Keith Davis et al v. Moon-Johnson Living Trust et al
Filing
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PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 10 . See order for details. (hr)
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DAVID ELDER (SBN 171510)
DANNY Y. YOO (SBN 251574)
SARA P. KUNKEL (SBN 260240)
520 S. Virgil Ave., Suite 400
Los Angeles, CA 90020
TEL: (213) 387-8400 ext. 33
FAX: (213) 381-8555
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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) Case No.: CV11-3728 DSF (JCx)
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Plaintiffs,
) PROTECTIVE ORDER
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vs.
) [CHANGES MADE BY COURT]
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MOON-JOHNSON LIVING TRUST, )
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et al.;
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Defendants.
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KEITH DAVIS, et al.,
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The Parties, having entered into a Stipulation for the entry of a Protective
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Order to govern the disclosure, dissemination, and use of “Confidential
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Information” produced by the parties in this action, and the Court having reviewed
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the Stipulation and finding good cause for the entry of such an order with the
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modifications contained herein, hereby orders that the following Protective Order
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(“the Order”) shall apply to any information designated as “Confidential” pursuant
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to agreement of the parties or order of the Court.
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1. Confidential Information.
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Plaintiff Housing Rights Center, Inc. (HRC) contends that information
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regarding the investigative techniques employed by HRC staff and information
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PROTECTIVE ORDER
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relating to any investigation carried out by the HRC is confidential and the public
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disclosure of such information would jeopardize ongoing and future testing of
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other property owners’ practices in Los Angeles County and would tax the
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limited resources of the HRC by requiring them to continually find and employ
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new anonymous testers and new investigative techniques. Therefore, Plaintiff
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HRC seeks to keep documents related to its testers and investigative techniques
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as confidential. See Shammouh v. Karp, 1996 WL 637804, *1 (E.D. Pa. Nov. 4,
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1996) (holding good cause exists to treat as confidential information regarding
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the identities of testers and the investigative techniques employed by such
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testers).
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Any documents or things produced in discovery that contain or reveal
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Confidential Information or that are designated as Confidential Information under
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the terms of the Order, and all copies, recordings, abstracts, excerpts, analyses,
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court filings, or other writings that contain, reflect, reveal, suggest, or otherwise
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disclose such Confidential Information shall be deemed to be Confidential
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Information.
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documents or things or other information related to HRC’s testers and
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investigative techniques.
The Parties shall designate as Confidential Information only
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The provisions of the Order shall not apply to information which can be
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shown by competent evidence to be: (1) in the public domain at the time of
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disclosure or, through no fault of the Receiving Party, in the public domain after
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the time of disclosure; (2) known to or developed by the Receiving Party prior to
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the time of disclosure; or (3) obtained from a third party having no obligation to
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protect such information from disclosure.
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2. Parties.
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A “Disclosing Party” is the party who produces or discloses Confidential
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Information, or on whose behalf such information is disclosed, to a receiving
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PROTECTIVE ORDER
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party’s attorneys.
A “Receiving Party” is any party (either Plaintiff or a
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Defendant) that receives or is permitted to receive Confidential Information from
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the Disclosing Party under the Order.
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3. Service Bureau.
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A Service Bureau is a person, agency, or organization engaged by counsel
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or any party to perform clerical document handling, stenographic, computer data
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entry, or other services in support of litigation, whose participation is reasonably
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necessary for the litigation, who has received a fully executed copy of the Order,
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and whose owner or legal representative has executed an agreement to be bound
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by the terms of the Order.
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4. Limited Use.
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Confidential Information disclosed by a Disclosing Party under the Order
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shall be used by the Receiving Party only for purposes of this litigation and not for
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any business, commercial, scientific, competitive, or other purpose whatsoever.
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5. Identification.
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Confidential Information may be designated by a Disclosing
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Party as “Confidential” by marking it as “Confidential” or by designating the
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information as “Confidential” by any separate writing sufficient to identify the
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information which is provided to the Receiving Party. The Parties shall designate
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as Confidential Information only documents or things or other information related
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to HRC’s testers and investigative techniques.
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B.
Where such designation is made by stamping or similar means,
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it shall be made by placing notice on the document, thing, response to discovery,
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deposition or court transcript or record, information, or document stored on
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diskette or otherwise in computer usable form, or tangible thing or object, in such
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a manner as will not interfere with the legibility or accessibility of the
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Confidential Information.
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C.
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Information and documents designated as “Confidential
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Information” shall be subject to the disclosure restrictions of the Order. Any
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Receiving Party or other person who agrees in writing to be bound by this
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Protective Order who receives a document so designated is subject to this
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Protective Order and the jurisdiction of the Central District of California for
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enforcement of the Order.
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6. Inadvertent Failure to Designate.
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In the event that a party discovers after they have produced information that
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they have inadvertently failed to designate as “Confidential Information,” that was
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not designated as Confidential, the disclosing party may designate the information
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as Confidential by a subsequent notice in writing identifying the information and
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furnishing the correct designation, in which event the parties shall henceforth treat
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such information as provided in the Order, and shall undertake a best effort to
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retrieve any disclosure, dissemination, or use of such information prior to re-
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designation.
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7. Disclosure to Court.
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Confidential Information may be filed with the Court under seal only by
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following the requirements set forth in Local Rule 79-5 and Paragraph 6 of the
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Standing Order for Cases Assigned to Judge Dale S. Fischer issued on May 3,
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2011 in this action (Docket No. 27).
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8. Disclosure to Counsel.
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Except as otherwise provided in this Order, Confidential Information shall
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be produced only to the legal counsel of the Receiving Parties and to their experts
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or consultants retained in this action. Confidential Information shall also be
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available to counsel's employees or independent contractors provided they execute
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a copy of the Order agreeing to be bound.
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9. Disclosure to Others.
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A.
Any party to this proceeding and the party’s representative
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having a need for access to the Confidential Information shall be entitled to
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receive all information designated hereunder as Confidential Information subject
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to the terms and restrictions set forth in the Order. Except as otherwise provided
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in this Order, Confidential Information may not be disclosed to any other persons
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or entities except under the following circumstances:
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(1) Upon written permission of the Producing Party;
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(2) By Order of the Court;
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(3) By a disclosure to a Service Bureau who has agreed to be
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bound by the terms of the Order, and executed an agreement to do so.
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B.
Each receiving Party may provide its expert(s)/consultant(s)
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with Confidential Information only after such expert/consultant has been given a
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fully executed copy of the Order and has agreed to be bound by it by executing an
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agreement to do so.
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C.
No Confidential Information may be disclosed to persons
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under Paragraph 9, other than the parties hereto and their counsel, unless prior to
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such disclosure, the persons to whom disclosure is intended to be made, read an
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executed copy of the Order, agree to be bound by it, and sign an agreement to do
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so.
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D.
Counsel for each Receiving Party shall prepare and maintain a
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log of all persons to whom it discloses the Confidential Information of each party
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and the specific Confidential Information disclosed.
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10. Return of Documents.
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Within 90 days of either settlement or final judgment that is not appealed or
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subject to further legal proceedings, each Receiving Party or other person who has
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agreed in writing to be bound by this Order and is in possession or control of
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Confidential Information shall be obligated to return to any Disclosing Party all
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Confidential Information, and all copies thereof.
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11. Continuing Jurisdiction.
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This Order shall survive the final conclusion of this action.
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12. Applicability of Order.
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The Order shall bind and apply to the Receiving Parties and all other
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persons who agree in writing to be bound by this Order and receive Confidential
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Information.
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The Order shall not apply at trial in the event of trial.
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13. Disputes
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Any disputes regarding the Protective Order are subject to Local Rule 37.
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IT IS SO ORDERED.
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Dated: September 1, 2011
____________/s/________________
Honorable Jacqueline Chooljian
United States Magistrate Judge
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