In re Cosimo Borrelli and G Jacqueline Fangonil Walsh, joint and several liquidators of Galleria (Hong Kong) Limited (in compulsory liquidation), No. 2:2013mc00140 - Document 13 (C.D. Cal. 2013)
Court Description: ORDER GRANTING STIPULATION AND AGREED PROTECTIVE ORDER by Magistrate Judge Carla Woehrle. **NOTE CHANGES MADE BY THE COURT Stipulation for Protective Order. (11) (SEE ORDER FOR FURTHER DETAILS) (gr)
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In re Cosimo Borrelli and G Jacqueline Fangonil Walsh, joint and...mited (in compulsory liquidation) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Doc. 13 STROOCK & STROOCK & LAVAN LLP DANIEL A. ROZANSKY (State Bar No. 161647) drozansky@stroock.com 2029 Century Park East Los Angeles, CA 90067-3086 Telephone: 310-556-5800 Facsimile: 310-556-5959 Email: lacalendar@stroock.com Attorneys for COSIMO BORRELLI and G. JACQUELINE FANGONIL WALSH, JOINT AND SEVERAL LIQUIDATORS OF GALLERIA (HONG KONG) LIMITED (IN COMPULSORY LIQUIDATION) MCKOOL SMITH HENNIGAN, P.C. KIRK D. DILLMAN (State Bar No. 110486) 865 South Figueroa Street, Suite 2900 Los Angeles, California 90017 Telephone: (213) 694-1200 Facsimile: (213) 694-1234 Attorneys for DBS BANK LIMITED, LOS ANGELES AGENCY 15 UNITED STATES DISTRICT COURT 16 CENTRAL DISTRICT OF CALIFORNIA 17 18 19 20 21 22 23 24 25 26 27 IN RE EX PARTE APPLICATION OF ) COSIMO BORRELLI and G. ) JACQUELINE FANGONIL WALSH, ) JOINT AND SEVERAL ) LIQUIDATORS OF GALLERIA ) (HONG KONG) LIMITED (IN ) COMPULSORY LIQUIDATION), FOR ) JUDICIAL ASSISTANCE PURSUANT ) TO 28 U.S.C. § 1782, ) ) Applicants. ) ) ) ) ) Case No. 2:13 MC 140 ORDER GRANTING STIPULATION AND AGREED PROTECTIVE ORDER NOTE CHANGES MADE BY THE COURT 28 NY 74827624 Dockets.Justia.com 1 [PROPOSED] ORDER 2 Upon the Stipulation among Cosimo Borrelli and G. Jacqueline Fangonil 3 Walsh, in their capacity as Joint and Several Liquidators (in such capacity, the 4 “Liquidators”) of Galleria (Hong Kong) Limited (In Compulsory Liquidation) 5 (“GHK”), and DBS Bank Limited, Los Angeles Agency (“DBS LA”), by and 6 through their respective undersigned counsel, dated October 30, 2013, and good 7 cause appearing therefore, 8 IT IS SO ORDERED THAT: 9 1. This Order shall govern the disclosure and use by the parties of all 10 documents, testimony, exhibits, electronically stored information (“ESI”), and any 11 other materials and information produced or provided by the DBS LA (collectively, 12 the “Discovery Materials”) in response to subpoenas served by the Liquidators in the 13 above-captioned case (the “Case”). 14 2. All Discovery Materials produced or disclosed in connection with this 15 Case shall be used solely for the purpose of assisting the Liquidators in performing 16 their legal obligations as Liquidators pursuant to the Order of the High Court of the 17 Hong Kong Special Administrative Region on July 23, 2010 in connection with the 18 investigation of GHK’s assets, affairs, rights, obligations or liabilities, and the 19 identification and realization of all assets and claims of GHK (collectively, “GHK 20 Proceedings”). 21 3. DBS LA may, subject to the provisions of this Order, designate as 22 “Confidential” any Discovery Materials that DBS LA in good faith believes 23 contains any competitively sensitive or proprietary information, such as trade 24 secrets, financial, or other commercial information of a non-public nature, 25 information protected by the right or privacy and/or any applicable privilege, or any 26 other sensitive information which may be subject to a protective order under Fed. R. 27 Civ. P. 26(c)(1). 28 -1– NY 74827624 1 4. Discovery Materials designated “Confidential” shall be referred to Discovery Material shall be effective unless there is placed or affixed on each page 4 of such material (in such manner as will not interfere with the legibility thereof) a 5 “CONFIDENTIAL” notice or the equivalent, or, in the case of depositions, as set 6 forth in paragraph 6 below. ESI designated “Confidential” shall be so designated by 7 including such notice in the body of the electronic document or by affixing a stamp 8 with such notice on the medium (including but not limited to tapes, CDs, DVDs, 9 2029 Century Park East Los Angeles, California 90067-3086 herein as “Confidential Discovery Material.” No designation of Confidential 3 STROOCK & STROOCK & LAVAN LLP 2 hard drives and flash drives) on which the electronic data is stored before copies are 10 delivered to the Liquidators. Print-outs or production onto a reviewable electronic 11 platform of any such ESI designated as Confidential Discovery Material shall also 12 be treated as Confidential Discovery Material in accordance with the terms of this 13 Order, and when printing out or producing the Confidential Discovery Material the 14 Liquidators shall mark the data in its reproduced format in accordance with this 15 paragraph 4. 16 5. The designation of any Discovery Materials as Confidential is not 17 intended to and shall not be construed as an admission that such Discovery Material 18 is relevant, not subject to an applicable privilege or protection, admissible, or 19 reasonably calculated to lead to the discovery of admissible evidence. 20 6. DBS LA may, on the record of a deposition, or within ten calendar days 21 after receipt of the transcript of such deposition, designate any portion or portions of 22 the deposition as “Confidential” under the terms of this Order. Until such time 23 period expires without any such designation having been made, the entire deposition 24 transcript shall be treated as “Confidential” unless otherwise specified in writing or 25 on the record of the deposition by DBS LA. All copies of deposition transcripts that 26 contain material designated as Confidential Discovery Material shall be prominently 27 marked “Confidential” on the cover thereof. Objections to the designation of 28 Confidential Discovery Material under this paragraph shall be governed by the procedure set forth in paragraph 11 below. - 2NY 74827624 1 7. Except upon the prior written consent of DBS LA or order of the Court, 2 the Liquidators shall not disclose, summarize or otherwise make available to anyone 3 the Confidential Discovery Material except to the following persons: 4 5 a) tribunal personnel in GHK Proceedings; 6 7 b) 2029 Century Park East Los Angeles, California 90067-3086 STROOCK & STROOCK & LAVAN LLP c) professional court reporters, stenographers, or video operators transcribing depositions or testimony in this Case or GHK Proceedings; 10 11 the Liquidators’ counsel participating in GHK Proceedings and their legal, clerical, or support staff, including temporary or contract staff; 8 9 the Court and Court personnel in this Case and other tribunals and d) persons who are indicated to have been authors or recipients of the Confidential Discovery Material; 12 e) counsel for parties who have appeared in GHK Proceedings; 13 f) expert witnesses or consultants who are employed or retained by 14 the Liquidators in connection with GHK Proceedings; 15 g) deponents and witnesses or prospective witnesses (and counsel 16 for such witnesses) to the extent reasonably necessary in connection with their 17 testimony in this Case or other GHK Proceedings; and 18 h) outside photocopying, data processing, graphic production 19 services, litigation support services, or investigators employed by the parties or 20 their counsel to assist in this Case or GHK Proceedings, and computer 21 personnel performing duties in relation to a computerized litigation system. 22 8. The terms “counsel,” “expert,” and “investigator” include their staff 23 who are assigned to and reasonably necessary to assist such counsel, expert, or 24 investigator in connection with GHK Proceedings. 25 9. All persons to whom Confidential Discovery Material is disclosed 26 pursuant to sub-paragraphs 7(b) through (h) as applicable above shall, prior to receipt 27 of such Confidential Discovery Material, be advised of the contents of this Order and 28 shall be required to execute a certification evidencing their agreement to the terms of the Order, in the form attached as Exhibit A. - 3NY 74827624 1 10. The recipient of any Confidential Discovery Material that is provided 2 pursuant to this Order shall maintain such Confidential Discovery Material in a 3 secure and safe area and shall exercise due and proper care with respect to the 4 storage, custody and use of all such Confidential Discovery Material. Persons 5 obtaining access to any Confidential Discovery Material shall use the information 6 solely in connection with GHK Proceedings and shall not use such information for 7 any other purpose. 8 2029 Century Park East Los Angeles, California 90067-3086 STROOCK & STROOCK & LAVAN LLP 9 11. The Liquidators are not obligated to challenge the propriety of a designation of Discovery Materials as Confidential when initially received, and a 10 failure to do so shall not preclude a subsequent challenge thereto. If, at any time, the 11 Liquidators object to a designation of Discovery Materials as Confidential under this 12 Order, the Liquidators shall notify DBS LA in writing and identify with specificity 13 the Discovery Materials to which such objection applies. Due to the large volume of 14 documents to be produced, the Liquidators shall be permitted, to the extent possible, 15 to reasonably identify such Discovery Materials to which such objection of the 16 designation applies by groups or categories, rather than specific individual 17 documents, based upon similar topic, subject matter, original custodian or provider 18 of such document, or such other group as deemed appropriate. Within three calendar 19 days of the receipt of such notification (or such other time as mutually agreed to by 20 the parties or ordered by the Court), counsel for DBS LA and the Liquidators shall 21 meet and confer in an effort to resolve any disagreement regarding DBS LA’s 22 designation of the Discovery Materials as Confidential. If, for whatever reason, the 23 parties do not resolve their disagreement within that time period, the Liquidators may 24 make an application to the Court challenging DBS LA’s designation of Discovery 25 Materials as Confidential. On such application, DBS LA shall have the burden of 26 showing that the document or information is Confidential. While any such 27 application is pending, the documents or materials subject to that application will 28 remain Confidential until the Court rules. Nothing in this Order shall be construed as preventing any party from objecting to the designation of any Discovery Materials as - 4NY 74827624 1 Confidential or as preventing any party from seeking further protection for any 2 material it produces in discovery. 3 12. In the event that counsel for any party determines to file in or submit to or any papers containing or revealing such information, the pages containing or 6 revealing such Confidential Discovery Material shall be submitted for filing under 7 seal pursuant to Local Rule 79-5. All materials filed under seal shall be available to 8 the Court and to counsel for the parties for viewing and/or copying. Filing under seal 9 2029 Century Park East Los Angeles, California 90067-3086 this Court any Confidential Discovery Material, any information derived therefrom, 5 STROOCK & STROOCK & LAVAN LLP 4 shall be without prejudice to any party’s right to argue to the Court that such 10 document is not Confidential and need not be preserved under seal. Redacted pages 11 shall be filed in the public record. 12 13. Nothing in this Order shall be construed to limit any party’s use or 13 disclosure of its own documents, materials, or information that have been designated 14 as Confidential pursuant to this Order. 15 16 14. In addition, nothing in this Order shall prevent or in any way limit the disclosure, use or dissemination of any document, information or material that: 17 a) 18 was, is or becomes public knowledge, not in breach of this Order; or 19 b) is acquired by a party from a non-party having the right to 20 disclose such information or material or is learned by a party as a 21 result of that party’s own independent efforts, investigation or 22 inquiry. 23 15. This Order shall not be construed to affect or limit in any way the 24 admissibility or use of any document, testimony, or other evidence at a hearing in 25 this Case or other GHK Proceedings, or to prejudice or limit in any way the rights of 26 any party to object to the authenticity, admissibility into evidence or use of any 27 document, testimony or other evidence at a trial or a hearing of any kind whatsoever, 28 whether in the Court or some other court. - 5NY 74827624 1 16. This Order shall not prevent any party from applying to the Court for 2 further or additional protective orders, for the modification of this Order, or from 3 agreeing with the other parties to modify this Order, subject to approval of the Court. 4 5 17. This Order may be executed in counterparts. This Order shall become effective as a stipulation among the parties immediately upon its execution. 6 7 Dated: November 6, 2013 8 2029 Century Park East Los Angeles, California 90067-3086 STROOCK & STROOCK & LAVAN LLP 9 10 United States District Court Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 6NY 74827624 1 CERTIFICATE OF SERVICE 2 I hereby certify that on November 4, 2013, a copy of the foregoing [Proposed] 3 Order Granting Stipulation and Agreed Protective Order was filed electronically 4 and served by mail on anyone unable to accept electronic filing. Notice of this filing 5 will be sent by e-mail to all parties by operation of the court’s electronic filing 6 system or by mail to anyone unable to accept electronic filing as indicated on the 7 Notice of Electronic Filing. Parties may access this filing through the court’s 8 EM/ECF System. 9 10 By: /s/ Daniel A. Rozansky Daniel A. Rozansky 11 12 13 14 Via E-mail to: 15 16 17 18 Kirk D. Dillman McKool Smith Hennigan, P.C. 865 South Figueroa Street, Suite 2900 Los Angeles, CA 90017 kdillman@mckoolsmithhennigan.com 19 20 21 22 23 24 25 26 27 28 -1– NY 74827624
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