Michael DeLong v. Allied Vehicle Protection, et al, No. 2:2021cv06165 - Document 52 (C.D. Cal. 2022)
Court Description: STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION by Magistrate Judge Patricia Donahue re Stipulation for Protective Order 50 . See Order for details. (es)
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Michael DeLong v. Allied Vehicle Protection, et al 1 2 3 4 5 6 Doc. 52 SEAN P. FLYNN (SBN: 220184) GORDON REES SCULLY MANSUKHANI, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 Telephone: (702) 577-9317 Facsimile: (213) 680-4470 Email: sflynn@grsm.com Attorneys for Defendant PALMER ADMINISTRATIVE SERVICES, INC. 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 10 11 MICHAEL DELONG, 12 13 14 15 16 17 CASE NO. 2:21-cv-06165-AB-PD Plaintiff, vs. ALLIED VEHICLE PROTECTION; PALMER ADMINISTRATIVE SERVICES, INC., and PAYLINK DIRECT, Defendants. Hon. Andre Birotte Jr. Hon. Patricia Donahue STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION Complaint Filed: July 30, 2021 18 19 20 21 22 23 24 25 26 27 28 -1STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION Dockets.Justia.com 1 2 TO THE ABOVE-ENTITLED COURT, AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 3 4 Services (“Defendant”) hereby stipulate as follows: 5 1. 6 Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 Plaintiff Michael Delong (“Plaintiff”) and Defendant Palmer Administrative General Provisions 1.1. Purposes and Limitations. Discovery in this action is likely to involve 7 production of confidential, proprietary, or private information for which special 8 protection from public disclosure and from use for any purpose other than 9 prosecuting this litigation may be warranted. Accordingly, the parties hereby 10 stipulate to and petition the Court to enter the following Stipulated Protective 11 Order (“SPO”). The parties acknowledge that this SPO does not confer blanket 12 protections on all disclosures or responses to discovery and that the protection it 13 affords from public disclosure and use extends only to the limited information or 14 items that are entitled to confidential treatment under the applicable legal 15 principles. The parties further acknowledge, as set forth in Section 12.3 below, that 16 this SPO does not entitle them to file confidential information under seal. Instead, 17 Civil Local Rule 79-5 sets forth the procedures that must be followed and the 18 standards that will be applied when a party seeks permission from the court to file 19 material under seal. 20 1.2. Good Cause Statement. This action, which may involve trade secrets, 21 customer data and lists and other valuable research, development, commercial, 22 financial, technical and/or proprietary information for which special protection 23 from public disclosure and from use for any purpose other than prosecution of this 24 action is warranted. Such confidential and proprietary materials and information 25 consist of, among other things, confidential business or financial information, 26 information regarding confidential business practices, or other confidential 27 research, development, or commercial information (including information 28 implicating privacy rights of third parties), information otherwise generally -2STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 unavailable to the public, or which may be privileged or otherwise protected from 2 disclosure under state or federal statutes, court rules, case decisions, or common 3 law. 4 Accordingly, to expedite the flow of information, to facilitate the prompt 5 resolution of disputes over confidentiality of discovery materials, to adequately 6 protect information the parties are entitled to keep confidential, to ensure that the 7 parties are permitted reasonable necessary uses of such material in preparation for 8 and in the conduct of trial, to address their handling at the end of the litigation, and 9 serve the ends of justice, a protective order for such information is justified in this Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 10 matter. 11 It is the intent of the parties that information will not be designated as 12 “Confidential” or “Highly Confidential - Attorneys Eyes Only” for tactical reasons 13 and that nothing be so designated without a good faith belief that it has been 14 maintained in a confidential, non-public manner, and there is good cause why it 15 should not be part of the public record of this case. 16 2. Definitions 17 2.1 Action: The present lawsuit pending in federal court. 18 2.2 Challenging Party: A Party or Non-Party that challenges the 19 20 designation of information or items under this Order. 2.3 “Confidential” Information or Items: Information (regardless of how it 21 is generated, stored or maintained) or tangible things that qualify for protection 22 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 23 Cause Statement. 24 2.4 25 26 Counsel (without qualifier): Outside Counsel of Record and In-House Counsel (as well as their support staff). 2.5 Designating Party: A Party or Non-Party that designates information 27 or items that it produces in disclosures or in responses to discovery as 28 “Confidential” or “Highly Confidential - Attorneys Eyes Only.” -3STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 Disclosure or Discovery Material: All items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced 4 or generated in disclosures or responses to discovery in this matter. 5 Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 2.6 2.7 Expert: A person with specialized knowledge or experience in a 6 matter pertinent to the litigation who has been retained by a Party or its counsel to 7 serve as an expert witness or as a consultant in this Action. Any employee of a 8 Receiving Party who is designated as an Expert shall be bound by Section 7, 9 below, and shall not be given access to “Highly Confidential - Attorneys Eyes 10 Only” Information or Items from a Producing Party unless the Producing Party 11 gives express authorization. 12 2.8 “Highly Confidential - Attorneys Eyes Only” Information or Items: 13 Extremely sensitive “Confidential Information or Items,” disclosure of which to 14 another Party or Non-Party would create a substantial risk of serious harm that 15 could not be avoided by less restrictive means. 16 2.9 In-House Counsel: Attorneys who are employees of a party to this 17 Action. In-House Counsel does not include Outside Counsel of Record or any 18 other outside counsel. 19 20 2.10 Non-Party: Any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 21 2.11 Outside Counsel of Record: Attorneys who are not employees of a 22 party to this Action but are retained to represent or advise a party to this Action 23 and have appeared in this Action on behalf of that party or are affiliated with a law 24 firm which has appeared on behalf of that party, and includes support staff. 25 2.12 Party: Any party to this Action, including all of its officers, directors, 26 employees, consultants, retained experts, and Outside Counsel of Record (and their 27 support staffs). 28 -4STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 2 2.13 Producing Party: A Party or Non-Party that produces Disclosure or Discovery Material in this Action. 3 2.14 Professional Vendors: Persons or entities that provide litigation 4 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 5 demonstrations, and organizing, storing, or retrieving data in any form or medium) 6 and their employees and subcontractors. 7 2.15 Protected Material: Any Disclosure or Discovery Material that is 8 designated as “Confidential” or “Highly Confidential - Attorneys Eyes Only.” Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 9 2.16 Receiving Party: A Party that receives Disclosure or Discovery 10 Material from a Producing Party. 11 3. 12 Scope 3.1. The protections conferred by this SPO cover not only Protected 13 Material (as defined above), but also (1) any information copied or extracted from 14 Protected Material; (2) all copies, excerpts, summaries, or compilations of 15 Protected Material; and (3) any testimony, conversations, or presentations by 16 Parties or their Counsel that might reveal Protected Material. 17 3.2. However, the protections conferred by this SPO do not cover the 18 following information: (a) any information that is in the public domain at the time 19 of disclosure to a Receiving Party or becomes part of the public domain after its 20 disclosure to a Receiving Party as a result of publication not involving a violation 21 of this Order, including becoming part of the public record through trial or 22 otherwise; and (b) any information known to the Receiving Party prior to the 23 disclosure or obtained by the Receiving Party after the disclosure from a source 24 who obtained the information lawfully and under no obligation of confidentiality to 25 the Designating Party. 26 27 3.3. Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Order does not govern the use of Protected Material at trial. 28 -5STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 4. 2 Even after final disposition of this litigation, the confidentiality obligations 3 imposed by this SPO shall remain in effect until a Designating Party agrees 4 otherwise in writing or a court order otherwise directs. Final disposition shall be 5 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 6 with or without prejudice; and (2) final judgment herein after the completion and 7 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 8 including the time limits for filing any motions or applications for extension of 9 time pursuant to applicable law. 10 Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 Duration 11 5. Designating Protected Material 5.1 Exercise of Restraint and Care in Designating Material for Protection. 12 Each Party or Non-Party that designates information or items for protection under 13 this Order must take care to limit any such designation to specific material that 14 qualifies under the appropriate standards. To the extent that it is practical to do so, 15 the Designating Party must designate for protection only those parts of material, 16 documents, items, or oral or written communications that qualify so that other 17 portions of the material, documents, items, or communications for which 18 protection is not warranted are not swept unjustifiably within the ambit of this 19 Order. 20 Mass, indiscriminate, or routinized designations are discouraged. 21 Designations that are shown to be clearly unjustified or that have been made for an 22 improper purpose (e.g., to unnecessarily encumber the case development process 23 or to impose unnecessary expenses and burdens on other parties) may expose the 24 Designating Party to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it 26 designated for protection do not qualify for protection at all or do not qualify for 27 the level of protection initially asserted, that Designating Party must promptly 28 notify all other Parties that it is withdrawing the inapplicable designation. In the -6STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 event that the Designating Party withdraws designations of produced documents, it 2 will issue a replacement production with the designations omitted unless otherwise 3 agreed by the parties. 4 5.2 5 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 6 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 7 under this Order must be clearly so designated before the material is disclosed or 8 produced. Designation in conformity with this Order requires: 9 Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 Manner and Timing of Designations. Except as otherwise provided in (a) For information in documentary form (e.g., paper or electronic 10 documents, but excluding transcripts of depositions or other pretrial or trial 11 proceedings), that the Producing Party affix at a minimum, the legend 12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS EYES 13 ONLY,” to each page that contains protected material. If only a portion or portions 14 of the material on a page qualifies for protection, the Producing Party also must 15 clearly identify the protected portion(s) (e.g., by making appropriate markings in 16 the margins) and must specify, for each portion, the level of protection being 17 asserted. 18 A Party or Non-Party that makes original documents or materials available 19 for inspection need not designate them for protection until after the inspecting 20 Party has indicated which documents or material it would like copied and 21 produced. During the inspection and before the designation, all of the material 22 made available for inspection shall be deemed “HIGHLY CONFIDENTIAL – 23 ATTORNEYS EYES ONLY.” After the inspecting Party has identified the 24 documents it wants copied and produced, the Producing Party must determine 25 which documents, or portions thereof, qualify for protection under this Order. 26 Then, before producing the specified documents, the Producing Party must affix 27 the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 28 ATTORNEYS EYES ONLY”) to each page that contains Protected Material. If -7STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 1 only a portion or portions of the material on a page qualifies for protection, the 2 Producing Party also must clearly identify the protected portion(s) (e.g., by making 3 appropriate markings in the margins) and must specify, for each portion, the level 4 of protection being asserted. 5 (b) For Testimony Given in Depositions or In Other Pretrial or 6 Trial Proceedings, that the Designating Party identify on the record, before the 7 close of the deposition, hearing, or other proceeding, all protected testimony and 8 specify the level of protection being asserted. When it is impractical to identify 9 separately each portion of testimony that is entitled to protection and it appears that 10 substantial portions of the testimony may qualify for protection, the Designating 11 Party may invoke on the record (before the deposition, hearing, or other 12 proceeding is concluded) a right to have up to 21 days to identify the specific 13 portions of the testimony as to which protection is sought and to specify the level 14 of protection being asserted. Only those portions of the testimony that are 15 appropriately designated for protection within the 21 days (or as otherwise agreed 16 by the parties) shall be covered by the provisions of this Stipulated Protective 17 Order. Alternatively, a Designating Party may specify, at the deposition or up to 21 18 days afterwards if that period is properly invoked, that the entire transcript shall be 19 treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 20 EYES ONLY.” 21 Parties shall give the other parties notice if they reasonably expect a 22 deposition, hearing or other proceeding to include Protected Material so that the 23 other parties can ensure that only authorized individuals who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those 25 proceedings. The use of a document as an exhibit at a deposition shall not in any 26 way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 27 – ATTORNEYS’ EYES ONLY.” 28 -8STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 2 legend on the title page that the transcript contains Protected Material, and the title 3 page shall be followed by a list of all pages (including line numbers as appropriate) 4 that have been designated as Protected Material and the level of protection being 5 asserted by the Designating Party. The Designating Party shall inform the court 6 reporter of these requirements. Any transcript that is prepared before the expiration 7 of a 21-day period for designation shall be treated during that period as if it had 8 been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in 9 its entirety unless otherwise agreed. After the expiration of that period, the 10 Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 Transcripts containing Protected Material shall have an obvious transcript shall be treated only as actually designated. 11 (c) For Information Produced in Some Form Other Than 12 Documentary, and For Any Other Tangible Items, that the Producing Party affix in 13 a prominent place on the exterior of the container or containers in which the 14 information is stored the legend “CONFIDENTIAL” or “HIGHLY 15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions 16 of the information warrants protection, the Producing Party, to the extent 17 practicable, shall identify the protected portion(s). 18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 19 failure to designate qualified information or items does not, standing alone, waive 20 the Designating Party’s right to secure protection under this Order for such 21 material. Upon timely correction of a designation, the Receiving Party must make 22 reasonable efforts to assure that the material is treated in accordance with the 23 provisions of this Order. 24 6. 25 Challenging Confidentiality Designations 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time that is consistent with the Court’s 27 Scheduling Order. A Party does not waive its right to challenge a confidentiality 28 designation by electing not to mount a challenge promptly after the original -9STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 designation is disclosed, unless a prompt challenge to a Designating Party’s 2 confidentiality designation is necessary to avoid foreseeable, substantial 3 unfairness, unnecessary economic burdens, or a significant disruption or delay of 4 the Court’s litigation. 5 6 6.2 resolution process under Local Rule 37.1 et seq. 7 Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 Meet and Confer. The Challenging Party shall initiate the dispute 6.3 Burden of Persuasion. The burden of persuasion in any such 8 challenge proceeding shall be on the Designating Party. Frivolous challenges, and 9 those made for an improper purpose (e.g., to harass or impose unnecessary 10 expenses and burdens on other parties) may expose the Challenging Party to 11 sanctions. Unless the Designating Party has waived or withdrawn the 12 confidentiality designation all parties shall continue to afford the material in 13 question the level of protection to which it is entitled under the Producing Party’s 14 designation until the Court rules on the challenge. 15 7. 16 Access to and Use of Protected Material 7.1 Basic Principles. A Receiving Party may use Protected Material that is 17 disclosed or produced by another Party or by a Non-Party in connection with this 18 Action only for prosecuting, defending, or attempting to settle this Action. Such 19 Protected Material may be disclosed only to the categories of persons and under 20 the conditions described in this Order. When the Action has been terminated, a 21 Receiving Party must comply with the provisions of Section 13 (“Final 22 Disposition”) below. Protected Material must be stored and maintained by a 23 Receiving Party at a location and in a secure manner that ensures that access is 24 limited to the persons authorized under this Order. 25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 26 otherwise ordered by the court or permitted in writing by the Designating Party, a 27 Receiving Party may disclose any information or item designated 28 “CONFIDENTIAL” only to: -10STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 (a) 2 as well as employees of said Outside Counsel of Record to whom it is reasonably 3 necessary to disclose the information for this Action; 4 (b) the Receiving Party, or if the Receiving Party is not an 5 individual, the officers, directors, employees, or affiliates of the Receiving Party to 6 whom disclosure is reasonably necessary for this Action; 7 Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 the Receiving Party’s Outside Counsel of Record in this Action, (c) Experts (as defined in this Order) of the Receiving Party to 8 whom disclosure is reasonably necessary for this Action 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; 12 (f) professional jury or trial consultants, mock jurors, and 13 Professional Vendors to whom disclosure is reasonably necessary for this Action 14 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 15 A); 16 (g) the author, addressee, or carbon copy recipient of a document 17 containing the information or a custodian or other person who otherwise possessed 18 or knew the information. In addition, regardless of its designation, if the document 19 makes reference to the actual or alleged conduct or statement of a person, Outside 20 Counsel may discuss such conduct or statements with such person, provided that 21 such discussions do not disclose or reveal any other Protected Material beyond the 22 actual or alleged conduct or statement of that person; 23 24 25 (h) any mediator or settlement officer, and their supporting personnel. 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 26 ONLY” Information or Items. Unless otherwise ordered by the court or permitted 27 in writing by the Designating Party, a Receiving Party may disclose any 28 -11STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ 2 EYES ONLY” only to: 3 (a) 4 as well as employees of said Outside Counsel of Record to whom it is reasonably 5 necessary to disclose the information for this litigation; 6 (b) In-House Counsel of the Receiving Party to whom disclosure is 7 reasonably necessary for this Action and who have signed the “Acknowledgment 8 and Agreement to Be Bound” (Exhibit A); 9 Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 the Receiving Party’s Outside Counsel of Record in this action, (c) Experts (as defined in this Order) of the Receiving Party to 10 whom disclosure is reasonably necessary for this Action and who have signed the 11 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (d) the court and its personnel; 13 (e) court reporters and their staff; 14 (f) professional jury or trial consultants, and Professional Vendors 15 to whom disclosure is reasonably necessary for this litigation and who have signed 16 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and 17 (g) the author, addressee, or carbon copy recipient of a document 18 containing the information or a custodian or other person who otherwise possessed 19 or knew the information. In addition, regardless of its designation, if the document 20 makes reference to the actual or alleged conduct or statement of a person, Outside 21 Counsel may discuss such conduct or statements with such person, provided that 22 such discussions do not disclose or reveal any other Protected Material beyond the 23 actual or alleged conduct or statement of that person; 24 25 (h) any mediator or settlement officer, and their supporting personnel. 26 27 28 -12STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 8. Protected Material Subpoenaed or Ordered Produced in Other 2 Litigation 3 8.1. 4 litigation that compels disclosure of any information or items designated in this 5 Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 6 EYES ONLY,” that Party must: 7 8 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 9 Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 If a Party is served with a subpoena or a court order issued in other (b) promptly notify in writing the party who caused the subpoena 10 or order to issue in the other litigation that some or all of the material covered by 11 the subpoena or order is subject to this Protective Order. Such notification shall 12 include a copy of this Stipulated Protective Order; and 13 14 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 15 8.2. If the Designating Party timely seeks a protective order, the Party 16 served with the subpoena or court order shall not produce any information 17 designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 18 ATTORNEYS EYES ONLY” before a determination by the court from which the 19 subpoena or order issued, unless the Party has obtained the Designating Party’s 20 permission. The Designating Party shall bear the burden and expense of seeking 21 protection in that court of its confidential or highly confidential material and 22 nothing in these provisions should be construed as authorizing or encouraging a 23 Receiving Party in this Action to disobey a lawful directive from another court. 24 9. A Non-Party’s Protected Material Sought to Be Produced in This 25 Litigation 26 9.1. The terms of this Order are applicable to information produced by a 27 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 28 CONFIDENTIAL – ATTORNEYS EYES ONLY.” Such information produced by -13STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 Non-Parties in connection with this litigation is protected by the remedies and 2 relief provided by this Order. Nothing in these provisions should be construed as 3 prohibiting a Non-Party from seeking additional protections. 4 9.2. 5 produce a Non-Party’s confidential or highly confidential information in its 6 possession, and the Party is subject to an agreement with the Non-Party not to 7 produce the Non-Party’s confidential or highly confidential information, then the 8 Party shall: 9 Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 In the event that a Party is required, by a valid discovery request, to (a) promptly notify in writing the Requesting Party and the Non- 10 Party that some or all of the information requested is subject to a confidentiality 11 agreement with a Non-Party; 12 (b) promptly provide the Non-Party with a copy of the Stipulated 13 Protective Order in this Action, the relevant discovery request(s), and a reasonably 14 specific description of the information requested; and 15 16 (c) make the information requested available for inspection by the Non-Party, if requested. 17 9.3. If the Non-Party fails to object or seek a protective order from this 18 court within 14 days of receiving the notice and accompanying information, the 19 Receiving Party may produce the Non-Party’s confidential or highly confidential 20 information responsive to the discovery request. If the Non-Party timely seeks a 21 protective order, the Receiving Party shall not produce any information in its 22 possession or control that is subject to the confidentiality agreement with the Non- 23 Party before a determination by the court. Absent a court order to the contrary, the 24 Non-Party shall bear the burden and expense of seeking protection in this court of 25 its Protected Material. 26 10. Unauthorized Disclosure of Protected Material 27 If a Receiving Party learns that, by inadvertence or otherwise, it has 28 disclosed Protected Material to any person or in any circumstance not authorized -14STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 under this Stipulated Protective Order, the Receiving Party must immediately (a) 2 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 3 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 4 the person or persons to whom unauthorized disclosures were made of all the terms 5 of this Order, and (d) request such person or persons to execute the 6 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 7 A. 8 11. Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 9 Inadvertent Production of Privileged or Otherwise Protected Material When a Producing Party gives notice to Receiving Parties that certain 10 inadvertently produced material is subject to a claim of privilege or other 11 protection, the obligations of the Receiving Parties are those set forth in Federal 12 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 13 whatever procedure may be established in an e-discovery order that provides for 14 production without prior privilege review. Pursuant to Federal Rule of Evidence 15 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 16 of a communication or information covered by the attorney-client privilege or 17 work product protection, the parties may incorporate their agreement in the 18 stipulated protective order submitted to the court. 19 12. 20 21 22 Miscellaneous 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 23 Protective Order no Party waives any right it otherwise would have to object to 24 disclosing or producing any information or item on any ground not addressed in 25 this Stipulated Protective Order. Similarly, no Party waives any right to object on 26 any ground to use in evidence of any of the material covered by this SPO. 27 12.3 Filing Protected Material. Without written permission from the 28 Designating Party or a court order secured after appropriate notice to all interested -15STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 persons, a Party may not file in the public record in this action any Protected 2 Material. A Party that seeks to file under seal any Protected Material must comply 3 with Civil Local Rule 79-5. Protected Material may only be filed under seal 4 pursuant to a court order authorizing the sealing of the specific Protected Material 5 at issue. If a Party's request to file Protected Material under seal is denied by the 6 court, then the Receiving Party may file the information in the public record unless 7 otherwise instructed by the court. 8 13. Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 9 Final Disposition 13.1. After the final disposition of this Action, as defined in paragraph 4, 10 within 60 days of a written request by the Designating Party, each Receiving Party 11 must return all Protected Material to the Producing Party or destroy such material. 12 As used in this subdivision, “all Protected Material” includes all copies, abstracts, 13 compilations, summaries, and any other format reproducing or capturing any of the 14 Protected Material. 15 13.2. Whether the Protected Material is returned or destroyed, the 16 Receiving Party must submit a written certification to the Producing Party (and, if 17 not the same person or entity, to the Designating Party) by the 60 day deadline that 18 (1) identifies (by category, where appropriate) all the Protected Material that was 19 returned or destroyed and (2) affirms that the Receiving Party has not retained any 20 copies, abstracts, compilations, summaries or any other format reproducing or 21 capturing any of the Protected Material. 22 13.3. Notwithstanding this provision, Counsel are entitled to retain an 23 archival copy of all pleadings, motion papers, trial, deposition, and hearing 24 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 25 reports, attorney work product, and consultant and expert work product, even if 26 such materials contain Protected Material. Any such archival copies that contain or 27 constitute Protected Material remain subject to this Protective Order as set forth in 28 Section 4 (“Duration”). -16STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 Any violation of this Order may be punished by any and all appropriate 2 measures including, without limitation, contempt proceedings and/or monetary 3 sanctions. 4 IT IS SO STIPULATED. 5 6 Dated: April 15, 2022 GORDON REES SCULLY MANSUKHANI, LLP 7 By: 8 9 Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 10 s/Sean P. Flynn Sean P. Flynn Attorneys for Defendant Palmer Administrative Services, Inc. 11 12 Dated: April 15, 2022 KIMMEL & SILVERMAN, P.C. 13 By: /s/ Joseph D. Steward, III Joseph D. Steward, III Attorneys for Plaintiff Michael Delong 14 15 16 17 18 CERTIFICATE OF SIGNATURE AUTHORITY 19 Pursuant to L.R. 5-4.3.4, I hereby attest that all signatories listed, and on 20 whose behalf this filing was submitted, concur in the filing’s content and have 21 authorized the filing. 22 By: /s/ 23 24 25 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED: April 15, 2022 26 27 28 Patricia Donahue United States Magistrate Judge -17STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND Gordon Rees Scully Mansukhani, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 3 I, [full name], of 4 [address], declare under penalty of perjury that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the United States 6 District Court for the Central District of California on 7 of Delong v. Allied Vehicle Protection, et al., Case No. 2:21-cv-06165-AB-PD 8 (C.D. Cal.). I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order and I understand and acknowledge that failure to so [date] in the case 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item 12 that is subject to this Stipulated Protective Order to any person or entity except in 13 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 16 of this Stipulated Protective Order, even if such enforcement proceedings occur 17 after termination of this action. I hereby appoint 18 [name] of [address and telephone] as my California agent for 19 service of process in connection with this action or any proceedings related to 20 enforcement of this Stipulated Protective Order. 21 22 Date: 23 24 Cite and State: 25 26 Printed Name: 27 28 Signature: -18STIPULATED PROTECTIVE ORDER AND ORDER GRANTING STIPULATION
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