Judge Young B. Kim's rules set a pre-motion procedure for challenge confidentiality designation. Parties challenging confidentiality designation must meet and confer in good faith with the designating party before filing a motion.
The rule identifies required filing content or certificates. To designate a document as Confidential Information, parties must affix the marking “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” to the document and all copies without obscuring legibility.
The rule identifies required filing content or certificates. Copies of documents marked as confidential under the protective order must bear the same marking, with exceptions for indices and lists that do not disclose confidential substance.
Judge Young B. Kim's rules set procedures for sealed or redacted filings. This Order does not authorize filing documents under seal; parties seeking to file Confidential Information under seal must comply with LR 26.2.
The rule addresses filing timing, filing status, or cure windows. Designating party must respond to confidentiality designation challenge within 5 business days.
The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties, timing: 14 calendar days. A Notice of Designation must be served to all parties of record within 14 days after deposition transcript delivery to preserve confidential designation, with failure to do so waiving the designation unless the Court orders otherwise.
Footnote 1 must be removed from the proposed Agreed Confidentiality Order before submission to the court.
Changes to the model Agreed Confidentiality Order must be indicated via redlining with deletions and additions marked.
Footnote 2 must be removed from the proposed order once Section 2 (Confidential Information) is finalized.
Parties should include the applicable bracketed language ([If by agreement] or [If not fully agreed]) and delete the other as needed for their case.
To designate a document as Confidential Information, parties must affix the marking “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” to the document and all copies without obscuring legibility.
Parties may not designate publicly available information or documents as Confidential Information under this Order.
Copies of documents marked as confidential under the protective order must bear the same marking, with exceptions for indices and lists that do not disclose confidential substance.
Designating a document as Confidential Information constitutes a certification by the attorney or pro se party that the document meets the order's definition of Confidential Information.
Deposition testimony is protected under the order only if designated with the confidential marking on the record at the time of testimony, with the designation specifying the confidential portions.
A Notice of Designation must be served to all parties of record within 14 days after deposition transcript delivery to preserve confidential designation, with failure to do so waiving the designation unless the Court orders otherwise.
Unless all parties agree on the record at the time of deposition, all deposition testimony is treated as confidential until 14 days after transcript delivery or 60 days after testimony, whichever is earlier.
A Notice of Designation must be served to all parties of record within the applicable time period (14 days after transcript delivery or 60 days after testimony) to designate specific confidential portions of deposition testimony, with failure to do so waiving the designation unless the Court orders otherwise.
Court reporters must separately bind confidential deposition transcript pages and exhibits, which may only be disclosed as permitted by this Order.
This Order does not authorize filing documents under seal; parties seeking to file Confidential Information under seal must comply with LR 26.2.
Parties challenging confidentiality designation must meet and confer in good faith with the designating party before filing a motion.
Designating party must respond to confidentiality designation challenge within 5 business days.
Motions to challenge confidentiality designation must include a competent declaration affirming compliance with meet and confer.
Parties must treat challenged confidential materials as Confidential Information until the Court rules on the challenge.
All applications to court relating to Confidential Information must be made by motion.
Parties must notify court of intent to use Confidential Information at trial via motion or pretrial memorandum without disclosing the information.
Receiving party served with subpoena to disclose Confidential Information must notify designating party in writing within 3 business days.