Fortune Management Corporation et al v. Hill Phoenix, Inc. et al, No. 8:2020cv00095 - Document 47 (C.D. Cal. 2020)
Court Description: ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth re Stipulation for Protective Order 46 . (see document for details) (hr)
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Fortune Management Corporation et al v. Hill Phoenix, Inc. et al Doc. 47 TUCKER ELLIS LLP Chicago ♦ Cleveland ♦ Columbus ♦Los Angeles ♦ San Francisco ♦ St. Louis 1 TUCKER ELLIS LLP DANIEL J. KELLY SBN 145088 2 daniel.kelly@tuckerellis.com 201 Mission Street, Suite 2310 3 San Francisco, CA 94105 Telephone: 415.617.2400 4 Facsimile: 415.617.2409 5 TUCKER ELLIS LLP Anthony D. Brosamle - SBN 208664 6 anthony.brosamle@tuckerellis.com 515 South Flower Street 7 Forty-Second Floor Los Angeles, CA 90071 8 Telephone: 213.430.3400 Facsimile: 213.430.3409 9 Attorneys for Defendant 10 HILL PHOENIX, INC. 11 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 15 FORTUNE MANAGEMENT CORPORATION, a California company 16 d/b/a SEAFOOD CITY, AFFILIATED FM INSURANCE COMPANY a/s/o 17 Fortune Management Corporation, a Rhode Island company, HONEYBEE 18 FOODS CORPORATION d/b/a JOLLIBEE, a Delaware company, 19 HONEYBEE FOODS CORPORATION d/b/a RED RIBBON BAKE SHOP, INC., 20 a Delaware company, SOMPO AMERICA INSURANCE COMPANY 21 f/k/a SOMPO JAPAN INSURANCE COMPANY OF AMERICA a/s/o 22 HONEYBEE FOODS CORPORATION, a North Carolina company, 23 AAV HOLDING, INC. d/b/a VALERIOS TROPICAL BAKESHOP, a California 24 company, and SECURITY NATIONAL INSURANCE COMPANY a/s/o AAV 25 HOLDING, INC., a Texas company 26 27 Case No. 8:20-cv-00095-DOC-ADS Assigned to District Judge David O. Carter and Magistrate Judge Autumn D. Spaeth ORDER GRANTING STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL DOCUMENTS AND INFORMATION PRODUCED OR REVEALED DURING DISCOVERY Plaintiffs, v. 28 ORDER GRANTING STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL DOCUMENTS AND INFORMATION 014765\000004\1517433 Dockets.Justia.com 1 HILL PHOENIX, INC., a Georgia company, HILL PHOENIX WIC, LLC, a 2 Georgia company, HILL PHOENIX DISTRIBUTION COMPANY, a Georgia 3 company, and JOHN DOES 1-10, unknown individuals and 4 companies 5 6 Defendants. The Court, having reviewed the Parties’ Stipulated Protective Order Regarding 7 Confidential Documents and Information Produced or Revealed During Discovery TUCKER ELLIS LLP Chicago ♦ Cleveland ♦ Columbus ♦Los Angeles ♦ San Francisco ♦ St. Louis 8 (“Stipulated Protective Order”) and finding good cause, hereby ORDERS that: 9 1. Any information, documents, materials or items (collectively “material”) 10 produced or provided by any party during discovery in this matter or at any deposition, 11 hearing or trial in this matter, may be designated by the producing party as 12 “Confidential”. 13 2. The producing party may designate material as “Confidential” by causing to 14 be placed upon the material the word “Confidential,” or similar words. Documents 15 designated as “Confidential” may be made available for inspection prior to the stamping 16 or labeling of them as such; however, such documents must be labeled or stamped as 17 “Confidential” prior to providing copies to counsel for the inspecting party. In the event 18 that “Confidential” material is elicited through questioning at the deposition of a 19 representative of a producing party or any other witness, the producing party or any party 20 may at the time of the deposition, or within thirty days of the conclusion of the 21 deposition, designate the deposition as “Confidential”. The designation of any material as 22 “Confidential” will also render “Confidential” any copies, excerpts, summaries, 23 disclosures or other documents containing the substance or content of such material. 24 3. Custody of and direct control over all copies of material designated as 25 “Confidential” and furnished to counsel for an inspecting party shall be retained at all 26 times by such counsel. Any materials, or copies thereof, produced by any party in this 27 litigation and designated “Confidential”, and any information contained in said materials 28 2 ORDER GRANTING STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL DOCUMENTS AND INFORMATION 014765\000004\1517433 1 or copies thereof, shall be used solely for the purpose of the prosecution or defense of this 2 action and shall not be used for conducting any other case or for any business or other 3 purposes whatsoever. For the purpose of conducting this litigation, information 4 designated “Confidential” shall be disclosed solely to the following persons, unless 5 additional persons are authorized by the Court: 6 a. the Court and its officers; 7 b. any director, officer, or employee of a party or the party who is requested by TUCKER ELLIS LLP Chicago ♦ Cleveland ♦ Columbus ♦Los Angeles ♦ San Francisco ♦ St. Louis 8 counsel for such party to work on this litigation; 9 c. counsel of record for any party; 10 d. the paralegals and clerical personnel who are engaged in assisting counsel of 11 12 record in this litigation; and e. such persons other than those referenced above who are retained by counsel 13 of record for any party to furnish technical or expert services and/or give 14 testimony with respect to the subject matter thereof for trial of this action. 15 Each such person referenced in this subparagraph and who is designated to 16 receive “Confidential” material shall, prior to receipt of such material, 17 execute an affidavit in the form attached hereto as Exhibit A, a copy of 18 which affidavit shall be served upon counsel of record for all parties within 19 ten (10) days of the execution thereof. 20 4. A producing party may make such use of its “Confidential” material as it 21 sees fit. Any party may consent to have material previously designated by it as 22 “Confidential” pursuant to the Stipulated Protective Order removed from the scope of the 23 Stipulated Protective Order by so notifying counsel in writing or by so stating on the 24 record at any hearing or deposition. 25 5. The production of “Confidential” material and the execution of the 26 Stipulated Protective Order shall not prejudice in any way the rights of any party to 27 object to the production of information, documents, materials or items it considers not 28 3 ORDER GRANTING STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL DOCUMENTS AND INFORMATION 014765\000004\1517433 1 subject to discovery, nor shall such actions prejudice in any way the rights of any party to 2 apply to the Court for any modification of the Stipulated Protective Order. Neither the 3 provisions of the Protective Order, nor any disclosure by any party pursuant to the 4 Protective Order, shall constitute a waiver at any time, or in any other litigation, of any 5 attorney-client or work product privilege, including the protections afforded by Federal 6 Rule of Evidence 501, that it may possess which arises, or has arisen, in litigation or 7 other matters outside this proceeding. TUCKER ELLIS LLP Chicago ♦ Cleveland ♦ Columbus ♦Los Angeles ♦ San Francisco ♦ St. Louis 8 6. In the event that any additional persons or entities become parties to this 9 litigation, their counsel shall not have access to “Confidential” material produced by the 10 parties until the newly-joined party, by its or his or her counsel, and the existing parties to 11 this action have so agreed in a Supplemental Stipulated Protective Order executed by all 12 parties. 13 7. Prior to the filing or submission into evidence in this action of any 14 “Confidential” material (including the filing of any pleadings which incorporate or 15 disclose “Confidential” material) by either counsel for the inspecting party or counsel for 16 the producing party, counsel for the inspecting party shall and counsel for the producing 17 party may seal said “Confidential” material in accordance with the local court rules for 18 filing material under seal, and the material shall remain under seal until the Court orders 19 otherwise. Such “Confidential” material shall not become a part of the public record in 20 this action, nor shall it otherwise be made available to the public. Only persons 21 authorized under the provisions of the Stipulated Protective Order, the Court (including 22 any court to which this action may be appealed or transferred), and persons employed by 23 or assisting the Court in this action shall be given access to any such “Confidential” 24 material or to any testimony or oral statements disclosing the substance thereof. 25 8. A party may, subject to the Rules of Evidence and any applicable orders of 26 the Court, use any information designated as “Confidential” for any purpose at trial of 27 this action or at any hearing before a judicial officer in this action, provided that notice is 28 4 ORDER GRANTING STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL DOCUMENTS AND INFORMATION 014765\000004\1517433 1 given to counsel for the party or witness providing the “Confidential” material, and 2 provided further that such counsel may at the time of such proposed use, and prior to the 3 disclosure of the “Confidential” material, move for an appropriate protective order. In 4 the event that any “Confidential” material is used in any court proceeding herein, it shall 5 not lose its confidential status through such use, and the parties shall take all steps 6 reasonably required to protect its confidentiality during such use. 7 9. All copies of “Confidential” material obtained from a producing party TUCKER ELLIS LLP Chicago ♦ Cleveland ♦ Columbus ♦Los Angeles ♦ San Francisco ♦ St. Louis 8 during discovery or during any hearing or trial in this matter, including copies, excerpts, 9 summaries, disclosures or other documents containing the substance or content of such 10 material, shall be returned to the producing party’s counsel or destroyed no later than ten 11 (10) days after final termination of this action, including all appeals. Upon such 12 termination, counsel of record shall notify counsel for the producing party of compliance, 13 but shall not be required to make any oath. Counsel shall make a reasonable effort to 14 retrieve or ensure the destruction of any document or information subject to the 15 Stipulated Protective Order from any party or non-party witness to whom such 16 information has been given, and shall notify counsel for the producing party of the failure 17 to retrieve or ensure the destruction of any such information. Such notification shall 18 include descriptive detail of any document not returned or destroyed. 19 10. The Stipulated Protective Order shall remain in full force and effect and 20 each person subject to this Order shall continue to be subject to the jurisdiction of this 21 Court, for the purposes of this Order, in perpetuity, and the Court shall not be divested of 22 jurisdiction of any person or of the subject matter of this Order by the occurrence of 23 conclusion of this case, or by the filing of a notice of appeal, or other pleading which 24 would have the effect of divesting this Court of jurisdiction of this matter generally. 25 11. All counsel shall at all times keep secure all notes, abstractions or other 26 work product derived from or containing confidential information, shall be obligated to 27 maintain the confidentiality of such work product, and shall not disclose or reveal the 28 5 ORDER GRANTING STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL DOCUMENTS AND INFORMATION 014765\000004\1517433 1 contents of said notes, abstractions, or other work product after the documents and 2 information are returned and surrendered. 3 12. Each court reporter taking any testimony relating to this matter shall be 4 informed of the provisions of the Stipulated Protective Order and shall agree to be bound 5 by those provisions. 6 13. No party shall be obligated to challenge the propriety of a confidentiality 7 designation at the time made, and a failure to do so shall not preclude a subsequent TUCKER ELLIS LLP Chicago ♦ Cleveland ♦ Columbus ♦Los Angeles ♦ San Francisco ♦ St. Louis 8 challenge thereto. In the event that any party disagrees at any stage of these proceedings 9 with the designation of any information as confidential, the parties shall first try to 10 resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, 11 the objecting party shall give notice to all parties of said objection. Within fourteen (14) 12 days after receipt of said objection, the producing party shall seek appropriate relief from 13 the Court. The parties involved in the dispute shall assist the objecting party in obtaining 14 an expedited ruling. Until the Court enters an Order changing the designation, or until 15 the party who designated the information as confidential gives written permission, the 16 information shall be given the protection provided for in this Order. Nothing in this 17 provision shall shift the burden of proving the confidential nature of the designated 18 material from the party making the designation. 19 14. The Stipulated Protective Order shall not be construed as an agreement or 20 admission by any party or its counsel: 21 a. That any material designated as “Confidential” is, in fact, confidential; or 22 b. With respect to the authenticity or relevance of any document designated as 23 “Confidential”. 24 /// 25 /// 26 /// 27 /// 28 6 ORDER GRANTING STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL DOCUMENTS AND INFORMATION 014765\000004\1517433 1 15. The Stipulation may be entered as an Order of the Court by consent of the 2 parties and shall be binding on the parties as of the date signed by their counsel on their 3 behalf. 4 5 IT IS SO ORDERED. 6 7 DATED: July 29, 2020 TUCKER ELLIS LLP Chicago ♦ Cleveland ♦ Columbus ♦Los Angeles ♦ San Francisco ♦ St. Louis 8 /s/ Autumn D. Spaeth AUTUMN D. SPAETH United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 ORDER GRANTING STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL DOCUMENTS AND INFORMATION 014765\000004\1517433 1 2 3 4 5 6 7 TUCKER ELLIS LLP Chicago ♦ Cleveland ♦ Columbus ♦Los Angeles ♦ San Francisco ♦ St. Louis 8 9 10 11 12 13 14 15 16 17 18 19 20 CERTIFICATE OF SERVICE This Certificate of Service is made in compliance with Local Rule 5.1.2 and Civ.R. 5(b). I am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action. My business address is 201 Mission Street, Suite 2310, San Francisco, CA 94105. On the date indicated below, a true and correct copy of the foregoing [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL DOCUMENTS AND INFORMATION PRODUCED OR REVEALED DURING DISCOVERY was lodged with Court and served electronically, and will be available for viewing and downloading from the Court’s CM/ECF system: The Notice of Electronic Case Filing automatically generated by the system and sent to all parties entitled to service under the Federal Rules of Civil Procedure and the Local Rules of the Central District of California who have consented to electronic service shall constitute service of the filed document to all such parties. Executed on, July 21, 2020, at San Francisco, CA. I declare under penalty of perjury that I am employed in the office of a member admitted to practice before the District Court for the Central District of California and ECF registered in this Court at whose direction the service was made and that the foregoing is true and correct. 21 22 23 By /s/ Anna Villanueva Anna Villanueva 24 25 26 27 28 CERTIFICATE OF SERVICE 014765\000004\1517433
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