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

> District Court, C.D. California · November 24, 2021

URL: https://www.frixlaw.com/law-library/cases/10042419

## Case

- **Court:** District Court, C.D. California
- **Decided:** November 24, 2021
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10042419. Public record. Not legal advice.