Star Fabrics, Inc. v. Torrid, LLC

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9 UNITED STATES DISTRICT COURT

10 CENTRAL DISTRICT OF CALIFORNIA

11 STAR FABRICS, INC., Case No.: 2:20-cv-00817-JAK-AFM

Hon. Alexander F. MacKinnon Presiding

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Plaintiff, STIPULATED PROTECTIVE

13 ORDER

v.

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DISCOVERY MATTER

15 TORRID, LLC, et al.

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Defendants.

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1. A. PURPOSES OF LIMITATIONS

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

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

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

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

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

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

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

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entitled to confidential treatment under the applicable legal principles.

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1 B. GOOD CAUSE STATEMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

21 public record of this case.

22 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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

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

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

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

27 material under seal.

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

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

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

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

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

6 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good

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

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

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

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

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

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

13 constitute good cause.

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

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

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

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

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

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

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

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

22 documents under seal must be provided by declaration.

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

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

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

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

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

28 an explanation of why redaction is not feasible.

1 2. DEFINITIONS

2 2.1 Action: this pending federal lawsuit, Case No. 2:20-cv-00817-JAK-AFM

3 2.2 Challenging Party: a Party or Non-Party that challenges the designation of

4 information or items under this Order.

5 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how

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

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

8 Statement.

9 2.4 “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” Information or Items:

10 extremely sensitive “CONFIDENTIAL” Information or Items, the disclosure of which to

11 another Party or Non-Party would create a substantial risk of serious harm that could not

12 be avoided by less restrictive means.

13 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their

14 support staff).

15 2.6 Designating Party: a Party or Non-Party that designates information or items

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

17 “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.”

18 2.7 Disclosure or Discovery Material: all items or information, regardless of the

19 medium or manner in which it is generated, stored, or maintained (including, among other

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

21 disclosures or responses to discovery in this matter.

22 2.8 Expert: a person with specialized knowledge or experience in a matter

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

24 expert witness or as a consultant in this Action.

25 2.9 House Counsel: attorneys who are employees of a party to this Action.

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

27 2.10 Non-Party: any natural person, partnership, corporation, association, or

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

1 2.11 Outside Counsel of Record: attorneys who are not employees of a party to

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

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

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

5 2.12 Party: any party to this Action, including all of its officers, directors,

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

7 support staffs).

8 2.13 Producing Party: a Party or Non-Party that produces Disclosure or

9 Discovery Material in this Action.

10 2.14 Professional Vendors: persons or entities that provide litigation support

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

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

13 their employees and subcontractors.

14 2.15 Protected Material: any Disclosure or Discovery Material that is designated

15 as “CONFIDENTIAL” or “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.”

16 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

17 from a Producing Party.

18 3. SCOPE

19 The protections conferred by this Stipulation and Order cover not only Protected

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

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

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

23 Counsel that might reveal Protected Material.

24 Any use of Protected Material at trial shall be governed by the orders of the trial

25 judge. This Order does not govern the use of Protected Material at trial.

26 4. DURATION

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

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

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

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

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

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

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

6 related documents are part of court record). Accordingly, the terms of this protective

7 order do not extend beyond the commencement of the trial for materials used or

8 introduced as an exhibit at trial. For all other materials that are designated as

9 CONFIDENTIAL or ATTORNEYS’ EYES ONLY, but not used or introduced as an

10 exhibit at trial, the confidentiality obligations imposed by this order shall remain in effect

11 even after final disposition of this litigation until a Designating Party agrees otherwise in

12 writing or a court order otherwise directs.

13 5. DESIGNATING PROTECTED MATERIAL

14 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each

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

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

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

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

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

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

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

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

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

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

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

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

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

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1 5.2 Manner and Timing of Designations. Except as otherwise provided in this

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

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

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

5 Designation in conformity with this Order requires:

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

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

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

9 “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” (hereinafter “CONFIDENTIAL”

10 legend or “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY legend”), to each page

11 that contains protected material. If only a portion or portions of the material on a page

12 qualifies for protection, the Producing Party also must clearly identify the protected

13 portion(s) (e.g., by making appropriate markings in the margins).

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

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

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

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

18 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

19 copied and produced, the Producing Party must determine which documents, or portions

20 thereof, qualify for protection under this Order. Then, before producing the specified

21 documents, the Producing Party must affix the “CONFIDENTIAL legend” or

22 “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY legend” to each page that contains

23 Protected Material. If only a portion or portions of the material on a page qualifies for

24 protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,

25 by making appropriate markings in the margins).

26 (b) For testimony given in depositions that the Designating Party

27 identifies the Disclosure or Discovery Material on the record, before the close of the

28 deposition all protected testimony. Further, within ten (10) days of receiving the final

1 transcript of the deposition, the Designating Party must identify the specific page and line

2 numbers in the deposition transcript containing Disclosure or Discovery Material.

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

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

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

6 “CONFIDENTIAL” or “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” If only a

7 portion or portions of the information warrants protection, the Producing Party, to the

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

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

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

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

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

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

14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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

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

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

18 process under Local Rule 37.1 et seq.

19 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint

20 stipulation pursuant to Local Rule 37-2.

21 6.4 The burden of persuasion in any such challenge proceeding shall be on the

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

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

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

25 the confidentiality designation, all parties shall continue toafford the material in question

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

27 the Court rules on the challenge.

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1 7. ACCESS TO AND USE OF PROTECTED MATERIAL

2 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

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

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

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

10 authorized under this Order.

11 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

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

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

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

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

16 to disclose the information for this Action;

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

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

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

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

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

22 (d) the court and its personnel;

23 (e) court reporters and their staff;

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

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

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

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

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

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

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

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

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

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

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

7 depositions that reveal Protected Material may be separately bound by the court reporter

8 and may not be disclosed to anyone except as permitted under this Stipulated Protective

9 Order; and

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

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

12 7.3 Disclosure of “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”

13 Information or Items. Unless otherwise ordered by the court or permitted in writing by

14 the Designating Party, a Receiving Party may disclose any information or item designated

15 “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” only to:

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

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

18 to disclose the information for this Action;

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

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

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

22 (c) the court and its personnel;

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

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

25 Agreement to Be Bound” (Exhibit A);

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

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

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

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

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

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

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

5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

6 IN OTHER LITIGATION

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

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

9 “CONFIDENTIAL” or “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY,” that Party

10 must:

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

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

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

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

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

16 Stipulated Protective Order; and

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

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

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

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

21 this action as “CONFIDENTIAL” or “CONFIDENTIAL -- ATTORNEYS’ EYES

22 ONLY” before a determination by the court from which the subpoena or order issued,

23 unless the Party has obtained the Designating Party’s permission. The Designating Party

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

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

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

27 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 “CONFIDENTIAL -

5 ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in

6 connection with this litigation is protected by the remedies and relief provided by this

7 Order. Nothing in these provisions should be construed as prohibiting a Non-Party from

8 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 subject

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

12 information, then the Party shall:

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

14 Party 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 the Non-Party fails to seek a protective order from this court within

22 14 days of receiving the notice and accompanying information, the Receiving Party may

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

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

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

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

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

28 court of its Protected Material.

1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

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

9 that is attached hereto as Exhibit A.

10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

11 PROTECTED MATERIAL

12 When a Receiving Party reasonably suspects that it has received privileged

13 documents or information that the Producing Party inadvertently produced, or a

14 Producing Party gives notice to Receiving Parties that certain inadvertently produced

15 material is subject to a claim of privilege or other protection, the obligations of the

16 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B) and

17 California Rule of Professional Conduct, Rule 4.4, i.e. that the Receiving Party will

18 refrain from using or examining the material any further and shall promptly notify the

19 Producing Party of the potential inadvertent disclosure, and – on notification or

20 confirmation from the Producing Party that the material was privileged and inadvertently

21 disclosed – shall promptly return, sequester, or destroy the specified information and any

22 copies it has and take reasonable steps to retrieve the information if the Receiving Party

23 disclosed it before being notified. The parties will work together to resolve any disputes

24 as to whether materials at issue are protected by privilege, with guidance from the Court

25 as necessary. Pursuant to Federal Rule of Evidence 502(d) and (e), the Parties agree that

26 the inadvertent or unintentional production of privileged material shall not be deemed a

27 waiver in whole or in part of a party’s claim of privilege. The Parties agree that prompt

28 notice or confirmation of an inadvertent disclosure constitutes reasonable steps to rectify

1 the error pursuant to Federal Rule of Evidence 502(b). This provision is not intended to

2 modify whatever procedure may be established in an e-discovery order that provides for

3 production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d)

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

5 communication or information covered by the attorney-client privilege or work product

6 protection, the parties may incorporate their agreement in the stipulated protective order

7 submitted to the court.

8 12. MISCELLANEOUS

9 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

11 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

16 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected

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

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

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

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

21 otherwise instructed by the court.

22 13. FINAL DISPOSITION

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

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

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

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

27 summaries, and any other format reproducing or capturing any of the Protected Material.

28 Whether the ProtectedMaterial is returned or destroyed, the Receiving Party must submit

1 || a written certification to the Producing Party (and, if not the same person or entity, to the

2 Designating Party) by the 60 day deadline that (1) identifies (by category, where

3 | appropriate) all the Protected Material that was returned or destroyed and (2) affirms that

4 | the Receiving Party has not retained any copies, abstracts, compilations, summaries or

5 | any other format reproducing or capturing any of the Protected Material. Notwithstanding

6 || this provision, Counsel are entitled to retain an archival copy of all pleadings, motion

7 || papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,

8 || deposition and trial exhibits, expert reports, attorney work product, and consultant and

9 || expert work product, even if such materials contain Protected Material. Any such archival

10 | copies that contain or constitute Protected Material remain subject to this Protective

11 | Order as set forth in Section 4 (DURATION).

12 14. VIOLATION

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

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

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IT IS SO ORDERED. .

18 (Wy

19 Dated: 7/7/2020

HON. ALEXANDER F. MACKINNON

20 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 that I

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

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

7 case of Star Fabrics, Inc. v. Torrid, LLC et al. 2:20-cv-00817-JAK-AFM. I agree to

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

9 understand and acknowledge that failure to so comply could expose me to sanctions and

10 punishment in the nature of contempt. I solemnly promise that I will not disclose in any

11 manner any information or item that is subject to this Stipulated Protective Order to any

12 person or entity except in strict compliance with the provisions of this Order.

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

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

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

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

17 _______________________________________ [print or type full address and telephone

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

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

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Date: ______________________________________

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City and State where sworn and signed: _________________________________

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23 Printed name: _______________________________

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Signature: __________________________________

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