UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
March 11, 2011
JUVENAL ROBLES, PLAINTIFF,
LUCKY BRAND DUNGAREES, INC.,
The opinion of the court was delivered by: Jeremy Fogel Howard R. Lloyd United States District Judge Magistrate
STIPULATED PROTECTIVE ORDER [Re: Docket No. 27]
MODIFIED BY THE COURT confidential, proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective
1.PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of Order.
The parties acknowledge that this Order does not confer blanket
protections on all 7 disclosures or responses to discovery
and that the protection it affords from public disclosure and 8
use extends only to the limited information or items that are
entitled to confidential treatment under 9 the applicable
legal principles. The parties further acknowledge, as set forth in
Section 14.4, below, 10 that this Stipulated Protective
Order does not entitle them to file confidential information under
11 seal; Civil Local Rule 79-5 sets forth the procedures
that must be followed and the standards that 12 will be
applied when a party seeks permission from the court to file material
2.1 Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
is generated, stored or maintained) or tangible things
that qualify for protection under Federal Rule 18 of Civil
(as well as their support staff).
that it produces in disclosures or in responses to
discovery as "CONFIDENTIAL" or "HIGHLY 2.6 Disclosure or Discovery Material: all items or information,
regardless of the
medium or manner in which it is generated, stored, or
maintained (including, among other things, 26 testimony,
transcripts, and tangible things), that are produced or generated in
disclosures or responses to discovery in this matter.
2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel 2.5 Designating Party: a Party or Non-Party that designates information or items pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as an expert 3 witness or as a consultant in this action, (2) is not a past or current employee of a Party or of a Party or of a Party's competitor. or Items: extremely sensitive "Confidential Information or Items," disclosure of which to another 2.7 Expert: a person with specialized knowledge or experience in a matter Party's competitor, and (3) at the time of retention, is not anticipated to become an employee of a 2.8 "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" Information Party or Non-Party would create a substantial risk of serious harm that could not be avoided by less restrictive means. Counsel does not include Outside Counsel of Record or any other outside counsel. legal entity not named as a Party to this action. this action but are retained to represent or advise a party to this action and have appeared in this 16 action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs).
Material in this action. services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors. as "CONFIDENTIAL," or as "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY."
2.10 House Counsel: attorneys who are employees of a party to this action. House 2.11 Non-Party: any natural person, partnership, corporation, association, or other 2.12 Outside Counsel of Record: attorneys who are not employees of a party to 2.13 Party: any party to this action, including all of its officers, directors, 2.14 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 2.15 Professional Vendors: persons or entities that provide litigation support 2.16 Protected Material: any Disclosure or Discovery Material that is designated a Producing Party.
Material (as defined above), but also (1) any information copied or extracted from Protected 2.17 Receiving Party: a Party that receives Disclosure or Discovery Material from.SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. However, the protections conferred by this Stipulation and Order do not cover the 9 following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, including becoming part of the public record through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.
Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 19 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any motions or applications for extension of time pursuant to applicable law. For a period of six months after the final disposition of this litigation, this court will retain jurisdiction to enforce the terms of this order.
5.1 Exercise of Restraint and Care in Designating Material for Protection. Each DURATION.DESIGNATING PROTECTED MATERIAL
Party or Non-Party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards.
To the extent it is practical to do so, the Designating Party must designate for protection only those parts of material, documents, items, or oral or written communications that qualify -- so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order. are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case development process or to impose unnecessary expenses and burdens on other parties) expose the Designating Party to sanctions. designated for protection do not qualify for protection at all or do not qualify for the level of protection initially asserted, that Designating Party must promptly notify all other parties that it is withdrawing the mistaken designation.
Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Mass, indiscriminate, or routinized designations are prohibited. Designations that If it comes to a Designating Party's attention that information or items that it
5.2 Manner and Timing of Designations. Except as otherwise provided in this Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 15 designated before the material is disclosed or produced.
(a) for information in documentary form (e.g., paper or
documents, but excluding transcripts of depositions or
other pretrial or trial proceedings), that the
ATTORNEYS' EYES ONLY" 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 must clearly
identify the protected portion(s) (e.g., by making appropriate
markings in the margins) and must specify, for each
portion, the level of protection being asserted.
inspection need not designate them for protection until
after the inspecting Party has indicated 26 which material
it would like copied and produced. During the inspection and before
the 27 designation, all of the material made available for
inspection shall be deemed "HIGHLY
CONFIDENTIAL -- ATTORNEYS' EYES ONLY."
After the inspecting Party has identified Producing Party affix the legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - A Party or Non-Party that makes original documents or materials available for documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party must affix the appropriate legend ("CONFIDENTIAL" or Material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each portion, the level of protection being asserted. proceedings, that the Designating Party identify on the record, before the close of the deposition, 10 hearing, or other proceeding, all protected testimony and specify the level of protection being asserted. When it is impractical to identify separately each portion of testimony that is entitled to protection and it appears that substantial portions of the testimony may qualify for protection, the Designating Party may invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right to have up to days to identify the specific portions of the testimony as to which protection is sought and to specify the level of protection being asserted. Only those portions 16 of the testimony that are appropriately designated for protection within the days shall be covered by the provisions of this Stipulated Protective Order. Alternatively, a Designating Party may specify, at the deposition or up to 21 days afterwards if that period is properly invoked, that the 19 entire transcript shall be treated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL
Parties shall give the other parties notice if they reasonably expect a deposition, hearing or other proceeding to include Protected Material so that the other parties can ensure that 23 only authorized individuals who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A) are present at those proceedings. The use of a document as an exhibit at a deposition 25 shall not in any way affect its designation as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- 26
Transcripts containing Protected Material shall have an obvious legend on the title page that the transcript contains Protected Material, and the title page shall be followed by a list of "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY") to each page that contains Protected
(b) for testimony given in deposition or in other pretrial or
trial all pages (including line numbers as appropriate) that have been
designated as Protected Material 2 and the level of
protection being asserted by the Designating Party. The Designating
Party shall 3 inform the court reporter of these
requirements. Any transcript that is prepared before the 4
expiration of a 21-day period for designation shall be treated during
that period as if it had been 5 designated "HIGHLY
CONFIDENTIAL -- ATTORNEYS' EYES ONLY" in its entirety unless 6
otherwise agreed. After the expiration of that period, the
transcript shall be treated only as actually designated.
for any other tangible items, that the Producing Party
affix in a prominent place on the exterior of the
container or containers in which the information or item is stored the
legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY." If
only a 12 portion or portions of the information or item
warrant protection, the Producing Party, to the extent
practicable, shall identify the protected portion(s) and specify the
level of protection being asserted.
ATTORNEYS' EYES ONLY." 21
ATTORNEYS' EYES ONLY." 27
to designate qualified information or items does not,
standing alone, waive the Designating Party's right to
secure protection under this Order for such material. Upon timely
correction of a 17 designation, the Receiving Party must
make reasonable efforts to assure that the material is treated
in accordance with the provisions of this Order.
6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time. Unless a prompt challenge to a Designating Party's confidentiality designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a confidentiality designation by electing not to mount a challenge promptly after the original designation is disclosed. process by providing written notice of each designation it is challenging and describing the basis for 28 each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice (c) for information produced in some form other than documentary and 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure
6.CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution must recite that the challenge to confidentiality is being made in accordance with this specific 2 paragraph of the Protective Order. The parties shall attempt to resolve each challenge in good faith 3 and must begin the process by conferring directly (in voice to voice dialogue; other forms of 4 communication are not sufficient) within 14 days of the date of service of notice. In conferring, the 5
Challenging Party must explain the basis for its belief that the
confidentiality designation was not 6 proper and must give
the Designating Party an opportunity to review the designated
material, to reconsider the circumstances, and, if no
change in designation is offered, to explain the basis for the 8
chosen designation. A Challenging Party may proceed to the next
stage of the challenge process only if it has engaged in
this meet and confer process first or establishes that the Designating
Party is unwilling to participate in the meet and confer
process in a timely manner.
12 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court
Local Rule 7 (and in compliance with Civil Local Rule 79-5, if
applicable) within 21 days of the 14 initial notice of
challenge or within 14 days of the parties agreeing that the meet and
confer process 15 will not resolve their dispute, whichever
is earlier. Each such motion must be accompanied by a 16
competent declaration affirming that the movant has complied with the
meet and confer 17 requirements imposed in the preceding
paragraph. Failure by the Designating Party to make such a 18
motion including the required declaration within 21 days (or 14
days, if applicable) shall 19 automatically waive the
confidentiality designation for each challenged designation. In
addition, 20 the Challenging Party may file a motion
challenging a confidentiality designation at any time if 21
there is good cause for doing so, including a challenge to the
designation of a deposition transcript 22 or any portions
thereof. Any motion brought pursuant to this provision must be
accompanied by a 23 competent declaration affirming that the
movant has complied with the meet and confer 24 requirements
imposed by the preceding paragraph. 25
Designating Party and shall be by a preponderance of the evidence. Frivolous challenges and those 27 made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other 28 parties) may expose the Challenging Party to sanctions. Unless the Designating Party has waived the confidentiality designation by failing to file a motion to retain confidentiality as described 2 above, all parties shall continue to afford the material in question the level of protection to which it is entitled under the Producing Party's designation until the court rules on the challenge.
7.1 Basic Principles. A Receiving Party may use Protected Material
that is disclosed or produced by another Party or by a Non-Party
in connection with this case only for 7 prosecuting,
defending, or attempting to settle this litigation. Such Protected
Material may be 8 disclosed only to the categories of
persons and under the conditions described in this Order. When 9
the litigation has been terminated, a Receiving Party must
comply with the provisions of section 15 10 below (FINAL
DISPOSITION). Protected Material must be stored and maintained by a
Party at a location and in a secure manner that ensures that access is
limited to the persons authorized under this Order.
ordered by the court or permitted in writing by the
Designating Party, a Receiving Party may disclose any
information or item designated "CONFIDENTIAL" only to:
well as employees of said Outside Counsel of Record to
whom it is reasonably necessary to disclose 18 the
information for this litigation and who have signed the
"Acknowledgment and Agreement to Be
(b) the officers, directors, and employees (including House Counsel)
of the Receiving Party to whom disclosure is reasonably
necessary for this litigation and who have 22 signed the
"Acknowledgment and Agreement to Be Bound" (Exhibit A);
necessary for this litigation, who have signed the
"Acknowledgment and Agreement to Be Bound"
ACCESS TO AND USE OF PROTECTED MATERIAL
7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise
(a) the Receiving Party's Outside Counsel of Record in this action, as Bound" that is attached as Exhibit A;
(c) Non-Parties and their counsel to whom disclosure is reasonably
(Exhibit A) and to whom the Designating party has consented in writing
in advance of any such 26 disclosure; 27 28
disclosure is reasonably necessary for this litigation and
who have signed the "Acknowledgment and Agreement to Be
Bound" (Exhibit A);
(f) court reporters and their staff, professional jury or trial consultants, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who 7 have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A); reasonably necessary and who have signed the "Acknowledgment and Agreement to Be Bound"
(d) Experts (as defined in this Order) of the Receiving Party to whom
(e) the court and its personnel;
(g) during their depositions, witnesses in the action to whom disclosure is (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 11 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 12 separately bound by the court reporter and may not be disclosed to anyone except as permitted 13 under this Stipulated Protective Order. custodian or other person who otherwise possessed or knew the information.
Information or Items. Unless otherwise ordered by the court or permitted in writing by the
CONFIDENTIAL -- ATTORNEYS' EYES ONLY" only to: well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this litigation and who have signed the "Acknowledgment and Agreement to Be
(b) Designated House Counsel of the Receiving Party (1) who has no involvement in competitive decision-making, (2) to whom disclosure is reasonably necessary for this litigation, (3) who has signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A), and (4) as to whom the procedures set forth in paragraph 7.4(a)(1), below, have been followed;
(h) the author or recipient of a document containing the information or a
7.3 Disclosure of "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY"
Designating Party, a Receiving Party may disclose any information or item designated "HIGHLY
(a) the Receiving Party's Outside Counsel of Record in this action, as Bound" that is attached as Exhibit A; necessary for this litigation, who have signed the "Acknowledgment and Agreement to Be Bound" 3
(c) Non-Parties and their counsel to whom disclosure is reasonably (Exhibit A) and to whom the Designating party has consented in writing in advance of any such disclosure; necessary for this litigation, (2) who have signed the "Acknowledgment and Agreement to Be
(d) Experts of the Receiving Party (1) to whom disclosure is reasonably
Bound" (Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.4(a)(2), below, have 8 been followed; 9
(f) court reporters and their staff, professional jury or trial
consultants, and Professional Vendors to whom disclosure is reasonably
necessary for this litigation and who 12 have signed the
"Acknowledgment and Agreement to Be Bound" (Exhibit A); and 13
custodian or other person who otherwise possessed or knew
CONFIDENTIAL -- ATTORNEYS' EYES ONLY" Information or Items to Designated House
(a)(1) Unless otherwise ordered by the court or agreed to in writing by the Designating Party, the parties shall exchange names of a limited number of Designated House "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" information pursuant to this Order shall disclose any relevant changes in job duties or responsibilities prior to final disposition of the litigation to allow the Designating Party to evaluate any later-arising competitive decision-making responsibilities.
Designating Party, a Party that seeks to disclose to an Expert (as defined in this Order) any 27 information or item that has been designated "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES 28
ONLY" pursuant to paragraph 7.3(c) first must make a written request to the Designating Party that (e) the court and its personnel;
(g) the author or recipient of a document containing the information or a 7.4 Procedures for Approving or Objecting to Disclosure of "HIGHLY Counsel or Experts:
Counsel for purposes of disclosure under 7.3(b). Designated House Counsel who receives
(a)(2) Unless otherwise ordered by the court or agreed to in writing by the (1) identifies the general categories of "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES
ONLY" information that the Receiving Party seeks permission to disclose to the Expert, and (2) affirms the Expert is not a current officer, director, or employee of a competitor of a Party or anticipated to become one. paragraph (a)(2) above may disclose the subject Protected Material to the Expert unless, within 14 7 days of delivering the request, the Party receives a written objection from the Designating Party.
(c) A Party that receives a timely written objection must meet and
confer with the Designating Party (through direct voice to voice
dialogue) to try to resolve the matter by 11 agreement
within seven days of the written objection. If no agreement is
reached, the Party seeking 12 to make the disclosure to
Designated House Counsel or the Expert may file a motion as provided
in Civil Local Rule (and in compliance with Civil Local Rule 79-5, if
applicable) seeking permission 14 from the court to do so.
Any such motion must describe the circumstances with specificity, set
forth in detail the reasons why the disclosure to the
Expert is reasonably necessary, assess the risk of 16 harm
that the disclosure would entail, and suggest any additional means
that could be used to reduce 17 that risk. In addition, any
such motion must be accompanied by a competent declaration describing
18 the parties' efforts to resolve the matter by agreement
(i.e., the extent and the content of the meet 19 and confer
discussions) and setting forth the reasons advanced by the Designating
Party for its 20 refusal to approve the disclosure. In any
such proceeding, the Party opposing disclosure to the
Expert shall bear the burden of proving that the risk of harm that the
disclosure would entail (under 22 the safeguards proposed)
outweighs the Receiving Party's need to disclose the Protected
Material to its Designated House Counsel or Expert.
compels disclosure of any information or items designated
in this action as "CONFIDENTIAL" or
(b) A Party that makes a request and provides the information specified in Any such objection must set forth in detail the grounds on which it is based.
8.PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other
"HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" that Party must:
a copy of the subpoena or court order;
the other litigation that some or all of the material
covered by the subpoena or order is subject to this
Protective Order. Such notification shall include a copy of this
Stipulated Protective Order; and
Designating Party whose Protected Material may be affected.
subpoena or court order shall not produce any information
designated in this action as
(a) promptly notify in writing the Designating Party. Such notification shall include (b) promptly notify in writing the party who caused the subpoena or order to issue in (c) cooperate with respect to all reasonable procedures sought to be pursued by the
If the Designating Party timely seeks a protective order, the Party served with the "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" before a 11 determination by the court from which the subpoena or order issued, unless the Party has obtained the Designating Party's permission. The Designating Party shall bear the burden and expense of seeking protection in that court of its confidential material -- and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another court.
Party in this action and designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- 20
9.A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION
9.1 The terms of this Order are applicable to information produced by
a Non-ATTORNEYS' EYES ONLY." Such information produced by Non-Parties in
connection with this 21 litigation is protected by the
remedies and relief provided by this Order. Nothing in these 22
provisions should be construed as prohibiting a Non-Party from
seeking additional protections.
Non-Party's confidential information in its possession, other than confidential information provided in discovery in this action and designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL-26
ATTORNEYS' EYES ONLY," and the Party is subject to an agreement with the Non-Party not to 27 produce the Non-Party's confidential information, then the Party shall:
9.2 In the event that a Party is required, by a valid discovery request, to produce a that some or all of the information requested is subject to a confidentiality agreement with a Non-3
(b) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the information requested; and Party. within 14 days of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party's confidential information responsive to the discovery request. If the Non-12
Party timely objects or seeks a protective order, the Receiving Party shall not produce any information in its possession or control that is subject to the confidentiality agreement with the Non-14
Party before a determination by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this court of its Protected Material.
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
Protected Material to any person or in any circumstance not authorized under this Stipulated
(a) promptly notify in writing the Requesting Party and the Non-Party Party;
(c) make the information requested available for inspection by the Non- 9.3 If the Non-Party fails to object or seek a protective order from this court
10.UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
Protective Order, the Receiving Party must immediately (a) notify in writing the Designating Party 20 of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made 22 of all the terms of this Order, and (d) request such person or persons to execute the "Acknowledgment and Agreement to Be Bound" that is attached as Exhibit A.
27 privilege or of protection as trial-preparation material, the party making the claim may notify any 28 party that received the information of the claim and the basis for it. After being notified, a party
11.INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL
If information is inadvertently produced in discovery that is subject
to a claim of must promptly return or destroy the specified information and any
copies it has and may not sequester, use or disclose the
information until the claim is resolved. This includes a restriction
against presenting the information to the court for a
determination of the claim.
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.
Protective Order no Party waives any right it otherwise would have to object to disclosing or 9 producing any information or item on any ground not addressed in this Stipulated Protective Order.
Similarly, no Party waives any right to object on any ground to use in evidence of any of the material covered by this Protective Order.
Party or a court order secured after appropriate notice to all interested persons, a Party may not file in the public record in this action any Protected Material. A Party that seeks to file under seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 16 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 17 issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing 18 that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled 19 to protection under the law. If a Receiving Party's request to file Protected Material under seal 20 pursuant to Civil Local Rule 79-5(d) is denied by the court, then the Receiving Party may file the Protected Material in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by the court. Within 60 days after the final disposition of this action, as defined in paragraph 4,each Receiving Party must return all Protected Material to the Producing Party or destroy such 26 material. As used in this subdivision, "all Protected Material" includes all copies, abstracts, 27 compilations, summaries, and any other format reproducing or capturing any of the Protected 28
Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit
12.2 Right to Assert Other Objections. By stipulating to the entry of this
12.3 Filing Protected Material. Without written permission from the Designating
a written certification to the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has not 4 retained any copies, abstracts, compilations, summaries or any other format reproducing or 5 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 6 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 7 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 8 product, and consultant and expert work product, even if such materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 4.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
EDELSON MCGUIRE, LLP
By SEAN REIS Attorneys for Plaintiff JUVENAL ROBLES Dated: March 11, 2011 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
By BRIAN R. BLACKMAN
Attorneys for Defendant LUCKY BRAND DUNGAREES, INC. AS MODIFIED BY THE COURT,
ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: March __, 2011
EXHIBIT A,ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, [print or type full name], of print or type fulladdress], declare 5 under penalty of perjury that I have read in its entirety and understand the Stipulated Protective 6
February __, 2011 in the case of Juvenal Robles v. Lucky Brand Dungarees, Inc., Case No. 10-cv-8 Order and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order.
Northern District of California for the purpose of enforcing the terms of this Stipulated Protective
I hereby appoint [print or type full name] of print or type full address and telephone number] 18 as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order.
City and State where sworn and signed: [printed name]
Order that was issued by the United States District Court for the Northern District of California on 04846 JF. I agree to comply with and to be bound by all the terms of this Stipulated Protective
I further agree to submit to the jurisdiction of the United States District Court for the Order, even if such enforcement proceedings occur after termination of this action.
Date: Printed name:
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