Liaigre, Inc. v. California Furniture Collection, Inc.

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10 UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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13 LIAIGRE, INC., a Delaware Corporation, | Case No. 8:19-cv-01160-AG-KES

Plaintiff, [Discovery Document: Referred to

15 |) y. Magistrate Judge Karen E. Scott]

16 || CALIFORNIA FURNITURE [PROPOSED] FIRST AMENDED

COLLECTION, INC. d/b/a ROBERT STIPULATED PROTECTIVE □□□□□□

17 || JAMES COLLECTION, a California

Corporation; GINA B & COMPANY,

18 INC. , a California Corporation; and DOES

1g 110.

Defendants.

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Complaint Filed: June 11, 2019

23 Trial Date: None Set

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1 On stipulation of Plaintiff Liaigre, Inc. and Defendants California Furniture

2 | Collection, Inc. and Gina B & Company, Inc. (collectively, the “Parties”), the Court

3 || enters an Amended Protective Order in this matter as follows:

1. A. PURPOSES AND LIMITATIONS

6 Discovery in this action is likely to involve production of confidential.

7 | proprietary, or private information for which special protection from public disclosure

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

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

10 || Stipulated Protective Order. The parties acknowledge that this Order does not □□□□□□

11 || blanket protections on all disclosures or responses to discovery and that the protection 11

12 || affords from public disclosure and use extends only to the limited information or items

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

14 B. GOOD CAUSE STATEMENT

15 This action is likely to involve trade secrets, furniture information, vendor

16 || information, supplier information, pricing information, cost information, and □□□□□

17 || valuable proprietary information for which special protection from public disclosure

18 || and from use for any purpose other than prosecution of this action is warranted. Such

19 || confidential and proprietary materials and information consist of, among other things.

20 || sales summaries, pricing, internal business strategies, and other confidential business o1

21 || financial information, or information regarding confidential business practices. The

22 || confidential information at issue is generally unavailable to the public and may be

23 || privileged or otherwise protected from disclosure under state or federal statutes, court

-24 | rules, case decisions, or common law.

25 Accordingly, to expedite the flow of information, to facilitate the prompt

26 || resolution of disputes over confidentiality of discovery materials, to adequately protect

27 || information the parties are entitled to keep confidential, to ensure that the parties are

28 || permitted reasonable necessary uses of such material in preparation for and in the

1 || conduct of trial, to address their handling at the end of the litigation, and serve the ends

2 || of justice, a protective order for such information is justified in this matter. It is the

3 | intent of the parties that information will not be designated as confidential for tactical

4 | reasons and that nothing be so designated without a good faith belief that it has beer

5 || maintained in a confidential, non-public manner, and there is good cause why it should

6 || not be part of the public record of this case.

7 C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER

SEAL

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

10 || Stipulated Protective Order does not entitle them to file confidential information unde

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

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

13 | material under seal.

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

15 || proceedings and records in civil cases. In connection with non-dispositive motions.

16 || good cause must be shown to support a filing under seal. See Kamakana v. City ana

17 || County of Honolulu, 477 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

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

19 | 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good

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

21 || proper evidentiary support and legal justification, must be made with respect tc

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

23 || Disclosure or Discovery Material as CONFIDENTIAL does not—without the

-24 || submission of competent evidence by declaration, establishing that the material sought

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

26 || constitute good cause.

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

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

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

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

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

4 |}connection with a dispositive motion or trial, the party seeking protection must

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

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

7 || documents under seal must be provided by declaration.

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

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

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

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

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

13 || include an explanation of why redaction is not feasible.

14 | 2. DEFINITIONS

15 2.1 Action: the above-captioned pending federal lawsuit entitled, Liaigre, Inc.

16 |} vy. California Furniture Collection, Inc., et al., No. 8:19-cv-01160-JAK-KES, in the

17 || United States District Court, Central District of California.

18 2.2 Challenging Party: a Party or Non-Party that challenges the designation of

19 || information or items under this Order.

20 2.3. “CONFIDENTIAL” Information or Items: information (regardless of how

21 || it is generated, stored or maintained) or tangible things that qualify for protection □□□□□

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

23 || Statement.

2.4 Counsel: Outside Counsel of Record and House Counsel (as well as thei

25 || support staff).

= 26 2.5 Designating Party: a Party or Non-Party that designates information o1

27 || items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL’

28 || or “HIGHLY CONFIDENTIAL” or “ATTORNEY EYES ONLY.”

1 2.6 Disclosure or Discovery Material: all items or information, regardless of

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

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

4 | in disclosures or responses to discovery in this matter.

5 2.7 Expert: a person with specialized knowledge or experience in a mattet

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

7 || expert witness or as a consultant in this Action.

8 2.8 “HIGHLY CONFIDENTIAL” or “ATTORNEY EYES ONLY’

9 || Information or Items: information (regardless of how it is generated, stored o1

10 || maintained) or tangible things that qualify for protection under Federal Rule of Civil

11 || Procedure 26(c), and as specified above in the Good Cause Statement for which

12 || disclosures to another party is likely to result in harm to the Designating Party.

13 2.9 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 2.10 Non-Party: any natural person, partnership, corporation, association, ot

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

18 2.11 Outside Counsel of Record: attorneys who are not employees of a party tc

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

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

21 || appeared on behalf of that party, including support staff.

22 2.12 Party: any party to this Action, including all of its officers, directors.

23 || employees, consultants, retained experts, and Outside Counsel of Record (and theit

-24 || support staffs).

25 2.13 Producing Party: a Party or Non-Party that produces Disclosure o1

26 || Discovery Material in this Action.

27 2.14 Professional Vendors: persons or entities that provide litigation support

28 services (e.g., photocopying, videotaping, translating, preparing exhibits ot

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

2 || their employees and subcontractors.

3 2.15 Protected Material: any Disclosure or Discovery Material that is designated

4)as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “ATTORNEY EYES

5 | ONLY.”

6 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

7 || from a Producing Party.

8 || 3. SCOPE

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

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

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

12 || Material; and (3) any testimony, conversations, or presentations by Parties or thei

13 || Counsel that might reveal Protected Material.

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

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

16 | 4, DURATION

17 Once a case proceeds to trial, all of the court-filed information to be introduced

18 || that was previously designated as confidential or maintained pursuant to this protective

19 || order becomes public and will be presumptively available to all members of the public.

20 || including the press, unless compelling reasons supported by specific factual findings tc

21 || proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v.

22 || City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing

23 || “good cause” showing for sealing documents produced in discovery from “compelling

-24 ||reasons” standard when merits-related documents are part of court record).

25 || Accordingly, the terms of this protective order do not extend beyond the

26 || commencement of the trial.

27 Otherwise, even after final disposition of this litigation, the confidentiality

28 || obligations imposed by this Order shall remain in effect until a Designating Party agrees

1 || otherwise in writing or a court order otherwise directs. Final disposition shall be

2 || deemed to be the later of (1) dismissal of all claims and defenses in this Action, with o1

3 | without prejudice; and (2) final judgment herein after the completion and exhaustion of

4 | all appeals, rehearings, remands, trials, or reviews of this Action, including the time

5 | limits for filing any motions or applications for extension of time pursuant to applicable

6 || law.

715. DESIGNATING PROTECTED MATERIAL

8 5.1 Exercise _of Restraint_and Care in Designating Material for Protection

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

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

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

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

13 || qualify so that other portions of the material, documents, items, or communications □□□

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

15 || Order.

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

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

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

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

20 || to sanctions.

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

22 || designated for protection do not qualify for protection, that Designating Party must

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

24 5.2 Manner and Timing of Designations. Except as otherwise provided in this

25 || Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated o1

26 || ordered, Disclosure or Discovery Material that qualifies for protection under this Ordet

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

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1 Designation in conformity with this Order requires:

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

3 |documents, but excluding transcripts of depositions or other pretrial or trial

4 | proceedings), that the Producing Party affix, at a minimum, the legend

5S | “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “ATTORNEY EYES ONLY’

6 | (hereinafter “CONFIDENTIAL legend”), to each page that contains protected material.

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

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

9 | appropriate markings in the margins).

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

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

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

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

14 | “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “ATTORNEY EYES ONLY.’

15 || After the inspecting Party has identified the documents it wants copied and produced.

16 | the Producing Party must determine which documents, or portions thereof, qualify for

17 || protection under this Order. Then, before producing the specified documents, the

18 || Producing Party must affix the “CONFIDENTIAL legend” to each page that contains

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

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

21 || by making appropriate markings in the margins).

22 (b) for testimony given in depositions that the Designating Party

23 identify the Disclosure or Discovery Material on the record, before the close of the

-24 || deposition, of all protected testimony designated as Protected Material. Alternatively.

25 || the Designating Party may, within a reasonable time not to exceed twenty-one (21)

26 || days, after the deposition transcript is delivered to the Designating Party, provide to all

27 || counsel written notice identifying the specific portion (by page and line numbers) that

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1 || the Designating Party seeks to protect, and all parties to the litigation will mark the

2 || pages with the appropriate legends.

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 □□□□□□

6 | “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “ATTORNEY EYES ONLY.’

7 | If only a portion or portions of the information warrants protection, the Producing Party.

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

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

10 || failure 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 tc

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

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

17 || Order.

18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

19 || resolution process under Local Rule 37.1, et seq. Any discovery motion must strictly

20 || comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3.

21 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint

22 || stipulation pursuant to Local Rule 37-2.

23 6.4 Burden. The burden of persuasion in any such challenge proceeding shal

be on the Designating Party. Frivolous challenges, and those made for an impropet

25 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties)

= 26 may expose the Challenging Party to sanctions. Unless the Designating Party has

27 || waived or withdrawn the confidentiality designation, all parties shall continue to afford

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1 || the material in question the level of protection to which it is entitled under the

2 || Producing Party’s designation until the Court rules on the challenge.

3 ACCESS TO AND USE OF PROTECTED MATERIAL

4 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

8 || conditions described in this Order. When the Action has been terminated, a Receiving

9 || Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

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

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

12 | authorized under this Order.

13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

14 || ordered by the Court or permitted in writing by the Designating Party, a Receiving

15 || Party may disclose any information or item designated “CONFIDENTIAL” 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

18 || necessary to disclose the information for this Action;

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

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

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

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

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

(d) the Court and its personnel;

25 (e) court reporters and their staff;

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

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

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

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

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

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

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

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

6 | be permitted to keep any confidential information unless they sign _ the

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

8 || by the Designating Party or ordered by the Court. Pages of transcribed deposition

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

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

11 || under this Stipulated Protective Order; and

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

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

14 7.3. Disclosure of “HIGHLY CONFIDENTIAL” or “ATTORNEY’S EYES

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

16 || writing by the Designating Party, a Receiving Party may disclose any information o1

17 | item designated “HIGHLY CONFIDENTIAL” or “ATTORNEY EYES ONLY” only

18 || to:

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

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

21 || necessary to disclose the information for this Action;

22 (b) 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 (c) the court and its personnel;

= 26 (d) court reporters and their staff;

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

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

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

7 || mutually agreed upon by any of the parties engaged in settlement discussions; and

8 (h) while the Receiving Party only access any Information designated as

9 | “HIGHLY CONFIDENTIAL” or “ATTORNEYS EYES ONLY” as described above.

10 || the parties may separately agree in writing to redact Information designated as

11 | “HIGHLY CONFIDENTIAL” or “ATTORNEYS EYES ONLY” so □□□□ said

12 || Information may be designated as “CONFIDENTIAL” in its redacted form, to allow the

13 || Receiving Party to have information necessary for evaluating litigation strategy in this

14 || Action.

1S || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

16 IN OTHER LITIGATION

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

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

19 | “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL” or “ATTORNEYS EYES ONLY,”

20 || that Party must:

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

22 || include a copy of the subpoena or court order;

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

-24 || issue in the other litigation that some or all of the material covered by the subpoena o1

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

26 || Stipulated Protective Order; and

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

28 || by the Designating Party whose Protected Material may be affected.

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

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

3 | “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL” or “ATTORNEYS EYES ONLY,’

4 || before a determination by the court from which the subpoena or order issued, unless the

5 || Party has obtained the Designating Party’s permission. The Designating Party shall beat

6 | the burden and expense of seeking protection in that court of its confidential material

7 | and nothing in these provisions should be construed as authorizing or encouraging □

8 || Receiving Party in this Action to disobey a lawful directive from another court.

99. A__NON-PARTY’S PROTECTED MATERIAL SOUGHT TO _ BE

10 PRODUCED IN THIS LITIGATION

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

12 ||Party in this Action and designated as “CONFIDENTIAL,” “HIGHLY

13 | CONFIDENTIAL” or “ATTORNEYS EYES ONLY.” Such information produced by

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

15 || provided by this Order. Nothing in these provisions should be construed as prohibiting a

16 || Non-Party from seeking additional protections.

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

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

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

20 || information, then the Party shall:

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

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

23 || with a Non-Party;

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

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

26 || specific description of the information requested; and

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

28 || Party, if requested.

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

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

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

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

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

6 | with the Non-Party before a determination by the Court. Absent a court order to the

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

8 | Court of its Protected Material.

9/10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

14 || all unauthorized copies of the Protected Material, (c) inform the person or persons tc

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

16 || request such person or persons to execute the “Acknowledgment and Agreement to Be

17 || Bound” that is attached hereto as Exhibit A.

18/11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

19 PROTECTED MATERIAL

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

21 || inadvertently produced material is subject to a claim of privilege or other protection, the

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

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

-24 || may be established in an e-discovery order that provides for production without priot

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

= 26 parties reach an agreement on the effect of disclosure of a communication o1

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

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1 || parties may incorporate their agreement in the stipulated protective order submitted tc

2 | the Court.

MISCELLANEOUS

4 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

5 || person to seek its modification by the Court in the future.

6 12.2 Right to Assert Other Objections. By stipulating to the entry of this

7 || Protective Order, no Party waives any right it otherwise would have to object tc

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

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

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

11 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

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

14 || Protected Material at issue; good cause must be shown in the request to file under seal.

15 || If a Party’s request to file Protected Material under seal is denied by the Court, then the

16 || Receiving Party may file the information in the public record unless otherwise

17 || instructed by the Court.

18/13. FINAL DISPOSITION

19 After the final disposition of this Action, as defined in paragraph 4, within 6C

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

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

22 || subdivision, “all Protected Material’ includes all copies, abstracts, compilations.

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

-24 || Material. Whether the Protected Material is returned or destroyed, the Receiving Party

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

= 26 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by

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

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

1 || compilations, summaries or any other format reproducing or capturing any of the

2 Protected Material. Notwithstanding this provision, counsel are entitled to retain an

3 | archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts.

4 | legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

5 || work product, and consultant and expert work product, even if such materials contain

6 || Protected Material. Any such archival copies that contain or constitute Protected

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

8 | 14. VIOLATION

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

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

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12 ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD

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14 || Dated: December 18, 2020 By: Dy nam & cot

I United Stace Magistrate ludge

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

4 I, [print full name].

5 || of [print full address].

6 | declare under penalty of perjury that I have read in its entirety and understand the

7 || Stipulated Protective Order that was issued by the United States District Court for the

8 || Central District of California in the case of Liaigre, Inc. v. California Furniture

9 | Collection, Inc., et al., No. 8:19-cv-01160-JAK-KES. I agree to comply with and to be

10 || bound by all of the terms of this Stipulated Protective Order and I understand and

11 || acknowledge that failure to so comply could expose me to sanctions and punishment in

12 || the nature of contempt. I solemnly promise that I will not disclose in any manner any

13 || information or item that is subject to this Stipulated Protective Order to any person o1

14 || entity except in strict compliance with 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

17 || Stipulated Protective Order, even if such enforcement proceedings occur aftet

18 | termination of this action.

19 I hereby appoint [print full name]

20 || of [print full address and

21 || telephone number] as my California agent for service of process in connection with this

22 || action or any proceedings related to enforcement of this Stipulated Protective Order.

23

Date:

Z, 25 || City and State where sworn and signed:

26 || Printed name:

27 | Signature:

28