Bretta Pollara v. Radiant Logistics Inc et al

Filing 38

PROTECTIVE ORDER by Magistrate Judge John E. McDermott, Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and fro m use for any purpose other than this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles and as set forth herein. re Stipulation for Protective Order 36 (SEE ORDER FOR FURTHER DETAILS) (lmh)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 In Re The Matter of: 11 BRETTA POLLARA, 12 Plaintiff, 13 14 15 16 17 18 21 22 23 24 25 [PROPOSED] STIPULATED PROTECTIVE ORDER v. RADIANT LOGISTICS, INC., a Delaware Corporation, DOES 1 through 10, inclusive, Defendants. _________________________________ RADIANT LOGISTICS, INC., a Delaware Corporation, 19 20 CASE NO. CV 12-344 GAF (JEM) v. Counterclaimant BRETTA SANTINI POLLARA, an individual, SANTINI PRODUCTIONS, a Nevada Corporation, DANIEL REFFNER, an individual, MARTHA BRENNAN, an individual and OCEANAIR, INC., a Massachusetts Corporation, and DOES 1 through 10, inclusive, Complaint Filed: 12/15/11 Counterclaim Filed: 1/23/12 FSC: none scheduled Trial: none scheduled Counterdefendants. 26 27 28 -1[PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 1. 2 Disclosure and discovery activity in this action are likely to involve 3 production of confidential, proprietary, or private information for which special 4 protection from public disclosure and from use for any purpose other than this 5 litigation may be warranted. Accordingly, the parties hereby stipulate to and petition 6 the court to enter the following Stipulated Protective Order. The parties acknowledge 7 that this Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles and as set forth herein. 11 2. 12 13 PURPOSES AND LIMITATIONS DEFINITIONS Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 14 “CONFIDENTIAL” Information or Items: information (regardless of 15 how it is generated, stored or maintained) or tangible things and shall include: (i) 16 trade secret information as defined by Cal. Civ. Code §3426.11; (ii) marketing 17 material used by a Party to solicit clients; and (iii) information which, if disclosed 18 could constitute a violation of any third party’s right of privacy or otherwise violates 19 an obligation of confidentiality owed to a third party. 20 “CONFIDENTIAL – ATTORNEY’S EYES ONLY” Information or 21 Items: information (regardless of how it is generated, stored or maintained) or 22 tangible things that constitute confidential business information and shall include: (i) 23 a Party’s client’s or customer’s identity and location; 24 customer invoices reflecting types of services purchased by a Party’s client or 25 customer and the charges to the client or customer for such services; (iii) a Party’s (ii) a Party’s client or 26 1 27 28 Cal. Civ. Code §3426.1 provides that trade secret “means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” -2[PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 compilation information pertaining to the Party’s clients’ or customers’ ordering 2 trends, volume, and unique needs or requests; (iv) vendor charges to a Party for 3 services provided by that Party to its clients and customers; (v) a Party’s financial 4 information including but not limited to accounts payable, accounts receivable, sales 5 revenue, cost of sales, general and administrative costs, and profit and loss 6 statements; and (vi) information concerning a Party’s vendors and/or suppliers, 7 including, without limitation, information concerning pricing offered by said vendor 8 and/or supplier to the Party. 9 Counsel (without qualifier): Outside Counsel of Record and House 10 Counsel (as well as their support staff).Designating Party: a Party or Non-Party that 11 designates information or items that it produces in disclosures or in responses to 12 discovery as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEY EYES 13 ONLY.” 14 Disclosure or Discovery Material: all items or information, regardless 15 of the medium or manner in which it is generated, stored, or maintained (including, 16 among other things, testimony, transcripts, and tangible things), that are produced or 17 generated in disclosures or responses to discovery in this matter. 18 Expert: a person with specialized knowledge or experience in a matter 19 pertinent to the litigation who has been retained by a Party or its counsel to 20 serve as an expert witness or as a consultant in this action. 21 House Counsel: attorneys who are employees of a party to this action. 22 House Counsel does not include Outside Counsel of Record or any other outside 23 counsel. 24 25 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 26 Outside Counsel of Record: attorneys who are not employees of a party 27 to this action but are retained to represent or advise a party to this action and have 28 appeared in this action on behalf of that party or are affiliated with a law firm which -3[PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 has appeared on behalf of that party. 2 Party: any party to this action, including all of its officers, directors, 3 employees, consultants, retained experts, and Outside Counsel of Record (and their 4 support staffs). 5 6 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 7 Professional Vendors: persons or entities that provide litigation support 8 services (e.g., photocopying, videotaping, translating, preparing exhibits or 9 demonstrations, and organizing, storing, or retrieving data in any form or medium) 10 and their employees and subcontractors. 11 Protected Material: any Disclosure or Discovery Material that is 12 designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEY’S EYES 13 ONLY.” 14 15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 16 3. 17 The protections conferred by this Stipulation and Order cover not only SCOPE 18 Protected Material (as defined above), but also (1) any information copied or 19 extracted from Protected Material; (2) all copies, excerpts, summaries, or 20 compilations of Protected Material; and (3) any testimony, conversations, or 21 presentations by Parties or their Counsel that might reveal Protected Material. 22 However, the protections conferred by this Stipulation and Order do not cover the 23 following information: (a) any information that is in the public domain at the time of 24 disclosure to a Receiving Party or becomes part of the public domain after its 25 disclosure to a Receiving Party as a result of publication not involving a violation of 26 this Order, including becoming part of the public record through trial or otherwise; 27 and (b) any information known to the Receiving Party prior to the disclosure or 28 obtained by the Receiving Party after the disclosure from a source who obtained the -4[PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 information lawfully and under no obligation of confidentiality to the Designating 2 Party. Any use of Protected Material at trial shall be governed by a separate 3 agreement or order. 4 4. 5 Even after final disposition of this litigation, the confidentiality obligations 6 imposed by this Order shall remain in effect until a Designating Party agrees 7 otherwise in writing or a court order otherwise directs. Final disposition shall be 8 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 9 or without prejudice; and (2) final judgment herein after the completion and 10 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 11 including the time limits for filing any motions or applications for extension of time 12 pursuant to applicable law. 13 5. 14 DURATION DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for 15 Protection. 16 protection under this Order must take care to limit any such designation to specific 17 material that qualifies under the appropriate standards. The Designating Party must 18 designate for protection only those parts of material, documents, items, or oral or 19 written communications that qualify — so that other portions of the material, 20 documents, items, or communications for which protection is not warranted are not 21 swept unjustifiably within the ambit of this Order. Each Party or Non-Party that designates information or items for 22 Mass or indiscriminate designations are prohibited. Designations that 23 are shown to be clearly unjustified or that have been made for an improper purpose 24 (e.g., to unnecessarily encumber or retard the case development process or to impose 25 unnecessary expenses and burdens on other parties) expose the Designating Party to 26 sanctions. 27 If it comes to a Designating Party’s attention that information or items 28 that it designated for protection do not qualify for protection, that Designating Party -5[PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 must promptly notify all other Parties that it is withdrawing the mistaken 2 designation. 3 5.2 Manner and Timing of Designations. Except as otherwise 4 provided in this Order (see, e.g., second paragraph of section 5.3(a) below), or as 5 otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 6 protection under this Order must be clearly so designated before the material is 7 disclosed or produced. 8 5.3 9 Designation. Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or 10 electronic documents, but excluding transcripts of depositions or other pretrial or 11 trial proceedings), that the Producing Party affix the legend “CONFIDENTIAL – 12 ATTORNEY EYES ONLY” to each page that contains protected material. If only a 13 portion or portions of the material on a page qualifies for protection, the Producing 14 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 15 markings in the margins). 16 A Party or Non-Party that makes original documents or materials 17 available for inspection need not designate them for protection until after the 18 inspecting Party has indicated which material it would like copied and produced. 19 During the inspection and before the designation, all of the material made available 20 for inspection shall be deemed “CONFIDENTIAL” or “CONFIDENTIAL – 21 ATTORNEY EYES ONLY.” After the inspecting Party has identified the 22 documents it wants copied and produced, the Producing Party must determine which 23 documents, or portions thereof, qualify for protection under this Order. Then, before 24 producing the specified documents, the Producing Party must affix the 25 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEY EYES ONLY” legend to 26 each page that contains Protected Material. If only a portion or portions of the 27 material on a page qualifies for protection, the Producing Party also must clearly 28 identify the protected portion(s) (e.g., by making appropriate markings in the -6[PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 margins). 2 (b) for testimony given in deposition or in other pretrial or trial 3 proceedings, that the Designating Party identify on the record, before the close of the 4 deposition, hearing, or other proceeding, all protected testimony. 5 (c) for information produced in some form other than 6 documentary and for any other tangible items, that the Producing Party affix in a 7 prominent place on the exterior of the container or containers in which the 8 information or item is stored the legend “CONFIDENTIAL” or “CONFIDENTIAL 9 – ATTORNEY EYES ONLY.” If only a portion or portions of the information or 10 item warrant protection, the Producing Party, to the extent practicable, shall identify 11 the protected portion(s). 12 5.4 Redaction of Portions of Protected Material. A Producing Party, 13 may, in good faith, redact such portions of Protected Material that it deems: (i) 14 protected by the attorney-client privilege; (ii) to be attorney work-product; or (iii) 15 containing information that is irrelevant to this matter. The parties agree, however, 16 that neither customer names nor dollar amounts will e redacted from invoices or 17 contracts under this provision. For all portions of redacted Protected Material, the 18 Producing Party shall make it clear that material has been redacted and include a 19 brief comment explaining the basis of any redaction. 20 explanation shall be affixed close to the portion of redacted Protected Material. 21 5.5 Wherever possible, this Inadvertent Failures to Designate. If timely corrected, an 22 inadvertent failure to designate qualified information or items does not, standing 23 alone, waive the Designating Party’s right to secure protection under this Order for 24 such material. Upon timely correction of a designation, the Receiving Party must 25 make reasonable efforts to assure that the material is treated in accordance with the 26 provisions of this Order. 27 /// 28 /// -7[PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS OR 2 REDACTIONS 3 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 4 designation of confidentiality or redaction at any time. Unless a prompt challenge to 5 a Designating Party’s confidentiality designation or redaction is necessary to avoid 6 foreseeable, substantial unfairness, unnecessary economic burdens, or a significant 7 disruption or delay of the litigation, a Party does not waive its right to challenge a 8 confidentiality designation or redaction by electing not to mount a challenge 9 promptly after the original designation or redaction is disclosed. 10 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 11 resolution process by providing written notice of each designation or redaction it is 12 challenging and describing the basis for each challenge. To avoid ambiguity as to 13 whether a challenge has been made, the written notice must recite that the challenge 14 to confidentiality or redaction is being made in accordance with this specific 15 paragraph of the Protective Order. The parties shall attempt to resolve each 16 challenge in good faith and must begin the process by conferring directly (in voice to 17 voice dialogue; other forms of communication are not sufficient) within 14 days of 18 the date of service of notice. In conferring, the Challenging Party must explain the 19 basis for its belief that the confidentiality designation or redaction was not proper 20 and must give the Designating Party an opportunity to review the designated or 21 redacted material, to reconsider the circumstances, and, if no change in designation 22 or redaction is offered, to explain the basis for the chosen designation or redaction. A 23 Challenging Party may proceed to the next stage of the challenge process only if it 24 has engaged in this meet and confer process first or establishes that the Designating 25 Party is unwilling to participate in the meet and confer process in a timely manner. 26 6.3 Judicial Intervention. If the Parties cannot resolve a challenge 27 without court intervention, the Challenging Party may file a motion challenging a 28 confidentiality designation or redaction if there is good cause for doing so, including -8[PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 a challenge to the designation of a deposition transcript or any portions thereof. Any 2 motion brought pursuant to this provision must be accompanied by a competent 3 declaration affirming that the movant has complied with the meet and confer 4 requirements imposed by the preceding paragraph. 5 The burden of persuasion in any such challenge proceeding shall be on 6 the Designating Party. Frivolous challenges, and those made for an improper 7 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 8 parties) may expose the Challenging Party to sanctions. All parties shall continue to 9 afford the material in question the level of protection to which it is entitled under the 10 11 Producing Party’s designation until the court rules on the challenge. 7. 12 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material 13 that is disclosed or produced by another Party or by a Non-Party in connection with 14 this case only for prosecuting, defending, or attempting to settle this litigation. Such 15 Protected Material may be disclosed only to the categories of persons and under the 16 conditions described in this Order. When the litigation has been terminated, a 17 Receiving Party must comply with the provisions of section 13 below (FINAL 18 DISPOSITION). 19 Protected Material must be stored and maintained by a Receiving Party 20 at a location and in a secure manner that ensures that access is limited to the persons 21 authorized under this Order. 22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 23 otherwise ordered by the court or permitted in writing by the Designating Party, a 24 Receiving 25 “CONFIDENTIAL” only to: Party 26 may (a) disclose Protected Material or item designated the Receiving Party’s Outside Counsel of Record in this 27 action, as well as employees of said Outside Counsel of Record to whom it is 28 reasonably necessary to disclose the information for this litigation and who have -9[PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as 2 Exhibit A; 3 (b) the officers, directors, and employees (including House 4 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 5 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 6 (Exhibit A); 7 (c) Experts (as defined in this Order) of the Receiving Party to 8 whom disclosure is reasonably necessary for this litigation and who have signed the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 (d) the court and its personnel; 11 (e) court reporters and their staff, professional jury or trial 12 consultants, mock jurors, and Professional Vendors to whom disclosure is 13 reasonably necessary for this litigation and who have signed the “Acknowledgment 14 and Agreement to Be Bound” (Exhibit A); 15 (f) during their depositions, witnesses in the action to whom 16 disclosure is reasonably necessary and who have signed the “Acknowledgment and 17 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 18 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits 19 to depositions that reveal Protected Material must be separately bound by the court 20 reporter and may not be disclosed to anyone except as permitted under this 21 Stipulated Protective Order. 22 (g) the author or recipient of a document containing the 23 information or a custodian or other person who otherwise possessed or knew the 24 information. 25 7.3 Disclosure of “CONFIDENTIAL – ATTORNEY’S EYES 26 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 27 writing by the Designating Party, may disclose any information or item designated 28 Protected Material designated “CONFIDENTIAL – ATTORNEYS EYES ONLY” - 10 [PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 only to: 2 (a) the Receiving Party’s Outside Counsel of Record in this 3 action, as well as employees of said Outside Counsel of Record to whom it is 4 reasonably necessary to disclose the information for this litigation and who have 5 signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as 6 Exhibit A; 7 (b) the court and its personnel; 8 (c) court reporters and their staff, professional jury or trial 9 consultants, mock jurors, and Professional Vendors to whom disclosure is 10 reasonably necessary for this litigation and who have signed the “Acknowledgment 11 and Agreement to Be Bound” (Exhibit A); 12 (d) during their depositions, witnesses in the action to whom 13 disclosure is reasonably necessary and who have signed the “Acknowledgment and 14 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 15 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits 16 to depositions that reveal Protected Material must be separately bound by the court 17 reporter and may not be disclosed to anyone except as permitted under this 18 Stipulated Protective Order. 19 8. THE AUTHOR OR RECIPIENT OF A DOCUMENT CONTAINING 20 THE INFORMATION OR A CUSTODIAN OR OTHER PERSON WHO 21 OTHERWISE POSSESSED OR KNEW THE INFORMATION. PROTECTED 22 MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 23 LITIGATION 24 If a Party is served with a subpoena or a court order issued in other 25 litigation that compels disclosure of any information or items designated in this 26 action as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEY EYES ONLY” 27 “CONFIDENTIAL,” that Party must: 28 /// - 11 [PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 2 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or 4 order to issue in the other litigation that some or all of the material covered by the 5 subpoena or order is subject to this Protective Order. Such notification shall include 6 a copy of this Stipulated Protective Order; and 7 8 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 9 If the Designating Party timely seeks a protective order, the Party 10 served with the subpoena or court order shall not produce any information 11 designated in this action as “CONFIDENTIAL” or “CONFIDENTIAL – 12 ATTORNEY EYES ONLY” before a determination by the court from which the 13 subpoena or order issued, unless the Party has obtained the Designating Party’s 14 permission. The Designating Party shall bear the burden and expense of seeking 15 protection in that court of its confidential material — and nothing in these provisions 16 should be construed as authorizing or encouraging a Receiving Party in this action to 17 disobey a lawful directive from another court. 18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 19 PRODUCED IN THIS LITIGATION 20 (a) The terms of this Order are applicable to confidential information 21 produced by a Non-Party in this action. Such information produced by Non- Parties 22 in connection with this litigation is protected by the remedies and relief provided by 23 this Order. Nothing in these provisions should be construed as prohibiting a Non- 24 Party from seeking additional protections. 25 (b) In the event that a Party is required, by a valid discovery request, 26 to produce a Non-Party’s confidential information in its possession, and the Party is 27 subject to an agreement with the Non-Party not to produce the Non-Party’s 28 confidential information, then the Party shall: - 12 [PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 1. promptly notify in writing the Requesting Party and the 2 Non-Party that some or all of the information requested is subject to a confidentiality 3 agreement with a Non- Party; 4 2. promptly provide the Non-Party with a copy of the 5 Stipulated Protective Order in this litigation, the relevant discovery request(s), and a 6 reasonably specific description of the information requested; and 7 8 3. make the information requested available for inspection by the Non-Party. 9 (c) If the Non-Party fails to object or seek a protective order from 10 this court within 14 days of receiving the notice and accompanying information, the 11 Receiving Party may produce the Non-Party’s confidential information responsive to 12 the discovery request. If the Non-Party timely seeks a protective order, the Receiving 13 Party shall not produce any information in its possession or control that is subject to 14 the confidentiality agreement with the Non-Party before a determination by the 15 court.2 Absent a court order to the contrary, the Non-Party shall bear the burden and 16 expense of seeking protection in this court of its Protected Material. 17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 If a Receiving Party learns that, by inadvertence or otherwise, it has 19 disclosed Protected Material to any person or in any circumstance not authorized 20 under this Stipulated Protective Order, the Receiving Party must immediately (a) 21 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 22 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 23 the person or persons to whom unauthorized disclosures were made of all the terms 24 of this Order, and (d) request such person or persons to execute the 25 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 26 A. 27 2 28 The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a Non-Party and to afford the Non-Party an opportunity to protect its confidentiality interests in this court. - 13 [PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 2 OTHERWISE PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other protection, 5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 7 may be established in an e-discovery order that provides for production without prior 8 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 9 parties reach an agreement on the effect of disclosure of a communication or 10 information covered by the attorney-client privilege or work product protection, the 11 parties may incorporate their agreement in the stipulated protective order submitted 12 to the court. 13 14 15 12. MISCELLANEOUS Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 16 Right to Assert Other Objections. By stipulating to the entry of this 17 Protective Order no Party waives any right it otherwise would have to object to 18 disclosing or producing any information or item on any ground not addressed in this 19 Stipulated Protective Order. Similarly, no Party waives any right to object on any 20 ground to use in evidence of any of the material covered by this Protective Order. 21 Filing Protected Material. Without written permission from the 22 Designating Party or a court order secured after appropriate notice to all interested 23 persons, a Party may not file in the public record in this action any Protected 24 Material. A Party that files papers referring to or relying on Protected Material shall 25 file the Protected Material under Seal. Any such papers that refer to or rely on 26 protected Material shall designate the particular aspects that are confidential to 27 enable the Court, in drafting orders, to determine whether there is evidence which 28 the Court should attempt not to disclose. - 14 [PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 13. FINAL DISPOSITION 2 Within 60 days after the final disposition of this action, as defined in 3 paragraph 4, each Receiving Party must return all Protected Material to the 4 Producing Party or destroy such material. As used in this subdivision, “all Protected 5 Material” includes all copies, abstracts, compilations, summaries, and any other 6 format reproducing or capturing any of the Protected Material. Whether the 7 Protected Material is returned or destroyed, the Receiving Party must submit a 8 written certification to the Producing Party (and, if not the same person or entity, to 9 the Designating Party) by the 60 day deadline that (1) identifies (by category, where 10 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 11 that the Receiving Party has not retained any copies, abstracts, compilations, 12 summaries or any other format reproducing or capturing any of the Protected 13 Material. Notwithstanding this provision, Counsel are entitled to retain an archival 14 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 15 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 16 work product, and consultant and expert work product, even if such materials 17 contain Protected Material. Any such archival copies that contain or constitute 18 Protected Material remain subject to this Protective Order as set forth in paragraph 4. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// - 15 [PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 2 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. DATED: 5/3/2012____ SPECIALE & BURTON, A.P.C. 3 ___/s/______________________________ Steven E. Burton Attorneys for Plaintiff/Counterdefendant Bretta Pollara; Counterdefendant Daniel Reffner; and Counterdefendant Santini Productions 4 5 6 7 8 9 DATED: 5/3/2012____ 10 FOX ROTHSCHILD LLP ___/s/______________________________ David F. Faustman Yesenia M. Gallegos Attorneys for Defendant/Counterclaimant Radiant Logistics, Inc. 11 12 13 14 15 DATED: 5/3/2012_____ 16 17 POSTERNAK, BLANKSTEIN AND LUND LLP ___/s/_____________________________ Richard Bickelman Attorneys for Counterdefendants Oceanair, Inc. 18 19 20 21 22 PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 Dated: May 4, 2012 JOHN E. MCDERMOTT United States Magistrate Judge 24 25 26 27 28 - 16 [PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, __________________________________ [print or type full name], 4 of ______________________ [print or type full address], declare under penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective Order 6 that was issued by the United States District Court for the Central District of 7 California on __________[date] in the case of Pollara v. Radiant Logistics, Inc., 8 Case No. CV12344 GAF (JEM). I agree to comply with and to be bound by all the 9 terms of this Stipulated Protective Order and I understand and acknowledge that 10 failure to so comply could expose me to sanctions and punishment in the nature of 11 contempt. I solemnly promise that I will not disclose in any manner any information 12 or item that is subject to this Stipulated Protective Order to any person or entity 13 except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District 15 Court for the Central District of California for the purpose of enforcing the terms of 16 this Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. 18 I hereby appoint ________________________ [print or type full name] 19 of _________________________________ [print or type full address and telephone 20 number] as my California agent for service of process in connection with this action 21 or any proceedings related to enforcement of this Stipulated Protective Order. 22 Date: 23 24 City and State where signed: 25 Printed name: 26 27 [printed name] Signature: [signature] 28 - 17 [PROPOSED] STIPULATED PROTECTIVE ORDER LA1 212446v1 04/13/12

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