Opinion
For Advanced Visual Image Design LLC, a California Limited Liability Company doing business as Avid Ink, Plaintiff, Counter Defendant: David Shein, Scott A Burroughs, Stephen M Doniger, Doniger Burroughs APC, Venice, CA.
For Exist Inc, a Florida Corporation, Ross Stores Inc, a California Corporation, Defendants: Darren J Spielman, LEAD ATTORNEY, PRO HAC VICE, Kain Spielman PA, Fort Lauderdale, FL; Robert C Kain, Jr, PRO HAC VICE, Kain Spielman PA, Fort Lauderdale, FL; Sean E Macias, Macias Counsel Inc, Pasadena, CA.
For Exist Inc, a Florida Corporation, Counter Claimant: Darren J Spielman, LEAD ATTORNEY, PRO HAC VICE, Kain Spielman PA, Fort Lauderdale, FL; Robert C Kain, Jr, PRO HAC VICE, Kain Spielman PA, Fort Lauderdale, FL; Sean E Macias, Macias Counsel Inc, Pasadena, CA.
PROCEEDINGS: (IN CHAMBERS) ORDER DECLINING TO ISSUE STIPULATED PROTECTIVE ORDER [ECF DOCKET NO. 51]
Kenly Kiya Kato, United States Magistrate Judge.
The parties' proposed Stipulation and Protective Order has been referred by the District Judge to the Magistrate Judge for consideration. The parties are advised that the Court declines to issue the proposed protective order to which they have stipulated for the following reasons:
1. Proposed ¶ ¶ 6.2 and 13.1 need to be revised to make clear that any motion challenging a designation of material as Confidential or requesting a modification of the Protective Order will need to be made in strict compliance with Local Rules 37-1 and 37-2 ( including the Joint Stipulation requirement ).
2. Proposed ¶ 13.3 needs to be revised to make clear a Party that seeks to file under seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a Party's request to file Protected Material under seal is denied by the court, then the Receiving Party may file the information in the public record unless otherwise instructed by the court.