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Tyrone Pennix v. Iap World Services

December 5, 2012


The opinion of the court was delivered by: Hon. Paul S. Grewal United States Magistrate Judge

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION Complaint Filed: July 6, 2012 Trial Date: November 12, 2013 Judge: Hon. Lucy H. Koh


3 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, 5 the parties hereby stipulate to and petition the court to enter the following Stipulated Protective 6


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 12.3, below, 10 that this Stipulated Protective Order does not entitle them to file confidential information under 11 seal; Civil Local Rule 79-5 and General Order 62 set forth the procedures that must be followed 12 and the standards that will be applied when a party seeks permission from the court to file material 13 under seal. 14

2.1. Challenging Party: a Party or Non-Party that challenges the designation of 16 information or items under this Order. 17

18 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 19

2.3. Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 21 well as their support staff). 22

23 produces in disclosures or in responses to discovery as "CONFIDENTIAL." 24

25 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 27 responses to discovery in this matter. 28


2.2. "CONFIDENTIAL" Information or Items: information (regardless of how it is Civil Procedure 26(c). 20

2.7. House Counsel: attorneys who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 5 6 entity not named as a Party to this action. 7 8 action but are retained to represent or advise a party to this action and have appeared in this action 9 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 10 11 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 12 13 2.8. Non-Party: any natural person, partnership, corporation, association, or other legal 2.9. Outside Counsel of Record: attorneys who are not employees of a party to this 2.10. Party: any party to this action, including all of its officers, directors, employees, 2.11. Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 14

2.4. Designating Party: a Party or Non-Party that designates information or items that it 2.5. Disclosure or Discovery Material: all items or information, regardless of the 2.6. 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 2 consultant in this action.

2.12. Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 16 storing, or retrieving data in any form or medium) and their employees and subcontractors. 17 18 2.13. Protected Material: any Disclosure or Discovery Material that is designated as 2.14. Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 21 The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all 24 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 25 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 26

However, the protections conferred by this Stipulation and Order do not cover the following 27 information: (a) any information that is in the public domain at the time of disclosure to a 28 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 2 record through trial or otherwise; and (b) any information known to the Receiving Party prior to the 3 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 4 information lawfully and under no obligation of confidentiality to the Designating Party. Any use 5 of Protected Material at trial shall be governed by a separate agreement or order. 6

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 order 9 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 10 defenses in this action, with or without prejudice; and (2) final judgment herein after the 11 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 12 including the time limits for filing any motions or applications for extension of time pursuant to 13 applicable law. 14

5.1. Exercise of Restraint and Care in Designating Material for Protection. Each Party or

Non-Party that designates information or items for protection under this Order must take care to 17 limit any such designation to specific material that qualifies under the appropriate standards. The 18

Designating Party must designate for protection only those parts of material, documents, items, or 19 oral or written communications that qualify -- so that other portions of the material, documents, 20 items, or communications for which protection is not warranted are not swept unjustifiably within 21 the ambit of this Order. 22

Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 23 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 24 encumber or retard the case development process or to impose unnecessary expenses and burdens 25 on other parties) expose the Designating Party to sanctions. 27 protection do not qualify for protection, that Designating Party must promptly notify all other 28


If it comes to a Designating Party's attention that information or items that it designated for Parties that it is withdrawing the mistaken designation.

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 4 designated before the material is disclosed or produced. 5 7 but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 8 5.2. Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 3 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents,

Party affix the legend "CONFIDENTIAL" to each page that contains protected material. If only a 9 portion or portions of the material on a page qualifies for protection, the Producing Party also must 10 clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 11

A Party or Non-Party that makes original documents or materials available for inspection 12 need not designate them for protection until after the inspecting Party has indicated which material 13 it would like copied and produced. During the inspection and before the designation, all of the 14 material made available for inspection shall be deemed "CONFIDENTIAL." After the inspecting 15

Party has identified the documents it wants copied and produced, the Producing Party must 16 determine which documents, or portions thereof, qualify for protection under this Order. Then, 17 before producing the specified documents, the Producing Party must affix the "CONFIDENTIAL" 18 legend to each page that contains Protected Material. If only a portion or portions of the material on 19 a page qualifies for protection, the Producing Party also must clearly identify the protected 20 portion(s) (e.g., by making appropriate markings in the margins). 21 22 the Designating Party identify on the record, before the close of the deposition, hearing, or other 23 proceeding, all protected testimony. 24

25 other tangible items, that the Producing Party affix in a prominent place on the exterior of the 26 container or containers in which the information or item is stored the legend "CONFIDENTIAL." 27

If only a portion or portions of the information or item warrant protection, the Producing Party, to 28 the extent practicable, shall ...

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