The opinion
FARHAD NOVIAN (SBN 118129)
farhad@novianlaw.com
> SHARON RAMINFARD (SBN 278548)
sharon@novianlaw.com
3 || MICHAEL O’BRIEN (SBN 277244)
michaelo@novianlaw.com
4 ||NOVIAN & NOVIAN, LLP
1801 Century Park East, Suite 1201
5 || Los Angeles, CA 90067
6 Tel: (310) 553-1222
Fax: (310) 553-0222
7
Attorneys for Plaintiff/Counter-Defendant
L.A. T-SHIRT & PRINT, INC. dba RIOT SOCIETY
9
Jeffrey A. Kobulnick - Bar No. 228299
10 || Michael A. Bernet - Bar No. 306657
BRUTZKUS GUBNER
11 |)21650 Oxnard Street, Suite 500
Woodland Hills, CA 91367
12 || Telephone: B18) 827-9000
B Facsimile: (818) 827-9099
Email: jkobulnick@bg.law
14 mbernet@bg.law
15 Attorneys for Defendant and Counter-Claimant,
PRIMITIVE SKATEBOARDING INC,
16
17 UNITED STATES DISTRICT COURT
18 FOR THE CENTRAL DISTRICT OF CALIFORNIA
19
20 L.A. T-SHIRT & PRINT, INC., a [DISCOVERY DOCUMENT
California corporation dba RIOT REFERRED TO MAGISTRATE
21 || SOCIETY, JUDGE MICHAEL R. WILNER]
22
Plaintiff, Case No. 2:20-CV-11129-RGK-MRW
23
V. STIPULATED PROTECTIVE
24 ORDER
25 || PRIMITIVE SKATEBOARDING, INC., a | (MRW VERSION 4/19)
26 || California corporation; and DOES 1
34 through 10, L] Check if submitted without material
Defendants. modifications to MRW form
1 I. PURPOSES AND LIMITATIONS
2 A. Discovery in this action is likely to involve production of confidential,
3 proprietary, or private information for which special protection from public disclosure
4 and from use for any purpose other than prosecuting this litigation may be warranted.
5 Accordingly, the parties hereby stipulate to and petition the Court to enter the
6 following Stipulated Protective Order. The parties acknowledge that this Order does
7 not confer blanket protections on all disclosures or responses to discovery and that the
8 protection it affords from public disclosure and use extends only to the limited
9 information or items that are entitled to confidential treatment under the applicable
10 legal principles. The parties further acknowledge, as set forth in Section XIII(C),
11 below, that this Stipulated Protective Order does not entitle them to file confidential
12 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be
13 followed and the standards that will be applied when a party seeks permission from
14 the Court to file material under seal.
15 II. GOOD CAUSE STATEMENT
16 A. This action is likely to involve trade secrets, customer and pricing lists
17 and other valuable research, development, commercial, financial, technical and/or
18 proprietary information for which special protection from public disclosure and from
19 use for any purpose other than prosecution of this action is warranted. Such
20 confidential and proprietary materials and information consist of, among other things,
21 confidential business or financial information, information regarding confidential
22 business practices, or other confidential research, development, or commercial
23 information (including information implicating privacy rights of third parties),
24 information otherwise generally unavailable to the public, or which may be privileged
25 or otherwise protected from disclosure under state or federal statutes, court rules, case
26 decisions, or common law.
27 ///
28 ///
1 Additionally, here, there is a need for a two-tiered, attorneys’ eyes only
2 protective order that designates certain material as “HIGHLY CONFIDENTIAL –
3 ATTORNEYS’ EYES ONLY” because the Parties are direct competitors, and
4 discovery in this case is expected to involve disclosure of sensitive pricing
5 information, such as profits margins, and sourcing information. See Elements Spirits,
6 Inc. v. Iconic Brands, Inc., Civ. No. CV 15-02692 DDP(AGRx), 2016 WL 2642206,
7 at *1–*2 (C.D. Cal. May 9, 2016) (holding that protective order with attorneys’ eyes
8 only designation was warranted to protect party’s confidential information) (citing
9 Nutratech, Inc. v. Syntech Int’l, Inc., 242 F.R.D. 552, 555 (C.D. Cal. 2008); Brown
10 Bag Software v. Symantec Corp., 960 F.2d 1465, 1470 (9th Cir. 1992)).
11 Accordingly, to expedite the flow of information, to facilitate the prompt
12 resolution of disputes over confidentiality of discovery materials, to adequately
13 protect information the parties are entitled to keep confidential, to ensure that the
14 parties are permitted reasonable necessary uses of such material in preparation for and
15 in the conduct of trial, to address their handling at the end of the litigation, and serve
16 the ends of justice, a protective order for such information is justified in this matter. It
17 is the intent of the parties that information will not be designated as confidential for
18 tactical reasons and that nothing be so designated without a good faith belief that it
19 has been maintained in a confidential, non-public manner, and there is good cause
20 why it should not be part of the public record of this case.
21 III. DEFINITIONS
22 A. Action: This pending federal law suit.
23 B. Challenging Party: A Party or Non-Party that challenges the designation
24 of information or items under this Order.
25 C. “CONFIDENTIAL” Information or Items: Information (regardless of
26 how it is generated, stored or maintained) or tangible things that qualify for protection
27 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
28 Cause Statement.
1 D. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
2 Information or Items: information or items that is/are extremely confidential and/or
3 sensitive, the disclosure of which to any other Party or Non-Party would create a
4 substantial risk of serious harm, including competitive injury, that could not be
5 avoided by less restrictive means. The Parties agree there is a need in this case for a
6 highly confidential designation because the Parties are direct competitors, and
7 discovery in this case is expected to involve disclosure of sensitive pricing
8 information, such as profit margins, and sourcing information.
9 E. Counsel: Outside Counsel of Record and House Counsel (as well as their
10 support staff).
11 F. Designating Party: A Party or Non-Party that designates information or
12 items that it produces in disclosures or in responses to discovery as
13 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
14 ONLY”.
15 G. Disclosure or Discovery Material: All items or information, regardless of
16 the medium or manner in which it is generated, stored, or maintained (including,
17 among other things, testimony, transcripts, and tangible things), that are produced or
18 generated in disclosures or responses to discovery in this matter.
19 H. Expert: A person with specialized knowledge or experience in a matter
20 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
21 expert witness or as a consultant in this Action.
22 I. House Counsel: Attorneys who are employees of a party to this Action.
23 House Counsel does not include Outside Counsel of Record or any other outside
24 counsel.
25 J. Non-Party: Any natural person, partnership, corporation, association, or
26 other legal entity not named as a Party to this action.
27 K. Outside Counsel of Record: Attorneys who are not employees of a party
28 to this Action but are retained to represent or advise a party to this Action and have
1 appeared in this Action on behalf of that party or are affiliated with a law firm which
2 has appeared on behalf of that party, and includes support staff.
3 L. Party: Any party to this Action, including all of its officers, directors,
4 employees, consultants, retained experts, and Outside Counsel of Record (and their
5 support staffs).
6 M. Producing Party: A Party or Non-Party that produces Disclosure or
7 Discovery Material in this Action.
8 N. Professional Vendors: Persons or entities that provide litigation support
9 services (e.g., photocopying, videotaping, translating, preparing exhibits or
10 demonstrations, and organizing, storing, or retrieving data in any form or medium)
11 and their employees and subcontractors.
12 O. Protected Material: Any Disclosure or Discovery Material that is
13 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
14 EYES ONLY”.
15 P. Receiving Party: A Party that receives Disclosure or Discovery Material
16 from a Producing Party.
17 IV. SCOPE
18 A. The protections conferred by this Stipulation and Order cover not only
19 Protected Material (as defined above), but also (1) any information copied or
20 extracted from Protected Material; (2) all copies, excerpts, summaries, or
21 compilations of Protected Material; and (3) any testimony, conversations, or
22 presentations by Parties or their Counsel that might reveal Protected Material.
23 B. Any use of Protected Material at trial shall be governed by the orders of
24 the trial judge. This Order does not govern the use of Protected Material at trial.
25 V. DURATION
26 A. Even after final disposition of this litigation, the confidentiality
27 obligations imposed by this Order shall remain in effect until a Designating Party
28 agrees otherwise in writing or a court order otherwise directs. Final disposition shall
1 be deemed to be the later of (1) dismissal of all claims and defenses in this Action,
2 with or without prejudice; and (2) final judgment herein after the completion and
3 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
4 including the time limits for filing any motions or applications for extension of time
5 pursuant to applicable law.
6 VI. DESIGNATING PROTECTED MATERIAL
7 A. Exercise of Restraint and Care in Designating Material for Protection
8 1. Each Party or Non-Party that designates information or items for
9 protection under this Order must take care to limit any such designation to specific
10 material that qualifies under the appropriate standards. The Designating Party must
11 designate for protection only those parts of material, documents, items, or oral or
12 written communications that qualify so that other portions of the material, documents,
13 items, or communications for which protection is not warranted are not swept
14 unjustifiably within the ambit of this Order.
15 2. Mass, indiscriminate, or routinized designations are prohibited.
16 Designations that are shown to be clearly unjustified or that have been made for an
17 improper purpose (e.g., to unnecessarily encumber the case development process or to
18 impose unnecessary expenses and burdens on other parties) may expose the
19 Designating Party to sanctions.
20 3. If it comes to a Designating Party’s attention that information or items
21 that it designated for protection do not qualify for protection, that Designating Party
22 must promptly notify all other Parties that it is withdrawing the inapplicable
23 designation.
24 B. Manner and Timing of Designations
25 1. Except as otherwise provided in this Order (see, e.g., Section B(2)(b)
26 below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that
27 qualifies for protection under this Order must be clearly so designated before the
28 material is disclosed or produced.
1 2. Designation in conformity with this Order requires the following:
2 a. For information in documentary form (e.g., paper or electronic
3 documents, but excluding transcripts of depositions or other pretrial or trial
4 proceedings), that the Producing Party affix at a minimum, the legend
5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
6 ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains protected
7 material. If only a portion or portions of the material on a page qualifies for
8 protection, the Producing Party also must clearly identify the protected portion(s)
9 (e.g., by making appropriate markings in the margins).
10 b. A Party or Non-Party that makes original documents available for
11 inspection need not designate them for protection until after the inspecting Party has
12 indicated which documents it would like copied and produced. During the inspection
13 and before the designation, all of the material made available for inspection shall be
14 deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
15 EYES ONLY”. After the inspecting Party has identified the documents it wants
16 copied and produced, the Producing Party must determine which documents, or
17 portions thereof, qualify for protection under this Order. Then, before producing the
18 specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
19 to each page that contains Protected Material. If only a portion or portions of the
20 material on a page qualifies for protection, the Producing Party also must clearly
21 identify the protected portion(s) (e.g., by making appropriate markings in the
22 margins).
23 c. For testimony given in depositions, that the Designating Party identify
24 the Disclosure or Discovery Material on the record, before the close of the deposition
25 all protected testimony.
26 d. For information produced in form other than document and for any other
27 tangible items, that the Producing Party affix in a prominent place on the exterior of
28 the container or containers in which the information is stored the legend
1 “CONFIDENTIAL.” If only a portion or portions of the information warrants
2 protection, the Producing Party, to the extent practicable, shall identify the protected
3 portion(s).
4 C. Inadvertent Failure to Designate
5 1. If timely corrected, an inadvertent failure to designate qualified
6 information or items does not, standing alone, waive the Designating Party’s right to
7 secure protection under this Order for such material. Upon timely correction of a
8 designation, the Receiving Party must make reasonable efforts to assure that the
9 material is treated in accordance with the provisions of this Order.
10 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS
11 A. Timing of Challenges
12 1. Any party or Non-Party may challenge a designation of confidentiality at
13 any time that is consistent with the Court’s Scheduling Order.
14 B. Meet and Confer
15 1. The Challenging Party shall initiate the dispute resolution process under
16 Local Rule 37.1 et seq.
17 C. The burden of persuasion in any such challenge proceeding shall be on
18 the Designating Party. Frivolous challenges, and those made for an improper purpose
19 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
20 expose the Challenging Party to sanctions. Unless the Designating Party has waived
21 or withdrawn the confidentiality designation, all parties shall continue to afford the
22 material in question the level of protection to which it is entitled under the Producing
23 Party’s designation until the Court rules on the challenge.
24 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL
25 A. Basic Principles
26 1. A Receiving Party may use Protected Material that is disclosed or
27 produced by another Party or by a Non-Party in connection with this Action only for
28 prosecuting, defending, or attempting to settle this Action. Such Protected Material
1 may be disclosed only to the categories of persons and under the conditions described
2 in this Order. When the Action has been terminated, a Receiving Party must comply
3 with the provisions of Section XIV below.
4 2. Protected Material must be stored and maintained by a Receiving Party at
5 a location and in a secure manner that ensures that access is limited to the persons
6 authorized under this Order.
7 B. Disclosure of “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
8 ATTORNEYS’ EYES ONLY” Information or Items
9 1. Unless otherwise ordered by the Court or permitted in writing by the
10 Designating Party, a Receiving Party may disclose any information or item designated
11 “CONFIDENTIAL” only to:
12 a. The Receiving Party’s Outside Counsel of Record in this Action, as well
13 as employees of said Outside Counsel of Record to whom it is reasonably necessary to
14 disclose the information for this Action;
15 b. The officers, directors, and employees (including House Counsel) of the
16 Receiving Party to whom disclosure is reasonably necessary for this Action;
17 c. Experts (as defined in this Order) of the Receiving Party to whom
18 disclosure is reasonably necessary for this Action and who have signed the
19 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
20 d. The Court and its personnel;
21 e. Court reporters and their staff;
22 f. Professional jury or trial consultants, mock jurors, and Professional
23 Vendors to whom disclosure is reasonably necessary or this Action and who have
24 signed the “Acknowledgment and Agreement to be Bound” attached as Exhibit A
25 hereto;
26 g. The author or recipient of a document containing the information or a
27 custodian or other person who otherwise possessed or knew the information;
28 ///
1 h. During their depositions, witnesses, and attorneys for witnesses, in the
2 Action to whom disclosure is reasonably necessary provided: (i) the deposing party
3 requests that the witness sign the “Acknowledgment and Agreement to Be Bound;”
4 and (ii) they will not be permitted to keep any confidential information unless they
5 sign the “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by
6 the Designating Party or ordered by the Court. Pages of transcribed deposition
7 testimony or exhibits to depositions that reveal Protected Material may be separately
8 bound by the court reporter and may not be disclosed to anyone except as permitted
9 under this Stipulated Protective Order; and
10 i. Any mediator or settlement officer, and their supporting personnel,
11 mutually agreed upon by any of the parties engaged in settlement discussions.
12 2. Unless otherwise ordered by the Court or permitted in writing by the
13 Designating Party, a Receiving Party may disclose any information or item designated
14 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
15 a. The Receiving Party’s Outside Counsel of Record in this Action, as well
16 as employees of said Outside Counsel of Record to whom it is reasonably necessary to
17 disclose the information for this Action;
18 b. Experts (as defined in this Order) of the Receiving Party to whom
19 disclosure is reasonably necessary for this Action and who have signed the
20 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
21 c. The Court and its personnel;
22 d. Court reporters and their staff;
23 e. Professional jury or trial consultants, mock jurors, and Professional
24 Vendors to whom disclosure is reasonably necessary or this Action and who have
25 signed the “Acknowledgment and Agreement to be Bound” attached as Exhibit A
26 hereto;
27 f. The author or recipient of a document containing the information or a
28 custodian or other person who otherwise possessed or knew the information;
1 g. During their depositions, witnesses, and attorneys for witnesses, in the
2 Action to whom disclosure is reasonably necessary provided: (i) the deposing party
3 requests that the witness sign the “Acknowledgment and Agreement to Be Bound;”
4 and (ii) they will not be permitted to keep any confidential information unless they
5 sign the “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by
6 the Designating Party or ordered by the Court. Pages of transcribed deposition
7 testimony or exhibits to depositions that reveal Protected Material may be separately
8 bound by the court reporter and may not be disclosed to anyone except as permitted
9 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 IX. PROTECTED MATERIAL SUPOENAED OR ORDERED PRODUCED
13 IN OTHER LITIGATION
14 A. If a Party is served with a subpoena or a court order issued in other
15 litigation that compels disclosure of any information or items designated in this
16 Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
17 EYES ONLY” that Party must:
18 1. Promptly notify in writing the Designating Party. Such notification shall
19 include a copy of the subpoena or court order;
20 2. Promptly notify in writing the party who caused the subpoena or order to
21 issue in the other litigation that some or all of the material covered by the subpoena or
22 order is subject to this Protective Order. Such notification shall include a copy of this
23 Stipulated Protective Order; and
24 3. Cooperate with respect to all reasonable procedures sought to be pursued
25 by the Designating Party whose Protected Material may be affected.
26 B. If the Designating Party timely seeks a protective order, the Party served
27 with the subpoena or court order shall not produce any information designated in this
28 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
1 EYES ONLY” before a determination by the Court from which the subpoena or order
2 issued, unless the Party has obtained the Designating Party’s permission. The
3 Designating Party shall bear the burden and expense of seeking protection in that
4 court of its confidential material and nothing in these provisions should be construed
5 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful
6 directive from another court.
7 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
8 PRODUCED IN THIS LITIGATION
9 A. The terms of this Order are applicable to information produced by a Non-
10 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
11 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Such information produced by
12 Non-Parties in connection with this litigation is protected by the remedies and relief
13 provided by this Order. Nothing in these provisions should be construed as
14 prohibiting a Non-Party from seeking additional protections.
15 B. In the event that a Party is required, by a valid discovery request, to
16 produce a Non-Party’s confidential information in its possession, and the Party is
17 subject to an agreement with the Non-Party not to produce the Non-Party’s
18 confidential information, then the Party shall:
19 1. Promptly notify in writing the Requesting Party and the Non-Party that
20 some or all of the information requested is subject to a confidentiality agreement with
21 a Non-Party;
22 2. Promptly provide the Non-Party with a copy of the Stipulated Protective
23 Order in this Action, the relevant discovery request(s), and a reasonably specific
24 description of the information requested; and
25 3. Make the information requested available for inspection by the Non-
26 Party, if requested.
27 C. If the Non-Party fails to seek a protective order from this court within 14
28 days of receiving the notice and accompanying information, the Receiving Party may
1 produce the Non-Party’s confidential information responsive to the discovery request.
2 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
3 any information in its possession or control that is subject to the confidentiality
4 agreement with the Non-Party before a determination by the court. Absent a court
5 order to the contrary, the Non-Party shall bear the burden and expense of seeking
6 protection in this court of its Protected Material.
7 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
8 A. If a Receiving Party learns that, by inadvertence or otherwise, it has
9 disclosed Protected Material to any person or in any circumstance not authorized
10 under this Stipulated Protective Order, the Receiving Party must immediately (1)
11 notify in writing the Designating Party of the unauthorized disclosures, (2) use its best
12 efforts to retrieve all unauthorized copies of the Protected Material, (3) inform the
13 person or persons to whom unauthorized disclosures were made of all the terms of this
14 Order, and (4) request such person or persons to execute the “Acknowledgment and
15 Agreement to be Bound” that is attached hereto as Exhibit A.
16 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
17 PROTECTED MATERIAL
18 A. When a Producing Party gives notice to Receiving Parties that certain
19 inadvertently produced material is subject to a claim of privilege or other protection,
20 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
21 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
22 may be established in an e-discovery order that provides for production without prior
23 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
24 parties reach an agreement on the effect of disclosure of a communication or
25 information covered by the attorney-client privilege or work product protection, the
26 parties may incorporate their agreement in the Stipulated Protective Order submitted
27 to the Court.
28 ///
1 XIII. MISCELLANEOUS
2 A. Right to Further Relief
3 1. Nothing in this Order abridges the right of any person to seek its
4 modification by the Court in the future.
5 B. Right to Assert Other Objections
6 1. By stipulating to the entry of this Protective Order, no Party waives any
7 right it otherwise would have to object to disclosing or producing any information or
8 item on any ground not addressed in this Stipulated Protective Order. Similarly, no
9 Party waives any right to object on any ground to use in evidence of any of the
10 material covered by this Protective Order.
11 C. Filing Protected Material
12 1. A Party that seeks to file under seal any Protected Material must comply
13 with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant
14 to a court order authorizing the sealing of the specific Protected Material at issue. If a
15 Party's request to file Protected Material under seal is denied by the Court, then the
16 Receiving Party may file the information in the public record unless otherwise
17 instructed by the Court.
18 XIV. FINAL DISPOSITION
19 A. After the final disposition of this Action, as defined in Section V, within
20 sixty (60) days of a written request by the Designating Party, each Receiving Party
21 must return all Protected Material to the Producing Party or destroy such material. As
22 used in this subdivision, “all Protected Material” includes all copies, abstracts,
23 compilations, summaries, and any other format reproducing or capturing any of the
24 Protected Material. Whether the Protected Material is returned or destroyed, the
25 Receiving Party must submit a written certification to the Producing Party (and, if not
26 the same person or entity, to the Designating Party) by the 60 day deadline that (1)
27 identifies (by category, where appropriate) all the Protected Material that was returned
28 or destroyed and (2) affirms that the Receiving Party has not retained any copies,
1 abstracts, compilations, summaries or any other format reproducing or capturing any
2 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
3 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
4 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
5 reports, attorney work product, and consultant and expert work product, even if such
6 materials contain Protected Material. Any such archival copies that contain or
7 constitute Protected Material remain subject to this Protective Order as set forth in
8 Section V.
9 B. Any violation of this Order may be punished by any and all appropriate
10 measures including, without limitation, contempt proceedings and/or monetary
11 sanctions.
12
13 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
14
Date: April 29, 2021 NOVIAN & NOVIAN, LLP
15
16 By: /s/ Farhad Novian
17 FARHAD NOVIAN, State Bar No. 118129
SHARON RAMINFARD, State Bar No. 278548
18 MICHAEL O’BRIEN, State Bar No. 277244
19 Attorneys for Plaintiff and Counter-defendant
L.A. T-SHIRT & PRINT, INC.
20
21 Dated: April 29, 2021 BRUTZKUS GUBNER
22
By: /s/ Michael A. Bernet
23 JEFFREY A. KOBULNICK, State Bar No. 228299
MICHAEL A. BERNET, State Bar No. 306657
24
Attorneys for Defendant and Counter- Claimant,
25 PRIMITIVE SKATEBOARDING, INC.
26
///
27
28 ///
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
Dated: April 29, 2021 Li liL—
4 | ON, MICHAEL R. WILNER
5 United States Magistrate Judge
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QTIPTIT ATR) PROTECTIVE ORTIDER
1
EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, [full name], of
5
[full address], declare under penalty of perjury that I have read in its entirety and
6
understand the Stipulated Protective Order that was issue by the United States District
7
Court for the Central District of California on _____________ [date] in the case of
8
L.A. T-Shirt & Print, Inc. v. Primitive Skateboarding, Inc., Case No. 2:20-cv-11129-
9
RGK-MRW. I agree to comply with and to be bound by all the terms of this
10
Stipulated Protective Order and I understand and acknowledge that failure to so
11
comply could expose me to sanctions and punishment in the nature of contempt. I
12
solemnly promise that I will not disclose in any manner any information or item that
13
is subject to this Stipulated Protective Order to any person or entity except in strict
14
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
19 termination of this action. I hereby appoint [full name] of
20 [full address and telephone number] as my
21 California agent for service of process in connection with this action or any
22 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
28