# Laurence Cherniak v. John Doe 1

> District Court, C.D. California · April 12, 2023

URL: https://www.frixlaw.com/law-library/cases/9982967

## Case

- **Court:** District Court, C.D. California
- **Decided:** April 12, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
SOUTHERN DIVISION
11
LAURENCE CHERNIAK, ) Case No. 8:21-cv-01523-SPG-JDE
12 Plaintiff, ) )
13 ) STIPULATED PROTECTIVE ORDER
)
v. )
14
)
)
15 KARLA ORELLANA d/b/a ROKA
)
DREAMS, et al., )
16 Defendants. )
)
17
18 Pursuant the parties’ Stipulation (Dkt. 76) and for good cause shown, the
19 Court finds and orders as follows.
20 1. PURPOSES AND LIMITATIONS
21
Discovery in this action is likely to involve production of confidential,
22
proprietary or private information for which special protection from public
23
disclosure and from use for any purpose other than pursuing this litigation may be
24
warranted. Accordingly, the parties hereby stipulate to and petition the Court to
25
enter the following Stipulated Protective Order. The parties acknowledge that this
26
Order does not confer blanket protections on all disclosures or responses to
27
discovery and that the protection it affords from public disclosure and use extends
28
1 only to the limited information or items that are entitled to confidential treatment
2 under the applicable legal principles.
3 2. GOOD CAUSE STATEMENT
4 Good cause exists for the entry of this pretrial protective order to the extent
5 that certain documents sought by the Parties in discovery may include
6 commercially sensitive documents or information, trade secrets, and/or other
7
proprietary information that a respective Party has maintained as confidential and
8
for which the designating Party has a good faith basis to claim that special
9
protection from public disclosure and from use for any purpose other than
10
prosecution of this action is warranted. Such confidential and proprietary materials
11
and information may consist of, among other things, confidential business or
12
financial information, information regarding confidential business practices, or
13
other confidential research, development, or commercial information (including
14
information implicating privacy rights of third parties), information otherwise
15
generally unavailable to the public, or which may be privileged or otherwise
16
protected from disclosure under state or federal statutes, court rules, case decisions,
17
or common law. Accordingly, to expedite the flow of information, to facilitate the
18
prompt resolution of disputes over confidentiality of discovery materials, to
19
adequately protect information the parties are entitled to keep confidential, to
20
ensure that the parties are permitted reasonable necessary uses of such material in
21
preparation for and in the conduct of trial, to address their handling at the end of
22
23 the litigation, and serve the ends of justice, a protective order for such information
24 is justified in this matter. It is the intent of the parties that information will not be
25 designated as confidential for tactical reasons and that nothing be so designated
26 without a good faith belief that it has been maintained in a confidential, non-public
27 manner, and there is good cause why it should not be part of the public record of
28 this case.
1 Further, good cause exists for a two-tiered, attorney-eyes-only protective
2 order that designates certain material as “Highly Confidential” since this case
3 involves allegations of copyright infringement that may require production of
4 highly confidential and closely guarded financial, customer, and supplier
5 information. Nutratech, Inc. v. Syntech Int’l, Inc., 242 F.R.D. 552, 556 (C.D. Cal.
6 2007).
7
3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
8
The parties further acknowledge, as set forth in Section 14.3, below, that this
9
Stipulated Protective Order does not entitle them to file confidential information
10
under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
11
and the standards that will be applied when a party seeks permission from the court
12
to file material under seal. There is a strong presumption that the public has a right
13
of access to judicial proceedings and records in civil cases. In connection with non-
14
dispositive motions, good cause must be shown to support a filing under seal. See
15
Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),
16
Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-
17
Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even
18
stipulated protective orders require good cause showing), and a specific showing of
19
good cause or compelling reasons with proper evidentiary support and legal
20
justification, must be made with respect to Protected Material that a party seeks to
21
file under seal. The parties’ mere designation of Disclosure or Discovery Material
22
23 as CONFIDENTIAL does not— without the submission of competent evidence by
24 declaration, establishing that the material sought to be filed under seal qualifies as
25 confidential, privileged, or otherwise protectable—constitute good cause.
26 Further, if a party requests sealing related to a dispositive motion or trial,
27 then compelling reasons, not only good cause, for the sealing must be shown, and
28 the relief sought shall be narrowly tailored to serve the specific interest to be
1 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
2 2010). For each item or type of information, document, or thing sought to be filed
3 or introduced under seal, the party seeking protection must articulate compelling
4 reasons, supported by specific facts and legal justification, for the requested sealing
5 order. Again, competent evidence supporting the application to file documents
6 under seal must be provided by declaration.
7
Any document that is not confidential, privileged, or otherwise protectable
8
in its entirety will not be filed under seal if the confidential portions can be
9
redacted. If documents can be redacted, then a redacted version for public viewing,
10
omitting only the confidential, privileged, or otherwise protectable portions of the
11
document, shall be filed. Any application that seeks to file documents under seal in
12
their entirety should include an explanation of why redaction is not feasible.
13
4. DEFINITIONS
14
4.1 Action: The action captioned above.
15
4.2 Challenging Party: a Party or Non-Party that challenges the
16
designation of information or items under this Order.
17
4.3 “CONFIDENTIAL” Information or Items: information (regardless of
18
how it is generated, stored or maintained) or tangible things that qualify for
19
protection under Federal Rule of Civil Procedure 26(c), and as specified above in
20
the Good Cause Statement.
21
4.4 Counsel: Outside Counsel of Record and House Counsel (as well as
22
23 their support staff).
24 4.5 Designating Party: a Party or Non-Party that designates information or
25 items that it produces in disclosures or discovery responses as “CONFIDENTIAL”
26 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
27 4.6 Disclosure or Discovery Material: all items or information, regardless
28 of the medium or manner in which it is generated, stored, or maintained (including,
1 among other things, testimony, transcripts, and tangible things), that are produced
2 or generated in disclosures or responses to discovery.
3 4.7 Expert: a person with specialized knowledge or experience in a matter
4 pertinent to the litigation who has been retained by a Party or its counsel to serve
5 as an expert witness or as a consultant in this Action.
6 4.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
7
Information: extremely sensitive confidential information or items, the disclosure
8
of which to another Party or Non-Party would create a substantial risk of serious
9
harm that could not be avoided by less restrictive means.
10
4.9 House Counsel: attorneys who are employees of a party to this
11
Action. House Counsel does not include Outside Counsel of Record or any other
12
outside counsel.
13
4.10 Non-Party: any natural person, partnership, corporation, association or
14
other legal entity not named as a Party to this action.
15
4.11 Outside Counsel of Record: attorneys who are not employees of a
16
party to this Action but are retained to represent a party to this Action and have
17
appeared in this Action on behalf of that party or are affiliated with a law firm that
18
has appeared on behalf of that party, and includes support staff.
19
4.12 Party: any party to this Action, including all of its officers, directors,
20
employees, consultants, retained experts, and Outside Counsel of Record (and their
21
support staffs).
22
23 4.13 Producing Party: a Party or Non-Party that produces Disclosure or
24 Discovery Material in this Action.
25 4.14 Professional Vendors: persons or entities that provide litigation
26 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
27 demonstrations, and organizing, storing, or retrieving data in any form or medium)
28 and their employees and subcontractors.
1 4.15 Protected Material: any Disclosure or Discovery Material that is
2 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
3 ATTORNEYS’ EYES ONLY.”
4 4.16 Receiving Party: a Party that receives Disclosure or Discovery
5 Material from a Producing Party.
6 5. SCOPE
7
The protections conferred by this Stipulation and Order cover not only
8
Protected Material (as defined above), but also (1) any information copied or
9
extracted from Protected Material; (2) all copies, excerpts, summaries, or
10
compilations of Protected Material; and (3) any testimony, conversations, or
11
presentations by Parties or their Counsel that might reveal Protected Material.
12
The protections conferred by this Stipulation and Order do not cover any
13
information that is in the public domain at the time of disclosure to a Receiving
14
Party or becomes part of the public domain after its disclosure to a Receiving Party
15
as a result of publication not involving a violation of this Order.
16
Any use of Protected Material at trial shall be governed by the orders of the
17
trial judge and other applicable authorities. This Order does not govern the use of
18
Protected Material at trial.
19
6. DURATION
20
Once a case proceeds to trial, unless ordered to the contrary by the Court,
21
information that was designated as CONFIDENTIAL or maintained pursuant to
22
23 this protective order used or introduced as an exhibit at trial becomes public and
24 will be presumptively available to all members of the public, including the press,
25 unless compelling reasons supported by specific factual findings to proceed
26 otherwise are made to the trial judge in advance of the trial. See Kamakana, 447
27 F.3d at 1180-81 (distinguishing “good cause” showing for sealing documents
28 produced in discovery from “compelling reasons” standard when merits-related
1 documents are part of court record). Accordingly, the terms of this protective order
2 do not extend beyond the commencement of the trial.
3 7. DESIGNATING PROTECTED MATERIAL
4 7.1 Exercise of Restraint and Care in Designating Material for
5 Protection. Each Party or Non-Party that designates information or
6 items for protection under this Order must take care to limit any such designation
7
to specific material that qualifies under the appropriate standards. The Designating
8
Party must designate for protection only those parts of material, documents, items
9
or oral or written communications that qualify so that other portions of the
10
material, documents, items or communications for which protection is not
11
warranted are not swept unjustifiably within the ambit of this Order.
12
Mass, indiscriminate or routinized designations are prohibited. Designations
13
that are shown to be clearly unjustified or that have been made for an improper
14
purpose (e.g., to unnecessarily encumber the case development process or to
15
impose unnecessary expenses and burdens on other parties) may expose the
16
Designating Party to sanctions.
17
If it comes to a Designating Party’s attention that information or items that it
18
designated for protection do not qualify for protection or do not qualify for the
19
level of protection initially asserted, that Designating Party must promptly notify
20
all other Parties that it is withdrawing or modifying the inapplicable designation.
21
7.2 Manner and Timing of Designations. Except as otherwise provided in
22
23 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material
24 that qualifies for protection under this Order must be clearly so designated before
25 the material is disclosed or produced.
26 Designation in conformity with this Order requires:
27 (a) for information in documentary form (e.g., paper or electronic
28 documents, but excluding transcripts of depositions or other pretrial or trial
1 proceedings), that the Producing Party affix at a minimum, the legend
2 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
3 ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains
4 protected material. If only a portion or portions of the material on a page qualifies
5 for protection, the Producing Party also must clearly identify the protected
6 portion(s) (e.g., by making appropriate markings in the margins).
7
A Party or Non-Party that makes original documents available for inspection
8
need not designate them for protection until after the inspecting Party has indicated
9
which documents it would like copied and produced. During the inspection and
10
before the designation, all of the material made available for inspection shall be
11
deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. After the
12
inspecting Party has identified the documents it wants copied and produced, the
13
Producing Party must determine which documents, or portions thereof, qualify for
14
protection under this Order. Then, before producing the specified documents, the
15
Producing Party must affix the “CONFIDENTIAL legend” to each page that
16
contains Protected Material. If only a portion of the material on a page qualifies for
17
protection, the Producing Party also must clearly identify the protected portion(s)
18
(e.g., by making appropriate markings in the margins).
19
(b) for testimony given in depositions that the Designating Party
20
identifies the Disclosure or Discovery Material on the record, before the close of the
21
deposition all protected testimony. When it is impractical to identify separately
22
23 each portion of testimony that is entitled to protection and it appears that substantial
24 portions of the testimony may qualify for protection, the Designating Party may
25 invoke on the record (before the deposition, hearing, or other proceeding is
26 concluded) a right to have up to 21 days to identify the specific portions of the
27 testimony as to which protection is sought and to specify the level of protection
28 being asserted. Only those portions of the testimony that are appropriately
1 designated for protection within the 21 days shall be covered by the provisions of
2 this Stipulated Protective Order. Alternatively, if appropriate, a Designating Party
3 may specify, at the deposition or up to 21 days afterwards if that period is properly
4 invoked, that the entire transcript shall be treated as “CONFIDENTIAL” or
5 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
6 Parties shall give the other parties notice if they reasonably expect a
7
deposition, hearing or other proceeding to include Protected Material so that the
8
other parties can ensure that only authorized individuals who have signed the
9
“Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those
10
proceedings. The use of a document as an exhibit at a deposition shall not in any
11
way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
12
– ATTORNEYS’ EYES ONLY.” Transcripts containing Protected Material shall
13
have an obvious legend on the title page that the transcript contains Protected
14
Material, and the title page shall be followed by a list of all pages (including line
15
numbers as appropriate) that have been designated as Protected Material and the
16
level of protection being asserted by the Designating Party. The Designating Party
17
shall inform the court reporter of these requirements. Any transcript that is
18
prepared before the expiration of a 21-day period for designation shall be treated
19
during that period as if it had been designated “HIGHLY CONFIDENTIAL –
20
ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After the
21
expiration of that period, the transcript shall be treated only as actually designated.
22
23 (c) for information produced in some form other than documentary
24 and for any other tangible items, that the Producing Party affix in a prominent
25 place on the exterior of the container or containers in which the information is
26 stored the legend “CONFIDENTIAL.” If only a portion or portions of the
27 information warrants protection, the Producing Party, to the extent practicable,
28 shall identify the protected portion(s).
1 (d) For information produced solely in electronic form and that is
2 not rendered electronically as an image (such as, for example, a Microsoft Excel
3 file, an electronic audio file, or an electronic video file), the designation
4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
5 ONLY” shall be added to the electronic file’s filename.
6 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
7
failure to designate qualified information or items does not, standing alone, waive
8
the Designating Party’s right to secure protection under this Order for such
9
material. Upon timely correction of a designation, the Receiving Party must make
10
reasonable efforts to assure that the material is treated in accordance with the
11
provisions of this Order.
12
8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
13
8.1. Timing of Challenges. Any Party or Non-Party may challenge a
14
designation of confidentiality at any time that is consistent with the Court’s
15
Scheduling Order.
16
8.2 Meet and Confer. The Challenging Party shall initiate the dispute
17
resolution process under Local Rule 37-1 et seq.
18
8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
19
joint stipulation pursuant to Local Rule 37-2.
20
8.4 The burden of persuasion in any such challenge proceeding shall be on
21
the Designating Party. Frivolous challenges, and those made for an improper
22
23 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
24 parties) or are shown to be clearly unjustified (e.g., to unnecessarily encumber the
25 development of defenses) may expose the Challenging Party to sanctions.
26 Likewise, designations that are shown to be clearly unjustified or made for an
27 improper purpose (e.g., to unnecessarily encumber the case development, harass or
28 to impose unnecessary expenses and burdens on other parties) may expose the
1 Designating Party to sanctions. Unless the Designating Party has waived or
2 withdrawn the confidentiality designation, all parties shall continue to afford the
3 material in question the level of protection to which it is entitled under the
4 Producing Party’s designation until the Court rules on the challenge.
5 9. ACCESS TO AND USE OF PROTECTED MATERIAL
6 9.1 Basic Principles. A Receiving Party may use Protected Material that is
7
disclosed or produced by another Party or by a Non-Party in connection with this
8
Action only for prosecuting, defending or attempting to settle this Action. Such
9
Protected Material may be disclosed only to the categories of persons and under
10
the conditions described in this Order. When the Action has been terminated, a
11
Receiving Party must comply with the provisions of section 15 below (FINAL
12
DISPOSITION).
13
Protected Material must be stored and maintained by a Receiving Party at a
14
location and in a secure manner that ensures that access is limited to the persons
15
authorized under this Order.
16
9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
17
otherwise ordered by the court or permitted in writing by the Designating Party, a
18
Receiving Party may disclose any information or item designated
19
“CONFIDENTIAL” only to:
20
(a) the Receiving Party’s Outside Counsel of Record in this Action, as
21
well as employees of said Outside Counsel of Record to whom it is reasonably
22
23 necessary to disclose the information for this Action;
24 (b) the officers, directors, and employees (including House Counsel)
25 of the Receiving Party to whom disclosure is reasonably necessary for this Action;
26 (c) Experts (as defined in this Order) of the Receiving Party to whom
27 disclosure is reasonably necessary for this Action and who have signed the
28 “Acknowledgment and Agreement to Be Bound” (Exhibit A) ;
1 (d) the court and its personnel;
2 (e) court reporters and their staff;
3 (f) professional jury or trial consultants, mock jurors, and Professional
4 Vendors to whom disclosure is reasonably necessary for this Action and who have
5 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
6 (g) the author or recipient of a document containing the information or
7
a custodian or other person who otherwise possessed or knew the information;
8
(h) during their depositions, witnesses, and attorneys for witnesses, in
9
the Action to whom disclosure is reasonably necessary provided: (1) the deposing
10
party requests that the witness sign the form attached as Exhibit A hereto; and (2)
11
they will not be permitted to keep any confidential information unless they sign the
12
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
13
agreed by the Designating Party or ordered by the court. Pages of transcribed
14
deposition testimony or exhibits to depositions that reveal Protected Material may
15
be separately bound by the court reporter and may not be disclosed to anyone
16
except as permitted under this Stipulated Protective Order; and
17
(i) any mediators or settlement officers and their supporting personnel,
18
mutually agreed upon by any of the parties engaged in settlement discussions.
19
9.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
20
ONLY” Information or Items.
21
Unless otherwise ordered by the court or permitted in writing by the
22
23 Designating Party, a Receiving Party may disclose any information or item
24 designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
25 (a) The Receiving Party’s Outside Counsel of Record in this
26 action, as well as employees of said Outside Counsel of Record
27 to whom it is reasonably necessary to disclose the information
28 for this litigation;
1
(b) Experts of the Receiving Party (1) to whom disclosure is
2
reasonably necessary for this litigation, (2) who have signed the
3
“Acknowledgment and Agreement to Be Bound” (Exhibit A),
4
and (3) as to whom the procedures set forth in paragraph 8.4,
5
below, have been followed;
6
(c) The court and its personnel;
7
(d) Court reporters and their staff,
8
(e) Professional jury or trial consultants, mock jurors, and
9
Professional Vendors to whom disclosure is reasonably
10
necessary for this litigation and who have signed the
11
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
12
(f) The author or lawful recipient of a document containing the
13
information or a custodian or other person who otherwise
14
possessed or knew the information; and
15
(g) Any mediator or settlement officer, and their supporting
16
personnel, mutually agreed upon by any of the parties engaged
17
18
in settlement discussions.
9.4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
19
ATTORNEYS’ EYES ONLY” information or items may be disclosed to an Expert
20
without disclosure of the identity of the Expert as long as the Expert is not a
21
current owner, shareholder, member, officer, director, agent, or employee of a
22
competitor of a Party or anticipated to become one.
23
10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
24
PRODUCED IN OTHER LITIGATION
25
26 If a Party is served with a subpoena or a court order issued in other litigation
27 that compels disclosure of any information or items designated in this Action as
28
1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
2 ONLY,” that Party must:
3 (a) promptly notify in writing the Designating Party. Such notification
4 shall include a copy of the subpoena or court order;
5 (b) promptly notify in writing the party who caused the subpoena or
6 order to issue in the other litigation that some or all of the material covered by the
7
subpoena or order is subject to this Protective Order. Such notification shall
8
include a copy of this Stipulated Protective Order; and
9
(c) cooperate with respect to all reasonable procedures sought to be
10
pursued by the Designating Party whose Protected Material may be affected. If the
11
Designating Party timely seeks a protective order, the Party served with the
12
subpoena or court order shall not produce any information designated in this action
13
as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
14
ONLY” before a determination by the court from which the subpoena or order
15
issued, unless the Party has obtained the Designating Party’s permission. The
16
Designating Party shall bear the burden and expense of seeking protection in that
17
court of its confidential material and nothing in these provisions should be
18
construed as authorizing or encouraging a Receiving Party in this Action to
19
disobey a lawful directive from another court.
20
11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
21
BE PRODUCED IN THIS LITIGATION
22
23 (a) The terms of this Order are applicable to information produced by
24 a Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
25 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced
26 by Non-Parties in connection with this litigation is protected by the remedies and
27 relief provided by this Order. Nothing in these provisions should be construed as
28 prohibiting a Non-Party from seeking additional protections.
1 (b) In the event that a Party is required, by a valid discovery request,
2 to produce a Non-Party’s confidential information in its possession, and the Party
3 is subject to an agreement with the Non-Party not to produce the Non-Party’s
4 confidential information, then the Party shall:
5 (1) promptly notify in writing the Requesting Party and the Non-Party
6 that some or all of the information requested is subject to a confidentiality
7
agreement with a Non-Party;
8
(2) promptly provide the Non-Party with a copy of the Stipulated
9
Protective Order in this Action, the relevant discovery request(s), and a reasonably
10
specific description of the information requested; and
11
(3) make the information requested available for inspection by the
12
Non-Party, if requested.
13
(c) If the Non-Party fails to seek a protective order from this court
14
within 14 days of receiving the notice and accompanying information, the
15
Receiving Party may produce the Non-Party’s confidential information responsive
16
to the discovery request bearing one of the Protected Material designations, as
17
appropriate. If the Non-Party timely seeks a protective order, the Receiving Party
18
shall not produce any information in its possession or control that is subject to the
19
confidentiality agreement with the Non-Party before a determination by the court.
20
Absent a court order to the contrary, the Non-Party shall bear the burden and
21
expense of seeking protection in this court of its Protected Material.
22
23 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
24 If a Receiving Party learns that, by inadvertence or otherwise, it has
25 disclosed Protected Material to any person or in any circumstance not authorized
26 under this Stipulated Protective Order, the Receiving Party must immediately (a)
27 notify in writing the Designating Party of the unauthorized disclosures, (b) use its
28 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform
1 the person or persons to whom unauthorized disclosures were made of all the terms
2 of this Order, and (d) request such person or persons to execute the
3 “Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A.
4 13. INADVERTENT PRODUCTION OF PRIVILEGED OR
5 OTHERWISE PROTECTED MATERIAL
6 When a Producing Party gives notice to Receiving Parties that certain
7
inadvertently produced material is subject to a claim of privilege or other
8
protection, the obligations of the Receiving Parties are those set forth in Federal
9
Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
10
whatever procedure may be established in an e-discovery order that provides for
11
production without prior privilege review. Pursuant to Federal Rule of Evidence
12
502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
13
of a communication or information covered by the attorney-client privilege or
14
work product protection, the parties may incorporate their agreement in the
15
stipulated protective order submitted to the court.
16
14. MISCELLANEOUS
17
14.1 Right to Further Relief. Nothing in this Order abridges the right of any
18
person to seek its modification by the Court in the future.
19
14.2 Right to Assert Other Objections. By stipulating to the entry of this
20
Protective Order, no Party waives any right it otherwise would have to object to
21
disclosing or producing any information or item on any ground not addressed in
22
23 this Stipulated Protective Order. Similarly, no Party waives any right to object on
24 any ground to use in evidence of any of the material covered by this Protective
25 Order.
26 14.3 Filing Protected Material. A Party that seeks to file under seal any
27 Protected Material must comply with Local Civil Rule 79-5. Protected Material
28 may only be filed under seal pursuant to a court order authorizing the sealing of the
1 specific Protected Material. If a Party’s request to file Protected Material under
2 seal is denied by the court, then the Receiving Party may file the information in the
3 public record unless otherwise instructed by the court.
4 15. FINAL DISPOSITION
5 After the final disposition of this Action, as defined in paragraph 6, within
6 60 days of a written request by the Designating Party, each Receiving Party must
7
return all Protected Material to the Producing Party or destroy such material. As
8
used in this subdivision, “all Protected Material” includes all copies, abstracts,
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compilations, summaries, and any other format reproducing or capturing any of the
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Protected Material. Whether the Protected Material is returned or destroyed, the
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Receiving Party must submit a written certification to the Producing Party (and, if
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not the same person or entity, to the Designating Party) by the 60-day deadline that
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(1) identifies (by category, where appropriate) all the Protected Material that was
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returned or destroyed and (2) affirms that the Receiving Party has not retained any
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copies, abstracts, compilations, summaries or any other format reproducing or
16
capturing any of the Protected Material. Notwithstanding this provision, Counsel
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are entitled to retain an archival copy of all pleadings, motion papers, trial,
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deposition, and hearing transcripts, legal memoranda, correspondence, deposition
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and trial exhibits, expert reports, attorney work product, and consultant and expert
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work product, even if such materials contain Protected Material. Any such archival
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copies that contain or constitute Protected Material remain subject to this
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23 Protective Order as set forth in Section 6 (DURATION).
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28 / / /
I 16. VIOLATION
2 Any violation of this Order may be punished by appropriate measures
3 including, without limitation, contempt proceedings and/or monetary sanctions.
4
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6 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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g || DATED: April 12, 2023
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10 ho fl za G
11 JO . EARLY
Uretéd States Magistrate Judgé
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1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, [full name], of
4
[address], declare under penalty of perjury that I have read in
5
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
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[date] in the case of
8
[case name and number]. I agree to comply with and to be bound by all the terms
9
of this Stipulated Protective Order, and I understand and acknowledge that failure
10
to so comply could expose me to sanctions and punishment in the nature of
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contempt. I solemnly promise that I will not disclose in any manner any
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information or item that is subject to this Stipulated Protective Order to any person
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or entity except in strict compliance with the provisions of this Stipulated
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Protective Order.
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I further agree to submit to the jurisdiction of the United States District
16
Court for the Central District of California for the purpose of enforcing the terms
17
of this Stipulated Protective Order, even if such enforcement proceedings occur
18
19 after termination of this action. I hereby appoint [full
20 name] of [address and
21 telephone number] as my California agent for service of process in connection with
22 this action or any proceedings related to enforcement of this Stipulated Protective
23 Order.
24
Signature:
25
Printed Name:
26
Date:
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28 City and State Where Sworn and Signed:

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9982967. Public record. Not legal advice.