GAG ORDER WITH UNIVERSAL TRANSLATOR

GAG ORDER WITH UNIVERSAL TRANSLATOR:

THIS ORDER WAS FILED BY THE ESTATE EXECUTORS, IT STATES THIS HAS BEEN AGREED BY HTWF, THIS WAS NOT TRUE. HTWF WERE NOT AWARE OF THIS ORDER, LUCKY IT WAS DENIED BY THE JUDGE. THEN THE ATTORNEY FOR HTWF WAS FIRED!!

 

[PROPOSED] STIPULATION PROTECTIVE ORDER GOVERNING THE USE AND MAINTENACE OF CONFIDENTIAL MATERIAL

 

GREENBERG TRAURIG, LLP

VINCENT H. CHIEFFO (SBN 49069)

E-Mail: ChieffoV@gtlaw.com

NINA D. BOYAJIAN (SBN 246415)

E-Mail: BoyajianN@gtlaw.com

2450 Colorado Avenue, Suite 400E

Santa Monica, CA 90404-5524

Telephone: 310-586-7700

Facsimile: 310-586-7800

Attorneys for Plaintiffs/Counter defendants John G.

Branca and John McClain, Special Administrators of the

Estate of Michael J. Jackson; Triumph International, Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA -WESTERN DIVISION

JOHN G. BRANCA, Special

Administrator of the Estate of Michael J.

Jackson; JOHN MCCLAIN, Special

Administrator of the Estate of Michael J.

Jackson; TRIUMPH INTERNATIONAL,

INC., a California corporation,

Plaintiffs,

 

HEAL THE WORLD FOUNDATION, a

California corporation; UNITED FLEET,

a California corporation; and DOES 1-10,

inclusive,

Defendants.

CASE NO. CV 09-07084 DMG (PLAx)

[PROPOSED] STIPULATED

PROTECTIVE ORDER GOVERNING

THE USE AND MAINTENANCE OF

CONFIDENTIAL MATERIAL

HEAL THE WORLD FOUNDATION

AND UNITED FLEET

Counter-claimants,

 

JOHN G. BRANCA; JOHN MCCLAIN,

AND TRIUMPH INTERNATIONAL,

INC.,

Counter-defendants.

Complaint Filed: September 29, 2009

Hon. Dolly M. Gee

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[PROPOSED] STIPULATED PROTECTIVE ORDER

LA-129,085,909v1

The Court recognizes that, to protect the confidentiality of documents and other

materials produced during discovery, Plaintiffs John G. Branca and John McClain,

Special Administrators of the Estate of Michael J. Jackson and Triumph International,

Inc., and Defendants Heal the World Foundation and United Fleet, (collectively, the

Parties) have agreed to be bound by the terms this Stipulated Protective Order

Governing the Use of Confidential Material (Order):

 

1. Designated Materials:

Any party in this action or any third-party witness shall have the right to designate any material produced during discovery (including

exhibits, documents and things produced by any party or witness, electronic files, disks

or DVDs, answers to interrogatories, responses to requests for admissions, responses to

requests for production, subpoenas, declarations, affidavits, and deposition testimony or

transcripts) which comprises or contains information which such party or witness claims

in good faith to constitute trade secrets, confidential research (including market research

and demographic information), product development, the development and creation of

advertising, commercial information (including business plans and license agreements),

financial information (including sales figures and advertising expenditures) or personnel

information as CONFIDENTIAL. Such materials are referred to throughout this Order

 

as Designated Materials.

Information shall not be designated as Designated Materials, and shall not be

subject to any form of protection if it is, or becomes, public knowledge, as shown by

publicly available writings, other than through violation of the terms of this Order or as a

result of misappropriation from the disclosing party. If a party disagrees with the other

party’s designation, the party requesting the change in designation shall make such

request in writing on counsel for the other party. The requested change shall occur

and/or the requested permission shall be granted, unless within ten (10) business days

after such notice is received by the other party, an objection is sent to the requesting

party. The Parties shall attempt in good faith to resolve the dispute by agreement, and

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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unless and until the objection is resolved, or is overruled by the Court, the designation

shall remain in force and effect.

The failure to immediately challenge a designation shall not constitute

acquiescence to such designation and a challenge to such can be made at any time.

 

2. Marking and Deposition Procedures:

Documents and other discovery materials shall be designated by labeling such documents and materials in a visible

manner with an appropriate legend stamped or affixed thereto, or by a manner mutually

agreeable to the Parties if the materials cannot be readily so labeled. Deposition

transcripts or portions thereof may be designated as confidential by a party or third-party

witness either: (a) before the testimony is taken, in which case the portion of the

transcript of the designated testimony shall be bound in a separate volume and marked

CONFIDENTIAL by the reporter, as the designating party may direct; or (b) by written

notice to the reporter and all counsel of record, given within twenty (20) business days

after the reporter sends written notice to the deponent or the deponent’s counsel that the

transcript is available for review, in which case all counsel receiving such notice shall be

responsible for marking the copies of the designated transcript or portion thereof in their

possession or control as directed by the designating party or witness. Pending expiration

of the twenty business days, all Parties and, if applicable, any third-party witnesses or

attorneys, shall treat the deposition transcript as if it had been designated

CONFIDENTIAL. No person shall attend the designated portions of such depositions

unless such person is an authorized recipient of Designated Materials under the terms of

this Order.

 

3. Restriction on Disclosure and Use:

No person may use or disclose Designated Materials or information derived from such materials (excluding information

which is derived lawfully from an independent source) except for purposes of this action

and as set forth in this or any further order of the court; but nothing contained in this

Order shall affect the right of a party or other witness to use its own Designated Materials

as it sees fit. In addition, and without limiting the foregoing, except as provided in

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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paragraphs 4 and 9, no receiving party, including any consultants or employees of a

receiving party, shall be given access to Designated Materials of any producing party, nor

shall the contents or substance of any Designated Materials be disclosed to any such

person.

 

4. Access – CONFIDENTIAL: Designated Materials marked

 

CONFIDENTIAL shall be available only to (1) counsel of record for the named

Parties, their partners, associates and employees, (2) in-house counsel of the named

Parties in this action, and (3) the named Parties to this action (including current officers

and employees). Materials marked CONFIDENTIAL may also be disclosed to outside

consultants if the consultant is not already otherwise retained by the party outside the

context of this litigation, but only after the outside consultant signs a copy of the

Acknowledgment of Confidentiality Order in the form of Exhibit A attached hereto,

including all the information to be completed therein, and agrees to be bound by all terms

and conditions of this Order. Counsel to whom Designated Materials are produced shall

keep in his or her files an original of each such signed Acknowledgment of

Confidentiality Order.

 

5. Procedures for Filing Designated Material: Designated Materials marked:

 

as CONFIDENTIAL may be included with, or referred to in, papers filed with the

Court where this case is now pending or in any subsequent appellate courts only in

accordance with the following procedures:

(a) The documents marked as CONFIDENTIAL must be filed under seal or

lodged with the court in sealed envelopes endorsed with the title of this action, an

indication of the contents of the envelope, the identity of the filing party and the notation

CONFIDENTIAL–SUBJECT TO PROTECTIVE ORDER–NOT TO BE DISCLOSED

EXCEPT BY COURT ORDER OR WRITTEN STIPULATION OF THE PARTIES.

(b) All papers filed with the court, including but not limited to pleadings and

memoranda of law, which quote, incorporate, refer to, or cite information set forth in

Designated Materials marked as CONFIDENTIAL must be filed under seal or lodged

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[PROPOSED] STIPULATED PROTECTIVE ORDER

LA-129,085,909v1

with the court in accordance with the terms and procedures set forth in this Order,

including the procedures for filing materials set forth above in paragraph 5(a). Counsel

for the Parties shall be responsible for designating all papers filed with the court as

CONFIDENTIAL depending on the contents of the papers being filed. Such papers

shall be subject to the terms of this Order to the same extent as the Designated Materials

described in paragraphs 1 through 4.

(c) All materials and papers filed under seal or lodged with the court much clearly

be marked filed under seal or lodged with the court.

(d) In addition to the copy lodged with the court, a copy of all sealed materials and

papers must be served on opposing counsel. Counsel for all Parties shall be obligated to

retain a copy of all sealed materials in the event of an appeal.

(e) At the conclusion of scheduled hearings, the party filing documents under seal

shall request permission to retrieve them from the court and retain them intact. In the

event of an appeal, the party preparing the record extract shall separately bind all

materials or papers filed under seal which are designated for inclusion in the record

extract. By joint motion, the Parties shall request that the sealed contents of the record

extract be sealed, lodged with the court or otherwise segregated from public inspection in

accordance with the local rules of court. The procedures set forth in this paragraph shall

be repeated for all documents and papers filed under seal in each court where a hearing,

proceeding, or appeal is docketed.

(f) Prior to including or referring to any Designated Materials in a court filing, the

Parties agree to meet and confer to discuss appropriate procedures for the filing and

whether any stipulations can be reached that would either obviate the need for inclusion

of or reference to Designated Materials in the filing or support a request to file

Designated Materials under seal.

 

6. Expurgated Filings:

The Parties shall request that expurgated versions of materials or papers may be filed under seal or lodged with the court in accordance with

normal procedures and made publicly available provided that:

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[PROPOSED] STIPULATED PROTECTIVE ORDER

LA-129,085,909v1

(a) All references to Designated Materials are deleted or obscured and all

Designated Materials are removed as exhibits; and

(b) Expurgated versions are clearly marked Public Version Confidential Material

Omitted. Expurgated versions must also clearly identify each place where information

or exhibits have been deleted.

 

7. Agreement:

In no event shall any Designated Materials, papers, orinformation derived directly from either source be disclosed to any person other than

those who have agreed to be bound by the terms of this Order (or court personnel) except

by order of the Court or by written stipulation of the Parties. All persons entitled under

this Order to receive Designated Materials, except counsel for the Parties, their regularly

employed staffs, and Court personnel, shall represent their willingness to be bound by

this Order on behalf of themselves and the named party for whom they are employed.

 

8. Disclosure to Authors and Previous Recipients:

The designation of any document as CONFIDENTIAL shall not preclude any party from showing such

document to any person who appears as the author or as a recipient on the face of the

document. This paragraph applies only to Designated Materials, and does not permit

disclosure of confidential court papers except as set forth elsewhere in this Order.

 

9. Procedure for Seeking Additional Disclosures:

Prior to disclosure of any Designated Material other than as provided in paragraphs 3, 4 and 8 above, counsel

desiring to make such disclosure shall first provide ten (10) business days prior written

notice of his or her intent to make such disclosure to counsel for the designating party or

third-party witness, stating therein the specific material to be disclosed and the name,

address, and position of the person to whom such disclosure is to be made. If within this

ten (10) business day period the designating party or third-party witness gives written

notification of an objection to the disclosure to counsel desiring to make the disclosure,

no disclosure shall be made except by order of the Court upon a regularly noticed motion

brought by counsel desiring to make the disclosure. Before filing such a motion, counsel

desiring to make the disclosure shall meet and confer with counsel for the designating

 

 

10. Subpoena of Designated Material:

If a party in possession of Designated Materials receives a subpoena from a non-party to this Order seeking production or other

disclosure of Designated Materials, that party shall take all legally available affirmative

steps necessary to seek a protective order, quash the subpoena, or otherwise resist

disclosure and, unless legally prohibited, give immediate notice to counsel for the party

that designated the materials CONFIDENTIAL so that the designating party can

intervene on its own behalf. In addition, unless legally prohibited under no

circumstances may any production or disclosure of Designated Materials take place

without giving written notice to counsel for the designating party at least seven (7)

business days prior to production or disclosure. Such notice should state the Designated

Materials sought and enclose a copy of the subpoena.

 

11. Responsibility of Attorneys:

Counsel of record shall be responsible for providing a copy of this Order to all persons entitled to review Designated Materials

pursuant to paragraphs 3, 4, and 8 above, and to employ reasonable measures to control

duplication of, access to, and distribution of copies of materials and papers so designated.

No person shall duplicate any Designated Materials except as contemplated by this

Order, for use as exhibits at depositions, in connection with court filings or, as necessary,

by counsel or Court personnel for use as working copies.

 

12. Disclosure of Designated Materials at Trial or Pretrial Hearings:

If a party anticipates that it may disclose any Designated Materials at trial or a pretrial

hearing in this action, it shall give at least forty-eight (48) hours notice to the court and

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[PROPOSED] STIPULATED PROTECTIVE ORDER

LA-129,085,909v1

all other Parties of such anticipated disclosure specifying that the information disclosed is

designated as CONFIDENTIAL. When such notice has been given, counsel shall join

in a request for an in camera or similarly confidential proceeding during the disclosure of

the Designated Materials. The requirement of advance notice shall not apply to a

disclosure of Designated Materials in rebuttal or response to another party’s oral

argument at the hearing where the need for such disclosure could not be reasonably

anticipated in advance of the hearing, or to Designated Materials previously filed under

seal. However, prior to disclosing any information designated as CONFIDENTIAL in

a reply or rebuttal argument, counsel shall inform the court and opposing counsel of his

or her intention to do so and of the designation of the information to be disclosed. He or

she shall then request, or give counsel for the designating party the opportunity to

request, an in camera or similarly confidential proceeding during the disclosure of the

designated information.

 

13. Reference to this Order at Trial:

The Parties shall jointly move for an order in limine prohibiting any reference at the trial of this matter in the presence of a jury to

the existence of this Order or to the effect that certain information is subject to this Order.

 

14. Final Disposition:

Upon the final disposition of this action, the attorneys for the Parties and the clerk of the Court shall return any materials or papers filed with

the Court which are designated CONFIDENTIAL to the party or witness from whom

they were obtained or destroy all such materials, papers, disks and DVDs, and all copies

of such materials, papers, disks and DVDs, pursuant to the instructions of the designating

party, unless otherwise agreed to by the designating party or ordered by the court.

Counsel of record, however, shall be entitled to maintain one set of materials and papers

filed with the court which may contain or refer to Designated Materials. If no

instructions are received, all Designated Materials and papers may be destroyed 180 days

after the conclusion of a final nonappealable judgment or determination. When

Designated Material or papers have been destroyed pursuant to this provision, a

certificate of destruction shall be prepared and provided to counsel for the opposing party

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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indicating that such material has been destroyed. In addition, upon final disposition of

this action, counsel of record shall furnish copies of all signed acknowledgements

obtained in accordance with the provisions of paragraphs 3, 4, and 8 above to all other

counsel of record.

 

15. Procedure for Modification of Order/Objection to Designation:

No party to this action shall be obligated to challenge the propriety of any designation by any other

party or witness, and a failure to do so shall not constitute a waiver or in any way

preclude a subsequent challenge in this or any other action to the propriety of such

designation. Any party objecting to the designation of any information as

CONFIDENTIAL must give counsel for the designating party written notice of its

reasons for the objection and within ten (10) business days of such notice meet and

confer with counsel for the designating party in a good faith effort to resolve their

differences. Failing resolution within this ten (10) business day period, the party

objecting may, on duly noticed motion, seek an order changing or removing the

designation. The Court may modify or amend this Order as it deems appropriate.

16. Effective Date:

This Order shall be effective on the date of its execution.

 

17. Termination:

The termination of this action shall not automatically terminate the effectiveness of this Order and persons subject to this Order shall be bound

by the confidentiality obligations of this Order until the designating party agrees

otherwise in writing or this Court (or any other court of competent jurisdiction) orders

otherwise.

IT IS SO ORDERED.

DATED: _____________________ By:________________________________

Honorable Dolly M. Gee

United States District Judge

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Exhibit A

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LA-129,085,909v1

EXHIBIT A

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA–WESTERN DIVISION

JOHN G. BRANCA, Special

Administrator of the Estate of Michael J.

Jackson; JOHN MCCLAIN, Special

Administrator of the Estate of Michael J.

Jackson; TRIUMPH INTERNATIONAL,

INC., a California corporation,

Plaintiffs,

 

HEAL THE WORLD FOUNDATION, a

California corporation; UNITED FLEET,

a California corporation; and DOES 1-10,

inclusive,

Defendants.

AND RELATED COUNTERCLAIM.

CASE NO. CV 09-07084 DMG (PLAx)

ACKNOWLEDGEMENT OF

CONFIDENTIALITY ORDER AND

AGREEMENT TO BE BOUND

I acknowledge that I have been given a copy of, read, and understand the

Stipulated Protective Order Governing the Use of Confidential Material (Order)

entered in the above-captioned lawsuit.

I further acknowledge and agree to comply with the terms of the Order and be

bound by it. I acknowledge, understand, and agree that by receiving confidential

information hereunder I am subject to penalty for contempt of court for any violation of

the terms of the Order.

Dated: ______________ _______________________________

Name of Individual to whom

disclosure will be made

________________________________

Address, including County and State of

Residence

 DENIED!!