New Age Imports, Inc. v. VD Importers, Inc. et al, No. 8:2017cv02154 - Document 17 (C.D. Cal. 2018)
Court Description: PROTECTIVE ORDER GRANTING STIPULATION by Magistrate Judge Karen E. Scott re Stipulation for Protective Order 15 . (See document for details.) (sbou)
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New Age Imports, Inc. v. VD Importers, Inc. et al Doc. 17 1 Dariush G. Adli, SBN 204959 2 3 4 5 6 7 adli@adlilaw.com Joshua H. Eichenstein SBN 299392 Josh.Eichenstein@adlilaw.com ADLI LAW GROUP, PC 444 South Flower St., Suite 3100 Los Angeles, California 90071 Telephone: (213) 623-6546 Attorneys for Defendants 8 Louis F. Teran (SBN 249494) lteran@slclg.com 9 SLC LAW GROUP 10 1055 E. Colorado Blvd., Suite #500 Pasadena, CA 91106 12 Facsimile: (866) 665-8877 Attorneys for Plaintiff www.adlilaw.com (213) 623-6546 ADLI LAW GROUP, P.C. 11 Telephone: (818) 484-3217 x200 13 NEW AGE IMPORTS, INC. 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 NEW AGE IMPORTERS, INC., a 18 California Corporation, 19 20 21 Plaintiff, vs. 22 VD IMPORTERS, INC., a Florida corporation; and 23 VINEET GUPTA, a Florida resident, 24 25 Defendants. Case No: 8:17-cv-02154-CJC-KES DISCOVERY DOCUMENT: Referred to Magistrate Judge Karen E. Scott [PROPOSED] PROTECTIVE ORDER GRANTING STIPULATION Complaint filed: 12/8/17 Discovery Cut-off: 3/21/2019 Jury Trial: 6/25/2019 26 27 AND RELATED COUNTERCLAIMS 28 STIPULATED [PROPOSED] PROTECTIVE ORDER 1013.210 Dockets.Justia.com STIPULATION 1 In order to protect confidential and/or competitively sensitive information and 2 3 things produced or disclosed in connection with the instant action, the opposing 4 parties NEW AGE IMPORTERS, INC., on the one hand, and VD IMPORTERS, 5 INC., a Florida corporation; and VINEET GUPTA, an individual on the other 6 (hereinafter each a “Party” and collectively the “Parties”) stipulate through their 7 respective counsel to the entry of a protective order, the grounds for and terms of 8 which are set forth below. 9 10 1. A. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, 12 and from use for any purpose other than prosecuting this litigation may be warranted. www.adlilaw.com (213) 623-6546 ADLI LAW GROUP, P.C. 11 proprietary, or private information for which special protection from public disclosure 13 Accordingly, the Parties hereby stipulate to and petition the Court to enter the 14 following Stipulated Protective Order (hereinafter, “Order” or “Stipulated Protective 15 Order”). The Parties acknowledge that this Order does not confer blanket protections 16 on all disclosures or responses to discovery and that the protection it affords from 17 public disclosure and use extends only to the limited information or items that are 18 entitled to confidential treatment under the applicable legal principles. The Parties 19 further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective 20 Order does not entitle them to file confidential information under seal; Civil Local 21 Rule 79-5 sets forth the procedures that must be followed and the standards that will 22 be applied when a party seeks permission from the court to file material under seal. 23 B. GOOD CAUSE STATEMENT 24 This action is likely to involve trade secrets, customer and pricing lists and 25 other valuable research, development, commercial, financial, technical and/or 26 proprietary information for which special protection from public disclosure and from 27 use for any purpose other than prosecution of this action is warranted. Such 28 confidential and proprietary materials and information consist of, among other things, 1013.210 1 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 confidential business or financial information, information regarding confidential 2 business practices, or other confidential research, development, or commercial 3 information (including information implicating privacy rights of third parties), 4 information otherwise generally unavailable to the public, or which may be privileged 5 or otherwise protected from disclosure under state or federal statutes, court rules, case 6 decisions, or common law. Accordingly, to expedite the flow of information, to 7 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 8 to adequately protect information the parties are entitled to keep confidential, to 9 ensure that the Parties are permitted reasonable necessary uses of such material in 10 preparation for and in the conduct of trial, to address their handling at the end of the 12 justified in this matter. It is the intent of the Parties that information will not be (213) 623-6546 ADLI LAW GROUP, P.C. 11 litigation, and serve the ends of justice, a protective order for such information is 13 designated as confidential for tactical reasons and that nothing be so designated 14 without a good faith belief that it has been maintained in a confidential, non-public 15 manner, and there is good cause why it should not be part of the public record of this 16 case. 17 2. 18 2.1 DEFINITIONS Action: This federal lawsuit in the Central District of California, 19 entitled NEW AGE IMPORTERS, INC., a California corporation v. VD Importers, 20 Inc., a Florida corporation, et al. Case No. 8:17-cv-02154-CJC-KES. 21 2.2 Challenging Party: A Party or Non-Party that challenges the designation 22 of information or items under this Order. 23 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of 24 how it is generated, stored or maintained) or tangible things that qualify for protection 25 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 26 Cause Statement. 27 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 28 Information or Items: Information or items that is/are extremely confidential and/or 2 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 sensitive, disclosure of which to any other Party or Non-Party, other than Outside 2 Counsel of Record, would create a substantial risk of serious harm that could not be 3 avoided by less restrictive means. The Parties agree that the following information, if 4 not previously disclosed publicly, shall be presumed to merit the “HIGHLY 5 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation: ‚ trade secrets, 6 ‚ manufacturing and wholesale pricing information, 7 ‚ financial data related to sales, profits, expenses, 8 ‚ sales or marketing forecasts or plans, 9 ‚ business plans, 10 ‚ customer lists, ‚ sales or marketing strategy, 12 (213) 623-6546 ADLI LAW GROUP, P.C. 11 ‚ product development information, 13 ‚ engineering documents, 14 ‚ testing documents, 15 ‚ and other non-public information of similar competitive and business 16 sensitivity. 17 18 19 items 2.5 Designating Party: A Party or non-Party that designates information or that it produces in disclosures or in responses to discovery as 20 “CONFIDENTIAL” or ““HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 21 ONLY”. 22 2.6 Disclosure or Discovery Material: All items or information, regardless 23 of the medium or manner in which it is generated, stored, or maintained (including, 24 among other things, testimony, transcripts, and tangible things), that are produced or 25 generated in disclosures or responses to discovery in this matter. 26 2.7 Expert: A person with specialized knowledge or experience in a matter 27 pertinent to the litigation, who has been retained by a Party or its counsel to serve as 28 an expert witness or as a consultant in this Action. 3 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 2.8 House Counsel: Attorneys who are employees of a party to this Action. 2 House Counsel does not include Outside Counsel of Record or any other outside 3 counsel. 4 2.9 Non-Party: Any natural person, partnership, corporation, association, or 5 other legal entity not named as a Party to this Action. 6 2.10 Outside Counsel of Record: Attorneys, who are not employees of a Party 7 to this Action, but are retained to represent or advise a Party to this Action and have 8 appeared in this Action on behalf of that Party or are affiliated with a law firm that 9 has appeared on behalf of that Party, including support staff, as well as foreign 10 associates retained to represent or advise the Parties, including, without limitation, 12 (213) 623-6546 ADLI LAW GROUP, P.C. 11 Plaintiff’s outside counsel located in Germany. 2.11 Party: Any Party to this Action, including all of its officers, directors, 13 employees, consultants, retained experts, and Outside Counsel of Record (and their 14 support staffs). 15 2.12 Producing Party: A Party or Non-Party that produces Disclosure or 16 Discovery Material in this Action. 17 2.13 Professional Vendors: Persons or entities that provide litigation support 18 services (e.g., photocopying, videotaping, translating, preparing exhibits or 19 demonstrations, and organizing, storing, or retrieving data in any form or medium) 20 and their employees and subcontractors. 21 2.14 Protected Material: Any Disclosure or Discovery Material that is 22 designated with any confidentiality designation, such as “CONFIDENTIAL” or 23 "HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY." As defined herein, 24 Protected Material includes all of the matter and materials identified in section 3 25 below (SCOPE). 26 2.15 Receiving Party: A Party that receives Disclosure or Discovery Material 27 from a Producing Party. 28 / / / 4 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 3. SCOPE 2 The protections conferred by this Stipulated Protective Order cover not only 3 Protected Material (as defined above), but also: (1) any information copied or 4 extracted from Protected Material or information that is otherwise based in whole or 5 in part on Protected Material; (2) all copies, excerpts, summaries, or compilations of 6 Protected Material; and (3) any testimony, conversations, or presentations by Parties 7 or their Outside Counsel of Record or House Counsel that might reveal Protected 8 Material. Any use of Protected Material at trial shall be governed by the orders of the 9 trial judge. This Stipulated Protective Order does not govern the use of Protected (213) 623-6546 ADLI LAW GROUP, P.C. 10 Material at trial. 11 4. DURATION 12 Even after final disposition of this litigation, the confidentiality obligations 13 imposed by this Order shall remain in effect until a Designating Party agrees 14 otherwise in writing or a court order otherwise directs. Final disposition shall be 15 deemed to be the later of: (1) dismissal of all claims and defenses in this Action, with 16 or without prejudice; and (2) final judgment herein after the completion and 17 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 18 including the time limits for filing any motions or applications for extension of time 19 pursuant to applicable law. 20 5. DESIGNATING PROTECTED MATERIAL 21 5.1 Exercise of Restraint and Care in Designating Material for Protection. 22 Each Party or Non-Party that designates information or items for protection under this 23 Order must take care to limit any such designation to specific material that qualifies 24 under the appropriate standards. The Designating Party must designate for protection 25 only those parts of material, documents, items, or oral or written communications that 26 qualify so that other portions of the material, documents, items, or communications 27 for which protection is not warranted are not swept unjustifiably within the ambit of 28 this Order. 5 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 Mass, indiscriminate, or routinized designations are prohibited. Designations 2 that are shown to be clearly unjustified or that have been made for an improper 3 purpose (e.g., to unnecessarily encumber the case development process or to impose 4 unnecessary expenses and burdens on other parties) may expose the Designating Party 5 to sanctions. 6 If it comes to a Designating Party’s attention that information or items that it 7 designated for protection do not qualify for protection, that Designating Party must 8 promptly notify all other Parties that it is withdrawing the inapplicable designation. 9 5.2 Manner and Timing of Designations. Except as otherwise provided in 10 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 12 under this Order must be clearly so designated before the material is disclosed or (213) 623-6546 ADLI LAW GROUP, P.C. 11 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 13 produced. 14 Designation in conformity with this Order requires: 15 (a) for information in documentary form (e.g., paper or electronic documents, 16 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 17 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 18 “CONFIDENTIAL legend”) or the legend "HIGHLY CONFIDENTIAL - 19 ATTORNEYS' EYES ONLY" (hereinafter “HIGHLY CONFIDENTIAL legend”), 20 as applicable, to each page that contains Protected Material. If only a portion or 21 portions of the material on a page qualifies for protection, the Producing Party also 22 must clearly identify the protected portion(s) (e.g., by making appropriate markings 23 in the margins). Each CONFIDENTIAL legend and each HIGHLY 24 CONFIDENTIAL legend shall be conspicuous on each document and thing on which 25 it is placed. Whenever any Expert, Professional Vendor or other Non-Party or counsel 26 prepares any document or thing that contains any Protected Material, the Expert, 27 Professional Vendor or other Non-Party must affix the applicable CONFIDENTIAL 28 legend or HIGHLY CONFIDENTIAL legend to the document or thing upon the 6 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 inclusion of any Protected Material in any such document or thing. 2 A Party or Non-Party that makes original documents available for inspection 3 need not designate them for protection until after the inspecting Party has indicated 4 which documents it would like copied and produced. During the inspection and before 5 the designation, all of the material made available for inspection shall be deemed 6 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY. After the inspecting 7 Party has identified the documents it wants copied and produced, the Producing Party 8 must determine which documents, or portions thereof, qualify for protection under 9 this Order. Then, before producing the specified documents, the Producing Party 10 must affix the applicable CONFIDENTIAL legend or HIGHLY CONFIDENTIAL 12 the material on a page qualifies for protection, the Producing Party also must clearly (213) 623-6546 ADLI LAW GROUP, P.C. 11 legend to each page that contains Protected Material. If only a portion or portions of 13 identify the protected portion(s) (e.g., by making appropriate markings in the 14 margins). 15 (b) for testimony given in depositions that the Designating Party identify the 16 Disclosure or Discovery Material on the record, before the close of the deposition all 17 protected testimony. If a deposition witness is asked a question to which a response 18 would likely disclose a Party's Protected Material, or if a witness would otherwise 19 disclose a Party's Protected Material at a deposition, the attorney representing such 20 party may contemporaneously designate that disclosure as "CONFIDENTIAL" or 21 "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY," as applicable, prior to 22 its actual disclosure. Upon making such a designation, any person in attendance at 23 the deposition, who is not authorized under the terms herein to receive such Protected 24 Material, may be excluded from attending the deposition during the disclosure of such 25 Protected Material. 26 (c) for information produced in some form other than documentary and for any 27 other tangible items, that the Producing Party affix in a prominent place on the exterior 28 of the container or containers in which the information is stored the applicable 7 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 CONFIDENTIAL legend or HIGHLY CONFIDENTIAL legend. If only a portion or 2 portions of the information warrants protection, the Producing Party, to the extent 3 practicable, shall identify the protected portion(s). 4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 5 failure to designate qualified information or items does not, standing alone, waive the 6 Designating Party’s right to secure protection under this Order for such material. 7 Upon timely correction of a designation, the Receiving Party must make reasonable 8 efforts to assure that the material is treated in accordance with the provisions of this 10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 12 designation of confidentiality at any time that is consistent with the Court’s (213) 623-6546 ADLI LAW GROUP, P.C. 9 Order. 13 Scheduling Order. 14 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 15 resolution process under Local Rule 37.1 et seq. 16 6.3 The burden of persuasion in any such challenge proceeding shall be on 17 the Designating Party. Frivolous challenges, and those made for an improper purpose 18 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 19 expose the Challenging Party to sanctions. Unless the Designating Party has waived 20 or withdrawn the confidentiality designation, all Parties shall continue to afford the 21 material in question the level of protection to which it is entitled under the Producing 22 Party’s designation until the Court rules on the challenge. 23 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. A Receiving Party may use Protected Material that is 25 disclosed or produced by another Party or by a Non-Party in connection with this 26 Action only for prosecuting, defending, or attempting to settle this Action. Such 27 Protected Material may be disclosed only to the categories of persons and under the 28 conditions described in this Order. When the Action has been terminated, a Receiving 8 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 2 Protected Material must be stored and maintained by a Receiving Party at a 3 location and in a secure manner that ensures that access is limited to the persons 4 authorized under this Order. 5 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless 6 otherwise ordered by the court or permitted in writing by the Designating Party, a 7 Receiving Party may disclose any information or item designated 8 “CONFIDENTIAL” only to: 9 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 10 employees of said Outside Counsel of Record to whom it is reasonably necessary to 12 (213) 623-6546 ADLI LAW GROUP, P.C. 11 disclose the information for this Action; (b) the officers, directors, and employees (including House Counsel) of the 13 Receiving Party to whom disclosure is reasonably necessary for this Action; 14 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 15 is reasonably necessary for this Action and who have signed the “Acknowledgment 16 and Agreement to Be Bound” (Exhibit A); 17 (d) the court and its personnel; 18 (e) court reporters and their staff; 19 (f) professional jury or trial consultants, mock jurors, and Professional Vendors 20 to whom disclosure is reasonably necessary for this Action and who have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (g) the author or recipient of a document containing the information or a 23 custodian or other person who otherwise possessed or knew the information; 24 (h) during their depositions, witnesses, and attorneys for witnesses, in the 25 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 26 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 27 not be permitted to keep any Protected Material unless they sign the 28 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 9 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 agreed by the Designating Party or ordered by the court. Pages of transcribed 2 deposition testimony or exhibits to depositions that reveal Protected Material may be 3 separately bound by the court reporter and may not be disclosed to anyone except as 4 permitted under this Stipulated Protective Order; 5 (i) any mediator or settlement officer, and their supporting personnel, mutually 6 agreed upon by the Parties if engaged in settlement discussions; and 7 (j) any insurer to whom disclosure is reasonably necessary, who has signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A). 9 7.3 Disclosure of "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES 10 ONLY" Information or Items. Unless otherwise ordered by the court or permitted in 12 item designated “HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY” only (213) 623-6546 ADLI LAW GROUP, P.C. 11 writing by the Designating Party, a Receiving Party may disclose any information or 13 to: 14 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 15 employees of said Outside Counsel of Record to whom it is reasonably necessary to 16 disclose the information for this Action; 17 (b) Experts (as defined in this Order) of the Receiving Party to whom disclosure 18 is reasonably necessary for this Action and who have signed the “Acknowledgment 19 and Agreement to Be Bound” (Exhibit A); 20 (c) the court and its personnel; 21 (d) court reporters and their staff; 22 (e) professional jury or trial consultants, mock jurors, and Professional Vendors 23 to whom disclosure is reasonably necessary for this Action and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (f) the author or recipient of a document containing the information or a 26 custodian or other person who otherwise possessed or knew the information; 27 (g) during their depositions, Non-Party witnesses, and attorneys for Non-Party 28 witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) the 10 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 deposing party requests that the witness sign the form attached as Exhibit A hereto; 2 and (2) they will not be permitted to keep any Protected Material unless they sign the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 4 agreed by the Designating Party or ordered by the court. Pages of transcribed 5 deposition testimony or exhibits to depositions that reveal Protected Material may be 6 separately bound by the court reporter and may not be disclosed to anyone except as 7 permitted under this Stipulated Protective Order; 8 (h) any mediator or settlement officer, and their supporting personnel, mutually 9 agreed upon by any the Parties if engaged in settlement discussions; and 10 (i) any insurer to whom disclosure is reasonably necessary, who has signed the (213) 623-6546 ADLI LAW GROUP, P.C. 11 “Acknowledgment and Agreement to Be Bound” (Exhibit A). 12 7.4 Service of “Acknowledgment and Agreement to Be Bound” (Exhibit A). 13 The signed original of each Acknowledgment and Agreement to Be Bound 14 (Exhibit A) shall be served by the attorney who procured it on counsel for the 15 opposing party as follows: 16 (1) for an expert witness or rebuttal-only expert witness, no later than the earlier 17 of: (a) the time at which that witness is disclosed to opposing counsel or (b) the final 18 disposition of this litigation as defined in paragraph number 4 above, and 19 (2) for any Professional Vendor, expert consultant, professional jury or trial 20 consultant, mock juror, Insurer and any other Non-Party who received any Protected 21 Material, contemporaneously with the earlier of (a) the final disposition of this 22 litigation as defined in paragraph number 4 above or (b) the disclosure of such person 23 to opposing counsel. 24 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 25 PRODUCED IN ANOTHER LITIGATION 26 If a Party is served with a subpoena or a court order issued in another litigation 27 that compels disclosure of any information or items designated in this Action as 28 “CONFIDENTIAL” or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES 11 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 ONLY," that Party must: 2 (a) promptly notify in writing the Designating Party. Such notification shall 3 include a copy of the subpoena or court order; 4 (b) promptly notify in writing the party who caused the subpoena or order to 5 issue in the other litigation that some or all of the material covered by the subpoena 6 or order is subject to this Order. Such notification shall include a copy of this 7 Stipulated Protective Order; and 8 (c) cooperate with respect to all reasonable procedures sought to be pursued by 9 the Designating Party whose Protected Material may be affected. 10 If the Designating Party timely seeks a protective order, the Party served with 12 Action as “CONFIDENTIAL” or "HIGHLY CONFIDENTIAL - ATTORNEYS' (213) 623-6546 ADLI LAW GROUP, P.C. 11 the subpoena or court order shall not produce any information designated in this 13 EYES ONLY" before a determination by the court from which the subpoena or order 14 issued, unless the Party has obtained the Designating Party’s permission. The 15 Designating Party shall bear the burden and expense of seeking protection in that court 16 of its confidential material and nothing in these provisions should be construed as 17 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 18 directive from another court. 19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 20 PRODUCED IN THIS LITIGATION 21 (a) The terms of this Order are applicable to information produced by a Non- 22 Party in this Action and designated as “CONFIDENTIAL" or "HIGHLY 23 CONFIDNETIAL - ATTORNEYS' EYES ONLY.” Such information produced by a 24 Non-Party in connection with this litigation is protected by the remedies and relief 25 provided by this Order. Nothing in these provisions should be construed as prohibiting 26 a Non-Party from seeking additional protections. 27 (b) In the event that a Party is required, by a valid discovery request, to produce 28 a Non-Party’s confidential information in its possession, and the Party is subject to an 12 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 agreement with the Non-Party not to produce the Non-Party’s confidential 2 information, then the Party shall: (1) promptly notify in writing the requesting Party and the Non-Party 3 4 that some or all of the information requested is subject to a confidentiality agreement 5 with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated 6 7 Protective Order in this Action, the relevant discovery request(s), and a reasonably 8 specific description of the information requested; and (3) make the information requested available for inspection by the Non- 9 10 Party, if requested. (c) If the Non-Party fails to seek a protective order from this court within 14 12 days of receiving the notice and accompanying information, the Receiving Party may (213) 623-6546 ADLI LAW GROUP, P.C. 11 13 produce the Non-Party’s confidential information responsive to the discovery request. 14 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 15 any information in its possession or control that is subject to the confidentiality 16 agreement with the Non-Party before a determination by the court. Absent a court 17 order to the contrary, the Non-Party shall bear the burden and expense of seeking 18 protection in this court of its Protected Material. 19 (d) If a Party seeks or obtains any Disclosure or Discovery Material from a 20 Non-Party, any Party may designate as Protected Material any such Disclosure or 21 Discovery Material so long as the material otherwise meets the conditions for being 22 designated as Protected Material set forth herein. 23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Stipulated Protective Order, the Receiving Party must immediately: (a) notify in 27 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 28 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 13 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 persons to whom unauthorized disclosures were made of all the terms of this Order, 2 and (d) request such person or persons to execute the “Acknowledgment and 3 Agreement to Be Bound” that is attached hereto as Exhibit A. 4 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 PROTECTED MATERIAL 6 When a Producing Party gives notice to Receiving Party that certain 7 inadvertently produced material is subject to a claim of privilege or other protection, 8 the obligations of the Receiving Party are those set forth in Federal Rule of Civil 9 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 10 may be established in an e-discovery order that provides for production without prior 12 parties reach an agreement on the effect of disclosure of a communication or (213) 623-6546 ADLI LAW GROUP, P.C. 11 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 13 information covered by the attorney-client privilege or work product protection, the 14 parties may incorporate their agreement in the stipulated protective order submitted 15 to the court. 16 12. MISCELLANEOUS 17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 18 person to seek its modification by the Court in the future. 19 12.2 Right to Assert Other Objections. By stipulating to the entry of this 20 Order, no Party waives any right it otherwise would have to object to disclosing or 21 producing any information or item on any ground not addressed in this Stipulated 22 Protective Order. Similarly, no Party waives any right to object on any ground to use 23 in evidence of any of the material covered by this Order. 24 12.3 Filing Protected Material. A Party that seeks to file under seal any 25 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 26 only be filed under seal pursuant to a court order authorizing the sealing of the specific 27 Protected Material at issue. If a Party's request to file Protected Material under seal 28 is denied by the court, then the Receiving Party may file the information in the public 14 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 record unless otherwise instructed by the court. 2 13. FINAL DISPOSITION 3 After the final disposition of this Action, as defined in paragraph 4, within 60 4 days of a written request by the Designating Party, each Receiving Party must return 5 all Protected Material to the Producing Party or destroy such material. Each Expert, 6 Professional Vendor, Consultant, and any other Non-Party who received any 7 Protected Material must return all Protected Material to the attorney who procured the 8 Acknowledgment and Agreement to Be Bound (Exhibit A) under which the Protected 9 Material was provided to the Expert, Professional Vendor, Consultant, or other Non10 Party. As used in this subdivision, “all Protected Material” includes all copies, 12 any of the Protected Material. (213) 623-6546 ADLI LAW GROUP, P.C. 11 abstracts, compilations, summaries, and any other format reproducing or capturing Whether the Protected Material is returned or 13 destroyed, the Receiving Party must submit a written certification to the Producing 14 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 15 deadline that: (1) identifies (by category, where appropriate) all the Protected Material 16 that was returned or destroyed, (2) identifies each Expert, Professional Vendor, 17 Consultant, or other Non-Party to whom the Receiving Party provided Protected 18 Material, or who otherwise received Protected Material, and affirms that each such 19 person returned to the Receiving Party all such Protected Material and (3) affirms that 20 the Receiving Party has not retained any copies, abstracts, compilations, summaries 21 or any other format reproducing or capturing any of the Protected Material. 22 Notwithstanding this provision, Outside Counsel of Record 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 such 26 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). 15 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 14. 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 5 FOR GOOD CAUSE IT IS SO ORDERED. 6 7 8 9 Dated: 9/6/2018 By: 10 Hon. Karen Karen E. Scott United States Magistrate Judge 12 (213) 623-6546 ADLI LAW GROUP, P.C. 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full street address], declare under penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective Order 6 that was issued by the United States District Court for the Central District of 7 California on _______ [date] in the case of NEW AGE IMPORTERS, INC., a 8 California corporation v. VD Importers, Inc., a Florida corporation, et al.., Case No. 9 8:17-cv-02154-CJC-KES. I agree to comply with and to be bound by all the terms of 10 this Stipulated Protective Order and I understand and acknowledge that failure to so 12 solemnly promise that I will not disclose in any manner any information or item that (213) 623-6546 ADLI LAW GROUP, P.C. 11 comply could expose me to sanctions and punishment in the nature of contempt. I 13 is subject to this Stipulated Protective Order to any person or entity except in strict 14 compliance with the provisions of this Order. Under penalty of perjury, I represent 15 that: (1) I am not a past or current employee, officer, director, manager, managing 16 agent, or member of a Party or of a Party’s competitor, (2) I am not related to any 17 employee, officer, director, manager, managing agent, or member of a Party or of a 18 Party’s competitor, (3) I do not anticipate becoming an employee, officer, director, 19 manager, managing agent, or member of a Party or of a Party’s competitor. 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 17 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 I further agree to submit to the jurisdiction of the United States District Court 2 for the Central District of California for the purpose of enforcing the terms of this 3 Stipulated Protective Order, even if such enforcement proceedings occur after 4 termination of this action. I hereby appoint __________________________ [print or 5 type full name] of _______________________________________ [print or type full 6 address and telephone number] as my California agent for service of process in 7 connection with this action or any proceedings related to enforcement of this 8 Stipulated Protective Order. 9 Date: ______________________________________ 10 12 (213) 623-6546 ADLI LAW GROUP, P.C. 11 City and State where sworn and signed: _________________________________ 13 Printed name: _______________________________ 14 15 Signature: __________________________________ 16 17 18 19 20 21 22 23 24 25 26 27 28 18 1013.210 STIPULATED [PROPOSED] PROTECTIVE ORDER
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