# Naked Whey Inc v. Naked Warrior Recovery

> District Court, C.D. California · September 13, 2024

URL: https://www.frixlaw.com/law-library/cases/10634905

## Case

- **Court:** District Court, C.D. California
- **Decided:** September 13, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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
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Naked Whey, Inc. v. Naked Warrior Recovery LLC, Case No. 2:24-cv-
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00828-RMA-SSC. I agree to comply with and to be bound by all the
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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
23
full name] of ____________________________________________________
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____________________________________ [print or type full address
25
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
27
enforcement of this Stipulated Protective Order.
1
2 Date: ___________________________
3

4 City and State where sworn and
___________________________
5 signed:
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7 Printed name: ___________________________
8

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Signature: ___________________________
10

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10634905. Public record. Not legal advice.