distinguishing “good 4 cause” showing for sealing documents produced in discovery from “compelling 5 || reasons” standard when merits-related documents are part of court record
How later courts described this case
- distinguishing “good 4 cause” showing for sealing documents produced in discovery from “compelling 5 || reasons” standard when merits-related documents are part of court record
Written by the judges who cited it.
The opinion
Case 2:19-cv-07375-FMG-S¥ Document 54-1 Filed 01/23/20 Page 1o0f 26 Page ID #:366
1 || Scott P. Shaw (Bar No. 223592) 4 □
sshaw@calljensen.com
L. Lisa Sandoval (Bar No. 310380)
Isandoval@calljensen.com
4 || CALL & JENSEN
A Professional Corporation
5 | 610 Newport Center Drive, Suite 700
6 || Newport Beach, CA 92660
Tel.: (949) 717-3000
7 || Fax: (949) 717-3100
8 . OTE CRANCES MADE BY THE □□□□
Philip H Gottfried (admitted pro hac vice)
□□ pgottfried@arelaw.com
10 || Sandra A. Hudak (admitted pro hac vice)
shudak@arelaw.com
11 |} AMSTER, ROTHSTEIN & EBENSTEIN LLP
12 || 90 Park Avenue
New York, NY 10016
13 | Tel.: (212) 336-8000
14 || Fax: (212) 336-8001
13 | Attorneys for Plaintiff Heritage Lace, Inc.
16
7 _ UNITED STATES DISTRICT COURT
18 CENTRAL DISTRICT OF CALIFORNIA
19
20 || HERITAGE LACE, INC., Case No. 2: 19-cv-07375-FMOA5)
21 Plaintiff,
22 [PROPOSEDTSTIPULATED
33 V. PROTECTIVE ORDER
24 || UNDERWRAPS COSTUME [Discovery Document: Referred to
95 CORPORATION, Magistrate Judge Suzanne H. Segal]
26 Defendant.
4 ROVE CUAROTS MAGE GY THE COULT
28 ||
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Case 2:19-cv-07375-FMO-SS Document 54-1 Filed 01/23/20 Page 2 of 26 Page ID #:367
1 On stipulation of Plaintiff Heritage Lace, Inc. and Defendant °
Underwraps Costume Corporation (collectively, the “Parties”), the Court enters
4a Protective Order in this matter as follows:
S51. A. PURPOSES AND LIMITATIONS
6 Discovery in this action is likely to involve production of confidential,
proprietary or private information for which special protection from public
9 || disclosure and from use for any purpose other than prosecuting this litigation
10 may be warranted. Accordingly, the Parties hereby stipulate to and petition the
Court to enter the following Stipulated Protective Order. The Parties
13 | acknowledge that this Order does not confer blanket protections on all
14 disclosures or responses to discovery and that the protection it affords from
public disclosure and use extends only to the limited information or items that
17 | are entitled to confidential treatment under the applicable legal principles.
18 B. GOOD CAUSE STATEMENT
. This action is likely to involve customer and pricing lists and other
valuable development, commercial, financial, technical and/or proprietary
22 information for which special protection from public disclosure and from use
for any purpose other than prosecution of this action is warranted. Such
25 || confidential and proprietary materials and information consist of, among other
things; confidential business or financial information, information regarding
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1 || confidential business practices, or other confidential research, development, or □
commercial information (including information implicating privacy rights of
4 |{ third parties), information otherwise generally unavailable to the public, or
5 || which may be privileged or otherwise protected from disclosure under state or
federal statutes, court rules, case decisions, or common law. Accordingly, to
8 expedite the flow of information, to facilitate the prompt resolution of disputes
9 || over confidentiality of discovery materials, to adequately protect information
the parties are entitled to keep confidential, to ensure that the parties are
12 || permitted reasonable necessary uses of such material in preparation for and in
13 || the conduct of trial, to address their handling at the end of the litigation, and
serve the ends of justice, a protective order for such information is justified in
16 || this matter. It is the intent of the parties that information will not be designated
|| as confidential for tactical reasons and that nothing be so designated without a
good faith belief that it has been maintained in a confidential, non-public
20 || manner, and there is good cause why it should not be part of the public record
21 | of this case.
22
C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING
23 UNDER SEAL
The Parties further acknowledge, as set forth in Section 12.3, below, that
6 || this Stipulated Protective Order does not entitle them to file confidential
□□ information under seal. Local Civil Rule 79-5 sets forth the procedures that
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1 || must be followed and the standards that will be applied when a party seeks □
permission from the court to file material under seal.
4 There is a strong presumption that the public has a right of access to
5 || judicial proceedings and records in civil cases. In connection with non-
dispositive motions, good cause must be shown to support a filing under seal.
g || See Kamakana v. City and County of Honolulu, 477 F.3d 1172, 1176 (9th Cir.
9 || 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002),
Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999)
12 || (even stipulated protective orders require good cause showing), and a specific
13 || showing of good cause or compelling reasons with proper evidentiary support
and legal justification, must be made with respect to Protected Material that a
16 || Party seeks to file under seal. The parties’ mere designation of Disclosure or
17 Discovery Material as CONFIDENTIAL does not—without the submission of
competent evidence by declaration, establishing that the material sought to be
0 || filed under seal qualifies as confidential, privileged, or otherwise protectable—
21 Il constitute good cause.
Further, if a party requests sealing related to a dispositive motion or trial,
94 || then compelling reasons, not only good cause, for the sealing must be shown,
25 || and the relief sought shall be narrowly tailored to serve the specific interest to
be protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th
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1 | Cir. 2010). For each item or type of information, document, or thing sought to °
2 be filed or introduced under seal in connection with a dispositive motion or
trial, the party seeking protection must articulate compelling reasons, supported
5 | by specific facts and legal justification, for the requested sealing order. Again,
competent evidence supporting the application to file documents under seal
g || must be provided by declaration.
9 Any document that is not confidential, privileged, or otherwise □
protectable in its entirety will not be filed under seal if the confidential portions
12 || can be redacted. If documents can be redacted, then a redacted version for
13] public viewing, omitting only the confidential, privileged, or otherwise
protectable portions of the document, shall be filed. Any application that seeks
16 || to file documents under seal in their entirety should include an explanation of
17 | why redaction is not feasible.
2. DEFINITIONS
20 2.1 Action: the above-captioned pending federal lawsuit entitled
21 Heritage Lace, Inc. v. Underwraps Costume Corp., No. 2:19-cv-07375-FMO-
SS, in the United States District Court for the Central District of California.
74 2.2 “ATTORNEY EYES ONLY” Information or Items: information
25 (regardless of how it is generated, stored or maintained) or tangible things that
qualify for protection under Federal Rule of Civil Procedure 26(c), and as
2g
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specified above in the Good Cause Statement for which disclosures to another □
2 party is likely to result in harm to the Designating Party.
2.3 Challenging Party: a Party or Non-Party that challenges the
5 || designation of information or items under this Order.
2.4 “CONFIDENTIAL” Information or Items: information
g || (regardless of how it is generated, stored or maintained) or tangible things that
9 || qualify for protection under Federal Rule of Civil Procedure 26(c), and as
specified above in the Good Cause Statement.
12 2.5 Counsel: Outside Counsel of Record and House Counsel (as well
13 || as their support staff).
2.6 Designating Party: a Party or Non-Party that designates
16 || information or items that it produces in disclosures or in responses to discovery
17! as “CONFIDENTIAL” or “ATTORNEY EYES ONLY.”
2.7. Disclosure or Discovery Material: all items or information,
20 || regardless of the medium or manner in which it is generated, stored, or
|| maintained (including, among other things, testimony, transcripts, and tangible
things), that are produced or generated in disclosures or responses to discovery
24 || in this matter.
25
26
27
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, 1 2.8 Expert: a person with specialized knowledge or experience ‘ina □
2 matter pertinent to the litigation who has been retained by a Party or its counsel
to serve as an expert witness or as a consultant in this Action.
5 2.9 House Counsel: attorneys who are employees of a party to this
Action. House Counsel does not include Outside Counsel of Record or any
g || other outside counsel.
9 2.10 Non-Party: any natural person, partnership, corporation,
association, or other legal entity not named as a Party to this action.
12 2.11 Outside Counsel of Record: attorneys who are not employees of a
13 | party to this Action but are retained to represent or advise a party to this Action
and have appeared in this Action on behalf of that party or are affiliated with a
16 || law firm that has appeared on behalf of that party, including support staff.
17 2.12 Party: any party to this Action, including all of its officers,
directors, employees, consultants, retained experts, and Outside Counsel of
20 || Record (and their support staffs).
21 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
4 2.14 Professional Vendors: persons or entities that provide litigation
25 support services (e.g., photocopying, videotaping, translating, preparing
26
27
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1 exhibits or demonstrations, and organizing, storing, or retrieving data in’any
2 form or medium) and their employees and subcontractors.
2.15 Protected Material: any Disclosure or Discovery Material that is
5 || designated as “CONFIDENTIAL” or “ATTORNEY EYES ONLY.”
2.16 Receiving Party: a Party that receives Disclosure or Discovery
g || Material from a Producing Party.
913. SCOPE
The protections conferred by this Stipulation and Order cover not only
12 || Protected Material (as defined above), but also (1) any information copied or
13 || extracted from Protected Material; (2) all copies, excerpts, summaries, or
compilations of Protected Material; and (3) any testimony, conversations, or
16 || Presentations by Parties or their Counsel that might reveal Protected Material.
17 Any use of Protected Material at trial shall be governed by the orders of
the trial judge. This Order does not govern the use of Protected Material at trial.
20||4- DURATION
21 Once a case proceeds to trial, all of the court-filed information to be
introduced that was previously designated as confidential or maintained
24 || pursuant to this protective order becomes public and will be presumptively
25 || available to all members of the public, including the press, unless compelling
reasons supported by specific factual findings to proceed otherwise are made
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1 | to the trial judge in advance of the trial. See Kamakana v. City and County of °
Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good
4 cause” showing for sealing documents produced in discovery from “compelling
5 || reasons” standard when merits-related documents are part of court record).
Accordingly, the terms of this protective order do not extend beyond the
g || commencement of the trial.
9 Otherwise, even after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall remain in effect until a
12 || Designating Party agrees otherwise in writing or a court order otherwise directs.
13 | Final disposition shall be deemed to be the later of (1) dismissal of all claims
. and defenses in this Action, with or without prejudice; and (2) final judgment
16 || herein after the completion and exhaustion of all appeals, rehearings, remands,
17 | trials, or reviews of this Action, including the time limits for filing any motions
or applications for extension of time pursuant to applicable law.
205. .DESIGNATING PROTECTED MATERIAL
21 5.1 Exercise of Restraint_and Care in Designating Material for
Protection. Each Party or Non-Party that designates information or items for
24 || protection under this Order must take care to limit any such designation to
25 specific material that qualifies under the appropriate standards. The
Designating Party must designate for protection only those parts of material,
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1 || documents, items, or oral or written communications that qualify so that cther
2 .
portions of the material, documents, items, or communications for which
4 protection is not warranted are not swept unjustifiably within the ambit of this
5 || Order.
Mass, indiscriminate, or routinized designations are prohibited.
g || Designations that are shown to be clearly unjustified or that have been made
9 || for an improper purpose (e.g., to unnecessarily encumber the case development
10
process or to impose unnecessary expenses and burdens on other parties) may
11
12 || expose the Designating Party to sanctions.
13 If it comes to a Designating Party’s attention that information or items
14
that it designated for protection do not qualify for protection, that Designating
15
16 || Party must promptly notify all other Parties that it is withdrawing the
17 || inapplicable designation.
18
19 5.2 Manner and Timing of Designations. Except as otherwise
40 || provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or
211 as otherwise stipulated or ordered, Disclosure or Discovery Material that
22
33 qualifies for protection under this Order must be clearly so designated before
24 || the material is disclosed or produced.
25 Designation in conformity with this Order requires:
26
27
STIPULATED PROTECTIVE ORDER
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1 (a) for information in documentary form (e.g., paper or □
2 electronic documents, but excluding transcripts of depositions or other pretrial
□ □□ OF trial proceedings), that the Producing Party affix, at a minimum, the legend
“CONFIDENTIAL” or “ATTORNEY EYES ONLY” (hereinafter
“CONFIDENTIAL legend”), to each page that contains protected material. If
g || only a portion or portions of the material on a page qualifies for protection, the
9 || Producing Party also must clearly identify the protected portion(s) (e.g., by
10
making appropriate markings in the margins).
11
12 A Party or Non-Party that makes original documents available for
13 || inspection need not designate them for protection until after the inspecting
14
Party has indicated which documents it would like copied and produced.
15
16 || During the inspection and before the designation, all of the material made
17} available for inspection shall be deemed “CONFIDENTIAL” or “ATTORNEY
18
19 EYES ONLY.” After the inspecting Party has identified the documents it
30 || wants copied and produced, the Producing Party must determine which
211 documents, or portions thereof, qualify for protection under this Order. Then,
22
33 before producing the specified documents, the Producing Party must affix the
24 || “CONFIDENTIAL legend” to each page that contains Protected Material. If
25 only a portion or portions of the material on a page qualifies for protection, the
26
27
STIPULATED PROTECTIVE ORDER
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, 1 }f Producing Party also must clearly identify the protected portion(s) (e.g:, by
making appropriate markings in the margins).
4 (b) for testimony given in depositions that the Designating
5 || Party identify the Disclosure or Discovery Material on the record, before the
close of the deposition, of all protected testimony designated as Protected
g || Material. Alternatively, the Designating Party may, within a reasonable time
9 || not to exceed twenty-one (21) days, after the deposition transcript is delivered
to the Designating Party, provide to all counsel written notice identifying the
12 || Specific portion (by page and line numbers) that the Designating Party seeks to
13 || protect, and all parties to the litigation will mark the pages with the appropriate
4 legends.
15
16 (c) for information produced in some form other than
17 documentary and for any other tangible items, that the Producing Party affix in
a prominent place on the exterior of the container or containers in which the
20 || information is stored the legend “CONFIDENTIAL” or “ATTORNEY EYES
211 ONLY.” If only a portion or portions of the information warrants protection,
the Producing Party, to the extent practicable, shall identify the protected
94 || portion(s).
25 5.3 Inadvertent Failures to Designate. If timely corrected, an
inadvertent failure to designate qualified information or items does not,
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1 || standing alone, waive the Designating Party’s right to secure protection under □
2 this Order for such material. Upon timely correction of a designation, the
Receiving Party must make reasonable efforts to assure that the material is
5 || treated in accordance with the provisions of this Order.
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
g 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
9 || designation of confidentiality at any time that is consistent with the Court’s
Scheduling Order.
12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
13 | resolution process under Local Rule 37.1, et seq. Any discovery motion must
strictly comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-
16 || 3.
17 6.3 Joint Stipulation. Any challenge submitted to the Court shall be
via a joint stipulation pursuant to Local Rule 37-2.
20 6.4 Burden. The burden of persuasion in any such challenge
21 proceeding shall be on the Designating Party. Frivolous challenges, and those
made for an improper purpose (e.g., to harass or impose unnecessary expenses
24 || and burdens on other parties) may expose the Challenging Party to sanctions.
Unless the Designating Party has waived or withdrawn the confidentiality
designation, all parties shall continue to afford the material in question the level
2g
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1 || of protection to which it is entitled under the Producing Party’s designation □
2 until the Court rules on the challenge.
4 6.5 If, after the Challenging Party initiates a good faith challenge to a
5 |} designation pursuant to the procedures set forth in Local Rules 37-1, 37-2, and
37-3, the Court finds that the designation was improper and not substantially
8 justified, the Court may award the Challenging Party its reasonable expenses
9 || incurred in submitting its challenge to the Court unless an award of expenses
10 .
would be unjust.
11
12||7- ACCESS TO AND USE OF PROTECTED MATERIAL
13 7.1 Basic Principles. A Receiving Party may use Protected Material that
14
5 is disclosed or produced by another Party or by a Non-Party in connection with
16 || this Action only for prosecuting, defending, or attempting to settle this Action.
17} Such Protected Material may be disclosed only to the categories of persons and
18
19 under the conditions described in this Order. When the Action has been
20 || terminated, a Receiving Party must comply with the provisions of section 13
21} below (FINAL DISPOSITION).
22
33 Protected Material must be stored and maintained by a Receiving Party
24 |} at a location and in a secure manner that ensures that access is limited to the
25 persons authorized under this Order.
26
27
28 □ □ +N -
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1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless □
2 otherwise ordered by the Court or permitted in writing by the Designating
4 Party, a Receiving Party may disclose any information or item designated
5 | “CONFIDENTIAL” only to:
(a) the Receiving Party’s Outside Counsel of Record in this
g || Action, as well as employees of said Outside Counsel of Record to whom it is
9 || reasonably necessary to disclose the information for this Action;
10
(b) the officers, directors, and employees (including House
11
12 || Counsel) of the Receiving Party to whom disclosure is reasonably necessary
13 Il for this Action;
14 a:
(c) Experts (as defined in this Order) of the Receiving Party to
15
16 || whom disclosure is reasonably necessary for this Action and who have signed
17} the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18
19 (d) the Court and its personnel;
20 (e) court reporters and their staff;
21 (f) professional jury or trial consultants, mock jurors, and
22
33 Professional Vendors to whom disclosure is reasonably necessary for this
24 || Action and who have signed the “Acknowledgment and Agreement to Be
25 | Bound” (Exhibit A);
26
27
2gjo
STIPULATED PROTECTIVE ORDER
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1 (g) the author or recipient of a document containing the □
2 information or a custodian or other person who otherwise possessed or knew
the information;
5 (h) during their depositions, witnesses, and attorneys for
witnesses, in the Action to whom disclosure is reasonably necessary provided:
g || (1) the deposing party requests that the witness sign the form attached as
9 || Exhibit A hereto; and (2) they will not be permitted to keep any confidential
information unless they sign the “Acknowledgment and Agreement to Be
12 || Bound” (Exhibit A), unless otherwise agreed by the Designating Party or
13 | ordered by the Court. Pages of transcribed deposition testimony or exhibits to
depositions that reveal Protected Material may be separately bound by the court
16 || feporter and may not be disclosed to anyone except as permitted under this
Stipulated Protective Order; and
(i) any mediator or settlement officer, and their supporting
20 |} personnel, mutually agreed upon by any of the parties engaged in settlement
21}! discussions.
22
3 7.3 Disclosure of “ATTORNEY’S EYES ONLY” Information or
24 || Items. Unless otherwise ordered by the court or permitted in writing by the
25 Designating Party, a Receiving Party may disclose any information or item
designated or “ATTORNEY EYES ONLY” only to:
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1 (a) the Receiving Party’s Outside Counsel of Record in this ~
2 Action, as well as employees of said Outside Counsel of Record to whom it is
reasonably necessary to disclose the information for this Action;
5 (b) Experts (as defined in this Order) of the Receiving Party to
whom disclosure is reasonably necessary for this Action and who have signed
8 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9 (c) the court and its personnel;
(d) court reporters and their staff;
12 (e) professional jury or trial consultants, mock jurors, and
13 || Professional Vendors to whom disclosure is reasonably necessary for this
Action and who have signed the “Acknowledgment and Agreement to Be
16 || Bound” (Exhibit A);
17 (f) the author or recipient of a document containing the
information or a custodian or other person who otherwise possessed or knew
0 || the information; and
21 (g) any mediator or settlement officer, and their supporting
personnel, mutually agreed upon by any of the parties engaged in settlement
24 || discussions; and
25 (h) while the Receiving Party only access any Information
designated as “ATTORNEYS EYES ONLY” as described above, the parties
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may separately agree in writing to redact Information designated as □
2 “ATTORNEYS EYES ONLY” so that said Information may be designated as
4 || CONFIDENTIAL” in its redacted form, to allow the Receiving Party to have
5 || information necessary for evaluating litigation strategy in this Action.
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
7 PRODUCED IN OTHER LITIGATION
8 If a Party is served with a subpoena or a court order issued in other
10 litigation that compels disclosure of any information or items designated in this
11 || Action as “CONFIDENTIAL” or “ATTORNEYS EYES ONLY,” that Party
12 must:
13
14 (a) promptly notify in writing the Designating Party. Such
15 || notification shall include a copy of the subpoena or court order;
16 (b) promptly notify in writing the party who caused the
17
18 subpoena or order to issue in the other litigation that some or all of the material
19 || covered by the subpoena or order is subject to this Protective Order. Such
20
notification shall include a copy of this Stipulated Protective Order; and
21
22 (c) cooperate with respect to all reasonable procedures sought
23 | to be pursued by the Designating Party whose Protected Material may be
24
affected.
25
26 If the Designating Party timely seeks a protective order, the Party served
27 || with the subpoena or court order shall not produce any information designated
STIPULATED PROTECTIVE ORDER
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1 || in this action as “CONFIDENTIAL” or “ATTORNEYS EYES ONLY,” béfore □
2 a determination by the court from which the subpoena or order issued, unless
the Party has obtained the Designating Party’s permission. The Designating
5 | Party shall bear the burden and expense of seeking protection in that court of
its confidential material and nothing in these provisions should be construed as
g || authorizing or encouraging a Receiving Party in this Action to disobey a lawful
9 || directive from another court.
9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
1] PRODUCED IN THIS LITIGATION
12 (a) The terms of this Order are applicable to information produced by
a Non-Party in this Action and designated as “CONFIDENTIAL” or
15 | “ATTORNEYS EYES ONLY.” Such information produced by Non-Parties in
. connection with this litigation is protected by the remedies and relief provided
by this Order. Nothing in these provisions should be construed as prohibiting a
19 || Non-Party from seeking additional protections.
(b) In the event that a Party is required, by a valid discovery request,
9 || to produce a Non-Party’s confidential information in its possession, and the
23 || Party is subject to an agreement with the Non-Party not to produce the Non-
Party’s confidential information, then the Party shall:
26
27
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, 1 (1) promptly notify in writing the Requesting Party and the ©
2 Non-Party that some or all of the information requested is subject to a
confidentiality agreement with a Non-Party;
5 (2) promptly provide the Non-Party with a copy of the
Stipulated Protective Order in this Action, the relevant discovery request(s),
g || and a reasonably specific description of the information requested; and
9 (3) make the information requested available for inspection by
the Non-Party, if requested.
12 (c) If the Non-Party fails to seek a protective order from this Court
|| within 14 days of receiving the notice and accompanying information, the
Receiving Party may produce the Non-Party’s confidential information
16 || fesponsive to the discovery request. If the Non-Party timely seeks a protective
17 || order, the Receiving Party shall not produce any information in its possession
or control that is subject to the confidentiality agreement with the Non-Party
20 || before a determination by the Court. Absent a court order to the contrary, the
21 Non-Party shall bear the burden and expense of seeking protection in this Court
of its Protected Material.
241}10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
25 If a Receiving Party learns that, by inadvertence or otherwise, it has
disclosed Protected Material to any person or in any circumstance not
28 - 20 -
1" = "1" "4847-0278-5705v.3" "* seen 0278-S705v3 PROTECTIVE ORDER
‘Case 2:19-cv-07375-FMO-SS Document 54-1 Filed 01/23/20 Page 21 of 26 Page ID #:386
1 |{ authorized under this Stipulated Protective Order, the Receiving Party must
2 immediately (a) notify in writing the Designating Party of the unauthorized
disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
5 | Protected Material, (c) inform the person or persons to whom unauthorized
disclosures were made of all the terms of this Order, and (d) request such person
g |t OF persons to execute the “Acknowledgment and Agreement to Be Bound” that
9 ll is attached hereto as Exhibit A.
'0 11. INADVERTENT PRODUCTION OF PRIVILEGED OR
11 OTHERWISE PROTECTED MATERIAL
12 When a Producing Party gives notice to Receiving Parties that certain
inadvertently produced material is subject to a claim of privilege or other
15 || protection, the obligations of the Receiving Parties are those set forth in Federal
. Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
18 whatever procedure may be established in an e-discovery order that provides
19 | for production without prior privilege review. Pursuant to Federal Rule of
Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect
99 || of disclosure of a communication or information covered by the attorney-client
23 || privilege or work product protection, the parties may incorporate their
agreement in the stipulated protective order submitted to the Court.
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1" = "1" "4847-0278-5705v.3” ™ 4947 0278-57053. PROTECTIVE ORDER
‘Case 2:19-cv-07375-FMO-SS Document 54-1 Filed 01/23/20 Page 22 of 26 Page ID #:387
1,12. MISCELLANEOUS
2 12.1 Right to Further Relief. Nothing in this Order abridges the right of
any person to seek its modification by the Court in the future.
5 12.2 Right to Assert Other Objections. By stipulating to the entry of
6 this Protective Order, no Party waives any right it otherwise would have to
object to disclosing or producing any information or item on any ground not
9 || addressed in this Stipulated Protective Order. Similarly, no Party waives any
10 right to object on any ground 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 Material must comply with Civil Local Rule 79-5. Protected Material
may only be filed under sea] pursuant to a court order authorizing the sealing
17 | of the specific Protected Material at issue good cause-must-be shown in the ~~~
request to-file-under-seal, If a Party’s request to file Protected Material under
4 || Seal is denied by the Court, then the Receiving Party may file the information
21 || in the public record unless otherwise instructed by the Court.
13. FINAL DISPOSITION
4 After the final disposition of this Action, as defined in paragraph 4,
25 || within 60 days of a written request by the Designating Party, each Receiving
Party must return all Protected Material to the Producing Party or destroy such
1" = "1" "4847-0278-5705v.3" ™ 4947 0278-5705v3 PROTECTIVE ORDER
‘Case 2:19-cv-07375-FMO-SS Document 54-1 Filed 01/23/20 Page 23 of 26 Page ID #:388
1 || material. As used in this subdivision, “all Protected Material” includes all
2 wigs .
copies, abstracts, compilations, summaries, and any other format reproducing
4 oF capturing any of the Protected Material. Whether the Protected Material is
5 | returned or destroyed, the Receiving Party must submit a written certification
to the Producing Party (and, if not the same person or entity, to the Designating
g|| Party) by the 60 day deadline that (1) identifies (by category, where
9 || appropriate) all the Protected Material that was returned or destroyed and (2)
10
affirms that the Receiving Party has not retained any copies, abstracts,
11
12 || compilations, summaries or any other format reproducing or capturing any of
13 || the Protected Material. Notwithstanding this provision, counsel are entitled to
14
retain an archival copy of all pleadings, motion papers, trial, deposition, and
15
16 || hearing transcripts, legal memoranda, correspondence, deposition and trial
17 || exhibits, expert reports, attorney work product, and consultant and expert work
18
19 product, even if such materials contain Protected Material. Any such archival
909 || copies that contain or constitute Protected Material remain subject to this
21 |! Protective Order as set forth in Section 4 (DURATION).
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//
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STIPULATED PROTECTIVE ORDER
1" = "]" "4847-0278-5705v.3" "" 4847-0278-5705v.3
Case 2:19-cv-07375-FMO-SS_ Document 54-1 Filed 01/23/20 Page 24 of 26 Page ID #:389
"1/14. VIOLATION
2 Any violation of this Order may be punished by any and all appropriate
measures including, without limitation, contempt proceedings and/or monetary
5 |f sanctions.
3 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
9 oo.
10 || Dated: [24 | 2020 ita fculrg 4
11 United States Magistrate Judge
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1" = "1" "4847-0278-5705v.3" ™" 4867 0278-5105v3 PROTECTINE ORDER
‘Case 2:19-cv-07375-FMO-SS Document 54-1 Filed 01/23/20 Page 25 of 26 Page ID #:390
EXHIBIT A me
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [print full name],
41 of [print full address],
> || declare under penalty of perjury that I have read in its entirety and understand
©} the Stipulated Protective Order that was issued by the United States District
71! Court for the Central District of California in the case of Heritage Lace, Inc.
and Underwraps Costume Corp., No. 2:19-cv-07375-FMO-SS. I agree to
9 comply with and to be bound by all of the terms of this Stipulated Protective
10 | Order and I understand and acknowledge that failure to so comply could expose
11 | me to sanctions and punishment in the nature of contempt. I solemnly promise
12 |’ that I will not disclose in any manner any information or item that is subject to
13 I this Stipulated Protective Order to any person or entity except in strict
14 compliance with the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District
16! Court for the Central District of California for the purpose of enforcing the
17 | terms of this Stipulated Protective Order, even if such enforcement proceedings
18} occur after termination of this action.
19 Thereby appoint [print full name]
20 | of
21 [print full address and telephone number] as my California agent for service of
22 process in connection with this action or any proceedings related to
23 | enforcement of this Stipulated Protective Order.
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wey" n4847-0278-57050.3" 4847 0278-570503 STIPULATED PROTECTIVE ORDER
‘Case 2:19-cv-07375-FMO-SS Document 54-1 Filed 01/23/20 Page 26 of 26 Page ID #:391
1 || Date:
City and State where sworn and signed:
4 Printed name:
5 |} Signature:
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apf
=n" s48A7-0278-S905v3" = ABAT-OZTE-STOSW A SMPULATED PROTECTIVE ORDER