Paul E. Arlton v. Aerovironment, Inc.

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7 UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

9 PAUL E. ARLTON, an individual

and DAVID J. ARLTON, an Case No. 2:20-cv-07438-AB (GJSx)

10 individual,

11 Plaintiffs, [PROPOSED] ORDER

APPROVING STIPULATED

12 v. PROTECTIVE ORDER

13 AEROVIRONMENT, INC., a

Delaware corporation,

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Defendant.

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1. A. PURPOSES AND LIMITATIONS

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

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proprietary, trade secret, and/or private information for which special protection

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from public disclosure and from use for any purpose other than prosecuting this

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litigation may be warranted. Accordingly, the parties hereby stipulate to and

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petition the Court to enter the following Stipulated Protective Order. The parties

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acknowledge that this Order does not confer blanket protections on all disclosures or

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responses to discovery and that the protection it affords from public disclosure and

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use extends only to the limited information or items that are entitled to confidential

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treatment under the applicable legal principles.

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B. GOOD CAUSE STATEMENT

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This action, which relates to Defendant’s performance of various United States

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1 pricing information, contractor bid and proposal information, and other valuable

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

3 information, including information subject to the Procurement Integrity Act (41

4 U.S.C. §§ 2101-2107), and for which special protection from public disclosure and

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

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

7 confidential business or financial information, information regarding confidential

8 business practices, source selection and contractor bid or proposal information, or

9 other confidential research, development, or commercial information, information

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

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

12 decisions, contract(s) or common law. Accordingly, to expedite the flow of

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

14 discovery materials, to adequately protect information the parties are entitled to keep

15 confidential, to ensure that the parties are permitted reasonable necessary uses of

16 such material in preparation for and in the conduct of trial, to address their handling

17 at the end of the litigation, and serve the ends of justice, a protective order for such

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

19 will not be designated as confidential for tactical reasons and that nothing be so

20 designated without a good faith belief that it has been maintained in a confidential,

21 non-public manner, and there is good cause why it should not be part of the public

22 record of this case.

23 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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

25 Stipulated Protective Order does not entitle them to file confidential information

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

27 and the standards that will be applied when a party seeks permission from the court

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

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

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

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

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

6 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

7 require good cause showing), and a specific showing of good cause or compelling

8 reasons with proper evidentiary support and legal justification, must be made with

9 respect to Protected Material that a party seeks to file under seal. The parties’ mere

10 designation of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY

11 CONFIDENTIAL—ATTORNEYS’ EYES ONLY does not—without the

12 submission of competent evidence by declaration, establishing that the material

13 sought to be filed under seal qualifies as confidential, privileged, or otherwise

14 protectable—constitute good cause.

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

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

17 relief sought shall be narrowly tailored to serve the specific interest to be protected.

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

19 each item or type of information, document, or thing sought to be filed or introduced

20 under seal in connection with a dispositive motion or trial, the party seeking

21 protection must articulate compelling reasons, supported by specific facts and legal

22 justification, for the requested sealing order. Again, competent evidence supporting

23 the application to file documents under seal must be provided by declaration.

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

25 its entirety will not be filed under seal if the confidential portions can be redacted.

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

27 only the confidential, privileged, or otherwise protectable portions of the document,

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

2 2. DEFINITIONS

3 2.1 Action: Arlton v. AeroVironment, Inc., Case No. 2:20-cv-07438-AB

4 (GJSx).

5 2.2 Challenging Party: a Party or Non-Party that challenges the

6 designation of information or items under this Order.

7 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

9 protection under Federal Rule of Civil Procedure 26(c), and as specified above in

10 the Good Cause Statement. Certain limited types of “CONFIDENTIAL”

11 Information may be further designated, as defined and detailed below, as “HIGHLY

12 CONFIDENTIAL—ATTORNEYS’ EYES ONLY.”

13 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

14 their support staff).

15 2.5 Designating Party: a Party or Non-Party that designates information or

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

17 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY.”

18 2.6 Disclosure or Discovery Material: all items or information, regardless

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

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

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

22 2.7 Expert: a person with specialized knowledge or experience in a matter

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

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

25 2.8 “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY”

26 Information or Items: extremely sensitive “CONFIDENTIAL” Information or Items,

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

1 information and items includes, but is not limited to, pending patent application,

2 products currently in development and not yet commercially released, technical

3 specifications, documents regarding the design or development of the accused product

4 or system, current business/ strategic plans, future sales/financial projections, future

5 marketing plans, detailed sales and financial data, source selection information,

6 contractor bid and proposal information, or other highly sensitive or proprietary

7 competitive or financial information. Notwithstanding the foregoing, information

8 contained in one of these categories is not “HIGHLY CONFIDENTIAL—

9 ATTORNEYS’ EYES ONLY” merely because it relates to one or more of the

10 designated categories, but only if disclosure of such “CONFIDENTIAL” information

11 would create a substantial risk of serious harm that could not be avoided by less

12 restrictive means.

13 2.9 House Counsel: attorneys who are employees of a party to this Action.

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

15 counsel.

16 2.10 Non-Party: any natural person, partnership, corporation, association or

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

18 2.11 Outside Counsel of Record: attorneys who are not employees of a

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

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

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

22 2.12 Party: any party to this Action, including all of its officers, directors,

23 employees, consultants, and retained experts.

24 2.13 Producing Party: a Party or Non-Party that produces Disclosure or

25 Discovery Material in this Action.

26 2.14 Professional Vendors: persons or entities that provide litigation

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

1 and their employees and subcontractors.

2 2.15 Protected Material: any Disclosure or Discovery Material that is

3 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’

4 EYES ONLY.”

5 2.16 Receiving Party: a Party that receives Disclosure or Discovery

6 Material from a Producing Party.

7 3. SCOPE

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

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

10 extracted from Protected Material; (2) all copies, excerpts, summaries, or

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

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

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

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

15 4. DURATION

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

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

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

19 FINAL DISPOSITION of the action. The Parties may stipulate that they will be

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

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

22 proceedings in this case are complete.

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

24 CONFIDENTIAL or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY”

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

26 trial becomes public and will be presumptively available to all members of the

27 public, including the press, unless compelling reasons supported by specific factual

1 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing

2 documents produced in discovery from “compelling reasons” standard when merits-

3 related documents are part of court record). Accordingly, for such materials, the

4 terms of this protective order do not extend beyond the commencement of the trial.

5 5. DESIGNATING PROTECTED MATERIAL

6 5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

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

9 qualifies under the appropriate standards. The Designating Party must designate for

10 protection only those parts of material, documents, items or oral or written

11 communications that qualify so that other portions of the material, documents, items

12 or communications for which protection is not warranted are not swept unjustifiably

13 within the ambit of this Order.

14 Mass, indiscriminate or routinized designations are prohibited. Designations

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

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

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

18 Party to sanctions.

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

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

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

22 other Parties that it is withdrawing the inapplicable designation.

23 5.2 Manner and Timing of Designations. Except as otherwise provided in

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

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

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

27 produced.

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

2 but excluding transcripts of depositions or other pretrial or trial proceedings), that the

3 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY

4 CONFIDENTIAL—ATTORNEYS’ EYES ONLY” (hereinafter the

5 “CONFIDENTIAL legend” or the “HIGHLY CONFIDENTIAL—ATTORNEYS’

6 EYES ONLY legend,” respectively), to each page that contains protected material. If

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

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

9 markings in the margins).

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

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

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

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

14 deemed “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” After the

15 inspecting Party has identified the documents it wants copied and produced, the

16 Producing Party must determine which documents, or portions thereof, qualify for

17 protection under this Order. Then, before producing the specified documents, the

18 Producing Party must affix the “CONFIDENTIAL legend” or “HIGHLY

19 CONFIDENTIAL—ATTORNEYS’ EYES ONLY legend” to each page that

20 contains Protected Material. If only a portion of the material on a page qualifies for

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

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

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

24 the Disclosure or Discovery Material on the record, before the close of the

25 deposition all protected testimony, and specifies the level of protection being

26 asserted. Transcripts containing Protected Material shall have an obvious legend on

27 the title page that the transcript contains Protected Material, and the title page shall

1 been designated as Protected Material and the level of protection being asserted by

2 the Designating Party. The Designating Party shall inform the court reporter of these

3 requirements.

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

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

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

7 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’

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

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

10 and specify the level of protection being asserted.

11 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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

16 Order.

17 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

18 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

20 Scheduling Order.

21 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

22 resolution process under Local Rule 37.1 et seq.

23 6.3 Burden of Persuasion. The burden of persuasion in any such challenge

24 proceeding shall be on the Designating Party. Frivolous challenges, and those made

25 for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens

26 on other parties) may expose the Challenging Party to sanctions. Unless the

27 Designating Party has waived or withdrawn the confidentiality designation, all parties

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

2 challenge.

3 7. ACCESS TO AND USE OF PROTECTED MATERIAL

4 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

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

10 DISPOSITION).

11 Protected Material must be stored and maintained by a Receiving Party at a

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

13 authorized under this Order.

14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

16 Receiving Party may disclose any information or item designated “CONFIDENTIAL”

17 only to:

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

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

20 necessary to disclose the information for this Action;

21 (b) the officers, directors, and employees (including House Counsel) of

22 the Receiving Party to whom disclosure is reasonably necessary for this Action and

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

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

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

26 “Acknowledgment and Agreement to Be Bound” (Exhibit A), and subject to

27 compliance with Section 7.4;

1 (e) court reporters and their staff and who have signed the

2 “Acknowledgement and Agreement to Be Bound” (Exhibit A);

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

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

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

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

7 custodian or other person who otherwise possessed or knew the information;

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

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

10 requests that the witness sign the “Acknowledgment and Agreement to Be Bound”

11 (Exhibit A); and (2) they will not be permitted to keep any confidential information

12 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A),

13 unless otherwise agreed by the Designating Party or ordered by the court. Pages of

14 transcribed deposition testimony or exhibits to depositions that reveal Protected

15 Material may be separately bound by the court reporter and may not be disclosed to

16 anyone except as permitted under this Stipulated Protective Order; and

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

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

19 7.3 Disclosure of “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES

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

21 writing by the Designating Party, a Receiving Party may disclose any information or

22 item designated “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” to

23 the same categories of persons listed with respect to “CONFIDENTIAL Information

24 or Items” in Sections 7.2(a), (c)-(i) above, but in any event, not information or item

25 designated “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” may be

26 disclosed to the Receiving Party’s officers, directors, and employees (including

27 House Counsel).

1 according to Section 7.2(c) or 7.3(b) shall provide all Parties with the identity,

2 professional address, and curriculum vitae (which shall include an identification of

3 all current and past four years of employment and consulting relationships,

4 including an identification of litigation deposition and trial testimony, the case in

5 which it was given, and the party on whose behalf the Expert was retained) of such

6 Expert at least ten (10) business days prior to the first disclosure of any Protected

7 Information to such Expert. If a Party objects to disclosure of the Protected

8 Information to the Expert, it shall make its objections known in writing, in detail,

9 within such period. A Party that receives a timely written objection must meet and

10 confer with the objecting Party to try to resolve the matter by agreement within ten

11 (10) business days of the written objection. If no agreement is reached, the Party

12 seeking to make the disclosures to the Expert may file a motion as provided in Local

13 Civil Rule 37 (and in compliance with Local Civil Rule 79-5, if applicable) seeking

14 permission from the Court to do so.

15 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

16 IN OTHER LITIGATION

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

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

19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES

20 ONLY” that Party must:

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

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

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

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

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

26 a copy of this Stipulated Protective Order; and

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

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

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

3 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’

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

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

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

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

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

9 directive from another court.

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

11 PRODUCED IN THIS LITIGATION

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

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

14 CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” Such information produced by

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

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

17 prohibiting a Non-Party from seeking additional protections.

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

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

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

21 confidential information, then the Party shall:

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

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

24 agreement with a Non-Party;

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

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

27 specific description of the information requested; and

1 Non-Party, if requested.

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

3 14 days of receiving the notice and accompanying information, the Receiving Party

4 may produce the Non-Party’s confidential information responsive to the discovery

5 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

6 not produce any information in its possession or control that is subject to the

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

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

9 expense of seeking protection in this court of its Protected Material.

10 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

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

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

19 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

20 PROTECTED MATERIAL

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

22 inadvertently produced material is subject to a claim of privilege or other protection,

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

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

25 procedure may be established in an e-discovery order that provides for production

26 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

27 (e), insofar as the parties reach an agreement on the effect of disclosure of a

1 product protection, the parties may incorporate their agreement in the stipulated

2 protective order submitted to the court.

3 12. MISCELLANEOUS

4 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

6 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

11 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

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

14 specific Protected Material at issue. If a Party’s request to file Protected Material

15 under seal is denied by the court, then the Receiving Party may file the information

16 in the public record unless otherwise instructed by the court.

17 13. FINAL DISPOSITION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7 || Section 4 (DURATION).

8 || 14. MIOLATION

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

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

11

12 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

13 Dated: August 6, 2021 BARNES & THORNBURG LLP

14 By: _/s/ Roya Rahmanpour

Deborah Pollack-Milgate

15 Joseph L. Fehribach

Seth A. Gold

16 Roya Rahmanpour |

Jonathan J. Boustani

17 Attorneys for Plaintiffs Paul E. Artlton and

ig David J. Arlton

Dated: August 6, 2021 K&L GATES LLP

19

By: _/s/ Zachary T. Timm

20 Christina N. Goodrich

Zachary T. Timm

21 Attorneys for Defendant AeroVironment, Inc

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

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25 || DATED: ___ August 9, 2021

HON. GAIL J. STANDISH

26 United States Magistrate Judge

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

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

5 __________________________ [print or type full address], declare under penalty of

6 perjury that I have read in its entirety and understand the Stipulated Protective Order

7 that was issued by the United States District Court for the Central District of

8 California on [date] in the case of Arlton v. Aerovironment, Inc. (Case No. 2:20-cv-

9 07438-AB (GJSx)). 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 for the

16 Central District of California for enforcing the terms of this Stipulated Protective

17 Order, even if such enforcement proceedings occur after termination of this action.

18 I hereby appoint __________________________ [print or type full name] of

19 _______________________________________ [print or type full address and

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

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

22 Order.

23 Date: ______________________________________

24 City and State where sworn and signed: _________________________________

25

26 Printed name: _______________________________

27