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!!
MEMORANDUM-AND-ORDER-RE-PARTIES’-PROPOSED-STIPULATED-PROTECTIVE-ORDER
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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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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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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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
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(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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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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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