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Aramid Entertainment Fund Limited v. Bergstein

July 20, 2010


The opinion of the court was delivered by: The Honorable Magistrate Judge Paul L. Abrams


PROTECTIVE ORDER Action Filed: March 16, 2010


Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purposes other than prosecuting this litigation would be warranted. Accordingly, plaintiffs Aramid Entertainment Fund Limited and Cayman Film Holdings Limited (collectively "Plaintiffs") and defendants David Bergstein and Ronald Tutor (collectively "Defendants") petition the court to enter the following Protective Order for the pre-trial phase of this litigation. Plaintiffs and Defendants acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential. Plaintiffs and Defendants further acknowledge, as set forth in Section 9, below, that this Protective Order creates no entitlement to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and reflects the standards that will be applied when a party seeks permission from the court to file materials under seal.


2.1 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and outside counsel (and their support staff).

2.2 Disclosure or Discovery Material: all items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.

2.3 Confidential Information: information (regardless of how generated, stored or maintained) or tangible things that qualify for protection under standards developed under Rule 26(c) of the Federal Rules of Civil Procedure.

2.4 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

2.5 Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action.

2.6 Designating Party: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as "Confidential."

2.7 Protected Material: any Disclosure or Discovery Material that is designated as "Confidential."

2.8 Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action.

2.9 In-House Counsel: attorneys who are employees of a Party.

2.10 Counsel (without qualifier): Outside Counsel and In-House Counsel (as well as their support staffs).

2.11 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action who is not a past or current employee of a Party, and who, at the time of retention, is not anticipated to become an employee of a Party. This definition includes a professional jury or trial consultant retained in connection with this litigation.

2.12 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopy; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.


3.1 All Confidential Information Is To Be Protected: The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by parties or counsel to or in court or in other settings that might reveal Protected Material. At trial and in other public proceedings before the district court, the parties agree to seek leave to file Protected Material under seal but recognize that the decision whether to seal any particular document lies with the district judge.

3.2 Categories Of Documents And Information Covered: The parties are in the process of engaging in discovery that covers a wide range of subjects. The parties recognize the need to identify the types of documents and information subject to this Protective Order. The parties have identified the following categories of documents and information which require protection:

(A) Financial And Other Identifying Information About Defendants: Discovery in this action has implicated, and will continue to implicate, the production of documents that include personally identifying information, such as social security numbers and bank account numbers, about Defendants who are personal guarantors in this litigation.

There are a number of Federal and State privacy laws designed to prevent the disclosure of confidential consumer information. See e.g. The Gramm-Leach-Bliley Act, 15 U.S.C. § 6801; see also Cal. Fin. Code § 4051 (which notes that California law affords even greater privacy protections for consumers than the Gramm-LeachBliley Act); see also Cal. Civ. Code § 1798.85(a) (protecting disclosure of social security numbers). Federal courts have specifically protected personal consumer information from disclosure through use of protective orders. See Coleman v. Schwarzenegger, 2007 WL 4328476, *10 (E.D. Cal. 2007).

Recognizing these laws, and understanding that production of this type of information is inevitable in this lawsuit, the parties wish to take all steps to guard against ...

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