United States District Court, C.D. California
ROBERT FORD, Individually and on behalf of all others similarly situated, Plaintiff,
NATURAL HEALTH TRENDS CORP., CHRIS T. SHARNG, and TIMOTHY S. DAVIDSON, Defendants.
Nicholas I. Porritt Adam M. Apton Adam C. McCall Levi &
Korsinsky LLP Laurence M. Rosen Jonathan Horne The Rosen Law
Firm, P.A. Lead Counsel for Co-Lead Plaintiffs.
Patrick E. Gibbs Angela L. Dunning Blake M. Zollar Cooley LLP
Counsel for Defendants.
STIPULATED PROTECTIVE ORDER STIPULATED ORDER
GOVERNING THE PRODUCTION, EXCHANGE, AND FILING OF
ALEXANDER F. MACKINNON, U.S. MAGISTRATE JUDGE
PURPOSES AND LIMITATIONS
in this action is likely to involve production of
confidential, proprietary, or private information for which
special protection from public disclosure 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 Order. The parties acknowledge that this Order
does not confer blanket protections on all disclosures or
responses to discovery and that the protection it affords
from public disclosure and use extends only to the limited
information or items that are entitled to confidential
treatment under the applicable legal principles.
GOOD CAUSE STATEMENT
action is likely to involve commercial, financial, legal
and/or strategic information for which special protection
from public disclosure and from use for any purpose other
than prosecution of this action is warranted. Such
confidential and proprietary materials and information
consist of, among other things, legal advice received from
counsel concerning compliance with various rules and
regulations, business strategy, and proprietary marketing and
recruitment practices involved in the operations of Natural
Health Trends Corp. Accordingly, to expedite the flow of
information, to facilitate the prompt resolution of disputes
over confidentiality of discovery materials, to adequately
protect information the parties are entitled to keep
confidential, to ensure that the parties are permitted
reasonable necessary uses of such material in preparation for
and in the conduct of trial, to address their handling at the
end of the litigation, and serve the ends of justice, a
protective order for such information is justified in this
matter. It is the intent of the parties that information will
not be designated as confidential for tactical reasons and
that nothing be so designated without a good faith belief
that it has been maintained in a confidential, non-public
manner, and there is good cause why it should not be part of
the public record of this case.
ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
parties further acknowledge, as set forth in Section 12.3,
below, that this Stipulated Protective Order does not entitle
them to file confidential information under seal; Local Civil
Rule 79-5 sets forth the procedures that must be followed and
the standards that will be applied when a party seeks
permission from the court to file material under seal.
Action: Robert Ford v. Natural Health Trends
Corp. et al., Case No. 2:16-cv-00255-TJH-AFM, and Li
v. Natural Health Trends Corp. et al., No.
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
“CONFIDENTIAL” Information or Items:
information (regardless of how it is generated, stored or
maintained) or tangible things that qualify for protection
under Federal Rule of Civil Procedure 26(c), and as specified
above in the Good Cause Statement.
Counsel: Outside Counsel of Record and House Counsel
(as well as their support staff).
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
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, testimony, transcripts, and tangible things), that
are produced or generated in disclosures or responses to
discovery in this matter.
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.
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.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Outside Counsel of Record: attorneys who are not
employees of a party to this Action but are retained to
represent or advise a party to this Action and have appeared
in this Action on behalf of that party or are affiliated with
a law firm which has appeared on behalf of that party, and
includes support staff.
Party: any party to this Action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this Action.
Professional Vendors: persons or entities that
provide litigation support 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
Protected Material: any Disclosure or Discovery
Material that is designated as “CONFIDENTIAL.”
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
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 copies, excerpts, summaries, or compilations of Protected
Material; and (3) any testimony, conversations, or
presentations by Parties or their Counsel that might reveal
the protections conferred by this Stipulation and Order do
not cover the 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. Further, nothing in
this Order shall prevent or restrict a Designating
Party's own disclosure or use of its own Protected
Material for any purpose.
in this Order shall be construed to prejudice any party's
right to use any Protected Material in court or in any court
filing with consent of the Designating Party or by order of
Order is without prejudice to the right of any party to seek
further or additional protection of any Protected Material or
to modify this Order in any way, including, without