Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 1 of 23 Page ID #:219
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`Rudolph A. Telscher, Jr.* (MO Bar No. 41072)
`rudy.telscher@huschblackwell.com
`Brendan R. Zee-Cheng* (MO Bar No. 66977)
`
`brendan.zee-cheng@huschblackwell.com
`HUSCH BLACKWELL LLP
`190 Carondelet Plaza, Suite 600
`St. Louis, MO 63105
`314-480-1500 Telephone
`*Pro Hac Vice
`
`Ben M. Davidson (CA Bar No. 181464)
`ben@dlgla.com
`Craig S. Hubble (CA Bar No. 200789)
`craig@dlgla.com
`DAVIDSON LAW GROUP, ALC
`4500 Park Granada Blvd, Suite 202
`Calabasas, California 91302
`310-473-2300 Telephone
`
`
`Attorneys for Plaintiff ASI Food Safety, LLC
`
`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`ASI FOOD SAFETY, LLC,
`
`Case No.: 2:21-cv-01022-RSWL-E
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`STIPULATED PROTECTIVE
`ORDER
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`Plaintiff,
`
`v.
`
`HYBCO U.S.A.,
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`Defendant.
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`HYBCO U.S.A.,
`
` Third-Party Plaintiff,
`
`v.
`
`SAMUEL CONTRERAS, individually
`and doing business as
`SC FOOD SAFETY SOLUTIONS,
`
` Third-Party Defendant.
`
`STIPULATED PROTECTIVE ORDER
`
`CASE NO. 2:21-cv-01022-RSWL-E
`
`

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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 2 of 23 Page ID #:220
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`1.
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`PURPOSES AND LIMITATIONS
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`Discovery in this action is likely to involve production of confidential,
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`proprietary, or private information for which special protection from public
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`disclosure and from use for any purpose other than prosecuting this litigation may
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`be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
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`enter the following Stipulated Protective Order. The parties acknowledge that this
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`Order does not confer blanket protections on all disclosures or responses to
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`discovery and that the protection it affords from public disclosure and use extends
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`only to the limited information or items that are entitled to confidential treatment
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`under the applicable legal principles. The parties further acknowledge, as set forth
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`in Section 12.3, below, that this Stipulated Protective Order does not entitle them
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`to file confidential information under seal; Civil Local Rule 79-5 sets forth the
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`procedures that must be followed and the standards that will be applied when a
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`party seeks permission from the court to file material under seal.
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`2.
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`GOOD CAUSE STATEMENT
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`This action is likely to involve trade secrets, customer and pricing lists and
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`other valuable research, development, commercial, financial, technical and/or
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`proprietary information for which special protection from public disclosure and
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`from use for any purpose other than prosecution of this action is warranted. Such
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`confidential and proprietary materials and information consist of, among other
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`things, confidential business or financial information, information regarding
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`confidential business practices, or other confidential research, development, or
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`commercial information (including information implicating privacy rights of third
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`parties), information otherwise generally unavailable to the public, or which may
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`be privileged or otherwise protected from disclosure under state or federal statutes,
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`court rules, case decisions, or common law. Accordingly, to expedite the flow of
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`information, to facilitate the prompt resolution of disputes over confidentiality of
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`discovery materials, to adequately protect information the parties are entitled to
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`STIPULATED PROTECTIVE ORDER
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`1
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`CASE NO. 2:21-cv-01022-RSWL-E
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 3 of 23 Page ID #:221
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`keep confidential, to ensure that the parties are permitted reasonable necessary uses
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`of such material in preparation for and in the conduct of trial, to address their
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`handling at the end of the litigation, and serve the ends of justice, a protective order
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`for such information is justified in this matter. It is the intent of the parties that
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`information will not be designated as “Confidential” or “Highly Confidential -
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`Attorneys Eyes Only” for tactical reasons and that nothing be so designated
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`without a good faith belief that it has been maintained in a confidential, non-public
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`manner, and there is good cause why it should not be part of the public record of
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`this case.
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`3.
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`DEFINITIONS
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`3.1 Action: this pending federal law suit.
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`3.2 Challenging Party: a Party or Non-Party that challenges the
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`designation of information or items under this Order.
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`3.3
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`“CONFIDENTIAL” Information or Items: information (regardless of
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`how it is generated, stored or maintained) or tangible things that
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`qualify for protection under Federal Rule of Civil Procedure 26(c),
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`and as specified above in the Good Cause Statement.
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`3.4 Counsel (without qualifier): Outside Counsel of Record and House
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`Counsel (as well as
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`their support staff).
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`3.5 Designating Party: a Party or Non-Party that designates information or
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`items that it produces in disclosures or in responses to discovery as
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`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEYS EYES ONLY.”
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`3.6 Disclosure or Discovery Material: all items or information, regardless
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`of the medium or manner in which it is generated, stored, or
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`maintained (including, among other things, testimony, transcripts, and
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`tangible things), that are produced or generated in disclosures or
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`STIPULATED PROTECTIVE ORDER
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`2
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`CASE NO. 2:21-cv-01022-RSWL-E
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 4 of 23 Page ID #:222
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`responses to discovery in this matter.
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`3.7 Expert: a person with specialized knowledge or experience in a matter
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`pertinent to the litigation who has been retained by a Party or its
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`counsel to serve as an expert witness or as a consultant in this Action.
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`3.8
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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`Information or Items: extremely sensitive “Confidential Information
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`or Items,” disclosure of which to another Party or Non-Party would
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`create a substantial risk of serious harm that could not be avoided by
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`less restrictive means.
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`3.9 House Counsel: attorneys who are employees of a party to this Action.
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`House Counsel does not include Outside Counsel of Record or any
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`other outside counsel.
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`3.10 Non-Party: any natural person, partnership, corporation, association,
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`or other legal entity not named as a Party to this action.
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`3.11 Outside Counsel of Record: attorneys who are not employees of a
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`party to this Action but are retained to represent or advise a party to
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`this Action and have appeared in this Action on behalf of that party or
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`are affiliated with a law firm which has appeared on behalf of that
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`party, and includes support staff.
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`3.12 Party: any party to this Action, including all of its officers, directors,
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`employees, consultants, retained experts, and Outside Counsel of
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`Record (and their support staffs).
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`3.13 Producing Party: a Party or Non-Party that produces Disclosure or
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`Discovery Material in this Action.
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`3.14 Professional Vendors: persons or entities that provide litigation
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`support services (e.g., photocopying, videotaping, translating,
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`preparing exhibits or demonstrations, and organizing, storing, or
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`retrieving data in any form or medium) and their employees and
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`STIPULATED PROTECTIVE ORDER
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`3
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`CASE NO. 2:21-cv-01022-RSWL-E
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 5 of 23 Page ID #:223
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`subcontractors.
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`3.15 Protected Material: any Disclosure or Discovery Material that is
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`designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEYS EYES ONLY.”
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`3.16 Receiving Party: a Party that receives Disclosure or Discovery
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`Material from a Producing Party.
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`4.
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`SCOPE
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`The protections conferred by this Stipulation and Order cover not only
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`Protected Material (as defined above), but also (1) any information copied or
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`extracted from Protected Material; (2) all copies, excerpts, summaries, or
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`compilations of Protected Material; and (3) any testimony, conversations, or
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`presentations by Parties or their Counsel that might reveal Protected Material.
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`However, the protections conferred by this Stipulation and Order do not cover the
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`following information: (a) any information that is in the public domain at the time
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`of disclosure to a Receiving Party or becomes part of the public domain after its
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`disclosure to a Receiving Party as a result of publication not involving a violation
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`of this Order, including becoming part of the public record through trial or
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`otherwise; and (b) any information known to the Receiving Party prior to the
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`disclosure or obtained by the Receiving Party after the disclosure from a source
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`who obtained the information lawfully and under no obligation of confidentiality to
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`the Designating Party.
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`Any use of Protected Material at trial shall be governed by the orders of the
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`trial judge. This Order does not govern the use of Protected Material at trial.
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`5.
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`DURATION
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`Even after final disposition of this litigation, the confidentiality obligations
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`imposed by this Order shall remain in effect until a Designating Party agrees
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`otherwise in writing or a court order otherwise directs. Final disposition shall be
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`deemed to be the later of (1) dismissal of all claims and defenses in this Action,
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`STIPULATED PROTECTIVE ORDER
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`4
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`CASE NO. 2:21-cv-01022-RSWL-E
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 6 of 23 Page ID #:224
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`with or without prejudice; and (2) final judgment herein after the completion and
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`exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
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`including the time limits for filing any motions or applications for extension of
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`time pursuant to applicable law.
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`6.
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`DESIGNATING PROTECTED MATERIAL
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`6.1 Exercise of Restraint and Care in Designating Material for Protection.
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`Each Party or Non-Party that designates information or items for
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`protection under this Order must take care to limit any such
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`designation to specific material that qualifies under the appropriate
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`standards. To the extent that it is practical to do so, the Designating
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`Party must designate for protection only those parts of material,
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`documents, items, or oral or written communications that qualify so
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`that other portions of the material, documents, items, or
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`communications for which protection is not warranted are not swept
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`unjustifiably within the ambit of this Order.
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`Mass, indiscriminate, or routinized designations are prohibited.
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`Designations that are shown to be clearly unjustified or that have been
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`made for an improper purpose (e.g., to unnecessarily encumber the
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`case development process or to impose unnecessary expenses and
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`burdens on other parties) may expose the Designating Party to
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`sanctions.
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`If it comes to a Designating Party’s attention that information or items
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`that it designated for protection do not qualify for protection at all or
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`do not qualify for the level of protection initially asserted, that
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`Designating Party must promptly notify all other Parties that it is
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`withdrawing the inapplicable designation.
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`6.2 Manner and Timing of Designations. Except as otherwise provided in
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`this Order (see, e.g., second paragraph of section 5.2(a) below), or as
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`STIPULATED PROTECTIVE ORDER
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`CASE NO. 2:21-cv-01022-RSWL-E
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 7 of 23 Page ID #:225
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`otherwise stipulated or ordered, Disclosure or Discovery Material that
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`qualifies for protection under this Order must be clearly so designated
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`before the material is disclosed or produced.
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`Designation in conformity with this Order requires:
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`(a)
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`for information in documentary form (e.g., paper or electronic
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`documents, but excluding transcripts of depositions or other
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`pretrial or trial proceedings), that the Producing Party affix at a
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`minimum, the legend “CONFIDENTIAL” or “HIGHLY
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`CONFIDENTIAL – ATTORNEYS EYES ONLY,” to each
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`page that contains protected material. If only a portion or
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`portions of the material on a page qualifies for protection, the
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`Producing Party also must clearly identify the protected
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`portion(s) (e.g., by making appropriate markings in the
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`margins) and must specify, for each portion, the level of
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`protection being asserted.
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`A Party or Non-Party that makes original documents or
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`materials available for inspection need not designate them for
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`protection until after the inspecting Party has indicated which
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`documents or material it would like copied and produced.
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`During the inspection and before the designation, all of the
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`material made available for inspection shall be deemed
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`“HIGHLY CONFIDENTIAL – ATTORNEYS EYES ONLY.”
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`After the inspecting Party has identified the documents it wants
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`copied and produced, the Producing Party must determine
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`which documents, or portions thereof, qualify for protection
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`under this Order. Then, before producing the specified
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`documents, the Producing Party must affix the appropriate
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`legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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`STIPULATED PROTECTIVE ORDER
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`6
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`CASE NO. 2:21-cv-01022-RSWL-E
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 8 of 23 Page ID #:226
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`ATTORNEYS EYES ONLY”) to each page that contains
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`Protected Material. If only a portion or portions of the material
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`on a page qualifies for protection, the Producing Party also
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`must clearly identify the protected portion(s) (e.g., by making
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`appropriate markings in the margins) and must specify, for each
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`portion, the level of protection being asserted.
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`(b)
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`for testimony given in depositions or in other pretrial or trial
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`proceedings, that the Designating Party identify on the record,
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`before the close of the deposition, hearing, or other proceeding,
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`all protected testimony and specify the level of protection being
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`asserted. When it is impractical to identify separately each
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`portion of testimony that is entitled to protection and it appears
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`that substantial portions of the testimony may qualify for
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`protection, the Designating Party may invoke on the record
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`(before the deposition, hearing, or other proceeding is
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`concluded) a right to have up to 21 days to identify the specific
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`portions of the testimony as to which protection is sought and to
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`specify the level of protection being asserted. Only those
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`portions of the testimony that are appropriately designated for
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`protection within the 21 days shall be covered by the provisions
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`of this Stipulated Protective Order. Alternatively, a Designating
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`Party may specify, at the deposition or up to 21 days afterwards
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`if that period is properly invoked, that the entire transcript shall
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`be treated as “CONFIDENTIAL” or “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
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`Parties shall give the other parties notice if they reasonably
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`expect a deposition, hearing or other proceeding to include
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`Protected Material so that the other parties can ensure that only
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`STIPULATED PROTECTIVE ORDER
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`CASE NO. 2:21-cv-01022-RSWL-E
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 9 of 23 Page ID #:227
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`authorized individuals who have signed the “Acknowledgment
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`and Agreement to Be Bound” (Exhibit A) are present at those
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`proceedings. The use of a document as an exhibit at a
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`deposition shall not in any way affect its designation as
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`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY.”
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`Transcripts containing Protected Material shall have an obvious
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`legend on the title page that the transcript contains Protected
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`Material, and the title page shall be followed by a list of all
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`pages (including line numbers as appropriate) that have been
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`designated as Protected Material and the level of protection
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`being asserted by the Designating Party. The Designating Party
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`shall inform the court reporter of these requirements. Any
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`transcript that is prepared before the expiration of a 21-day
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`period for designation shall be treated during that period as if it
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`had been designated “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” in its entirety unless otherwise
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`agreed. After the expiration of that period, the transcript shall
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`be treated only as actually designated.
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`(c)
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`for information produced in some form other than documentary
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`and for any other tangible items, that the Producing Party affix
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`in a prominent place on the exterior of the container or
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`containers in which the information is stored the legend
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`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY.” If only a portion or portions of
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`the information warrants protection, the Producing Party, to the
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`extent practicable, shall identify the protected portion(s).
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`6.3
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`Inadvertent Failures to Designate. If timely corrected, an inadvertent
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`STIPULATED PROTECTIVE ORDER
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 10 of 23 Page ID #:228
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`failure to designate qualified information or items does not, standing
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`alone, waive the Designating Party’s right to secure protection under
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`this Order for such material. Upon timely correction of a designation,
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`the Receiving Party must make reasonable efforts to assure that the
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`material is treated in accordance with the provisions of this Order.
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`7.
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`CHALLENGING CONFIDENTIALITY DESIGNATIONS
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`7.1 Timing of Challenges. Any Party or Non-Party may challenge
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`a designation of confidentiality at any time that is consistent
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`with the Court’s Scheduling Order, which timely challenge includes
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`one raised not less than 30 days prior to the filing of the Final Pretrial
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`Conference Order. To avoid foreseeable, substantial unfairness,
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`unnecessary economic burdens, or a significant disruption or delay of
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`the Court’s litigation, a Party does not waive its right to challenge a
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`confidentiality designation by electing not to mount a challenge
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`promptly after the original designation is disclosed.
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`7.2 Meet and Confer. The Challenging Party shall initiate the dispute
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`resolution process under Local Rule 37.1 et seq.
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`7.3 The burden of persuasion in any such challenge proceeding shall be
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`on the Designating Party. Frivolous challenges, and those made for an
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`improper purpose (e.g., to harass or impose unnecessary expenses and
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`burdens on other parties) may expose the Challenging Party to
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`sanctions where done in bad faith. Unless the Designating Party has
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`waived or withdrawn the confidentiality designation by failing to file
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`a motion to retain confidentiality as described above, all parties shall
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`continue to afford the material in question the level of protection to
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`which it is entitled under the Producing Party’s designation until the
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`Court rules on the challenge.
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`8.
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`ACCESS TO AND USE OF PROTECTED MATERIAL
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`STIPULATED PROTECTIVE ORDER
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`9
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`CASE NO. 2:21-cv-01022-RSWL-E
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 11 of 23 Page ID #:229
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`8.1 Basic Principles. A Receiving Party may use Protected Material that is
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`disclosed or produced by another Party or by a Non-Party in
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`connection with this Action only for prosecuting, defending, or
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`attempting to settle this Action. Such Protected Material may be
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`disclosed only to the categories of persons and under the conditions
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`described in this Order. When the Action has been terminated, a
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`Receiving Party must comply with the provisions of section 13 below
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`(FINAL DISPOSITION).
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`Protected Material must be stored and maintained by a Receiving
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`Party at a location and in a secure manner that ensures that access is
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`limited to the persons authorized under this Order.
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`8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
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`otherwise ordered by the court or permitted in writing by the
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`Designating Party, a Receiving Party may disclose any information or
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`item designated “CONFIDENTIAL” only to:
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`(a)
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`the Receiving Party’s Outside Counsel of Record in this Action,
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`as well as employees of said Outside Counsel of Record to
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`whom it is reasonably necessary to disclose the information for
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`this Action;
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`(b)
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`the officers, directors, and employees (including House
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`Counsel) of the Receiving Party to whom disclosure is
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`reasonably necessary for this Action and who have signed the
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`“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`(c) Experts (as defined in this Order) of the Receiving Party to
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`whom disclosure is reasonably necessary for this Action and
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`who have signed the “Acknowledgment and Agreement to Be
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`Bound” (Exhibit A);
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`(d)
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`the court and its personnel;
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`STIPULATED PROTECTIVE ORDER
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`CASE NO. 2:21-cv-01022-RSWL-E
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 12 of 23 Page ID #:230
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`(e)
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`court reporters and their staff;
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`(f)
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`professional jury or trial consultants, mock jurors, and
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`Professional Vendors to whom disclosure is reasonably
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`necessary for this Action and who have signed the
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`“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`(g)
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`the author, addressee, or carbon copy recipient of a document
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`containing the information or a custodian or other person who
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`otherwise possessed or knew the information. In addition,
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`regardless of its designation, if the document makes reference
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`to the actual or alleged conduct or statement of a person,
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`Outside Counsel may discuss such conduct or statements with
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`such person, provided that such discussions do not disclose or
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`reveal any other Protected Material;
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`(h) Notwithstanding any other provision, nothing in this Order shall
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`prohibit Outside Counsel for a party from disclosing Protected
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`Material of a Producing Party to any witness appearing on
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`behalf of that Producing Party, including expert witnesses,
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`witnesses appearing at trial, or witnesses appearing in a Rule
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`30(b)(1) or Rule 30(b)(6) deposition; and
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`any mediator or settlement officer, and their supporting
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`personnel, mutually agreed upon by any of the parties engaged
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`in settlement discussions.
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`8.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY” Information or Items. Unless otherwise ordered by the court
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`or permitted in writing by the Designating Party, a Receiving Party
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`may disclose any information or item designated “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
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`(a)
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`the Receiving Party’s Outside Counsel of Record in this action,
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`STIPULATED PROTECTIVE ORDER
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 13 of 23 Page ID #:231
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`as well as employees of said Outside Counsel of Record to
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`whom it is reasonably necessary to disclose the information for
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`this litigation;
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`(b) Experts of the Receiving Party (1) to whom disclosure is
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`reasonably necessary for this litigation, (2) who have signed the
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`“Acknowledgment and Agreement to Be Bound” (Exhibit A),
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`and (3) as to whom the procedures set forth in paragraph
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`7.4(a)(2), below, have been followed;
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`(c)
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`the court and its personnel;
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`(d)
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`court reporters and their staff, professional jury or trial
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`consultants, and Professional Vendors to whom disclosure is
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`reasonably necessary for this litigation and who have signed the
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`“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`and
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`(e)
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`the author, addressee, or carbon copy recipient of a document
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`containing the information or a custodian or other person who
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`otherwise possessed or knew the information. In addition,
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`regardless of its designation, if the document makes reference
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`to the actual or alleged conduct or statement of a person,
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`Outside Counsel may discuss such conduct or statements with
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`such person, provided that such discussions do not disclose or
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`reveal any other Protected Material.
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`(f) Nothing herein shall prevent the use of either
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`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” material
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`from being used in trial or for any pre-trial motion, subject to
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`such sealing orders as the court may deem appropriate for the
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`materials being offered and all such materials may be offered as
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`evidence or impeachment at deposition, pre-trial motions or
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`STIPULATED PROTECTIVE ORDER
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 14 of 23 Page ID #:232
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`trial.
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`8.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or
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`Items to Experts.
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`(a) Unless otherwise ordered by the court or agreed to in writing by
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`the Designating Party, a Party that seeks to disclose to an
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`Expert (as defined in this Order) any information or item that
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`has been designated “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(c)
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`first must make a written request to the Designating Party that
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`(1) identifies the general categories of “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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`information that the Receiving Party seeks permission to
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`disclose to the Expert, (2) sets forth the full name of the Expert
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`and the city and state of his or her primary residence, (3)
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`attaches a copy of the Expert’s current resume, (4) identifies the
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`Expert’s current employer(s), (5) identifies each person or
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`entity from whom the Expert has received compensation or
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`funding for work in his or her areas of expertise or to whom the
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`expert has provided professional services, including in
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`connection with a litigation, at any time during the preceding
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`five years, and (6) identifies (by name and number of the case,
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`filing date, and location of court) any litigation in connection
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`with which the Expert has offered expert testimony, including
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`through a declaration, report, or testimony at a deposition or
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`trial, during the preceding five years.
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`(b) A Party that makes a request and provides the information
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`specified in the preceding respective paragraphs may disclose
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`STIPULATED PROTECTIVE ORDER
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 15 of 23 Page ID #:233
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`the subject Protected Material to the identified Expert unless,
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`within 14 days of delivering the request, the Party receives a
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`written objection from the Designating Party. Any such
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`objection must set forth in detail the grounds on which it is
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`based.
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`(c) A Party that receives a timely written objection must meet and
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`confer with the Designating Party (through direct voice to voice
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`dialogue) to try to resolve the matter by agreement within seven
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`days of the written objection. If no agreement is reached, the
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`Party seeking to make the disclosure to the Expert may file a
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`motion as provided in Civil Local Rule 7 (and in compliance
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`with Civil Local Rule 79-5, if applicable) seeking permission
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`from the court to do so. Any such motion must describe the
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`circumstances with specificity, set forth in detail the reasons
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`why the disclosure to the Expert is reasonably necessary, assess
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`the risk of harm that the disclosure would entail, and suggest
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`any additional means that could be used to reduce that risk. In
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`addition, any such motion must be accompanied by a competent
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`declaration describing the parties’ efforts to resolve the matter
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`by agreement (i.e., the extent and the content of the meet and
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`confer discussions) and setting forth the reasons advanced by
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`the Designating Party for its refusal to approve the disclosure.
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`In any such proceeding, the Party opposing disclosure to the
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`Expert shall bear the burden of proving that the risk of harm
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`that the disclosure would entail (under the safeguards proposed)
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`outweighs the Receiving Party’s need to disclose the Protected
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`Material to its Expert.
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`9.
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`PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
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`STIPULATED PROTECTIVE ORDER
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 16 of 23 Page ID #:234
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`IN OTHER LITIGATION
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`If a Party is served with a subpoena or a court order issued in other litigation
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`that compels disclosure of any information or items designated in this Action as
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`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY,” that Party must:
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`(a)
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`promptly notify in writing the Designating Party. Such
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`notification shall include a copy of the subpoena or court order;
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`(b)
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`promptly notify in writing the party who caused the subpoena
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`or order to issue in the other litigation that some or all of the
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`material covered by the subpoena or order is subject to this
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`Protective Order. Such notification shall include a copy of this
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`Stipulated Protective Order; and
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`(c)
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`cooperate with respect to all reasonable procedures sought to be
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`pursued by the Designating Party whose Protected Material
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`may be affected.
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`If the Designating Party timely seeks a protective order, the
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`Party served with the subpoena or court order shall not produce
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`any information designated in this action as
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`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEYS EYES ONLY” before a determination by the
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`court from which the subpoena or order issued, unless the Party
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`has obtained the Designating Party’s permission. The
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`Designating Party shall bear the burden and expense of seeking
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`protection in that court of its confidential or highly confidential
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`material and nothing in these provisions should be construed as
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`authorizing or encouraging a Receiving Party in this Action to
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`disobey a lawful directive from another court.
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`10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
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`STIPULATED PROTECTIVE ORDER
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`Case 2:21-cv-01022-RSWL-E Document 50 Filed 09/15/21 Page 17 of 23 Page ID #:235
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`PRODUCED IN THIS LITIGATION
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`The terms of this Order are applicable to information produced by a Non-
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`Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
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`CONFIDENTIAL – ATTORNEYS EYES ONLY.” Such information produced by
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`Non-Parties in connection with this litigation is protected by the remedies and
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`relief provided by this Order. Nothing in these provisions should be construed as
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`prohibiting a Non-Party from seeking additional protections.
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`(a)
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`In the event that a Party is required, by a valid discovery
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`request, to produce a Non-Party’s confidential or highly
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`confidential information in its possession, and the Party is
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`subject to an agreement with the Non-Party not to produce the
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