Wham O Holding, Ltd. v. Tandem Boogie, LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

SOUTHERN DIVISION

WHAM-O HOLDING, LTD., a Hong Case No. 8:21-cv-00251-CJC-JDE

Kong limited company,

Plaintiff,

STIPULATED PROTECTIVE

v. ORDER

TANDEM BOOGIE, LLC, a California

[Note Changes by the Court]

limited liability company

Defendant.

Based on the parties’ Stipulation (Dkt. 17) and the applicable authorities,

and for good cause shown, the Court finds and orders as follows.

1. PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve

production of confidential, proprietary, or private information for which special

protection from public disclosure and from use for any purpose other than

prosecuting this litigation may be warranted. Accordingly, the parties hereby

stipulate to and petition the court to enter the following Stipulated Protective Order.

The parties acknowledge that this Order does not confer blanket protections on all

disclosures or responses to discovery and that the protection it affords from public

to confidential treatment under the applicable legal principles.

2. GOOD CAUSE STATEMENT

This action is likely to involve financial and/or proprietary information

between competitors for which special protection from public disclosure and from

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

confidential and proprietary materials and information consist of, among other

things, confidential business or financial information and information otherwise

generally unavailable to the public. Accordingly, to expedite the flow of

information, to facilitate the prompt resolution of disputes over confidentiality of

discovery materials, to adequately 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 serve the ends of justice, a protective order

for such information is justified in this matter. It is the intent of the parties that

information will not be designated as confidential for tactical reasons and that

nothing be so designated without a good faith belief that it 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.

3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE

The parties further acknowledge, as set forth in Section 14.3, below, that this

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. 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, good cause must be shown to support a filing under seal. See

Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),

Welbon v. Sony Electrics, 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 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.

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

the relief sought shall be narrowly tailored to serve the specific interest to be

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, the party seeking protection must articulate compelling

reasons, supported by specific facts and legal justification, for the requested sealing

order. Again, competent evidence supporting the application to file documents

under seal must be provided by declaration.

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. If documents can be redacted, then a redacted version for public viewing,

omitting 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 entirety should include an explanation of why redaction is not feasible.

4. DEFINITIONS

4.1. Challenging Party: a Party or Non-Party that challenges the

designation of information or items under this Order.

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

the Good Cause Statement.

4.3. Counsel (without qualifier): Outside Counsel of Record.

4.4. Designating Party: a Party or Non-Party that designates information

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

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY.”

4.5. Disclosure or Discovery Material: all items or information, regardless

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

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

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

4.6. Expert: a person with specialized knowledge or experience in a

matter pertinent to the litigation who (1) has been retained by a Party or its counsel

to serve as an expert witness or as a consultant in this action, (2) is not a past or

current employee of a Party or of a Party’s competitor, and (3) at the time of

retention, is not anticipated to become an employee of a Party or of a Party’s

competitor.

4.7. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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

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.

4.8. Non-Party: any natural person, partnership, corporation, association,

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

4.9. Outside Counsel of Record: attorneys who are not employees of a

party to this action but are retained to represent or advise a party to this action and

which has appeared on behalf of that party.

4.10. Party: any party to this action, including all of its officers, directors,

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

support staffs).

4.11. Producing Party: a Party or Non-Party that produces Disclosure or

Discovery Material in this action.

4.12. Professional Vendors: persons or entities that provide litigation

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

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

and their employees and subcontractors.

4.13. Protected Material: any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY.”

4.14. Receiving Party: a Party that receives Disclosure or Discovery

Material from a Producing Party.

5. SCOPE

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

compilations of Protected Material; and (3) any testimony, conversations, or

presentations by Parties or their Counsel that might reveal Protected Material.

However, the protections conferred by this Stipulation and Order do not cover the

following information: (a) any information that is in the public domain at the time

of disclosure to a Receiving Party or becomes part of the public domain after its

disclosure to a Receiving Party as a result of publication not involving a violation of

this Order, including becoming part of the public record through trial or otherwise;

and (b) any information known to the Receiving Party prior to the disclosure or

information lawfully and under no obligation of confidentiality to the Designating

Party. Any use of Protected Material at trial shall be governed by a separate

agreement or order.

6. DURATION

Even after final disposition of this litigation, the confidentiality obligations

imposed by this Order shall remain in effect until a Designating Party agrees

otherwise in writing or a court order otherwise directs. Final disposition shall be

deemed to be the later of (1) dismissal of all claims and defenses in this action, with

or without prejudice; and (2) final judgment herein after the completion and

exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

including the time limits for filing any motions or applications for extension of time

pursuant to applicable law.

7. DESIGNATING PROTECTED MATERIAL

7.1. Exercise of Restraint and Care in Designating Material for Protection.

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

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

qualifies under the appropriate standards. To the extent it is practical to do so, 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, items, or communications for which

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

Order.

Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

to impose unnecessary expenses and burdens on other parties) expose the

Designating Party to sanctions.

designated for protection do not qualify for protection at all or do not qualify for the

level of protection initially asserted, that Designating Party must promptly notify all

other parties that it is withdrawing the mistaken designation.

7.2. Manner and Timing of Designations. Except as otherwise provided in

this Order (see, e.g., second paragraph of Section 7.2(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

produced.

Designation in conformity with this Order requires:

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

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

proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that

contains protected material. If only a portion or portions 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) and

must specify, for each portion, the level of protection being asserted.

A Party or Non-Party that makes original documents or materials available for

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

indicated which material it would like copied and produced. During the inspection

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

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

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

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

producing the specified documents, the Producing Party must affix the appropriate

legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY”) to each page that contains Protected Material. If only a portion or

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

in the margins) and must specify, for each portion, the level of protection being

asserted.

(b) for testimony given in deposition proceedings, that the

Designating Party identify on the record, before the close of the deposition all

protected testimony and specify the level of protection being asserted. When it is

impractical to identify separately each portion of testimony that is entitled to

protection and it appears that substantial portions of the testimony may qualify for

protection, the Designating Party may invoke on the record (before the deposition

is concluded) a right to have up to 21 days to identify the specific portions of the

testimony as to which protection is sought and to specify the level of protection

being asserted. Only those portions of the testimony that are appropriately

designated for protection within the 21 days shall be covered by the provisions of

this Stipulated Protective Order. Alternatively, a Designating Party may specify, at

the deposition or up to 21 days afterwards if that period is properly invoked, that

the entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

Parties shall give the other parties notice if they reasonably expect a deposition

to include Protected Material so that the other parties can ensure that only authorized

individuals who have signed the “Acknowledgment and Agreement to Be Bound”

(Exhibit A) are present at those proceedings. The use of a document as an exhibit at

a deposition shall not in any way affect its designation as “CONFIDENTIAL” or

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

Deposition transcripts containing Protected Material shall have an obvious

legend on the title page that the transcript contains Protected Material, and the title

page shall be followed by a list of all pages (including line numbers as appropriate)

that have been designated as Protected Material and the level of protection being

reporter of these requirements. Any transcript that is prepared before the expiration

of a 21-day period for designation shall be treated during that period as if it had been

designated “CONFIDENTIAL” in its entirety unless otherwise agreed. After the

expiration of that period, the transcript shall be treated only as actually designated.

(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 or

item is stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY.” If only a portion or portions of the information or

item warrant protection, the Producing Party, to the extent practicable, shall

identify the protected portion(s) and specify the level of protection being asserted.

7.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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.

8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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

designation of confidentiality at any time that is consistent with the Court’s

Scheduling Order.

8.2. Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37-1 et seq.

8.3. Joint Stipulation. Any challenge submitted to the Court shall be via a

joint stipulation pursuant to Local Rule 37-2.

8.4. The burden of persuasion in any such challenge proceeding shall be

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

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

challenge.

9. ACCESS TO AND USE OF PROTECTED MATERIAL

9.1. Basic Principles. A Receiving Party may use Protected Material that

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

case only for prosecuting, defending, or attempting to settle this litigation. Such

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

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

Receiving Party must comply with the provisions of Section 15 below (FINAL

DISPOSITION).

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.

9.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless

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:

(a) the Receiving Party’s Outside Counsel of Record in this action,

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

necessary to disclose the information for this litigation;

(b) the officers, directors, attorneys, and employees of the

Receiving Party to whom disclosure is reasonably necessary for this litigation and

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

whom disclosure is reasonably necessary for this litigation and who have signed

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

(d) the court and its personnel;

(e) court reporters and their staff;

(f) professional jury or trial consultants, and Professional Vendors

to whom disclosure is reasonably necessary for this litigation and who have signed

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

(g) during their depositions, witnesses in the action to whom

disclosure is reasonably necessary and who have signed the “Acknowledgment and

Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating

Party or ordered by the court. Pages of transcribed deposition testimony or

exhibits to depositions that reveal Protected Material must be separately bound by

the court reporter and may not be disclosed to anyone except as permitted under

this Stipulated Protective Order;

(h) the author or recipient of a document containing the

information or a custodian or other person who otherwise possessed or knew the

information.

9.3. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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

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

information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY” only to:

(a) the Receiving Party’s Outside Counsel of Record in this action,

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

necessary to disclose the information for this litigation;

(b) Experts of the Receiving Party (1) to whom disclosure is

reasonably necessary for this litigation, (2) who have signed the “Acknowledgment

forth in paragraph 9.4(a), below, have been followed];

(c) the court and its personnel;

(d) court reporters and their staff;

(e) professional jury or trial consultants, and Professional Vendors

to whom disclosure is reasonably necessary for this litigation and who have signed

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

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

information or a custodian or other person who otherwise possessed or knew the

information.

9.4. Procedures for Objecting to Disclosure of “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information to Experts.

(a) Unless otherwise ordered by the court or agreed to in writing by

the Designating Party, a Party that seeks to disclose to an Expert (as defined in this

Order) any information or item that has been designated “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” first must make a written

request to the Designating Party that (1) sets forth the full name of the Expert and

the city and state of his or her primary residence, (2) attaches a copy of the

Expert’s current resume, (3) identifies the Expert’s current employer(s), (4)

identifies each person or entity from whom the Expert has received compensation

or funding for work in his or her areas of expertise or to whom the expert has

provided professional services, including in connection with a litigation, at any

time during the preceding five years, and (5) identifies (by name and number of

the case, filing date, and location of court) any litigation in connection with which

the Expert has offered expert testimony, including through a declaration, report, or

testimony at a deposition or trial, during the preceding five years.

(b) A Party that makes a request and provides the information

specified in the preceding respective paragraphs may disclose the subject Protected

the Party receives a written objection from the Designating Party. Any such

objection must set forth in detail the grounds on which it is based.

(c) A Party that receives a timely written objection and disputes the

objection must meet and confer in conformity with Local Civil Rule 37-1. If no

agreement is reached, the Party seeking to prevent the disclosure to the Expert

must proceed under Local Rule 37-1, et seq. Any subsequent such motion or joint

stipulation must describe the circumstances with specificity, set forth in detail the

reasons why the disclosure to the Expert should not be permitted, assess the risk of

harm that the disclosure would entail, and suggest any additional means that could

be used to reduce that risk. In addition, any such motion/joint stipulation must be

accompanied by a competent declaration describing the parties’ efforts to resolve

the matter by agreement (i.e., the extent and the content of the meet and confer

discussions) and setting forth the reasons advanced by the Designating Party for its

refusal to approve the disclosure.

In any such proceeding, the Party opposing disclosure to the Expert shall bear

the burden of proving that the risk of harm that the disclosure would entail (under

the safeguards proposed) outweighs the Receiving Party’s need to disclose the

Protected Material to its Expert.

10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

IN OTHER LITIGATION

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

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY” that Party must:

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

notification shall include a copy of the subpoena or court order;

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 a copy of this Stipulated Protective Order; and

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

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

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

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

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

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

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

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

construed as authorizing or encouraging a Receiving Party in this action to disobey

a lawful directive from another court.

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

PRODUCED IN THIS LITIGATION

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

by a Non-Party in this action and designated as “CONFIDENTIAL” or “HIGHLY

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.

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

request, to produce a Non-Party’s confidential information in its possession, and

the Party is subject to an agreement with the Non-Party not to produce the Non-

Party’s confidential information, then the Party shall:

Non-Party that some or all of the information requested is subject to a

confidentiality agreement with a Non-Party;

2. promptly provide the Non-Party with a copy of the

Stipulated Protective Order in this litigation, the relevant discovery request(s), and

a reasonably specific description of the information requested; and

3. make the information requested available for inspection

by the Non-Party.

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

within 14 days of receiving the notice and accompanying information, the

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

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 bear the burden and expense of seeking protection in this court of its

Protected Material.

12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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 and

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

/ / /

/ / /

PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain

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 Rule of Civil

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

may be established in an e-discovery order that provides for 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 of a communication or

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

parties may incorporate their agreement in the stipulated protective order submitted

to the court.

14. MISCELLANEOUS

14.1. Right to Further Relief. Nothing in this Order abridges the right of

any person to seek its modification by the court in the future.

14.2. 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

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

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

Order.

14.3. Filing Protected Material. Without written permission from the

Designating Party or a court order secured after appropriate notice to all interested

persons, a Party may not file in the public record in this action any 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.

15. FINAL DISPOSITION

Counsel are entitled to retain an archival copy of all pleadings, motion papers,

trial, 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 Order as set forth in Section 6 (DURATION). Unless all parties agree

otherwise, after the final disposition of this Action, as defined in paragraph 6, within

60 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

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

Receiving Party must submit a written certification to the Producing Party (and, if

not the same person or entity, to the Designating Party) by the 60-day deadline that

(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

copies, abstracts, compilations, summaries or any other format reproducing or

capturing any of the Protected Material.

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

DATED: August 06, 2021 AE.

Ip D. EARLY :

ited States Magistrate Judgé

-17-

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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 Wham-O Holding Ltd. v. Tandem Boogie LLC, Case No.

8:21-cv-00251 (C.D. Cal.). I agree to comply with and to be bound by all the terms

of this Stipulated Protective Order and I understand and acknowledge that failure to

so comply could expose me to sanctions and punishment in the nature of contempt.

I solemnly promise that I will not disclose in any manner any information or item

that is subject to this Stipulated Protective Order to any person or entity except in

strict compliance with the provisions of this Order.

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

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

Stipulated Protective Order, even if such enforcement proceedings occur after

termination of this action.

Date: _________________________________

City and State where sworn and signed: _________________________________

Printed name: ______________________________

[printed name]

Signature: __________________________________

[signature]