United States District Court, C.D. California
PROTECTIVE ORDER FOR DOCUMENTS SUBMITTED TO AND USED
BY SPECIAL MASTERS
Jay C. Gandhi UNITED STATES DISTRICT COURT MAGISTRATE JUDGE
PARTIES AND THEIR ATTORNEYS OF RECORD:
Court has reviewed the stipulation for protective order by
the parties. Good cause appearing, the Court hereby enters a
protective order and orders as follows:
Graphics that Defendant reasonably believes in good faith are
confidential and/or proprietary, and qualify for protection
under Federal Rule of Civil Procedure 26(c), may be
designated as such at the time of production
(“Confidential Graphics”). Defendant must take
care to limit any such designation to specific material that
qualifies under the appropriate standards. Defendant must
designate for protection only those parts of the Graphics
that qualifies as confidential so that other portions of
Graphics for which protection is not warranted are not swept
unjustifiably within the ambit of this Protective Order.
Mass, indiscriminate, or routinized designations are
prohibited. Designations that are shown to be clearly
unjustified or that have been made for an improper purpose
(e.g., to unnecessarily encumber the case development process
or to impose unnecessary expenses and burdens on other
parties) may expose the designating party to sanctions. The
copies of any Confidential Graphics disclosed pursuant to
this Protective Order must be distinctively marked, and such
marking must not obscure or obliterate the content of the
Graphics, with substantially the following language:
“CONFIDENTIAL - UNLAWFUL TO DUPLICATE.”
Thereafter, the Special Masters shall not convey, transfer,
publish, distribute, copy, duplicate or disseminate the
Confidential Graphics so provided except as may be reasonably
necessary for drafting their reports pursuant to the
Confidential Graphics are to be shared, shown or discussed
with the plaintiffs themselves or any other convicted felons.
Unless the Court orders otherwise, Confidential Graphics may
be disclosed to the Special Masters; one designated assistant
for each Special Master that is made known to the parties;
counsel of record; paralegal, attorney, stenographic,
clerical and secretarial personnel employed by counsel of
record; and court personnel.
Confidential Graphics may be released to additional
individuals aside from those described in Paragraph D above
upon written agreement by the parties and/or by order of the
parties may not publicly file any Confidential Graphics in
the Special Masters Reports submitted to the Court and
Plaintiffs. Any such Confidential Graphics included in the
Special Masters Reports must be redacted in the public report
as filed, and the unredacted reports will be filed under
seal. Only the Confidential Graphics in the Special Masters
Report shall be redacted.
Confidential Graphics may be publicly filed in unredacted
form in the Special Masters Reports only upon written
agreement by the parties and further Order of this Court.
Confidential Graphics shall be redacted from copies of the
reports by the Special Masters that are made available to the
general public. Only the Confidential Graphics in the Special
Masters Report shall be redacted. The counsel for plaintiffs
shall receive unredacted copies of the reports.
Confidential Graphics produced pursuant to this Protective
Order may not be used for any purpose other than preparation
of the Special Masters' Reports.
Prior to the dissemination of any Confidential Graphics to
the Special Masters pursuant to this Protective Order,
counsel for Defendant shall inform the Special Masters of the
terms and conditions of this Protective Order and secure each
Special Master's written, faxed, or emailed agreement to
be bound by it. The written agreement will be produced to
counsel for the Plaintiff.
Special Masters shall take reasonable precautions to prevent
the unauthorized or inadvertent ...