distinguishing “good cause” showing for 25 sealing documents produced in discovery from “compelling reasons” standard when 26 merits-related documents are part of court record
How later courts described this case
- distinguishing “good cause” showing for 25 sealing documents produced in discovery from “compelling reasons” standard when 26 merits-related documents are part of court record
- even stipulated protective orders require good 18 cause showing
Written by the judges who cited it.
The opinion
1 NMOADTE E: TCOH ATNHIGSE DSO HCAUVMEE BNETEN
2
See p. 3, line 9.
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8
UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
10
TONGFANG GLOBAL LIMITED, et al, Case No: 2:20-CV-00876-FLA-AFM
11
Plaintiffs, STIPULATED PROTECTIVE
12 ORDER1
vs.
13
ELEMENT TELEVISION COMPANY,
14 LLC, et. al,
15 Defendants.
16 ELEMENT TELEVISION COMPANY, Complaint filed: 01/28/2020
LLC, et. al, FAC filed: 03/03/2020
17 Discovery Cut-Off: 06/14/2021
Counterclaimants, Trial date: 08/31/ 2021
18 Pretrial Conference: 08/13/2021
vs.
19
TONGFANG GLOBAL LIMITED, et. al,
20
Counterclaim Defendants.
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25
26
27
1 This Stipulated Protective Order is based substantially on the model protective order provided
28
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
6 following Stipulated Protective Order. The parties acknowledge that this Order does
7 not confer blanket protections on all disclosures or responses to discovery and that the
8 protection it affords from public disclosure and use extends only to the limited
9 information or items that are entitled to confidential treatment under the applicable
10 legal principles.
11 B. GOOD CAUSE STATEMENT
12 This action is likely to involve trade secrets, customer, supplier, vendor and
13 pricing lists, customer agreements and negotiations, and other valuable commercial,
14 financial, and/or proprietary information for which special protection from public
15 disclosure and from use for any purpose other than prosecution of this action is
16 warranted. Such confidential and proprietary materials and information consist of,
17 among other things, confidential business or financial information, information
18 regarding confidential business practices, or other commercial information (including
19 information implicating privacy rights of third parties), information otherwise
20 generally unavailable to the public, or which may be privileged or otherwise protected
21 from disclosure under state or federal statutes, court rules, case decisions, or common
22 law. Accordingly, to expedite the flow of information, to facilitate the prompt
23 resolution of disputes over confidentiality of discovery materials, to adequately protect
24 information the parties are entitled to keep confidential, to ensure that the parties are
25 permitted reasonable necessary uses of such material in preparation for and in the
26 conduct of trial, to address their handling at the end of the litigation, and to serve the
27 ends of justice, a protective order for such information is justified in this matter. It is
1 the intent of the parties that information will not be designated as confidential for
2 tactical reasons and that nothing be so designated without a good faith belief that it has
3 been maintained in a confidential, non-public manner, and there is good cause why it
4 should not be part of the public record of this case.
5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
6 SEAL
7 The parties further acknowledge, as set forth in Section 12.3, below, that this
8 Stipulated Protective Order does not entitle them to file confidential information under
9 seal; Local Civil Rule 79-5 and the Honorable Judge John F. Walter’s Standing Order
10 sets forth the procedures that must be followed and the standards that will be applied
11 when a party seeks permission from the court to file material under seal.
12 There is a strong presumption that the public has a right of access to judicial
13 proceedings and records in civil cases. In connection with non-dispositive motions,
14 good cause must be shown to support a filing under seal. See Kamakana v. City and
15 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
16 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,
17 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
18 cause showing). A specific showing of good cause or compelling reasons with proper
19 evidentiary support and legal justification must be made with respect to Protected
20 Material that a party seeks to file under seal. The parties’ mere designation of
21 Disclosure or Discovery Material as Protected Material does not—without the
22 submission of competent evidence by declaration establishing that the material sought
23 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—
24 constitute good cause.
25 Further, if a party requests sealing related to a dispositive motion or trial, then
26 compelling reasons, not only good cause, for the sealing must be shown, and the relief
27 sought shall be narrowly tailored to serve the specific interest to be protected. See
1 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item
2 or type of information, document, or thing sought to be filed or introduced under seal
3 in connection with a dispositive motion or trial, the party seeking protection must
4 articulate compelling reasons, supported by specific facts and legal justification, for
5 the requested sealing order. Again, competent evidence supporting the application to
6 file documents under seal must be provided by declaration.
7 Any document that is not confidential, privileged, or otherwise protectable in its
8 entirety will not be filed under seal if the confidential portions can be redacted. If
9 documents can be redacted, then a redacted version for public viewing, omitting only
10 the confidential, privileged, or otherwise protectable portions of the document, shall
11 be filed. Any application that seeks to file documents under seal in their entirety
12 should include an explanation of why redaction is not feasible.
13 2. DEFINITIONS
14 2.1 Action: the above-captioned pending federal lawsuit.
15 2.2 Challenging Party: a Party or Non-Party that challenges the designation
16 of information or items under this Order.
17 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
18 how it is generated, stored, or maintained) or tangible things that qualify for protection
19 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
20 Cause Statement.
21 2.3 “CONFIDENTIAL—OUTSIDE COUNSEL ONLY” Information or
22 Items: information (regardless of how it is generated, stored, or maintained) or
23 tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c),
24 and as specified above in the Good Cause Statement, and the disclosure of which is
25 reasonably likely to cause material competitive injury to the Producing Party.
26 2.4 Counsel: Outside Counsel retained in connection with this Action and
27 House Counsel (as well as their support staff).
1 2.5 Designating Party: a Party or Non-Party that designates information or
2 items that it produces in disclosures or in responses to discovery as
3 “CONFIDENTIAL” or “CONFIDENTIAL—OUTSIDE COUNSEL ONLY.”
4 2.6 Disclosure or Discovery Material: all items or information, regardless of
5 the medium or manner in which it is generated, stored, or maintained (including,
6 among other things, testimony, transcripts, and tangible things), that are produced or
7 generated in disclosures or responses to discovery in this matter.
8 2.7 Expert: a person with specialized knowledge or experience in a matter
9 pertinent to the litigation who has been retained by a Party or its counsel to serve as
10 an expert witness or as a consultant in this Action.
11 2.8 House Counsel: attorneys who are employees of a party to this Action.
12 House Counsel does not include Outside Counsel of Record or any other outside
13 counsel.
14 2.9 Non-Party: any natural person, partnership, corporation, association or
15 other legal entity not named as a Party to this action.
16 2.10 Outside Counsel: attorneys who are not employees of a party to this
17 Action but are retained to represent or advise a party to this Action on behalf of that
18 party.
19 2.11 Outside Counsel of Record: attorneys who are not employees of a party
20 to this Action but are retained to represent or advise a party to this Action and have
21 appeared in this Action on behalf of that party or are affiliated with a law firm that
22 has appeared on behalf of that party, and includes support staff.
23 2.12 Party: any party to this Action, including all of its officers, directors,
24 employees, consultants, retained experts, and Outside Counsel of Record (and their
25 support staffs).
26 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
27 Discovery Material in this Action.
1 2.14 Professional Vendors: persons or entities that provide litigation support
2 services (e.g., photocopying, videotaping, translating, preparing exhibits or
3 demonstrations, and organizing, storing, or retrieving data in any form or medium)
4 and their employees and subcontractors.
5 2.15 Protected Material: any Disclosure or Discovery Material that is
6 designated as “CONFIDENTIAL” or “CONFIDENTIAL—OUTSIDE COUNSEL
7 ONLY.”
8 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
9 from a Producing Party.
10 3. SCOPE
11 The protections conferred by this Stipulation and Order cover not only
12 Protected Material (as defined above), but also (1) any information copied or extracted
13 from Protected Material; (2) all copies, excerpts, summaries, or compilations of
14 Protected Material; and (3) any testimony, conversations, or presentations by Parties
15 or their Counsel that might reveal Protected Material.
16 Any use of Protected Material at trial shall be governed by the orders of the trial
17 judge. This Order does not govern the use of Protected Material at trial.
18 4. DURATION
19 Once a case proceeds to trial, information that was designated as Protected
20 Material or maintained pursuant to this protective order used or introduced as an
21 exhibit at trial becomes public and will be presumptively available to all members of
22 the public, including the press, unless compelling reasons supported by specific
23 factual findings to proceed otherwise are made to the trial judge in advance of the
24 trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for
25 sealing documents produced in discovery from “compelling reasons” standard when
26 merits-related documents are part of court record). However, information designated
27 as Protected Material or maintained pursuant to this protective order that is not used or
1 introduced as an exhibit at trial will remain subject to the terms of this protective order
2 after the commencement of the trial.
3 5. DESIGNATING PROTECTED MATERIAL
4 5.1 Exercise of Restraint and Care in Designating Material for Protection.
5 Each Party or Non-Party that designates information or items for protection under this
6 Order must take care to limit any such designation to specific material that qualifies
7 under the appropriate standards.
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
12 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
14 under this Order must be clearly so designated before the material is disclosed or
15 produced.
16 Designation in conformity with this Order requires:
17 (a) for information in documentary form (e.g., paper or electronic
18 documents, but excluding transcripts of depositions or other pretrial or trial
19 proceedings), that the Producing Party affix at a minimum, the legend
20 “CONFIDENTIAL” or “CONFIDENTIAL—OUTSIDE COUNSEL ONLY,” as
21 applicable (such a legend, regardless of the level of confidentiality, is referred to
22 hereinafter as a “CONFIDENTIAL legend”), to each page that contains protected
23 material. For information in electronic form that cannot have a legend affixed to each
24 page (e.g., excel files or other data files), the Producing Party will produce materials
25 in a manner consistent with the agreed upon Electronic Discovery Protocol for the
26 Actions.
27
1 A Party or Non-Party that makes original documents available for inspection
2 need not designate them for protection until after the inspecting Party has indicated
3 which documents it would like copied and produced. During the inspection and
4 before the designation, all of the material made available for inspection shall be
5 deemed “CONFIDENTIAL—OUTSIDE COUNSEL ONLY.” After the inspecting
6 Party has identified the documents it wants copied and produced, the Producing Party
7 must determine which documents qualify for protection under this Order. Then,
8 before producing the specified documents, the Producing Party must affix the
9 appropriate “CONFIDENTIAL legend” to each page that will be produced.
10 Documents inspected by a Party that are not identified by such Party for copying and
11 production shall remain deemed “CONFIDENTIAL—OUTSIDE COUNSEL
12 ONLY.”
13 (b) for testimony given in depositions, the Designating Party may
14 designate testimony as “CONFIDENTIAL” or “CONFIDENTIAL—OUTSIDE
15 COUNSEL ONLY” by making a statement on the record before the end of the day on
16 which the deposition is concluded or by a statement in writing sent to Counsel for all
17 other Parties within fifteen days of receipt of the deposition transcript. During the
18 first fifteen days after a deposition transcript is delivered to Counsel, the entire
19 transcript shall be treated as “CONFIDENTIAL—OUTSIDE COUNSEL ONLY.”
20 (c) for information produced in some form other than documentary
21 and for any other tangible items, that the Producing Party affix in a prominent place
22 on the exterior of the container or containers in which the information is stored the
23 legend “CONFIDENTIAL” or “CONFIDENTIAL—OUTSIDE COUNSEL ONLY,”
24 as appropriate.
25 5.3 Inadvertent Failures to Designate. An inadvertent failure to designate
26 qualified information or items does not, standing alone, waive the Designating
27 Party’s right to secure protection under this Order for such material. Upon correction
1 of a designation, the Receiving Party must make reasonable efforts to assure that the
2 material is treated in accordance with the provisions of this Order.
3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
5 designation of confidentiality at any time that is consistent with the Court’s
6 Scheduling Order.
7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
8 resolution process under Local Rule 37-1 et seq.
9 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
10 joint stipulation pursuant to Local Rule 37-2.
11 6.4 The burden of persuasion in any such challenge proceeding shall be on
12 the Designating Party. Frivolous challenges, and those made for an improper
13 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
14 parties) may expose the Challenging Party to sanctions. Unless the Designating Party
15 has waived or withdrawn the confidentiality designation, all parties shall continue to
16 afford the material in question the level of protection to which it is entitled under the
17 Producing Party’s designation until the Court rules on the challenge.
18 7. ACCESS TO AND USE OF PROTECTED MATERIAL
19 7.1 Basic Principles. A Receiving Party may use Protected Material that is
20 disclosed or produced by another Party or by a Non-Party in connection with this
21 Action only for prosecuting, defending, or attempting to settle this Action. Such
22 Protected Material may be disclosed only to the categories of persons and under the
23 conditions described in this Order. When the Action has been terminated, a Receiving
24 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
25 Protected Material must be stored and maintained by a Receiving Party at a location
26 and in a secure manner that ensures that access is limited to the persons authorized
27 under this Order.
1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
2 otherwise ordered by the court or permitted in writing by the Designating Party, a
3 Receiving Party may disclose any information or item designated
4 “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 is reasonably
7 necessary to disclose the information for this Action;
8 (b) the Receiving Party’s Outside Counsel who are not Outside
9 Counsel of Record to whom disclosure is reasonably necessary for this Action and
10 who have signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A);
11 (c) the Receiving Party (if the Receiving Party is an individual), the
12 officers, directors, and employees (including House Counsel) of the Receiving Party
13 to whom disclosure is reasonably necessary for this Action (if the Receiving Party is
14 an entity);
15 (d) Experts (as defined in this Order) of the Receiving Party to whom
16 disclosure is reasonably necessary for this Action and who have signed the
17 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (e) the court and its personnel;
19 (f) court reporters and their staff;
20 (g) professional jury or trial consultants, mock jurors, and Professional
21 Vendors to whom disclosure is reasonably necessary for this Action and who have
22 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (h) the author or recipient of a document containing the information or
24 a custodian or other person who otherwise possessed or knew the information;
25 (i) during their depositions, witnesses, and attorneys for witnesses, in
26 the Action to whom disclosure is reasonably necessary provided: (1) the deposing
27 party requests that the witness sign the form attached as Exhibit A hereto; and (2) they
1 will not be permitted to keep any confidential information unless they sign the
2 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
3 by the Designating Party or ordered by the court. Pages of transcribed deposition
4 testimony or exhibits to depositions that reveal Protected Material may be separately
5 bound by the court reporter and may not be disclosed to anyone except as permitted
6 under this Stipulated Protective Order; and
7 (j) any mediator or settlement officer, and their supporting personnel,
8 mutually agreed upon by any of the parties engaged in settlement discussions.
9 7.3 Disclosure of “CONFIDENTIAL—OUTSIDE COUNSEL
10 ONLY” Information or Items. Unless otherwise ordered by the court or permitted
11 in writing by the Designating Party, a Receiving Party may disclose any information
12 or item designated “CONFIDENTIAL—OUTSIDE COUNSEL ONLY” only to the
13 persons listed in sections 7.2(a)-(b) and (d)-(j). That is, information and items
14 designated “CONFIDENTIAL—OUTSIDE COUNSEL ONLY” may not be
15 disclosed to the Receiving Party, to the officers, directors, or employees of the
16 Receiving Party, or to House Counsel.
17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
18 OTHER LITIGATION
19 If a Party is served with a subpoena or a court order issued in other litigation
20 that compels disclosure of any information or items designated in this Action as
21 Protected Material, that Party must:
22 (a) promptly notify in writing the Designating Party. Such notification
23 shall include a copy of the subpoena or court order;
24 (b) promptly notify in writing the party who caused the subpoena or
25 order to issue in the other litigation that some or all of the material covered by the
26 subpoena or order is subject to this Protective Order. Such notification shall include a
27 copy of this Stipulated Protective Order; and
1 (c) cooperate with respect to all reasonable procedures sought to be
2 pursued by the Designating Party whose Protected Material may be affected.
3 If the Designating Party timely seeks a protective order, the Party served with
4 the subpoena or court order shall not produce any information designated in this
5 action as Protected Material before a determination by the court from which the
6 subpoena or order issued, unless the Party has obtained the Designating Party’s
7 permission. The Designating Party shall bear the burden and expense of seeking
8 protection in that court of its confidential material and nothing in these provisions
9 should be construed as authorizing or encouraging a Receiving Party in this Action to
10 disobey a lawful directive from another court.
11 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
12 IN THIS LITIGATION
13 (a) The terms of this Order are applicable to information produced by a Non-
14 Party in this Action and designated as Protected Material. Such information produced
15 by Non-Parties in connection with this litigation is protected by the remedies and
16 relief provided by this Order. Nothing in these provisions should be construed as
17 prohibiting a Non-Party from seeking additional protections.
18 (b) In the event that a Party is required, by a valid discovery request, to
19 produce a Non-Party’s confidential information in its possession, and the Party is
20 subject to an agreement with the Non-Party not to produce the Non-Party’s
21 confidential information, then the Party shall:
22 (1) promptly notify in writing the Requesting Party and the Non-Party
23 that some or all of the information requested is subject to a confidentiality agreement
24 with a Non-Party;
25 (2) promptly provide the Non-Party with a copy of the Stipulated
26 Protective Order in this Action, the relevant discovery request(s), and a reasonably
27 specific description of the information requested; and
1 (3) make the information requested available for inspection by the
2 Non-Party, if requested.
3 (c) If the Non-Party fails to seek a protective order from this court within 14
4 days of receiving the notice and accompanying information, the Receiving Party may
5 produce the Non-Party’s confidential information responsive to the discovery request.
6 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
7 any information in its possession or control that is subject to the confidentiality
8 agreement with the Non-Party before a determination by the court. Absent a court
9 order to the contrary, the Non-Party shall bear the burden and expense of seeking
10 protection in this court of its Protected Material.
11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
13 Protected Material to any person or in any circumstance not authorized under this
14 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
15 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
16 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
17 persons to whom unauthorized disclosures were made of all the terms of this Order,
18 and (d) request such person or persons to execute the “Acknowledgment and
19 Agreement to Be Bound” that is attached hereto as Exhibit A.
20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
21 PROTECTED MATERIAL
22 When a Producing Party gives notice to Receiving Parties that certain
23 inadvertently produced material is subject to a claim of privilege or other protection,
24 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
25 Procedure 26(b)(5)(B). The inadvertent, unintentional, or in camera disclosure of
26 documents or information protected by the attorney-client privilege, the work
27 product doctrine, or any other applicable privilege will not be deemed a waiver in
1 whole or in part of a claim of privilege or other applicable protection from
2 discovery, either as to the specific documents or information inadvertently disclosed
3 or as to other documents or information relating to the same or similar subject
4 matters. A Party or Non-Party who discovers that any Party or Non-Party has
5 potentially inadvertently disclosed information that may be subject to a claim of
6 privilege or other protection must immediately notify all other Parties (and the Non-
7 Party who disclosed the document or information, if applicable) in writing, and all
8 Parties and Non-Parties who received the documents or information in question must
9 immediately destroy them or return them to the Producing Party. If any Party
10 disputes the applicability of the claimed privilege or other protection, that Party must
11 promptly bring a motion seeking resolution of the issue and may not use or
12 otherwise disclose the documents or information at issue until the Court has issued a
13 ruling resolving the issue.
14 12. MISCELLANEOUS
15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
16 person to seek its modification by the Court in the future.
17 12.2 Right to Assert Other Objections. By stipulating to the entry of this
18 Protective Order, no Party waives any right it otherwise would have to object to
19 disclosing or producing any information or item on any ground not addressed in this
20 Stipulated Protective Order. Similarly, no Party waives any right to object on any
21 ground to use in evidence of any of the material covered by this Protective Order.
22 12.3 Filing Protected Material. A Party that seeks to file under seal any
23 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
24 only be filed under seal pursuant to a court order authorizing the sealing of the
25 specific Protected Material at issue. If a Party’s request to file Protected Material
26 under seal is denied by the court, then the Receiving Party may file the information in
27 the public record unless otherwise instructed by the court.
1 13. FINAL DISPOSITION
2 After the final disposition of this Action, as defined in paragraph 4, within 60
3 days of a written request by the Designating Party, each Receiving Party must return
4 all Protected Material to the Producing Party or destroy such material. As used in this
5 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
6 summaries, and any other format reproducing or capturing any of the Protected
7 Material. Whether the Protected Material is returned or destroyed, the Receiving
8 Party must submit a written certification to the Producing Party (and, if not the same
9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
10 (by category, where appropriate) all the Protected Material that was returned or
11 destroyed and (2) affirms that the Receiving Party has not retained any copies,
12 abstracts, compilations, summaries or any other format reproducing or capturing any
13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
16 reports, attorney work product, and consultant and expert work product, even if such
17 materials contain Protected Material. Any such archival copies that contain or
18 constitute Protected Material remain subject to this Protective Order as set forth in
19 Section 4 (DURATION).
20 14. VIOLATION
21 Any violation of this Order may be punished by appropriate measures
22 including, without limitation, contempt proceedings and/or monetary sanctions.
23 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
24
25
26
27
Dated: February 23, 2021 ORRICK, HERRINGTON &
1
SUTCLIFFE LLP
2
3
By: ___/s/ David P. Fuad _
4 William A. Molinski (SBN 145186)
wmolinski@orrick.com
5
David P. Fuad (SBN 265193)
6 dfaud@orrick.com
Emily Rae (SBN 308010)
7
emily.rae@orrick.com
8 777 South Figueroa Street, Suite 3200
9 Los Angeles, CA 90017
Telephone: (213) 629-2020
10 Facsimile: (213) 612-2499
11
Attorneys for Plaintiffs
12 and Counter-Defendants
13
14 Dated: February 23, 2021 ANTHONY OSTLUND
15 BAER & LOUWAGIE P.A.
16 By: ___Steven M. Pincus___
17 Joseph W. Anthony (#2872)
janthony@anthyonyostlund.com
18 Steven M. Pincus (#171414)
19 spincus@anthonyostlund.com
Joseph R. Richie (#400615)
20 jrichie@anthonyostlund.com
21 3600 Wells Fargo Center
90 South 7th Street
22
Minneapolis, MN 55402
23 Telephone: (612) 349-6969
Facsimile: (612) 349-6996
24
25
26
27
1 FOX ROTHSCHILD LLP
2 John Shaeffer (SBN 138331)
3 jshaeffer@foxrothschild.com
Jeff Grant (SBN 218974)
4 jgrant@foxrothschild.com
5 10250 Constellation Blvd., Suite 900
Los Angeles, CA 90067
6 Telephone: (310) 598-4150
7
Attorneys for Defendants
8 and Counterclaimants
9
0 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
1]
DATED: __ 2/24/2021
12 .
C@2¢ Mock —
14] HON. ALEXANDER F. MacKINNON
15 United States Magistrate Judge
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17
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
6 have read in its entirety and understand the Stipulated Protective Order that was issued
7 by the United States District Court for the Central District of California on [date] in
8 the case of Tongfang Global Ltd. v. Element Television Company, LLC, Case No.
9 2:20-CV-00876-FLA-AFWx. I agree to comply with and to be bound by all the terms
10 of this Stipulated Protective Order and I understand and acknowledge that failure to so
11 comply could expose me to sanctions and punishment in the nature of contempt. I
12 solemnly promise that I will not disclose in any manner any information or item that is
13 subject to this Stipulated Protective Order to any person or entity except in strict
14 compliance with the provisions of this Order. I further agree to submit to the
15 jurisdiction of the United States District Court for the Central District of California for
16 enforcing the terms of this Stipulated Protective Order, even if such enforcement
17 proceedings occur after termination of this action. I hereby appoint
18 [print or type full name] of
19 [print or type full address and telephone number] as my California agent for service of
20 process in connection with this action or any proceedings related to enforcement of
21 this Stipulated Protective Order.
22
Dated:
23
City and State where sworn and signed:
24
25
26 Printed name:
27
Signature:
28