Or Translate this:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
JOHN G. BRANCA, et al.,
HEAL THE WORLD FOUNDATION,
and related counterclaims.
No. CV 09-7084-DMG (PLAx)
MEMORANDUM AND ORDER RE:
PARTIES’ PROPOSED STIPULATED
The Court has received and considered the parties’ proposed Stipulated Protective Order
(Protective Order). The Court is unable to adopt the Protective Order as stipulated to by the
parties for the followings reasons:
First, if confidential material is included in any papers to be filed in Court, such papers shall
be accompanied by an application to file the papers — or the confidential portion thereof — under
seal; the application must show good cause for the under seal filing. (See pages 3-4, at ¶
5). The application shall be directed to the judge to whom the papers are directed. Pending the
ruling on the application, the papers or portions thereof subject to the sealing application shall be
lodged under seal.
Second, in the event of a dispute regarding the designation or disclosure of confidential
information, the procedure for obtaining a decision from the Court is that set forth in Local Rule
37. (See pages 5-6, at ¶ 9). If the parties want to file the Joint Stipulation required by Local Rule
37 under seal, the parties may file a stipulation to that effect or the moving party may file an ex
parte application making the appropriate request. The parties must set forth good cause in the
stipulation or ex parte application as to why the Joint Stipulation or portions thereof should be filed
Third, once a case proceeds to trial, all of the information that was designated as
confidential and/or kept and maintained pursuant to the terms of a protective order becomes public
and will be presumptively available to all members of the public, including the press, unless good
cause is shown to the district judge in advance of the trial to proceed otherwise. The Court will
not enter a protective order that extends beyond the commencement of trial.
Fourth, the parties should not include any language in the Protective Order that obligates
the Court or its personnel to act in a certain manner or limits its actions in relation to the
confidential documents. (See, e.g., page 7, at ¶ 14).
Finally, the Court may only enter a protective order upon a showing of good cause. Phillips
v. G.M. Corp., 307 F.3d 1206, 1209 (9th Cir. 2002) (Rule 26(c) requires a showing of good cause
for a protective order); Makar-Wellbon v. Sony Electronics, Inc., 187 F.R.D. 576, 577 (E.D.Wis.
1999) (even stipulated protective orders require good cause showing). The parties’ stipulation fails
to include any statements to demonstrate good cause for issuing the protective
order. In any revised stipulated protective order submitted to the Court, the parties must include
a statement demonstrating good cause for entry of a protective order pertaining to the documents
or information described in the order. The paragraph containing the statement of good cause
should be preceded by a heading stating: GOOD CAUSE STATEMENT.
DATED: October 14, 2010
PAUL L. ABRAMS
UNITED STATES MAGISTRATE JUDGE