Ari Friedman v. LAC Baketball Club Inc
Filing
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STIPULATED ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL MATERIALS by Magistrate Judge Arthur Nakazato re Stipulation 28 . (ts)
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MANATT+YHELPS & PHILLIPS~ LLP
ROBERT 11. PLATT (SBN 10853J)
E-mail: RPlatt@manatt.com
ADRIANNE E:-MARSHACK (SBN 253682)
E-mail: AMarshack@manatt.com
11355 West O!ym~iCBoulevard
Los Angeles, CA ~0064-1614
Telephone: (310) 312-4000
Facsimile: (310) 312-4224
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Attorneys for Defendant
LAC BASKETBALL CLUB, INC.
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FILED - SOUTHERN DIVISION
CI_ERI<, U.S. DISTRICT COURT
~UG 13-~~~]
CENTRAL DISTRICT OF CALIFORNIA
BY
DEPUTY
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LAW OFFICES OF TODD M. FRIEDMAN, PC
Todd M. Friedman, Esq. (SBN: 216752)
E-mail: tfriedman@attomeysforconsumers.com
369 South Doheny Drive, Suite 415
Beverly Hills, CA 90211
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
Attorneys for Plaintiff
ARI FRIEDMAN
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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ARI FRIEDMAN, INDIVIDUALLY
AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED,
Plaintiff,
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vs.
No. CV13-00818 CBM (ANx)
CLASS ACTION--DISCOVERY
STIPULATED ORDER
GOVERNING THE DESIGNATION
AND HANDLING OF
CONFIDENTIAL MATERIALS
LAC BASKETBALL CLUB, INC.,
Defendant.
Honorable Consuelo B. Marshall,
Courtroom2
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27 _ _ _ _ _ _ _ _ _ _ _ _ ___] Complaint filed: November 15, 2012
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MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS A:r LAW
LOS ANGEI.F.S
STIPULATED ORDER GOVERNING
CONFIDENTIAL MATERIALS
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The parties to this action, through their counsel of record, have stipulated and
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agreed that an order under Federal Rule of Civil Procedure 26(c) is necessary and
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useful to protect the confidentiality of documents and other information obtained in
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the course of discovery in this action, and have stipulated and agreed to be bound
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by the terms of this Order Governing the Designation and Handling of Confidential
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Materials ("Confidentiality Order").
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The materials to be exchanged in the course of this litigation may contain
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confidential information including but not limited to trade secret or other
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confidential research, marketing, financial or other commercial information. The
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purpose of this Confidentiality Order is to protect the confidentiality of such
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materials during the litigation.
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DEFINITIONS
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The term "Confidential Information" shall mean and include any
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information disclosed in this litigation, regardless of the medium or manner in
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which it is generated, stored, maintained, or produced (including, among other
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things, testimony, transcripts, documents and other tangible things), which is
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deemed by a party to this case to constitute trade secret, proprietary, or sensitive
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information, including but not limited to financial data, research and development
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information; customer and supplier information; company personnel information;
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marketing strategies and information; strategic business information (including but
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not limited to business plans, forecasts, cost information, or logistical information);
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and any other information that affords the producing party in this litigation an
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actual or potential economic advantage over others.
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2.
The term "Outside Counsel" shall mean outside counsel of record, and
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other attorneys, paralegals, secretaries, and other support staff employed in the
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following law firms: Manatt, Phelps & Phillips, LLP and Law Offices of Todd M.
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Friedman, PC.
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3.
MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAW
LOS ANGELES
The term "Designating Party" shall mean a party that designates
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STIPULATED ORDER GOVERNING
CONFIDENTIAL MATERIALS
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information as Confidential Information.
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DESIGNATION
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Each party to this litigation may designate information as
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"CONFIDENTIAL" or "CONFIDENTIAL - FOR COUNSEL ONLY" if, in the
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good faith belief of such party and its counsel, the materials fall within the
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Confidential Information definition herein and the disclosure of such information
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(including, in the case of "CONFIDENTIAL - FOR COUNSEL ONLY," disclosure
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to anyone other than Outside Counsel) could be prejudicial to the business or
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operations of such party, or would violate court orders and/or confidentiality
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restrictions involving parties not involved in this litigation. A Designating Party
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must take care to designate for protection only those part s of documents that
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qualify, so that other portions of documents for which protection is not warranted
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are not designated as "CONFIDENTIAL" or "CONFIDENTIAL - FOR COUNSEL
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ONLY."
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5.
To designate as "CONFIDENTIAL" or "CONFIDENTIAL- FOR
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COUNSEL ONLY," the producing party must mark each page of the document
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with the appropriate designation before producing it However, for documents
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produced by another party or a non-party, or court transcripts, or any documents
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produced prior to entry of this Confidentiality Order, a party can assert
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confidentiality through correspondence to all other parties that specifically
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identifies each document that will receive a confidentiality designation.
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6.
Deposition testimony and/or deposition exhibits shall be designated on
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the record during the deposition whenever possible. A party may also designate
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such testimony and exhibits after transcription of the proceedings; a party shall
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have until twenty (20) days after receipt of the deposition transcript to inform the
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other party or parties of the portions of the transcript so designated.
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MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAW
Los ANGELES
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The disclosing party shall have the right to exclude from attendance at
said deposition, during such time as the Confidential Information is to be disclosed,
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STIPULATED ORDER GOVERNING
CONFIDENTIAL MATERIALS
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any person other than the deponent, Outside Counsel (including their staff and
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associates), the court reporter, the videographer, and the person(s) agreed upon
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pursuant to paragraph 10 below.
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8.
Designation of Confidential Information as "CONFIDENTIAL" or
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"CONFIDENTIAL - FOR COUNSEL ONLY" shall extend to all copies, excerpts,
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data, summaries, and compilations derived from such Confidential Information, as
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well as any testimony, conversations, or presentations by the parties hereto or their
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counsel that discloses such Confidential Information.
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If a party, through inadvertence, produces any Confidential
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Information without designating it in accordance with this Confidentiality Order,
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the designating party may give written notice to the receiving party[ies] that the
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information produced is deemed "CONFIDENTIAL" or "CONFIDENTIAL - FOR
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COUNSEL ONLY" and should be treated in accordance with that designation
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under this Confidentiality Order. Upon receipt of such notice, the receiving party
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must treat the Confidential Information as designated hereunder. If the receiving
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party has already in good faith disclosed the information before receiving such
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notice, the receiving party shall have no liability for such good faith disclosure, but
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shall notify the designating party in writing of each such disclosure. Counsel for
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the parties shall agree on a mutually acceptable manner oflabeling or marking the
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inadvertently produced materials as "CONFIDENTIAL" or "CONFIDENTIAL -
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FOR COUNSEL ONLY."
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ACCESS AND USE OF PROTECTED MATERIAL
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All Confidential Information designated as "CONFIDENTIAL" or
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"CONFIDENTIAL - FOR COUNSEL ONLY" shall not be disclosed by the
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receiving party to anyone other than those persons designated herein and shall be
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used solely in connection with this litigation, and not for any other purpose,
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including any business or competitive purpose or function.
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MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAW
Los ANGELES
11.
Information designated "CONFIDENTIAL - FOR COUNSEL ONLY"
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STIPULATED ORDER GOVERNING
CONFIDENTIAL MATERIALS
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shall be viewed only by (a) Outside Counsel; (b) in-house counsel; (c) outside
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experts or consultants retained for purposes of this litigation, in accordance with the
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provisions of paragraph 12; (d) court reporters and videographers in connection
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with transcribing or recording a deposition or hearing; (e) the Court and its
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personnel; and (f) the jury.
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12.
Information designated "CONFIDENTIAL" shall be viewed only by
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those persons designated in paragraph 11 above, and by the parties (or employees
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thereof), provided each such party or employee of a party has read this
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Confidentiality Order in advance of disclosure and has agreed in writing, by
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executing an Acknowledgment in the form attached hereto as Exhibit "A," to be
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bound by its terms.
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The right of any expert or consultant to receive any information
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designated "CONFIDENTIAL" or "CONFIDENTIAL- FOR COUNSEL ONLY"
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shall be conditioned on the expert's prior execution of an Acknowledgment in the
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form attached hereto as Exhibit "A." Notwithstanding the foregoing, any expert or
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consultant who works for a competitor of the producing party may not receive
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Confidential Information of that party.
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14.
Nothing herein shall prohibit a party, or its counsel, from disclosing a
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document designated "CONFIDENTIAL" or "CONFIDENTIAL - FOR
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COUNSEL ONLY" to any person indicated on the face of the document to be its
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originator, author or recipient.
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Each person receiving Confidential Information designated hereunder
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shall maintain it in a manner which ensures that access is limited to persons entitled
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to receive it under this Confidentiality Order. If such Confidential Information is
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disclosed to any person other than a person authorized by this Confidentiality
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Order, the party responsible for the unauthorized disclosure must immediately bring
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all pertinent facts relating to the unauthorized disclosure to the attention of the other
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parties and, without prejudice to any rights and remedies of the other parties, make
MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAW
Los ANGELES
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STIPULATED ORDER GOVERNING
CONFIDENTIAL MATERIALS
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every effort to prevent further disclosure by the party and by the person(s) receiving
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the unauthorized disclosure.
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CHALLENGING DESIGNATION
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At any stage of these proceedings, any party may object to a
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designation of information as "CONFIDENTIAL" or "CONFIDENTIAL - FOR
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COUNSEL ONLY." The party objecting to confidentiality shall notify counsel for
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the designating party in writing of the objected-to materials and the grounds for the
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objection. The parties shall first make a good faith effort to resolve the objection
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informally. If the dispute is not resolved within ten (1 0) business days of receipt of
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such a notice of objections, the objecting party may file a motion with the Court.
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Until the Court rules on the motion (or the matter is resolved between the parties),
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the materials at issue shall be treated as Confidential Information as designated by
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the designating party.
FILING UNDER SEAL
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Any party seeking to file with the Court any documents or other
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evidentiary material designated as "CONFIDENTIAL" or "CONFIDENTIAL-
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FOR COUNSEL ONLY" shall seek permission of the Court to file such documents
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or other material under seal in accordance with Local Rule 79-5.1. A motion to file
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under seal shall be served on all parties, and the documents or other materials in
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question shall be lodged with the Court conditionally under seal.
ADDITIONAL PROVISIONS
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18.
Nothing herein shall prejudice the right of any party to object to the
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production of any discovery material on the grounds permitted by the Federal Rules
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of Civil Procedure, including that the material is protected as attorney-client
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privileged or attorney work product.
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19.
Nothing herein shall be construed to prevent disclosure of Confidential
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Information designated hereunder if such disclosure is required by law or by order
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of the Court. In the event that such disclosure is required, the party or other person
MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAW
Los ANGELES
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STIPULATED ORDER GOVERNING
CONFIDENTIAL MATERIALS
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who is obligated to disclose shall promptly upon receipt of the order or other
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process requiring the disclosure notify the party who designated the Confidential
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Information.
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Upon final termination of this action, including any and all appeals,
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counsel for each party shall, upon request of the producing party, return all
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Confidential Information to the party that produced the information, including any
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copies, excerpts, and summaries thereof, or shall destroy same at the option of the
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receiving party, and shall purge all such information from all machine-readable
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media on which it resides. Notwithstanding the foregoing, counsel for each party
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may retain all pleadings, briefs, memoranda, motions, and other documents filed
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with the Court that refer to or incorporate Confidential Information, and will
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continue to be bound by this Confidentiality Order with respect to all such retained
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information. Further, attorney work product materials that contain Confidential
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Information need not be destroyed or returned, but, if they are not destroyed, the
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person in possession of the attorney work product will continue to be bound by this
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Confidentiality Order with respect to all such retained information.
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The restrictions and obligations set forth herein shall not apply to any
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information that: (a) the parties agree should not be designated Confidential
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Information; (b) is already public knowledge; (c) has become public knowledge
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other than as a result of disclosure by the receiving party, its employees, or its
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agents in violation of this Confidentiality Order; or (d) has come or shall come into
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the receiving party's knowledge lawfully and independently of the production by
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the designating party.
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All provisions of this Confidentiality Order shall survive the
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conclusion of this action, and shall continue to be binding after the conclusion of
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this action unless subsequently modified by agreement of the parties or further
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order of this Court. For the purposes of enforcing this Confidentiality Order and
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resolving any disputes thereunder, the Court retains jurisdiction over the parties and
MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAW
LOS ANGF.LES
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STIPULATED ORDER GOVERNING
CONFIDENTIAL MATERIALS
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all persons provided access to Confidential Information under the terms of this
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Confidentiality Order.
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All persons bound by this Confidentiality Order are hereby notified
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that if this Confidentiality Order is violated in any manner, all persons and entities
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who commit such violations are subject to any and all monetary and other sanctions
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as the Court, after a hearing, deems to be just.
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The Court may modify the terms and conditions of this Confidentiality
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Order for good cause, or in the interest of justice, or on its own order at any time in
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these proceedings. Additionally, this Confidentiality Order may be modified by
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agreement of the parties, subject to approval by the Court.
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The terms and provisions of this Confidentiality Order, and
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designation of any Confidential Information hereunder, shall also apply to and bind
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any party who appears in this action subsequent to the entry of this Confidentiality
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Order.
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The terms and provisions of this Confidentiality Order shall be binding
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on the parties as a confidentiality agreement regardless of whether the Court
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ultimately enters it as an Order.
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IT IS SO STIPULATED.
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MANATT, PHELPS &
PHILLIPS, LLP
ATTORNHS AT LAW
LOS ANGELES
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STIPULATED ORDER GOVERNING
CONFIDENTIAL MATERIALS
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Dated:
August 13, 2013
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MANATTh PHELPS & PHILLIPS, LLP
Robert H. rlatt
Adrianne E. Marshack
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By: Is/ Adrianne E. Marshack
Adrianne E. Marshack
Attorneys for Defendant
LAC BASKETBALL CLUB, INC.
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August 13, 2013
Date:
LAW OFFICES OF TODD M.
FRIEDMAN, P.C.
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By: Is/ Todd M. Friedman
Todd M. Friedman
Attorn~ys for Plaintiff
ARI FRIEDMAN
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SIGNATURE CERTIFICATION
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Pursuant to Section 2(f)(4) of the Electronic Filing Administrative Polices
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and Procedures Manual, I hereby certify that the content of this document is
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acceptable to Todd M. Friedman, Esq., counsel for Plaintiff, and that I have
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obtained Mr. Friedman's authorization to affix his electronic signature to this
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document.
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Dated:
August 7, 2013
MANATTf..PHELPS & PHILLIPS, LLP
Robert H. rlatt
Adrianne E. Marshack
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By: Is/ Adrianne E. Marshack
Adrianne E. Marshack
Attorneys for Defendant
LAC BASKETBALL CLUB, INC.
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MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAW
LOS ANGELF.S
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STIPULATED ORDER GOVERNING
CONFIDENTIAL MATERIALS
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ORDER
For good cause shown, the Court GRANTS the parties' Stipulated
Order Governing the Designation and Handling of Confidential Materials.
IT IS SO ORDERED.
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Dated: August 13, 2013
The Honorable Arthur akaza
United States Magistrat~w;;us~
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MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAW
LoS ANGEI.f.S
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STIPULATED ORDER GOVERNING
CONFIDENTIAL MATERIALS
EXHIBIT A
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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ARI FRIEDMAN, INDIVIDUALLY
AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED,
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No. CV13-00818 CBM (ANx)
Plaintiff,
AGREEMENT TO BE BOUND BY
CONFIDENTIALITY ORDER
vs.
LAC BASKETBALL CLUB, INC.,
Defendant.
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MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAW
LOS ANGELES
STIPULATED ORDER GOVERNING
CONFIDENTIAL MATERIALS
I, _ _ _ _ _ _ _ _ _ _ _ , declare and say that:
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I am employed as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ by
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I have read and understood the Order Governing the Designation and
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Handling of Confidential Materials ("Confidentiality Order") entered in the above-
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entitled cases, and have received a copy of the Confidentiality Order.
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3.
I promise that I will use any and all "Confidential" or "Confidential-
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For Counsel Only" information, as defined in the Confidentiality Order, given to
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me only in a manner authorized by the Confidentiality Order, and only to assist
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Outside Counsel in the litigation of this matter.
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I promise that I will not disclose or discuss such "Confidential" or
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"Confidential- For Counsel Only" information with anyone other than the persons
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with whom I am permitted to discuss such information, as designated, under the
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terms of the Confidentiality Order.
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5.
I acknowledge that, by signing this agreement, I am subjecting myself
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to the jurisdiction of the United States District Court for the Central District of
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California, and all courts in which appeals may be filed in these actions, with
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respect to enforcement of the Confidentiality Order.
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6.
I understand that any disclosure or use of"Confidential" or
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"Confidential- For Counsel Only" information in any manner contrary to the
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provisions of the Confidentiality Order may subject me to sanctions for contempt of
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court.
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I declare under penalty of perjury under the laws of the United States
of America that the foregoing is true and correct.
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Dated:
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MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAW
Los ANGELES
309836658
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STIPULATED ORDER GOVERNING
CONFIDENTIAL MATERIALS
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