distinguishing “good cause” showing for sealing 26|| documents produced in discovery from “compelling reasons” standard when merits- 27|| related documents are part of court record
How later courts described this case
- distinguishing “good cause” showing for sealing 26|| documents produced in discovery from “compelling reasons” standard when merits- 27|| related documents are part of court record
- even stipulated protective orders require good cause showing
Written by the judges who cited it.
The opinion
2
4
6
g UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
RE-MARKETING GROUP, INC., Case No. 2:20-cv—09505—CAS-AFM
a California corporation,
ORDER ENTERING
12 Plaintiff, TIPULATED PROTECTIVE
ORDER
13 VS.
Hon. Alexander F. MacKinnon
14|| MARK MILLER, an individual; and
WOW BARGAINS & CLOSEOUTS,
INC., a California corporation,
16 Defendants.
17
WOW BARGAINS & CLOSEOUTS,
INC., a California corporation,
19 Counterclaimant,
20 VS.
21|| RE-MARKETING GROUP, INC.,
a California corporation. and
22|| GREGORY D. SHERWIN, an individual,
23 Counterclaim-Defendants.
24
25
26
27
28
DADACERTAD EDINA STD ATER DDA THIE
1 For good cause show, the Court hereby enters the following Protective Order,
2|| which has been stipulated to between the parties in the above-referenced matter:
1. A. PURPOSES AND LIMITATIONS
5 Discovery in this action is likely to involve production of confidential,
6|| proprietary or private information for which special protection from public
7|| disclosure and from use for any purpose other than prosecuting this litigation may
8|| be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
enter the following Stipulated Protective Order. The parties acknowledge that this
10] Order does not confer blanket protections on all disclosures or responses to
discovery and that the protection it affords from public disclosure and use extends
only to the limited information or items that are entitled to confidential treatment
under the applicable legal principles.
14 B. GOOD CAUSE STATEMENT
15 This action is likely to involve customer lists, pricing lists, and other
16] commercial, financial, and/or proprietary information for which special protection
17|| from public disclosure and from use for any purpose other than prosecution of this
18]| action is warranted. Such confidential and proprietary materials and information
consist of, among other things, confidential business or financial information,
20|| information regarding confidential business practices, or other confidential
research, development, or commercial information (including information
22|| implicating privacy rights of third parties), information otherwise generally
unavailable to the public, or which may be privileged or otherwise protected from
24|| disclosure under state or federal statutes, court rules, case decisions, or common
law. Accordingly, to expedite the flow of information, to facilitate the prompt
26|| resolution of disputes over confidentiality of discovery materials, to adequately
27|| protect information the parties are entitled to keep confidential, to ensure that the
parties are permitted reasonable necessary uses of such material in preparation for
>
and in the conduct of trial, to address their handling at the end of the litigation, and
2|| serve the ends of justice, a protective order for such information is justified in this
3|) matter. It is the intent of the parties that information will not be designated as
4|| confidential for tactical reasons and that nothing be so designated without a good
5|| faith belief that 1t has been maintained in a confidential, non-public manner, and
there is good cause why it should not be part of the public record of this case.
7 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING
UNDER SEAL
9 The parties further acknowledge, as set forth in Section 12.3, below, that this
10] Stipulated Protective Order does not entitle them to file confidential information
under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
and the standards that will be applied when a party seeks permission from the court
to file material under seal.
14 There is a strong presumption that the public has a right of access to judicial
proceedings and records in civil cases. In connection with non-dispositive motions,
16|| good cause must be shown to support a filing under seal. See Kamakana v. City and
17|| County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
18]| Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
19] Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
require good cause showing), and a specific showing of good cause or compelling
reasons with proper evidentiary support and legal justification, must be made with
22|| respect to Protected Material that a party seeks to file under seal. The parties’ mere
designation of Disclosure or Discovery Material as CONFIDENTIAL does not—
without the submission of competent evidence by declaration, establishing that the
material sought to be filed under seal qualifies as confidential, privileged, or
otherwise protectable—constitute good cause.
27 Further, if a party requests sealing related to a dispositive motion or trial,
then compelling reasons, not only good cause, for the sealing must be shown, and
1 the relief sought shall be narrowly tailored to serve the specific interest to be
2|| protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
2010). For each item or type of information, document, or thing sought to be filed
or introduced under seal in connection with a dispositive motion or trial, the party
seeking protection must articulate compelling reasons, supported by specific facts
and legal justification, for the requested sealing order. Again, competent evidence
7|| supporting the application to file documents under seal must be provided by
8|| declaration.
9 Any document that is not confidential, privileged, or otherwise protectable in
its entirety will not be filed under seal if the confidential portions can be redacted.
11] If documents can be redacted, then a redacted version for public viewing, omitting
12]) only the confidential, privileged, or otherwise protectable portions of the document,
shall be filed. Any application that seeks to file documents under seal in their
14]) entirety should include an explanation of why redaction is not feasible.
15]| 2. DEFINITIONS
16 2.1 Action: Re-Marketing Group, Inc. v. Miller et al., United States
17|| District Court Civil Case Number 2:20-cv-09505-CAS-AFM.
18 2.2 Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
20 2.3. “CONFIDENTIAL” Information or Items: information (regardless of
how it is generated, stored or maintained) or tangible things that qualify for
protection under Federal Rule of Civil Procedure 26(c), and as specified above in
23|| the Good Cause Statement.
24 2.4 Counsel: Outside Counsel and House Counsel (as well as their support
25|| staff).
26 2.5 Designating Party: a Party or Non-Party that designates information or
27|| items that it produces in disclosures or in responses to discovery as
28
1] “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES
2) ONLY.”
3 2.6 Disclosure or Discovery Material: all items or information, regardless
4|| of the medium or manner in which it is generated, stored, or maintained (including,
5|) among other things, testimony, transcripts, and tangible things), that are produced
6|| or generated in disclosures or responses to discovery in this matter.
7 2.7 Expert: a person with specialized knowledge or experience in a matter
8|| pertinent to the litigation who has been retained by a Party or its counsel to serve as
an expert witness or as a consultant in this Action.
10 2.8 “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY”
Information or Items: extremely sensitive CONFIDENTIAL Information or Items,
the disclosure of which to another Party or Non-Party would create a substantial
risk of serious harm that could not be avoided by less restrictive means. Said
14] information shall be limited to trade secrets and highly sensitive and/or proprietary
15] information including but not limited to documents evidencing the identification of
vendors, and documents containing information regarding pricing or profit margins.
17 2.9 House Counsel: attorneys who are employees of a party to this Action.
18]/ House Counsel does not include Outside Counsel.
19 2.10 Non-Party: any natural person, partnership, corporation, association or
other legal entity not named as a Party to this action.
21 2.11 Outside Counsel: attorneys who are not employees of a party to this
22|| Action but are retained to represent or advise a party to this Action or are affiliated
with a law firm that represents or advises that party, and includes support staff.
24 2.12 Party: any party to this Action, including all of its officers, directors,
25|| employees, consultants, retained experts, and Outside Counsel (and their support
26|| staffs).
27 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
1 2.14 Professional Vendors: persons or entities that provide litigation
2|| support services (e.g., photocopying, videotaping, translating, preparing exhibits or
3| demonstrations, and organizing, storing, or retrieving data in any form or medium)
and their employees and subcontractors.
5 2.15 Protected Material: any Disclosure or Discovery Material that is
6|| designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—
7| ATTORNEYS’ EYES ONLY.”
8 2.16 Receiving Party: a Party that receives Disclosure or Discovery
Material from a Producing Party.
10]| 3. SCOPE
11 The protections conferred by this Stipulation and Order cover not only
Protected Material (as defined above), but also (1) any information copied or
extracted from Protected Material; (2) all copies, excerpts, summaries, or
14] compilations of Protected Material; and (3) any testimony, conversations, or
15] presentations by Parties 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 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
CONFIDENTIAL or HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY
or maintained pursuant to this protective order used or introduced as an exhibit at
22|| trial becomes public and will be presumptively available to all members of the
public, including the press, unless compelling reasons supported by specific factual
24|| findings to proceed otherwise are made to the trial judge in advance of the trial. See
Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing
26|| documents produced in discovery from “compelling reasons” standard when merits-
27|| related documents are part of court record). Accordingly, the terms of this
protective order do not extend beyond the commencement of the trial.
1}] 5. DESIGNATING PROTECTED MATERIAL
2 5.1 Exercise of Restraint and Care in Designating Material for Protection.
Each Party or Non-Party that designates information or items for protection under
4|| this Order must take care to limit any such designation to specific material that
qualifies under the appropriate standards. The Designating Party must designate for
protection only those parts of material, documents, items or oral or written
communications that qualify so that other portions of the material, documents,
8|| items or communications for which protection is not warranted are not swept
unjustifiably within the ambit of this Order.
10 Mass, indiscriminate or routinized designations are prohibited. Designations
11]| that are shown to be clearly unjustified or that have been made for an improper
purpose (e.g., to unnecessarily encumber the case development process or to
impose unnecessary expenses and burdens on other parties) may expose the
14] Designating Party to sanctions.
15 If it comes to a Designating Party’s attention that information or items that it
16] designated for protection do not qualify for protection, that Designating Party must
promptly notify all other Parties that it is withdrawing the inapplicable designation.
18 5.2 Manner and Timing of Designations. Except as otherwise provided in
19] this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
under this Order must be clearly so designated before the material is disclosed or
22|| produced.
23 Designation in conformity with this Order requires:
24 (a) for information in documentary form (e.g., paper or electronic
25|| documents, but excluding transcripts of depositions or other pretrial or trial
26|| proceedings), that the Producing Party affix at a minimum, the legend
27|| “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES
28] ONLY” (hereinafter “confidentiality legend’’), to each page that contains protected
material. If only a portion of the material on a page qualifies for protection, the
2|| Producing Party also must clearly identify the protected portion(s) (e.g., by making
3|| appropriate markings in the margins).
4 A Party or Non-Party that makes original documents available for inspection
need not designate them for protection until after the inspecting Party has indicated
6|| which documents it would like copied and produced. During the inspection and
7|| before the designation, all of the material made available for inspection shall be
8|| deemed “CONFIDENTIAL or HIGHLY CONFIDENTIAL—ATTORNEYS’
EYES ONLY.” After the inspecting Party has identified the documents it wants
copied and produced, the Producing Party must determine which documents, or
11] portions thereof, qualify for protection under this Order. Then, before producing the
specified documents, the Producing Party must affix the appropriate
“confidentiality legend” to each page that contains Protected Material. If only a
portion of the material on a page qualifies for protection, the Producing Party also
must clearly identify the protected portion(s) (e.g., by making appropriate markings
in the margins).
17 (b) for testimony given in depositions that the Designating Party
identifies the Disclosure or Discovery Material on the record, before the close of
the deposition all protected testimony.
20 (c) for information produced in some form other than documentary
and for any other tangible items, that the Producing Party affix in a prominent place
on the exterior of the container or containers in which the information is stored the
legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’
EYES ONLY.” If only a portion or portions of the information warrants protection,
the Producing Party, to the extent practicable, shall identify the protected portion(s).
26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
27|| failure to designate qualified information or items does not, standing alone, waive
28]| the Designating Party’s right to secure protection under this Order for such
material. Upon timely correction of a designation, the Receiving Party must make
reasonable efforts to assure that the material is treated in accordance with the
provisions of this Order.
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
6|| designation of confidentiality at any time that is consistent with the Court’s
7\| Scheduling Order.
8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
resolution process under Local Rule 37-1 et seq.
10 6.3. Joint Stipulation. Any challenge submitted to the Court shall be via a
11]| joint stipulation pursuant to Local Rule 37-2.
12 6.4 The burden of persuasion in any such challenge proceeding shall be on
the Designating Party. Frivolous challenges, and those made for an improper
14] purpose (e.g., to harass or impose unnecessary expenses and burdens on other
parties) may expose the Challenging Party to sanctions. Unless the Designating
Party has waived or withdrawn the confidentiality designation, all parties shall
continue to afford the material in question the level of protection to which it is
entitled under the Producing Party’s designation until the Court rules on the
19]| challenge.
20]| 7. ACCESS TO AND USE OF PROTECTED MATERIAL
21 7.1. Basic Principles. A Receiving Party may use Protected Material that is
22|| disclosed or produced by another Party or by a Non-Party in connection with this
Action only for prosecuting, defending or attempting to settle this Action. Such
24|| Protected Material may be disclosed only to the categories of persons and under the
25|| conditions described in this Order. When the Action has been terminated, a
26|| Receiving Party must comply with the provisions of section 13 below (FINAL
27|| DISPOSITION).
28 Protected Material must be stored and maintained by a Receiving Party at a
location and in a secure manner that ensures that access is limited to the persons
authorized under this Order.
3 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
4|| otherwise ordered by the court or permitted in writing by the Designating Party, a
Receiving Party may disclose any information or item designated
“CONFIDENTIAL” only to:
7 (a) the Receiving Party’s Outside Counsel in this Action, as well as
8|| employees of said Outside Counsel to whom it is reasonably necessary to disclose
9|| the information for this Action;
10 (b) _ the officers, directors, and employees (including House
11] Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this
12|| Action;
13 (c) | Experts (as defined in this Order) of the Receiving Party to
14] whom disclosure is reasonably necessary for this Action and who have signed the
15] “Acknowledgment and Agreement to Be Bound” (Exhibit A);
16 (d) the court and its personnel;
17 (ec) court reporters and their staff;
18 (f) professional jury or trial consultants, mock jurors, and
19] Professional Vendors to whom disclosure is reasonably necessary for this Action
20|| and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
A);
22 (g) the author or recipient of a document containing the information
23|| or a custodian or other person who otherwise possessed or knew the information;
24 (h) during their depositions, witnesses, and attorneys for witnesses,
in the Action to whom disclosure is reasonably necessary provided: (1) the
26|| deposing party requests that the witness sign the form attached as Exhibit | hereto;
and (2) they will not be permitted to keep any confidential information unless they
28]| sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
otherwise agreed by the Designating Party or ordered by the court. Pages of
2|| transcribed deposition testimony or exhibits to depositions that reveal Protected
3| Material may be separately bound by the court reporter and may not be disclosed to
anyone except as permitted under this Stipulated Protective Order; and
5 (1) any mediator or settlement officer, and their supporting
personnel, mutually agreed upon by any of the parties engaged in settlement
7|| discussions.
8 7.3. Disclosure of “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES
ONLY” Information. Unless otherwise ordered by the Court or permitted in
10] writing by the Designating Party, a Receiving Party may disclose any information
or items designated “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY”
only to:
13 (a) The Receiving Party’s Outside Counsel, as well as employees of
14] said Outside Counsel to whom it is reasonably necessary to disclose the information
15|| for this Action;
16 (b) Experts (as defined by this Order) of the Receiving Party to
whom disclosure is reasonably necessary for this Action and who have signed the
18] “Acknowledgment and Agreement to Be Bound” (Exhibit A);
19 (c) The Court and its personnel;
20 (d) Private Court reporters and their staff to whom disclosure is
21|| reasonably necessary for this Action and who have signed the “Acknowledgement
22|| and Agreement to Be Bound” (Exhibit A);
23 (e) Professional jury or trial consultants, mock jurors and
24|| Professional Vendors to whom disclosure is reasonably necessary for this Action
and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
26|| A);
27
28
1 (f) | The Author or recipient of a document containing the HIGHLY
2) CONFIDENTIAL—ATTORNEYS’ EYES ONLY information or a custodian or
other person who otherwise possessed or knew the information; and
4 (g) Any mediator or settlement officer, and their supporting
personnel, mutually agreed upon by any of the parties engaged in settlement
6|| discussions.
7 7.4 Nothing herein shall serve to limit the manner or fashion in which a
8|| Producing Party may utilize its own documents irrespective of the designation.
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
INOTHER LITIGATION
11 If a Party is served with a subpoena or a court order issued in other litigation
that compels disclosure of any information or items designated in this Action as
13) “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES
14] ONLY,” that Party must:
15 (a) promptly notify in writing the Designating Party. Such
16]) notification shall include a copy of the subpoena or court order;
17 (b) promptly notify in writing the party who caused the subpoena or
order to issue in the other litigation that some or all of the material covered by the
subpoena or order is subject to this Protective Order. Such notification shall include
20|| a copy of this Stipulated Protective Order; and
21 (c) cooperate with respect to all reasonable procedures sought to be
22|| pursued by the Designating Party whose Protected Material may be affected.
23 If the Designating Party timely seeks a protective order, the Party served with
24|| the subpoena or court order shall not produce any information designated in this
25|| action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’
26|| EYES ONLY” before a determination by the court from which the subpoena or
27|| order issued, unless the Party has obtained the Designating Party’s permission. The
28|| Designating Party shall bear the burden and expense of seeking protection in that
court of its confidential material and nothing in these provisions should be
2|| construed as authorizing or encouraging a Receiving Party in this Action to disobey
a lawful directive from another court.
9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
6 (a) The terms of this Order are applicable to information produced
7|| by a Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
8|| CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” Such information produced by
Non-Parties in connection with this litigation is protected by the remedies and relief
provided by this Order. Nothing in these provisions should be construed as
prohibiting a Non-Party from seeking additional protections.
12 (b) Inthe event that a Party is required, by a valid discovery
request, to produce a Non-Party’s confidential information in its possession, and the
14]) Party is
subject to an agreement with the Non-Party not to produce the Non-Party’s
16] confidential information, then the Party shall:
17 (1) promptly notify in writing the Requesting Party and the
Non-Party that some or all of the information requested is subject to a
confidentiality agreement with a Non-Party;
20 (2) promptly provide the Non-Party with a copy of the
Stipulated Protective Order in this Action, the relevant discovery request(s), and a
22|| reasonably specific description of the information requested; and
23 (3) make the information requested available for inspection
24] by the Non-Party, if requested.
25 (c) Ifthe Non-Party fails to seek a protective order from this court
within 14 days of receiving the notice and accompanying information, the
27|| Receiving Party may produce the Non-Party’s confidential information responsive
to the discovery request. If the Non-Party timely seeks a protective order, the
Receiving Party shall not produce any information in its possession or control that
2|| is subject to the confidentiality agreement with the Non-Party before a
determination by the court. Absent a court order to the contrary, the Non-Party shall
4|| bear the burden and expense of seeking protection in this court of its Protected
Material.
6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
8|| Protected Material to any person or in any circumstance not authorized under this
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
10]| writing the Designating Party of the unauthorized disclosures, (b) use its best
efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
person or persons to whom unauthorized disclosures were made of all the terms of
this Order, and (d) request such person or persons to execute the “Acknowledgment
14] and Agreement to Be Bound” that is attached hereto as Exhibit A.
11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
17 When a Producing Party gives notice to Receiving Parties that certain
18] inadvertently produced material is subject to a claim of privilege or other
protection, the obligations of the Receiving Parties are those set forth in Federal
20|| Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
21|| whatever procedure may be established in an e-discovery order that provides for
22|| production without prior privilege review. Pursuant to Federal Rule of Evidence
502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
24|| of a communication or information covered by the attorney-client privilege or work
25|| product protection, the parties may incorporate their agreement in the stipulated
26|| protective order submitted to the court.
27\| /
/
1A
1] 12. MISCELLANEOUS
2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the Court in the future.
4 12.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective Order, no Party waives any right it otherwise would have to object to
6|| disclosing or producing any information or item on any ground not addressed in
this Stipulated Protective Order. Similarly, no Party waives any right to object on
8|| any ground to use in evidence of any of the material covered by this Protective
Order.
10 12.3 Filing Protected Material. A Party that seeks to file under seal any
Protected Material must comply with Local Civil Rule 79-5. Protected Material
may only be filed under seal pursuant to a court order authorizing the sealing of the
specific Protected Material at issue. If a Party’s request to file Protected Material
14] under seal is denied by the court, then the Receiving Party may file the information
in the public record unless otherwise instructed by the court.
16], 13. FINAL DISPOSITION
17 After the final disposition of this Action, as defined in paragraph 4, within 60
18] days of a written request by the Designating Party, each Receiving Party must
return all Protected Material to the Producing Party or destroy such material. As
used in this subdivision, “all Protected Material” includes all copies, abstracts,
compilations, summaries, and any other format reproducing or capturing any of the
22|| Protected Material. Whether the Protected Material is returned or destroyed, the
Receiving Party must submit a written certification to the Producing Party (and, if
24|| not the same person or entity, to the Designating Party) by the 60 day deadline that
25|| (1) identifies (by category, where appropriate) all the Protected Material that was
returned or destroyed and (2) affirms that the Receiving Party has not retained any
27|| copies, abstracts, compilations, summaries or any other format reproducing or
28]| capturing any of the Protected Material. Notwithstanding this provision, Counsel
are entitled to retain an archival copy of all pleadings, motion papers, trial,
2|| deposition, and hearing transcripts, legal memoranda, correspondence, deposition
and trial exhibits, expert reports, attorney work product, and consultant and expert
work product, even if such materials contain Protected Material. Any such archival
copies that contain or constitute Protected Material remain subject to this Protective
6|| Order as set forth in Section 4 (DURATION).
7), 14. VIOLATION
8 Any violation of this Order may be punished by appropriate measures
including, without limitation, contempt proceedings and/or monetary sanctions.
10
11
12 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
13
14
15
16
DATED: 4/15/2021
18
| Be Mock
a,
20
21) HON. ALEXANDER F. MacKinnon =
United States Magistrate Judge
23
24
25
26
27
28
1K
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 .
I, [print or type full name],
of [print or type full address], declare under
penalty of perjury that I have read in its entirety and understand the Stipulated
Protective Order that was issued by the United States District Court for the Central
District of California on [date] in the case of [insert
formal name of the case and the number and initials assigned to it by the court]. I
agree to comply with and to be bound by all the terms of this Stipulated Protective
10
Order and I understand and acknowledge that failure to so comply could expose me
11
to sanctions and punishment in the nature of contempt. I solemnly promise that I
12
will not disclose in any manner any information or item that is subject to this
13
Stipulated Protective Order to any person or entity except in strict compliance with
14
the provisions of this Order.
15
I further agree to submit to the jurisdiction of the United States District Court
16
for the Central District of California for enforcing the terms of this Stipulated
17
Protective Order, even if such enforcement proceedings occur after termination of
18
this action.
19
I hereby appoint [print or type full
20
name] of [print or type full
21
address and telephone number] as my California agent for service of process in
22
connection with this action or any proceedings related to enforcement of this
23
Stipulated Protective Order.
24
Date:
25
City and State where sworn and signed:
26
Printed name:
Signature:
28