# Marantz Brothers, LLC v. Tate & Lyle Ingredients Americas LLC

> District Court, C.D. California · August 14, 2020

URL: https://www.frixlaw.com/law-library/cases/10038744

## Case

- **Court:** District Court, C.D. California
- **Decided:** August 14, 2020
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

1 DARREN S. ENENSTEIN (SBN 195894)
dse@enensteinlaw.com
2 NED M. GELHAAR (SBN 163185)
ngelhaar@enensteinlaw.com
3 TALIA M. RYBAK (SBN 319031)
trybak@enensteinlaw.com
4
ENENSTEIN PHAM & GLASS, LLP
5 12121Wilshire Boulevard, Suite 600
Los Angeles, California 90025
6
Tel (310) 899-2070
7 Attorneys for Plaintiff Marantz
Brothers, Inc. d/b/a Cooperative Purchasers
8
JENNIFER A. JACKSON (SBN 192998)
9
jjackson@bclplaw.com
10 David Harford (SBN: 270696)
david.harford@bclplaw.com
11
BRYAN CAVE LEIGHTON PAISNER LLP
12 120 Broadway, Suite 300
Santa Monica, California 90401
13 Tel (310) 576-2100
Attorneys for Defendants
14
Tate & Lyle Ingredients Americas LLC,
15 Vincent Pinneri, and Perry Tessitore
16 UNITED STATES DISTRICT COURT
17 CENTRAL DISTRICT OF CALIFORNIA
18
MARANTZ BROTHERS, LLC d/b/a Case No. 2:20-cv-00317 PSG (AFMx)
19 COOPERATIVE PURCHASERS,
a California limited liability company,
20 STIPULATION AND PROPOSED
Plaintiff,
21 PROTECTIVE ORDER
22 vs.
23 TATE & LYLE INGREDIENTS
AMERICAS LLC, a Delaware Limited
24 Liability Company; VINCENT
PINNERI, an individual; PERRY
25
TESSITORE, an individual; and DOES
26 1 through 10, inclusive;
27 Defendants.
1 1. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 proprietary or private information for which special protection from public
4 disclosure and from use for any purpose other than pursuing this litigation may be
5 warranted. Accordingly, Plaintiff Marantz Brothers, LLC dba Cooperative Partners
6 (“Co-Op”) and Defendants Tate and Lyle Ingredients, Americas, LLC., Vincent
7 Pinneri and Perry Tessitore (“Defendants,” collectively the “Parties”) hereby
8 stipulate to and petition the Court to enter the following Stipulated Protective Order.
9 The parties acknowledge that this Order does not confer blanket protections on all
10 disclosures or responses to discovery and that the protection it affords from public
11 disclosure and use extends only to the limited information or items that are entitled
12 to confidential treatment under the applicable legal principles.
13 2. GOOD CAUSE STATEMENT
14 This action involves trade secrets, including pricing lists and/or other
15 proprietary information for which special protection from publicdisclosure and from
16 use for any purpose other than prosecution of this action is warranted. Such
17 confidential and proprietary materials and information consist of, among other
18 things, confidential business or financial information, information regarding
19 confidential business practices, confidential price lists, other confidential research
20 and development of ingredients, or commercial information (including information
21 implicating privacy rights of third parties), information otherwise generally
22 unavailable to the public, or which may be privileged or otherwise protected from
23 disclosure under state or federal statutes, court rules, case decisions, orcommon law.
24 Moreover, Co-Op negotiated with a third party ingredients distributor, Caldic
25 B.V. (“Caldic”) regarding the acquisition of Co-Opunder a nondisclosure agreement
26 (“NDA”), which broadly covered all aspects of the negotiation, including the
27 existence of the negotiation itself. The negotiations lead to Caldic’s purchase of Co-
28 Op’s assets in or around October 2018, which is a matter of public record. However,
1 under the terms of the sale documents (“Asset Purchase Agreement”), Co-Op’s
2 confidentiality obligations continue indefinitely. This acquisition is at the heart of
3 Co-Op’s complaint against Defendants. As such, Co-Op filed both its Complaint and
4 First Amended Complaint under seal. [Docket 1-3 and Docket 28-29]. Similarly, Co-
5 Op submits that there is good cause to protect Caldic’s and Co-Op’s confidential
6 information with a protective order.
7 Accordingly, to expedite the flow of information, to facilitate the prompt
8 resolution of disputes over confidentiality of discovery materials, to adequately
9 protect information the parties are entitled to keep confidential, to ensure that the
10 parties are permitted reasonable necessary uses of such material in preparation for
11 and in the conduct of trial, to address their handling at the end of the litigation, and
12 serve the ends of justice, a protective order for such information is justified in this
13 matter. It is the intent of the parties that information will not be designated as
14 confidential for tactical reasons and that nothing be so designated without a good
15 faith belief that it has been maintained in a confidential, non-public manner, and
16 there is good cause why it should not be part of the public record of this case.
17 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
18 The parties further acknowledge, as set forth in Section 14.3, below, that this
19 Stipulated Protective Order does not entitle them to file confidential information
20 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
21 and the standards that will be applied when a party seeks permission from the court
22 to file material under seal. There is a strong presumption that the public has a right
23 of access to judicial proceedings and records in civil cases. In connection with non-
24 dispositive motions, good cause must be shown to support a filing under seal. See
25 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),
26 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-
27 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even
28 stipulated protective orders require good cause showing), and a specific showing of
1 good cause or compelling reasons with proper evidentiary support and legal
2 justification, must be made with respect to Protected Material that a party seeks to
3 file under seal. The parties’ mere designation of Disclosure or Discovery Material
4 as CONFIDENTIAL does not—without the submission of competent evidence by
5 declaration, establishing that the material sought to be filed under seal qualifies as
6 confidential, privileged, or otherwise protectable—constitute good cause.
7 Further, if a party requests sealing related to a dispositive motion or trial, then
8 compelling reasons, not only good cause, for the sealing must be shown, and the
9 relief sought shall be narrowly tailored to serve the specific interest to be protected.
10 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For
11 each item or type of information, document, or thing sought to be filed or introduced
12 under seal, the party seeking protection must articulate compelling reasons,
13 supported by specific facts and legal justification, for the requested sealing order.
14 Again, competent evidence supporting the application to file documents under seal
15 must be provided by declaration.
16 Any document that is not confidential, privileged, or otherwise protectable in
17 its entirety will not be filed under seal if the confidential portions can be redacted. If
18 documents can be redacted, then a redacted version forpublic viewing, omitting only
19 the confidential, privileged, or otherwise protectable portions of the document, shall
20 be filed. Any application that seeks to file documents under seal in their entirety
21 should include an explanation of why redaction is not feasible.
22 4. DEFINITIONS
23 4.1 Action: Case No. 2:20-cv-00317 PSG (AFMx).
24 4.2 Challenging Party: a Party or Non-Party that challenges thedesignation of
25 information or items under this Order.
26 4.3 “CONFIDENTIAL” Information or Items: information(regardless of how
27 it is generated, stored or maintained) or tangible things that qualify for protection
28 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
1 Cause Statement.
2 4.4 Counsel: Counsel of Record (as well as their support staff).
3 4.5 Designating Party: a Party or Non-Party that designates information or
4 items that it produces in disclosures or in responses to discovery as
5 “CONFIDENTIAL.”
6 4.6 Disclosure or Discovery Material: all items or information, regardless of
7 the medium or manner in which it is generated, stored, or maintained (including,
8 among other things, testimony, transcripts, and tangible things), that are produced or
9 generated in disclosures or responses to discovery.
10 4.7 Expert: a person with specialized knowledge or experience in a matter
11 pertinent to the litigation who has been retained by a Party or its counsel to serve as
12 an expert witness or as a consultant in this Action.
13 4.8 House Counsel: attorneys who are employees of a party to this Action.
14 House Counsel does not include Outside Counsel of Record or any other outside
15 counsel.
16 4.9 Non-Party: any natural person, partnership, corporation, association or
17 other legal entity not named as a Party to this action.
18 4.10 Outside Counsel of Record: attorneys who are not employees of a party
19 to this Action but are retained to represent a party to this Action and have appeared
20 in this Action on behalf of that party or are affiliated with a law firm that has
21 appeared on behalf of that party, and includes support staff.
22 4.11 Party: any party to this Action, including all of its officers, directors,
23 employees, consultants, retained experts, and Outside Counsel of Record (and their
24 support staffs).
25 4.12 Producing Party: a Party or Non-Party that produces Disclosure or
26 Discovery Material in this Action.
27 4.13 Professional Vendors: persons or entities that provide litigation support
28 services (e.g., photocopying, videotaping, translating, preparing exhibits or
1 demonstrations, and organizing, storing, or retrieving data in any form or medium)
2 and their employees and subcontractors.
3 4.14 Protected Material: any Disclosure or Discovery Material that is
4 designated as “CONFIDENTIAL.”
5 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material
6 from a Producing Party.
7 5. SCOPE
8 The protections conferred by this Stipulation and Order cover not only
9 Protected Material (as defined above), but also (1) any information copied or
10 extracted from Protected Material; (2) all copies, excerpts, summaries, or
11 compilations of Protected Material; and (3) any testimony, conversations, or
12 presentations by Parties or their Counsel that might reveal Protected Material.
13 Any use of Protected Material at trial shall be governed by the orders of the
14 trial judge and other applicable authorities. This Order does not govern the use of
15 Protected Material at trial.
16 6. DURATION
17 Once a case proceeds to trial, information that was designated as
18 CONFIDENTIAL or maintained pursuant to this protective order used or introduced
19 as an exhibit at trial becomes public and will be presumptively available to all
20 members of the public, including the press, unless compelling reasons supported by
21 specific factual findings to proceed otherwise are made to the trial judge in advance
22 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”
23 showing for sealing documents produced in discovery from “compelling reasons”
24 standard when merits-related documents are part of court record). Accordingly, the
25 terms of this protective order do not extend beyond the commencement of the trial.
26
27 7. DESIGNATING PROTECTED MATERIAL
28 7.1 Exercise of Restraint and Care in Designating Material for Protection.
1 Each Party or Non-Party that designates information or items for protection under
2 this Order must take care to limit any such designation to specific material that
3 qualifies under the appropriate standards. The Designating Party must designate for
4 protection only those parts of material, documents, items or oral or written
5 communications that qualify so that other portions of the material, documents, items
6 or communications for which protection is not warranted are not swept unjustifiably
7 within the ambit of this Order.
8 Mass, indiscriminate or routinized designations are prohibited. Designations
9 that are shown to be clearly unjustified or that have been made for an improper
10 purpose (e.g., to unnecessarily encumber the case development process or to impose
11 unnecessary expenses and burdens on other parties) may expose the Designating
12 Party to sanctions.
13 If it comes to a Designating Party’s attention that information or items that it
14 designated for protection do not qualify for protection that Designating Party must
15 promptly notify all other Parties that it is withdrawing the inapplicable designation.
16 7.2 Manner and Timing of Designations.
17 Except as otherwise provided in this Order, or as otherwise stipulated or
18 ordered, Disclosure of Discovery Material that qualifies for protection under this
19 Order must be clearly so designated before the material is disclosed or produced.
20 Designation in conformity with this Order requires:
21 (a) for information in documentary form (e.g., paper or electronic
22 documents, but excluding transcripts of depositions or other pretrial or trial
23 proceedings), that the Producing Party affix at a minimum, the legend
24 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page
25 that contains protected material. If only a portion of the material on a page
26 qualifies for protection, the Producing Party also must clearly identify the
27 protected portion(s) (e.g., by making appropriate markings in the margins).
28 A Party or Non-Party that makes original documents available for
1 inspection need not designate them for protection until after the inspecting
2 Party has indicated which documents it would like copied and produced.
3 During the inspection and before the designation, all of the material made
4 available for inspection shall be deemed “CONFIDENTIAL.” After the
5 inspecting Party has identified the documents it wants copied and produced,
6 the Producing Party must determine which documents, or portions thereof,
7 qualify for protection under this Order. Then, before producing the specified
8 documents, the Producing Party must affix the “CONFIDENTIAL legend” to
9 each page that contains Protected Material. If only a portion of the material
10 on a page qualifies for protection, the Producing Party also must clearly
11 identify the protected portion(s) (e.g., by making appropriate markings in the
12 margins).
13 (b) for testimony given in depositions, that the Designating Party
14 identifies the Disclosure or Discovery Material on the record, before the close
15 of the deposition, all protected testimony.
16 (c) for information produced in some form other than documentary and
17 for any other tangible items, that the Producing Party affix in a prominent
18 place on the exterior of the container or containers in which the information
19 is stored the legend “CONFIDENTIAL.” If only a portion or portions of the
20 information warrants protection, the Producing Party, to the extent
21 practicable, shall identify the protected portion(s).
22 7.3 Inadvertent Failures to Designate.
23 If timely corrected, an inadvertent failure to designate qualified information
24 or items does not, standing alone, waive the Designating Party’s right to secure
25 protection under this Order for such material. Upon timely correction of a
26 designation, the Receiving Party must make reasonable efforts to assure that the
27 material is treated in accordance with the provisions of this Order.
28 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
1 8.1. Timing of Challenges.
2 Any Party or Non-Party may challenge a designation of confidentiality at any
3 time that is consistent with the Court’s Scheduling Order.
4 8.2 Meet and Confer.
5 The Challenging Party shall initiate the disputeresolution process under Local
6 Rule 37-1 et seq.
7 8.3 Joint Stipulation.
8 Any challenge submitted to the Court shall be via a joint stipulation pursuant
9 to Local Rule 37-2.
10 8.4 The burden of persuasion in any such challenge proceeding shall beon the
11 Designating Party.
12 Frivolous challenges, and those made for an improper purpose (e.g., to harass
13 or impose unnecessary expenses and burdens on other parties) may expose the
14 Challenging Party to sanctions. Unless the Designating Party has waived or
15 withdrawn the confidentiality designation, all parties shall continue to afford the
16 material in question the level of protectionto which it is entitled under the Producing
17 Party’s designation until the Court rules on the challenge.
18 9. ACCESS TO AND USE OF PROTECTED MATERIAL
19 9.1 Basic Principles.
20 A Receiving Party may use Protected Material that is disclosed or produced
21 by another Party or by a Non-Party in connection with this Action only for
22 prosecuting, defending or attempting to settle this Action. Such Protected Material
23 may be disclosed only to the categories of persons and under the conditions
24 described in this Order. When the Action has been terminated, a Receiving Party
25 must comply with the provisions of section 15 below (FINAL DISPOSITION).
26 Protected Material must be stored and maintained by a Receiving Party at a
27 location and in a secure manner that ensures that access is limited to the persons
28 authorized under this Order.
1 9.2 Disclosure of “CONFIDENTIAL” Information or Items.
2 Unless otherwise ordered by the court or permitted in writing by the
3 Designating Party, a Receiving Party may disclose any information or item
4 designated “CONFIDENTIAL” only to:
5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
6 well as employees of said Outside Counsel of Record to whom it isreasonably
7 necessary to disclose the information for this Action;
8 (b) the officers, directors, and employees (including House Counsel) of
9 the Receiving Party to whom disclosure is reasonably necessary for this
10 Action;
11 (c) Experts (as defined in this Order) of the Receiving Party to whom
12 disclosure is reasonably necessary for this Action and who have signed the
13 “Acknowledgment and Agreement to Be Bound,” which is attached hereto as
14 Exhibit “A;”
15 (d) the court and its personnel;
16 (e) court reporters and their staff;
17 (f) professional jury or trial consultants, mock jurors, and Professional
18 Vendors to whom disclosure is reasonably necessary for this Action and who
19 have signed the “Acknowledgment and Agreement to BeBound” (Exhibit A);
20 (g) the author or recipient of a document containing the information or
21 a custodian or other person who otherwise possessed or knew the information;
22 (h) during their depositions, witnesses, and attorneys for witnesses, in
23 the Action to whom disclosure is reasonably necessary provided: (1) the
24 deposing party requests that the witness sign the form attached as Exhibit A
25 hereto; and (2) they will not be permitted to keep any confidential information
26 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit
27 A), unless otherwise agreed by the Designating Party or ordered by the court.
28 Pages of transcribed deposition testimony or exhibits to depositions that
1 reveal Protected Material may be separately bound by the court reporter and
2 may not be disclosed to anyone except as permitted under this Stipulated
3 Protective Order; and
4 (i) any mediators or settlement officers and their supporting personnel,
5 mutually agreed upon by any of the parties engaged in settlement discussions.
6 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
7 PRODUCED IN OTHER LITIGATION
8 If a Party is served with a subpoena or a court order issued in other
9 litigation that compels disclosure of any information or items designated in this
10 Action as “CONFIDENTIAL,” that Party 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
14 order to issue in the other litigation that some or all of the material covered by
15 the subpoena or order is subject to this Protective Order. Such notification
16 shall include a copy of this 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 If the Designating Party timely seeks a protective order, the Party served with
20 the subpoena or court order shall not produce any information designated in
21 this action as “CONFIDENTIAL” before a determination by the court from
22 which the subpoena or order issued, unless the Party has obtained the
23 Designating Party’s permission. The Designating Party shall bear the burden
24 and expense of seeking protection in that court of its confidential material and
25 nothing inthese provisions should be construed as authorizing or encouraging
26 a Receiving Party in this Action to disobey a lawful directive from another
27 court.
28 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
1 PRODUCED IN THIS LITIGATION
2 (a) The terms of this Order are applicable to information produced by a
3 Non-Party in this Action and designated as “CONFIDENTIAL.” Such
4 information produced by Non-Parties in connection with this litigation is
5 protected by the remedies and relief provided by this Order. Nothing in these
6 provisions should be construed as prohibiting a Non-Party from seeking
7 additional protections.
8 (b) In the event that a Party is required, by a valid discovery request, to
9 produce a Non-Party’s confidential information in its possession, and the
10 Party is subject to an agreement with the Non-Party not to produce the Non-
11 Party’s confidential information, then the Party shall:
12 (1) promptly notify in writing the Requesting Party and the Non-
13 Party that some or all of the information requested is subject to a
14 confidentiality agreement with a Non-Party;
15 (2) promptly provide the Non-Party with a copy of the Stipulated
16 Protective Order in this Action, the relevant discovery request(s), and a
17 reasonably specific description of the information requested; and
18 (3) make the information requested available for inspection by
19 the Non-Party, if requested.
20 (c) If the Non-Party fails to seek a protective order from this court
21 within 14 days of receiving the notice and accompanying information,
22 the Receiving Party may produce the Non-Party’s confidential
23 information responsive to the discovery request. If the Non-Party
24 timely seeks a protective order, the Receiving Party shall not produce
25 any information in its possession or control that is subject to the
26 confidentiality agreement with the Non-Partybefore a determination by
27 the court. Absent a court order to the contrary, the Non-Party shall bear
28 the burden and expense of seeking protection in this court of its
1 Protected Material.
2 12. 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 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
6 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
7 to retrieve all unauthorized copies of the Protected Material, (c) inform the person
8 or persons to whom unauthorized disclosures were made of all the terms of this
9 Order, and (d) request such person or persons to execute the “Acknowledgment an
10 Agreement to Be Bound” attached hereto as Exhibit A.
11 13. 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 procedure
17 may be established in an e-discovery order thatprovides for production without prior
18 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
19 parties reach an agreement on the effect of disclosure of a communication or
20 information covered by the attorney-client privilege or work product protection, the
21 parties may incorporate their agreement in the stipulated protective order submitted
22 to the court.
23 14. MISCELLANEOUS
24 14.1 Right to Further Relief.
25 Nothing in this Order abridges the right of any person to seek its modification
26 by the Court in the future.
27 14.2 Right to Assert Other Objections.
28 By stipulating to the entry of this Protective Order, no Party waives any right
1 it otherwise would have to object to disclosing or producing any information or item
2 on any ground not addressed in this Stipulated Protective Order. Similarly, no Party
3 waives any right to object on any ground to use in evidence of any of the material
4 covered by this Protective Order.
5 14.3 Filing Protected Material.
6 A Party that seeks to file under seal any Protected Material must comply with
7 Local Civil Rule 79-5. Protected Material may only be filed under seal pursuant to
8 a court order authorizing the sealing of the specific Protected Material. If a Party’s
9 request to file Protected Material under seal is denied by the court, then the
10 Receiving Party may file the information in the public record unless otherwise
11 instructed by the court.
12 15. FINAL DISPOSITION
13 After the final disposition of this Action, as defined in paragraph 6, within 60
14 days of a written request by the Designating Party, each Receiving Party must return
15 all Protected Material to the Producing Party or destroy such material. As used in
16 this subdivision, “all Protected Material” includes allcopies, abstracts, compilations,
17 summaries, and any other format reproducing or capturing any of the Protected
18 Material. Whether the Protected Material is returned or destroyed, the Receiving
19 Party must submit a written certification to the Producing Party (and, if not the same
20 person or entity, to the Designating Party) by the 60-day deadline that (1) identifies
21 (by category, where appropriate) all the Protected Material that was returned or
22 destroyed and (2) affirms that the Receiving Party has not retained any copies,
23 abstracts,compilations, summaries or any other format reproducing or capturingany
24 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
25 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
26 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
27 reports, attorney work product, and consultant and expertwork product, even if such
28 materials contain Protected Material. Any such archival copies that contain or
1 || constitute Protected Material remain subject to this Protective Order as set forth in
2 || Section 6 (DURATION).
3 16. VIOLATION
4 || Any violation of this Order may be punished by appropriate measures including,
5 || without limitation, contempt proceedings and/or monetary sanctions.
6
7 RESPECTFULLY SUBMITTED,
8
9 || DATED: August 13, 2020 ENENSTEIN PHAM & GLASS LLP
10
11 By:__/s/ Ned M. Gelhaar
Darren S. Enenstein
Ned M. Gelhaar
13 Talia M. Rybak
4 Attorneys for Plaintiff Marantz Brothers,
LLC
15
16 || DATED: August 13, 2020 BRYAN CAVE LEIGHTON
PAISNER LLP
17
18 .
By:___/s/ David Harford
19 Jennifer A. Jackson
20 David Harford
Attorneys for Defendants Tate & Lyle
21 Ingredients Americas LLC, Vincent
9 Pinneri, and Perry Tessitore
54 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
24
DATED: 8/14/2020
26 (Wy Mock
27 || HON. ALEXANDER F. MACKINNON
ag || 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 _________________ [print or
4 type full address], declare under penalty of perjury that I have read in its entirety and understand
5 the Stipulated Protective Order that was issued by the United States District Court for the Central
6 District of California on in the case of Marantz Brothers, LLC v. Tate & Lyle Ingredients
7 Americas LLC, Et Al, Case No: 2:20-cv-00317 PSG (AFMx).I agree to comply with and to
8 be bound by all the terms of this Stipulated Protective Order, and I understand and acknowledge
9 that failure to so comply could expose me to sanctions and punishment in the nature of contempt.
10 I solemnly promise that I will not disclose inany manner any information or item that is subject
11 to this Stipulated Protective Order to any person or entity except in strict compliance with the
12 provisions of this Order. I further agree to submit to the jurisdiction of the United States District
13 Court for the Central District of California for the purpose of enforcing the terms of this
14 Stipulated Protective Order, even if such enforcement proceedings occur after termination of this
15 action.
16 If I am not a resident of California, Ihereby appoint __________________________ [print or
17 type full name] of
18 _______________________________________ [print or type full address and telephone
19 number] as my California agent for service of process in connection with this action or any
20 proceedings related to enforcement of this Stipulated Protective Order.
21
22 Date: ______________________________________
23 City and State where sworn and signed: _________________________________
24
25 Printed name: _______________________________
26
27 Signature: __________________________________
28

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10038744. Public record. Not legal advice.