distinguishing “good cause” 7 showing for sealing documents produced in discovery from “compelling reasons” standard when 8 merits-related documents are part of court record
How later courts described this case
- distinguishing “good cause” 7 showing for sealing documents produced in discovery from “compelling reasons” standard when 8 merits-related documents are part of court record
- even stipulated protective orders require 17 good cause showing
Written by the judges who cited it.
The opinion
Case 2:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 1 of 15 Page ID #:157
1 Mark D. Campbell (SBN 180528)
mdcampbell@shb.com
2 Matt Light (SBN 294007)
mlight@shb.com
3 Abigail Hudson (SBN 327632)
ahudson@shb.com
4 SHOOK, HARDY & BACON L.L.P.
2049 Century Park East, Suite 3000
5 Los Angeles, California 90067
Telephone: 424-285-8330
6 Fax: 424-204-9093
7 Attorneys for Plaintiffs
VOGUE RECOVERY CALIFORNIA LLC
8 VOGUE RECOVERY ARIZONA LLC
VOGUE RECOVERY CENTER LLC
9
David D. Piper (SBN 179889)
10 david.piper@kyl.com
Elizabeth A. Kendrick (SBN 341529)
11 Elizabeth.kendrick@kyl.com
Lucas Garcia (SBN 341529)
12 KEESAL, YOUNG & LOGAN
A Professional Corporation
13 400 Oceangate, Suite 1400
Long Beach, California 90802
14 Telephone: 562-436-2000
Fax: 562-436-7416
15
Attorneys for Defendants
16
17 UNITED STATES DISTRICT COURT
18 CENTRAL DISTRICT OF CALIFORNIA
19 VOGUE RECOVERY Case No. 2:22-cv-06751-MCS-AFM
CALIFORNIA LLC, et al.,
20
21 Plaintiffs, [PROPOSED] STIPULATED
PROTECTIVE ORDER1
22 v.
DISCOVERY MATTER
23 CMJ RECOVERY CA LLC, et al.,
24
Defendants.
25
26
27
28
1 This Stipulated Protective Order is based substantially on the model protective order provided under
Magistrate Judge Alexander F. MacKinnon’s Procedures.
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 2 of 15 Page ID #:158
1 Plaintiffs Vogue Recovery Center LLC, Vogue Recovery Arizona LLC, and Vogue Recovery
2 California LLC (collectively, “Plaintiffs”) and defendants CMJ Recovery NV LLC, CMJ Recovery
3 AZ LLC, and CMJ Recovery CA LLC, Shaul Kopelwitz, Michael Milch, Joel Strulovics, Yisroel
4 Herzka (collectively, “Defendants”) hereby jointly submit for the Court’s approval in the above-
5 captioned action this proposed Stipulated Protective Order:
6
7 1. A. PURPOSES AND LIMITATIONS
8 Discovery in this action is likely to involve production of confidential, proprietary or private
9 information for which special protection from public disclosure and from use for any purpose other
10 than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and
11 petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this
12 Order does not confer blanket protections on all disclosures or responses to discovery and that the
13 protection it affords from public disclosure and use extends only to the limited information or items
14 that are entitled to confidential treatment under the applicable legal principles.
15
16 B. GOOD CAUSE STATEMENT
17 This action is likely to involve confidential healthcare billing, payment, and operations
18 information and other valuable commercial, financial, and/or proprietary and/or private information
19 for which special protection from public disclosure and from use for any purpose other than
20 prosecution of this action is warranted. Such confidential and proprietary materials and information
21 consist of, among other things, confidential business or financial information, information regarding
22 confidential business practices, or other confidential commercial information (including information
23 implicating privacy rights of third parties, such as healthcare patients), information otherwise
24 generally unavailable to the public, or which may be privileged or otherwise protected from disclosure
25 under state or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite
26 the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery
27 materials, to adequately protect information the parties are entitled to keep confidential, to ensure that
28 the parties are permitted reasonable necessary uses of such material in preparation for and in the
2
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 3 of 15 Page ID #:159
1 conduct of trial, to address their handling at the end of the litigation, and serve the ends of justice, a
2 protective order for such information is justified in this matter. It is the intent of the parties that
3 information will not be designated as confidential for tactical reasons and that nothing be so designated
4 without a good faith belief that it has been maintained in a confidential, non-public manner, and there
5 is good cause why it should not be part of the public record of this case.
6
7 C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER SEAL
8 The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated
9 Protective Order does not entitle them to file confidential information under seal; Local Civil Rule
10 79-5 sets forth the procedures that must be followed and the standards that will be applied when a
11 party seeks permission from the court to file material under seal.
12 There is a strong presumption that the public has a right of access to judicial proceedings and
13 records in civil cases. In connection with non-dispositive motions, good cause must be shown to
14 support a filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th
15 Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v.
16 Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require
17 good cause showing), and a specific showing of good cause or compelling reasons with proper
18 evidentiary support and legal justification, must be made with respect to Protected Material that a party
19 seeks to file under seal. The parties’ mere designation of Disclosure or Discovery Material as
20 CONFIDENTIAL does not—without the submission of competent evidence by declaration,
21 establishing that the material sought to be filed under seal qualifies as confidential, privileged, or
22 otherwise protectable—constitute good cause.
23 Further, if a party requests sealing related to a dispositive motion or trial, then compelling
24 reasons, not only good cause, for the sealing must be shown, and the relief sought shall be narrowly
25 tailored to serve the specific interest to be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d
26 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought to be
27 filed or introduced under seal in connection with a dispositive motion or trial, the party seeking
28 protection must articulate compelling reasons, supported by specific facts and legal justification, for
3
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 4 of 15 Page ID #:160
1 the requested sealing order. Again, competent evidence supporting the application to file documents
2 under seal must be provided by declaration.
3 Any document that is not confidential, privileged, or otherwise protectable in its entirety will
4 not be filed under seal if the confidential portions can be redacted. If documents can be redacted, then
5 a redacted version for public viewing, omitting only the confidential, privileged, or otherwise
6 protectable portions of the document, shall be filed. Any application that seeks to file documents under
7 seal in their entirety should include an explanation of why redaction is not feasible.
8
9 2. DEFINITIONS
10 2.1 Action: This pending federal lawsuit, VOGUE RECOVERY CALIFORNIA LLC, et al.
11 vs. CMJ RECOVERY CA LLC, et al., Case No. 2:22-cv-06751-MCS-AFM.
12 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information
13 or items under this Order.
14 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is
15 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of
16 Civil Procedure 26(c), and as specified above in the Good Cause Statement.
17 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
18 their support staff).
19 2.5 Designating Party: a Party or Non-Party that designates information or
20 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
21 2.6 Disclosure or Discovery Material: all items or information, regardless
22 of the medium or manner in which it is generated, stored, or maintained (including, among
23 other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures
24 or responses to discovery in this matter.
25 2.7 Expert: a person with specialized knowledge or experience in a matter
26 pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert
27 witness or as a consultant in this Action.
28 2.8 House Counsel: attorneys who are employees of a party to this Action.
4
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 5 of 15 Page ID #:161
1 House Counsel does not include Outside Counsel of Record or any other outside counsel.
2 2.9 Non-Party: any natural person, partnership, corporation, association or
3 other legal entity not named as a Party to this action.
4 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this Action
5 but are retained to represent or advise a party to this Action and have appeared in this Action on behalf
6 of that party or are affiliated with a law firm that has appeared on behalf of that party, and includes
7 support staff.
8 2.11 Party: any party to this Action, including all of its officers, directors, employees,
9 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
10 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material
11 in this Action.
12 2.13 Professional Vendors: persons or entities that provide litigation support services (e.g.,
13 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing,
14 or retrieving data in any form or medium) and their employees and subcontractors.
15 2.14 Protected Material: any Disclosure or Discovery Material that is designated as
16 “CONFIDENTIAL.”
17 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a
18 Producing Party.
19
20 3. SCOPE
21 The protections conferred by this Stipulation and Order cover not only Protected Material (as
22 defined above), but also (1) any information copied or extracted from Protected Material; (2) all
23 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
24 conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
25 Any use of Protected Material at trial shall be governed by the orders of the trial judge. This
26 Order does not govern the use of Protected Material at trial.
27
28
5
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 6 of 15 Page ID #:162
1 4. DURATION
2 Once a case proceeds to trial, information that was designated as CONFIDENTIAL or
3 maintained pursuant to this protective order used or introduced as an exhibit at trial becomes public
4 and will be presumptively available to all members of the public, including the press, unless
5 compelling reasons supported by specific factual findings to proceed otherwise are made to the trial
6 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”
7 showing for sealing documents produced in discovery from “compelling reasons” standard when
8 merits-related documents are part of court record). Accordingly, the terms of this protective order do
9 not extend beyond the commencement of the trial to information that becomes public at trial.
10
11 5. DESIGNATING PROTECTED MATERIAL
12 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or
13 Non-Party that designates information or items for protection under this Order must take care to limit
14 any such designation to specific material that qualifies under the appropriate standards. The
15 Designating Party must designate for protection only those parts of material, documents, items or oral
16 or written communications that qualify so that other portions of the material, documents, items or
17 communications for which protection is not warranted are not swept unjustifiably within the ambit of
18 this Order.
19 Mass, indiscriminate or routinized designations are prohibited. Designations that are shown to
20 be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber
21 the case development process or to impose unnecessary expenses and burdens on other parties) may
22 expose the Designating Party to sanctions.
23 If it comes to a Designating Party’s attention that information or items that it designated for
24 protection do not qualify for protection, that Designating Party must promptly notify all other Parties
25 that it is withdrawing the inapplicable designation.
26 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see,
27 e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or
28 Discovery Material that qualifies for protection under this Order must be clearly so designated before
6
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 7 of 15 Page ID #:163
1 the material is disclosed or produced.
2 Designation in conformity with this Order requires:
3 (a) for information in documentary form (e.g., paper or electronic documents, but
4 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
5 affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each
6 page that contains protected material. If only a portion of the material on a page qualifies for
7 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making
8 appropriate markings in the margins).
9 A Party or Non-Party that makes original documents available for inspection need not
10 designate them for protection until after the inspecting Party has indicated which documents it would
11 like copied and produced. During the inspection and before the designation, all of the material made
12 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified
13 the documents it wants copied and produced, the Producing Party must determine which documents
14 or portions thereof, qualify for protection under this Order. Then, before producing the specified
15 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page that contains
16 Protected Material. If only a portion of the material on a page qualifies for protection, the Producing
17 Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the
18 margins).
19 (b) for testimony given in depositions that the Designating Party identifies the Disclosure
20 or Discovery Material on the record, before the close of the deposition, all protected testimony.
21 Alternatively, the designating party may, on the record, before the close of the deposition, elect to treat
22 the entirety of the deposition testimony as “CONFIDENTIAL” pending the right to identify specific
23 portions of the testimony as “CONFIDENTIAL” within 30 days after the transcript is delivered by
24 serving a Notice of Designation as to the specific portions of the testimony that are designated
25 “CONFIDENTIAL,” and thereafter only those portions identified in the Notice of Designation shall
26 be protected by the terms of this Order.
27 (c) for information produced in some form other than documentary and for any other
28 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or
7
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 8 of 15 Page ID #:164
1 containers in which the information is stored the legend “CONFIDENTIAL.” If only a portion or
2 portions of the information warrants protection, the Producing Party, to the extent practicable, shall
3 identify the protected portion(s).
4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
5 designate qualified information or items does not, standing alone, waive the Designating Party’s right
6 to secure protection under this Order for such material. Upon timely correction of a designation, the
7 Receiving Party must make reasonable efforts to assure that the material is treated in accordance with
8 the provisions of this Order.
9
10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
12 confidentiality at any time that is consistent with the Court’s Scheduling Order.
13 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process
14 under Local Rule 37-1 et seq.
15 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint stipulation
16 pursuant to Local Rule 37-2.
17 6.4 The burden of 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 harass or impose
19 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.
20 Unless the Designating Party has waived or withdrawn the confidentiality designation, all parties shall
21 continue to afford the material in question the level of protection to which it is entitled under the
22 Producing Party’s designation until the Court rules on the challenge.
23
24 7. ACCESS TO AND USE OF PROTECTED MATERIAL
25 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
26 produced by another Party or by a Non-Party in connection with this Action only for prosecuting,
27 defending or attempting to settle this Action. Such Protected Material may be disclosed only to the
28 categories of persons and under the conditions described in this Order. When the Action has been
8
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 9 of 15 Page ID #:165
1 terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
2 DISPOSITION).
3 Protected Material must be stored and maintained by a Receiving Party at a location and in a
4 secure manner that ensures that access is limited to the persons authorized under this Order.
5 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by
6 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
7 information or item designated “CONFIDENTIAL” only to:
8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees
9 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for
10 this Action;
11 (b) the officers, directors, and employees (including House Counsel) of the Receiving
12 Party to whom disclosure is reasonably necessary for this Action;
13 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
14 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to
15 Be Bound” (Exhibit A);
16 (d) the court and its personnel;
17 (e) court reporters and their staff;
18 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to whom
19 disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and
20 Agreement to Be Bound” (Exhibit A);
21 (g) the author or recipient of a document containing the information or a custodian or other
22 person who otherwise possessed or knew the information;
23 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to whom
24 disclosure is reasonably necessary provided: they sign the “Acknowledgment and Agreement to Be
25 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages
26 of transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be
27 separately bound by the court reporter and may not be disclosed to anyone except as permitted under
28 this Stipulated Protective Order; and
9
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 10 of 15 Page ID #:166
1 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed
2 upon by any of the parties engaged in settlement discussions.
3
4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
5 OTHER LITIGATION
6 If a Party is served with a subpoena or a court order issued in other litigation that compels
7 disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party
8 must:
9 (a) promptly notify in writing the Designating Party. Such notification shall include a copy
10 of the subpoena or court order;
11 (b) promptly notify in writing the party who caused the subpoena or order to issue in the
12 other litigation that some or all of the material covered by the subpoena or order is subject to this
13 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
14 (c) cooperate with respect to all reasonable procedures sought to be pursued by the
15 Designating Party whose Protected Material may be affected.
16 If the Designating Party timely seeks a protective order, the Party served with the subpoena or
17 court order shall not produce any information designated in this action as “CONFIDENTIAL” before
18 a determination by the court from which the subpoena or order issued, unless the Party has obtained
19 the Designating Party’s permission. The Designating Party shall bear the burden and expense of
20 seeking protection in that court of its confidential material and nothing in these provisions should be
21 construed as authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive
22 from another court.
23
24 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
25 IN THIS LITIGATION
26 (a) The terms of this Order are applicable to information produced by a Non-Party in this
27 Action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in
28 connection with this litigation is protected by the remedies and relief provided by this Order. Nothing
10
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 11 of 15 Page ID #:167
1 in these provisions should be construed as prohibiting a Non-Party from seeking additional
2 protections.
3 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-
4 Party’s confidential information in its possession, and the Party is subject to an agreement with the
5 Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
6 (1) promptly notify in writing the Requesting Party and the Non-Party that some or
7 all of the information requested is subject to a confidentiality agreement with a Non-Party;
8 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order
9 in this Action, the relevant discovery request(s), and a reasonably specific description of the
10 information requested; and
11 (3) make the information requested available for inspection by the Non-Party, if
12 requested.
13 (c) If the Non-Party fails to seek a protective order from this court within 14 days of
14 receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s
15 confidential information responsive to the discovery request. If the Non-Party timely seeks a protective
16 order, the Receiving Party shall not produce any information in its possession or control that is subject
17 to the confidentiality agreement with the Non-Party before a determination by the court. Absent a
18 court order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in
19 this court of its Protected Material.
20
21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
23 Material to any person or in any circumstance not authorized under this Stipulated Protective Order,
24 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
25 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)
26 inform the person or persons to whom unauthorized disclosures were made of all the terms of this
27 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be
28 Bound” that is attached hereto as Exhibit A.
11
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 12 of 15 Page ID #:168
1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
2 PROTECTED MATERIAL
3 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced
4 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties
5 are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to
6 modify whatever procedure may be established in an e-discovery order that provides for production
7 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), the production of
8 a privileged or work-product protected document, whether inadvertent or otherwise, is not a waiver of
9 privilege or protection from discovery in this case or in any other federal or state proceeding. Nothing
10 contained herein, however, shall require a Party to produce documents that are protected from
11 disclosure or otherwise limit a Party’s right to conduct a review of electronically stored information
12 (ESI) for relevance, responsiveness and/or privilege or other protection from discovery before
13 production. Communications involving counsel of record that post-date the filing the complaint need
14 not be placed on a privilege log.
15
16 12. MISCELLANEOUS
17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek
18 its modification by the Court in the future.
19 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order,
20 no Party waives any right it otherwise would have to object to disclosing or producing any information
21 or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives
22 any right to object on any ground to use in evidence of any of the material covered by this Protective
23 Order.
24 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material
25 must comply with Local Civil Rule 79-5. Protected Material may only be filed under seal pursuant to
26 a court order authorizing the sealing of the specific Protected Material at issue. If a Party’s request to
27 file Protected Material under seal is denied by the court, then the Receiving Party may file the
28 information in the public record unless otherwise instructed by the court.
12
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 13 of 15 Page ID #:169
1 13. FINAL DISPOSITION
2 After the final disposition of this Action, as defined in paragraph 4, within 60 days of a written
3 request by the Designating Party, each Receiving Party must return all Protected Material to the
4 Producing Party or destroy such material. As used in this subdivision, “all Protected Material” includes
5 all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of
6 the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party
7 must submit a written certification to the Producing Party (and, if not the same person or entity, to the
8 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all the
9 Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has not
10 retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing
11 any of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival
12 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
13 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant
14 and expert work product, even if such materials contain Protected Material. Any such archival copies
15 that contain or constitute Protected Material remain subject to this Protective Order as set forth in
16 Section 4 (DURATION).
17
18 14. VIOLATION
19 Any violation of this Order may be punished by appropriate measures including, without
20 limitation, contempt proceedings and/or monetary sanctions.
21
22 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
23 DATED: March 1, 2023 SHOOK, HARDY & BACON L.L.P.
24 By: /s/Matt Light
Mark D. Campbell
25
Matt Light
26 Attorneys for Plaintiffs
VOGUE RECOVERY CALIFORNIA LLC
27 VOGUE RECOVERY ARIZONA LLC
VOGUE RECOVERY CENTER LLC
28
13
STIPULATED PROTECTIVE ORDER
Case|?:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 140f15 Page ID#:170
1 || Dated: March 1, 2023 KEESAL, YOUNG & LOGAN
2 By:_/s/Elizabeth A. Kendrick
3 David D. Piper
Elizabeth A. Kendrick
4 Lucas Garcia
Attorneys for Defendants
5 CMJ RECOVERY CA LLC,
CMJ RECOVERY AZ LLC,
6 CMJ RECOVERY NV LLC,
7 SHAUL KOPELOWITZ,
MICHAEL MILCH,
8 JOEL STRULOVICS,
YISROEL HERZKA
10
11 ATTESTATION
12 Pursuant to L.R. 5-4.3.4(a)(2), I attest that all signatories on whose behalf this filing is
13 || submitted concur in the content of this filing and have authorized the filing.
14
15 || DATED: March 1, 2023 SHOOK, HARDY & BACON L.L.P.
16 By:_/s/Matt Light
7 Mark D. Campbell
Matt Light
18 Attorneys for Plaintiffs
VOGUE RECOVERY CALIFORNIA LLC
19 VOGUE RECOVERY ARIZONA LLC
50 VOGUE RECOVERY CENTER LLC
21
22 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
23 ||DATED: 3/2/2023
| Cte □□ □□
a,
25
HON. ALEXANDER F. MacKINNON
26 || United States Magistrate Judge
27
28
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-06751-MCS-AFM Document 30 Filed 03/02/23 Page 15 of 15 Page ID #:171
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _______________________ [print or type full name], of _____________
4 __________________________________[print or type full address], declare under penalty of perjury
5 that I have read in its entirety and understand the Stipulated Protective Order that was issued by the
6 United States District Court for the Central District of California on [date] in the case of VOGUE
7 RECOVERY CALIFORNIA LLC, et al. vs. CMJ RECOVERY CA LLC, et al., Case No. 2:22-cv-06751-
8 MCS-AFM. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order
9 and I understand and acknowledge that failure to so comply could expose me to sanctions and
10 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any
11 information or item that is subject to this Stipulated Protective Order to any person or entity except in
12 strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the
13 United States District Court for the Central District of California for enforcing the terms of this
14 Stipulated Protective Order, even if such enforcement proceedings occur after termination of this
15 action.
16 I hereby appoint________________________________[print or type full name] of
17 _________________________________________________________[print or type full address and
18 telephone number] as my California agent for service of process in connection with this action or any
19 proceedings related to enforcement of this Stipulated Protective Order.
20
21 Date: ____________________
22 City and State where sworn and signed: ___________________________________
23 Printed Name: _______________________________
24
25 Signature: _______________________________
26
27
28
15
STIPULATED PROTECTIVE ORDER