Impo International LLC v. Skechers U.S.A., Inc.

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9 UNITED STATES DISTRICT COURT

10 CENTRAL DISTRICT OF CALIFORNIA

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IMPO INTERNATIONAL LLC, Case No. 2:20-cv-10430-JVS (GJSx)

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13 Plaintiff, STIPULATED PROTECTIVE

ORDER1

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vs.

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SKECHERS U.S.A., INC.,

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DISCOVERY MATTER

17 Defendant.

Hon. Gail J. Standish

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20 1. A. PURPOSES AND LIMITATIONS

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

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proprietary or private information for which special protection from public disclosure

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

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

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following Stipulated Protective Order. The parties acknowledge that this Order does

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not confer blanket protections on all disclosures or responses to discovery and that

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1 the protection it affords from public disclosure and use extends only to the limited

2 information or items that are entitled to confidential treatment under the applicable

3 legal principles.

4 B. GOOD CAUSE STATEMENT

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

6 other valuable research, development, commercial, financial, technical and/or

7 proprietary information for which special protection from public disclosure and from

8 use for any purpose other than prosecution of this action is warranted. Such

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

10 confidential business or financial information, information regarding confidential

11 business practices, or other confidential research, development, or commercial

12 information (including information implicating privacy rights of third parties),

13 information otherwise generally unavailable to the public, or which may be privileged

14 or otherwise protected from disclosure under state or federal statutes, court rules, case

15 decisions, or common law. Accordingly, to expedite the flow of information, to

16 facilitate the prompt resolution of disputes over confidentiality of discovery materials,

17 to adequately protect information the parties are entitled to keep confidential, to

18 ensure that the parties are permitted reasonable necessary uses of such material in

19 preparation for and in the conduct of trial, to address their handling at the end of the

20 litigation, and serve the ends of justice, a protective order for such information is

21 justified in this matter. It is the intent of the parties that information will not be

22 designated as confidential for tactical reasons and that nothing be so designated

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

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

25 case.

26 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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

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

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

3 material under seal.

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

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

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

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

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

9 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good

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

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

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

13 of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY

14 CONFIDENTIAL – ATTORNEYS’ EYES ONLY does not—without the submission

15 of competent evidence by declaration, establishing that the material sought to be filed

16 under seal qualifies as confidential, privileged, or otherwise protectable—constitute

17 good cause.

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

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

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

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

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

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

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

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

26 file documents under seal must be provided by declaration.

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

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

2 the confidential, privileged, or otherwise protectable portions of the document, shall

3 be filed. Any application that seeks to file documents under seal in their entirety

4 should include an explanation of why redaction is not feasible.

5 2. DEFINITIONS

6 2.1 Action: this pending federal lawsuit.

7 2.2 Challenging Party: a Party or Non-Party that challenges the designation

8 of information or items under this Order.

9 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

10 how it is generated, stored or maintained) or tangible things that qualify for protection

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

12 Cause Statement.

13 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

14 Information or Items: extremely sensitive “Confidential Information or Items,”

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

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

17 2.4 Counsel: Outside Counsel of Record as well as their support staff.

18 2.5 Designating Party: a Party or Non-Party that designates information or

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

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

21 ONLY”.

22 2.6 Disclosure or Discovery Material: all items or information, regardless of

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

24 among other things, testimony, transcripts, and tangible things), that are produced or

25 generated in disclosures or responses to discovery in this matter.

26 2.7 Expert: a person with specialized knowledge or experience in a matter

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

1 a current or former employee, owner, manager, partner, officer, or director of any

2 Party.

3 2.8 Non-Party: any natural person, partnership, corporation, association or

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

5 2.9 Outside Counsel of Record: attorneys who are not employees of a party

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

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

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

9 2.10 Party: any party to this Action, including all of its officers, directors,

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

11 support staffs).

12 2.11 Producing Party: a Party or Non-Party that produces Disclosure or

13 Discovery Material in this Action.

14 2.12 Professional Vendors: persons or entities that provide litigation support

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

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

17 and their employees and subcontractors.

18 2.13 Protected Material: any Disclosure or Discovery Material that is

19 designated as “CONFIDENTIAL” OR “HIGHLY CONFIDENTIAL –

20 ATTORNEYS’ EYES ONLY.”

21 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material

22 from a Producing Party.

23 3. SCOPE

24 The protections conferred by this Stipulation and Order cover not only

25 Protected Material (as defined above), but also (1) any information copied or extracted

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

27 Protected Material; and (3) any testimony, conversations, or presentations by Parties

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

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

3 4. DURATION

4 FINAL DISPOSITION of the action is defined as the conclusion of any

5 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal

6 has run. Except as set forth below, the terms of this protective order apply through

7 FINAL DISPOSITION of the action. The parties may stipulate that they will be

8 contractually bound by the terms of this agreement beyond FINAL DISPOSITION,

9 but will have to file a separate action for enforcement of the agreement once all

10 proceedings in this case are complete.

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

12 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

13 as an exhibit at trial becomes public and will be presumptively available to all

14 members of the public, including the press, unless compelling reasons supported by

15 specific factual findings to proceed otherwise are made to the trial judge in advance

16 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

17 showing for sealing documents produced in discovery from “compelling reasons”

18 standard when merits-related documents are part of court record). Accordingly, for

19 such materials, the terms of this protective order do not extend beyond the

20 commencement of the trial.

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

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

2 this 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

5 purpose (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

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 “HIGHLY CONFIDENTIAL – ATTORNEYS’

21 EYES ONLY ” (hereinafter “CONFIDENTIAL legend”), to each page that contains

22 protected material.

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 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting

1 must determine which documents, or portions thereof, qualify for protection under

2 this Order. Then, before producing the specified documents, the Producing Party must

3 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. If

4 only a portion of the material on a page qualifies for protection, the Producing Party

5 also must clearly identify the protected portion(s) (e.g., by making appropriate

6 markings in the margins).

7 (b) Testimony provided during depositions will be treated as “HIGHLY

8 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” for a period of 30 days. By the

9 end of the 30 days, counsel for the testifying witness must identify specific sections

10 of the testimony that should be designated as “CONFIDENTIAL” or “HIGHLY

11 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to this Protective Order.

12 Any exhibits introduced during the deposition as depositions exhibits shall maintain

13 the confidentiality designation on the document.

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

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

16 exterior of the container or containers in which the information is stored the

17 “CONFIDENTIAL legend”. If only a portion or portions of the information warrants

18 protection, the Producing Party, to the extent practicable, shall identify the protected

19 portion(s).

20 5.3 Inadvertent Failures to Designate. If at any point before the trial of this

21 action a Producing Party realizes that it should have designated as

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

23 ONLY” Discovery Material that it previously produced without limitation, the

24 Producing Party may designate such material by apprising all prior recipients in

25 writing. An inadvertent failure to designate qualified information or items does not,

26 standing alone, waive the Designating Party’s right to secure protection under this

27 Order for such material. Upon correction of a designation, the Receiving Party must

1 make reasonable efforts to assure that the material is treated in accordance with the

2 provisions of this Order.

3 6. CHALLENGING CONFIDENTIAL OR HIGHLY CONFIDENTIAL –

4 ATTORNEYS’ EYES ONLY DESIGNATIONS

5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

6 designation of any level of confidentiality at any time that is consistent with the

7 Court’s Scheduling Order.

8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

9 resolution process under Local Rule 37.1 et seq. Any discovery motion must strictly

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

11 6.3 The burden of persuasion in any such challenge proceeding shall be on

12 the Designating Party. Frivolous challenges, and those made for an improper purpose

13 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may

14 expose the Challenging Party to sanctions. Unless the Designating Party has waived

15 or withdrawn the confidentiality designation, all parties shall continue to afford the

16 material in question the level of protection to which it is entitled under the Producing

17 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

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

27 authorized 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 well

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

7 to disclose the information for this Action;

8 (b) the officers, directors, and employees of the Receiving Party to whom

9 disclosure is reasonably necessary for this Action;

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

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

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

13 (d) the court and its personnel;

14 (e) court reporters and their staff;

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

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

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

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

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

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

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

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

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

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

25 agreed by the Designating Party or ordered by the Court. Pages of transcribed

26 deposition testimony or exhibits to depositions that reveal Protected Material may be

27 separately bound by the court reporter and may not be disclosed to anyone except as

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

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

3 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’

4 EYES ONLY” Material. Unless otherwise ordered by the court or permitted in writing

5 by the Designating Party, a Receiving Party may disclose any information or item

6 designated “ATTORNEYS’ EYES ONLY” only to:

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

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

9 to disclose the information for this Action;

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

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

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

13 (c) the court and its personnel;

14 (d) court reporters and their staff;

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

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

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

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

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

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

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

22 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

23 OTHER LITIGATION

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

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

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

27 ONLY”,” that Party must:

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

2 include a copy of the subpoena or court order;

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

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

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

6 this Stipulated Protective Order; and

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

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

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

10 with the subpoena or court order shall not produce any information designated in this

11 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

12 EYES ONLY” before a determination by the court from which the subpoena or order

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

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

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

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

17 directive from another court.

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

19 PRODUCED IN THIS LITIGATION

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

21 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

22 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Such information produced by

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

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

25 a Non-Party from seeking additional protections.

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

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

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

2 confidential information, then the Party shall:

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

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

5 with a Non-Party;

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

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

8 specific description of the information requested; and

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

10 Party, if requested.

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

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

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

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

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

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

17 order to the contrary, the Non-Party shall bear the burden and expense of seeking

18 protection in this court of its Protected Material.

19 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

23 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

24 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

25 persons to whom unauthorized disclosures were made of all the terms of this Order,

26 and (d) request such person or persons to execute the “Acknowledgment and

27 Agreement to Be Bound” that is attached hereto as Exhibit A.

1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2 PROTECTED MATERIAL

3 Should any Party inadvertently produce a document that such party later claims

4 should not have been produced because of privilege, such party may request the return

5 or destruction of any such document within ten (10) business days of discovering that

6 it was inadvertently produced (or inadvertently produced without redacting the

7 privileged content). A request for the return of any document shall identify the

8 document by Bates number or other means sufficient to identify it with particularity,

9 the privilege asserted, the basis for asserting that the specific document (or portions

10 thereof) is subject to the attorney-client privilege, the work-product immunity

11 doctrine, or any other applicable privilege or immunity and the date of discovery that

12 the document was inadvertently produced. If the Producing Party requests the return

13 of any document pursuant to this paragraph, and the Receiving Party does not contest

14 the claim, the Receiving Party to whom the request is made shall within five (5)

15 business days return or destroy all copies of the document within its possession,

16 custody or control, and shall make reasonable effort to obtain the return or destruction

17 of all copies in the possession of experts, consultants or other persons herein to whom

18 the document was provided. In the event that only portions of the document contain

19 privileged subject matter, the Producing Party shall substitute a redacted version of

20 the document at the time of making the request for return or destruction of the

21 inadvertently produced document. In the event the Receiving Party contests the claim

22 of privilege, the Parties shall meet and confer. Absent resolution, the Producing Party

23 shall file a motion within ten (10) business days after the meet and confer to obtain a

24 Court determination as to whether or not the document is privileged. If the Receiving

25 Party contests the claim of privilege, the document shall be treated as privileged by

26 the Receiving Party and all other persons to whom the document was provided until

27 such time as there is a final Court order on the motion claiming the privilege. This

1 Order shall be interpreted to provide the maximum protection allowed by Federal

2 Rule of Evidence 502(d).

3 12. 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 to

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 Local Civil 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. If a Party’s request to file Protected Material under seal is

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

16 record unless otherwise instructed by the court.

17 13. FINAL DISPOSITION

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

19 60 days of a written request by the Designating Party, each Receiving Party must

20 return all Protected Material to the Producing Party or destroy such material. As used

21 in this subdivision, “all Protected Material” includes all copies, abstracts,

22 compilations, summaries, and any other format reproducing or capturing any of the

23 Protected Material. Whether the Protected Material is returned or destroyed, the

24 Receiving Party must submit a written certification to the Producing Party (and, if not

25 the same person or entity, to the Designating Party) by the 60 day deadline that (1)

26 identifies (by category, where appropriate) all the Protected Material that was returned

27 or destroyed and (2) affirms that the Receiving Party has not retained any copies,

1 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to

2 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

3 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

4 || reports, attorney work product, and consultant and expert work product, even if such

5 || materials contain Protected Material. Any such archival copies that contain or

6 || constitute Protected Material remain subject to this Protective Order as set forth in

7 || Section 4 (DURATION).

8 14. VIOLATION

9 || Any violation of this Order may be punished by appropriate measures including,

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

11 || SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: April 1, 2021 Respectfully submitted,

13 LEWIS ROCA ROTHGERBER

14 CHRISTIE LLP

By _/s/Drew Wilson

15 Drew Wilson

16 Attorneys for Plaintiff

IMPO INTERNATIONAL LLC

17 || Dated: April 1, 2021 DINSMORE & SHOHL LLP

18 By _ /s/Joseph_ S. Leventhal

Joseph S. Leventhal

19 Attorneys for Defendant

0 SKECHERS U.S.A, INC.

Pursuant to L.R. 5-4.3.4(2)(1) all other signatories listed, and on whose behalf the

21 |! filing is submitted, concur in the filing’s content and have authorized the filing.

22 /s/ Drew Wilson

93 || Drew Wilson

94 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

95 || DATED: April 5, 2021

27 Hon. Gail J. Standish

2g || United States Magistrate Judge

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of

4 ___________________________________________________________________[

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

8 case of Impo International, LLC v. Skechers U.S.A., Inc..; Case No. 2:20-cv-10430

9 JVS (GJSx).

10 I agree to comply with and to be bound by all the terms of this Stipulated

11 Protective Order and I understand and acknowledge that failure to so comply could

12 expose me to sanctions and punishment in the nature of contempt. I solemnly promise

13 that I will not disclose in any manner any information or item that is subject to this

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

15 the provisions of this Order.

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

17 for the Central District of California for enforcing the terms of this Stipulated

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

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

20 ___________________________________ [print or type full address and telephone

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

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

23 Date: ______________________________________

24 City and State where sworn and signed: _________________________________

25 Printed name: _______________________________

26 Signature: __________________________________

27