“Many cases involving claims of trademark infringement require the 17 production of customer and supplier lists and such lists are customarily produced 18 subject to an ‘attorney’s eyes only’ order.”
How later courts described this case
- “Many cases involving claims of trademark infringement require the 17 production of customer and supplier lists and such lists are customarily produced 18 subject to an ‘attorney’s eyes only’ order.”
Written by the judges who cited it.
The opinion
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UNITED STATES DISTRICT COURT
8
CENTRAL DISTRICT OF CALIFORNIA
9
10
11 KELLYTOY WORLDWIDE, INC., a Case No. 2:19-cv-07652-MWF (MAAx)
12 California corporation,
STIPULATED PROTECTIVE
13 Plaintiff(s), ORDER
14 v.
15
HUGFUN, INTERNATIONAL, INC.
16 a/k/a Hugfun Int’l Inc., a Hong Kong
entity of unknown form, BJ’S
17
WHOLESALE CLUB, INC., a
18 Massachusetts corporation, and
DOES 1 through 10, inclusive,
19
20 Defendant(s).
21
22 1. PURPOSES AND LIMITATIONS
23 Discovery in this action is likely to involve production of confidential,
24 proprietary, or private information for which special protection from public
25 disclosure and from use for any purpose other than prosecuting this litigation may
26 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
27 enter the following Stipulated Protective Order. The parties acknowledge that this
28
1 Stipulated Protective Order does not confer blanket protections on all disclosures or
2 responses to discovery and that the protection it affords from public disclosure and
3 use extends only to the limited information or items that are entitled to confidential
4 treatment under the applicable legal principles. The parties further acknowledge, as
5 set forth in Section 13.3 below, that this Stipulated Protective Order does not entitle
6 them to file confidential information under seal; Local Rule 79-5 sets forth the
7 procedures that must be followed and the standards that will be applied when a
8 party seeks permission from the Court to file material under seal. Discovery in this
9 action is likely to involve production of confidential, proprietary, or private
10 information for which special protection from public disclosure and from use for
11 any purpose other than prosecuting this litigation may be warranted.
12
13 2. GOOD CAUSE STATEMENT
14 Good cause exists for the entry of this pretrial protective order because this
15 case relates to alleged intellectual property infringement in the market for plush
16 toys, and the parties are all involved in the manufacture or sale of plush toys. This
17 action is likely to involve trade secrets, customer and pricing lists and other
18 valuable research, development, commercial, financial, technical and/or proprietary
19 information for which special protection from public disclosure and from use for
20 any purpose other than prosecution of this action is warranted. Such confidential
21 and proprietary materials and information consist of, among other things,
22 confidential business or financial information, information regarding confidential
23 business practices, or other confidential research, development, or commercial
24 information (including information implicating privacy rights of third parties),
25 information otherwise generally unavailable to the public, or which may be
26 privileged or otherwise protected from disclosure under state or federal statutes,
27 court rules, case decisions, or common law. Accordingly, to expedite the flow of
28
1 information, to facilitate the prompt resolution of disputes over confidentiality of
2 discovery materials, to adequately protect information the parties are entitled to
3 keep confidential, to ensure that the parties are permitted reasonable necessary uses
4 of such material in preparation for and in the conduct of trial, to address their
5 handling at the end of the litigation, and to serve the ends of justice, a protective
6 order for such information is justified in this matter. It is the intent of the parties
7 that information will not be designated as confidential for tactical reasons and that
8 nothing be so designated without a good faith belief that it has been maintained in a
9 confidential, non-public manner, and there is good cause why it should not be part
10 of the public record of this case.
11 Further, good cause exists for a two-tiered, attorney-eyes-only protective
12 order that designates certain material as “Highly Confidential” since this case
13 involves allegations of intellectual property infringement that may require
14 production of highly confidential product design, financial, customer, and supplier
15 information. Nutratech, Inc. v. Syntech Int’l, Inc., 242 F.R.D. 552, 556 (C.D. Cal.
16 2007) (“Many cases involving claims of trademark infringement require the
17 production of customer and supplier lists and such lists are customarily produced
18 subject to an ‘attorney’s eyes only’ order.”)
19
20 3. DEFINITIONS
21 3.1. Action: This pending federal lawsuit.
22 3.2. Challenging Party: A Party or Nonparty that challenges the
23 designation of information or items under this Stipulated Protective
24 Order.
25 3.3. “CONFIDENTIAL” Information or Items: Information (regardless of
26 how it is generated, stored or maintained) or tangible things that
27 qualify for protection under Federal Rule of Civil Procedure 26(c), and
28 as specified above in the Good Cause Statement.
1 3.4. Counsel: Outside Counsel of Record and In-House Counsel (as well
2 as their support staff).
3 3.5. Designating Party: A Party or Nonparty that designates information or
4 items that it produces in disclosures or in responses to discovery as
5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
6 ATTORNEYS’ EYES ONLY.”
7 3.6. Disclosure or Discovery Material: All items or information, regardless
8 of the medium or manner in which it is generated, stored, or
9 maintained (including, among other things, testimony, transcripts, and
10 tangible things), that is produced or generated in disclosures or
11 responses to discovery in this matter.
12 3.7. Expert: A person with specialized knowledge or experience in a
13 matter pertinent to the litigation who has been retained by a Party or its
14 counsel to serve as an expert witness or as a consultant in this Action.
15 3.8. In-House Counsel: Attorneys who are employees of a party to this
16 Action. In-House Counsel does not include Outside Counsel of
17 Record or any other outside counsel.
18 3.9. Nonparty: Any natural person, partnership, corporation, association,
19 or other legal entity not named as a Party to this action.
20 3.10. Outside Counsel of Record: Attorneys who are not employees of a
21 party to this Action but are retained to represent or advise a party to
22 this Action and have appeared in this Action on behalf of that party or
23 are affiliated with a law firm which has appeared on behalf of that
24 party, and includes support staff.
25 3.11. Party: Any party to this Action, including all of its officers, directors,
26 employees, consultants, retained experts, In-House Counsel, and
27 Outside Counsel of Record (and their support staffs).
28
1 3.12. Producing Party: A Party or Nonparty that produces Disclosure or
2 Discovery Material in this Action.
3 3.13. Professional Vendors: Persons or entities that provide litigation
4 support services (e.g., photocopying, videotaping, translating,
5 preparing exhibits or demonstrations, and organizing, storing, or
6 retrieving data in any form or medium) and their employees and
7 subcontractors.
8 3.14. Protected Material: Any Disclosure or Discovery Material that is
9 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
10 ATTORNEYS’ EYES ONLY.”
11 3.15. Receiving Party: A Party that receives Disclosure or Discovery
12 Material from a Producing Party.
13 3.16 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
14 Information or Items: extremely sensitive “CONFIDENTIAL
15 Information or Items,” disclosure of which to another Party or
16 Nonparty would create a substantial risk of serious harm that could not
17 be avoided by less restrictive means.
18
19 4. SCOPE
20 The protections conferred by this Stipulated Protective Order cover not only
21 Protected Material, but also (1) any information copied or extracted from Protected
22 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
23 and (3) any testimony, conversations, or presentations by Parties or their Counsel
24 that might reveal Protected Material. However, the protections conferred by this
25 Stipulation and Order do not cover any information that is in the public domain at
26 the time of disclosure to a Receiving Party or becomes part of the public domain
27 after its disclosure to a Receiving Party as a result of publication not involving a
28
1 violation of this Order.
2 Any use of Protected Material at trial shall be governed by the orders of the
3 trial judge. This Stipulated Protective Order does not govern the use of Protected
4 Material at trial.
5
6 5. DURATION
7 Even after final disposition of this litigation, the confidentiality obligations
8 imposed by this Stipulated Protective Order shall remain in effect until a
9 Designating Party agrees otherwise in writing or a court order otherwise directs.
10 Final disposition shall be deemed to be the later of (1) dismissal of all claims and
11 defenses in this Action, with or without prejudice; and (2) final judgment herein
12 after the completion and exhaustion of all appeals, rehearings, remands, trials, or
13 reviews of this Action, including the time limits for filing any motions or
14 applications for extension of time pursuant to applicable law.
15
16 6. DESIGNATING PROTECTED MATERIAL
17 6.1. Exercise of Restraint and Care in Designating Material for Protection.
18 Each Party or Nonparty that designates information or items for
19 protection under this Stipulated Protective Order must take care to
20 limit any such designation to specific material that qualifies under the
21 appropriate standards. The Designating Party must designate for
22 protection only those parts of material, documents, items, or oral or
23 written communications that qualify so that other portions of the
24 material, documents, items, or communications for which protection is
25 not warranted are not swept unjustifiably within the ambit of this
26 Stipulated Protective Order.
27 Mass, indiscriminate, or routinized designations are prohibited.
28
1 Designations that are shown to be clearly unjustified or that have been
2 made for an improper purpose (e.g., to unnecessarily encumber the
3 case development process or to impose unnecessary expenses and
4 burdens on other parties) may expose the Designating Party to
5 sanctions.
6 If it comes to a Designating Party’s attention that information or
7 items that it designated for protection do not qualify for protection at
8 all or do not qualify for the level of protection initially asserted, that
9 Designating Party must promptly notify all other Parties that it is
10 withdrawing or modifying the inapplicable designation.
11 6.2. Manner and Timing of Designations.
12 Except as otherwise provided in this Stipulated Protective Order
13 (see, e.g., Section 6.2(a)), or as otherwise stipulated or ordered,
14 Disclosure or Discovery Material that qualifies for protection under
15 this Stipulated Protective Order must be clearly so designated before
16 the material is disclosed or produced.
17 Designation in conformity with this Stipulated Protective Order
18 requires the following:
19 (a) For information in documentary form (e.g., paper or electronic
20 documents, but excluding transcripts of depositions or other
21 pretrial or trial proceedings), that the Producing Party affix at a
22 minimum, the legend “CONFIDENTIAL” or “HIGHLY
23 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each
24 page that contains protected material. If only a portion or
25 portions of the material on a page qualifies for protection, the
26 Producing Party also must clearly identify the protected
27 portion(s) (e.g., by making appropriate markings in the
28
1 margins).
2 A Party or Nonparty that makes original documents
3 available for inspection need not designate them for protection
4 until after the inspecting Party has indicated which documents it
5 would like copied and produced. During the inspection and
6 before the designation, all of the material made available for
7 inspection shall be deemed “HIGHLY CONFIDENTIAL –
8 ATTORNEYS’ EYES ONLY.” After the inspecting Party has
9 identified the documents it wants copied and produced, the
10 Producing Party must determine which documents, or portions
11 thereof, qualify for protection under this Stipulated Protective
12 Order. Then, before producing the specified documents, the
13 Producing Party must affix the legend “CONFIDENTIAL” or
14 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,”
15 as applicable, to each page that contains Protected Material. If
16 only a portion or portions of the material on a page qualifies for
17 protection, the Producing Party also must clearly identify the
18 protected portion(s) (e.g., by making appropriate markings in the
19 margins).
20 (b) For testimony given in depositions, that the Designating Party
21 identify the Disclosure or Discovery Material on the record,
22 before the close of the deposition, all protected testimony.
23 When it is impractical to identify separately each portion of
24 testimony that is entitled to protection and it appears that
25 substantial portions of the testimony may qualify for protection,
26 the Designating Party may invoke on the record (before the
27 deposition, hearing, or other proceeding is concluded) a right to
28
1 have up to 21 days to identify the specific portions of the
2 testimony as to which protection is sought and to specify the
3 level of protection being asserted. Only those portions of the
4 testimony that are appropriately designated for protection within
5 the 21 days shall be covered by the provisions of this Stipulated
6 Protective Order. Alternatively, if appropriate, a Designating
7 Party may specify, at the deposition or up to 21 days afterwards
8 if that period is properly invoked, that the entire transcript shall
9 be treated as “CONFIDENTIAL” or “HIGHLY
10 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
11 Parties shall give the other parties notice if they reasonably
12 expect a deposition, hearing or other proceeding to include
13 Protected Material so that the other parties can ensure that only
14 authorized individuals who have signed the “Acknowledgment
15 and Agreement to Be Bound” (Exhibit A) are present at those
16 proceedings. The use of a document as an exhibit at a deposition
17 shall not in any way affect its designation as
18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
19 ATTORNEYS’ EYES ONLY.”
20
21 Transcripts containing Protected Material shall have an obvious
22 legend on the title page that the transcript contains Protected
23 Material, and the title page shall be followed by a list of all
24 pages (including line numbers as appropriate) that have been
25 designated as Protected Material and the level of protection
26 being asserted by the Designating Party. The Designating Party
27 shall inform the court reporter of these requirements. Any
28 transcript that is prepared before the expiration of a 21-day
1 period for designation shall be treated during that period as if it
2 had been designated “HIGHLY CONFIDENTIAL –
3 ATTORNEYS’ EYES ONLY” in its entirety unless otherwise
4 agreed. After the expiration of that period, the transcript shall be
5 treated only as actually designated.
6 (c) For information produced in nondocumentary form, and for any
7 other tangible items, that the Producing Party affix in a
8 prominent place on the exterior of the container or containers in
9 which the information is stored the legend “CONFIDENTIAL”
10 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
11 ONLY.” If only a portion or portions of the information
12 warrants protection, the Producing Party, to the extent
13 practicable, shall identify the protected portion(s).
14 (d) For information produced solely in electronic form and that is
15 not rendered electronically as an image (such as, for example, a
16 Microsoft Excel file, an electronic audio file, or an electronic
17 video file), the designation “CONFIDENTIAL” or “HIGHLY
18 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall be
19 added to the electronic file’s filename.
20 6.3. Inadvertent Failure to Designate.
21 If timely corrected, an inadvertent failure to designate qualified
22 information or items does not, standing alone, waive the Designating
23 Party’s right to secure protection under this Stipulated Protective Order
24 for such material. Upon timely correction of a designation, the
25 Receiving Party must make reasonable efforts to assure that the
26 material is treated in accordance with the provisions of this Stipulated
27 Protective Order.
28
1
2 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS
3 7.1. Timing of Challenges.
4 Any Party or Nonparty may challenge a designation of
5 confidentiality at any time that is consistent with the Court’s
6 Scheduling Order.
7 7.2. Meet and Confer.
8 The Challenging Party shall initiate the dispute resolution
9 process, which shall comply with Local Rule 37.1 et seq., and with
10 Section 4 of Judge Audero’s Procedures (“Mandatory Telephonic
11 Conference for Discovery Disputes”).1
12 7.3. Burden of Persuasion.
13 The burden of persuasion in any such challenge proceeding shall
14 be on the Designating Party. Frivolous challenges, and those made for
15 an improper purpose (e.g., to harass or impose unnecessary expenses
16 and burdens on other parties) may expose the Challenging Party to
17 sanctions. Unless the Designating Party has waived or withdrawn the
18 confidentiality designation, all parties shall continue to afford the
19 material in question the level of protection to which it is entitled under
20 the Producing Party’s designation until the Court rules on the
21 challenge.
22
23 8. ACCESS TO AND USE OF PROTECTED MATERIALS
24 8.1. Basic Principles.
25 A Receiving Party may use Protected Material that is disclosed
26
27
1 Judge Audero’s Procedures are available at
28 https://www.cacd.uscourts.gov/honorable-maria-audero.
1 or produced by another Party or by a Nonparty in connection with this
2 Action only for prosecuting, defending, or attempting to settle this
3 Action. Such Protected Material may be disclosed only to the
4 categories of persons and under the conditions described in this
5 Stipulated Protective Order. When the Action reaches a final
6 disposition, a Receiving Party must comply with the provisions of
7 Section 14 below.
8 Protected Material must be stored and maintained by a
9 Receiving Party at a location and in a secure manner that ensures that
10 access is limited to the persons authorized under this Stipulated
11 Protective Order.
12 8.2. Disclosure of “CONFIDENTIAL” Information or Items.
13 Unless otherwise ordered by the Court or permitted in writing
14 by the Designating Party, a Receiving Party may disclose any
15 information or item designated “CONFIDENTIAL” only to:
16 (a) The Receiving Party’s Outside Counsel of Record, as well as
17 employees of said Outside Counsel of Record to whom it is
18 reasonably necessary to disclose the information for this Action;
19 (b) The officers, directors, and employees (including In-House
20 Counsel) of the Receiving Party to whom disclosure is
21 reasonably necessary for this Action;
22 (c) Experts of the Receiving Party to whom disclosure is reasonably
23 necessary for this Action and who have signed the
24 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
25 (d) The Court and its personnel;
26 (e) Court reporters and their staff;
27 (f) Professional jury or trial consultants, mock jurors, and
28
1 Professional Vendors to whom disclosure is reasonably
2 necessary or this Action and who have signed the
3 “Acknowledgment and Agreement to be Bound” (Exhibit A);
4 (g) The author or recipient of a document containing the
5 information or a custodian or other person who otherwise
6 possessed or knew the information;
7 (h) During their depositions, witnesses, and attorneys for witnesses,
8 in the Action to whom disclosure is reasonably necessary
9 provided: (i) the deposing party requests that the witness sign
10 the “Acknowledgment and Agreement to Be Bound” (Exhibit
11 A); and (ii) the witness will not be permitted to keep any
12 confidential information unless they sign the “Acknowledgment
13 and Agreement to Be Bound,” unless otherwise agreed by the
14 Designating Party or ordered by the Court. Pages of transcribed
15 deposition testimony or exhibits to depositions that reveal
16 Protected Material may be separately bound by the court
17 reporter and may not be disclosed to anyone except as permitted
18 under this Stipulated Protective Order; and
19 (i) Any mediator or settlement officer, and their supporting
20 personnel, mutually agreed upon by any of the parties engaged
21 in settlement discussions.
22 8.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
23 ONLY” Information or Items.
24 Unless otherwise ordered by the court or permitted in writing by the
25 Designating Party, a Receiving Party may disclose any information or item
26 designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
27
28
1 (a) The Receiving Party’s Outside Counsel of Record in this action,
2 as well as employees of said Outside Counsel of Record to
3 whom it is reasonably necessary to disclose the information for
4 this litigation;
5 (b) Experts of the Receiving Party (1) to whom disclosure is
6 reasonably necessary for this litigation, (2) who have signed the
7 “Acknowledgment and Agreement to Be Bound” (Exhibit A),
8 and (3) as to whom the procedures set forth in paragraph 8.4,
9 below, have been followed;
10 (c) The court and its personnel;
11 (d) Court reporters and their staff,
12 (e) Professional jury or trial consultants, mock jurors, and
13 Professional Vendors to whom disclosure is reasonably
14 necessary for this litigation and who have signed the
15 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
16 (f) The author or lawful recipient of a document containing the
17 information or a custodian or other person who otherwise
18 possessed or knew the information; and
19 (g) Any mediator or settlement officer, and their supporting
20 personnel, mutually agreed upon by any of the parties engaged
21 in settlement discussions.
22 8.4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
23 ATTORNEYS’ EYES ONLY” information or items may be disclosed to an Expert
24 without disclosure of the identity of the Expert as long as the Expert is not a current
25 owner, shareholder, member, officer, director, agent, or employee of a competitor
26 of a Party or anticipated to become one.
27
28
1 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED
2 PRODUCED IN OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other litigation
4 that compels disclosure of any information or items designated in this Action as
5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
6 ONLY,” that Party must:
7 (a) Promptly notify in writing the Designating Party. Such notification
8 shall include a copy of the subpoena or court order;
9 (b) Promptly notify in writing the party who caused the subpoena or order
10 to issue in the other litigation that some or all of the material covered
11 by the subpoena or order is subject to this Stipulated Protective Order.
12 Such notification shall include a copy of this Stipulated Protective
13 Order; and
14 (c) Cooperate with respect to all reasonable procedures sought to be
15 pursued by the Designating Party whose Protected Material may be
16 affected.
17
18 If the Designating Party timely seeks a protective order, the Party served with
19 the subpoena or court order shall not produce any information designated in this
20 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
21 EYES ONLY” before a determination by the Court from which the subpoena or
22 order issued, unless the Party has obtained the Designating Party’s permission. The
23 Designating Party shall bear the burden and expense of seeking protection in that
24 court of its confidential material and nothing in these provisions should be
25 construed as authorizing or encouraging a Receiving Party in this Action to disobey
26 a lawful directive from another court.
27
28
1 10. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE
2 PRODUCED IN THIS LITIGATION
3 10.1. Application.
4 The terms of this Stipulated Protective Order are applicable to
5 information produced by a Nonparty in this Action and designated as
6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
7 ATTORNEYS’ EYES ONLY.” Such information produced by
8 Nonparties in connection with this litigation is protected by the
9 remedies and relief provided by this Stipulated Protective Order.
10 Nothing in these provisions should be construed as prohibiting a
11 Nonparty from seeking additional protections.
12 10.2. Notification.
13 In the event that a Party is required, by a valid discovery
14 request, to produce a Nonparty’s confidential information in its
15 possession, and the Party is subject to an agreement with the Nonparty
16 not to produce the Nonparty’s confidential information, then the Party
17 shall:
18 (a) Promptly notify in writing the Requesting Party and the
19 Nonparty that some or all of the information requested is subject
20 to a confidentiality agreement with a Nonparty;
21 (b) Promptly provide the Nonparty with a copy of the Stipulated
22 Protective Order in this Action, the relevant discovery
23 request(s), and a reasonably specific description of the
24 information requested; and
25 (c) Make the information requested available for inspection by the
26 Nonparty, if requested.
27
28
1 10.3. Conditions of Production.
2 If the Nonparty fails to seek a protective order from this Court
3 within fourteen (14) days after receiving the notice and accompanying
4 information, the Receiving Party may produce the Nonparty’s
5 confidential information responsive to the discovery request bearing
6 one of the Protected Material designations, as appropriate. If the
7 Nonparty timely seeks a protective order, the Receiving Party shall not
8 produce any information in its possession or control that is subject to
9 the confidentiality agreement with the Nonparty before a
10 determination by the Court. Absent a court order to the contrary, the
11 Nonparty shall bear the burden and expense of seeking protection in
12 this Court of its Protected Material.
13
14 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
16 Protected Material to any person or in any circumstance not authorized under this
17 Stipulated Protective Order, the Receiving Party immediately must (1) notify in
18 writing the Designating Party of the unauthorized disclosures, (2) use its best
19 efforts to retrieve all unauthorized copies of the Protected Material, (3) inform the
20 person or persons to whom unauthorized disclosures were made of all the terms of
21 this Stipulated Protective Order, and (4) request such person or persons to execute
22 the “Acknowledgment and Agreement to be Bound” (Exhibit A).
23
24 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
25 PROTECTED MATERIAL
26 When a Producing Party gives notice to Receiving Parties that certain
27 inadvertently produced material is subject to a claim of privilege or other
28
1 protection, the obligations of the Receiving Parties are those set forth in Federal
2 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
3 whatever procedure may be established in an e-discovery order that provides for
4 production without prior privilege review. Pursuant to Federal Rule of Evidence
5 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
6 of a communication or information covered by the attorney-client privilege or work
7 product protection, the parties may incorporate their agreement in the Stipulated
8 Protective Order submitted to the Court.
9
10 13. MISCELLANEOUS
11 13.1. Right to Further Relief.
12 Nothing in this Stipulated Protective Order abridges the right of
13 any person to seek its modification by the Court in the future.
14 13.2. Right to Assert Other Objections.
15 By stipulating to the entry of this Stipulated Protective Order, no
16 Party waives any right it otherwise would have to object to disclosing
17 or producing any information or item on any ground not addressed in
18 this Stipulated Protective Order. Similarly, no Party waives any right
19 to object on any ground to use in evidence of any of the material
20 covered by this Stipulated Protective Order.
21 13.3. Filing Protected Material.
22 A Party that seeks to file under seal any Protected Material must
23 comply with Local Rule 79-5. Protected Material may only be filed
24 under seal pursuant to a court order authorizing the sealing of the
25 specific Protected Material at issue. If a Party's request to file
26 Protected Material under seal is denied by the Court, then the
27 Receiving Party may file the information in the public record unless
28
1 otherwise instructed by the Court.
2
3 14. FINAL DISPOSITION
4 After the final disposition of this Action, within sixty (60) days of a written
5 request by the Designating Party, each Receiving Party must return all Protected
6 Material to the Producing Party or destroy such material. As used in this
7 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
8 summaries, and any other format reproducing or capturing any of the Protected
9 Material. Whether the Protected Material is returned or destroyed, the Receiving
10 Party must submit a written certification to the Producing Party (and, if not the
11 same person or entity, to the Designating Party) by the 60-day deadline that
12 (1) identifies (by category, where appropriate) all the Protected Material that was
13 returned or destroyed and (2) affirms that the Receiving Party has not retained any
14 copies, abstracts, compilations, summaries or any other format reproducing or
15 capturing any of the Protected Material. Notwithstanding this provision, Outside
16 Counsel of Record is entitled to retain an archival copy of all pleadings; motion
17 papers; trial, deposition, and hearing transcripts; legal memoranda; correspondence;
18 deposition and trial exhibits; expert reports; attorney work product; and consultant
19 and expert work product, even if such materials contain Protected Material. Any
20 such archival copies that contain or constitute Protected Material remain subject to
21 this Stipulated Protective Order as set forth in Section 5.
22
23 15. VIOLATION
24 Any violation of this Stipulated Order may be punished by any and all
25 appropriate measures including, without limitation, contempt proceedings and/or
26 monetary sanctions.
27
28
7 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
3
4 || DATED: July 2, 2020 FREEMAN, FREEMAN & SMILEY, LLP
5 “#4
6
7 By
TODD M. LANDER
8 MARK B. MIZRAHI
9 Attorneys for Plaintiff,
0 KELLYTOY WORLDWIDE, INC.
11
12 | DATED: July 2, 2020 GRODSKY, OLECKI & PURITSKY LLP
13
14 By: /s/ Allen B. Grodsky
15 ALLEN B. GRODSKY
6 JOHN J. METZIDIS
Attorneys for Defendants
17 HUGFUN INTERNATIONAL, INC. and
ig BJ’S WHOLESALE CLUB, INC.
19
20 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
21 | pe}
Dated:07/07/20
23 lania“A. Audero
74 United States Magistrate Judge
25
26
27
28
20
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [full name], of
4 [address], declare under penalty of perjury that I have read in its
5 entirety and understand the Stipulated Protective Order that was issued by the
6 United States District Court for the Central District of California on
7 [date] in the case of
8 [case name and number]. I agree to comply with and to be bound by all the terms
9 of this Stipulated Protective Order, and I understand and acknowledge that failure
10 to so comply could expose me to sanctions and punishment in the nature of
11 contempt. I solemnly promise that I will not disclose in any manner any
12 information or item that is subject to this Stipulated Protective Order to any person
13 or entity except in strict compliance with the provisions of this Stipulated Protective
14 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 [full name]
19 of [address and telephone number]
20 as my California agent for service of process in connection with this action or any
21 proceedings related to enforcement of this Stipulated Protective Order.
22
23 Signature:
24 Printed Name:
25 Date:
26 City and State Where Sworn and Signed:
27
28