DC Comics v. Mark Towle et al
Filing
30
PROTECTIVE ORDER by Magistrate Judge Oswald Parada (am)
5
J. Andrew Coombs (SBN 123881)
andy@coombspc.com
Nicole L. Drey (SBN 250235)
nicole@coombspc.com
J. Andrew Coombs, A P. C.
517 East Wilson Avenue, Suite 202
Glendale, California 91206
Telephone: (818) 500-3200
Facsimile: (818) 500-3201
6
Attorneys for Plaintiff DC Comics
1
2
3
4
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8
UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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11
DC Comics,
Plaintiff,
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vs.
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14
15
Mark Towle, an individual and d/b/a
Gotham Garage, and Does 1 though 10,
inclusive,
Defendants.
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17
1.
)
) Case No.: CV11-3934 RSWL (OPx)
)
) [Discovery Document]
)
) PROTECTIVE ORDER
)
)
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PURPOSES AND LIMITATIONS
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Disclosure and discovery activity in this action are likely to involve
19
production of confidential, proprietary, trade secret, financial, or private information
20
for which special protection from public disclosure and from use for any purpose
21
other than prosecuting this litigation would be warranted. Accordingly, the parties
22
hereby stipulate to and petition the Court to enter the following Stipulated Protective
23
Order. The parties acknowledge that this Order does not confer blanket protections
24
on all disclosures or responses to discovery and that the protection it affords extends
25
only to the limited information or items that are entitled under the applicable legal
26
principles to treatment as confidential. The parties further acknowledge, as set forth
27
in Section 10, below, that this Stipulated Protective Order provides that any party
28
may file confidential information under seal; the Local Rules set forth the procedures
DC Comics v. Towle: [Proposed] Protective Order
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that must be followed and reflects the standards that will be applied when a party
2
seeks permission from the Court to file material under seal.
3
2.
DEFINITIONS
2.1
4
Party: any party to this action, including all of its officers, directors,
5
employees, consultants, retained experts, and outside counsel (and their support
6
staff).
7
2.2
Disclosure or Discovery Material: all items or information, regardless
8
of the medium or manner generated, stored, or maintained (including, among other
9
things, testimony, transcripts, or tangible things) that are produced or generated in
10
11
disclosures or responses to discovery in this matter.
2.3
“Confidential” Information or Items: Information (regardless of how
12
generated, stored or maintained) or tangible things that qualify for protection under
13
standards developed under Fed. R. Civ. P. 26(c).
14
2.4
“Highly Confidential – Attorneys’ Eyes Only” Information or Items:
15
extremely sensitive “Confidential Information or Items” which disclosure to another
16
Party or non-party would create a substantial risk of serious injury that could not be
17
avoided by less restrictive means.
18
19
20
21
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2.5
Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.
2.6
Producing Party:
a Party or non-party that produces Disclosure or
Discovery Material in this action.
2.7
Designating Party: a Party or non-party that designates information or
23
items that it produces in disclosures or in responses to discovery as “Confidential” or
24
“Highly Confidential – Attorneys’ Eyes Only.”
25
26
2.8
Protected Material:
any Disclosure or Discovery Material that is
designated as “Confidential” or as “Highly Confidential – Attorneys’ Eyes Only.”
27
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2.9
1
2
Outside Counsel: attorneys who are not employees of a Party but who
are retained to represent or advise a Party in this action.
3
2.10 House Counsel: attorneys who are employees of a Party.
4
2.11 Counsel (without qualifier): Outside Counsel and House Counsel (as
5
well as their support staffs).
6
2.12 Expert: a person with specialized knowledge or experience in a matter
7
pertinent to the litigation who has been identified or retained by a Party or its counsel
8
to serve as an expert witness or as a consultant in this action. This definition
9
includes a professional jury or trial consultant retained in connection with this
10
litigation.
11
2.13 Professional Vendors: persons or entities that provide litigation support
12
services (e.g., photocopying; videotaping; translating; preparing exhibits or
13
demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and
14
their employees and subcontractors.
15
3.
SCOPE
16
The protections conferred by this Stipulation and Order cover not only
17
Protected Material (as defined above), but also any information copied or extracted
18
therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus
19
testimony, conversations, or presentations by parties or counsel to or in Court or in
20
other settings that might reveal Protected Material.
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4.
22
DURATION
In order to permit discovery to proceed without further delay, the parties agree
23
that this Stipulation and Order shall be effective from the date on which it is
24
executed by counsel for the parties and shall apply and be enforceable from that date
25
forward with respect to all discovery in this matter, including materials produced at
26
any time after the commencement of this case. Even after the termination of this
27
litigation, the confidentiality obligations imposed by this Order shall remain in effect
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1
until a Designating Party agrees otherwise in writing or a Court order otherwise
2
directs.
3
5.
4
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
5
Each Party or non-party that designates information or items for protection under this
6
Order must take care to limit any such designation to specific material that qualifies
7
under the appropriate standards. A Designating Party must take care to designate for
8
protection only those parts of material, documents, items, or oral or written
9
communications that qualify – so that other portions of the material, documents,
10
items, or communications for which protection is not warranted are not swept
11
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 or retard the case development process, or
15
to impose unnecessary expenses and burdens on other parties), expose the
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Designating Party to sanctions under Fed. R. Civ. P. 11 after the requisite safe harbor
17
period.
18
If it comes to a Party’s or a non-party’s attention that information or items that
19
it designated for protection do not qualify for protection at all, or do not qualify for
20
the level of protection initially asserted, that Party or non-party must promptly notify
21
all other parties that it is withdrawing the mistaken designation.
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5.2
Manner and Timing of Designations. Except as otherwise provided in
23
this Order (see, e.g., second paragraph of Section 5.2(a), below), or as otherwise
24
stipulated or ordered, material that qualifies for protection under this Order must be
25
clearly so designated before the material is disclosed or produced.
26
Designation in conformity with this Order requires:
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(a)
1
for information in documentary form (apart from transcripts of
2
depositions or other pretrial or trial proceedings), that the Producing Party affix the
3
legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
4
EYES ONLY” at the top of each page that contains protected material. If only a
5
portion or portions of the material on a page qualifies for protection, the Producing
6
Party also must clearly identify the protected portion(s) (e.g., by making appropriate
7
markings in the margins) and must specify, for each portion, the level of protection
8
being asserted (either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
9
ATTORNEYS’ EYES ONLY”).
10
A Party or non-party that makes original documents or materials
11
available for inspection need not designate them for protection until after the
12
inspecting Party has indicated which material it would like copied and produced.
13
During the inspection and before the designation, all of the material made available
14
for inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’
15
EYES ONLY.” After the inspecting Party has identified the documents it wants
16
copied and produced, the Producing Party must determine which documents, or
17
portions thereof, qualify for protection under this Order, then, before producing the
18
specified documents, the Producing Party must affix the appropriate legend
19
(“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
20
ONLY”) at the top of each page that contains Protected Material. If only a portion or
21
portions of the material on a page qualifies for protection, the Producing Party also
22
must clearly identify the protected portion(s) (e.g., by making appropriate markings
23
in the margins) and must specify, for each portion, the level of protection being
24
asserted
25
ATTORNEYS’ EYES ONLY”).
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(either
(b)
“CONFIDENTIAL”
or
“HIGHLY
CONFIDENTIAL
–
for testimony given in deposition or in other pretrial or trial
proceedings, that the Party or non-party offering or sponsoring the testimony identify
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on the record, before the close of the deposition, hearing, or other proceeding, all
2
protected testimony, and further specify any portions of the testimony that qualify as
3
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
4
impractical to identify separately each portion of testimony that is entitled to
5
protection, and when it appears that substantial portions of the testimony may qualify
6
for protection, the Party or non-party that sponsors, offers, or gives the testimony
7
may invoke on the record (before the deposition or proceeding is concluded) a right
8
to have up to 20 days to identify the specific portions of the testimony as to which
9
protection is sought and to specify the level of protection being asserted
10
(“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
11
ONLY”). Only those portions of the testimony that are appropriately designated for
12
protection within the 20 days shall be covered by the provisions of this Stipulated
13
Protective Order.
When it is
14
Transcript pages containing Protected Material must be separately
15
bound by the court reporter, who must affix to the top of each such page the legend
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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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ONLY,” as instructed by the Party or non-party offering or sponsoring the witness or
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presenting the testimony.
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(c)
for information produced in some form other than documentary,
20
and for any other tangible items, that the Producing Party affix in a prominent place
21
on the exterior of the container or containers in which the information or item is
22
stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
23
ATTORNEYS’ EYES ONLY.” If only portions of the information or item warrant
24
protection, the Producing Party, to the extent practicable, shall identify the protected
25
portions, specifying whether they qualify as “CONFIDENTIAL” or as “HIGHLY
26
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
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1
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
2
failure to designate qualified information or items as “Confidential” or “Highly
3
Confidential – Attorneys’ Eyes Only” does not, standing alone, waive the
4
Designating Party’s right to secure protection under this Order for such material. If
5
material is appropriately designated as “Confidential” or “Highly Confidential –
6
Attorneys’ Eyes Only” after the material was initially produced, the Receiving Party,
7
on timely notification of the designation, must make reasonable efforts to assure that
8
the material is treated in accordance with the provisions of this Order.
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5.4
Inadvertent Production of Documents. Inadvertent production of any
10
document produced in response to discovery requests in this action by any party or
11
non-party, that a party or non-party later claims should have been withheld on
12
grounds of a privilege, including but not limited to the work product doctrine
13
(collectively the “Inadvertently Produced Privileged Documents”) will not be
14
deemed to waive any privilege, including but not limited to work product protection.
15
A party or non-party may request the return of any document that it or a non-party
16
produced by identifying the Inadvertently Produced Privileged Documents and
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stating the legal basis for withholding such document from production in writing to
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all parties upon whom the Inadvertently Produced Privileged Documents were
19
served, within ten business days of discovery of the inadvertent production. If a
20
party or non-party requests the return, pursuant to this paragraph, of such
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Inadvertently Produced Privileged Documents, the possessing parties shall, within
22
seven calendar days return to the requesting party or non-party all Inadvertently
23
Produced Privileged Documents and shall expunge from any other document or
24
material information derived from the Inadvertently Produced Privileged Document.
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A party may thereafter move to compel production of any such Inadvertently
26
Produced Privileged Documents it has returned, provided that the fact of inadvertent
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production itself may not be cited as a basis for the motion.
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2
6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Unless a prompt challenge to a Designating
3
Party’s confidentiality designation is necessary to avoid foreseeable substantial
4
unfairness, unnecessary economic burdens, or a later significant disruption or delay
5
of the litigation, a Party does not waive its right to challenge a confidentiality
6
designation by electing not to mount a challenge promptly after the original
7
designation is disclosed.
8
6.2
Meet and Confer.
A Party that elects to initiate a challenge to a
9
Designating Party’s confidentiality designation must do so in good faith and must
10
begin the process by conferring directly (in voice to voice dialogue; other forms of
11
communication are not sufficient) with counsel for the Designating Party.
12
conferring, the challenging Party must explain the basis for its belief that the
13
confidentiality designation was not proper and must give the Designating Party an
14
opportunity to review the designated material, to reconsider the circumstances, and,
15
if no change in designation is offered, to explain the basis for the chosen designation.
16
A challenging Party may proceed to the next stage of the challenge process only if it
17
has engaged in this meet and confer process first.
18
6.3
In
Judicial Intervention. A Party that elects to press a challenge to a
19
confidentiality designation after considering the justification offered by the
20
Designating Party may file and serve a motion under the Local Rules (and in
21
compliance with any sealing rules, if applicable) that identifies the challenged
22
material and sets forth in detail the basis for the challenge. Each such motion must
23
be accompanied by a competent declaration that affirms that the movant has
24
complied with the meet and confer requirements imposed in the preceding paragraph
25
and that sets forth with specificity the justification for the confidentiality designation
26
that was given by the Designating Party in the meet and confer dialogue.
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The burden of persuasion in any such challenge proceeding shall be on the
2
Designating Party. Until the Court rules on the challenge, all parties shall continue
3
to afford the material in question the level of protection to which it is entitled under
4
the Producing Party’s designation.
5
7.
6
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
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 case
8
only for prosecuting, defending, or attempting to settle this litigation. Such Protected
9
Material may be disclosed only to the categories of persons and under the conditions
10
described in this Order. When the litigation has been terminated, a Receiving Party
11
must comply with the provisions of Section 11 below (FINAL DISPOSITION).
12
Protected Material must be stored and maintained by a Receiving Party at a
13
location and in a secure manner that ensures that access is limited to the persons
14
authorized under this Order.
15
7.2
Disclosure of “CONFIDENTIAL” Information or Items.
Unless
16
otherwise ordered by the Court or permitted in writing by the Designating Party, a
17
Receiving Party may disclose any information or item designated CONFIDENTIAL
18
only to:
19
(a)
the Receiving Party’s Outside Counsel of record in this action, as
20
well as employees of said Counsel to whom it is reasonably necessary to disclose the
21
information for this litigation and who have signed the “Agreement to Be Bound by
22
Protective Order” that is attached hereto as Exhibit A;
23
(b)
the officers, directors, and employees (including House Counsel)
24
of the Receiving Party to whom disclosure is reasonably necessary for this litigation
25
and who have signed the “Agreement to Be Bound by Protective Order” (Exhibit A);
26
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(c)
1
experts (as defined in this Order) of the Receiving Party to whom
2
disclosure is reasonably necessary for this litigation and who have signed the
3
“Agreement to Be Bound by Protective Order” (Exhibit A);
4
(d)
the Court and its personnel;
5
(e)
court reporters, their staffs, and professional vendors to whom
6
disclosure is reasonably necessary for this litigation and who have signed the
7
“Agreement to Be Bound by Protective Order” (Exhibit A);
(f)
8
during their depositions, witnesses in the action to whom
9
disclosure is reasonably necessary and who have signed the “Agreement to Be
10
Bound by Protective Order” (Exhibit A). Pages of transcribed deposition testimony
11
or exhibits to depositions that reveal Protected Material must be separately bound by
12
the court reporter and may not be disclosed to anyone except as permitted under this
13
Stipulated Protective Order.
14
(g)
15
the author of the document or the original source of the
information.
7.3
16
Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
17
ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in
18
writing by the Designating Party, a Receiving Party may disclose any information or
19
item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only
20
to:
21
(a)
the Receiving Party’s House Counsel and Outside Counsel of
22
record in this action, as well as employees of said Counsel to whom it is reasonably
23
necessary to disclose the information for this litigation and who have signed the
24
“Agreement to Be Bound by Protective Order” that is attached hereto as Exhibit A;
25
26
(b)
Experts (as defined in this Order) (1) to whom disclosure is
reasonably necessary for this litigation, (2) who have signed the “Agreement to Be
27
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1
Bound by Protective Order” (Exhibit A), and (3) as to whom the procedures set forth
2
in paragraph 7.4, below, have been followed;
3
(c)
the Court and its personnel;
4
(d)
court reporters, their staffs, and professional vendors to whom
5
disclosure is reasonably necessary for this litigation and who have signed the
6
“Agreement to Be Bound by Protective Order” (Exhibit A); and
(e)
7
8
9
10
the author of the document or the original source of the
information.
7.4
Procedures for Approving Disclosure of “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” Information or Items to “Experts”
(a)
11
Unless otherwise ordered by the Court or agreed in writing by the
12
Designating Party, a Party that seeks to disclose to an “Expert” (as defined in this
13
Order)
14
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” first must make a written
15
request to the Designating Party that (1) identifies the specific HIGHLY
16
CONFIDENTIAL information that the Receiving Party seeks permission to disclose
17
to the Expert, (2) sets forth the full name of the Expert and the city and state of his or
18
her primary residence, (3) attaches a copy of the Expert’s current resume, (4)
19
identifies the Expert’s current employer(s), (5) identifies each person or entity from
20
whom the Expert has received compensation for work in his or her areas of expertise
21
or to whom the Expert has provided professional services at any time during the
22
preceding five years, and (6) identifies (by name and number of the case, filing date,
23
and location of Court) any litigation in connection with which the Expert has
24
provided any professional services during the preceding five years.
25
any
information
(b)
or
item
that
has
been
designated
“HIGHLY
A Party that makes a request and provides the information
26
specified in the preceding paragraph may disclose the subject Protected Material to
27
the identified Expert unless, within seven Court days of delivering the request, the
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1
Party receives a written objection from the Designating Party. Any such objection
2
must set forth in detail the grounds on which it is based.
(c)
3
A Party that receives a timely written objection must meet and
4
confer with the Designating Party (through direct voice to voice dialogue) to try to
5
resolve the matter by agreement. If you agreement is reached, the Party seeking to
6
make the disclosure to the Expert may file a motion as provided by the Local Rules
7
(and in compliance with any sealing rules, if applicable) seeking permission from the
8
Court to do so. Any such motion must describe circumstances with specificity, set
9
froth in detail the reasons for which the disclosure to the Expert is reasonably
10
necessary, assess the risk of harm that the disclosure would entail and suggest any
11
additional means that might be used to reduce that risk. In addition, any such motion
12
must be accompanied by a competent declaration in which the movant describes the
13
parties’ efforts to resolve the matter by agreement (i.e., the extent and the content of
14
the meet and confer discussions) and sets forth the reason advanced by the
15
Designating Party for its refusal to approve the disclosure.
16
In any such proceeding, the Party opposing disclosure to the Expert
17
shall bear the burden of proving that the risk of harm that the disclosure would
18
(under the safeguards proposed) outweighs the Receiving Party’s need to disclose the
19
Protected Material to its Expert.
20
8.
21
PRODUCED IN OTHER LITIGATION
PROTECTED
MATERIAL
SUBPOENAED
OR
ORDERED
22
If a Receiving Party is served with a subpoena or an order issued in other
23
litigation that would compel disclosure of any information or items designated in this
24
action as ‘CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
25
EYES ONLY,” the Receiving Party must so notify the Designating Party, in writing
26
(by fax, if possible) immediately and in no event more than three Court days after
27
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1
receiving the subpoena or order. Such notification must include a copy of the
2
subpoena or court order.
3
The Receiving Party also must immediately inform in writing the Party who
4
caused the subpoena to issue in the other litigation that some or all the material
5
covered by the subpoena or order is the subject of this Protective Order. In addition,
6
the Receiving Party must deliver a copy of this Stipulated Protective Order promptly
7
to the Party in the other action that caused the subpoena or order to issue.
8
In the event the Designating Party files a motion for protective order to quash
9
the subpoena, the subpoenaed party shall not produce any Protected Material in
10
response to the subpoena without the prior written consent of the producing party or
11
non-party unless (1) an order of a Court of competent jurisdiction has issued
12
requiring production, (2) the Designating Party’s motion is withdrawn or denied and
13
the time for an appeal or writ challenging the denial has expired, or (3) a failure to
14
produce such Confidential or Highly Confidential Information would, in the
15
judgment of the subpoenaed party, constitute a violation of any law, rule or
16
regulation.
17
The purpose of imposing these duties is to alert the interested parties to the
18
existence of this Protective Order to afford the Designating Party in this case an
19
opportunity to try to protect its confidentiality interests in the Court from which the
20
subpoena or order issued. The Designating Party shall bear the burdens and the
21
expenses of seeking protection in that Court of its confidential material – and nothing
22
in these provisions should be construed as authorizing or encouraging a Receiving
23
Party in this action to disobey a lawful directive from another Court.
24
9.
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 Protected Order, the Receiving Party must immediately (a) notify in
28
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1
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
2
to retrieve all copies of the Protected Material, (c) inform the person or person to
3
whom unauthorized disclosures were made of al the terms of this Order, and (d)
4
request such a person or persons to execute the “Acknowledgement and Agreement
5
to Be Bound” that is attached hereto as Exhibit A.
6
10.
FILING PROTECTED MATERIAL
In the event that any “Confidential” or “Highly Confidential – Attorneys’ Eyes
7
8
Only” information is to be used in any Court proceeding in this action, it shall not
9
lose its confidential status through such use, and the party using such material shall
10
take all reasonable steps to maintain its confidentiality during such use. All
11
“Confidential” or “Highly Confidential – Attorneys’ Eyes Only” information,
12
documents, and any papers containing information contained in or derived from such
13
documents that is filed with the Court shall be filed with the clerk of the Court
14
pursuant to Local Rule 79-5.1.
15
11.
FINAL DISPOSITION
16
Unless otherwise ordered or agreed in writing by the Producing Party, within
17
sixty days after the final termination of this action, each Receiving Party must return
18
all Protected Material to the Producing Party. As used in this subdivision, “all
19
Protected Material” includes all copies, abstracts, compilations, summaries or any
20
other form of reproducing or capturing any of the Protected Material.
21
permission in writing from the Designating Party, the Receiving Party may destroy
22
some or all of the Protected Material instead of returning it. Whether the Protected
23
Material is returned or destroyed, the Receiving Party must submit a written
24
certification to the Producing Party (and, if not the same person or entity, the
25
Designating Party) by the sixty day deadline that identifies (by category, where
26
appropriate) all the Protected Material that was returned or destroyed and that
27
affirms that the Receiving has not retained any copies, abstracts, compilations,
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With
1
summaries or other forms of reproducing or capturing any of the Protected Material.
2
Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
3
pleadings, motion papers, transcripts, legal memoranda, correspondence or attorney
4
work product, even if such material contain Protected Material. Any such archival
5
copies that contain or constitute Protected Material remain subject to this Protective
6
Order as set forth in Section 4 (DURATION), above.
7
12.
12.1 Right to Further Relief. Nothing in this order abridges the right of any
8
9
MISCELLANEOUS
person to seek its modification by the Court in the future.
10
11
12
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///
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DC Comics v. Towle: [Proposed] Protective Order
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12.2 Right to Assert Other Objections. By stipulating to the entry of this
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Protective Order no Party waives any right it otherwise would have to object
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disclosing or producing any information or item on any ground not addressed in this
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Stipulated Protective Order. Similarly, no Party waives any right to object on any
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ground to use in evidence of any of the material covered by this Protective Order.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED:__5/31/12_________________
__________________________
Hon. Oswald Parada
Magistrate Judge, United States
District Court, Central District
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PRESENTED BY:
J. Andrew Coombs, A Professional Corp.
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By: ______________________________
J. Andrew Coombs
Nicole L. Drey
Attorneys for Plaintiff DC Comics
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ZernerLaw
By: ______________________________
Larry Zerner
Attorney for Defendant Mark Towle, an
individual and d/b/a Gotham Garage
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DC Comics v. Towle: [Proposed] Protective Order
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EXHIBIT A
ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
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I,
_______________________
[print
or
type
full
name],
of
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_____________________ [print or type full address], declare under penalty of
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perjury that I have read in is entirety and understand the Stipulated Protective Order
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that was issued by the United States District Court for the Central District of
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California on ____________________, 2012, in the case of DC Comics v. Mark
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Towle, et al., Case No. CV11-3934 RSWL (OPx). I agree to comply with and to be
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bound by all the terms of this Stipulated Protective Order and I understand and
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acknowledge that failure to so comply could expose me to sanctions and punishment
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in the nature of contempt. I solemnly promise that I will not disclose in any manner
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any information or item that is subject to this Stipulated Protective Order to any
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person or entity except in strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court
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for the Central District of California for the purpose of enforcing the terms of this
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Stipulated Protective Order, even if such enforcement proceedings occur after
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termination of this action.
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I hereby appoint ___________________ [print or type full name] of
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__________________ [print or type full address and telephone number] as my
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California Agent for service of process in connection with this action or any
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proceedings related to enforcement of this Stipulated Protective Order.
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Date: _______________________________
City and State where sworn and signed: _
__________________________
Printed Name: _______________________________
[printed name]
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Signature: _______________________________
[signature]
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DC Comics v. Towle: [Proposed] Protective Order
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