United States District Court, C.D. California
R. FRIEDMAN (SBN 241904) ROM BAR-NISSIM (SBN 293356) FOX
ROTHSCHILD LLP Attorneys for Plaintiff and Counter Defendant,
LIAIGRE, INC. Scott Shaw (SBN 223592) L. Lisa Sandoval (SBN
310380) CALL & JENSEN Attorneys for Defendants and
Counter-Complainants CALIFORNIA FURNITURE COLLECTION, INC.
d/b/a ROBERT JAMES COLLECTION AND GINA B & COMPANY, INC.
KAREN E. SCOTT UNITED STATES MAGISTRATE JUDGE.
PURPOSE AND LIMITS OF THIS ORDER
in this action is likely to involve confidential,
proprietary, or private information requiring special
protection from public disclosure and from use for any
purpose other than this litigation. Thus, the Court enters
this Protective Order. This Order does not confer blanket
protections on all disclosures or responses to discovery, and
the protection it gives from public disclosure and use
extends only to the specific material entitled to
confidential treatment under the applicable legal principles.
This Order does not automatically authorize the filing under
seal of material designated under this Order. Instead, the
parties must comply with L.R. 79-5.1 if they seek to file
anything under seal. This Order does not govern the use at
trial of material designated under this Order.
DESIGNATING PROTECTED MATERIAL
party or non-party who designates information or items for
protection under this Order as “CONFIDENTIAL” (a
“designator”) must only designate specific
material that qualifies under the appropriate standards. To
the extent practicable, only those parts of documents, items,
or oral or written communications that require protection
shall be designated. Mass, indiscriminate, or routinized
designations are prohibited. Unjustified designations expose
the designator to sanctions, including the Court's
striking all confidentiality designations made by that
designator. Designation under this Order is allowed only if
the designation is reasonably necessary to protect
information (regardless of how generated, stored, or
maintained) or tangible things that constitute or reveal any
confidential, proprietary, trade secret, and/or private
information and that qualifies for protection under standards
developed under applicable law. Material may not be
designated if it has been made public. If a designator learns
that information or items that it designated for protection
do not qualify for protection at all or do not qualify for
the level of protection initially asserted, that designator
must promptly notify all parties that it is withdrawing the
Manner and Timing of Designations.
under this Order requires the designator to affix the
applicable legend (“CONFIDENTIAL”) to each page
that contains protected material. For testimony given in
deposition or other proceeding, the designator shall specify
all protected testimony. It may make that designation during
the deposition or proceeding, or may invoke, on the record or
by written notice to all parties on or before the expiration
of the third business day following completion of the
applicable deposition or proceeding, a right to have up to 21
days from the deposition or proceeding to make its
A party or non-party that makes original documents or
materials available for inspection need not designate them
for protection until after the inspecting party has
identified which material it would like copied and produced.
During the inspection and before the designation, all
material shall be treated as “CONFIDENTIAL.”
After the inspecting party has identified the documents it
wants copied and produced, the producing party must designate
the documents, or portions thereof, that qualify for
protection under this Order.
Parties shall give advance notice if they expect a deposition
or other proceeding to include designated material so that
the other parties can ensure that only authorized individuals
are present at those proceedings when such material is
disclosed or used. The use of a document as an exhibit at a
deposition shall not in any way affect its designation.
Transcripts containing designated material shall have a
legend on the title page noting the presence of designated
material, and the title page shall be followed by a list of
all pages (including line numbers as appropriate) that have
been designated, and the level of protection being asserted.
The designator shall inform the court reporter of these
requirements. Any transcript that is prepared before the
expiration of the 21-day period for designation shall be
treated during that period as if it had been designated
“CONFIDENTIAL” unless otherwise agreed. After the
expiration of the 21-day period, the transcript shall be
treated only as actually designated.
Inadvertent Failures to Designate.
inadvertent failure to designate does not, standing alone,
waive protection under this Order. Upon timely assertion or
correction of a designation, all recipients must make
reasonable efforts to ensure that the material is treated
according to this Order. If material is designated as
“Confidential” after the material was initially
produced, the receiving party, upon notification by the
designator, shall immediately treat the material as fully
subject to this Order as if it had been initially so
designated and shall make reasonable and good faith efforts
to assure that the material, including, but not limited to,
any analyses, memoranda, or notes which were internally
generated based upon such material, is treated in accordance
with the provisions of this Order; provided, however, that
the receiving party shall not incur liability for any
previous treatment of such information in conformance with
its original designation or lack thereof.