FedEx Ground Package System Inc v. Blackhawk Manufacturing Inc
Filing
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STIPULATED PROTECTIVE ORDER by Magistrate Judge Oswald Parada re Stipulation for Protective Order 20 . (See document for specifics) (mrgo)
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MORGAN, LEWIS & BOCKIUS LLP
JOSEPH DUFFY, State Bar No. 241854
jduffy@morganlewis.com
MONIQUE E. CHO, State Bar No. 251949
mcho@morganlewis.com
300 South Grand Avenue
Twenty -Second Floor
Los Angeles, CA 90071-3132
Tel: 213.612.2500
Fax: 213.612.2501
Attorneys for Plaintiff
FEDEX GROUND PACKAGE SYSTEM,
INC.
SCHAFFER, LAX, MCNAUGHTON &
CHEN, A Professional Corporation
JILL A. FRANKLIN, State Bar No. 128280
franklinj@slmclaw.com
515 South Figueroa Street, Suite 1400
Los Angeles, CA 90071
Tel: 213.337.1000
Fax: 213.337.1010
Attorneys for Defendant
BLACKHAWK MANUFACTURING, INC.
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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FEDEX GROUND PACKAGE
SYSTEM, INC., a Delaware
Corporation,
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Plaintiff,
Case No. CV11-06893-ODW(OPx)
STIPULATED PROTECTIVE
ORDER
DISCOVERY MATTER
vs.
BLACKHAWK MANUFACTURING,
INC., a California Corporation,,
Defendant.
Crtrm: 11
Judge: Hon. Otis D. Wright II
Magistrate Judge: Hon. Oswald
Parada
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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES
[PROPOSED] STIPULATED PROTECTIVE ORDER
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The following Protective Order is hereby stipulated to by and between
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Plaintiff FedEx Ground Package System, Inc. (“FedEx Ground”) and Defendant
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Blackhawk Manufacturing, Inc. (“Blackhawk”).
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WHEREAS, the parties anticipate that discovery in the above-entitled action
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will encompass sensitive, confidential or proprietary information and documents
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that are sensitive, confidential or proprietary in nature;
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WHEREAS, in the absence of a protective order, the parties’ sensitive,
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confidential or proprietary information may be subject to disclosure in this
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litigation to the parties’ detriment;
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WHEREAS, the parties’ exchange of documents and information will be
facilitated by the Court entering this Protective Order;
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NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
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1.
This Protective Order shall govern all documents, discovery materials,
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or any designated record of information produced in this action, including all
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designated deposition testimony, all designated testimony taken at a hearing or
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other proceeding, interrogatory answers, documents, and other discovery materials
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(whether produced informally or in response to interrogatories, requests for
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admissions, requests for production of documents, or other formal method of
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discovery) produced within the context of this action.
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2.
Either party hereto may designate information as “CONFIDENTIAL,”
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pursuant to the terms of this Protective Order, if that party in good faith believes
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that such information constitutes, contains or reflects proprietary or commercially
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sensitive information. All information, including without limitation all copies,
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excerpts, analyses, reports, notes or summaries based upon or derived from any
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information that has been designated as CONFIDENTIAL, shall be considered to
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be CONFIDENTIAL.
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3.
CONFIDENTIAL information or items shall mean any information
that the designating party in good faith believes is properly protected under Fed. R.
MORGAN, LEWIS &
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ATTORNEYS AT LAW
[PROPOSED] STIPULATED PROTECTIVE ORDER
LOS ANGELES
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Civ. P. 26(c), and which is properly designated as “CONFIDENTIAL” according to
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the procedures set forth in Paragraph 5 of this Protective Order.
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4.
Documents and information designated as CONFIDENTIAL shall
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include: (a) all copies, extracts, and complete or partial summaries prepared from
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such documents or information; (b) portions of deposition transcripts and exhibits
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that contain or reflect the content of any such documents, copies, extracts, or
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summaries; (c) portions of briefs, memoranda, or any other writing filed with the
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Court and exhibits that contain or reflect the content of any such documents, copies,
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extracts, or summaries, and (d) deposition testimony.
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5.
After the date of this Protective Order, to designate any information or
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documents as CONFIDENTIAL, such that the information or documents are
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protected under this Protective Order, either party shall:
(a)
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In the case of documents, mark such document, or portions of
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such document, “CONFIDENTIAL” at or prior to the time it is produced or
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otherwise made available by one party hereto to the other party hereto, or as soon as
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is practicable thereafter.
(b)
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In the case of responses to particular interrogatories, requests for
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admissions or requests for production of documents made after the date of this
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Protective Order, any CONFIDENTIAL material in such responses shall be set
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forth in a separate document containing a statement to the effect that “THIS
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RESPONSE CONTAINS CONFIDENTIAL MATERIAL,” and the legend
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“CONFIDENTIAL, SUBJECT TO COURT ORDER,” shall be placed on each
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page of any such set of responses. CONFIDENTIAL portions of such responses
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made prior to the date of this Protective Order may be designated as
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CONFIDENTIAL.
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6.
All information, including without limitation all documents,
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designated as CONFIDENTIAL shall be used solely in this action, and not be
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disclosed in any manner to anyone other than the following:
MORGAN, LEWIS &
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ATTORNEYS AT LAW
[PROPOSED] STIPULATED PROTECTIVE ORDER
LOS ANGELES
(a)
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counsel (including in-house counsel) who are actively engaged
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in the prosecution or defense of this action; the employees or agents of such counsel
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assisting in the conduct of this action; the parties to the action; and, where
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necessary, partners, employees, or agents of parties to the action;
(b)
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bona fide experts assisting counsel in the prosecution or defense
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of this action, whether categorized as “testifying” or “consulting,” whom the
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attorneys represent have been specifically instructed not to discuss or disclose
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information that has been designated CONFIDENTIAL other than with counsel of
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record;
(c)
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witnesses and their counsel in this action where deemed
necessary by counsel to assist in the prosecution or defense of this action;
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(d)
the Court;
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(e)
court reporters, court personnel, interpreters, translators, copy
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services, graphic support services, document imaging services, and database/coding
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services retained by counsel; and
(f)
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other persons only in accordance with paragraph 9 of this
Protective Order.
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Each person to whom information designated as CONFIDENTIAL is
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disclosed, and who are signatories to the Protective Order or have executed a Non-
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Disclosure Certificate (Exhibit A), shall be bound by the terms of this Protective
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Order.
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8.
Prior to disclosure of any information designated as CONFIDENTIAL
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under this Protective Order, each person to whom such information is to be
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disclosed (excluding the Court, court personnel, counsel of record and legal
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assistants, in-house counsel, or other law firm or law department employees
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working under their supervision in this action), shall agree to be bound by the terms
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of this Protective Order, and consent to be subject to the personal jurisdiction of the
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United States District Court for the Central District of California for any proceeding
MORGAN, LEWIS &
BOCKIUS LLP
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ATTORNEYS AT LAW
[PROPOSED] STIPULATED PROTECTIVE ORDER
LOS ANGELES
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relating to enforcement of this Protective Order by executing the form attached
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hereto as Exhibit “A.” Counsel shall maintain all such executed forms on file
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throughout the pendency of this action.
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9.
In the event that counsel for either party determines that this action
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requires that any CONFIDENTIAL DOCUMENTS or information be disclosed to
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persons not otherwise authorized herein, such counsel shall provide counsel for the
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party that produced or otherwise made available such information written notice of
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the intended disclosure (which notice shall specify with particularity the
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information to be disclosed and the identity, including name, title and employer, of
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the otherwise unauthorized person) not less than ten (10) calendar days prior to
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disclosure, or such shorter period as is agreeable to the party that produced such
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material. If within four (4) calendar days of receipt of such notice, counsel for the
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party that produced or otherwise made available such information objects in writing
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via facsimile or e-mail to such disclosure to the counsel giving notice, the
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information shall not be disclosed unless the Court so orders. The party seeking
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disclosure of the CONFIDENTIAL documents must seek the necessary relief from
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the Court.
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10.
Each person to whom any information subject to this Protective Order
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is disclosed, and who is a signatory to the Stipulation for Protective Order or who
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has executed a Non-Disclosure Certificate, is hereby prohibited from divulging
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such materials or any information contained therein or from exploiting in any way
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such material or information for his or her own economic benefit or business
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purposes.
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11.
If, for any reason, any CONFIDENTIAL documents are to be filed
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with the Court, such documents shall be filed in accordance with Central District
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Local Rules 79-5.1 through 79-5.4. At the conclusion of this case, any materials
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filed with the Court under seal shall be kept under seal or be returned for
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disposition as provided in Paragraph 14.
MORGAN, LEWIS &
BOCKIUS LLP
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ATTORNEYS AT LAW
[PROPOSED] STIPULATED PROTECTIVE ORDER
LOS ANGELES
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12.
If any party wishes to challenge the designation of any information,
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document or discovery response designated as CONFIDENTIAL, it shall meet and
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confer with the designating party to resolve the dispute pursuant to Central District
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Local Rule 37-1. If the parties are unable to resolve the dispute, the parties shall
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file a written joint stipulation containing all issues in dispute, which will be
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prepared in conformity with Central District Local Rules 37-2.1 and 37-2.2. The
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moving party may then move for a determination as to whether the document or
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other information in question warrants protection as a CONFIDENTIAL matter.
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The moving party’s stipulation or declaration describing how the opposing party
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failed to cooperate in formulating the stipulation must be timely filed pursuant to
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Central District Local Rule 37-2.4. Nothing in this Protective Order affects or
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alters the burden on the designating party to establish the propriety of confidential
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treatment for any information or document designated as CONFIDENTIAL.
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13.
This Protective Order shall have no effect on any information or
documents already lawfully in the possession of either party.
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Within sixty (60) days after final disposition of this action, the parties
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and all signatories to the Non-Disclosure Certificate shall destroy or return to the
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person producing the material all documents designated as CONFIDENTIAL, and
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all copies thereof, including excerpts and extracts (excluding excerpts or extracts
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incorporated into any privileged memoranda), except for such material which has
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become part of the record in the action. The parties must certify the destruction of
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CONFIDENTIAL material in writing. The Court will retain jurisdiction to enforce
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compliance with this provision.
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15.
The inadvertent or unintentional disclosure of documents containing
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CONFIDENTIAL information, regardless of whether the documents or information
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was so designated at the time of disclosure, shall not be deemed a waiver, in whole
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or in part, of a party’s claim of confidentiality, either as to the specific information
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disclosed therein or as to any other information thereto or on the same or related
MORGAN, LEWIS &
BOCKIUS LLP
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ATTORNEYS AT LAW
[PROPOSED] STIPULATED PROTECTIVE ORDER
LOS ANGELES
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su
ubject matt
ter.
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16.
Nothing contained herein shal be constr
c
h
ll
ructed as li
imiting or negating
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th right of any party hereto to br
he
a
h
ring a mot
tion to com discov
mpel
very, for a protective
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or
rder, or, up a show
pon
wing of goo cause, to modify th provisio of this Protective
od
o
he
ons
e
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Order.
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17.
In the eve a party is served w a validly issued subpoena from a
ent
with
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hird
IDENTIAL informat
L
tion or mat
terial, that
th party requesting disclosure of CONFI
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pa shall im
arty
mmediatel notify th party tha designat such m
ly
he
at
ted
material as
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CO
ONFIDEN
NTIAL, and prior to disclosure of any CO
d
d
ONFIDENT
TIAL infor
rmation or
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do
ocuments, shall allow the desig
w
gnating part sufficien time to object to o move to
rty
nt
or
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qu
uash the su
ubpoena.
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T
O
D.
IT IS SO ORDERED
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Dated: 5/23/
By
y
Ho Oswald Parada, U Magistrate Judge
on.
d
U.S.
e
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MORGAN, LEWIS &
BOCKIUS LLP
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ATTORNEYS AT LAW
[PROPOSED] STIPULATE PROTECTI
]
ED
IVE ORDER
LOS ANG
GELES
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EXHIBIT A
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NON-DISCLOSURE CERTIFICATE
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I hereby certify my understanding that access to confidential material in this
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action is provided to me pursuant to the terms and restrictions of the Protective
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Order approved by The Honorable Otis D. Wright II, District Judge, in the action
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captioned FedEx Ground Package System, Inc. v. Blackhawk Manufacturing, Inc.,
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United States District Court for the Central District of California, Case No. CV11-
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06983-ODW(OPx). I have been given a copy of and have read the Protective
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Order, and I agree to be bound by it. Without limiting the terms of the Protective
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Order, I specifically understand that confidential material and any information
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contained in confidential material shall not be used or disclosed to anyone other
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than in accordance with the Protective Order.
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I acknowledge that a violation of this Non-Disclosure Certificate or the
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Protective Order shall entitle parties to seek both legal and equitable remedies
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against me and my employer. I submit to the jurisdiction of the United States
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District Court for the Central District of California, and the judge assigned to the
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Litigation, for resolution of any and all disputes arising under the Protective Order
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and this Non-Disclosure Certificate.
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Dated: _____________
_______________________________
Signature
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_______________________________
Name
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_______________________________
Title
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_______________________________
Address and Telephone Number
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MORGAN, LEWIS &
BOCKIUS LLP
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ATTORNEYS AT LAW
[PROPOSED] STIPULATED PROTECTIVE ORDER
LOS ANGELES
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