Italian Connection, Inc. v. Altitude Collection, LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ITALIAN CONNECTION, INC., Case No.: 2:19-cv-06127-CJC-AGR

10 Hon. Alicia G. Rosenberg Presiding

11 Plaintiff, STIPULATED

PROTECTIVE ORDER

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v.

13 DISCOVERY MATTER

ALTITUDE COLLECTION, LLC, et al.

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15 Defendants.

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17 Pursuant to the Stipulation of the Parties, and for good cause appearing, the Court

18 hereby orders the following:

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20 1. A. PURPOSES OF LIMITATIONS

21 Discovery in this action is likely to involve production of confidential, proprietary,

22 or private information for which special protection from public disclosure and from use

23 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the

24 parties hereby stipulate to and petition the Court to enter the following Stipulated

25 Protective Order. The parties acknowledge that this Order does not confer blanket

26 protections on all disclosures or responses to discovery and that the protection it affords

27 from public disclosure and use extends only to the limited information or items that are

28 entitled to confidential treatment under the applicable legal principles. The parties further

1 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order

2 does not entitle them to file confidential information under seal; Civil Local Rule 79-5

3 sets forth the procedures that must be followed and the standards that will be applied

4 when a party seeks permission from the court to file material under seal.

5 B. GOOD CAUSE STATEMENT

6 This action is likely to involve trade secrets, customer and pricing lists and other

7 valuable research, development, commercial, financial, technical and/or proprietary

8 information for which special protection from public disclosure and from use for any

9 purpose other than prosecution of this action is warranted. Such confidential and

10 proprietary materials and information consist of, among other things, confidential

11 business or financial information, information regarding confidential business practices,

12 or other confidential research, development, or commercial information (including

13 information implicating privacy rights of third parties), information otherwise generally

14 unavailable to the public, or which may be privileged or otherwise protected from

15 disclosure under state or federal statutes, court rules, case decisions, or common law.

16 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of

17 disputes over confidentiality of discovery materials, to adequately protect information

18 the parties are entitled to keep confidential, to ensure that the parties are permitted

19 reasonable necessary uses of such material in preparation for and in the conduct of trial,

20 to address their handling at the end of the litigation, and serve the ends of justice, a

21 protective order for such information is justified in this matter. It is the intent of the

22 parties that information will not be designated as confidential for tactical reasons and that

23 nothing be so designated without a good faith belief that it has been maintained in a

24 confidential, non-public manner, and there is good cause why it should not be part of the

25 public record of this case.

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28 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

1 The parties further acknowledge, as set forth in Section 12.3, below, that this

2 Stipulated Protective Order does not entitle them to file confidential information under

3 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the

4 standards that will be applied when a party seeks permission from the court to file

5 material under seal.

6 There is a strong presumption that the public has a right of access to judicial

7 proceedings and records in civil cases. In connection with non-dispositive motions,

8 good cause must be shown to support a filing under seal. See Kamakana v. City and

9 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

10 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,

11 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good

12 cause showing), and a specific showing of good cause or compelling reasons with

13 proper evidentiary support and legal justification, must be made with respect to

14 Protected Material that a party seeks to file under seal. The parties’ mere designation of

15 Disclosure or Discovery Material as CONFIDENTIAL does not—without the

16 submission of competent evidence by declaration, establishing that the material sought

17 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—

18 constitute good cause.

19 Further, if a party requests sealing related to a dispositive motion or trial, then

20 compelling reasons, not only good cause, for the sealing must be shown, and the relief

21 sought shall be narrowly tailored to serve the specific interest to be protected. See

22 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item

23 or type of information, document, or thing sought to be filed or introduced under seal in

24 connection with a dispositive motion or trial, the party seeking protection must

25 articulate compelling reasons, supported by specific facts and legal justification, for the

26 requested sealing order. Again, competent evidence supporting the application to file

27 documents under seal must be provided by declaration.

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1 Any document that is not confidential, privileged, or otherwise protectable in its

2 entirety will not be filed under seal if the confidential portions can be redacted. If

3 documents can be redacted, then a redacted version for public viewing, omitting only the

4 confidential, privileged, or otherwise protectable portions of the document, shall be filed.

5 Any application that seeks to file documents under seal in their entirety should include

6 an explanation of why redaction is not feasible.

7 2. DEFINITIONS

8 2.1 Action: this pending federal lawsuit, Case No. 2:19-cv-06127-CJC-AGR

9 2.2 Challenging Party: a Party or Non-Party that challenges the designation of

10 information or items under this Order.

11 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how

12 it is generated, stored or maintained) or tangible things that qualify for protection under

13 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

14 Statement.

15 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information

16 or Items: extremely sensitive “CONFIDENTIAL” Information or Items, the disclosure

17 of which to another Party or Non-Party would create a substantial risk of serious harm

18 that could not be avoided by less restrictive means.

19 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their

20 support staff).

21 2.6 Designating Party: a Party or Non-Party that designates information or items

22 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or

23 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.”

24 2.7 Disclosure or Discovery Material: all items or information, regardless of the

25 medium or manner in which itis generated, stored, or maintained (including, among other

26 things, testimony, transcripts, and tangible things), that are produced or generated in

27 disclosures or responses to discovery in this matter.

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1 2.8 Expert: a person with specialized knowledge or experience in a matter

2 pertinent to the litigation who has been retained by a Party or its counsel to serve as an

3 expert witness or as a consultant in this Action.

4 2.9 House Counsel: attorneys who are employees of a party to this Action.

5 House Counsel does not include Outside Counsel of Record or any other outside counsel.

6 2.10 Non-Party: any natural person, partnership, corporation, association, or

7 other legal entity not named as a Party to this action.

8 2.11 Outside Counsel of Record: attorneys who are not employees of a party to

9 this Action but are retained to represent or advise a party to this Action and have appeared

10 in this Action on behalf of that party or are affiliated with a law firm which has appeared

11 on behalf of that party, and includes support staff.

12 2.12 Party: any party to this Action, including all of its officers, directors,

13 employees, consultants, retained experts, and Outside Counsel of Record (and their

14 support staffs).

15 2.13 Producing Party: a Party or Non-Party that produces Disclosure or

16 Discovery Material in this Action.

17 2.14 Professional Vendors: persons or entities that provide litigation support

18 services (e.g., photocopying, videotaping, translating, preparing exhibits or

19 demonstrations, and organizing, storing, or retrieving data in any form or medium) and

20 their employees and subcontractors.

21 2.15 Designated Material: any Disclosure or Discovery Material that is

22 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

23 EYES ONLY.”

24 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

25 from a Producing Party.

26 3. SCOPE

27 The protections conferred by this Stipulation and Order cover not only Designated

28 Material (as defined above), but also (1) any information copied or extracted from

1 Designated Material; (2) all copies, excerpts, summaries, or compilations of Designated

2 Material; and (3) any testimony, conversations, or presentations by Parties or their

3 Counsel that might reveal Designated Material.

4 Any use of Designated Material at trial shall be governed by the orders of the trial

5 judge. This Order does not govern the use of Designated Material at trial.

6 4. DURATION

7 FINAL DISPOSITION of the action is defined as the conclusion of any appellate

8 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run.

9 Except as set forth below, the terms of this protective order apply through FINAL

10 DISPOSITION of the action. The parties may stipulate that the they will be contractually

11 bound by the terms of this agreement beyond FINAL DISPOSITION, but will have to

12 file a separate action for enforcement of the agreement once all proceedings in this case

13 are complete.

14 Once a case proceeds to trial, information that was designated as

15 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as

16 an exhibit at trial becomes public and will be presumptively available to all members of

17 the public, including the press, unless compelling reasons supported by specific factual

18 findings to proceed otherwise are made to the trial judge in advance of the trial. See

19 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing

20 documents produced in discovery from “compelling reasons” standard when merits-

21 related documents are part of court record). Accordingly, for such materials, the terms

22 of this protective order do not extend beyond the commencement of the trial.

23 5. DESIGNATING PROTECTED MATERIAL

24 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each

25 Party or Non-Party that designates information or items for protection under this Order

26 must take care to limit any such designation to specific material that qualifies under the

27 appropriate standards. The Designating Party must designate for protection only those

28 parts of material, documents, items, or oral or written communications that qualify so

1 that other portions of the material, documents, items, or communications for which

2 protection is not warranted are not swept unjustifiably within the ambit of this Order.

3 Mass, indiscriminate, or routinized designations are prohibited. Designations that

4 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,

5 to unnecessarily encumber the case development process or to impose unnecessary

6 expenses and burdens on other parties) may expose the Designating Party to sanctions.

7 If it comes to a Designating Party’s attention that information or items that it

8 designated for protection do not qualify for protection, that Designating Party must

9 promptly notify all other Parties that it is withdrawing the inapplicable designation.

10 5.2 Manner and Timing of Designations. Except as otherwise provided in this

11 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or

12 ordered, Disclosure or Discovery Material that qualifies for protection under this Order

13 must be clearly so designated before the material is disclosed or produced.

14 Designation in conformity with this Order requires:

15 (a) for information in documentary form (e.g., paper or electronic

16 documents, but excluding transcripts of depositions or other pretrial or trial proceedings),

17 that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” or

18 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” (hereinafter

19 “CONFIDENTIAL” legend or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

20 ONLY legend”), to each page that contains protected material. If only a portion or

21 portions of the material on a page qualifies for protection, the Producing Party also must

22 clearly identify the protected portion(s) (e.g., by making appropriate markings in the

23 margins).

24 A Party or Non-Party that makes original documents available for inspection need

25 not designate them for protection until after the inspecting Party has indicated which

26 documents it would like copied and produced. During the inspection and before the

27 designation, all of the material made available for inspection shall be deemed

28 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has

1 identified the documents it wants copied and produced, the Producing Party must

2 determine which documents, or portions thereof, qualify for protection under this Order.

3 Then, before producing the specified documents, the Producing Party must affix the

4 “CONFIDENTIAL legend” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

5 ONLY legend” to each page that contains Designated Material. If only a portion or

6 portions of the material on a page qualifies for protection, the Producing Party also must

7 clearly identify the protected portion(s) (e.g., by making appropriate markings in the

8 margins).

9 (b) Deposition transcripts and portions thereof taken in this action may

10 be designated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

11 EYES ONLY” during the deposition or after, in which case the portion of the transcript

12 containing Designated Material shall be identified in the transcript by the Court Reporter

13 as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

14 ONLY.” The designated testimony shall be bound in a separate volume and marked by

15 the reporter accordingly.

16 Where testimony is designated during the deposition, the Designating Party shall

17 have the right to exclude, at those portions of the deposition, all persons not authorized

18 by the terms of this Protective Order to receive such Designated Material Within thirty

19 (30) days after a deposition transcript is certified by the court reporter, any party may

20 designate pages of the transcript and/or its exhibits as Designated Material. During such

21 thirty (30) day period, the transcript in its entirety shall be treated as “CONFIDENTIAL”

22 (except for those portions identified earlier as “HIGHLY CONFIDENTIAL –

23 ATTORNEYS’ EYES ONLY” which shall be treated accordingly from the date of

24 designation). If any party so designates such material, the parties shall provide written

25 notice of such designation to all parties within the thirty (30) day period. Designated

26 Material within the deposition transcript or the exhibits thereto may be identified in

27 writing by page and line, or by underlining and marking such portions

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1 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

2 and providing such marked-up portions to all counsel.

3 (c) for information produced in some form other than documentary and

4 for any other tangible items, that the Producing Party affix in a prominent place on the

5 exterior of the container or containers in which the information is stored the legend

6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.”

7 If only a portion or portions of the information warrants protection, the Producing Party,

8 to the extent practicable, shall identify the protected portion(s).

9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure

10 to designate qualified information or items does not, standing alone, waive the

11 Designating Party’s right to secure protection under this Order for such material. Upon

12 timely correction of a designation, the Receiving Party must make reasonable efforts to

13 assure that the material is treated in accordance with the provisions of this Order.

14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation

16 of confidentiality at any time that is consistent with the Court’s Scheduling Order.

17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution

18 process under Local Rule 37.1 et seq.

19 6.3 The burden of persuasion in any such challenge proceeding shall be on the

20 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,

21 to harass or impose unnecessary expenses and burdens on other parties) may expose the

22 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn

23 the confidentiality designation, all parties shall continue to afford the material in question

24 the level of protection to which it is entitled under the Producing Party’s designation until

25 the Court rules on the challenge.

26 7. ACCESS TO AND USE OF DESIGNATED MATERIAL

27 7.1 Basic Principles. A Receiving Party may use Designated Material that is

28 disclosed or produced by another Party or by a Non-Party in connection with this Action

1 only for prosecuting, defending, or attempting to settle this Action. Such Designated

2 Material may be disclosed only to the categories of persons and under the conditions

3 described in this Order. When the Action has been terminated, a Receiving Party must

4 comply with the provisions of section 13 below (FINAL DISPOSITION).

5 Designated Material must be stored and maintained by a Receiving Party at a

6 location and in a secure manner that ensures that access is limited to the persons

7 authorized under this Order.

8 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

9 ordered by the court or permitted in writing by the Designating Party, a Receiving Party

10 may disclose any information or item designated “CONFIDENTIAL” only to:

11 (a) the Receiving Party’s Outside Counsel of Record in this Action, as

12 well as employees of said Outside Counsel of Record to whom it is reasonably necessary

13 to disclose the information for this Action;

14 (b) the officers, directors, and employees (including House Counsel) of

15 the Receiving Party to whom disclosure is reasonably necessary for this Action;

16 (c) Experts (as defined in this Order) of the Receiving Party to whom

17 disclosure is reasonably necessary for this Action and who have signed the

18 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

19 (d) the court and its personnel;

20 (e) court reporters and their staff;

21 (f) professional jury or trial consultants, mock jurors, and Professional

22 Vendors to whom disclosure is reasonably necessary for this Action and who have signed

23 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

24 (g) the author or recipient of a document containing the information or a

25 custodian or other person who otherwise possessed or knew the information;

26 (h) during their depositions, witnesses, andattorneys for witnesses, in the

27 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

28 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not

1 be permitted to keep any confidential information unless they sign the “Acknowledgment

2 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating

3 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to

4 depositions that reveal Designated Material may be separately bound by the court

5 reporter and may not be disclosed to anyone except as permitted under this Stipulated

6 Protective Order; and

7 (i) any mediator or settlement officer, and their supporting personnel,

8 mutually agreed upon by any of the parties engaged in settlement discussions.

9 7.3 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

10 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in

11 writing by the Designating Party, a Receiving Party may disclose any information or item

12 designated “CONFIDENTIAL” only to:

13 (a) the Receiving Party’s Outside Counsel of Record in this Action, as

14 well as employees of said Outside Counsel of Record to whom it is reasonably necessary

15 to disclose the information for this Action;

16 (b) Experts (as defined in this Order) of the Receiving Party to whom

17 disclosure is reasonably necessary for this Action and who have signed the

18 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

19 (c) the court and its personnel;

20 (d) private court reporters and their staff to whom disclosure is

21 reasonably necessary for this Action and who have signed the “Acknowledgment and

22 Agreement to Be Bound” (Exhibit A);

23 (e) professional jury or trial consultants, mock jurors, and Professional

24 Vendors to whom disclosure is reasonably necessary for this Action and who have signed

25 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

26 (f) the author or recipient of a document containing the information or a

27 custodian or other person who otherwise possessed or knew the information; and

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1 (g) any mediator or settlement officer, and their supporting personnel,

2 mutually agreed upon by any of the parties engaged in settlement discussions.

3 7.4 Nothing herein in any way restricts the ability of the Receiving Party to use

4 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

5 material produced to it in examining or cross-examining any employee or consultant of

6 the Designating Party.

7 7.5 Nothing herein shall bar any attorney in the course of rendering advice to

8 such attorney’s client with respect to this litigation from conveying to any party client

9 the attorney’s evaluation in a general way of HIGHLY CONFIDENTIAL

10 ATTORNEYS’ EYES ONLY information produced or exchanged under the terms of this

11 Protective Order; provided, however, that in rendering such advice and otherwise

12 communicating with the client, the attorney shall not disclose the specific contents of any

13 HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY produced by another party if

14 such disclosure would be contrary to the terms of this Confidentiality Agreement. The

15 Parties further agree that Plaintiff is free to name revealed alleged infringers as

16 defendants in lawsuit, notwithstanding any Party’s designation of documents showing

17 such information as HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY.

18 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

19 IN OTHER LITIGATION

20 If a Party is served with a subpoena or a court order issued in other litigation that

21 compels disclosure of any information or items designated in this Action as

22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY,”

23 that Party must:

24 (a) promptly notify in writing the Designating Party. Such notification

25 shall include a copy of the subpoena or court order;

26 (b) promptly notify in writing the party who caused the subpoena or order

27 to issue in the other litigation that some or all of the material covered by the subpoena or

28 order is subject to this Protective Order. Such notification shall include a copy of this

1 Stipulated Protective Order; and

2 (c) cooperate with respect to all reasonable procedures sought to be

3 pursued by the Designating Party whose Designated Material may be affected.

4 (d) If the Designating Party timely seeks a protective order, the Party

5 served with the subpoena or court order shall not produce any information designated in

6 this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’

7 EYES ONLY” before a determination by the court from which the subpoena or order

8 issued, unless the Party has obtained the Designating Party’s permission. The

9 Designating Party shall bear the burden and expense of seeking protection in that court

10 of its confidential material and nothing in these provisions should be construed as

11 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive

12 from another court.

13 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

14 PRODUCED IN THIS LITIGATION

15 (a) The terms of this Order are applicable to information produced by a

16 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

17 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information produced by

18 Non-Parties in connection with this litigation is protected by the remedies and relief

19 provided by this Order. Nothing in these provisions should be construed as prohibiting a

20 Non-Party from seeking additional protections.

21 (b) In the event that a Party is required, by a valid discovery request, to

22 produce a Non-Party’s confidential information in its possession, and the Party is subject

23 to an agreement with the Non-Party not to produce the Non-Party’s confidential

24 information, then the Party shall:

25 (1) promptly notify in writing the Requesting Party and the Non-

26 Party that some or all of the information requested is subject to a confidentiality

27 agreement with a Non-Party;

28 (2) promptly provide the Non-Party with a copy of the Stipulated

1 Protective Order in this Action, the relevant discovery request(s), and a reasonably

2 specific description of the information requested; and

3 (3) make the information requested available for inspection by the

4 Non-Party, if requested.

5 (c) If the Non-Party fails to seek a protective order from this court within

6 14 days of receiving the notice and accompanying information, the Receiving Party may

7 produce the Non-Party’s confidential information responsive to the discovery request. If

8 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any

9 information in its possession or control that is subject to the confidentiality agreement

10 with the Non-Party before a determination by the court. Absent a court order to the

11 contrary, the Non-Party shall bear the burden and expense of seeking protection in this

12 court of its Designated Material.

13 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

15 Designated Material to any person or in any circumstance not authorized under this

16 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

17 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

18 all unauthorized copies of the Designated Material, (c) inform the person or persons to

19 whom unauthorized disclosures were made of all the terms of this Order, and (d) request

20 such person or persons to execute the “Acknowledgment and Agreement to Be Bound”

21 that is attached hereto as Exhibit A.

22 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

23 PROTECTED MATERIAL

24 When a Producing Party gives notice to Receiving Parties that certain

25 inadvertently produced material is subject to a claim of privilege or other protection, the

26 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure

27 26(b)(5)(B). This provision is not intended to modify whatever procedure may be

28 established in an e-discovery order that provides for production without prior privilege

1 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach

2 an agreement on the effect of disclosure of a communication or information covered by

3 the attorney-client privilege or work product protection, the parties may incorporate their

4 agreement in the stipulated protective order submitted to the court.

5 12. MISCELLANEOUS

6 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

7 person to seek its modification by the Court in the future.

8 12.2 Right to Assert Other Objections. By stipulating to the entry of this

9 Protective Order, no Party waives any right it otherwise would have to object to

10 disclosing or producing any information or item on any ground not addressed in this

11 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground

12 to use in evidence of any of the material covered by this Protective Order.

13 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected

14 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed

15 under seal pursuant to a court order authorizing the sealing of the specific Protected

16 Material at issue. If a Party’s request to file Protected Material under seal is denied by

17 the court, then the Receiving Party may file the information in the public record unless

18 otherwise instructed by the court.

19 13. FINAL DISPOSITION

20 After the final disposition of this Action, as defined in paragraph 4, within 60 days

21 of a written request by the Designating Party, each Receiving Party must return all

22 Designated Material to the Producing Party or destroy such material. As used in this

23 subdivision, “all Designated Material” includes all copies, abstracts, compilations,

24 summaries, and any other format reproducing or capturing any of the Designated

25 Material. Whether the Designated Material is returned or destroyed, the Receiving Party

26 must submit a written certification to the Producing Party (and, if not the same person or

27 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category,

28 where appropriate) all the Designated Material that was returned or destroyed and (2)

1 || affirms that the Receiving Party has not retained any copies, abstracts, compilations,

2 | summaries or any other format reproducing or capturing any of the Designated Material.

3 || Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

4 || pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

5 | correspondence, deposition and trial exhibits, expert reports, attorney work product, and

6 || consultant and expert work product, even if such materials contain Designated Material.

7 || Any such archival copies that contain or constitute Designated Material remain subject

8 | to this Protective Order as set forth in Section 4 (DURATION).

9 14. VIOLATION

10 Any violation of this Order may be punished by any and all appropriate measures

11 | including, without limitation, contempt proceedings and/or monetary sanctions.

12 IT IS SO ORDERED.

Date: January 28, 2020 _ Mii A Kanbing,

HON. ALICIA G. ROSENBERG

15 U.S. MAGISTRATE JUDGE

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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4 I, _____________________________ [print or type full name], of

5 _________________ [print or type full address], declare under penalty of perjury that I

6 have read in its entirety and understand the Stipulated Protective Order that was issued

7 by the United States District Court for the Central District of California on [date] in the

8 case of Italian Connection, Inc. v. Altitude Collection, LLC et al. 2:19-cv-06127-CJC-

9 AGR. I agree to comply with and to be bound by all the terms of this Stipulated Protective

10 Order and I understand and acknowledge that failure to so comply could expose me to

11 sanctions and punishment in the nature of contempt. I solemnly promise that I will not

12 disclose in any manner any information or item that is subject to this Stipulated Protective

13 Order to any person or entity except in strict compliance with the provisions of this Order.

14 I further agree to submit to the jurisdiction of the United States District Court for

15 the Central District of California for the purpose of enforcing the terms of this Stipulated

16 Protective Order, even if such enforcement proceedings occur after termination of this

17 action. I hereby appoint __________________________ [print or type full name] of

18 _______________________________________ [print or type full address and telephone

19 number] as my California agent for service of process in connection with this action or

20 any proceedings related to enforcement of this Stipulated Protective Order.

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Date: ______________________________________

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City and State where sworn and signed: _________________________________

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24 Printed name: _______________________________

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Signature: __________________________________

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