.7 Disclosure or Discovery Material: all items or information, regardless
10 of the medium or manner in which it is generated, stored, or maintained (including,
11 among other things, testimony, transcripts, and tangible things), that are produced or
12 generated in disclosures or responses to discovery in this matter.
13 2.8 Expert: a person with specialized knowledge or experience in a matter
14 pertinent to the litigation who has been retained by a Party or its counsel to serve as
15 an expert witness or as a consultant in this Action (as well as the Expert’s support
16 staff) and who has executed the Acknowledgement and Agreement to Be Bound in
17 the form attached hereto.
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 which
26 has appeared on behalf of that party, and includes support staff, including regular or
27 temporary employees and service vendors.
28
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1 2.12 Party: any named party to this action, including all of its officers,
2 directors, employees, consultants or advisors assisting the party in this action, retained
3 experts, and Outside Counsel of Record (and their support staffs).
4 2.13 Producing Party: a Party or Non–Party that produces Disclosure or
5 Discovery Material in this action.
6 2.14 Professional Vendors: persons or entities engaged by a Party (through
7 Outside Counsel of Record or otherwise) that provide litigation support services in
8 this Action (e.g., photocopying, videotaping, translating, preparing exhibits or
9 demonstrations, and organizing, storing, or retrieving data in any form or medium)
10 and their employees and subcontractors.
11 2.15 Protected Material: any Disclosure or Discovery Material that is
12 designated as “CONFIDENTIAL” or “CONFIDENTIAL-AEO.”
13 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
14 from a Producing Party.
15 3. SCOPE
16 The protections conferred by this Stipulation and Order cover not only
17 Disclosure and Discovery Material and Protected Material (as defined above), but also
18 (1) any information copied or extracted from Protected Material; (2) all copies,
19 excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
20 conversations, or presentations by Parties or their Counsel that might reveal Protected
21 Material.
22 This Stipulation and Order also applies to all non-Parties that are served with
23 subpoenas or who otherwise produce documents or are noticed for depositions in the
24 Action, and all such non-Parties are entitled to the protections afforded hereby and
25 subject to the obligations herein. Upon signing a Declaration in the form provided as
26 Exhibit A, non-Parties may receive or view Protected Material in a deposition,
27 consistent with the terms of this Stipulation and Order. Any Party or its counsel
28 serving a subpoena, after the date this Protective Order is entered, which requires the
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[PROPOSED] PROTECTIVE ORDER
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1 production of documents or testimony upon a non-Party shall serve a copy of this
2 Order along with such subpoena.
3 However, the protections conferred by this Stipulation and Order do not cover
4 the following information: (a) any information that is in the public domain at the time
5 of disclosure to a Receiving Party or becomes part of the public domain after its
6 disclosure to a Receiving Party as a result of publication not involving a violation of
7 this Order, including becoming part of the public record through trial or otherwise;
8 and (b) any information known to the Receiving Party prior to the disclosure or
9 obtained by the Receiving Party after the disclosure from a source who obtained the
10 information lawfully and under no obligation of confidentiality to the Designating
11 Party.
12 Any use of Protected Material at trial shall be governed by the orders of the
13 trial judge. This Order does not govern the use of Protected Material at trial.
14 4. DURATION
15 Final Disposition of the action is defined as the later of (1) dismissal of all
16 claims and defenses in this action, with or without prejudice; and (2) final judgment
17 herein after the completion and exhaustion of all appeals, rehearings, remands, trials,
18 or reviews of this action, including the time limits for filing any motions or
19 applications for extension of time pursuant to applicable law. The terms of this
20 protective order shall survive Final Disposition of the action for any retained
21 Protected Material. The parties may stipulate that they will be contractually bound
22 by the terms of this agreement beyond Final Disposition, but will have to file a
23 separate action for enforcement of the agreement once all proceedings in this case are
24 complete.
25 Once a case proceeds to trial, information that was designated as
26 CONFIDENTIAL, CONFIDENTIAL-AEO or maintained pursuant to this protective
27 order that is used or introduced as an exhibit at trial becomes public and will be
28 presumptively available to all members of the public, including the press, unless
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1 compelling reasons supported by specific factual findings to proceed otherwise are
2 made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180–81
3 (distinguishing “good cause” showing for sealing documents produced in discovery
4 from “compelling reasons” standard when merits–related documents are part of court
5 record).
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
10 qualifies under the appropriate standards. The Designating Party must designate for
11 protection only the material, documents, items or oral or written communications that
12 qualify so that other material, documents, items or communications for which
13 protection is not warranted are not swept unjustifiably within the ambit of this Order.
14 Mass, indiscriminate or routinized designations are prohibited. Designations that are
15 shown to be clearly unjustified or that have been made for an improper purpose (e.g.,
16 to unnecessarily encumber the case development process or to impose unnecessary
17 expenses and burdens on other parties) may expose the Designating Party to sanctions.
18 If it comes to a Designating Party’s attention that information or items that it
19 designated for protection do not qualify for protection, that Designating Party should
20 promptly notify all other Parties that it is withdrawing the inapplicable designation.
21 5.2 Manner and Timing of Designations. Except as otherwise provided in
22 this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material
23 that qualifies for protection under this Order must be clearly so designated at the time
24 the material is disclosed or 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 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or
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1 “CONFIDENTIAL-AEO,” as the case may be, to each page that contains protected
2 material.
3 (b) for testimony given in deposition or in other pretrial or trial proceedings,
4 that the Designating Party identify it as “CONFIDENTIAL” or “CONFIDENTIAL-
5 AEO” within thirty (30) days of the receipt of the final transcript of the deposition.
6 Until expiration of the 30-day period, the entire deposition shall be treated as
7 “CONFIDENTIAL-AEO.” Designations of Protected Material used in a public court
8 hearing should be designated at the time of the hearing with a request for the Court to
9 seal.
10 (c) for information produced in some form other than documentary and for any
11 other tangible items, that the Producing Party affix in a prominent place on the exterior
12 of the container or containers in which the information is stored the legend
13 “CONFIDENTIAL” or “CONFIDENTIAL-AEO,” as the case may be.
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 the
16 Designating Party’s right to secure protection under this Order for such material.
17 In the event that any Disclosure or Discovery Material is inadvertently
18 produced without a “CONFIDENTIAL” or “CONFIDENTIAL-AEO” designation,
19 the Party that inadvertently produced the document shall give written notice of such
20 inadvertent production within twenty (20) days of discovery of the inadvertent
21 production, together with a further copy of the subject Disclosure or Discovery
22 Material designated as “CONFIDENTIAL” or “CONFIDENTIAL-AEO,” as the case
23 may be (the “Inadvertent Production Notice”). Upon receipt of such Inadvertent
24 Production Notice, the Party that received the inadvertently produced Disclosure or
25 Discovery Material shall promptly destroy the inadvertently produced Disclosure or
26 Discovery Material and all copies thereof, or, at the expense of the Producing Party,
27 return such together with all copies of such Disclosure or Discovery Material to
28 counsel for the Producing Party and shall retain only the “CONFIDENTIAL” or
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[PROPOSED] PROTECTIVE ORDER
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1 “CONFIDENTIAL-AEO” materials. Should the Receiving Party choose to destroy
2 such inadvertently produced Disclosure or Discovery Material, the Receiving Party
3 shall notify the Producing Party in writing of such destruction within ten (10) days of
4 receipt of written notice of the inadvertent production. This provision is not intended
5 to apply to any inadvertent production of any Disclosure or Discovery Material
6 protected by attorney-client or work product privileges, which is addressed
7 specifically in Section 11 below. In the event that this provision conflicts with any
8 applicable law regarding waiver of confidentiality through the inadvertent production
9 of Documents, Testimony or Information, such law shall govern.
10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
11 6.1 Timing of Challenges. Any Party or Non–Party may challenge a
12 designation of confidentiality at any time that is consistent with the Court’s
13 Scheduling Order.
14 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
15 resolution process under Local Rule 37–1 et seq.
16 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
17 joint stipulation pursuant to Local Rule 37–2.
18 6.4 The burden of persuasion in any such challenge proceeding shall be on
19 the Designating Party. Frivolous challenges, and those made for an improper purpose
20 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
21 expose the Challenging Party to sanctions. Unless the Designating Party has waived
22 or withdrawn the confidentiality designation, all parties shall continue to afford the
23 material in question the level of protection to which it is entitled under the Producing
24 Party’s designation until the Court rules on the challenge.
25 7. ACCESS TO AND USE OF PROTECTED MATERIAL
26 7.1 Basic Principles. A Receiving Party may use Disclosure and Discovery
27 Material, including Protected Material, that is disclosed or produced by another Party
28 or by a Non–Party in connection with this Action only, for prosecuting, defending or
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[PROPOSED] PROTECTIVE ORDER
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1 attempting to settle this Action. Such Protected Material may be disclosed only to the
2 categories of persons and under the conditions described in this Order. When the
3 Action has been terminated, a Receiving Party must comply with the provisions of
4 section 13 below (FINAL DISPOSITION). Protected Material must be stored and
5 maintained by a Receiving Party in a secure manner that ensures that access is limited
6 to the persons authorized under this Order.
7 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
8 otherwise ordered by the Court or permitted in writing by the Designating Party, a
9 Receiving Party may disclose any information or item designated
10 “CONFIDENTIAL” only to:
11 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as
12 employees of said Outside Counsel of Record to whom it is reasonably necessary to
13 disclose the information for this Action;
14 (b) the officers, directors, employees, and consultants or advisors assisting in
15 this Action (including House Counsel) of the Receiving Party (where applicable) to
16 whom disclosure is reasonably necessary for this Action;
17 (c) Experts (as defined in this Order) of the Receiving Party, as well as
18 employees of said Experts, to whom disclosure is reasonably necessary for this Action
19 and who have signed the “Acknowledgment and Agreement to Be Bound”
20 (Exhibit A);
21 (d) the Court and its personnel;
22 (e) court reporters, stenographers, or videographers who record testimony in
23 connection with this Action;
24 (f) professional jury or trial consultants, mock jurors, and Professional Vendors
25 to whom disclosure is reasonably necessary for this Action and who have signed the
26 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
27 (g) the author or recipient of a document containing the information or a
28 custodian or other person who otherwise lawfully possessed or knew the information;
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1 (h) witnesses, noticed or subpoenaed, either at a deposition, through other
2 Discovery Requests, or in court proceedings, and the witness’s counsel, to the extent
3 that such disclosure is reasonably necessary for the proceedings or the resolution of
4 the Disputes, provided: (1) the deposing party requests that the witness sign the form
5 attached as Exhibit A hereto; and (2) the witness and his or her attorneys will not be
6 permitted to keep any confidential information unless they sign the
7 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
8 agreed by the Designating Party or ordered by the Court. Pages of transcribed
9 deposition testimony or exhibits to depositions that reveal Protected Material may be
10 separately bound by the court reporter and may not be disclosed to anyone except as
11 permitted under this Stipulated Protective Order; and
12 (i) any mediator or settlement officer, and their supporting personnel, mutually
13 agreed upon by any of the parties engaged in settlement discussions, or appointed by
14 the Court.
15 7.3 Disclosure of “CONFIDENTIAL-AEO” Information or Items. Unless
16 otherwise ordered by the Court or permitted in writing by the Designating Party, a
17 Receiving Party may disclose any information or item designated
18 “CONFIDENTIAL-AEO” only to:
19 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as
20 employees of said Outside Counsel of Record to whom it is reasonably necessary to
21 disclose the information for this litigation;
22 (b) Experts (as defined in this Order) of the Receiving Party, as well as
23 employees of said Experts, to whom disclosure is reasonably necessary for this
24 litigation and who have signed the “Acknowledgment and Agreement to Be Bound”
25 (Exhibit A);
26 (c) the Court and its personnel;
27 (d) court reporters and their staff, professional jury or trial consultants, mock
28 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this
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1 litigation and who have signed the “Acknowledgment and Agreement to Be Bound”
2 (Exhibit A);
3 (e) the author or recipient of a document containing the information or a
4 custodian or other person who otherwise possessed or knew the information;
5 (f) witnesses being questioned, either at a deposition or in court proceedings, and
6 the witnesses’ counsel, where the witness is indicated on the face of the document to
7 have been an author, addressee, or copy recipient thereof, an actual or intended recipient
8 thereof, or in the case of meeting minutes, an attendee of the meeting, in each case only
9 to the extent such disclosure is reasonably necessary for the proceedings or the
10 resolution of the Action, provided that the witness has signed or agreed on the record to
11 sign a Declaration in the form of Exhibit A provided hereto. Those witnesses and their
12 counsel who are shown “CONFIDENTIAL-AEO” material shall not be allowed to
13 retain copies.
14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
15 PRODUCED IN OTHER LITIGATION
16 If a Party is served with a subpoena or a court order issued in another litigation
17 or proceeding that compels disclosure of any information or items designated in this
18 Action as “CONFIDENTIAL” or “CONFIDENTIAL-AEO” that Party must:
19 (a) promptly notify in writing the Designating Party, and, if different, the
20 Producing Party. Such notification shall include a copy of the subpoena or court order;
21 (b) promptly notify in writing the party who caused the subpoena or order to
22 issue in the other litigation that some or all of the material covered by the subpoena
23 or order is subject to this Protective Order. Such notification shall include a copy of
24 this Protective Order; and
25 (c) cooperate with respect to all reasonable procedures sought to be pursued by
26 the Designating Party whose Protected Material may be affected. If the Designating
27 Party timely seeks a protective order, the Party served with the subpoena or court
28 order shall not produce any information designated in this action as
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1 “CONFIDENTIAL” or “CONFIDENTIAL-AEO” before a determination by the
2 court or other authorized body from which the subpoena or order issued, unless the
3 Party has obtained the Designating Party’s permission. The Designating Party shall
4 bear the burden and expense of seeking protection in that court or forum of its
5 confidential material, and nothing in these provisions should be construed as
6 authorizing or encouraging a Receiving Party in this Action to disobey a lawful
7 directive from another court.
8 9. A NON–PARTY’S PROTECTED MATERIAL SOUGHT TO BE
9 PRODUCED IN THIS LITIGATION
10 (a) The terms of this Order are applicable to information produced by a Non–
11 Party in this Action and designated as “CONFIDENTIAL” or “CONFIDENTIAL-
12 AEO.” Such information produced by Non–Parties in connection with this litigation
13 is protected by the remedies and relief provided by this Order. Nothing in these
14 provisions should be construed as prohibiting a Non–Party from seeking additional
15 protections.
16 (b) In the event that a Party is required, by a valid discovery request, to produce
17 a Non–Party’s confidential information in its possession, and the Party is subject to
18 an agreement with the Non–Party not to produce the Non–Party’s confidential
19 information, then the Party shall:
20 1) promptly notify in writing the Requesting Party and the Non–Party
21 that some or all of the information requested is subject to a confidentiality agreement
22 with a Non–Party;
23 2) promptly notify in writing the Requesting Party and the Non–Party
24 that some or all of the information requested is subject to a confidentiality agreement
25 with a Non–Party;
26 3) make the information requested available for inspection by the Non–
27 Party, if requested.
28
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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 shall 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 shall bear the burden and
8 expense 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 If Disclosure or Discovery Material or other information subject to a claim of
21 attorney-client privilege, work-product immunity, or any other applicable claim of
22 privilege or immunity is inadvertently produced or otherwise disclosed to any Party
23 or Non-Party, such production or disclosure shall in no way prejudice or otherwise
24 constitute a waiver of, or estoppel as to, any claim of privilege or immunity for such
25 Disclosure or Discovery Material or other information. Disclosure or Discovery
26 Material or other information subject to a claim of privilege or immunity must be
27 returned as soon as it is discovered, without any need to show the production was
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[PROPOSED] PROTECTIVE ORDER
Error! Unknown document property name.
Case 2:21-cv-10013-SSS-JEM Document 70 Filed 01/13/23 Page 16 of 20 Page ID #:3763
1 inadvertent. The Receiving Party shall not use the inadvertently produced Disclosure
2 or Discovery Material or other information for any purpose.
3 Upon request by the Producing Party pursuant to this Section, the Receiving
4 Party shall immediately return all copies of such document(s) or thing(s) and shall
5 destroy any derivative document such as a summary or comment on the inadvertently
6 produced information. The Receiving Party may then move the Court for an order
7 compelling production of such information, but the motion shall not assert as a ground
8 for production the fact or circumstances of the inadvertent production. If a claim is
9 disputed, the Receiving Party shall not use or disclose any Disclosure or Discovery
10 Material or other information for which a claim of privilege or immunity is made
11 pursuant to this Section for any purpose or until the matter is resolved by agreement
12 of the parties or by a decision of the Court.
13 This order shall be interpreted to provide the maximum protection allowed by
14 Federal Rule of Evidence 502(d). Nothing contained herein is intended to or shall
15 serve to limit a party’s right to conduct a review of documents, ESI, or information
16 (including metadata) for relevance, responsiveness, and/or segregation of privileged
17 and/or protected information before production.
18 12. MISCELLANEOUS
19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
20 Party or Non-Party producing documents subject to its terms to seek its modification
21 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 Local Civil Rule 79–5. Protected Material may
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[PROPOSED] PROTECTIVE ORDER
Error! Unknown document property name.
Case 2:21-cv-10013-SSS-JEM Document 70 Filed 01/13/23 Page 17 of 20 Page ID #:3764
1 only be filed under seal pursuant to a Court order authorizing the sealing of the
2 specific Protected Material at issue. If a Party’s request to file Protected Material
3 under seal is denied by the Court, then the Receiving Party may file the information
4 in the public record unless otherwise instructed by the Court.
5 13. FINAL DISPOSITION
6 After the Final Disposition of this Action, as defined in paragraph 4, within
7 sixty (60) days of a written request by the Designating Party, each Receiving Party
8 must return all Protected Material to the Producing Party or destroy such material. As
9 used in this subdivision, “all Protected Material” includes all copies, abstracts,
10 compilations, summaries, and any other format reproducing or capturing any of the
11 Protected Material. Whether the Protected Material is returned or destroyed, the
12 Receiving Party must submit a written certification to the Producing Party (and, if not
13 the same person or entity, to the Designating Party) by the 60 day deadline that
14 (1) identifies (by category, where appropriate) all the Protected Material that was
15 returned or destroyed and (2) affirms that the Receiving Party has not retained any
16 copies, abstracts, compilations, summaries or any other format reproducing or
17 capturing any of the Protected Material. Notwithstanding this provision, Counsel are
18 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,
19 and hearing transcripts, legal memoranda, correspondence, deposition and trial
20 exhibits, expert reports, attorney work product, and consultant and expert work
21 product, even if such materials contain Protected Material. Any such archival copies
22 that contain or constitute Protected Material remain subject to this Protective Order
23 as set forth in Section 4.
24 14. VIOLATION
25 Any violation of this Order may be punished by appropriate measures
26 including, without limitation, contempt proceedings and/or monetary sanctions.
27
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[PROPOSED] PROTECTIVE ORDER
Error! Unknown document property name.
Case 2:41-cv-10013-SSS-JEM Document 70 Filed 01/13/23 Page 18o0f20 Page ID #:3765
1 IT IS SO STIPULATED.
DATED: January 13, 2023 By: _/s/ Razmig Izakelian
6 ~ Razmig Izakelian
Attorney for Defendant Nina Ansary
9 || DATED: January 13, 2023 By: /s/ Benjamin J. Fox
10 Benjamin J. Fox
I Attorney for Plaintiff Sabine Altena
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'3/ FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
DATED: January 13, 2023
15 |j—___
Sele Weert Madero
17 N. JOHN E. MCDERMOTT
18 || United States Magistrate Judge
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crv! Unknown dcamen property ume [PROPOSED] PROTECTIVE ORDER
Case 2:21-cv-10013-SSS-JEM Document 70 Filed 01/13/23 Page 19 of 20 Page ID #:3766
1 ATTESTATION OF AUTHORITY TO FILE
2
I hereby attest, pursuant to Local Rule 5-4.3.4(a)(2)(i), that I obtained the
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concurrence in the filing of this document from the signatories indicated by the
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conformed signature (/s/).
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/s/ Benjamin J. Fox
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Benjamin J. Fox
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[PROPOSED] PROTECTIVE ORDER
Error! Unknown document property name.
Case 2:21-cv-10013-SSS-JEM Document 70 Filed 01/13/23 Page 20 of 20 Page ID #:3767
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, ______________________________________________[print or type full
4 name], of ____________________________________________[print or type full
5 address], declare under penalty of perjury that I have read in its entirety and
6 understand the Stipulated Protective Order that was issued by the United States
7 District Court for the Central District of California on _____, 20__ in the case of
8 Sabine Altena v. Nina Ansary, Case No. 2:21-cv-10013-SSS-JEM. I agree to
9 comply with and to be bound by all the terms of this Stipulated Protective Order,
10 and I understand and acknowledge that failure to so comply could expose me to
11 sanctions and punishment in the nature of contempt. I solemnly promise that I will
12 not disclose in any manner any information or item that is subject to this Stipulated
13 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
15 States District Court for the Central District of California for enforcing the terms of
16 this Stipulated Protective Order, even if such enforcement proceedings occur after
17 termination of this action.
18 I hereby appoint __________________________ [print or type full name] of
19 _______________________________________ [print or type full address and
20 telephone number] as my California agent for service of process in connection with
21 this action or any proceedings related to enforcement of this Stipulated Protective
22 Order.
23 Date: ______________________________________
24 City and State where sworn and signed: __________________________
25 Printed name: _______________________________
26 Signature: __________________________________
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–20–
[PROPOSED] PROTECTIVE ORDER
Error! Unknown document property name.