Marantz Brothers, LLC v. Tate & Lyle Ingredients Americas LLC

1 DARREN S. ENENSTEIN (SBN 195894)

dse@enensteinlaw.com

2 NED M. GELHAAR (SBN 163185)

ngelhaar@enensteinlaw.com

3 TALIA M. RYBAK (SBN 319031)

trybak@enensteinlaw.com

4

ENENSTEIN PHAM & GLASS, LLP

5 12121Wilshire Boulevard, Suite 600

Los Angeles, California 90025

6

Tel (310) 899-2070

7 Attorneys for Plaintiff Marantz

Brothers, Inc. d/b/a Cooperative Purchasers

8

JENNIFER A. JACKSON (SBN 192998)

9

jjackson@bclplaw.com

10 David Harford (SBN: 270696)

david.harford@bclplaw.com

11

BRYAN CAVE LEIGHTON PAISNER LLP

12 120 Broadway, Suite 300

Santa Monica, California 90401

13 Tel (310) 576-2100

Attorneys for Defendants

14

Tate & Lyle Ingredients Americas LLC,

15 Vincent Pinneri, and Perry Tessitore

16 UNITED STATES DISTRICT COURT

17 CENTRAL DISTRICT OF CALIFORNIA

18

MARANTZ BROTHERS, LLC d/b/a Case No. 2:20-cv-00317 PSG (AFMx)

19 COOPERATIVE PURCHASERS,

a California limited liability company,

20 STIPULATION AMENDING

Plaintiff,

21 PROTECTIVE ORDER AND

PROPOSED AMENDED PROTECTIVE

22 vs. ORDER

23 TATE & LYLE INGREDIENTS

AMERICAS LLC, a Delaware Limited

24 Liability Company; VINCENT

PINNERI, an individual; PERRY

25

TESSITORE, an individual; and DOES

26 1 through 10, inclusive;

27 Defendants.

1 1. PURPOSES AND LIMITATIONS

2 Discovery in this action was already likely to involve production of

3 confidential, proprietary or private information for which special protection from

4 public disclosure and from use for any purpose other than pursuing this litigation

5 may be warranted. However, the addition of claims under section 1 of the Sherman

6 Antitrust Act by Plaintiff Marantz Brothers, LLC dba Cooperative Partners (“Co-

7 Op”) in its Third Amended Complaint filed on May 14, 2021 (Dkt. 107) has

8 increased the likelihood that discovery in this action involves sensitive competitive

9 information. Accordingly, Co-Op and Defendant Tate and Lyle Ingredients,

10 Americas, LLC. (“T&L”) (concurrently “Parties”) hereby stipulate to and petition

11 the Court to amend the existing Protective Order, approved by this Court on August

12 14, 2021 (Dkt. 65) and enter the following Stipulated Amended Protective Order.

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

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

15 disclosure and use extends only to the limited information or items that are entitled

16 to confidential treatment under the applicable legal principles.

17 2. GOOD CAUSE STATEMENT

18 Prior to the addition of Co-Op’s antitrust claims, this action involved trade

19 secrets, including pricing lists and/or other proprietary information for which special

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

21 prosecution of this action is warranted. Now, after the addition of Co-Op’s antitrust

22 claims, this action involves further competitive information. Such confidential and

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

24 business or financial information, information regarding confidential business

25 practices, confidential price lists, other confidential research and development of

26 ingredients, or commercial information (including information implicating privacy

27 rights of third parties), pricing strategies, analyses of competitors, competitive

28 performance assessments, and other competitive and sensitive information,

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

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

3 decisions, or common law.

4 Moreover, Co-Op negotiated with a third party ingredients distributor, Caldic

5 B.V. (“Caldic”) regarding the acquisition of Co-Op under a nondisclosure agreement

6 (“NDA”), which broadly covered all aspects of the negotiation, including the

7 existence of the negotiation itself. The negotiations lead to Caldic’s purchase of Co-

8 Op’s assets in or around October 2018, which is a matter of public record. However,

9 under the terms of the sale documents (“Asset Purchase Agreement”), Co-Op’s

10 confidentiality obligations continue indefinitely. This acquisition is at the heart of

11 Co-Op’s complaint against Defendants. As such, Co-Op filed both its Complaint and

12 First Amended Complaint under seal. [Docket 1-3 and Docket 28-29]. As such, Co-

13 Op submits that there is good cause to protect Caldic’s and Co-Op’s confidential

14 information with a protective order.

15 Similarly, the facts added in Co-Op’s Third Amended Complaint (Dkt. 107)

16 comprehend allegations involving third parties Quest Nutrition, LLC (“Quest”), a

17 manufacturer of food products; Anderson Global Group (“AGG”), a distributor of

18 food ingredients; and Bai Long Chuan (“BLCY”), a Chinese manufacturer of food

19 ingredients. Discovery in this matter may involve sensitive and competitive

20 information belonging to the aforementioned third parties. Thus, the Parties submit

21 that there is good cause to protect the third parties Caldic, Quest, AGG, and BLCY’s

22 confidential information with a protective order.

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

24 resolution of disputes over confidentiality of discovery materials, to adequately

25 protect information the parties are entitled to keep confidential, to ensure that the

26 parties are permitted reasonable necessary uses of such material in preparation for

27 and in the conduct of trial, to address their handling at the end of the litigation, and

28 serve the ends of justice, a protective order for such information is justified in this

1 matter. It is the intent of the parties that information will not be designated as

2 confidential for tactical reasons and that nothing be so designated without a good

3 faith belief that it has been maintained in a confidential, non-public manner, and

4 there is good cause why it should not be part of the public record of this case.

5 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE

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

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

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

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

10 to file material under seal. There is a strong presumption that the public has a right

11 of access to judicial proceedings and records in civil cases. In connection with non-

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

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

14 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-

15 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even

16 stipulated protective orders require good cause showing), and a specific showing of

17 good cause or compelling reasons with proper evidentiary support and legal

18 justification, must be made with respect to Protected Material that a party seeks to

19 file under seal. The parties’ mere designation of Disclosure or Discovery Material

20 as CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

21 ONLY does not—without the submission of competent evidence by declaration,

22 establishing that the material sought to be filed under seal qualifies as confidential,

23 privileged, or otherwise protectable—constitute good cause.

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

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

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

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

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

1 under seal, the party seeking protection must articulate compelling reasons,

2 supported by specific facts and legal justification, for the requested sealing order.

3 Again, competent evidence supporting the application to file documents under seal

4 must be provided by declaration.

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

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

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

8 the confidential, privileged, or otherwise protectable portions of the document, shall

9 be filed. Any application that seeks to file documents under seal in their entirety

10 should include an explanation of why redaction is not feasible.

11 4. DEFINITIONS

12 4.1 Action: Case No. 2:20-cv-00317 PSG (AFMx).

13 4.2 Challenging Party: a Party or Non-Party that challenges the designation of

14 information or items under this Order.

15 4.3 “CONFIDENTIAL” Information or Items: information (regardless of how

16 it is generated, stored or maintained) or tangible things that qualify for protection

17 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

18 Cause Statement.

19 4.3a “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”

20 Information or Items: extremely sensitive “CONFIDENTIAL” Information or

21 Items, the disclosure of which to another Party or Non-Party would create a

22 substantial risk of serious harm that could not be avoided by less restrictive means.

23 4.4 Counsel: Counsel of Record (as well as their support staff).

24 4.5 Designating Party: a Party or Non-Party that designates information or

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

26 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

27 ONLY.”

28 4.6 Disclosure or Discovery Material: all items or information, regardless of

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

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

3 generated in disclosures or responses to discovery.

4 4.7 Expert: a person with specialized knowledge or experience in a matter

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

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

7 4.8 House Counsel: attorneys who are employees of a party to this Action.

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

9 counsel.

10 4.9 Non-Party: any natural person, partnership, corporation, association or

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

12 4.10 Outside Counsel of Record: attorneys who are not employees of a party

13 to this Action but are retained to represent a party to this Action and have appeared

14 in this Action on behalf of that party or are affiliated with a law firm that has

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

16 4.11 Party: any party to this Action, including all of its officers, directors,

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

18 support staffs).

19 4.12 Producing Party: a Party or Non-Party that produces Disclosure or

20 Discovery Material in this Action.

21 4.13 Professional Vendors: persons or entities that provide litigation support

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

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

24 and their employees and subcontractors.

25 4.14 Protected Material: any Disclosure or Discovery Material that is

26 designated as “CONFIDENTIAL.”

27 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material

28 from a Producing Party.

1 5. SCOPE

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

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

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

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

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

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

8 trial judge and other applicable authorities. This Order does not govern the use of

9 Protected Material at trial.

10 6. DURATION

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

12 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

13 as an exhibit at trial becomes public and will be presumptively available to all

14 members of the public, including the press, unless compelling reasons supported by

15 specific factual findings to proceed otherwise are made to the trial judge in advance

16 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

17 showing for sealing documents produced in discovery from “compelling reasons”

18 standard when merits-related documents are part of court record). Accordingly, the

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

20 7. DESIGNATING PROTECTED MATERIAL

21 7.1 Exercise of Restraint and Care in Designating Material for Protection.

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

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

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

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

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

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

28 within the ambit of this Order.

1 Mass, indiscriminate or routinized designations are prohibited. Designations

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

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

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

5 Party to sanctions.

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

7 designated for protection do not qualify for protection that Designating Party must

8 promptly notify all other Parties that it is withdrawing the inapplicable designation.

9 7.2 Manner and Timing of Designations.

10 Except as otherwise provided in this Order, or as otherwise stipulated or

11 ordered, Disclosure of Discovery Material that qualifies for protection under this

12 Order must be clearly so designated before the material is disclosed or produced.

13 Designation in conformity with this Order requires:

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

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

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

17 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY

18 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” (hereinafter “HIGHLY

19 CONFIDENRIAL – ATTORNEYS’ EYES ONLY legend”), to each page that

20 contains protected material. If only a portion of the material on a page

21 qualifies for protection, the Producing Party also must clearly identify the

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

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

24 inspection need not designate them for protection until after the inspecting

25 Party has indicated which documents it would like copied and produced.

26 During the inspection and before the designation, all of the material made

27 available for inspection shall be deemed “CONFIDENTIAL.” After the

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

1 the Producing Party must determine which documents, or portions thereof,

2 qualify for protection under this Order. Then, before producing the specified

3 documents, the Producing Party must affix the “CONFIDENTIAL legend” or

4 the “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY legend” to

5 each page that contains Protected Material. If only a portion of the material

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

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

8 margins).

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

10 identifies the Disclosure or Discovery Material on the record, before the close

11 of the deposition, all protected testimony.

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

13 for any other tangible items, that the Producing Party affix in a prominent

14 place on the exterior of the container or containers in which the information

15 is stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL --

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

17 information warrants protection, the Producing Party, to the extent

18 practicable, shall identify the protected portion(s).

19 7.3 Inadvertent Failures to Designate.

20 If timely corrected, an inadvertent failure to designate qualified information

21 or items does not, standing alone, waive the Designating Party’s right to secure

22 protection under this Order for such material. Upon timely correction of a

23 designation, the Receiving Party must make reasonable efforts to assure that the

24 material is treated in accordance with the provisions of this Order.

25 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

26 8.1. Timing of Challenges.

27 Any Party or Non-Party may challenge a designation of confidentiality at any

28 time that is consistent with the Court’s Scheduling Order.

1 8.2 Meet and Confer.

2 The Challenging Party shall initiate the dispute resolution process under Local

3 Rule 37-1 et seq.

4 8.3 Joint Stipulation.

5 Any challenge submitted to the Court shall be via a joint stipulation pursuant

6 to Local Rule 37-2.

7 8.4 The burden of persuasion in any such challenge proceeding shall be on the

8 Designating Party.

9 Frivolous challenges, and those made for an improper purpose (e.g., to harass

10 or impose unnecessary expenses and burdens on other parties) may expose the

11 Challenging Party to sanctions. Unless the Designating Party has waived or

12 withdrawn the confidentiality designation, all parties shall continue to afford the

13 material in question the level of protection to which it is entitled under the Producing

14 Party’s designation until the Court rules on the challenge.

15 9. ACCESS TO AND USE OF PROTECTED MATERIAL

16 9.1 Basic Principles.

17 A Receiving Party may use Protected Material that is disclosed or produced

18 by another Party or by a Non-Party in connection with this Action only for

19 prosecuting, defending or attempting to settle this Action. Such Protected Material

20 may be disclosed only to the categories of persons and under the conditions

21 described in this Order. When the Action has been terminated, a Receiving Party

22 must comply with the provisions of section 15 below (FINAL DISPOSITION).

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

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

25 authorized under this Order.

26 9.2 Disclosure of “CONFIDENTIAL” Information or Items.

27 Unless otherwise ordered by the court or permitted in writing by the

28 Designating Party, a Receiving Party may disclose any information or item

1 designated “CONFIDENTIAL” only to:

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

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

4 necessary to disclose the information for this Action;

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

6 the Receiving Party to whom disclosure is reasonably necessary for this

7 Action;

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

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

10 “Acknowledgment and Agreement to Be Bound,” which is attached hereto as

11 Exhibit “A;”

12 (d) the court and its personnel;

13 (e) court reporters and their staff;

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

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

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

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

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

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

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

21 deposing party requests that the witness sign the form attached as Exhibit A

22 hereto; and (2) they will not be permitted to keep any confidential information

23 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit

24 A), unless otherwise agreed by the Designating Party or ordered by the court.

25 Pages of transcribed deposition testimony or exhibits to depositions that

26 reveal Protected Material may be separately bound by the court reporter and

27 may not be disclosed to anyone except as permitted under this Stipulated

28 Protective Order; and

1 (i) any mediators or settlement officers and their supporting personnel,

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

3 9.3 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

4 ONLY” Information or Items.

5 Unless otherwise ordered by the court or permitted in writing by the

6 Designating Party, a Receiving Party may disclose any information or item

7 designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

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

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

10 necessary to disclose the information for this Action;

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

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

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

14 (c) the court and its personnel;

15 (d) private court reporters and their staff to whom disclosure is

16 reasonably necessary for this Action and who have signed the

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

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

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

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

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

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

23 and

24 (g) any mediator or settlement officer, and their supporting personnel,

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

26 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED

27 PRODUCED IN OTHER LITIGATION

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

1 litigation that compels disclosure of any information or items designated in this

2 Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’

3 EYES ONLY,” that Party must:

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

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

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

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

8 the subpoena or order is subject to this Protective Order. Such notification

9 shall include a copy of this Stipulated Protective Order; and

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

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

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

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

14 this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL --

15 ATTORNEYS’ EYES ONLY” before a determination by the court from

16 which the subpoena or order issued, unless the Party has obtained the

17 Designating Party’s permission. The Designating Party shall bear the burden

18 and expense of seeking protection in that court of its confidential material and

19 nothing in these provisions should be construed as authorizing or encouraging

20 a Receiving Party in this Action to disobey a lawful directive from another

21 court.

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

23 PRODUCED IN THIS LITIGATION

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

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

26 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information

27 produced by Non-Parties in connection with this litigation is protected by the

28 remedies and relief provided by this Order. Nothing in these provisions should

1 be construed as prohibiting a Non-Party from seeking additional protections.

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

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

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

5 Party’s confidential information, then the Party shall:

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

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

8 confidentiality agreement with a Non-Party;

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

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

11 reasonably specific description of the information requested; and

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

13 the Non-Party, if requested.

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

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

16 the Receiving Party may produce the Non-Party’s confidential

17 information responsive to the discovery request. If the Non-Party

18 timely seeks a protective order, the Receiving Party shall not produce

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

20 confidentiality agreement with the Non-Party before a determination by

21 the court. Absent a court order to the contrary, the Non-Party shall bear

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

23 Protected Material.

24 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

2 or persons to whom unauthorized disclosures were made of all the terms of this

3 Order, and (d) request such person or persons to execute the “Acknowledgment an

4 Agreement to Be Bound” attached hereto as Exhibit A.

5 13. INADVERTENT PRODUCTION OF PRIVILEGED OR

6 OTHERWISE PROTECTED MATERIAL

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

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

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

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

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

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

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

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

15 parties may incorporate their agreement in the stipulated protective order submitted

16 to the court.

17 14. MISCELLANEOUS

18 14.1 Right to Further Relief.

19 Nothing in this Order abridges the right of any person to seek its modification

20 by the Court in the future.

21 14.2 Right to Assert Other Objections.

22 By stipulating to the entry of this Protective Order, no Party waives any right

23 it otherwise would have to object to disclosing or producing any information or item

24 on any ground not addressed in this Stipulated Protective Order. Similarly, no Party

25 waives any right to object on any ground to use in evidence of any of the material

26 covered by this Protective Order.

27 14.3 Filing Protected Material.

28 A Party that seeks to file under seal any Protected Material must comply with

1 Local Civil Rule 79-5. Protected Material may only be filed under seal pursuant to

2 a court order authorizing the sealing of the specific Protected Material. If a Party’s

3 request to file Protected Material under seal is denied by the court, then the

4 Receiving Party may file the information in the public record unless otherwise

5 instructed by the court.

6 15. FINAL DISPOSITION

7 After the final disposition of this Action, as defined in paragraph 6, within 60

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

24 Section 6 (DURATION).

25 16. VIOLATION

26 Any violation of this Order may be punished by appropriate measures including,

27 without limitation, contempt proceedings and/or monetary sanctions.

28

1 RESPECTFULLY SUBMITTED,

2

3 || DATED: November 23, 2021 ENENSTEIN PHAM & GLASS LLP

4

5 By: /s/Ned M. Gelhaar

6 Darren S. Enenstein

Ned M. Gelhaar

7 Talia M. Rybak

g Attorneys for Plaintiff Marantz Brothers,

LLC

9

19 || DATED: November 23, 2021 BRYAN CAVE LEIGHTON

PAISNER LLP

1]

12 .

By: /s/David Harford

13 Jennifer A. Jackson

14 David Harford

Attorneys for Defendants Tate & Lyle

15 Ingredients Americas LLC, Vincent

16 Pinneri, and Perry Tessitore

7 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

18

19 DATED: 11/24/2021

20 ( , 0 Yfo & °

EE ,..,

21

22 || HON. ALEXANDER F. MACKINNON

33 || United States Magistrate Judge

24

25

26

27

28

00407957, V.2 16

STIPULATION AMENDING PROTECTIVE ORDER AND PROPOSED

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of _________________ [print or

4 type full address], declare under penalty of perjury that I have read in its entirety and understand

5 the Stipulated Amended Protective Order that was issued by the United States District Court for

6 the Central District of California on in the case of Marantz Brothers, LLC v. Tate & Lyle

7 Ingredients Americas LLC, Et Al, Case No: 2:20-cv-00317 PSG (AFMx). I agree to comply

8 with and to be bound by all the terms of this Stipulated Protective Order, and I understand and

9 acknowledge that failure to so comply could expose me to sanctions and punishment in the

10 nature of contempt. I solemnly promise that I will not disclose in any manner any information or

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

12 compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the

13 United States District Court for the Central District of California for the purpose of enforcing the

14 terms of this Stipulated Protective Order, even if such enforcement proceedings occur after

15 termination of this action.

16 If I am not a resident of California, I hereby appoint __________________________ [print or

17 type full name] of

18 _______________________________________ [print or type full address and telephone

19 number] as my California agent for service of process in connection with this action or any

20 proceedings related to enforcement of this Stipulated Protective Order.

21

22 Date: ______________________________________

23 City and State where sworn and signed: _________________________________

24

25 Printed name: _______________________________

26

27 Signature: __________________________________

28