Lewis Rudzki v. Horizon Group USA Inc et al, No. 2:2012cv07121 - Document 52 (C.D. Cal. 2013)
Court Description: ORDER GRANTING PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order 49 : Note Changes Made by Court: (see attached) (jm)
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Lewis Rudzki v. Horizon Group USA Inc et al Doc. 52 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 LEWIS RUDZKI d/b/a DESIGN OUR ) ) OWN, Plaintiff, ) 11 ) vs. ) 12 ) ) 13 HORIZON GROUP USA, INC. and DOES 1-20, ) Defendant. ) 14 ) ) 15 Case No. CV12-7121 BRO (FFMx) [Complaint filed August 17, 2012] [PROPOSED] ORDER GRANTING PROTECTIVE ORDER Note Changes Made by Court Upon stipulation of the parties for a protection order pursuant to Fed. R. Civ. 16 17 P. 26(c) governing the disclosure during pretrial discovery and the subsequent 18 handling of trade secret information, proprietary information, other confidential 19 commercial financial or personal information, and documents containing any such 20 information (hereinafter collectively referred to as “CONFIDENTIAL 21 INFORMATION”), 22 IT IS HEREBY ORDERED THAT: 1. 23 Framework and scope of order. (a) 24 Absent further Court order, this Protective Order governs all 25 discovery in this action, court filings, and all material or information which a 26 producing party has designated as confidential in this action; 27 / / / 28 / / / USDC Case No. CV12-7121 BRO (FFMx) cv12-7121 rudzki prot order.wpd [2209.1] 1 [PROPOSED] ORDER GRANTING PROTECTIVE ORDER Dockets.Justia.com 1 (b) All material or information designated as confidential in this 2 action, whether in documents, depositions, or otherwise, will be used solely for the 3 purposes of this action and not for any other purpose, including any business purpose, 4 and will not be used or disclosed outside the context of this action, unless compelled 5 by court order or other governmental action; however, the parties contemplate a 6 separate agreement regarding the use of such material in any action with which this 7 action may be consolidated, or in any action involving related claims or defenses, so 8 as to minimize or eliminate duplicative discovery; (c) 9 Any person receiving confidential material shall not disclose that 10 material to any person, except a person authorized to receive the material pursuant to 11 this Protective Order, and shall make such disclosure only in strict compliance with 12 this Protective Order; (d) 13 Any person providing its confidential material retains the right to 14 disclose the material by waiving the restrictions in this Protective Order for a 15 particular purpose or use; and (e) 16 Any request for protection for Confidential material or 17 information shall not be disclosed in any hearing or trial which is open to the public 18 shall be raised before the hearing or trial with the judicial officer conducting the 19 same beyond the provisions of this Protective Order or any amendment thereto. 20 (FFM) 21 2. Definition of Confidential Material. This Protective Order shall 22 govern, and shall be applied on a narrowly-tailored basis to protect, only documents, 23 materials, items or information that materially consist of information that is entitled 24 to confidential treatment under existing United States or California law (hereinafter 25 "confidential material"), such as trade secrets defined by California Civil Code 26 § 3426.1, financial information, personal information implicated or protected by 27 privacy and/or due process rights created by the First and Fourteenth Amendments to 28 the United States Constitution, article I, section 1 of the California Constitution, or USDC Case No. CV12-7121 BRO (FFMx) cv12-7121 rudzki prot order.wpd [2209.1] 2 [PROPOSED] ORDER GRANTING PROTECTIVE ORDER 1 information submitted to a governmental office but subject to a statute, regulation, or 2 public policy of confidentiality. For the purpose of this Protective Order, 3 "confidential material" means any information of any kind which is designated as 4 confidential in the manner specified in this Protective Order by the party supplying 5 the information, including persons or entities who are not parties to this action, and 6 all copies of such designated material. Confidential material may be contained in 7 documents produced, testimony in depositions, exhibits, interrogatory answers, 8 responses to requests for admissions, briefs, or otherwise. Confidential material under 9 this Protective Order consists of two categories, "Confidential Information," and 10 "Attorneys Only Information." Any materials which reproduce, paraphrase, 11 summarize, or otherwise contain confidential material are also confidential in the same 12 category as the original material. "Attorneys Only Information" is information which, 13 if disclosed to the receiving party, might cause competitive or other harm to the 14 designating party or provide unfair advantage to the receiving party, including, but not 15 limited to, technical and/or research and development data, personal or private 16 information of a confidential and/or proprietary nature, such as social security 17 numbers, bank account information and the like, intellectual property, financial, 18 marketing and other sales data, and/or information having strategic commercial value 19 pertaining to the designating party's trade or business. The designation of "Attorneys 20 Only Information" is intended to apply only to information that is not adequately 21 protected by a "Confidential" designation because the receiving party could 22 reasonably gain an unfair competitive advantage from the use of such information. 23 Before designating any specific information "Attorneys Only Information," the 24 designating party's counsel shall make a good faith determination that the information 25 warrants such protection. 26 3. Authorized Persons. Except for the rights retained in paragraph 1(d) 27 above, access to Confidential Information is restricted to the following authorized 28 persons, and access to Attorneys Only Information is restricted to the persons USDC Case No. CV12-7121 BRO (FFMx) cv12-7121 rudzki prot order.wpd [2209.1] 3 [PROPOSED] ORDER GRANTING PROTECTIVE ORDER 1 described in this Paragraph 3, subdivisions 3(a) and 3(c)-(f), inclusive: 2 (a) Attorneys of record (including attorneys designated in pleadings 3 as "of counsel") in this lawsuit and employees of such attorneys to whom it is 4 necessary that the material be shown for purposes of this litigation; (b) 5 The individual parties and as to corporate parties the managing 6 agents who are involved in this lawsuit; (c) 7 Independent persons retained by a party or its attorneys of record 8 in this action to assist in this action (such as independent experts, economists, 9 accountants, expert witnesses and other consultants, copy services, process servers, 10 attorney services, and the necessarily involved employees of such persons); 11 (d) This Court and its employees; 12 (e) Court reporters transcribing testimony taken in this action and 13 notarizing officers; and (f) 14 As to any document containing confidential material, the person 15 who generated the material or authored the document or was an addressee of the 16 document or received a copy of the document at the direction of, and with the consent 17 of, the disclosing party, is an authorized person with respect to that document in the 18 context of deposition testimony or interrogatories addressed to that party. 19 4. Designating Confidential Material. Each document which contains 20 confidential material in the "Attorneys Only Information" category shall be 21 prominently marked with the designation “Attorneys Only Information” or a similar 22 designation. All other documents containing confidential material shall be marked 23 prominently “Confidential Information” or “Confidential”. The markings apply to 24 documents produced, exhibits, discovery requests and responses, motion papers, and 25 all other documents which reproduce, paraphrase, summarize, or otherwise contain 26 confidential material. 27 5. Depositions. Counsel for any party or for a witness may orally on the 28 record designate deposition testimony or exhibits as confidential material during the USDC Case No. CV12-7121 BRO (FFMx) cv12-7121 rudzki prot order.wpd [2209.1] 4 [PROPOSED] ORDER GRANTING PROTECTIVE ORDER 1 course of a deposition. All depositions shall be treated in their entirety as Attorneys 2 Only Information for a period of 21 days after receipt of the transcript. During that 3 21-day period, counsel for any party or for a witness may designate portions of the 4 deposition as Attorneys Only Information or Confidential Information by listing the 5 page and lines of those portions so considered and advising all counsel of record of 6 that designation. Any deposition exhibit or testimony portion so designated shall not 7 be filed with the court except in accordance with paragraph 6 of this Protective Order. 8 6. Filing Confidential Material With the Court. Any party seeking to file 9 documents under seal with the court shall comply with the provisions of Local Rule 10 79-5.1. 11 7. Authorized Person Acknowledgment. Before disclosing confidential 12 material to any authorized person, except to an attorney of record, this Court and its 13 employees or the Court reporters transcribing testimony taken in this action and 14 notarizing officers, counsel for the party making such disclosure shall provide each 15 such person with a copy of this Protective Order, shall advise each such person not to 16 disclose any Attorneys Only Information or Confidential Information material to any 17 other person and that violation of this Protective Order will subject such person to the 18 sanctions of this Court, and each such person shall agree in writing to comply with the 19 terms of this Protective Order in the form of Exhibit A to this Protective Order. For 20 example, a court reporter must sign such an acknowledgment before taking a 21 deposition. The original acknowledgments shall be maintained by the attorney for the 22 party who designated such person. 23 8. Discovery From Third Parties. When documents, testimony, or other 24 material is sought in discovery in this action from a person (including any business 25 entity) who is not a party, any party who has a claim of confidentiality may designate 26 certain documents or a category of documents, and certain testimony, as Attorneys 27 Only Information or Confidential Information under this Protective Order, and the 28 person from whom discovery is sought may similarly make such a designation. USDC Case No. CV12-7121 BRO (FFMx) cv12-7121 rudzki prot order.wpd [2209.1] 5 [PROPOSED] ORDER GRANTING PROTECTIVE ORDER 1 Documents and material so designated shall be treated under the provisions of this 2 Protective Order. Any and all documents produced in response to a third-party or 3 non-party subpoena issued by one party shall be provided to the other party for review 4 and designation of either “Confidential Information” or “Attorneys Only 5 Information.” 6 9. Protection of Confidential Material. No copies of any confidential 7 material shall be made except to the extent necessary for this lawsuit. All copies of 8 confidential material shall be kept in secure areas at the offices of outside counsel or 9 persons of the kind described in paragraph 3 or in the personal custody and control of 10 such persons. 11 10. Customer Contact. The identity and contact information of the 12 customers of the parties to this action are and shall remain confidential. No party shall 13 initiate contact with the customers of any other party in reliance on any identification 14 or contact information produced in this action, except for the narrow purposes of this 15 litigation or service of process. 16 11. Client Consultation. Nothing in this Protective Order shall prevent or 17 otherwise restrict counsel from rendering advice to their clients and, in the course 18 thereof, relying generally on examination of stamped confidential documents; 19 provided, however, that in rendering such advice and otherwise communicating with 20 such client, counsel shall not make specific disclosure of any item so designated 21 unless permitted hereunder, agreed upon by the parties or authorized by the Court. 22 12. Challenging a Designation. Any party may challenge at any time the 23 propriety of a designation of material as Attorneys Only Information or Confidential 24 Information. Before such a challenge is made, the parties shall attempt to resolve the 25 dispute in good faith on an informal basis. If the dispute cannot be resolved on an 26 informal basis, any challenge to the propriety of a designation shall be made pursuant 27 to the provisions of Local Rule 37. In making or opposing any motion relating to the 28 designation of confidential information, the party seeking to maintain a document as USDC Case No. CV12-7121 BRO (FFMx) cv12-7121 rudzki prot order.wpd [2209.1] 6 [PROPOSED] ORDER GRANTING PROTECTIVE ORDER 1 confidential shall bear the burden of showing that specific prejudice or harm will 2 result if no protective order is granted. 3 13. No Admission. The designation by a disclosing party of material as 4 Attorneys Only Information or Confidential Information is intended solely to facilitate 5 the preparation and trial of this action. Such designation is not an admission by any 6 party that the designated disclosure constitutes or contains any confidential material. 7 Disclosure of confidential material is not a waiver of any right of the producing party 8 to object to admissibility. 9 14. Conclusion of Action. Upon the final determination of this action, all 10 documents, transcripts of testimony, discovery responses, and other papers subject to 11 the provisions of this Protective Order which the Court deemed confidential material 12 for good cause prior to the commencement of trial, shall be delivered by counsel for 13 the receiving party to counsel for the producing party or it shall be destroyed, and 14 counsel for the receiving party shall certify in writing to the producing party that all 15 such documents have been destroyed. All copies of summaries, memoranda and notes 16 reflecting the contents or substance of such documents shall either be delivered or 17 destroyed as described above. The provisions of this Protective 18 Order or any other order entered in this action restricting the disclosure or use of 19 confidential material shall continue to be binding at the conclusion of this action. 20 15. Third Party Subpoena or Order. If a party to whom Confidential or 21 Confidential Attorney’s Eyes Only material has been produced is subpoenaed or 22 ordered by another court or administrative agency to produce information that 23 is subject to this protective order, such party shall notify promptly the party who 24 produced the material of the pending subpoena or order. It is the producing 25 party’s responsibility to take whatever action it deems appropriate to challenge 26 the subpoena or order in the issuing court or agency. The party subject to the 27 subpoena or order shall not produce any Confidential or Confidential Attorney’s 28 Eyes Only materials in advance of the date required by the subpoena or order. USDC Case No. CV12-7121 BRO (FFMx) cv12-7121 rudzki prot order.wpd [2209.1] 7 [PROPOSED] ORDER GRANTING PROTECTIVE ORDER 1 Nothing herein shall be construed as relieving anyone subject to this order from 2 any obligation to comply with a validly issued subpoena or order. (FFM) 3 IT IS SO ORDERED. 4 5 Dated: September 16, 2013 6 By: /S/ FREDERICK F. MUMM FREDERICK F. MUMM United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 USDC Case No. CV12-7121 ABC (FFMx) cv12-7121 rudzki prot order.wpd [2174.1] 8 PROOF OF SERVICE
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