Iula v. Graber Agency, Inc. et al, No. 3:2020cv00767 - Document 22 (S.D. Cal. 2020)
Court Description: ORDER Granting 17 Motion for Protective Order. Signed by Magistrate Judge Karen S. Crawford on 12/14/20. (dlg)
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Iula v. Graber Agency, Inc. et al Doc. 22 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 KAREN IULA, an individual, Case No.: 20cv767 GPC KSC Plaintiff, PROTECTIVE ORDER v. GRABER AGENCY, INC., an unknown business entity; JODY GRABER, an individual; and DOES 1 through 25, inclusive, Defendants. 18 19 20 The Court recognizes that at least some of the documents and information 21 (“materials”) being sought through discovery in the above-captioned action may 22 implicate good cause to seek the Court’s protection, as set forth in Federal Rule of Civil 23 Procedure 26(c). The purpose of this Order is to protect the confidentiality of such 24 materials as much as practical during the litigation. THEREFORE: 25 26 DEFINITIONS 1. The term “confidential information” will mean and include information 27 contained or disclosed in any materials, including documents, portions of documents, 28 1 CASE NO. 20cv767 GPC KSC PROTECTIVE ORDER Dockets.Justia.com 1 answers to interrogatories, responses to requests for admissions, trial testimony, 2 deposition testimony, and transcripts of trial testimony and depositions, including data, 3 summaries, and compilations derived therefrom that is deemed to be confidential 4 information by any party to which it belongs. 5 2. The term “materials” will include, but is not be limited to: documents; 6 correspondence; memoranda; bulletins; blueprints; specifications; customer lists or other 7 material that identify customers or potential customers; price lists or schedules or other 8 matter identifying pricing; minutes; telegrams; letters; statements; cancelled checks; 9 contracts; invoices; drafts; books of account; worksheets; notes of conversations; desk 10 diaries; appointment books; expense accounts; recordings; photographs; motion pictures; 11 compilations from which information can be obtained and translated into reasonably 12 usable form through detection devices; sketches; drawings; notes; reports; instructions; 13 disclosures; other writings; models and other physical objects. 14 3. The term “counsel” will mean outside counsel of record, and other attorneys, 15 paralegals, secretaries, and other support staff employed in the law firms identified 16 below: Gruenberg Law, Walden Macht & Haran LLP, Schor Vogelzang & Chung LLP, 17 and the Law Office of Bryan L. Rozencwaig. GENERAL RULES 18 19 4. Each party to this litigation that produces or discloses any materials, answers 20 to interrogatories, responses to requests for admission, trial testimony, deposition 21 testimony, and transcripts of trial testimony and depositions, or information that the 22 producing party believes should be subject to this Protective Order may designate the 23 same as “CONFIDENTIAL” or “CONFIDENTIAL - FOR COUNSEL ONLY.” 24 a. Designation as “CONFIDENTIAL”: Any party may designate 25 information as “CONFIDENTIAL” only if, in the good faith belief of 26 such party and its counsel, the unrestricted disclosure of such 27 28 2 CASE NO. 20cv767 GPC KSC PROTECTIVE ORDER 1 information could be potentially prejudicial to the business or 2 operations of such party. b. 3 Designation as “CONFIDENTIAL - FOR COUNSEL ONLY”: Any 4 party may designate information as “CONFIDENTIAL - FOR 5 COUNSEL ONLY” only if, in the good faith belief of such party and 6 its counsel, the information is among that considered to be most 7 sensitive by the party, including but not limited to trade secret or other 8 confidential research, development, financial or other commercial 9 information. 10 5. In the event the producing party elects to produce materials for inspection, 11 no marking need be made by the producing party in advance of the initial inspection. For 12 purposes of the initial inspection, all materials produced will be considered as 13 “CONFIDENTIAL - FOR COUNSEL ONLY,” and must be treated as such pursuant to 14 the terms of this Order. Thereafter, upon selection of specified materials for copying by 15 the inspecting party, the producing party must, within a reasonable time prior to 16 producing those materials to the inspecting party, mark the copies of those materials that 17 contain confidential information with the appropriate confidentiality marking. 18 6. Whenever a deposition taken on behalf of any party involves a disclosure of 19 confidential information of any party: 20 a. the deposition or portions of the deposition must be designated as 21 containing confidential information subject to the provisions of this 22 Order; such designation must be made on the record whenever 23 possible, but a party may designate portions of depositions as 24 containing confidential information after transcription of the 25 proceedings; [A] party will have until fourteen (14) days after receipt 26 of the deposition transcript to inform the other party or parties to the 27 action of the portions of the transcript to be designated 28 3 CASE NO. 20cv767 GPC KSC PROTECTIVE ORDER 1 “CONFIDENTIAL” or “CONFIDENTIAL - FOR COUNSEL 2 ONLY.” b. 3 the disclosing party will have the right to exclude from attendance at 4 the deposition, during such time as the confidential information is to 5 be disclosed, any person other than the deponent, counsel (including 6 their staff and associates), the court reporter, and the person(s) agreed 7 upon pursuant to paragraph 9 below; and c. 8 the originals of the deposition transcripts and all copies of the deposition must bear the legend “CONFIDENTIAL” or 9 10 “CONFIDENTIAL - FOR COUNSEL ONLY,” as appropriate, and 11 the original or any copy ultimately presented to a court for filing must 12 not be filed unless it can be accomplished under seal, identified as 13 being subject to this Order, and protected from being opened except 14 by order of this Court. 15 7. All confidential information designated as “CONFIDENTIAL” or 16 “CONFIDENTIAL FOR COUNSEL ONLY” must not be disclosed by the receiving 17 party to anyone other than those persons designated within this order and must be 18 handled in the manner set forth below and, in any event, must not be used for any 19 purpose other than in connection with this litigation, unless and until such designation is 20 removed either by agreement of the parties, or by order of the Court. 21 8. Information designated “CONFIDENTIAL - FOR COUNSEL ONLY” must 22 be viewed only by counsel (as defined in paragraph 3) of the receiving party, and by 23 independent experts retained or consulted under the conditions set forth in this Paragraph. 24 The party who intends to provide any confidential information to any independent expert 25 (i.e., the notifying party) must provide advance notice to the producing party, including 26 the name and curriculum vitae of the proposed independent expert, and an executed copy 27 of the form attached hereto as Exhibit A, in advance of providing any confidential 28 4 CASE NO. 20cv767 GPC KSC PROTECTIVE ORDER 1 information of the producing party to the expert. If there is an objection that is not 2 resolved consensually between the parties, the objecting party must move the Court for a 3 ruling on the objection within fourteen (14) days of such advance notice of the notifying 4 party. In that case, the notifying party will not provide such confidential information to 5 the independent expert until the Court has ruled on the objection or the matter has been 6 otherwise resolved. 7 Confidential information may be disclosed to an independent expert if the fourteen 8 (14) day period has passed and no objection has been made. The approval of independent 9 experts must not be unreasonably withheld. 10 9. Information designated “confidential” must be viewed only by counsel (as 11 defined in paragraph 3) of the receiving party, and any independent expert retained or 12 consulted by any party in connection with the litigation (pursuant to the terms of 13 paragraph 8), by court personnel, and by the additional individuals listed below, provided 14 each such individual has read this Order in advance of disclosure and has agreed in 15 writing to be bound by its terms: a) 16 Executives who are required to participate in policy decisions with reference to this action; 17 b) 18 Technical personnel of the parties with whom Counsel for the parties 19 find it necessary to consult, in the discretion of such counsel, in 20 preparation for trial of this action; and c) 21 identified above. 22 d) 23 24 Stenographic and clerical employees associated with the individuals 10. The Parties to this proceeding. With respect to material designated “CONFIDENTIAL” or 25 “CONFIDENTIAL – FOR COUNSEL ONLY,” any person indicated on the face of the 26 document to be its originator, author or a recipient of a copy of the document, may be 27 shown the same. 28 5 CASE NO. 20cv767 GPC KSC PROTECTIVE ORDER 1 11. All information which has been designated as “CONFIDENTIAL” or 2 “CONFIDENTIAL -FOR COUNSEL ONLY” by the producing or disclosing party, and 3 any and all reproductions of that information, must be retained in the custody of the 4 counsel for the receiving party identified in paragraph 3, except that independent experts 5 authorized to view such information under the terms of this Order may retain custody of 6 copies such as are necessary for their participation in this litigation. 7 12. Before any materials produced in discovery, answers to interrogatories, 8 responses to requests for admissions, deposition transcripts, or other documents which 9 are designated as confidential information are filed with the Court for any purpose, the 10 party seeking to file such material must seek permission of the Court to file the material 11 under seal. 12 13. At any stage of these proceedings, any party may object to a designation of 13 the materials as confidential information. The party objecting to confidentiality must 14 notify, in writing, counsel for the designating party of the objected-to materials and the 15 grounds for the objection. If the dispute is not resolved consensually between the parties 16 within seven (7) days of receipt of such a notice of objections, the objecting party may 17 move the Court for a ruling on the objection. The materials at issue must be treated as 18 confidential information, as designated by the designating party, until the Court has ruled 19 on the objection or the matter has been otherwise resolved. 20 14. All confidential information must be held in confidence by those inspecting 21 or receiving it, and must be used only for purposes of this action. Counsel for each party, 22 and each person receiving confidential information must take reasonable precautions to 23 prevent the unauthorized or inadvertent disclosure of such information. If confidential 24 information is disclosed to any person other than a person authorized by this Order, the 25 party responsible for the unauthorized disclosure must immediately bring all pertinent 26 facts relating to the unauthorized disclosure to the attention of the other parties and, 27 without prejudice to any rights and remedies of the other parties, make every effort to 28 6 CASE NO. 20cv767 GPC KSC PROTECTIVE ORDER 1 prevent further disclosure by the party and by the person(s) receiving the unauthorized 2 disclosure. 3 15. No party will be responsible to another party for disclosure of confidential 4 information under this Order if the information in question is not labeled or otherwise 5 identified as such in accordance with this Order. 6 16. If a party, through inadvertence, produces any confidential information 7 without labeling or marking or otherwise designating it as such in accordance with this 8 Order, the designating party may give written notice to the receiving party that the 9 document or thing produced is deemed confidential information, and that the document 10 or thing produced should be treated as such in accordance with that designation under this 11 Order. The receiving party must treat the materials as confidential, once the designating 12 party so notifies the receiving party. If the receiving party has disclosed the materials 13 before receiving the designation, the receiving party must notify the designating party in 14 writing of each such disclosure. Counsel for the parties will agree on a mutually 15 acceptable manner of labeling or marking the inadvertently produced materials as 16 “CONFIDENTIAL” or “CONFIDENTIAL - FOR COUNSEL ONLY” - SUBJECT TO 17 PROTECTIVE ORDER. 18 17. Nothing within this order will prejudice the right of any party to object to the 19 production of any discovery material on the grounds that the material is protected as 20 privileged or as attorney work product. 21 18. Nothing in this Order will bar counsel from rendering advice to their clients 22 with respect to this litigation and, in the course thereof, relying upon any information 23 designated as confidential information, provided that the contents of the information must 24 not be disclosed. 25 19. This Order will be without prejudice to the right of any party to oppose 26 production of any information for lack of relevance or any other ground other than the 27 mere presence of confidential information. The existence of this Order must not be used 28 7 CASE NO. 20cv767 GPC KSC PROTECTIVE ORDER 1 by either party as a basis for discovery that is otherwise improper under the Federal Rules 2 of Civil Procedure. 3 20. Nothing within this order will be construed to prevent disclosure of 4 confidential information if such disclosure is required by law or by order of the Court. 5 21. Upon final termination of this action, including any and all appeals, counsel 6 for each party must, upon request of the producing party, return all confidential 7 information to the party that produced the information, including any copies, excerpts, 8 and summaries of that information, or must destroy same at the option of the receiving 9 party, and must purge all such information from all machine-readable media on which it 10 resides. Notwithstanding the foregoing, counsel for each party may retain all pleadings, 11 briefs, memoranda, motions, and other documents filed with the Court that refer to or 12 incorporate confidential information, and will continue to be bound by this Order with 13 respect to all such retained information. Further, attorney work product materials that 14 contain confidential information need not be destroyed, but, if they are not destroyed, the 15 person in possession of the attorney work product will continue to be bound by this Order 16 with respect to all such retained information. 17 22. The restrictions and obligations set forth within this order will not apply to 18 any information that: (a) the parties agree should not be designated confidential 19 information; (b) the parties agree, or the Court rules, is already public knowledge; (c) the 20 parties agree, or the Court rules, has become public knowledge other than as a result of 21 disclosure by the receiving party, its employees, or its agents in violation of this Order; or 22 (d) has come or will come into the receiving party’s legitimate knowledge independently 23 of the production by the designating party. Prior knowledge must be established by pre24 production documentation. 25 23. The restrictions and obligations within this order will not be deemed to 26 prohibit discussions of any confidential information with anyone if that person already 27 has or obtains legitimate possession of that information. 28 8 CASE NO. 20cv767 GPC KSC PROTECTIVE ORDER 1 24. Transmission by email or some other currently utilized method of 2 transmission is acceptable for all notification purposes within this Order. 3 25. This Order may be modified by agreement of the parties, subject to approval 4 by the Court. 5 26. The Court may modify the terms and conditions of this Order for good 6 cause, or in the interest of justice, or on its own order at any time in these proceedings. 7 The parties prefer that the Court provide them with notice of the Court's intent to modify 8 the Order and the content of those modifications, prior to entry of such an order. 9 27. Nothing shall be filed under seal, and the Court shall not be required to take 10 any action, without separate prior order by the Judge before whom the hearing or 11 proceeding will take place, after application by the affected party with appropriate notice 12 to opposing counsel. The parties shall follow and abide by applicable law, including Civ. 13 L.R. 79.2, ECF Administrative Policies and Procedures, Section II.j, and the chambers’ 14 rules, with respect to filing documents under seal. 15 28. The Court may modify the protective order in the interests of justice or for 16 public policy reasons. 17 IT IS SO ORDERED. 18 Dated: December 14, 2020 19 20 21 22 23 24 25 26 27 28 9 CASE NO. 20cv767 GPC KSC PROTECTIVE ORDER EXHIBIT A 1 2 3 The undersigned hereby acknowledges that he/she has read the Stipulation and Confidentiality Order (“Order”) entered in the United States District Court for the 4 5 Southern District of California, on ______________, 20__ in the action entitled, Karen 6 Iula v. Graber Agency, Inc. et al., USDC, SDCA Case No.: 20cv0767 GPC KSC, or has 7 been advised of its provisions or contents and understands the terms thereof. The 8 9 undersigned agrees not to use the confidential information defined therein for any purpose 10 other than in connection with the litigation of this case or as permitted by the Order, and 11 will not further disclose the confirmation information except in testimony taken in this case 12 13 or as permitted by the Order. 14 15 Date Signature 16 17 18 Print Name 19 20 Occupation 21 22 23 24 25 26 27 28 10 CASE NO. 20cv767 GPC KSC PROTECTIVE ORDER
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