Design Collection, Inc. v. The TJX Companies, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DESIGN COLLECTION, INC., a Case No.: 2:19-cv-10265-CBM-AFM

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California Corporation, Hon. Alexander F. MacKinnon

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Plaintiff,

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[PROPOSED] STIPULATED

15 v. PROTECTIVE ORDER

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THE TJX COMPANIES, INC., et al,

DISCOVERY MATTER

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18 Defendants.

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Pursuant to Fed.R.Civ.P. 26(c), the parties to this lawsuit, through

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undersigned counsel, jointly submit this Stipulated Protective Order to govern the

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handling of information and materials produced in the course of discovery or filed

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with the Court in this action:

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1. A. PURPOSES AND LIMITATIONS

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

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proprietary, or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation may

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be warranted. Accordingly, the parties hereby stipulate to and petition the Court

1 enter the following Protective Order. The parties acknowledge that this Order does

2 not confer blanket protections on all disclosures or responses to discovery and that

3 the protection it affords from public disclosure and use extends only to the limited

4 information or items that are entitled to confidential treatment under the applicable

5 legal principles.

6 B. GOOD CAUSE STATEMENT

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

8 other valuable research, development, commercial, financial, technical and/or

9 proprietary information for which special protection from public disclosure and

10 from use for any purpose other than prosecution of this action is warranted. Such

11 confidential and proprietary materials and information consist of, among other

12 things, confidential business or financial information, information regarding

13 confidential business practices, or other confidential research, development, or

14 commercial information (including information implicating privacy rights of third

15 parties), information otherwise generally unavailable to the public, or which may be

16 privileged or otherwise protected from disclosure under state or federal statutes,

17 court rules, case decisions, or common law. Accordingly, to expedite the flow of

18 information, to facilitate the prompt resolution of disputes over confidentiality of

19 discovery materials, to adequately protect information the parties are entitled to keep

20 confidential, to ensure that the parties are permitted reasonable necessary uses of

21 such material in preparation for and in the conduct of trial, to address their handling

22 at the end of the litigation, and serve the ends of justice, a protective order for such

23 information is justified in this matter. It is the intent of the parties that information

24 will not be designated as confidential for tactical reasons and that nothing be so

25 designated without a good faith belief that it has been maintained in a confidential,

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

27 record of this case.

1 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

2 SEAL

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

4 Stipulated Protective Order does not entitle them to file confidential information

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

6 and the standards that will be applied when a party seeks permission from the court

7 to file material under seal.

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

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

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

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

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

13 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

14 require good cause showing), and a specific showing of good cause or compelling

15 reasons with proper evidentiary support and legal justification, must be made with

16 respect to Protected Material that a party seeks to file under seal. The parties’ mere

17 designation of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY

18 CONFIDENTIAL – ATTORNEYS’ EYES ONLY does not— without the

19 submission of competent evidence by declaration, establishing that the material

20 sought to be filed under seal qualifies as confidential, privileged, or otherwise

21 protectable—constitute good cause.

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

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

24 relief sought shall be narrowly tailored to serve the specific interest to be protected.

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

26 each item or type of information, document, or thing sought to be filed or introduced

27 under seal in connection with a dispositive motion or trial, the party seeking

1 justification, for the requested sealing order. Again, competent evidence supporting

2 the application to file documents under seal must be provided by declaration.

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

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

5 documents can be redacted, then a redacted version for public viewing, omitting

6 only the confidential, privileged, or otherwise protectable portions of the document,

7 shall be filed. Any application that seeks to file documents under seal in their

8 entirety should include an explanation of why redaction is not feasible.

9 2. DEFINITIONS

10 2.1 Action: The instant action: Design Collection, Inc. v. The TJX

11 Companies, Inc., et al, USDC Case No.: 2:19-cv-10265-CBM-AFM.

12 2.2 Challenging Party: a Party or Non-Party that challenges the

13 designation of information or items under this Order.

14 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

15 how it is generated, stored or maintained) or tangible things that qualify for

16 protection under Federal Rule of Civil Procedure 26(c), and as specified above in

17 the Good Cause Statement.

18 2.4 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”

19 Information or Items: extremely sensitive “CONFIDENTIAL” Information or

20 Items, the disclosure of which to another Party or Non-Party would create a

21 substantial risk of serious harm that could not be avoided by less restrictive means.

22 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as

23 their support staff).

24 2.6 Designating Party: a Party or Non-Party that designates information or

25 items that it produces in disclosures or in responses to discovery as

26 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

27 ONLY.”

1 of the medium or manner in which it is generated, stored, or maintained (including,

2 among other things, testimony, transcripts, and tangible things), that are produced or

3 generated in disclosures or responses to discovery in this matter.

4 2.8 Expert: a person with specialized knowledge or experience in a matter

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

6 an expert witness or as a consultant in this Action.

7 2.9 House Counsel: attorneys who are employees of a party to this Action.

8 House Counsel does not include Outside Counsel of Record, or any other outside

9 counsel.

10 2.10 Non-Party: any natural person, partnership, corporation, association, or

11 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

14 have appeared in this Action on behalf of that party or are affiliated with a law firm

15 which has appeared on behalf of that party and includes support staff.

16 2.12 Party: any party to this Action, including all of its officers, directors,

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

18 support staffs).

19 2.13 Producing Party: a Party or Non-Party that produces Disclosure or

20 Discovery Material in this Action.

21 2.14 Professional Vendors: persons or entities that provide litigation

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

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

24 and their employees and subcontractors.

25 2.15 Protected Material: any Disclosure or Discovery Material that is

26 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL --

27 ATTORNEYS’ EYES ONLY.”

1 Material from a Producing Party.

2 3. SCOPE

3 The protections conferred by this Order cover not only Protected Material (as

4 defined above), but also (1) any information copied or extracted from Protected

5 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;

6 and (3) any deposition testimony, conversations, or presentations by Parties or their

7 Counsel that might reveal Protected Material, other than during a court hearing or at

8 trial.

9 Any use of Protected Material during a court hearing or at trial shall be

10 governed by the orders of the presiding judge. This Order does not govern the use

11 of Protected Material during a court hearing or at trial.

12 4. DURATION

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

14 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

15 as an exhibit at trial becomes public and will be presumptively available to all

16 members of the public, including the press, unless compelling reasons supported by

17 specific factual findings to proceed otherwise are made to the trial judge in advance

18 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

19 showing for sealing documents produced in discovery from “compelling reasons”

20 standard when merits-related documents are part of court record). Accordingly, the

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

22 Subject to the immediately foregoing paragraph, after final disposition of this

23 Action, the confidentiality obligations imposed by this Order shall remain in effect

24 until a Designating Party agrees otherwise in writing or a court order otherwise

25 directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims

26 and defenses in this Action, with or without prejudice; and (2) final judgment herein

27 after the completion and exhaustion of all appeals, rehearings, remands, trials, or

1 applications for extension of time pursuant to applicable law.

2 5. DESIGNATING PROTECTED MATERIAL

3 5.1 Exercise of Restraint and Care in Designating Material for Protection.

4 Each Party or Non-Party that designates information or items for protection under

5 this Order must take care to limit any such designation to specific material that

6 qualifies under the appropriate standards. The Designating Party must designate for

7 protection only those parts of material, documents, items, or oral or written

8 communications that qualify so that other portions of the material, documents,

9 items, or communications for which protection is not warranted are not swept

10 unjustifiably within the ambit of this Order.

11 Mass, indiscriminate, or routinized designations are prohibited. Designations

12 that are shown to be clearly unjustified or that have been made for an improper

13 purpose (e.g., to unnecessarily encumber the case development process or to impose

14 unnecessary expenses and burdens on other parties) may expose the Designating

15 Party to sanctions.

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

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

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

19 5.2 Manner and Timing of Designations. Except as otherwise provided in

20 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise

21 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

22 under this Order must be clearly so designated before the material is disclosed or

23 produced.

24 Designation in conformity with this Order requires:

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

26 documents, but excluding transcripts of depositions), that the Producing Party affix

27 at a minimum, the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL --

1 only a portion or portions of the material on a page qualifies for protection, the

2 Producing Party also must clearly identify the protected portion(s) (e.g., by making

3 appropriate markings in the margins).

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

5 need not designate them for protection until after the inspecting Party has indicated

6 which documents it would like copied and produced. During the inspection and

7 before the designation, all of the material made available for inspection shall be

8 deemed “CONFIDENTIAL.” After the inspecting Party has identified the

9 documents it wants copied and produced, the Producing Party must determine which

10 documents, or portions thereof, qualify for protection under this Order. Then,

11 before producing the specified documents, the Producing Party must affix the

12 “CONFIDENTIAL”, or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

13 ONLY” legend to each page that contains Protected Material. If only a portion or

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

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

16 in the margins).

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

18 designated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL –

19 ATTORNEYS’ EYES ONLY” during the deposition or after, in which case the

20 portion of the transcript containing Designated Material shall be identified in the

21 transcript by the Court Reporter as “CONFIDENTIAL,” or “HIGHLY

22 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” The designated testimony

23 shall be bound in a separate volume and marked by the reporter accordingly.

24 Where testimony is designated during the deposition, the Designating

25 Party shall have the right to exclude, at those portions of the deposition, all persons

26 not authorized by the terms of this Protective Order to receive such Designated

27 Material Within seven (7) days after a deposition transcript is certified by the court

1 Designated Material. During such seven (7) day period, the transcript in its entirety

2 shall be treated as “CONFIDENTIAL” (except for those portions identified earlier

3 as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” which shall be

4 treated accordingly from the date of designation). If any party so designates such

5 material, the parties shall provide written notice of such designation to all parties

6 within the seven (7) day period. Designated Material within the deposition

7 transcript or the exhibits thereto may be identified in writing by page and line, or by

8 underlining and marking such portions “CONFIDENTIAL,” “HIGHLY

9 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and providing such marked-up

10 portions to all counsel.

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

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

13 the exterior of the container or containers in which the information is stored the

14 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’

15 EYES ONLY.” If only a portion or portions of the information warrants protection,

16 the Producing Party, to the extent practicable, shall identify the protected portion(s).

17 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

18 failure to designate qualified information or items does not, standing alone, waive

19 the Designating Party’s right to secure protection under this Order for such material.

20 Upon timely correction of a designation, the Receiving Party must make reasonable

21 efforts to assure that the material is treated in accordance with the provisions of this

22 Order.

23 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

24 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

25 designation of confidentiality at any time that is consistent with the Court’s

26 Scheduling Order.

27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

1 6.3 Any challenge submitted to the Court shall be via a joint stipulation

2 pursuant to Local Rule 37-2.

3 6.4 The burden of persuasion in any such challenge proceeding shall be on

4 the Designating Party. Frivolous challenges, and those made for an improper

5 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

6 parties) may expose the Challenging Party to sanctions. Unless the Designating

7 Party has waived or withdrawn the confidentiality designation, all parties shall

8 continue to afford the material in question the level of protection to which it is

9 entitled under the Producing Party’s designation until the Court rules on the

10 challenge.

11 7. ACCESS TO AND USE OF PROTECTED MATERIAL

12 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

15 Protected Material may be disclosed only to the categories of persons and under the

16 conditions described in this Order. When the Action has been terminated, a

17 Receiving Party must comply with the provisions of Section 13 below (FINAL

18 DISPOSITION).

19 Protected Material must be stored and maintained by a Receiving Party at a

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

21 authorized under this Order.

22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

23 otherwise ordered by the court or permitted in writing by the Designating Party, a

24 Receiving Party may disclose any information or item designated

25 “CONFIDENTIAL” only to:

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

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

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

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

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

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

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

6 (d) the court and its personnel;

7 (e) private court reporters and their staff;

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

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

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

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

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

13 (h) during their depositions, witnesses, and attorneys for witnesses, in the

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

15 requests that the witness sign the form as attached as “Acknowledgment and

16 Agreement to Be Bound” (Exhibit A hereto); and (2) they will not be permitted to

17 keep any confidential information unless they sign the “Acknowledgment and

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

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

20 to depositions that reveal Protected Material may be separately bound by the court

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

22 Protective Order; and

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

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

25 7.3 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

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

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

1 to:

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

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

4 to disclose the information for this Action;

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

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

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

8 (c) the court and its personnel;

9 (d) private court reporters and their staff;

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

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

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

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

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

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

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

17 7.4 Nothing herein in any way restricts the ability of the Receiving Party to

18 use “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

19 ONLY” material produced to it in examining or cross-examining any employee or

20 consultant of the Designating Party.

21 7.5 The parties agree that the Parties may be provided by their Counsel a

22 summary document, or oral summary, setting forth the alleged infringers’ full

23 identities, revenues, and gross profits numbers, as well as the plaintiff’s sales,

24 revenues and profits from the sale of product affixed with the allegedly infringed

25 design(s) at issue in this action, or other similar financial information,

26 notwithstanding any Party’s designation of documents showing such information as

27 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. The Parties further

1 lawsuit, notwithstanding any Party’s designation of documents showing such

2 information as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”.

3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

4 PRODUCED IN OTHER LITIGATION

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

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

7 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

8 ONLY,” that Party must:

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

10 shall include a copy of the subpoena or court order unless prohibited by law;

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

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

13 subpoena or order is subject to this Protective Order. Such notification shall include

14 a copy of this Stipulated Protective Order; and

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

16 pursued by the Designating Party whose Protected Material may be affected.

17 If the Designating Party timely seeks a protective order, the Party served with

18 the subpoena or court order shall not produce any information designated in this

19 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’

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

21 order issued, unless the Party has obtained the Designating Party’s permission, or

22 unless otherwise required by the law or court order. The Designating Party shall

23 bear the burden and expense of seeking protection in that court of its confidential

24 material and nothing in these provisions should be construed as authorizing or

25 encouraging a Receiving Party in this Action to disobey a lawful directive from

26 another court.

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

2 PRODUCED IN THIS LITIGATION

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

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

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

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

7 provided by this Order. Nothing in these provisions should be construed as

8 prohibiting a Non-Party from seeking additional protections.

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

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

11 subject to an agreement with the Non-Party not to produce the Non-Party’s

12 confidential information, then the Party shall:

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

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

15 agreement with a Non-Party;

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

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

18 specific description of the information requested; and

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

20 Non-Party, if requested.

21 (c) If a Non-Party fails to seek a protective order from this court within 14

22 days of receiving the notice and accompanying information, the Receiving Party

23 may produce the Non-Party’s confidential information responsive to the discovery

24 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

25 not produce any information in its possession or control that is subject to the

26 confidentiality agreement with the Non-Party before a determination by the court

27 unless otherwise required by the law or court order. Absent a court order to the

1 this court of its Protected Material.

2 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

4 Protected Material to any person or in any circumstance not authorized under this

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

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

7 all unauthorized copies of the Protected Material, (c) inform the person or persons to

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

9 request such person or persons to execute the “Acknowledgment and Agreement to

10 Be Bound” (Exhibit A).

11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR

12 OTHERWISE PROTECTED MATERIAL

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

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

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

16 Procedure 26(b)(5)(B). This provision is not intended to modify whatever

17 procedure may be established in an e-discovery order that provides for production

18 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

19 (e), insofar as the parties reach an agreement on the effect of disclosure of a

20 communication or information covered by the attorney-client privilege or work

21 product protection, the parties may incorporate their agreement in the stipulated

22 protective order submitted to the court.

23 12. MISCELLANEOUS

24 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

26 12.2 Right to Assert Other Objections. By stipulating to this Protective

27 Order, no Party waives any right it otherwise would have to object to disclosing or

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

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

3 12.3 Filing Protected Material. A Party that seeks to file under seal any

4 Protected Material must comply with Local Civil Rule 79-5. Protected Material

5 may only be filed under seal pursuant to a court order authorizing the sealing of the

6 specific Protected Material at issue. If a Party’s request to file Protected Material

7 under seal is denied by the court, then the Receiving Party may file the information

8 in the public record unless otherwise instructed by the court.

9 13. FINAL DISPOSITION

10 After the final disposition of this Action, as defined in Section 4, within 60 days of a

11 written request by the Designating Party, each Receiving Party must return all

12 Protected Material to the Producing Party or destroy such material. As used in this

13 subdivision, “all Protected Material” includes all copies, abstracts, compilations,

14 summaries, and any other format reproducing or capturing any of the Protected

15 Material. Whether the Protected Material is returned or destroyed, the Receiving

16 Party must submit a written certification to the Producing Party (and, if not the same

17 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

18 (by category, where appropriate) all the Protected Material that was returned or

19 destroyed and (2) affirms that the Receiving Party has not retained any copies,

20 abstracts, compilations, summaries or any other format reproducing or capturing any

21 of the Protected Material. Notwithstanding this provision, Counsel are entitled to

22 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

23 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

24 reports, attorney work product, and consultant and expert work product, even if such

25 materials contain Protected Material. Any such archival copies that contain or

26 constitute Protected Material remain subject to this Protective Order as set forth in

27 Section 4 (DURATION).

1 14, VIOLATION

2 Any violation of this Order may be punished by appropriate measures

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

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5 IT IS SO ORDERED.

□□□ Weck

7 Dated: 5/29/2020 By:

8 Hon. Alexander F. MacKinnon

9 United States Magistrate Judge

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

4 _________________ [print or type full address], declare under penalty of perjury

5 that I have read in its entirety and understand the Stipulated Protective Order that

6 was issued by the United States District Court for the Central District of California

7 on _________________________ in the case of Design Collection, Inc. v. The TJX

8 Companies, Inc., et al, USDC Case No.: 2:19-cv-10265-CBM-AFM. I agree to

9 comply with and to be bound by all the terms of this Stipulated Protective Order and

10 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

12 not disclose in any manner any information or item that is subject to this Stipulated

13 Protective Order to any person or entity except in strict compliance with the

14 provisions of this Order.

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

16 for the Central District of California for the purpose of enforcing the terms of this

17 Stipulated Protective Order, even if such enforcement proceedings occur after

18 termination of this action. I hereby appoint __________________________ [print

19 or type full name] of _______________________________________ [print or type

20 full address and telephone number] as my California agent for service of process in

21 connection with this action or any proceedings related to enforcement of this

22 Stipulated Protective Order.

23 Date: ______________________________________

24 City and State where sworn and signed: _________________________________

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26 Printed name: _______________________________

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