Sushi Nozawa, LLC v. The HRB Experience, LLC

1 ROBERT L. WALLAN (SBN 126480)

robert.wallan@pillsburylaw.com

2

CAROLYN S. TOTO (SBN 233825)

3 carolyn.toto@pillsburylaw.com

MICHAEL R. KREINER (SBN 316625)

4

michael.kreiner@pillsburylaw.com

5 PILLSBURY WINTHROP SHAW PITTMAN LLP

725 South Figueroa Street, Suite 2800

6

Los Angeles, CA 90017-5406

7 Telephone: 213.488.7100

Facsimile: 213.629.1033

8

9 Attorneys for Plaintiff

SUSHI NOZAWA, LLC

10

11

UNITED STATES DISTRICT COURT

12

CENTRAL DISTRICT OF CALIFORNIA

13

WESTERN DIVISION

14

15 SUSHI NOZAWA, LLC, a Delaware Case No. 2:19-cv-07653 ODW (RAOx)

16 limited liability company,

[PROPOSED] STIPULATED

17 Plaintiff, PROTECTIVE ORDER

18 vs.

19

The HRB Experience, LLC, a California Judge: Honorable Otis D. Wright, II

20 liability company, Magistrate: Hon. Rozella A. Oliver

21 Defendant. Discovery Document: Referred to

22 Magistrate Judge Rozella A. Oliver

23

24

25

26

27

1 1. A. 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 disclosure

4 and from use for any purpose other than prosecuting this litigation may be warranted.

5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following

6 Stipulated Protective Order. The parties acknowledge that this Order does not confer

7 blanket protections on all disclosures or responses to discovery and that the protection

8 it affords from public disclosure and use extends only to the limited information or items

9 that are entitled to confidential treatment under the applicable legal principles.

10 B. GOOD CAUSE STATEMENT

11 The Parties expect that discovery in this case will include commercially sensitive

12 information, such as sales figures, expenses, pricing, marketing plans, future

13 commercial plans, confidential business or financial information, information regarding

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

15 commercial information, information otherwise generally unavailable to the public, or

16 which may be privileged or otherwise protected from disclosure under state or federal

17 statutes, court rules, case decisions, or common law. The Parties believe they would be

18 harmed if this information was publicly disclosed. Accordingly, to expedite the flow

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

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

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

22 material in preparation for and in the conduct of trial, to address their handling at the

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

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

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

26 without a good faith belief that it has been maintained in a confidential, non-public

27 manner, and there is good cause why it should not be part of the public record of this

1 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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

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

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

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

6 material under seal.

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

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

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

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

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

12 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good

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

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

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

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

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

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

19 constitute good cause.

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

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

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

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

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

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

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

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

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

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

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

4 the confidential, privileged, or otherwise protectable portions of the document, shall be

5 filed. Any application that seeks to file documents under seal in their entirety should

6 include an explanation of why redaction is not feasible.

7 2. DEFINITIONS

8 2.1 Action: Sushi Nozawa, LLC v. The HRB Experience, LLC, Case No. 2:19-

9 cv-07653 ODW (RAOx).

10 2.2 Challenging Party: a Party or Non-Party that challenges the designation of

11 information or items under this Order.

12 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how

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

14 Fed. R. Civ. P. 26(c), and as specified above in the Good Cause Statement.

15 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

16 support staff).

17 2.5 Designating Party: a Party or Non-Party that designates information or

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

19 “CONFIDENTIAL.”

20 2.6 Disclosure or Discovery Material: all items or information, regardless of

21 the medium or manner in which it is generated, stored, or maintained (including, among

22 other things, testimony, transcripts, and tangible things), that are produced or generated

23 in disclosures or responses to discovery in this matter.

24 2.7 Expert: a person with specialized knowledge or experience in a matter

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

26 expert witness or as a consultant in this Action.

27 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

1 the disclosure of which to another Party or Non-Party would create a substantial risk of

2 serious harm that could not be avoided by less restrictive means.

3 2.9 House Counsel: attorneys who are employees of a party to this Action.

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

5 counsel.

6 2.10 Non-Party: any natural person, partnership, corporation, association, or

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

8 2.11 Outside Counsel of Record: attorneys who are not employees of a party to

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

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

11 has appeared on behalf of that party, and includes support staff.

12 2.12 Party: any party to this Action, including all of its officers, directors,

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

14 support staffs).

15 2.13 Producing Party: a Party or Non-Party that produces Disclosure or

16 Discovery Material in this Action.

17 2.14 Professional Vendors: persons or entities that provide litigation support

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

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

20 their employees and subcontractors.

21 2.15 Protected Material: any Disclosure or Discovery Material that is

22 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

23 EYES ONLY.”

24 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

25 from a Producing Party.

26 3. SCOPE

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

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

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

3 Counsel that might reveal Protected Material.

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

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

6 4. DURATION

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

8 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,”

9 or maintained pursuant to this protective order used or introduced as an exhibit at trial

10 becomes public and will be presumptively available to all members of the public,

11 including the press, unless compelling reasons supported by specific factual findings to

12 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana,

13 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing documents

14 produced in discovery from “compelling reasons” standard when merits-related

15 documents are part of court record). Prior to the trial, the parties shall meet and confer

16 to discuss how to handle Confidential Material and Attorneys’ Eyes Only Material, and

17 may seek additional relief from the Court.

18 This Order shall survive the termination of this action and shall remain in full

19 force and effect unless modified by Court Order or the written stipulation of the parties

20 filed with the Court.

21 5. DESIGNATING PROTECTED MATERIAL

22 5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

24 Order must take care to limit any such designation to specific material that qualifies

25 under the appropriate standards. The Designating Party must designate for protection

26 only those parts of material, documents, items, or oral or written communications that

27 qualify so that other portions of the material, documents, items, or communications for

1 which protection is not warranted are not swept unjustifiably within the ambit of this

2 Order.

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

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

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

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

7 to sanctions.

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

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

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

11 5.2 Manner and Timing of Designations. Except as otherwise provided in this

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

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

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

15 Designation in conformity with this Order requires:

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

17 but excluding transcripts of depositions or other pretrial or trial proceedings), that the

18 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY

19 CONFIDENTIAL - ATTORNEYS’ EYES ONLY” to each page that contains protected

20 material. If only a portion or portions of the material on a page qualifies for protection,

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

22 appropriate markings in the margins).

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

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

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

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

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

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

2 documents, the Producing Party must affix the “CONFIDENTIAL” or “HIGHLY

3 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to each page that contains

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

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

6 by making appropriate markings in the margins).

7 If the information is contained in a file format that does not reasonably allow for

8 the affixing of such legend, then the Producing Party may designate for the protection

9 of the information within such file by stating such designation via the transmittal e-mail

10 or letter, or by producing a slip sheet in its production which identifies the bates number

11 of the file in question and the confidentiality designation for that file.

12 (b) The Parties may designate deposition transcripts, or portions thereof, as

13 either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

14 ONLY” by either stating the designation on the record during the deposition or in

15 writing thereafter. With respect to depositions during which there has been a general

16 designation of testimony as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

17 ONLY,” unless otherwise agreed to by the parties, all such depositions and information

18 contained therein shall be deemed “ATTORNEYS’ EYES ONLY” for twenty-one (21)

19 days after the receipt of the official transcript. During the twenty-one (21) days, the

20 Parties shall provide specific designations to the deposition transcripts. Although

21 failure to make a specific designation during this period will be construed as the

22 withdrawing of the general confidentiality designation, the Parties shall meet and confer

23 before disclosing such information. This paragraph shall not apply if only specific

24 portions of the deposition transcript were designated in the first instance. In the event

25 that the Parties fail to designate testimony as “CONFIDENTIAL” or “HIGHLY

26 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” prior to the close of the deposition,

27 the deposition transcript shall be deemed “CONFIDENTIAL” for twenty-one (21) days

1 the entirety of the deposition or specific portions thereof “CONFIDENTIAL” and/or

2 designate specific portions of the deposition as “HIGHLY CONFIDENTIAL –

3 ATTORNEYS’ EYES ONLY.” If neither Party designates the deposition (or portions

4 thereof) as “CONFIDENTIAL” and/or “HIGHLY CONFIDENTIAL – ATTORNEYS’

5 EYES ONLY” during the twenty-one (21) day period, the deposition will be deemed

6 not to be confidential.

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

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

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

10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

11 ONLY,” or a substantially similar legend. If only a portion or portions of the

12 information warrants protection, the Producing Party, to the extent practicable, shall

13 identify the protected portion(s).

14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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

19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

22 Order.

23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

24 resolution process under Local Rule 37.1 et seq.

25 6.3 The burden of persuasion in any such challenge proceeding shall be on the

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

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

1 the confidentiality designation, all parties shall continue to afford the material in

2 question the level of protection to which it is entitled under the Producing Party’s

3 designation until the Court rules on the challenge.

4 7. ACCESS TO AND USE OF PROTECTED MATERIAL

5 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

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

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

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

13 authorized under this Order.

14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

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

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

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

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

19 disclose the information for this Action;

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

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

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

23 disclosure is reasonably 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

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

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

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

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

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

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

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

8 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

9 not be permitted to keep any confidential information unless they sign the

10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed

11 by the Designating Party or ordered by the court. Pages of transcribed deposition

12 testimony or exhibits to depositions that reveal Protected Material may be separately

13 bound by the court reporter and may not be disclosed to anyone except as permitted

14 under this Stipulated Protective Order; and

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

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

17 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

18 ONLY” Information or Items. Material designated as “HIGHLY CONFIDENTIAL –

19 ATTORNEYS’ EYES ONLY” may be disclosed only to the people listed above in

20 paragraphs 7.2(a), (c)-(g), (i), or as ordered by the Court or agreed to by the Parties. For

21 the avoidance of any doubt, any information or item designated “HIGHLY

22 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may not be disclosed to the

23 Receiving Party’s House Counsel unless the Receiving Party’s House Counsel satisfies

24 the criteria of 7.2(g).

25 Nothing in this Order shall preclude any Parties or their attorneys from disclosing

26 or using any material or documents from that Party’s own files which the Party itself

27 has designated as Protected Material; however, neither Party shall be permitted to

1 disclose material or documents that both Parties have designated as Protected Material.

2 No information that is in the public domain shall be subject to this Order.

3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

4 OTHER LITIGATION

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

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

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

8 ONLY,” that Party must:

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

10 include a copy of the subpoena or court order;

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

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

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

14 Stipulated Protective Order; and

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

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

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

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

19 “CONFIDENTIAL” before a determination by the court from which the subpoena or

20 order issued, unless the Party has obtained the Designating Party’s permission. The

21 Designating Party shall bear the burden and expense of seeking protection in that court

22 of its confidential material and nothing in these provisions should be construed as

23 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive

24 from another court.

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

26 IN THIS LITIGATION

27 (a) The terms of this Order are applicable to information produced by a Non-

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

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

3 a Non-Party from seeking additional protections.

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

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

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

7 information, then the Party shall:

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

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

10 with a Non-Party;

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

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

13 specific description of the information requested; and

14 (3) make the information requested available for inspection by the Non-

15 Party, if requested.

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

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

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

19 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

20 any information in its possession or control that is subject to the confidentiality

21 agreement with the Non-Party before a determination by the court. Absent a court order

22 to the contrary, the Non-Party shall bear the burden and expense of seeking protection

23 in this court of its Protected Material.

24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

4 that is attached hereto as Exhibit A.

5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

6 PROTECTED MATERIAL

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

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

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

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

11 may be established in an e-discovery order that provides for production without prior

12 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

13 parties reach an agreement on the effect of disclosure of a communication or

14 information covered by the attorney-client privilege or work product protection, the

15 parties may incorporate their agreement in the stipulated protective order submitted to

16 the court.

17 12. MISCELLANEOUS

18 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

20 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

25 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

27 only be filed under seal pursuant to a court order authorizing the sealing of the specific

1 denied by the court, then the Receiving Party may file the information in the public

2 record unless otherwise instructed by the court.

3 12.4 Acknowledgement and Agreement to be Bound. Each person who signs

4 the Acknowledgment and Agreement to be Bound by Protective Order attached hereto

5 as Exhibit A shall be subject to the jurisdiction of this Court for purposes of any

6 proceedings relating to compliance with or violation of this Order.

7 13. FINAL DISPOSITION

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

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

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

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

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

13 Material. Whether the Protected Material is returned or destroyed, the Receiving Party

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

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

16 category, where appropriate) all the Protected Material that was returned or destroyed

17 and (2) affirms that the Receiving Party has not retained any copies, abstracts,

18 compilations, summaries or any other format reproducing or capturing any of the

19 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

20 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

21 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

22 work product, and consultant and expert work product, even if such materials contain

23 Protected Material. Any such archival copies that contain or constitute Protected

24 Material remain subject to this Protective Order as set forth in Section 4 (DURATION).

25 //

26 //

27 //

1|/14. VIOLATION

2 violation of this Order may be punished by appropriate measures including,

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

4

5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

6 || DATED August 24, 2020

7

8 /s/ Carolyn S. Toto

g || Carolyn S. Toto

Attorneys for Plaintiff

10 || Sushi Nozawa, LLC

11

12 || DATED August 24, 2020

13

14 ||2Gabriella A. Nourafchan

Gabriella A. Nourafchan

15 |) Attorneys for Defendant

16 The HRB Experience, LLC

17

FILER’S ATTESTATION OF SIGNATURES

18

Pursuant to Civil Local Rule 5-4.3.4(a)(2) regarding signatures, I attest under

19

penalty of perjury that concurrence in the filing of this document has been obtained.

20

21

Dated: August 24, 2020 /s/ Carolyn S. Toto

22 Carolyn S. Toto

23

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

24

DATED: August 24, 2020

25

Raph a,

27 || Hon. Rozella A. Oliver

9g || United States District/Magistrate Judge

-16-

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

4 I, [print or type full name], of

5 [print or type full address], declare under penalty of perjury that I have read in its

6 entirety and understand the Stipulated Protective Order that was issued by the United

7 States District Court for the Central District of California on [date] in the case of

8 Sushi Nozawa, LLC v. The HRB Experience, LLC, Case No. 2:19-cv-

9 07653 ODW (RAOx). I agree to comply with and to be bound by all the terms of this

10 Stipulated Protective Order and I understand and acknowledge that failure to so comply

11 could expose me to sanctions and punishment in the nature of contempt. I solemnly

12 promise that I will not disclose in any manner any information or item that is subject to

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

14 the provisions of this Order.

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

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

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

18 action.

19 I hereby appoint ________________________ [print or type full name] of

20 [print or type full address and telephone number] as

21 my California agent for service of process in connection with this action or any

22 proceedings related to enforcement of this Stipulated Protective Order.

23 Date:

24 City and State where sworn and signed:

25

26 Printed name:

27