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Case 2:10-cv-09292-PA -AGR Document 48 Filed 07/26/11 Page 1 of 5 Page ID #:419

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JONAH ANSELL,

Plaintiff,

v.

DANIEL S. LAIKIN, et al.
Defendants.

No. CV 10-9292 PA (AGRx)

PROTECTIVE ORDER CONCERNING
CONFIDENTIAL INFORMATION

The Court enters the following protective order:

1.

In connection with discovery proceedings in this action, the parties may

designate any document, thing, material, testimony or other information derived therefrom,
as “Confidential” under the terms of this Protective Order (hereinafter “Order”).
Confidential information is trade secrets, proprietary information, and other highly
confidential commercial information, or material required to be kept confidential by state or
federal law.

2.

By designating a document, thing, material, testimony or other information
derived therefrom as “Confidential” under the terms of this Order, the party making the
designation is certifying to the Court that there is a good faith basis in law and in fact for the
designation within the meaning of Federal Rule of Civil Procedure 26(g).

Case 2:10-cv-09292-PA -AGR Document 48 Filed 07/26/11 Page 2 of 5 Page ID #:420

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3.

Confidential documents shall be so designated by stamping copies of the

document produced to a party with the legend “CONFIDENTIAL.” Stamping the legend
“CONFIDENTIAL” on the cover of any multipage documents shall designate all pages of
the document as confidential, unless otherwise indicated by the producing party.

4.

Testimony taken at a deposition may be designated as confidential by making
a statement to that effect on the record at the deposition. Arrangements shall be made with
the court reporter taking and transcribing such deposition to separately bind such portions of
the transcript containing information designated as confidential, and to label such portions
appropriately.

5.

Material designated as confidential under this Order, the information contained
therein, and any summaries, copies, abstracts, or other documents derived in whole or in part
from material designated as confidential (hereinafter “Confidential Material”) shall be used
only for the purpose of the prosecution, defense, or settlement of this action, and for no other
purpose.
6.

Confidential Material produced pursuant to this Order may be disclosed or

made available only to the Court, to counsel for a party (including the paralegal, clerical, and
secretarial staff employed by such counsel), and to the “qualified persons” designated
below:

(a)

(b)

(c)
(d)
(e)

a party, or an officer, director, or employee of a party deemed necessary
by counsel to aid in the prosecution, defense, or settlement of this
action;
experts or consultants (together with their clerical staff) retained by
such counsel to assist in the prosecution, defense, or settlement of this
action;
court reporter(s) employed in this action;
a witness at any deposition or other proceeding in this action; and
any other person as to whom the parties in writing agree.

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Case 2:10-cv-09292-PA -AGR Document 48 Filed 07/26/11 Page 3 of 5 Page ID #:421

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Prior to receiving any Confidential Material, each “qualified person” shall be provided with
a copy of this Order and shall execute a nondisclosure agreement in the form of Attachment
A, a copy of which shall be provided forthwith to counsel for each other party and for the
parties.
7.

Only qualified persons may attend depositions at which Confidential Material

is used or discussed.

8.

The parties may further designate certain discovery material or testimony of a
highly confidential and/or proprietary nature as “CONFIDENTIAL - ATTORNEY’S EYES
ONLY” (hereinafter “Attorney’s Eyes Only Material”), in the manner described in
paragraphs 2 and 3 above. Attorney’s Eyes Only Material, and the information contained
therein, shall be disclosed only to the Court, to counsel for the parties (including the
paralegal, clerical and secretarial staff employed by such counsel), and to the “qualified
persons” listed in subparagraphs 6(b) through (e) above, but shall not be disclosed to a party,
or to an officer, director or employee of a party, unless otherwise agreed or ordered. If
disclosure of Attorney’s Eyes Only Material is made pursuant to this paragraph, all other
provisions in this order with respect to confidentiality shall also apply.

9.

Nothing herein shall impose any restrictions on the use or disclosure by a party

of material obtained by such party independent of discovery in this action, whether or not
such material is also obtained through discovery in this action, or from disclosing its own
Confidential Material as it deems appropriate.

10.

If Confidential Material, including any portion of a deposition transcript

designated as Confidential or Attorney's Eyes Only, is included in any papers to be filed
with the Court, such papers shall be accompanied by an application to (a) file the
confidential portions thereof under seal (if such portions are segregable), or (b) file the
papers in their entirety under seal (if the confidential portions are not segregable). The
application shall be directed to the judge to whom the papers are directed. Pending the
ruling on the application, the papers or portions thereof subject to the sealing application
shall be lodged under seal.

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Case 2:10-cv-09292-PA -AGR Document 48 Filed 07/26/11 Page 4 of 5 Page ID #:422

11.

This Order shall be without prejudice to the right of the parties (i) to bring

before the Court at any time the question of whether any particular document or information
is confidential or whether its use should be restricted or (ii) to present a motion to the Court
under Fed. R. Civ. P. 26(c) for a separate protective order as to any particular document or
information, including restrictions differing from those as specified herein. This Order shall
not be deemed to prejudice the parties in any way in any future application for modification
of this Order.

12.

This Order is entered solely for the purpose of facilitating the exchange of
documents and information between the parties to this action without involving the Court
unnecessarily in the process. Nothing in this Order nor the production of any information or
document under the terms of this Order nor any proceedings pursuant to this Order shall be
deemed to have the effect of an admission or waiver by either party or of altering the
confidentiality or nonconfidentiality of any such document or information or altering any
existing obligation of any party or the absence thereof.

13.

This Order shall survive the final termination of this action, to the extent that
the information contained in Confidential Material is not or does not become known to the
public, and the Court shall retain jurisdiction to resolve any dispute concerning the use of
information disclosed hereunder. Upon termination of this case, counsel for the parties shall
assemble and return to each other all documents, material and deposition transcripts
designated as confidential and all copies of same, or shall certify the destruction thereof.

IT IS SO ORDERED.

DATED: July 26, 2011

___________________________________

Percy Anderson

UNITED STATES DISTRICT JUDGE

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Case 2:10-cv-09292-PA -AGR Document 48 Filed 07/26/11 Page 5 of 5 Page ID #:423

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Attachment A

Nondisclosure Agreement

I, , do solemnly swear that I am fully familiar with the terms

of the Protective Order Concerning Confidential Information entered in Jonah Ansell v.
Daniel S. Laikin, et al., United States District Court for the Central District of California,
Civil Action No. CV 10-9292 PA (AGRx), and hereby agree to comply with and be bound
by the terms and conditions of said Order unless and until modified by further Order of the
Court. I hereby consent to the jurisdiction of the Court for purposes of enforcing this
nondisclosure agreement.

DATED:

___________________________________

[Name of Signator Typed]

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