Olivia Van Iderstine v. Live Nation Entertainment, Inc. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 Olivia Van Iderstine and Mitch Case No. 2:20-cv-03888-GW-GJS 13 Oberstein, on behalf of themselves and all those similarly situated, [PROPOSED] STIPULATED 14 PROTECTIVE ORDER1 Plaintiffs, 15 [DISCOVERY MATTER: v. REFERRED TO MAGISTRATE 16 JUDGE GAIL J. STANDISH] Live Nation Entertainment, Inc., and 17 Ticketmaster LLC, 18 Defendants. 19 20 21 22 1. A. PURPOSES AND LIMITATIONS 23 Discovery in this action is likely to involve production of confidential, 24 proprietary or private information for which special protection from public 25 disclosure and from use for any purpose other than prosecuting this litigation may 26 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 27 28 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Gail J. Standish’s Procedures. 1 enter the following Stipulated Protective Order. The parties acknowledge that this 2 Order does not confer blanket protections on all disclosures or responses to 3 discovery and that the protection it affords from public disclosure and use extends 4 only to the limited information or items that are entitled to confidential treatment 5 under the applicable legal principles. 6 B. GOOD CAUSE STATEMENT 7 This action is likely to involve the production and exchange of confidential, 8 sensitive information that could cause business, competitive, and personal harm if 9 disclosed publicly or, without restrictions, between the parties. This action is also 10 likely to involve trade secrets, operating plans, market analyses, nonpublic contracts, 11 negotiating positions and business negotiation strategies, and financial information 12 that if it were to become public could provide confidential, competitively sensitive 13 information to the market and competitors and could put the producing party at a 14 competitive disadvantage. Accordingly, to expedite the flow of information, to 15 facilitate the prompt resolution of disputes over confidentiality of discovery 16 materials, to adequately protect information the parties are entitled to keep 17 confidential, to ensure that the parties are permitted reasonable necessary uses of 18 such material in preparation for and in the conduct of trial, to address their handling 19 at the end of the litigation, and serve the ends of justice, a protective order for such 20 information is justified in this matter. It is the intent of the parties that information 21 will not be designated as confidential for tactical reasons and that nothing be so 22 designated without a good faith belief that it has been maintained in a confidential, 23 non-public manner, and there is good cause why it should not be part of the public 24 record of this case. 25 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 26 SEAL 27 The parties further acknowledge, as set forth in Section 12.3, below, that this 28 Stipulated Protective Order does not entitle them to file confidential information 1 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 2 and the standards that will be applied when a party seeks permission from the court 3 to file material under seal. 4 There is a strong presumption that the public has a right of access to judicial 5 proceedings and records in civil cases. In connection with non-dispositive motions, 6 good cause must be shown to support a filing under seal. See Kamakana v. City and 7 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 8 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 9 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 10 good cause showing), and a specific showing of good cause or compelling reasons 11 with proper evidentiary support and legal justification, must be made with respect to 12 Protected Material that a party seeks to file under seal. The parties’ mere designation 13 of Disclosure or Discovery Material as “CONFIDENTIAL” or “HIGHLY 14 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” does not—without the 15 submission of competent evidence by declaration, establishing that the material 16 sought to be filed under seal qualifies as confidential, privileged, or otherwise 17 protectable—constitute good cause. 18 Further, if a party requests sealing related to a dispositive motion or trial, then 19 compelling reasons, not only good cause, for the sealing must be shown, and the 20 relief sought shall be narrowly tailored to serve the specific interest to be protected. 21 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 22 each item or type of information, document, or thing sought to be filed or introduced 23 under seal in connection with a dispositive motion or trial, the party seeking 24 protection must articulate compelling reasons, supported by specific facts and legal 25 justification, for the requested sealing order. Again, competent evidence supporting 26 the application to file documents under seal must be provided by declaration. 27 Any document that is not confidential, privileged, or otherwise protectable in 28 its entirety will not be filed under seal if the confidential portions can be redacted. 1 If documents can be redacted, then a redacted version for public viewing, omitting 2 only the confidential, privileged, or otherwise protectable portions of the document, 3 shall be filed. Any application that seeks to file documents under seal in their 4 entirety should include an explanation of why redaction is not feasible. 5 2. DEFINITIONS 6 2.1 Action: Olivia Van Iderstine, et al. v. Live Nation Entertainment, Inc., 7 et al., Case No. 2:20-cv-03888-GW-GJS. 8 2.2 Challenging Party: a Party or Non-Party that challenges the designation 9 of information or items under this Order. 10 2.3 “CONFIDENTIAL” Information or Items: trade secrets or other 11 confidential research, development, or commercially sensitive information 12 (regardless of how it is generated, stored, or maintained) pursuant to Federal Rule of 13 Civil Procedure 26(c), or any document, transcript, or other material containing such 14 information that has not been published or otherwise made publicly available. 15 Materials designated “CONFIDENTIAL” shall be treated as Confidential 16 Information, subject to the provisions set forth in this Order. 17 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 18 their support staff). 19 2.5 Designating Party: a Party or Non-Party that designates information or 20 items that it produces in disclosures or in responses to discovery as 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 22 ONLY.” 23 2.6 Disclosure or Discovery Material: all items or information, regardless 24 of the medium or manner in which it is generated, stored, or maintained (including, 25 among other things, testimony, transcripts, and tangible things), that are produced or 26 generated in disclosures or responses to discovery in this matter. 27 2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 28 Information or Items: extremely sensitive Confidential Information, the disclosure 1 of which to another Party or Non-Party would create a substantial risk of serious and 2 irremediable harm to the Producing Party or its clients. Materials designated 3 “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY” shall be treated as 4 Highly Confidential Information, subject to the provisions set forth in this Order. 5 2.8 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 an expert witness or as a consultant in this Action. 8 2.9 House Counsel: attorneys who are employees of a party to this Action. 9 House Counsel does not include Outside Counsel of Record or any other outside 10 counsel. 11 2.10 Non-Party: any natural person, partnership, corporation, association or 12 other legal entity not named as a Party to this action. 13 2.11 Outside Counsel of Record: attorneys who are not employees of a party 14 to this Action but are retained to represent or advise a party to this Action and have 15 appeared in this Action on behalf of that party or are affiliated with a law firm that 16 has appeared on behalf of that party, and includes support staff. 17 2.12 Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 2.14 Professional Vendors: persons or entities that provide litigation support 23 services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 and their employees and subcontractors. 26 2.15 Protected Material: any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 28 ATTORNEYS’ EYES ONLY.” 1 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 2 from a Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or 6 extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 compilations of Protected Material; and (3) any testimony, conversations, or 8 presentations by Parties or their Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial shall be governed by the orders of the 10 trial judge. This Order does not govern the use of Protected Material at trial. 11 4. DURATION 12 FINAL DISPOSITION of the action is defined as the conclusion of any 13 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 14 has run. Except as set forth below, the terms of this protective order apply through 15 FINAL DISPOSITION of the action. The parties stipulate—and the court so orders 16 —that the parties will be contractually bound by the terms of this agreement beyond 17 FINAL DISPOSITION, but will file a separate action for enforcement of the 18 agreement once all proceedings in this case are complete. 19 Once a case proceeds to trial, information that was designated as 20 CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 21 ONLY” or maintained pursuant to this protective order used or introduced as an 22 exhibit at trial becomes public and will be presumptively available to all members 23 of the public, including the press, unless compelling reasons supported by specific 24 factual findings to proceed otherwise are made to the trial judge in advance of the 25 trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for 26 sealing documents produced in discovery from “compelling reasons” standard when 27 merits-related documents are part of court record). Accordingly, for such materials, 28 1 the terms of this protective order do not extend beyond the commencement of the 2 trial. 3 5. DESIGNATING PROTECTED MATERIAL 4 5.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection under 6 this Order must take care to limit any such designation to specific material that 7 qualifies under the appropriate standards. The Designating Party must designate for 8 protection only those parts of material, documents, items or oral or written 9 communications that qualify so that other portions of the material, documents, items 10 or communications for which protection is not warranted are not swept unjustifiably 11 within the ambit of this Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper 14 purpose (e.g., to unnecessarily encumber the case development process or to impose 15 unnecessary expenses and burdens on other parties) may expose the Designating 16 Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in 21 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 23 under this Order must be clearly so designated before the material is disclosed or 24 produced. 25 Designation in conformity with this Order requires that: 26 (a) for information in documentary form (e.g., paper or electronic 27 documents, but excluding transcripts of depositions or other pretrial or trial 28 proceedings), the Producing Party must affix, at a minimum, the legend 1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 2 ONLY” on each page that contains protected material. If only a portion of the 3 material on a page qualifies for protection, the Producing Party also must clearly 4 identify the protected portion(s) (e.g., by making appropriate markings in the 5 margins). Material produced in native format (including but not limited to material 6 produced in Excel) containing Protected Information shall be designated by 7 (i) producing a TIFF (or similar electronic) placeholder image corresponding to the 8 native material that includes the “CONFIDENTIAL” or “HIGHLY 9 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend and (ii) including 10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 11 ONLY” in the file name of the native material, where practicable. 12 A Party or Non-Party that makes original documents available for inspection 13 need not designate them for protection until after the inspecting Party has indicated 14 which documents it would like copied and produced. During the inspection and 15 before the designation, all of the material made available for inspection shall be 16 deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 17 EYES ONLY.” After the inspecting Party has identified the documents it wants 18 copied and produced, the Producing Party must determine which documents, or 19 portions thereof, qualify for protection under this Order. Then, before producing the 20 specified documents, the Producing Party must affix the legend “CONFIDENTIAL” 21 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that 22 contains Protected Material. If only a portion of the material on a page qualifies for 23 protection, the Producing Party also must clearly identify the protected portion(s) 24 (e.g., by making appropriate markings in the margins). 25 (b) for testimony given in depositions the entire deposition transcript 26 shall be treated as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 27 until thirty (30) days after receipt of the final deposition transcript by counsel for 28 witness, unless otherwise agreed at the deposition an on the record. At the deposition 1 and on the record, or in writing before the thirty (30) days have expired, the witness, 2 his or her current or former employer, or their counsel may designate portions of the 3 deposition transcript as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 4 ATTORNEYS’ EYES ONLY.” The notice shall be sent to any person known to 5 have a copy of the transcript and shall reference this Order and identify the pages 6 and lines so designated. 7 (c) for information produced in some form other than documentary 8 and for any other tangible items, the Producing Party must affix in a prominent place 9 on the exterior of the container or containers in which the information is stored the 10 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 11 EYES ONLY.” If only a portion or portions of the information warrants protection, 12 the Producing Party, to the extent practicable, shall identify the protected portion(s). 13 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 14 failure to designate qualified information or items does not, standing alone, waive 15 the Designating Party’s right to secure protection under this Order for such material. 16 Upon timely correction of a designation, the Receiving Party must make reasonable 17 efforts to assure that the material is treated in accordance with the provisions of this 18 Order. In particular, the Receiving Party must replace the inadvertently non- 19 designated material with the newly designated material and make reasonable efforts 20 to destroy the originally non-designated material. 21 6. CHALLENGING CONFIDENTIALITY OR PRIVILEGE 22 DESIGNATIONS 23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 24 designation of confidentiality or privilege at any time that is consistent with the 25 Court’s Scheduling Order. 26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 27 resolution process under Local Rule 37.1 et seq. 28 1 6.3 The burden of persuasion in any such challenge proceeding shall be on 2 the Designating Party. Frivolous challenges, and those made for an improper 3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 4 parties) may expose the Challenging Party to sanctions. Unless the Designating 5 Party has waived or withdrawn the confidentiality or privilege designation, all 6 parties shall continue to afford the material in question the level of protection to 7 which it is entitled under the Producing Party’s designation until the Court rules on 8 the challenge. 9 7. ACCESS TO AND USE OF PROTECTED MATERIAL 10 7.1 Basic Principles. A Receiving Party may use Protected Material that is 11 disclosed or produced by another Party or by a Non-Party in connection with this 12 Action only for prosecuting, defending, or attempting to settle this Action. Such 13 Protected Material may be disclosed only to the categories of persons and under the 14 conditions described in this Order. When the Action has been terminated, a 15 Receiving Party must comply with the provisions of section 13 below (FINAL 16 DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a 18 location and in a secure manner that ensures that access is limited to the persons 19 authorized under this Order. 20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 21 otherwise ordered by the court or permitted in writing by the Designating Party, a 22 Receiving Party may disclose any information or item designated 23 “CONFIDENTIAL” only to: 24 (a) the Receiving Party’s Outside Counsel of Record in this Action, 25 as well as employees of said Outside Counsel of Record to whom it is reasonably 26 necessary to disclose the information for this Action; 27 (b) the officers, directors, and employees (including House Counsel) 28 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 1 (c) Experts (as defined in this Order) of the Receiving Party to whom 2 disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and 7 Professional Vendors to whom disclosure is reasonably necessary for this Action 8 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 9 A); 10 (g) the author or recipient of a document containing the information 11 or who is identified on the face of such document as a recipient of the document 12 through means other than the discovery process in this action; 13 (h) during their depositions, witnesses, and attorneys for witnesses, 14 in the Action to whom disclosure is reasonably necessary, provided that: (1) the 15 deposing party requests that the witness sign the “Acknowledgment and Agreement 16 to Be Bound” (Exhibit A); and (2) witnesses will not be permitted to keep any 17 confidential information unless they sign the “Acknowledgment and Agreement to 18 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered 19 by the court. Pages of transcribed deposition testimony or exhibits to depositions 20 that reveal Protected Material may be separately bound by the court reporter and 21 may not be disclosed to anyone except as permitted under this Stipulated Protective 22 Order; 23 (i) any mediator or settlement officer, and their supporting 24 personnel, mutually agreed upon by any of the parties engaged in settlement 25 discussions, who has signed the “Acknowledgment and Agreement to Be Bound” 26 (Exhibit A); and 27 28 1 (j) the Parties’ insurers, including the insurers’ support staff and 2 service organizations, who have signed the “Acknowledgment and Agreement to Be 3 Bound” (Exhibit A). 4 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 5 ONLY” Information or Items. Unless otherwise ordered by the court or permitted 6 in writing by the Designating Party, a Receiving Party may disclose any information 7 or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 8 only to: 9 (a) up to three (3) in-house counsel for the parties who either have 10 responsibility for making decisions dealing directly with the litigation of the action, 11 or who are assisting outside counsel in the litigation of the action and have executed 12 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (b) any individual specified in Paragraphs 7.2(a), (c), (d), (e), (f), (g), 14 or (i). 15 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 16 PRODUCED IN OTHER LITIGATION 17 If a Party is served with a subpoena or a court order issued in other litigation 18 that compels disclosure of any information or items designated in this Action as 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 20 ONLY,” that Party must: 21 (a) promptly notify in writing the Designating Party. Such 22 notification shall include a copy of the subpoena or court order to the extent 23 permitted by law; 24 (b) promptly notify in writing the party who caused the subpoena or 25 order to issue in the other litigation that some or all of the material covered by the 26 subpoena or order is subject to this Protective Order. Such notification shall include 27 a copy of this Stipulated Protective Order; and 28 1 (c) cooperate with respect to all reasonable procedures sought to be 2 pursued by the Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served with 4 the subpoena or court order shall not produce any information designated in this 5 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 6 EYES ONLY” before a determination by the court from which the subpoena or order 7 issued, unless the Party has obtained the Designating Party’s permission. The 8 Designating Party shall bear the burden and expense of seeking protection in that 9 court of its confidential material and nothing in these provisions should be construed 10 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 11 directive from another court. 12 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 13 PRODUCED IN THIS LITIGATION 14 (a) The terms of this Order are applicable to information produced 15 by a Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 16 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by 17 Non-Parties in connection with this litigation is protected by the remedies and relief 18 provided by this Order. Nothing in these provisions should be construed as 19 prohibiting a Non-Party from seeking additional protections. 20 (b) In the event that a Party is required, by a valid discovery request, 21 to produce a Non-Party’s confidential information in its possession, and the Party is 22 subject to an agreement with the Non-Party not to produce the Non-Party’s 23 confidential information, then the Party shall: 24 (1) promptly notify in writing the Requesting Party and the 25 Non-Party that some or all of the information requested is subject to a confidentiality 26 agreement with a Non-Party; 27 (2) promptly provide the Non-Party with a copy of the 28 Stipulated Protective Order in this Action, the relevant discovery request(s) to the 1 extent permitted by law, and a reasonably specific description of the information 2 requested; and 3 (3) make the information requested available for inspection by 4 the Non-Party, if requested. 5 (c) If the Non-Party fails to seek a protective order from this court 6 within 14 days of receiving the notice and accompanying information, the Receiving 7 Party may produce the Non-Party’s confidential information responsive to the 8 discovery request. If the Non-Party timely seeks a protective order, the Receiving 9 Party shall not produce any information in its possession or control that is subject to 10 the confidentiality agreement with the Non-Party before a determination by the 11 court. Absent a court order to the contrary, the Non-Party shall bear the burden and 12 expense of seeking protection in this court of its Protected Material. 13 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 15 Protected Material to any person or in any circumstance not authorized under this 16 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 17 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 18 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 19 or persons to whom unauthorized disclosures were made of all the terms of this 20 Order, and (d) request such person or persons to execute the “Acknowledgment and 21 Agreement to Be Bound” that is attached hereto as Exhibit A. 22 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 23 PROTECTED MATERIAL 24 11.1 No Waiver of Privilege or Clawback Rights. The production of 25 documents by a Designating Party shall, to the maximum extent permitted by law, 26 be governed by Federal Rule of Civil Procedure 26(b)(5) and Federal Rule of 27 Evidence 502 regarding the inadvertent production of material protected by the 28 attorney-client privilege, the work product doctrine, or any other privilege or 1 protection from disclosure recognized under applicable law. A Party’s inadvertent 2 disclosure in connection with this action of information that the Designating Party 3 believes is protected by the attorney-client privilege, the work product doctrine, or 4 any other privilege or immunity from discovery shall not constitute a waiver with 5 respect to such privilege or immunity in this or any other action. 6 11.2 Notification by the Disclosing Party. In the event of an inadvertent 7 disclosure of information that the Designating Party believes is protected by the 8 attorney-client privilege, the work product doctrine, or any other privilege or 9 immunity from discovery, the Designating Party may provide notice in writing to 10 the Receiving Party advising of the inadvertent disclosure, requesting return of the 11 information, and asserting the basis of the clawback request. Upon such notice, the 12 Receiving Party shall make no further use of the information, shall immediately 13 segregate the information in a manner that will prevent any further disclosure or 14 dissemination, and shall take reasonable steps to retrieve the information to the 15 extent it was disclosed or disseminated prior to receipt of the notice. Within ten (10) 16 business days of receiving the notice of inadvertent disclosure, the Receiving Party 17 shall take reasonable steps to return all information in its possession, custody, or 18 control that the Designating Party believes is protected, or shall provide written 19 confirmation that such information has been deleted. The Receiving Party’s 20 reasonable steps shall not require the return or destruction of information that is 21 stored on backup storage media made in accordance with regular data backup 22 procedures for disaster recovery purposes. Backup storage media will not be 23 restored for purposes of returning or certifying destruction of information, but such 24 retained information shall continue to be treated in accordance with this Order. 25 11.3 Notification by the Receiving Party. In the event a Receiving Party 26 receives information that appears on its face to be subject to the attorney-client 27 privilege, the work product doctrine, or any other privilege or immunity from 28 discovery, the Receiving Party shall refrain from reviewing the information any 1 more than is essential to ascertain that the information is privileged, and shall 2 immediately notify the Designating Party in writing that he or she possesses 3 information that appears on its face to be privileged. The Designating Party shall 4 then have ten (10) business days after receiving the notice to request the return of 5 the information. If the Designating Party requests return of the information, the 6 Receiving Party shall immediately return the information to the Designating Party 7 and destroy any other copies, and confirm the return and destruction of the materials 8 in writing. 9 11.4 Challenge Process. For the avoidance of doubt, nothing in this Section 10 (11) shall preclude a Receiving Party from challenging a confidentiality or privilege 11 designation under Section 6 (Challenging Confidentiality or Privilege Designations). 12 12. MISCELLANEOUS 13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 14 person to seek its modification by the Court in the future. 15 12.2 Right to Assert Other Objections. By stipulating to the entry of this 16 Protective Order, no Party waives any right it otherwise would have to object to 17 disclosing or producing any information or item on any ground not addressed in this 18 Stipulated Protective Order. Similarly, no Party waives any right to object on any 19 ground to use in evidence of any of the material covered by this Protective Order. 20 12.3 Filing Protected Material. A Party that seeks to file under seal any 21 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 22 only be filed under seal pursuant to a court order authorizing the sealing of the 23 specific Protected Material at issue. If a Party’s request to file Protected Material 24 under seal is denied by the court, then the Receiving Party may file the information 25 in the public record unless otherwise instructed by the court. 26 13. FINAL DISPOSITION 27 After the final disposition of this Action, as defined in Section 4 28 (DURATION), within 60 days, each Receiving Party must return all Protected 1 Material to the Producing Party or destroy such material. As used in this subdivision, 2 “all Protected Material” includes all copies, abstracts, compilations, summaries, and 3 any other format reproducing or capturing any of the Protected Material. Whether 4 the Protected Material is returned or destroyed, the Receiving Party must submit a 5 written certification to the Producing Party (and, if not the same person or entity, to 6 the Designating Party) by the 60 day deadline that (1) identifies (by category, where 7 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 8 that the Receiving Party has not retained any copies, abstracts, compilations, 9 summaries or any other format reproducing or capturing any of the Protected 10 Material. Notwithstanding this provision, Counsel are entitled to retain an archival 11 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 12 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 13 work product, and consultant and expert work product, even if such materials contain 14 Protected Material. Furthermore, Counsel shall not be required to return or destroy 15 information that is stored on backup storage media made in accordance with regular 16 data backup procedures for disaster recovery purposes. Any archival copies or 17 backup storage media that contain or constitute Protected Material remain subject to 18 this Protective Order as set forth in Section 4 (DURATION). 19 14. VIOLATION 20 Any violation of this Order may be punished by appropriate measures 21 including, without limitation, contempt proceedings and/or monetary sanctions. 22 15. MODIFICATIONS 23 This Order may be amended and superseded by any subsequent order of the 24 Court—on the Court’s own motion, upon the stipulation of the Parties, or on other 25 grounds that are appropriate under applicable law. 26 27 28 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 3 Dated: November 24, 2020 LATHAM & WATKINS LLP 4 By: /s/ Timothy L. O’Mara 5 Timothy L. O’ Mara 6 505 Montgomery Street, Suite 2000 San Francisco, California 94111-6538 7 Telephone: +1.415.391.0600 Facsimile: +1.415.395.8095 8 Email: tim.o’mara@lw.com 9 Attorneys for Defendants Ticketmaster L.L.C. and Live Nation Entertainment, 10 Ine. 11 12 Dated: November 24, 2020 QUINN EMANUEL URQUHART & 13 SULLIVAN, LLP 14 15 By: // Frederick A. Lorig Frederick A. Lorig (Bar No. 057645) 16 865 South Figueroa Street, 10th Floor 17 Los Angeles, California 90017-2543 Telephone: +1.213.443.3000 18 Facsimile: +1.213.443.3100 19 Email: fredlorig @ quinnemanuel.com Attorneys for Plaintiffs Olivia Van 20 Iderstine and Mitch Oberstein 21 22 73 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 24 25 DATED: December 15, 2020 27 | GAIL J. STANDISH g | UNITED STATES MAGISTRATE JUDGE 1 ATTESTATION 2 I am the ECF user whose identification and password are being used to file 3 the foregoing [Proposed] Stipulated Protective Order. Pursuant to Civil Local Rule 4 5-4.3.4(a)(2)(i), I, Timothy L. O’Mara, attest that all other signatories listed, and on 5 whose behalf the filing is submitted, concur in the filing’s content and have 6 authorized such filing. 7 8 Dated: November 24, 2020 /s/ Timothy L. O’Mara 9 Timothy L. O’Mara 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of Van Iderstine v. Live Nation Entertainment, Inc. et al., 2:20- 9 cv-03888-GW-GJS. I agree to comply with and to be bound by all the terms of this 10 Stipulated Protective Order and I understand and acknowledge that failure to so 11 comply could expose me to sanctions and punishment in the nature of contempt. I 12 solemnly promise that I will not disclose in any manner any information or item that 13 is subject to this Stipulated Protective Order to any person or entity except in strict 14 compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of 18 this action. I hereby appoint __________________________ [print or type full 19 name] of _______________________________________ [print or type full address 20 and telephone number] as my California agent for service of process in connection 21 with this action or any proceedings related to enforcement of this Stipulated 22 Protective Order. 23 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 Printed name: _______________________________ 27 Signature: _________________________________ 28