distinguishing “good 18 || cause” showing for sealing documents produced in discovery from “compelling 19 | reasons” standard when merits-related documents are part of court record
How later courts described this case
- distinguishing “good 18 || cause” showing for sealing documents produced in discovery from “compelling 19 | reasons” standard when merits-related documents are part of court record
Written by the judges who cited it.
The opinion
Case 5:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 1 of 18 Page ID #:559
MIEKE K. MALMBERG [SBN 209992] BAMBO OBARO (SBN 267683)
1 mmalmberg@skiermontderby.com bambo.obaro@weil.com
PAUL B. DERBY [SBN 211352] WEIL, GOTSHAL & MANGES LLP
2 pderby@skiermontderby. com 201 Redwood Shores Parkway
HAJIR ARDEBILI [SBN 224624] Redwood Shores, CA 94065
3 hardebili@skiermontderby.com Telephone: (650) 802-3000
MANE SARDARYAN [SBN 287201] Facsimile: (650) 802-3100
4 msardaryan@skiermontderby.com
SKIERMONT DERBY LLP DAVID J. LENDER (pro hac vice)
5 633 West Fifth Street, Suite 5800 david.lender@weil.com
Los Angeles, California 90071 BENJAMIN E. MARKS (pro hac
6 Telephone: (213) 788-4500 vice)
Facsimile: (213) 788-4545 benjamin.marks@weil.com
7 SARAH RYU (pro hac vice)
PAUL J. SKIERMONT [Pro Hac Vice] sarah.ryu@weil.com
8 pskiermont@skiermontderby.com WEIL, GOTSHAL & MANGES LLP
RYAN A. HARGRAVE [Pro Hac Vice] 767 Fifth Avenue
9 rhargrave@skiermontderby.com New York, NY 10153
ALEX E. GASSER [Pro Hac Vice] Telephone: (212) 310-8000
10 agasser@skiermontderby.com Facsimile: (212) 310-8007
SKIERMONT DERBY LLP
11 1601 Elm Street, Suite 4400 Attorneys for Defendant
Dallas, Texas 75201 MGA ENTERTAINMENT, INC.
12 Telephone: (214) 978-6600
Facsimile: (214) 978-6601
13
DOUG W. COLT [SBN 210915]
14 dcolt@coltlegal.com
COLT LEGAL GROUP
15 1034 Emerald Bay Road, Suite 4 43
South Lake Tahoe, California 96150
16 Telephone: (628) 400-2658
Facsimile: (628) 400-2658
17
Attorneys for Plaintiff
18 SHERRI BALDY
19
IN THE UNITED STATES DISTRICT COURT
20 CENTRAL DISTRICT OF CALIFORNIA
EASTERN DIVISION - RIVERSIDE
21
22 SHERRI BALDY, Case No.: 5:21-cv-01938-SSS-KK
23 Plaintiff,
[XPRXOXXPOXSXEXDX] STIPULATED
24 v. PROTECTIVE ORDER
25 MGA ENTERTAINMENT, INC.,
Magistrate Judge: Hon. Kenly Kato
26 Defendant.
27
28
PROTECTIVE ORDER
Case 6:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 20f18 Page ID #:560
1] 1. PURPOSES AND LIMITATIONS
2 Discovery in this Action (as defined herein) is likely to involve production of
3 | confidential, proprietary, or private information for which special protection from
4 | public disclosure and from use for any purpose other than this litigation may be
5 | warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6 | enter the following Stipulated Protective Order. The parties acknowledge that this
7 | Stipulated Protective Order does not confer blanket protections on all disclosures or
8 || responses to discovery and that the protection it affords from public disclosure and
9 | use extends only to the limited information or items that are entitled to confidential
10 | treatment under the applicable legal principles. The parties also acknowledge, as set
11 | forth in Section 13.5 below, that this Stipulated Protective Order does not entitle
12 | them to file confidential information under seal; rather, Civil Local Rule 79-5 sets
13 | forth the procedures that must be followed and the standards that will be applied
14 | when a party seeks permission from the Court to file material under seal.
15 | 2. GOOD CAUSE STATEMENT
16 This Action is likely to involve confidential, proprietary, and/or otherwise
17 | private information, including but not limited to research, development,
18 | commercial, and/or financial information for which special protection from public
19 || disclosure and from use for any purpose other than prosecution of this Action is
20 | warranted. Such confidential and proprietary materials and information consist of,
21 || among other things, confidential business or financial information, information
22 | regarding confidential business practices, or other confidential research,
23 | development, or commercial information (including information implicating
24 | privacy rights of third parties), information generally unavailable to the public, or
25 | which may be privileged or otherwise protected from disclosure under state or
26 | federal statutes, court rules, case decisions, or common law. The parties stipulate
27 || that disclosure of this information could cause competitive harm to the parties. For
28 | example, the parties believe that competitors will gain an unfair advantage if they
PROTECTIVE ORDER
Case :21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 3o0f18 Page ID #:561
1 | learn the parties’ Protected Material (as defined herein), such as financial
2 | information, accounting information, costs or profit structure, sales information,
3 | product lines, business and marketing strategy or information about operations.
4 | Accordingly, to expedite the flow of information, to facilitate the prompt resolution
5 | of disputes over confidentiality of discovery materials, to adequately protect
6 | information the parties are entitled to keep confidential, to ensure that the parties
7 | are permitted reasonably necessary uses of such material in preparation for and in
8 || the conduct of trial, to address their handling at the end of the litigation, and to
9 || serve the ends of justice, a protective order for such information is justified in this
10 | matter. It is the intent of the parties that information will not be designated as
11 | confidential for tactical reasons and that nothing be so designated without a good
12 | faith belief that it has been maintained in a confidential, non-public manner, and
13 | there is good cause why it should not be part of the public record of this case.
14 | 3. DEFINITIONS
15 3.1 “Action”: The above-captioned action.
16 3.2 “Challenging Party”: A Party or Non-Party that challenges the
17 designation of information or items under this Stipulated Protective Order.
18 3.3. “CONFIDENTIAL” Information or Items: Information
19 (regardless of how it is generated, stored or maintained) or tangible things
20 that qualify for protection under Federal Rule of Civil Procedure 26(c), and
21 as specified above in the Good Cause Statement.
22 3.4 “Counsel”: Outside Counsel retained in connection with this
23 Action and In-House Counsel (as well as their support staff).
24 3.5 “Designating Party”: A Party or Non-Party that designates
25 information or items that it produces in disclosures or in responses to
26 discovery as “CONFIDENTIAL.”
27 3.6 “Disclosure or Discovery Material’: All items or information,
28 regardless of the medium or manner in which they are generated, stored, or
PROTECTIVE ORDER
Case :21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 4o0f18 Page ID #:562
1 maintained (including, among other things, testimony, transcripts, and
2 tangible things), that are produced or generated in disclosures or responses to
3 discovery in this matter.
4 3.7 “Expert”: A person, who is not an employee of a Party to this
5 Action, with specialized knowledge or experience in a matter pertinent to the
6 Action, including his/her/their employees and support staff, who has been
7 retained by a Party or its Counsel to serve as an expert witness or as a non-
8 testifying consultant in this Action.
9 3.8 “In-House Counsel”: Attorneys who are employees of a party to
10 this Action. In-House Counsel does not include Outside Counsel or any other
11 outside counsel.
12 3.9 “Non-Party”: Any natural person, partnership, corporation,
13 association, or other legal entity not named as a Party to this Action.
14 3.10 “Qutside Counsel”: Attorneys, paralegals, and other support
15 personnel who are not employees of a Party to this Action but are retained to
16 represent or advise a party to this Action.
17 3.11 “Party”: Any party to this Action, including all of its officers,
18 directors, employees, consultants, retained experts, and Outside Counsel (and
19 their support staffs).
20 3.12 “Producing Party”: A Party or Non-Party that produces
21 Disclosure or Discovery Material in this Action.
22 3.13 “Professional Vendors”: Persons or entities, including electronic
23 discovery vendors and hearing/trial graphic consultants that provide litigation
24 support services (e.g., photocopying, videotaping, translating, preparing
25 exhibits or demonstrations, and organizing, storing, or retrieving data in any
26 form or medium) and their employees and subcontractors.
27 3.14 “Protected Material”: Any Disclosure or Discovery Material that
28 is designated as “CONFIDENTIAL.”
PROTECTIVE ORDER
Case 6:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 5of18 Page ID #:563
1 3.15 “Receiving Party”: A Party that receives Disclosure or
2 Discovery Material from a Producing Party.
3 | 4. SCOPE
4 The protections conferred by this Stipulation and Order cover not only
5 | Protected Material (as defined above), but also (1) any information copied or
6 | extracted from Protected Material; (2) all copies, excerpts, summaries, or
7 | compilations of Protected Material; and (3) any testimony, conversations, or
8 || presentations by Parties or their Counsel that might reveal Protected Material. Any
9 | use of Protected Material at trial shall be governed by the orders of the trial judge.
10 | This Order does not govern the use of Protected Material at trial.
11 | 5. DURATION
12 Once a case proceeds to trial, absent a contrary order by the trial judge,
13 || Protected Material that was used or introduced as an exhibit at trial becomes public
14 | and will be presumptively available to all members of the public, including the
15 | press, unless compelling reasons supported by specific factual findings to proceed
16 | otherwise are made to the trial judge in advance of the trial. See Kamakana v. City
17 || and County of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006) (distinguishing “good
18 || cause” showing for sealing documents produced in discovery from “compelling
19 | reasons” standard when merits-related documents are part of court record).
20 For Protected Material not used at trial, subject to Section 14 below, the
21 | confidentiality obligations imposed by this Order shall remain in effect, even after
22 | final disposition of this Action, until a Designating Party agrees otherwise in
23 | writing or a court order otherwise directs. Final disposition shall be deemed to be
24 | the later of: (1) dismissal of all claims and defenses in this Action, with or without
25 | prejudice; and (2) final judgment herein after the completion and exhaustion of all
26 | appeals, rehearings, remands, trials, or reviews of this Action, including the time
27 || limits for filing any motions or applications for extension of time pursuant to
28 || applicable law.
PROTECTIVE ORDER
Case 6:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page6Gof18 Page ID #:564
1] 6. DESIGNATING PROTECTED MATERIALS
2 6.1 Exercise of Restraint and Care in Designating Material for
3 Protection. Each Party or Non-Party that designates information or items for
4 protection under this Stipulated Protective Order must take care to limit any
5 such designation to specific material that qualifies under the appropriate
6 standards. The Designating Party must designate for protection only those
7 parts of material, documents, items, or oral or written communications that
8 qualify so that other portions of the material, documents, items, or
9 communications for which protection is not warranted are not swept
10 unjustifiably within the ambit of this Stipulated Protective Order. Mass,
11 indiscriminate, or routinized designations of large swaths of documents are
12 prohibited. Designations that are shown to be clearly unjustified and not
13 inadvertent, or that have been made for an improper purpose (e.g., to
14 unnecessarily encumber or slow the case development process or to impose
15 unnecessary expenses and burdens on other parties) expose the Designating
16 Party to sanctions.
17 If it comes to a Designating Party’s attention that information or items
18 that it designated for protection do not qualify for protection at all or do not
19 qualify for the level of protection initially asserted, that Designating Party
20 must promptly notify all other parties that it is withdrawing the mistaken
21 designation.
22 6.2 Manner and Timing of Designations. Except as otherwise
23 provided in this Stipulated Protective Order (see, e.g., Section 6.3 below), or
24 as otherwise stipulated or ordered, Disclosure or Discovery Material that
25 qualifies for protection under this Stipulated Protective Order must be clearly
26 so designated before or at the same time the material is disclosed or
27 produced.
28 Designation in conformity with this Stipulated Protective Order requires:
PROTECTIVE ORDER
Case 6:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 7of18 Page ID #:565
1 a. For information in documentary form (e.g., paper or electronic
2 documents, but excluding transcripts of depositions or other pretrial or trial
3 proceedings), that the Producing Party affix the legend “CONFIDENTIAL”
4 to each page of a document that contains protected material.
5 b. A Party or Non-Party that makes original documents or
6 materials available for inspection need not designate them for protection until
7 after the inspecting Party has indicated which material it would like copied
8 and produced. During the inspection and before the designation, all of the
9 material made available for inspection shall be deemed “CONFIDENTIAL.”
10 After the inspecting Party has identified the documents it wants copied and
11 produced, the Producing Party must within seven (7) calendar days (a)
12 determine which documents, or portions thereof, qualify for protection under
13 this Stipulated Protective Order, and (b) produce the specified documents
14 with the appropriate legend (“CONFIDENTIAL’’) affixed to each document
15 that contains Protected Material.
16 Cc. For testimony given in depositions, that the Designating Party
17 identify the Disclosure or Discovery Material on the record before the close
18 of the deposition all protected testimony or within seven (7) calendar days
19 after receiving the deposition transcript in writing to Outside Counsel for the
20 other Party. Prior to expiration of the seven-day period, deposition testimony
21 shall be deemed “CONFIDENTIAL.”
22 d. For information produced in some form other than a document
23 and for any other tangible items, that the Producing Party affix in a
24 prominent place on the exterior of the container or containers in which the
25 information or item is stored the “CONFIDENTIAL” legend. If only a
26 portion or portions of the information warrants protection, the Producing
27 Party, to the extent practicable, shall identify the protected portion(s) and
28 specify the level of protection being asserted.
PROTECTIVE ORDER
Case 6:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 8of18 Page ID #:566
1 6.3 Inadvertent Failures to Designate. If timely corrected, an
2 inadvertent failure to designate qualified information or items does not,
3 standing alone, waive the Designating Party’s right to secure protection
4 under this Stipulated Protective Order for such material. Upon timely
5 correction of a designation, the Receiving Party must make reasonable efforts
6 to assure that the material is treated in accordance with the provisions of this
7 Stipulated Protective Order.
8 | 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS
9 7.1. Timing of Challenges. Any Party or Non-Party may challenge a
10 designation of confidentiality at any time prior to trial. A Party does not
11 waive its right to challenge a confidentiality designation by electing not to
12 mount a challenge promptly after the original designation is disclosed.
13 7.2 Meet and Confer. The Challenging Party shall initiate the
14 dispute resolution process under Local Rule 37-1 et seq.
15 7.3. Judicial Intervention. Any challenge submitted to the Court shall
16 be via a joint stipulation pursuant to Local Rule 37-2. The burden of
17 persuasion in any such challenge proceeding shall be on the Designating
18 Party. Frivolous challenges, and those made for an improper purpose (e.g., to
19 harass or impose unnecessary expenses and burdens on other parties) may
20 expose the Challenging Party to sanctions. Unless the Designating Party has
21 waived or withdrawn the confidentiality designation, all parties shall
22 continue to afford the material in question the level of protection to which it
23 is entitled under the Producing Party’s designation until the Court rules on
24 the challenge.
25 | 8. ACCESS TO AND USE OF PROTECTED MATERIAL
26 8.1 Basic Principles. A Receiving Party may use Protected Material
27 or any other information or documents that is disclosed or produced by
28 another Party or by a Non-Party in connection with this Action only for
PROTECTIVE ORDER
Case :21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 9of18 Page ID #:567
1 prosecuting, defending, or attempting to settle this Action. Such Protected
2 Material may be disclosed only to the categories of persons and under the
3 conditions described in this Stipulated Protective Order. When the Action has
4 been terminated, a Receiving Party must comply with the provisions of
5 Section 14 below. Protected Material must be stored and maintained by a
6 Receiving Party at a location and in a secure manner that ensures that access
7 is limited to the persons authorized under this Stipulated Protective Order.
8 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
9 otherwise ordered by the Court or permitted in writing by the Designating
10 Party, a Receiving Party may disclose any information or item designated
11 “CONFIDENTIAL” only to:
12 a. the Receiving Party’s Outside Counsel in this Action;
13 b. the Receiving Party’s In-House Counsel to whom disclosure is
14 reasonably necessary for this litigation;
15 C. the Receiving Party’s Experts to whom disclosure is reasonably
16 necessary for this Action and who have signed the “Acknowledgment and
17 Agreement to Be Bound” (attached as Exhibit A hereto), subject to Section 9
18 below;
19 d. the Court and its personnel;
20 e. court reporters and their staff, as well as Professional Vendors to
21 whom disclosure is reasonably necessary for this Action;
22 f. jury or trial consultants and mock jurors to whom disclosure is
23 reasonably necessary for this Action and who have signed the
24 “Acknowledgment and Agreement to be Bound” (Exhibit A);
25 g. during their depositions, any witness designated by the
26 Designating Party under Fed. R. Civ. P. 30(b)(6), the author or recipient of a
27 document containing the information or a custodian or other person whom
28
PROTECTIVE ORDER
Case 9:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 10o0f18 Page ID #:568
1 Counsel for the Receiving Party has a good faith basis to believe otherwise
2 previously had access to the information.
3 h. during their depositions, witnesses, and attorneys for witnesses,
4 in the Action to whom disclosure is reasonably necessary, provided: (1) if the
5 witness is not a witness employed by the Designating Party, the deposing
6 Party requests that the witness sign the “Acknowledgment and Agreement to
7 Be Bound” (Exhibit A); and (2) they will not be permitted to keep any
8 confidential information unless otherwise agreed by the Designating Party or
9 ordered by the Court. Pages of transcribed deposition testimony or exhibits to
10 depositions that reveal Protected Material may be separately bound by the
11 court reporter and may not be disclosed to anyone except as permitted under
12 this Stipulated Protective Order; and
13 1. any mediator or settlement officer, and their supporting
14 personnel, mutually agreed upon by any of the parties engaged in settlement
15 discussions.
16 | 9. PROCEDURES FOR APPROVING OR OBJECTING TO
17 DISCLOSURE OF “CONFIDENTIAL” INFORMATION OR ITEMS
18 TO EXPERTS.
19 a. Unless otherwise ordered by the Court or agreed to in writing by
20 the Designating Party, a Receiving Party that seeks to disclose to an Expert
21 (as defined in this Order) any information or item that has been designated
22 “CONFIDENTIAL” first must make a written request via e-mail to the
23 Designating Party’s Outside Counsel of Record. In the case of an Expert, the
24 written request must: (1) set forth the full name of the Expert and the city and
25 state of his or her primary residence, (2) attach a copy of the Expert’s current
26 resume or curriculum vitae, and (3) identify (by name and number of the case
27 and location of court) any litigation in connection with which the Expert has
28 offered expert testimony, including through a declaration, report, or
10
PROTECTIVE ORDER
Case 9:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 11of18 Page ID #:569
1 testimony at a deposition or trial, during the preceding four years. The
2 Designating Party shall have five (5) business days after confirmed receipt of
3 such notice to object in writing via email to the Receiving Party’s Outside
4 Counsel of Record that made the written e-mail request disclosing the Expert.
5 A Designating Party shall not object or otherwise refuse to approve an Expert
6 without cause or for the purpose of delay.
7 b. A Receiving Party that makes a request and provides the
8 information specified in the preceding respective paragraphs shall not
9 disclose the subject Protected Material to the identified Expert until
10 expiration of the 5-day notice period or written confirmation that no
11 objection will be forthcoming during that period. Any such objection must
12 set forth in detail the grounds on which it is based. If during the notice period
13 the Designating Party serves an objection upon the Receiving Party desiring
14 to disclose Protected Material to the Expert, there shall be no disclosure of
15 Protected Material to such individual pending resolution of the objection. A
16 Receiving Party that receives a timely written objection must meet and
17 confer with the Designating Party (through direct voice-to-voice dialogue) to
18 try to resolve the matter by agreement within three (3) business days after the
19 written objection is served.
20 C. If the Parties are unable to resolve any objection during the meet
21 and confer, the Producing Party may file a motion with the Court within
22 fifteen (15) days of the notice, or within such other time as the parties may
23 agree, seeking a protective order with respect to the proposed disclosure. In
24 any such proceeding, the Designating Party opposing disclosure to an Expert
25 shall bear the burden of proving that the risk of harm that the disclosure
26 would entail (under the safeguards proposed) outweighs the Receiving
27 Party’s need to disclose the Protected Material to a particular Expert. No
28
11
PROTECTIVE ORDER
Case 4:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 120f18 Page ID #:570
1 disclosure shall occur until all such objections are resolved by agreement or
2 court order.
3 | 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
4 PRODUCED IN OTHER LITIGATION
5 If a Party is served with a subpoena or a court order issued in other litigation
6 | that compels disclosure of any information or items designated in this Action as
7 | “CONFIDENTIAL” that Party must:
8 a. Promptly notify in writing the Designating Party. Such
9 notification shall include a copy of the subpoena or court order;
10 b. Promptly notify in writing the party who caused the subpoena or
11 order to issue in the other litigation that some or all of the material covered
12 by the subpoena or order is subject to this Stipulated Protective Order. Such
13 notification shall include a copy of this Stipulated Protective Order; and
14 Cc. Cooperate with respect to all reasonable procedures sought by
15 the Designating Party whose Protected Material may be affected.
16 If the Designating Party timely seeks a protective order, the Party served with
17 | the subpoena or court order shall not produce any information designated in this
18 | Action as “CONFIDENTIAL” before a determination by the court from which the
19 || subpoena or order issued, unless the Party has obtained the Designating Party’s
20 | permission. The Designating Party shall bear the burden and expense of seeking
21 | protection in that court of its confidential material — and nothing in these provisions
22 | should be construed as authorizing or encouraging a Receiving Party in this Action
23 || to disobey a lawful directive from another court.
24 | 11. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
25 PRODUCED IN THIS LITIGATION
26 The terms of this Stipulated Protective Order are applicable to information
27 || produced by a Non-Party in this Action and designated as “CONFIDENTIAL.”
28 | Such information produced by Non-Parties in connection with this litigation is
12
PROTECTIVE ORDER
Case 4:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 13o0f18 Page ID #:571
1 | protected by the remedies and relief provided by this Order. Nothing in these
2 | provisions should be construed as prohibiting a Non-Party from seeking additional
3 || protections.
4 In the event that a Party is required, by a valid discovery request, to produce
5 | a Non-Party’s confidential information in its possession, and the Party is subject to
6 | an agreement with the Non-Party not to produce the Non-Party’s confidential
7 | information, then the Party shall:
8 a. Promptly notify in writing the Requesting Party and the Non-
9 Party that some or all of the information requested is subject to a
10 confidentiality agreement with a Non-Party;
11 b. Promptly provide the Non-Party with a copy of this Stipulated
12 Protective Order in this Action, the relevant discovery request(s), and a
13 reasonably specific description of the information requested; and
14 Cc. Make the information requested available for inspection by the
15 Non-Party, if requested.
16 If the Non-Party fails to seek a protective order from this Court within 14
17 || days of receiving the notice and accompanying information, the Receiving Party
18 || may produce the Non-Party’s confidential information responsive to the discovery
19 | request. If the Non-Party timely seeks a protective order, the Receiving Party shall
20 | not produce any information in its possession or control that is subject to the
21 | confidentiality agreement with the Non-Party before a determination by the Court.
22 | Absent a court order to the contrary, the Non-Party shall bear the burden and
23 || expense of seeking protection in this Court of its Protected Material.
24 | 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
26 | Protected Material to any person or in any circumstance not authorized under this
27 | Stipulated Protective Order, the Receiving Party must immediately (1) notify in
28 || writing the Designating Party of the unauthorized disclosures, (2) use its best
13
PROTECTIVE ORDER
Case 4:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 14o0f18 Page ID #:572
1 | efforts to retrieve all unauthorized copies of the Protected Material, (3) inform the
2 | person or persons to whom unauthorized disclosures were made of all the terms of
3 | this Stipulated Protective Order, and (4) request such person or persons to execute
4 | the “Acknowledgment and Agreement to Be Bound” that is attached hereto as
5 | Exhibit A.
6 | 13. PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
7 MATERIAL
8 If any Receiving Party recognizes that any Producing Party may have
9 | produced material that is subject to a claim of privilege or other protection, it shall
10 | notify the Producing Party promptly. When a Producing Party gives notice to
11 | Receiving Parties that certain produced material is subject to a claim of privilege or
12 | other protection, either through discovery of the production on its own or after
13 | being notified by a Receiving Party, the obligations of the Receiving Parties are
14 | those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not
15 || intended to modify whatever procedure may be established in an e-discovery order
16 | that provides for production without prior privilege review. Pursuant to Federal
17 | Rule of Evidence 502(d) and (e), the production or disclosure of any document or
18 | thing (including information and Protected Material) otherwise protected by the
19 | attorney-client privilege, work product immunity, or other privilege or immunity
20 | shall not operate as a waiver of any such privilege or immunity.
21 | 14. MISCELLANEOUS
22 13.1 Right to Further Relief. Nothing in this Stipulated Protective Order
23 | abridges the right of any person to seek its modification by the Court in the future.
24 13.2 Right to Assert Other Objections. By stipulating to the entry of this
25 | Stipulated Protective Order, no Party waives any right it otherwise would have to
26 | object to disclosing or producing any information or item on any ground not
27 || addressed in this Stipulated Protective Order. Similarly, no Party waives any right
28
14
PROTECTIVE ORDER
Case 4:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 15o0f18 Page ID #:573
1 | to object on any ground to use in evidence of any of the material covered by this
2 | Stipulated Protective Order.
3 13.3 Use of a Party’s Own Protected Material. Nothing in this Stipulated
4 | Protective Order restricts in any way a Party’s use or disclosure of its own
5 | Protected Material.
6 13.4 No Presumption as to Confidentiality. The fact that information is
7 | marked with a confidentiality designation under the Protective Order shall not be
8 || deemed to be determinative of what a trier of fact may determine to be confidential,
9 | proprietary, or a trade secret. The fact that any information is disclosed, used, or
10 | produced in this Action with a confidentiality designation shall not be offered in
11 | any action or proceeding before any court, agency, or tribunal as evidence of or
12 | concerning whether or not such information is admissible, confidential, or
13 || proprietary.
14 13.5 Filing Protected Material. A Party that seeks to file under seal any
15 || Protected Material must comply with Civil Local Rule 79-5. Protected Material
16 | may be filed only under seal pursuant to a court order authorizing the sealing of the
17 | specific Protected Material at issue. If a Party's request to file Protected Material
18 | under seal is denied by the Court, then the Receiving Party may file the information
19 | in the public record unless otherwise instructed by the Court.
20 | 15. FINAL DISPOSITION
21 After the final disposition of this Action, as defined in Section 5, 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
24 | used 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. Whether the Protected Material is returned or destroyed, the
27 | Receiving Party must submit a written certification to the Producing Party (and, if
28 | not the same person or entity, to the Designating Party) by the sixty-day deadline
15
PROTECTIVE ORDER
Case 5:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 16 of 18 Page ID #:574
1 that (1) identifies (by category, where appropriate) all the Protected Material that
2 was returned or destroyed and (2) affirms that the Receiving Party has not retained
3 any copies, abstracts, compilations, summaries or any other format reproducing or
4 capturing any of the Protected Material. Notwithstanding this provision, Counsel
5 are entitled to retain an archival copy of all pleadings, motion papers, trial,
6 deposition, and hearing transcripts, legal memoranda, correspondence, deposition
7 and trial exhibits, expert reports, attorney work product, and consultant and expert
8 work product, even if such materials contain Protected Material. Any such archival
9 copies that contain or constitute Protected Material remain subject to this Protective
10 Order as set forth in Section 5.
11 Any violation of this Order may be punished by any and all appropriate
12 measures including, without limitation, contempt proceedings and/or monetary
13 sanctions.
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PROTECTIVE ORDER
Case 4:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 17 o0f18 Page ID#:575
1 | IT ISSO STIPULATED, THROUGH COUNSEL OF RECORD.
21 Dated: February 7, 2023 Respectfully submitted,
3 | SKIERMONT DERBY LLP WEIL, GOTSHAL & MANGES LLP
4 | /s/ Hajir Ardebili /s/ Benjamin E. Marks
Mieke K. Malmberg (SBN 209992) Bambo Obaro (SBN 267683)
5 | mmalmberg@skiermontderby.com bambo.obaro@ weil. com
Paul B. Derby (SBN 21 1352) WEIL, GOTSHAL & MANGES LLP
6 pderby@skicrmontderby-com 201 Redwood Shores Parkway
ajir Ardebili (SBN 224624) Redwood Shores, CA 94065
7 hardebili@skiermontderby com Telephone: (099) 802-3000
Mane Sardaryan (SBN 287201) Facsimile: (650) 802-3100
8 msardaryan(@skicrmoniderby.com
SKIERMONT DERBY LLP David J. Lender (pro hac vice)
9 | 633 W. 5" Street, Suite 5800 david.lender@weil.com
Los Angeles, California 90071 Benjamin E. Marks (pro hac vice)
10 | Telephone: GBR) 788-4500 benjamin.marks@weil.com
Facsimile: (213) 788-4545 Sarah Ryu (pro hac vice)
1 Sarah. ryu@/weil.com
Paul J. Skiermont [Pro Hac Vice] WEIL, GOTSHAL & MANGES LLP
12 pskiermont@skiermontderby,com 767 Fifth Avenue
yan A. Hargrave [Pro Hac Vice] New York, NY 10153
13 thargrayve@s iermontderby.com Telephone: Ge) 310-8000
Alexander E. Gasser [Pro Hac Vice] Facsimile: (212) 310-8007
14 agasser@skiermontderby.com
SKIERMONT DERBY LLP Attorneys for Defendant
15 1601 Elm Street, Suite 4400 MGA ENTERTAINMENT, INC.
Dallas, Texas 75201
16 | Telephone: (214) 978-6600
7 Facsimile: (214) 978-6601
Doug W. Colt (SBN 210915)
18 deolt@eoltlega .com
COLT LEGAL GROUP
19 1034 Emerald Bay Road Suite 443
South Lake Tahoe, CA 96150
20 | Telephone: (628) 400-2658
Facsimile: (628) 400-2658
Attorneys for Plaintiff
22 | SHERRI BALDY
23
24 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
25
46 DATED: February 8, 2023 Len ky | | |
Hon. Kenly Kaya Kato
27 United States Magistrate Judge
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PROTECTIVE ORDER
Case 5:2 1-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 18 of 18 Page ID #:576
1 EXHIBIT A
2 ACKNOWLEDGE MENT AND AGREEMENT TO BE BOUND
3 I, __________________________________ [full name],
4 of _____________________________________________________ [full address],
5 declare under penalty of perjury that I have read in its entirety and understand the
6 Stipulated Protective Order that was issued by the United States District Court for
7 the Central District of California in the case of Sherri Baldy v. MGA Entertainment,
8 Inc., Case No. 1:21-cv-10938-SSS-KK (C.D. Cal.). I agree to comply with and to
9 be bound by all the terms of this Stipulated Protective Order and I understand and
10 acknowledge that failure to so comply could expose me to sanctions and
11 punishment in the nature of contempt. I solemnly promise that I will not disclose in
12 any manner any information or item that is subject to this Stipulated Protective
13 Order to any person or entity except in strict compliance with the provisions of this
14 Order.
15 I further agree to submit to the jurisdiction of the United States District Court
16 for the Central District of California for the purpose of enforcing the terms of this
17 Stipulated Protective Order, even if such enforcement proceedings occur after
18 termination of this action. I hereby appoint __________________________ [full
19 name] of _____________________________ [full address and telephone number]
20 as my California agent for service of process in connection with this action or any
21 proceedings related to enforcement of this Stipulated Protective Order.
22
23 Date: _________________________________
24 City and State where sworn and signed: _________________________________
25 Printed name: ______________________________
26 Signature: __________________________________
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EXHIBIT A – PROTECTIVE ORDER