Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 1 of 29 Page ID #:960
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`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`
` Case No. 8:17-cv-00981-JVS-JCG
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`STIPULATED PROTECTIVE
`ORDER
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`
`
` Case No. 2:17-cv-04263-JVS-JCG
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`
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`DOCUMENT SECURITY SYSTEMS,
`INC.,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`SEOUL SEMICONDUCTOR CO.,
`LTD., and SEOUL
`SEMICONDUCTOR, INC.,
`
`
`Defendants.
`DOCUMENT SECURITY SYSTEMS,
`INC.,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`CREE, INC.,
`
`
`Defendant.
`DOCUMENT SECURITY SYSTEMS,
`INC.,
`
`
` Case No. 2:17-cv-04273-JVS-JCG
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`RUSS, AUGUST & KABAT
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`Plaintiff,
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`STIPULATED PROTECTIVE ORDER
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`

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`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 2 of 29 Page ID #:961
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`
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`
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`v.
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`EVERLIGHT ELECTRONICS CO.,
`LTD., and EVERLIGHT AMERICAS,
`INC.,
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`Defendants.
`DOCUMENT SECURITY SYSTEMS,
`INC.,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`LITE-ON, INC., and LITE-ON
`TECHNOLOGY CORPORATION,
`
`
`Defendants.
`DOCUMENT SECURITY SYSTEMS,
`INC.,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`NICHIA CORPORATION; AND
`NICHIA AMERICA CORPORATION,
`
`
`Defendants.
`
`
` Case No. 2:17-cv-06050-JVS-JCG
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`
`
` No. 2:17-CV-08849-JVS-JCG
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`RUSS, AUGUST & KABAT
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`STIPULATED PROTECTIVE ORDER
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`

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`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 3 of 29 Page ID #:962
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`It is hereby stipulated by the parties that the Court enter the following Order
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`protecting confidentiality of both party and non-party information to be disclosed
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`in these litigations.
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`1.
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`PURPOSES AND LIMITATIONS
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`Disclosure and discovery activity in this action are likely to involve
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`production of confidential, proprietary, or private information for which special
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`protection from public disclosure and from use for any purpose other than
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`prosecuting this litigation may be warranted. This Order does not confer blanket
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`protections on all disclosures or responses to discovery and the protection it affords
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`from public disclosure and use extends only to the limited information or items that
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`are entitled to confidential treatment under the applicable legal principles and Civil
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`Local Rules. As set forth in Section 12.3 below, this Protective Order does not by
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`itself entitle the Parties to file confidential information under seal; Civil Local Rule
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`79-5 sets forth the procedures that must be followed and the standards that will be
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`applied when a party seeks permission from the court to file material under seal.
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`2.
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`DEFINITIONS
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`2.1 Challenging Party: a Party or Non-Party
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`that challenges
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`the
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`designation of information or items under this Order.
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`2.2
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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 constitute or
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`include information that is not publicly known and that cannot be ascertained from
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`an inspection of publicly available documents.
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`2.3 Counsel (without qualifier): House and Outside Counsel for a Party
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`(as well as their respective support staff).
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`2.4 Designating Party: a Party or Non-Party that designates information or
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`items
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`that
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`it produces
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`in disclosures or
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`in responses
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`to discovery as
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`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY.”
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`STIPULATED PROTECTIVE ORDER
`
`1
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`RUSS, AUGUST & KABAT
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`

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`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 4 of 29 Page ID #:963
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`2.5 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 maintained (including,
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`among other things, testimony, transcripts, and tangible things), that are produced,
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`disclosed or generated in this matter, such as in responses to discovery requests, at
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`depositions, or in hearings.
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`2.6 Expert: a person who (1) has been retained by a Party or its counsel to
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`serve as an expert witness or as a consultant in this action, (2) is not a past or
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`current employee of a Party, and (3) at the time of retention, is not anticipated to
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`become an employee of a Party.
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`2.7
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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`Information or Items: extremely sensitive “Confidential Information or Items,”
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`disclosure of which to another Party or Non-Party, even under the restricted terms
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`and conditions applicable to material designated “CONFIDENTIAL,” would not
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`adequately protect the interests of the Designating Party. Examples of HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY material include, but are not
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`limited to, the following:
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`A.
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`Confidential licenses, licensing terms, and communications regarding
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`licensing;
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`B.
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`C.
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`D.
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`Confidential sales, pricing, profit, and other financial information;
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`Confidential business, marketing, and strategic plans and forecasts;
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`Confidential technical information, including design, engineering and
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`development documents;
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`E.
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`Employee personal information, to the extent such information is
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`produced and not redacted;
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`F.
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`G.
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`Trade Secrets;
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`Confidential customer information; and
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`RUSS, AUGUST & KABAT
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`STIPULATED PROTECTIVE ORDER
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`2
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`

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`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 5 of 29 Page ID #:964
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`H. Any other type or category of information which a Producing Party
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`believes must be held in highest level of confidence because it could otherwise
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`create a competitive disadvantage.
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`2.8 House Counsel: attorneys who are employees of a Party or a related
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`entity. House Counsel does not include Outside Counsel.
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`2.9 Non-Party: any natural person, partnership, corporation, association,
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`or other legal entity not named as a Party.
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`2.10 Outside Counsel: attorneys who are not employees of a Party but are
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`retained to represent or advise a Party in connection with this action.
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`2.11 Party: any party to one of the above actions, including all of its
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`officers, directors, employees, consultants, retained experts, and Outside Counsel
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`(and their support staffs). The individual actions are not consolidated and there is
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`no obligation for one defendant to share its confidential information with any other
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`defendant in the above-listed cases.
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`2.12 Producing Party: a Party or Non-Party that produces Disclosure or
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`Discovery Material in this action.
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`2.13 Professional Vendors: persons or entities that provide litigation
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`support services (e.g., court reporting, photocopying, videotaping, translating,
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`preparing exhibits or demonstrations, and organizing, storing, or retrieving data in
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`any form or medium) and their employees and subcontractors.
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`2.14 Protected Material: any Disclosure or Discovery Material that is
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`designated
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`as
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`“CONFIDENTIAL” or
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`“HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY.”
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`2.15 Receiving Party: a Party that receives Disclosure or Discovery
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`Material from a Producing Party.
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`3.
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`SCOPE
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`The protections conferred by this Order cover not only Protected Material
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`(as defined above), but also (1) any information copied or extracted from Protected
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`STIPULATED PROTECTIVE ORDER
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`3
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`RUSS, AUGUST & KABAT
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`

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`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 6 of 29 Page ID #:965
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`Material; (2) all copies, excerpts, summaries, or compilations of Protected
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`Material; and (3) any testimony, conversations, or presentations by Parties or their
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`Counsel that might reveal Protected Material. However, the protections conferred
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`by this Order do not cover the following information: (a) any information that is in
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`the public domain at the time of disclosure to a Receiving Party, including but not
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`limited to (i) publicly available advertising materials, (ii) materials that have been
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`published to the general public, or (iii) documents that have been submitted to any
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`governmental entity without request for confidential treatment, or that becomes
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`part of the public domain after its disclosure to a Receiving Party as a result of
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`publication not involving a violation of this Order, including becoming part of the
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`public record through trial or otherwise; and (b) any information known to the
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`Receiving Party prior to the disclosure or obtained by the Receiving Party after the
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`disclosure from a source who obtained the information lawfully and under no
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`obligation of confidentiality to the Designating Party. Nothing in this Order shall
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`restrict in any way a Producing Party’s use or disclosure of its own Protected
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`Material.
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`4.
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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 in
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`writing to remove the confidentiality designation or a court order otherwise directs.
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`Final disposition shall be deemed to be the later of (1) dismissal of all claims and
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`defenses in this action, with or without prejudice; and (2) final judgment herein
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`after the completion and exhaustion of all appeals, rehearings, remands, trials, or
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`reviews of this action, including the time limits for filing any motions or
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`applications for extension of time pursuant to applicable law. The Court will retain
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`jurisdiction over disputes arising from this stipulated protective order for ninety
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`(90) days after final disposition, as defined in the preceding sentence.
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`RUSS, AUGUST & KABAT
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`STIPULATED PROTECTIVE ORDER
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`4
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`

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`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 7 of 29 Page ID #:966
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`5.
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`DESIGNATING PROTECTED MATERIAL
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`5.1 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 protection under
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`this Order must take care to limit any such designation to specific material that it
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`reasonably believes there is good cause to protect in accordance with the
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`definitions and provisions of this Order. Such designations shall be made in good
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`faith.
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`If it comes to a Designating Party’s attention that information or items that it
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`designated for protection do not qualify for protection at all or do not qualify for
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`the level of protection initially asserted, that Designating Party must promptly
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`notify all Receiving Parties that it is withdrawing the designation.
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`5.2 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 otherwise
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`stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
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`under this Order must be clearly so designated before the material is disclosed or
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`produced.
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`Designation in conformity with this Order requires:
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`(a) for information in documentary form (e.g., paper or electronic
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`documents, but excluding transcripts of depositions or other pretrial or trial
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`proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” to each page that
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`contains Protected Material. If only a portion or portions of the material on a page
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`qualifies for protection, the Producing Party also must clearly identify the
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`protected portion(s) (e.g., by making appropriate markings in the margins) and
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`must specify, for each portion, the level of protection being asserted.
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`If a Party or Non-Party identifies a set of documents that are better made
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`available for inspection, the Party or Non-Party may make the original documents
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`or materials available for inspection as they are kept in the ordinary course of
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`STIPULATED PROTECTIVE ORDER
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`5
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`RUSS, AUGUST & KABAT
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`

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`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 8 of 29 Page ID #:967
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`business. The Party or Non-Party need not designate them for protection until after
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`the inspecting Party has indicated which material it would like copied and
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`produced. During the inspection and before the designation, all of the material
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`made available for inspection shall be deemed “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the
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`documents it wants copied and produced, the Producing Party must determine
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`which documents, or portions thereof, qualify for protection under this Order.
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`Then, before producing the specified documents, the Producing Party must affix
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`the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY”) as required by this Order.
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`(b) for testimony given in a deposition, hearing, or other proceeding, that the
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`Designating Party identifies on the record, before the close of the deposition,
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`hearing, or other proceeding, all protected testimony and specifies the level of
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`protection being asserted. When it is impractical to identify separately each
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`portion of testimony that is entitled to protection and it appears that substantial
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`portions of the testimony may qualify for protection, the Designating Party may
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`invoke on the record (before the deposition, hearing, or other proceeding is
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`concluded) a right to have up to 30 days from the time the final transcript is
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`received by the Designating Party to identify the specific portions of the testimony
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`as to which protection is sought and to specify the level of protection being
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`asserted. Only those portions of the testimony that are appropriately designated for
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`protection within the 30 days shall be covered by the provisions of this Protective
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`Order. Alternatively, a Designating Party may specify, at the deposition, hearing,
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`or other proceeding, or up to 30 days afterwards if that period is properly invoked,
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`that the entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” In the event that the
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`deposition is videotaped, the original and all copies of the videotape shall be
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`RUSS, AUGUST & KABAT
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`STIPULATED PROTECTIVE ORDER
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`6
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`

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`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 9 of 29 Page ID #:968
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`marked by the video technician pursuant to the terms of this Protective Order to
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`indicate that the contents of the videotape are subject to this Protective Order.
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`Parties shall give the other parties notice if they reasonably expect a
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`deposition, hearing, or other proceeding to include Protected Material so that the
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`other parties can ensure that only authorized individuals including those who have
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`signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A) are
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`present at those proceedings. Counsel for the Producing Party shall have the right
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`to exclude from oral depositions—other than the deponent, the deponent’s counsel,
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`the reporter and the videographer (if any)—any person who is not authorized by
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`this Protective Order to receive or access Protected Material based on the
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`designation of such Protected Material. Such right of exclusion shall be applicable
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`only during periods of examination or testimony regarding such Protected
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`Material. The use of a document as an exhibit at a deposition shall not in any way
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`affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY.”
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`Transcripts containing Protected Material shall have an obvious legend on
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`the title page that the transcript contains Protected Material, and the title page shall
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`be followed by a list of all pages (including line numbers as appropriate) that have
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`been designated as Protected Material and the level of protection being asserted by
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`the Designating Party. The Designating Party shall inform the court reporter of
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`these requirements. Any transcript that is prepared before the expiration of the 30-
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`day period for designation shall be treated during that period as if it had been
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`designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its
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`entirety unless otherwise agreed. After the expiration of that period, the transcript
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`shall be treated only as actually designated.
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`(c) for information produced in some form other than documentary and for
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`any other tangible items, that the Producing Party affix in a prominent place on the
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`exterior of the container or containers in which the information or item is stored
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`STIPULATED PROTECTIVE ORDER
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`7
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`RUSS, AUGUST & KABAT
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`

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`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 10 of 29 Page ID #:969
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`the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY.” If the information or tangible item cannot be conveniently labeled,
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`it shall be designated by written notice to all Receiving Parties. If only a portion or
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`portions of the information or item warrant protection, the Producing Party, to the
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`extent practicable, shall identify the protected portion(s) and specify the level of
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`protection being asserted.
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`5.3
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`Inadvertent Failures to Designate. If timely corrected, an
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`inadvertent 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 this Order for
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`such material. Upon timely correction of a designation, the Receiving Party must
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`make reasonable efforts to assure that the material is treated in accordance with the
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`provisions of this Order.
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`6.
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`CHALLENGING CONFIDENTIALITY DESIGNATIONS
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`6.1 Timing of Challenges. Any Party or Non-Party may challenge a
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`designation of confidentiality at any time. Unless a prompt challenge to a
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`Designating Party’s confidentiality designation is necessary to avoid foreseeable,
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`substantial unfairness, unnecessary economic burdens, or a significant disruption
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`or delay of the litigation, a Party does not waive its right to challenge a
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`confidentiality designation by electing not to mount a challenge promptly after the
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`original designation is disclosed.
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`6.2 Meet and Confer. The Challenging Party shall initiate the dispute
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`resolution process by providing written notice of each designation it is challenging
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`and describing the basis for each challenge. To avoid ambiguity as to whether a
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`challenge has been made, the written notice must recite that the challenge to
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`confidentiality is being made in accordance with this specific paragraph of the
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`Protective Order. The parties shall attempt to resolve each challenge in good faith
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`and must begin the process by conferring directly (in voice to voice dialogue; other
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`forms of communication are not sufficient) within 7 days of the date of service of
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`STIPULATED PROTECTIVE ORDER
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`8
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`RUSS, AUGUST & KABAT
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`

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`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 11 of 29 Page ID #:970
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`notice. In conferring, the Challenging Party must explain the basis for its belief
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`that the confidentiality designation was not proper and must give the Designating
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`Party an opportunity to review the designated material, to reconsider the
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`circumstances, and, if no change in designation is offered, to explain the basis for
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`the chosen designation. A Challenging Party may proceed to the next stage of the
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`challenge process only if (1) it has engaged in this meet and confer process first, or
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`(2) establishes that the Designating Party is unwilling to participate in the meet and
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`confer process in a timely manner.
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`6.3
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`Judicial Intervention. If the Parties cannot resolve a challenge without
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`court intervention, the Designating Party shall file and serve a motion to retain
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`confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule
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`79-5, if applicable) within 21 days of the initial notice of challenge or within 14
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`days of the parties agreeing that the meet and confer process will not resolve their
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`dispute, whichever is later. Failure to file such a motion or otherwise seek court
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`intervention within the designated time period shall result in a waiver of the issue.
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`In addition, the Challenging Party may file a motion challenging a confidentiality
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`designation at any time after complying with the meet and confer requirements
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`imposed in the preceding paragraph, including a challenge to the designation of a
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`deposition transcript or any portions thereof. Any motion brought pursuant to this
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`provision, whether by the Designating Party or Challenging Party, must be
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`accompanied by a competent declaration affirming that the movant has complied
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`with the meet and confer requirements imposed by the preceding paragraph.
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`The burden of persuasion in any such challenge proceeding shall be on the
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`Designating Party. Frivolous challenges and those made for an improper purpose
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`(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
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`expose the Challenging Party to sanctions. Unless the Designating Party has
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`waived the confidentiality designation by failing to file a motion to retain
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`confidentiality as described above, all parties shall continue to afford the material
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`STIPULATED PROTECTIVE ORDER
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`9
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`RUSS, AUGUST & KABAT
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`

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`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 12 of 29 Page ID #:971
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`in question the level of protection to which it is entitled under the Producing
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`Party’s designation until the court rules on the challenge.
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`7.
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`ACCESS TO AND USE OF PROTECTED MATERIAL
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`7.1 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 connection with this
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`case only for prosecuting, defending, or attempting to settle this litigation. Such
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`Protected Material may be disclosed only to the categories of persons and under
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`the conditions described in this Order. Nothing in this Order shall bar or otherwise
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`restrict any attorney herein from rendering advice to his or her client with respect
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`to this litigation; provided, however, that in rendering such advice and in otherwise
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`communicating with his client, the attorney shall not make specific disclosure of
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`any information or item of the Protected Material. When the litigation has been
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`terminated, a 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 Party at a
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`location and in a secure manner that ensures that access is limited to the persons
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`authorized under this Order.
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`7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
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`otherwise ordered by the court or permitted in writing by the Designating Party, a
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`Receiving Party may disclose
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`any
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`information or
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`item designated
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`“CONFIDENTIAL” only to:
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`(a) the Receiving Party’s Outside Counsel in this action, as well as
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`employees of said Outside Counsel to whom disclosure is reasonably necessary for
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`this litigation;
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`(b) the officers, directors, and employees (including House Counsel) of the
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`Receiving Party to whom disclosure is reasonably necessary for this litigation and
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`who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`RUSS, AUGUST & KABAT
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`STIPULATED PROTECTIVE ORDER
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`10
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`

`

`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 13 of 29 Page ID #:972
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`(c) Experts (as defined in this Order) of the Receiving Party (1) to whom
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`disclosure is reasonably necessary for this litigation, (2) who have signed the
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`“Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as to whom
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`the procedures set forth in paragraph 7.4, below, have been followed, as well as
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`employees of said Experts to whom disclosure is reasonably necessary for this
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`litigation;
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`(d) the court and its personnel;
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`(e) court reporters and their staff, professional jury or trial consultants,
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`interpreters or translators, and Professional Vendors to whom disclosure is
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`reasonably necessary for this litigation and who have signed the “Acknowledgment
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`and Agreement to Be Bound” (Exhibit A);
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`(f) during their depositions, witnesses in the action for the Designating Party
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`or the Producing Party (not the Receiving Party), including former employees
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`whom Receiving Party has a good faith belief had access to the information during
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`their employment with the Designating Party or the Producing Party;
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`(g) the author or recipient appearing on the face of a document containing
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`the information or a custodian or other person who otherwise possessed or knew
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`the information; and
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`(h) any mediator who is assigned to hear this matter, and his or her staff.
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`7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY” Information or Items. Unless otherwise ordered by the court or permitted
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`in writing by the Designating Party, a Receiving Party may disclose any
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`information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY” only to:
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`RUSS, AUGUST & KABAT
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`STIPULATED PROTECTIVE ORDER
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`11
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`

`

`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 14 of 29 Page ID #:973
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`(a) the Receiving Party’s Outside Counsel in this action, as well as
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`employees of said Outside Counsel to whom it is reasonably necessary to disclose
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`the information for this litigation;1
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`(b) Experts of the Receiving Party (1) to whom disclosure is reasonably
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`necessary for this litigation, (2) who have signed the “Acknowledgment and
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`Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth
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`in paragraph 7.4, below, have been followed, as well as employees of said Experts
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`to whom disclosure is reasonably necessary for this litigation;
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`(c) the court and its personnel;
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`(d) court reporters and their staff, professional jury or trial consultants,
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`interpreters or translators, and Professional Vendors to whom disclosure is
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`reasonably necessary for this litigation and who have signed the “Acknowledgment
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`and Agreement to Be Bound” (Exhibit A);
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`(e) during their depositions, witnesses in the action for the Designating Party
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`or the Producing Party (not the Receiving Party), including former employees
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`whom Receiving Party has a good faith belief had access to the information during
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`their employment with the Designating Party or the Producing Party;
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`(f) the author or recipients appearing on the face of a document containing
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`the information or a custodian or other person who otherwise possessed or knew
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`the information; and
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`(g) any mediator who is assigned to hear this matter, and his or her staff.
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`7.4 Procedures
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`for Approving or Objecting
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`to Disclosure of
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`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY” Information or Items to Experts.
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` (a) Unless otherwise ordered by the Court or agreed to in writing by the
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`Designating Party, a Party that seeks to disclose to an Expert (as defined in this
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`1 This Order contemplates that House Counsel shall not have access to any information or items designated
`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
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`STIPULATED PROTECTIVE ORDER
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`12
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`RUSS, AUGUST & KABAT
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`

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`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 15 of 29 Page ID #:974
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`Order) any information or item that has been designated “CONFIDENTIAL” or
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” pursuant to
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`paragraph 7.2 or 7.3 first must make a written request to the Designating Party that
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`(1) sets forth the full name of the Expert and the city and state of his or her primary
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`residence, (2) attaches a copy of the Expert’s current resume and the
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`“Acknowledgement and Agreement to be Bound,” (3) identifies the Expert’s
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`current employer(s), (4) identifies each person or entity from whom the Expert has
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`received compensation or funding for work in his or her areas of expertise or to
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`whom the expert has provided professional services, including in connection with a
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`litigation, at any time during the preceding five years,2 and (5) identifies (by name
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`and number of the case, filing date, and location of court) any litigation in
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`connection with which the Expert has offered expert testimony, including through
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`a declaration, report, or testimony at a deposition or trial, during the preceding five
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`years.
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`(b) A Party that makes a request and provides the information specified in
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`the preceding respective paragraphs may disclose the subject Protected Material to
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`the identified Expert unless, within 7 days of delivering the request, the Party
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`receives a written objection from the Designating Party. Any such objection must
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`set forth in detail the grounds on which it is based.
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`(c) A Party that receives a timely written objection must meet and confer
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`with the Designating Party (through direct voice to voice dialogue) to try to resolve
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`the matter by agreement within 7 days of the written objection. If no agreement is
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`reached, the Party challenging the disclosure to the Expert may file a motion as
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`provided in Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if
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`applicable). Any such motion must describe the circumstances with specificity, set
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`2 If the Expert believes any of this information is subject to a confidentiality obligation to a Non-Party, then the
`Expert should provide whatever information the Expert believes can be disclosed without violating any
`confidentiality agreements, and the Party seeking to disclose to the Expert shall be available to meet and confer with
`the Designating Party regarding any such engagement.
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`STIPULATED PROTECTIVE ORDER
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`13
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`RUSS, AUGUST & KABAT
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`

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`Case 2:17-cv-04273-JVS-JCG Document 73 Filed 05/18/18 Page 16 of 29 Page ID #:975
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`forth in detail the reasons why disclosure to the Expert would likely result in harm
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`to the movant, and suggest any additional means that could be used to reduce that
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`risk. In addition, any such motion must be accompanied by a competent
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`declaration describing the parties’ efforts to resolve the matter by agreement (i.e.,
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`the extent and the content of the meet and confer discussions) and setting forth the
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`reasons advanced by the Designating Party for its refusal to approve the disclosure.
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`In any such proceeding, the Party opposing disclosure to the Expert shall
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`bear the burden of proving that the risk of harm that the disclosure would entail
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`(under the safeguards proposed) outweighs the Receiving Party’s need to disclose
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`the Protected Material to its Expert.
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`8.
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`PROTECTED MATERIAL SUBPOENAED OR ORDERED
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`PRODUCED 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 o