Naked Whey Inc v. Naked Warrior Recovery

1 STUBBS ALDERTON & MARKILES, LLP

Heather A. Antoine (SBN 246917)

2 hantoine@stubbsalderton.com

Jeffrey F. Gersh (SBN 87124)

3 jgersh@stubbsalderton.com

Michael A. Bernet (SBN 306657)

4 mbernet@stubbsalderton.com

Jose A. Meneses (SBN 346449)

5 jmeneses@stubbsalderton.com

15260 Ventura Boulevard, 20th Floor

6 Sherman Oaks, California 91403

Telephone: (818) 444-4548

7

Attorneys for Plaintiff,

8 NAKED WHEY, INC.

9

10 UNITED STATES DISTRICT COURT

11 CENTRAL DISTRICT OF CALIFORNIA

12

NAKED WHEY, INC., a Florida

13 corporation Case No. 2:24-cv-00828-MRA-SSC

14 Plaintiff(s),

[Discovery Document:

15 v. Referred to Magistrate Judge

Stephanie S. Christensen]

16 NAKED WARRIOR RECOVERY

LLC, a Delaware limited liability

17 company, and DOES 1 through STIPULATED PROTECTIVE

10, inclusive, ORDER1

18

Defendant(s).

19

20

The parties, through their undersigned counsel of record, and

21

subject to the Court’s approval, hereby stipulate to the entry of a

22

Protective Order in this action as follows.

23

24

25

26

27

1 This Stipulated Protective Order is substantially based on the model

protective order provided under Magistrate Judge Stephanie S.

1 1. INTRODUCTION

2 1.1 Purposes and Limitations. Discovery in this action is likely to

3 involve production of confidential, proprietary, or private information for

4 which special protection from public disclosure and from use for any

5 purpose other than prosecuting this litigation may be warranted.

6 Accordingly, the parties hereby stipulate to and petition the court to

7 enter the following Stipulated Protective Order. The parties

8

acknowledge that this Order does not confer blanket protections on all

9

disclosures or responses to discovery and that the protection it affords

10

from public disclosure and use extends only to the limited information or

11

items that are entitled to confidential treatment under the applicable

12

legal principles.

13

1.2 Good Cause Statement.

14

This action is likely to involve trade secrets, customer and pricing

15

lists and other valuable research, development, commercial, financial,

16

technical and/or proprietary information for which special protection

17

from public disclosure and from use for any purpose other than

18

prosecution of this action is warranted. Such confidential and

19

proprietary materials and information consist of, among other things,

20

confidential business or financial information, information regarding

21

22 confidential business practices, or other confidential research,

23 development, or commercial information (including information

24 implicating privacy rights of third parties), information otherwise

25 generally unavailable to the public, or which may be privileged or

26 otherwise protected from disclosure under state or federal statutes, court

27 rules, case decisions, or common law. Accordingly, to expedite the flow of

1 confidentiality of discovery materials, to adequately protect information

2 the parties are entitled to keep confidential, to ensure that the parties

3 are permitted reasonable necessary uses of such material in preparation

4 for and in the conduct of trial, to address their handling at the end of the

5 litigation, and serve the ends of justice, a protective order for such

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

7 information will not be designated as confidential for tactical reasons

8

and that nothing be so designated without a good faith belief that it has

9

been maintained in a confidential, non-public manner, and there is good

10

cause why it should not be part of the public record of this case.

11

1.3 Acknowledgment of Procedure for Filing Under Seal. The

12

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

13

Stipulated Protective Order does not entitle them to file confidential

14

information under seal; Local Rule 79-5 sets forth the procedures that

15

must be followed and the standards that will be applied when a party

16

seeks permission from the court to file material under seal.

17

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

18

to judicial proceedings and records in civil cases. In connection with

19

non-dispositive motions, good cause must be shown to support a filing

20

under seal. See Kamakana v. City and Cnty. of Honolulu, 447 F.3d

21

22 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd v. Gen. Motors

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

24 Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated

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

26 good cause or compelling reasons with proper evidentiary support and

27 legal justification, must be made with respect to Protected Material that

1 Disclosure or Discovery Material as CONFIDENTIAL does not—

2 without the submission of competent evidence by declaration,

3 establishing that the material sought to be filed under seal qualifies as

4 confidential, privileged, or otherwise protectable—constitute good cause.

5 Further, if a party requests sealing related to a dispositive motion

6 or trial, then compelling reasons, not only good cause, for the sealing

7 must be shown, and the relief sought shall be narrowly tailored to serve

8

the specific interest to be protected. See Pintos v. Pac. Creditors Ass’n,

9

605 F.3d 665, 677–79 (9th Cir. 2010). For each item or type of

10

information, document, or thing sought to be filed or introduced under

11

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

12

protection must articulate compelling reasons, supported by specific

13

facts and legal justification, for the requested sealing order. Again,

14

competent evidence supporting the application to file documents under

15

seal must be provided by declaration.

16

Any document that is not confidential, privileged, or otherwise

17

protectable in its entirety will not be filed under seal if the confidential

18

portions can be redacted. If documents can be redacted, then a redacted

19

version for public viewing, omitting only the confidential, privileged, or

20

otherwise protectable portions of the document, shall be filed. Any

21

22 application that seeks to file documents under seal in their entirety

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

24

25 2. DEFINITIONS

26 2.1 Action: this pending federal lawsuit.

27

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

1 designation of information or items under this Order.

2 2.3 “CONFIDENTIAL” Information or Items: information

3 (regardless of how it is generated, stored or maintained) or tangible

4 things that qualify for protection under Rule 26(c) of the Federal Rules of

5 Civil Procedure, and as specified above in the Good Cause Statement.

6 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

7 Information or Items: Information (regardless of how it is generated,

8

stored or maintained) or tangible things that qualify for protection under

9

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

10

Cause Statement. “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

11

ONLY” Information or Items is extremely sensitive “CONFIDENTIAL”

12

Information or Items, the disclosure of which to another Party or Non-

13

Party would create a substantial risk of serious harm that could not be

14

avoided by less restrictive means.

15

2.5 Counsel: Outside Counsel of Record and House Counsel (as

16

well as their support staff).

17

2.6 Designating Party: a Party or Non-Party that designates

18

information or items that it produces in disclosures or in responses to

19

discovery as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

20

ATTORNEYS’ EYES ONLY.”

21

22 2.7 Disclosure or Discovery Material: all items or information,

23 regardless of the medium or manner in which it is generated, stored, or

24 maintained (including, among other things, testimony, transcripts, and

25 tangible things), that are produced or generated in disclosures or

26 responses to discovery in this matter.

27 2.8 Expert: a person with specialized knowledge or experience in

1 its counsel to serve as an expert witness or as a consultant in this Action.

2 2.9 Final Disposition: the later of (1) dismissal of all claims and

3 defenses in this Action, with or without prejudice; and (2) final judgment

4 herein after the completion and exhaustion of all appeals, rehearings,

5 remands, trials, or reviews of this Action, including the time limits for

6 filing any motions or applications for extension of time pursuant to

7 applicable law.

8

2.10 In-House Counsel: attorneys who are employees of a party to

9

this Action. In-House Counsel does not include Outside Counsel of

10

Record or any other outside counsel.

11

2.11 Non-Party: any natural person, partnership, corporation,

12

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

13

2.12 Outside Counsel of Record: attorneys who are not employees

14

of a party to this Action but are retained to represent or advise a party to

15

this Action and have appeared in this Action on behalf of that party or

16

are affiliated with a law firm which has appeared on behalf of that party,

17

and includes support staff.

18

2.13 Party: any party to this Action, including all of its officers,

19

directors, employees, consultants, retained experts, and Outside Counsel

20

of Record (and their support staffs).

21

22 2.14 Producing Party: a Party or Non-Party that produces

23 Disclosure or Discovery Material in this Action.

24 2.15 Professional Vendors: persons or entities that provide

25 litigation- support services (e.g., photocopying, videotaping, translating,

26 preparing exhibits or demonstrations, and organizing, storing, or

27 retrieving data in any form or medium) and their employees and

1 2.16 Protected Material: any Disclosure or Discovery Material that

2 is designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

3 ATTORNEYS’ EYES ONLY.”

4 2.17 Receiving Party: a Party that receives Disclosure or Discovery

5 Material from a Producing Party.

6 3. SCOPE

7

The protections conferred by this Stipulation and Order cover not

8

only Protected Material (as defined above), but also (1) any information

9

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

10

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

11

testimony, conversations, or presentations by Parties or their Counsel

12

that might reveal Protected Material.

13

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

14

orders of the trial judge. This Stipulated Protective Order does not

15

govern the use of Protected Material at trial.

16

17

18 4. TRIAL AND DURATION

19 The terms of this Stipulated Protective Order apply through Final

20 Disposition of the Action.

21

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

22

CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

23

ONLY or maintained pursuant to this Stipulated Protective Order and

24

used or introduced as an exhibit at trial becomes public and will be

25

presumptively available to all members of the public, including the

26

press, unless compelling reasons supported by specific factual findings

27

1 See Kamakana, 447 F.3d at 1180–81 (distinguishing “good cause”

2 showing for sealing documents produced in discovery from “compelling

3 reasons” standard when merits-related documents are part of court

4 record). Accordingly, for such materials, the terms of this Stipulated

5 Protective Order do not extend beyond the commencement of the trial.

6 Even after Final Disposition of this litigation, the confidentiality

7 obligations imposed by this Stipulated Protective Order shall remain in

8

effect until a Designating Party agrees otherwise in writing or a court

9

order otherwise directs.

10

11

5. DESIGNATING PROTECTED MATERIAL

12

5.1 Exercise of Restraint and Care in Designating Material for

13

Protection. Each Party or Non-Party that designates information or

14

items for protection under this Order must take care to limit any such

15

designation to specific material that qualifies under the appropriate

16

standards. The Designating Party must designate for protection only

17

18 those parts of material, documents, items, or oral or written

19 communications that qualify so that other portions of the material,

20 documents, items, or communications for which protection is not

21 warranted are not swept unjustifiably within the ambit of this Order.

22 Mass, indiscriminate, or routinized designations are prohibited.

23 Designations that are shown to be clearly unjustified or that have been

24 made for an improper purpose (e.g., to unnecessarily encumber the case

25 development process or to impose unnecessary expenses and burdens on

26 other parties) may expose the Designating Party to sanctions.

27

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

1 items that it designated for protection do not qualify for protection, that

2 Designating Party must promptly notify all other Parties that it is

3 withdrawing the inapplicable designation.

4

5.2 Manner and Timing of Designations. Except as otherwise

5

provided in this Stipulated Protective Order (see, e.g., second paragraph

6

of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure

7

or Discovery Material that qualifies for protection under this Stipulated

8

Protective Order must be clearly so designated before the material is

9

disclosed or produced.

10

Designation in conformity with this Stipulated Protective Order

11

requires:

12

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

13

documents, but excluding transcripts of depositions or other pretrial or

14

trial proceedings), that the Producing Party affix at a minimum, the

15

legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

16

17 ATTORNEYS’ EYES ONLY” to each page that contains protected

18 material. If only a portion or portions of the material on a page

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

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

21 margins).

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

23 inspection need not designate them for protection until after the

24 inspecting Party has indicated which documents it would like copied

25 and produced. During the inspection and before the designation, all of

26

the material made available for inspection shall be deemed

27

CONFIDENTIAL. After the inspecting Party has identified the

1 documents it wants copied and produced, the Producing Party must

2 determine which documents, or portions thereof, qualify for protection

3 under this Stipulated Protective Order. Then, before producing the

4 specified documents, the Producing Party must affix the

5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

6 EYES ONLY” legend to each page that contains Protected Material. If

7 only a portion or portions of the material on a page qualifies for

8

protection, the Producing Party also must clearly identify the protected

9

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

10

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

11

identify the Disclosure or Discovery Material on the record, before the

12

close of the deposition all protected testimony.

13

(c) for information produced in some form other than

14

documentary and for any other tangible items, that the Producing Party

15

affix in a prominent place on the exterior of the container or containers

16

in which the information is stored the “CONFIDENTIAL” or “HIGHLY

17

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend. If only a

18

portion or portions of the information warrants protection, the Producing

19

20

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

21 5.3 Inadvertent Failures to Designate. If timely corrected, an

22 inadvertent failure to designate qualified information or items does not,

23 standing alone, waive the Designating Party’s right to secure protection

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

25 designation, the Receiving Party must make reasonable efforts to assure

26 that the material is treated in accordance with the provisions of this

27

Stipulated Protective Order.

1

2 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

3 6.1 Timing of Challenges. Any Party or Non-Party may

4

challenge a designation of confidentiality at any time that is consistent

5

with the court’s Scheduling Order.

6

6.2 Meet and Confer. The Challenging Party shall initiate the

7

dispute resolution process under Local Rule 37.1 et seq. and with

8

Section 2 of Judge Christensen’s Civil Procedures titled “Brief Pre-

9

Discovery Motion Conference.”2

10

6.3 The burden of persuasion in any such challenge proceeding

11

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

12

made for an improper purpose (e.g., to harass or impose unnecessary

13

expenses and burdens on other parties) may expose the Challenging

14

Party to sanctions. Unless the Designating Party has waived or

15

withdrawn the confidentiality designation, all parties shall continue to

16

afford the material in question the level of protection to which it is

17

18 entitled under the Producing Party’s designation until the court rules on

19 the challenge.

20

21 7. ACCESS TO AND USE OF PROTECTED MATERIAL

22

7.1 Basic Principles. A Receiving Party may use Protected

23

Material that is disclosed or produced by another Party or by a Non-

24

Party in connection with this Action only for prosecuting, defending, or

25

attempting to settle this Action. Such Protected Material may be

26

27

2 Judge Christensen’s Procedures are available at

1 disclosed only to the categories of persons and under the conditions

2 described in this Order. When the Action reaches a Final Disposition, a

3 Receiving Party must comply with the provisions of section 13 below.

4 Protected Material must be stored and maintained by a Receiving

5 Party at a location and in a secure manner that ensures that access is

6 limited to the persons authorized under this Stipulated Protective

7 Order.

8

7.2 Disclosure of “CONFIDENTIAL” Information or Items.

9

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

10

Designating Party, a Receiving Party may disclose any information or

11

item designated “CONFIDENTIAL” only:

12

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

13

Action, as well as employees of said Outside Counsel of Record to whom

14

it is reasonably necessary to disclose the information for this Action;

15

(b) to the officers, directors, and employees (including House

16

Counsel) of the Receiving Party to whom disclosure is reasonably

17

necessary for this Action;

18

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

19

whom disclosure is reasonably necessary for this Action and who have

20

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

21

22 (d) to the court and its personnel;

23 (e) to court reporters and their staff;

24 (f) to professional jury or trial consultants, mock jurors, and

25 Professional Vendors to whom disclosure is reasonably necessary for

26 this Action and who have signed the “Acknowledgment and Agreement

27 to Be Bound” (Exhibit A);

1 information or a custodian or other person who otherwise possessed or

2 knew the information;

3 (h) during their depositions, to witnesses, and attorneys for

4 witnesses, in the Action to whom disclosure is reasonably necessary,

5 provided: (1) the deposing party requests that the witness sign the

6 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (2) the

7 witness will not be permitted to keep any confidential information

8

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

9

(Exhibit A), unless otherwise agreed by the Designating Party or

10

ordered by the court. Pages of transcribed deposition testimony or

11

exhibits to depositions that reveal Protected Material may be separately

12

bound by the court reporter and may not be disclosed to anyone except

13

as permitted under this Stipulated Protective Order; and

14

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

15

personnel, mutually agreed upon by any of the parties engaged in

16

settlement discussions.

17

7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

18

ONLY” Information or Items. Unless otherwise ordered by the

19

Court or permitted in writing by the Designating Party, a

20

Receiving Party may disclose any information or item designated

21

22 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only

23 to all of the same individuals to whom “CONFIDENTIAL”

24 materials may be disclosed, except for the officers, directors, and

25 employees (including House Counsel) of the Receiving Party.

26

27

1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

2 PRODUCED IN OTHER LITIGATION

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

4

other litigation that compels disclosure of any information or items

5

designated in this Action as “CONFIDENTIAL” or “HIGHLY

6

CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that Party must:

7

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

8

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

9

(b) promptly notify in writing the party who caused the

10

subpoena or order to issue in the other litigation that some or all of the

11

material covered by the subpoena or order is subject to this Protective

12

Order. Such notification shall include a copy of this Stipulated

13

14 Protective Order; and

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

16 be pursued by the Designating Party whose Protected Material may be

17 affected.

18 If the Designating Party timely seeks a protective order, the

19 Party served with the subpoena or court order shall not produce any

20 information designated in this action as “CONFIDENTIAL” or

21 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a

22 determination by the court from which the subpoena or order issued,

23

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

24

Designating Party shall bear the burden and expense of seeking

25

protection in that court of its confidential material and nothing in these

26

provisions should be construed as authorizing or encouraging a

27

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

1 court.

2

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

4 PRODUCED IN THIS LITIGATION

5 9.1 Application. The terms of this Stipulated Protective Order

6 are applicable to information produced by a Non-Party in this Action and

7 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

8

ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties

9

in connection with this litigation is protected by the remedies and relief

10

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

11

as prohibiting a Non-Party from seeking additional protections.

12

9.2 Notification. In the event that a Party is required, by a valid

13

discovery request, to produce a Non-Party’s confidential information in

14

its possession, and the Party is subject to an agreement with the Non-

15

Party not to produce the Non-Party’s confidential information, then the

16

Party shall:

17

(a) promptly notify in writing the Requesting Party and the

18

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

19

confidentiality agreement with a Non-Party;

20

21 (b) make the information requested available for inspection by

22 the Non-Party, if requested.

23 9.3 Conditions of Production. If the Non-Party fails to seek a

24 protective order from this court within 14 days of receiving the notice

25 and accompanying information, the Receiving Party may produce the

26 Non-Party’s confidential information responsive to the discovery request.

27 If the Non-Party timely seeks a protective order, the Receiving Party

1 subject to the confidentiality agreement with the Non-Party before a

2 determination by the court. Absent a court order to the contrary, the

3 Non-Party shall bear the burden and expense of seeking protection in

4 this court of its Protected Material.

5

6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED

7 MATERIAL

8

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

9

has disclosed Protected Material to any person or in any circumstance

10

not authorized under this Stipulated Protective Order, the Receiving

11

Party must immediately (a) notify in writing the Designating Party of

12

the unauthorized disclosures, (b) use its best efforts to retrieve all

13

unauthorized copies of the Protected Material, (c) inform the person or

14

persons to whom unauthorized disclosures were made of all the terms of

15

this Order, and (d) request such person or persons to execute the

16

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

18

19 11. INADVERTENT PRODUCTION OF PRIVILEGED OR

20 OTHERWISE PROTECTED MATERIAL

21

When a Producing Party gives notice to Receiving Parties that

22

certain inadvertently produced material is subject to a claim of privilege

23

or other protection, the obligations of the Receiving Parties are those set

24

forth in Rule 26(b)(5)(B) of the Federal Rules of Civil Procedure. This

25

provision is not intended to modify whatever procedure may be

26

established in an e-discovery order that provides for production without

27

1 Rules of Evidence, insofar as the parties reach an agreement on the

2 effect of disclosure of a communication or information covered by the

3 attorney-client privilege or work product protection, the parties may

4 incorporate their agreement in the stipulated protective order

5 submitted to the court.

6

7 12. MISCELLANEOUS

8

12.1 Right to Further Relief. Nothing in this Stipulated

9

Protective Order abridges the right of any person to seek its

10

modification by the court in the future.

11

12.2 Right to Assert Other Objections. By stipulating to the entry

12

of this Stipulated Protective Order no Party waives any right it

13

otherwise would have to object to disclosing or producing any

14

information or item on any ground not addressed in this Stipulated

15

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

16

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

18 Stipulated Protective Order.

19 12.3 Filing Protected Material. A Party that seeks to file under

20 seal any Protected Material must comply with Local Rule 79-5.

21 Protected Material may only be filed under seal pursuant to a court

22 order authorizing the sealing of the specific Protected Material at issue.

23 If a Party's request to file Protected Material under seal is denied by the

24 court, then the Receiving Party may file the information in the public

25 record unless otherwise instructed by the court.

26

27

1 13. FINAL DISPOSITION

2 After the Final Disposition of this Action, as defined in paragraph

3 4, within 60 days of a written request by the Designating Party, each

4

Receiving Party must return all Protected Material to the Producing

5

Party or destroy such material. As used in this subdivision, “all

6

Protected Material” includes all copies, abstracts, compilations,

7

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

8

Protected Material. Whether the Protected Material is returned or

9

destroyed, the Receiving Party must submit a written certification to

10

the Producing Party (and, if not the same person or entity, to the

11

Designating Party) by the 60 day deadline that (1) identifies (by

12

category, where appropriate) all the Protected Material that was

13

returned or destroyed and (2) affirms that the Receiving Party has not

14

retained any copies, abstracts, compilations, summaries or any other

15

format reproducing or capturing any of the Protected Material.

16

Notwithstanding this provision, Counsel is entitled to retain an archival

17

18 copy of all pleadings, motion papers, trial, deposition, and hearing

19 transcripts, legal memoranda, correspondence, deposition and trial

20 exhibits, expert reports, attorney work product, and consultant and

21 expert work product, even if such materials contain Protected Material.

22 Any such archival copies that contain or constitute Protected Material

23 remain subject to this Protective Order as set forth in Section 4.

24

25

26

27

1 || 14. VIOLATION

2 Any violation of this Stipulated Protective Order may be punished

3 || by any and all appropriate measures including, without limitation,

4 || contempt proceedings and/or monetary sanctions.

5

6 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

7

* || DATED: 9/12/2024 /s| Michael A. Bernet

° Attorney(s) for Plaintiff(s)

10

1]

DATED: 9/12/2024 /s/ Stephen M. Lobbin

3 Attorney(s) for Defendant(s)

14

15

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

17

1g || DATED: September 13, 2024 LZ

19 STEPHANIE S. CHRISTENSEN

50 United States Magistrate Judge

21

22

23

24

25

26

27

28

1 EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2

3

I, _____________________________ [print or type full name],

4

of ______________________________________________________ [print

5

or type full address], declare under penalty of perjury that I have

6

read in its entirety and understand the Stipulated Protective Order

7

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

8

District of California on _____________________ [date] in the case of

9

Naked Whey, Inc. v. Naked Warrior Recovery LLC, Case No. 2:24-cv-

10

00828-RMA-SSC. I agree to comply with and to be bound by all the

11

terms of this Stipulated Protective Order and I understand and

12

acknowledge that failure to so comply could expose me to sanctions

13

14 and punishment in the nature of contempt. I solemnly promise that I

15 will not disclose in any manner any information or item that is subject

16 to this Stipulated Protective Order to any person or entity except in

17 strict compliance with the provisions of this Order.

18 I further agree to submit to the jurisdiction of the United States

19 District Court for the Central District of California for the purpose of

20 enforcing the terms of this Stipulated Protective Order, even if such

21 enforcement proceedings occur after termination of this action. I

22 hereby appoint ____________________________________ [print or type

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full name] of ____________________________________________________

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____________________________________ [print or type full address

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and telephone number] as my California agent for service of process

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in connection with this action or any proceedings related to

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enforcement of this Stipulated Protective Order.

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2 Date: ___________________________

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4 City and State where sworn and

___________________________

5 signed:

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7 Printed name: ___________________________

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Signature: ___________________________

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