STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIALITY
KAREN L. STEVENSON, Magistrate Judge.
AGREED TERMS OF THE PROTECTIVE ORDER AS ADOPTED AND MODIFIED BY THE COURT 1
In order to prevent public disclosure of information and the dissemination of trade secrets, other confidential research and development and/or commercial information, and/or proprietary information which may result in irreparable harm or injury to the Defendants AIMCO PARK LA BREA HOLDINGS, LLC, OP PROPERTY MANAGEMENT, LP; AIMCO RESIDENTIAL GROUP OF CALIFORNIA, INC.; AIMCO PARK LA BREA SERVICES, LLC; LA PARK LA BREA A, LLC (collectively, "AIMCO"); and to prevent public disclosure of information relating to an insurance claim for his home in Michigan for which disclosure may result in annoyance or irreparable harm or injury to Plaintiff, Norman Yatooma ("Plaintiff").
THE PARTIES HERETO, AND THEIR RESPECTIVE COUNSEL, HEREBY STIPULATE AND AGREE that the following provisions shall apply to all pleadings and deposition transcripts in this litigation, and all discovery documents, including depositions and evidentiary documents exchanged between the parties and their respective counsel or other agents/representatives/employees or otherwise used or exchanged in connection with this litigation (including attorney work product):
1. CONFIDENTIAL INFORMATION (as hereinafter defined) SHALL NOT BE DISCLOSED TO ANYONE OTHER THAN TO A QUALIFIED PERSON (as hereinafter defined), SHALL BE HELD IN CONFIDENCE BY ANY PERSON TO WHOM IT IS DISCLOSED, AND SHALL BE USED SOLELY IN PREPARATION FOR AND IN CONNECTION WITH ANY SETTLEMENT MEETINGS, HEARINGS AND TRIAL IN THIS ACTION.
2. The term "Confidential Information" shall mean any business information of every nature, type, and description, relating to the business of AIMCO, including but not limited to information pertaining to any and all trade secrets, confidential research and development, operational manuals or practices, commercial information, proprietary information, which is not publicly known or which cannot be ascertained from an inspection of publicly available documents or materials, whether such information is in documentary or oral form, and any information that is designated by AIMCO (or third party) producing the information as being "Confidential" by AIMCO (or third party) at the time of its production or use, whether the production be made voluntarily or otherwise, which includes but is not limited to training manuals and anything designated "Confidential Business Information" during discovery. The term "Confidential Information" shall also include any information relating to Plaintiff's insurance claim for his home in Michigan, including but not limited to information pertaining to the basis of Plaintiff's insurance claim, the status of the insurance claim, or any compensation received or pursued from the insurance claim, which is not publicly known or which cannot be ascertained from an inspection of publicly available documents or materials, whether such information is in documentary or oral form, and any information that is designated by Plaintiff (or third party) producing the information as being "Confidential" by Plaintiff (or third party) at the time of its production or use, whether the production be made voluntarily or otherwise during discovery.
3. The term "Qualified Person" shall mean:
c. Counsel of record for any party, including partners of counsel or principals of the firm, associate attorneys and paralegals of counsel's law firm who are assigned to this litigation, and all clerks, stenographic and clerical employees acting under the supervision of each such attorney or paralegal;
d. Experts, and members of their staff employed by any party in connection with this litigation, provided that (i) each such expert is given a copy of this Stipulation and Protective Order; (ii) such expert is specifically advised that the Confidential Information so disclosed or communicated may not be used or disclosed other than in strict compliance with this Stipulation and Protective Order; and (iii) that such expert signs a Declaration of Compliance (in the form attached hereto as Exhibit "A"), stating that he or she has read and understands the Stipulation and Protective Order and agrees to be bound by its terms, which Declarations shall be served upon each party to this action forthwith upon the retention of any such expert by any party, or their counsel;
e. There may be some individuals, not deemed "Qualified Persons" as defined above to whom counsel for either party may wish to view or receive Confidential Information.
Counsel shall obtain a Court order before releasing Confidential Information to any such persons andAny such persons shall be required to execute a Declaration of Compliance. No release of Confidential Information may be made to any person without the execution of a Declaration of Compliance.
Identification of Confidential Information
4. Any writing
as defined in Section 250 of the California Evidence Code designated as Confidential Information as defined herein, shall be identified as such by typing or stamping or otherwise affixing on its face the words "Confidential", "Confidential Pursuant to Court Order", or words of similar import which include the word "Confidential." The "Confidential" notation shall be placed on at least the first page of a multi-page document. Such notation need not be placed on the original document made available for inspection, but may instead be placed upon copies produced or exchanged. All copies made of writing so designated shall also constitute Confidential Information subject to the terms of this Stipulation and Protective Order.
5. The designation of information as Confidential Information pursuant to this Stipulation and Protective Order, shall not be construed as a concession by any other party that such information is relevant or material to any issue. Nothing in this Stipulation and Protective Order shall preclude or limit counsel for either party's use of Confidential Information as defined herein, in any Court hearing or proceeding, whether evidentiary or otherwise, in this action.
Deposition Transcripts, Audio Recordings and Video Recordings
6. All deposition transcripts, whether rough or final, resulting from depositions taken in the action which contain Confidential Information shall bear the following prominent and conspicuous legend on the cover of each volume of said deposition transcript:
Each such deposition transcript shall also contain a copy of this Stipulation and Protective Order immediately following the cover page.
7. All audio or video recordings in any form or format and transcripts of any depositions of the parties, or either of them, or of any third party, shall be returned to the party who caused the taking of such deposition, at the conclusion of this case (unless otherwise agreed to by the parties). The original of the audio or video depositions and transcripts shall be held by counsel for the party taking the depositions, and a copy shall be made by a videographer and delivered to counsel for the witness. Neither the court reporting service nor the videographer shall retain copies of any depositions, audio or video recordings. If used in trial, depositions, audio and video recordings shall be returned to the party who caused the taking of such deposition after the final judgment on all issues, and not be made a part of the permanent Court record as an Exhibit, or otherwise. The audio recordings, video recordings or transcripts of any deposition shall not be disseminated or broadcast in any manner by either party or their agents or the videographer or the court reporter or other agents of any court reporting service company, or any language translator, all of whom shall be subject to comply with the terms of this Stipulation and Protective Order. Any video shall have affixed to its exterior the following legend:
8. Counsel for each party will be allowed to make copies of the deposition transcripts, audio recordings or video recordings of the deposition in this matter
in this matter. However, counsel will not release or disseminate the subject transcript, audio recording or video recordings to anyone other than Qualified Persons, and then only after such persons have been given a copy of this Stipulation and Protective Order and have been specifically advised that the Confidential Information so disclosed or communicated may not be used or disclosed other than in strict compliance with this Stipulation and Protective Order, and after such Qualified Person executed a declaration of Compliance (in the form attached as Exhibit "A") stating that he or she has read and understands the Stipulation and Protective Order and agrees to be bound by its terms which Declarations shall be served upon the other party to this action forthwith.
Non-Disclosure of Confidential Information
9. Plaintiff, AIMCO, and their respective counsel, and any Qualified Person executing a Declaration of Compliance, specifically represent and warrant that they will not disclose, disseminate or communicate any Confidential Information to the media, which shall include, but not be limited to, any form of magazines, newspapers, tabloids, books, reporters, writers, producers, television, radio, internet, cyberspace communication and any other form of the media or any other person who is not deemed to be Qualified Person under this order.
10. The parties and counsel agree that they shall take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information as defined herein in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized under this Stipulated Protective Order to have or come into contact with any of such Confidential Information. Such reasonable measures shall include, but not be limited to, the same degree of care that a party or counsel utilizes to protect his/her own Confidential Information of a similar nature, which shall be no less than reasonable care. The parties and counsel agree to notify each other in writing of any actual or suspected misuse, misappropriation or unauthorized disclosure of Confidential Information which may come to the party or counsel's attention.
In the event that any Confidential Information is used in any hearing or proceeding in this action, it shall not lose its confidential status through such use, and the party using same shall take all reasonable steps to maintain its confidentiality during such use.
12.Confidential Information may also be produced to the following and for the following purposes, subject to paragraph 11 above:
a. The Court and necessary Court personnel;
b. Outside photocopying, data processing or graphic production services employed by the parties to this action or their respective counsel to assist in this litigation; and
c. Court reporters and videographers transcribing or videoing depositions or testimony in this action.
13. Any documents or tangible things designated as Confidential Information that are identified as an exhibit in connection with testimony given in any proceeding associated with the above entitled action shall be marked with the label "Confidential Information," and any testimony concerning the document or thing shall also be considered Confidential Information and shall be subject to the terms of this Stipulated Protective Order.
Return of Materials
14. On final disposition of the above-entitled action, counsel for either party and those persons to whom Confidential Information was released having possession, custody or control of Confidential Information shall promptly return all original documents and tangible items covered by this Order to counsel for the owning party. Counsel for either party and those persons to whom Confidential Information was released under this agreement may retain copies, transcripts, notes and extracts containing Confidential Information, as may be required by statute or ethical standards, which shall be kept in a safe and secure place and not in files open to public inspection until the required time for retention has lapsed. After the required time for retention has lapsed, the Confidential Information shall be destroyed. The parties, counsel for either party and those persons to whom Confidential Information was released under this agreement shall remain subject to the provisions in this agreement.
Counterpart Signatures; Facsimile Signatures
15. This Stipulated Protective Order may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. The parties shall be entitled to rely on delivery by facsimile machine of an executed copy of this Stipulated Protective Order and such facsimile copy shall be effective to create a valid and binding Stipulated Protective Order among the parties in accordance with the terms herein.
16. Nothing in this Stipulated Protective Order affects in any way the admissibility of any documents, testimony, or other evidence at trial or restricts the use of information from sources other than discovery conducted under the terms of this Stipulated Protective Order. Counsel shall confer with the Court to develop appropriate trial procedures to avoid public disclosure of Confidential Information.
17. If any Confidential Information in the form of records, writings, statements, documents and/or materials of any kind ("Material") is inadvertently provided to a Discovering
18. If any Material subject to any privilege or legal prohibition against disclosure is inadvertently provided to a Discovering Party, the fact of disclosure shall not constitute a waiver of the applicable privilege or legal prohibition against disclosure. Upon notification by a Producing Party that Material subject to a privilege or legal prohibition against disclosure has been provided inadvertently, the Discovering Party shall either (1) immediately return the Material, including any copies of the Material, to the Producing Party, and shall destroy any notes or work product concerning the Material; or (2) if the Discovering Party disagrees with the Producing Party's claim,
shall be before the Discovering Party uses the Material. party seeking return of the Material
Further Protection and Relief
19. The terms of this Stipulation and Protective Order shall not affect the right of any persons or party to seek whatever further protection, relief or remedies are available under applicable Federal
or Californialaw, or to seek appropriate amendments to this Stipulation and Order as dictated by the experience of the parties in operating under its terms or for good cause shown. The terms of this Stipulation and Protective Order shall not affect the ability of either party to request the Court to determine whether or not any certain document(s) be deemed Confidential Information.
Binding on the Parties
20. This Stipulation and Protective Order shall survive as the parties' agreement.
and is not dependent on a Court's order for its approval.This Stipulation and Protective Order shall be binding on the parties and all Qualified Personas as if a Court order was in place.
21. An order may be based on this Stipulation without further notice or hearing.
DECLARATION OF COMPLIANCE WITH AND CONSENT TO BE BOUND BY CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER
I, __________________________________________, declare as follows:
1. I understand that information deemed confidential and proprietary is going to be provided to me pursuant to the terms and restrictions of a STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIALITY dated _______________________, in the matter of NORMAN YATOOMA v. AIMCO PARK LA BREA HOLDINGS, LLC, et al., District Court of California, Central District of California, Case No. 2:16-cv-03264-JFW-KS.
2. I have received and read a copy of the STIPULATION AND PROTECTIVE ORDERS RE: CONFIDENTIALITY. I acknowledge that I understand the content of the STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIALITY, and prior to signing this Declaration, have had the opportunity to have its legal effect explained to me by counsel of my own choosing. I agree to be bound by its terms and restrictions and to not reveal or otherwise communicate any of the information disclosed to me in connection with the Action except in accordance with the terms of the STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIALITY. I consent to personal jurisdiction over me by the United States District Court, Central District of California for purposes of enforcing the STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIALITY.
I declare under penalty of perjury, under the laws of the United States of America and State of California, that the foregoing is true and correct.