Klauber Brothers, Inc. v. Urban Outfitters, Inc.

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9 UNITED STATES DISTRICT COURT

10 CENTRAL DISTRICT OF CALIFORNIA

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12 KLAUBER BROTHERS, INC. Case No. 2:20-cv-07430-AB-AFM

13 Plaintiff,

14 v. STIPULATED PROTECTIVE

15 ORDER1

16 URBAN OUTFITTERS, INC.; et al.,

17 Defendants.

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19 1. A. PURPOSES AND LIMITATIONS

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

21 proprietary or private information for which special protection from public disclosure

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

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

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

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

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1 This Stipulated Protective Order is based substantially on the model protective order

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

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

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B. GOOD CAUSE STATEMENT

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

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valuable research, development, commercial, financial, technical and/or proprietary

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information for which special protection from public disclosure and from use for any

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purpose other than prosecution of this action is warranted. Such confidential and

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proprietary materials and information consist of, among other things:

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(a) Information that is the subject of a non-disclosure or confidentiality

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agreement or obligation;

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(b) The names, or other information tending to reveal the identity of a

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party’s supplier, designer, distributor, or customer;

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(c) Agreements with third-parties, including license agreements,

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distributor agreements, manufacturing agreements, design agreements, development

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agreements, supply agreements, sales agreements, or service agreements;

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(d) Research and development information;

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(e) Proprietary engineering or technical information, including product

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design, manufacturing techniques, processing information, drawings, memoranda and

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reports;

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(f) Information related to budgets, sales, profits, costs, margins,

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licensing of technology or designs, product pricing, or other internal

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financial/accounting information, including non-public information related to financial

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condition or performance and income or other non-public tax information;

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(g) Information related to internal operations including personnel

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information;

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(h) Information related to past, current and future product

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development;

1 (i) Information related to past, current and future market analyses and

2 business and marketing development, including plans, strategies, forecasts and

3 competition; and

4 (j) Trade secrets (as defined by the jurisdiction in which the

5 information is located).

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

7 resolution of disputes over confidentiality of discovery materials, to adequately protect

8 information the parties are entitled to keep confidential, to ensure that the parties are

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

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

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

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

13 reasons and that nothing be so designated without a good faith belief that it has been

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

15 not be part of the public record of this case.

16 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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

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

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

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

21 material under seal.

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

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

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

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

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

27 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good

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

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

3 of Disclosure or Discovery Material as CONFIDENTIAL does not— without the

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

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

6 constitute good cause.

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

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

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

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

11 or type of information, document, or thing sought to be filed or introduced nder seal in

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

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

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

15 file documents under seal must be provided by declaration.

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

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

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

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

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

21 include an explanation of why redaction is not feasible.

22 2. DEFINITIONS

23 2.1 Action: this pending federal law suit.

24 2.2 Challenging Party: a Party or Non-Party that challenges the

25 designation of information or items under this Order.

26 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

1 Good Cause Statement.

2 2.4 “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY”

3 Information or Items: information (regardless of how it is generated, stored or

4 maintained) or tangible things the disclosure of which might cause competitive harm

5 to the Designating Party. Information and material that may be subject to this

6 protection includes, but is not limited to, technical and/or research and development

7 data, intellectual property, financial, marketing and other sales data, and/or information

8 having strategic commercial value pertaining to the Designating Party’s trade or

9 business.

10 2.5 Designating Party: a Party or Non-Party that designates information or

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

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

13 ONLY.”

14 2.6 Disclosure or Discovery Material: all items or information, regardless of

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

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

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

18 2.7 Expert: a person with specialized knowledge or experience in a matter

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

20 an expert witness or as a consultant in this Action.

21 2.8 House Counsel: attorneys who are employees of a party to this Action.

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

23 counsel.

24 2.9 Non-Party: any natural person, partnership, corporation, association, or

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

26 2.10 Outside Counsel of Record: attorneys who are not employees of a party

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

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

2 2.11 Party: any party to this Action, including all of its officers, directors,

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

4 support staffs).

5 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

6 Discovery Material in this Action.

7 2.13 Professional Vendors: persons or entities that provide litigation support

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

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

10 and their employees and subcontractors.

11 2.14 Protected Material: any Disclosure or Discovery Material that is

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

13 EYES ONLY.”

14 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

15 from a Producing Party.

16 3. SCOPE

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

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

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

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

21 Counsel that might reveal Protected Material.

22 Nothing in this order shall prevent or otherwise restrict counsel from rendering

23 advice to their clients regarding this Action and, in the course thereof, relying generally

24 on examination of Protected Material; provided, however, that in rendering such advice

25 and otherwise communicating with such client, counsel shall not make specific

26 disclosure of any Protected Material.

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

1 4. DURATION

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

3 CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY or

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

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

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

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

8 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing documents

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

10 documents are part of court record). Accordingly, the terms of this protective order do

11 not extend beyond the commencement of the trial.

12 5. DESIGNATING PROTECTED MATERIAL

13 5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

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

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

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

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

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

20 Order.

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

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

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

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

25 Party to sanctions.

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

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

1 5.2 Manner and Timing of Designations. Except as otherwise provided in

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

3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

4 under this Order must be clearly so designated before the material is disclosed or

5 produced.

6 Designation in conformity with this Order requires:

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

8 documents, but excluding transcripts of depositions or other pretrial or trial

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

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

11 ONLY” (hereinafter “CONFIDENTIALITY legend”), to each page that contains

12 protected material. If only a portion or portions of the material on a page qualifies for

13 protection, the Producing Party also must clearly identify the protected portion(s)

14 (e.g., by making appropriate markings in the margins).

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

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

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

18 before the designation, all of the material made available for inspection shall be

19 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents

20 it wants copied and produced, the Producing Party must determine which documents,

21 or portions thereof, qualify for protection under this Order. Then, before producing

22 the specified documents, the Producing Party must affix the “CONFIDENTIALITY

23 legend” to each page that contains Protected Material. If only a portion or portions of

24 the material on a page qualifies for protection, the Producing Party also must clearly

25 identify the protected portion(s) (e.g., by making appropriate markings in the

26 margins).

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

1 deposition all protected testimony.

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

3 and for any other tangible items, that the Producing Party affix in a prominent place

4 on the exterior of the container or containers in which the information is stored the

5 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

6 ONLY.” If only a portion or portions of the information warrants protection, the

7 Producing Party, to the extent practicable, shall identify the protected portion(s).

8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

11 Upon timely correction of a designation, the Receiving Party must make reasonable

12 efforts to assure that the material is treated in accordance with the provisions of this

13 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

17 Scheduling Order.

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

19 resolution process under Local Rule 37.1 et seq.

20 6.3 The burden of persuasion in any such challenge proceeding shall be on

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

22 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

23 parties) may expose the Challenging Party to sanctions. Unless the Designating

24 Party has waived or withdrawn the confidentiality designation, all parties shall

25 continue to afford the material in question the level of protection to which it is

26 entitled under the Producing Party’s designation until the Court rules on the

27 challenge.

1 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

5 conditions described in this Order. When the Action has been terminated, a

6 Receiving Party must comply with the provisions of section 13 below (FINAL

7 DISPOSITION).

8 7.2 Protected Material must be stored and maintained by a Receiving Party

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

10 authorized under this Order.

11 7.2.1 Disclosure of “HIGHLY CONFIDENTIAL - ATTORNEYS’

12 EYES ONLY” Information or Items. Unless otherwise ordered by the court or

13 permitted in writing by the Designating Party, a Receiving Party may disclose any

14 information or item designated “HIGHLY CONFIDENTIAL - ATTORNEYS’

15 EYES ONLY” only to:

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

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

18 disclose the information for this Action;

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

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

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

22 (c) the court and its personnel;

23 (d) court reporters and their staff;

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

25 Professional Vendors to whom disclosure is reasonably necessary for this Action and

26 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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

1 (g) during their depositions, witnesses, and attorneys for witnesses, in

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

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

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

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

6 agreed by the Designating Party or ordered by the court. Pages of transcribed

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

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

9 permitted under this Stipulated Protective Order; and

10 (h) any mediator or settlement officer, and their supporting personnel,

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

12 7.2.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

13 otherwise ordered by the court or permitted in writing by the Designating Party, a

14 Receiving Party may disclose any information or item designated

15 “CONFIDENTIAL” only to:

16 (a) persons permitted to receive information or item designated

17 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY;” and

18 (b) the officers, directors, and employees (including House

19 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this

20 Action.

21 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

22 OTHER LITIGATION

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

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

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

26 ONLY,” that Party must:

27 (a) promptly notify in writing the Designating Party. Such

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

2 order to issue in the other litigation that some or all of the material covered by the

3 subpoena or order is subject to this Protective Order. Such notification shall include a

4 copy of this Stipulated Protective Order; and

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

6 pursued by the Designating Party whose Protected Material may be affected.

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

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

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

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

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

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

13 court of its confidential material and nothing in these provisions should be construed

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

15 directive from another court.

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

17 PRODUCED IN THIS LITIGATION

18 (a) The terms of this Order are applicable to information produced by a

19 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

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

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

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

23 prohibiting a Non-Party from seeking additional protections.

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

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

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

27 confidential information, then the Party shall:

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

2 with a Non-Party;

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

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

5 specific description of the information requested; and

6 (3) make the information requested available for inspection by the

7 Non-Party, if requested.

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

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

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

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

12 produce any information in its possession or control that is subject to the

13 confidentiality agreement with the Non-Party before a determination by the court.

14 Absent a court order to the contrary, the Non-Party shall bear the burden and expense

15 of seeking protection in this court of its Protected Material.

16 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

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

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

25 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

26 PROTECTED MATERIAL

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

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

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

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

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

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

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

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

8 the court.

9 12. MISCELLANEOUS

10 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

12 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

17 12.3 Use of Designated Materials by Designating Party. Nothing in this

18 Protective Order shall limit a Designating Party’s use of its own information or

19 materials, or prevent a Designating Party from disclosing its own information or

20 materials to any person. Such disclosure shall not affect any designations made

21 pursuant to the terms of this Protective Order, so long as the disclosure is made in a

22 manner that is reasonably calculated to maintain the confidentiality of the

23 information.

24 12.4 Filing Protected Material. A Party that seeks to file under seal any

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

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

27 specific Protected Material at issue. If a Party's request to file Protected Material

1 the public record unless otherwise instructed by the court.

2 13. FINAL DISPOSITION

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

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

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

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

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

8 Material. Whether the Protected Material is returned or destroyed, the Receiving

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

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

11 (by category, where appropriate) all the Protected Material that was returned or

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

13 abstracts, compilations, summaries or any other format reproducing or capturing any

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

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

16 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

17 reports, attorney work product, and consultant and expert work product, even if such

18 materials contain Protected Material. Any such archival copies that contain or

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

20 Section 4 (DURATION).

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14. VIOLATION

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

33 ||| Measures including, without limitation, contempt proceedings and/or monetary

sanctions.

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66 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

77

DATED: April 5, 2021 By: /s/ Scott Alan Burroughs

Scott Alan Burroughs

99 Trevor W. Barrett

10 DONIGER /BURROUGHS

Attorneys for Plaintiff / Counter-Defendant

12 .

Dated: April 5, 2021 By: /s/ Lara S. Garner

13 M.D. Scully

14 Hazel Mae B. Pangan

Lara S. Garner

GORDON REES SCULLY MANSUKHANI

16 Attorneys for Defendants / Counterclaimants

17

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: 4/5/2021

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22 : 40 y Nox kK

es,

23

24 || HON. ALEXANDER F. MACKINNON

95 |} United States Magistrate Judge

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-16-

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

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

5 ____________________________________ [print or type full address],

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 on [date] in the case of Klauber Brothers, Inc. v. Urban

9 Outfitters, Inc., et al., Case No. 2:20-cv-07430-AB (AFM). I agree to comply with

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

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

12 punishment in the nature of contempt. I solemnly promise that I will not disclose in

13 any manner any information or item that is subject to this Stipulated Protective Order

14 to any person or 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

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

17 Stipulated Protective Order, even if such enforcement proceedings occur after

18 termination of this action. I hereby appoint __________________________ [print or

19 type full name] of ___________________________ [print or type full address and

20 telephone number] as my California agent for service of process in connection with

21 this action or any proceedings related to enforcement of this Stipulated Protective

22 Order.

23 Date: ______________________________________

24 City and State where sworn and signed:

25 _________________________________

26 Printed name: _______________________________

27 Signature: __________________________________