The opinion
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MIKE’S NOVELTIES, INC., a Texas Case No. 1:23-CV-01309-JLT-SAB
7 corporation,
ORDER RE: STIPULATED
8 Plaintiff, PROTECTIVE ORDER
9 vs.
(ECF No. 49)
10 PIV ENTERPRISES, INC., a
California corporation,
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12 Defendants.
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15 1. A. PURPOSES AND LIMITATIONS
16 As the parties have represented that discovery in this action is likely to involve
17 production of confidential, proprietary, or private information for which special
18 protection from public disclosure and from use for any purpose other than prosecuting
19 this litigation may be warranted, this Court enters the following Protective Order. This
20 Order does not confer blanket protections on all disclosures or responses to discovery.
21 The protection it affords from public disclosure and use extends only to the limited
22 information or items that are entitled to confidential treatment under the applicable
23 legal principles. Further, as set forth in Section 12.3, below, this Protective Order does
24 not entitle the parties to file confidential information under seal. Rather, when the
25 parties seek permission from the court to file material under seal, the parties must
26 comply with Civil Local Rule 141 and with any pertinent orders of the assigned District
27 Judge and Magistrate Judge.
1 B. GOOD CAUSE STATEMENT
2 In light of the nature of the claims and allegations in this case, this action is
3 likely to involve sensitive commercial, financial, and/or proprietary information for
4 which special protection from public disclosure and from use for any purpose other
5 than prosecution of this action is warranted. Such confidential and proprietary
6 materials and information consist of, among other things, competitively sensitive
7 business information and practices, financial records of entities and individuals,
8 customer information and information otherwise generally unavailable to the public,
9 or which may be privileged or otherwise protected from disclosure under state or
10 federal statutes, court rules, case decisions, or common law. Additionally, information
11 implicating privacy rights of third parties may also be disclosed.
12 Accordingly, to expedite the flow of information, to facilitate the prompt
13 resolution of disputes over confidentiality of discovery materials, to adequately protect
14 information the parties are entitled to keep confidential, to ensure that the parties are
15 permitted reasonable necessary uses of such material in connection with this action, to
16 address their handling of such material at the end of the litigation, and to serve the ends
17 of justice, a protective order for such information is justified in this matter. The parties
18 shall not designate any information/documents as confidential without a good faith
19 belief that such information/documents have been maintained in a confidential, non-
20 public manner, and that there is good cause or a compelling reason why it should not
21 be part of the public record of this case.
22 2. DEFINITIONS
23 2.1 Action: The instant action: Mike Novelties, Inc. v. PIV
24 Enterprises, Inc., USDC Case No. 1:23-CV-01309-JLT-SAB.
25 2.2 Challenging Party: a Party or Non-Party that challenges the designation
26 of information or items under this Order.
27 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
1 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
2 Statement.
3 2.4 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”
4 Information or Items: extremely sensitive “CONFIDENTIAL” Information or
5 Items, the disclosure of which to another Party or Non-Party would create a substantial
6 risk of serious harm that could not be avoided by less restrictive means.
7 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their
8 support staff).
9 2.6 Designating Party: a Party or Non-Party that designates information or
10 items that it produces in disclosures or in responses to discovery as
11 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES
12 ONLY.”
13 2.7 Disclosure or Discovery Material: all items or information, regardless of
14 the medium or manner in which it is generated, stored, or maintained (including,
15 among other things, testimony, transcripts, and tangible things), that are produced or
16 generated in disclosures or responses to discovery in this matter.
17 2.8 Expert: a person with specialized knowledge or experience in a matter
18 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
19 expert witness or as a consultant in this Action.
20 2.9 House Counsel: attorneys who are employees of a party to this Action.
21 House Counsel does not include Outside Counsel of Record or any other outside
22 counsel.
23 2.10 Non-Party: any natural person, partnership, corporation, association, or
24 other legal entity not named as a Party to this action.
25 2.11 Outside Counsel of Record: attorneys who are not employees of a party
26 to this Action but are retained to represent or advise a party to this Action and have
27 appeared in this Action on behalf of that party or are affiliated with a law firm which
1 2.12 Party: any party to this Action, including all of its officers, directors,
2 employees, consultants, retained experts, and Outside Counsel of Record (and their
3 support staffs).
4 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
5 Discovery Material in this Action.
6 2.14 Professional Vendors: persons or entities that provide litigation support
7 services (e.g., photocopying, videotaping, translating, preparing exhibits or
8 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
9 their employees and subcontractors.
10 2.15 Protected Material: any Disclosure or Discovery Material that is
11 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’
12 EYES ONLY.”
13 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
14 from a Producing Party.
15 3. SCOPE
16 The protections conferred by this Order cover not only Protected Material (as
17 defined above), but also (1) any information copied or extracted from Protected
18 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
19 and (3) any deposition testimony, conversations, or presentations by Parties or their
20 Counsel that might reveal Protected Material, other than during a court hearing or at
21 trial.
22 Any use of Protected Material during a court hearing or at trial shall be governed
23 by the orders of the presiding judge. This Order does not govern the use of Protected
24 Material during a court hearing or at trial.
25 4. DURATION
26 Even after final disposition of this litigation, the confidentiality obligations
27 imposed by this Order shall remain in effect until a Designating Party agrees otherwise
1 the later of (1) dismissal of all claims and defenses in this Action, with or without
2 prejudice; and (2) final judgment herein after the completion and exhaustion of all
3 appeals, rehearings, remands, trials, or reviews of this Action, including the time limits
4 for filing any motions or applications for extension of time pursuant to applicable law.
5 5. DESIGNATING PROTECTED MATERIAL
6 5.1 Exercise of Restraint and Care in Designating Material for Protection.
7 Each Party or Non-Party that designates information or items for protection under this
8 Order must take care to limit any such designation to specific material that qualifies
9 under the appropriate standards. The Designating Party must designate for protection
10 only those parts of material, documents, items, or oral or written communications that
11 qualify so that other portions of the material, documents, items, or communications for
12 which protection is not warranted are not swept unjustifiably within the ambit of this
13 Order.
14 Mass, indiscriminate, or routinized designations are prohibited. Designations
15 that are shown to be clearly unjustified or that have been made for an improper purpose
16 (e.g., to unnecessarily encumber the case development process or to impose
17 unnecessary expenses and burdens on other parties) may expose the Designating Party
18 to sanctions.
19 If it comes to a Designating Party’s attention that information or items that it
20 designated for protection do not qualify for protection, that Designating Party must
21 promptly notify all other Parties that it is withdrawing the inapplicable designation.
22 5.2 Manner and Timing of Designations. Except as otherwise provided in this
23 Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise stipulated
24 or ordered, Disclosure or Discovery Material that qualifies for protection under this
25 Order must be clearly so designated before the material is disclosed or produced.
26 Designation in conformity with this Order requires:
27 (a) for information in documentary form (e.g., paper or electronic
1 affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY
2 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” to each page that contains
3 protected material. If only a portion or portions of the material on a page
4 qualifies for protection, the Producing Party also must clearly identify the
5 protected portion(s) (e.g., by making appropriate markings in the margins).
6 A Party or Non-Party that makes original documents available for
7 inspection need not designate them for protection until after the inspecting Party
8 has indicated which documents it would like copied and produced. During the
9 inspection and before the designation, all of the material made available for
10 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
11 identified the documents it wants copied and produced, the Producing Party
12 must determine which documents, or portions thereof, qualify for protection
13 under this Order. Then, before producing the specified documents, the
14 Producing Party must affix the “CONFIDENTIAL”, or “HIGHLY
15 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” legend to each page that
16 contains Protected Material. If only a portion or portions of the material on a
17 page qualifies for protection, the Producing Party also must clearly identify the
18 protected portion(s) (e.g., by making appropriate markings in the margins).
19 (b) for testimony given in depositions that the Designating Party
20 identifies on the record, before the close of the deposition as protected testimony.
21 (c) for information produced in some form other than documentary and
22 for any other tangible items, that the Producing Party affix in a prominent place
23 on the exterior of the container or containers in which the information is stored
24 the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL --
25 ATTORNEYS’ EYES ONLY.” If only a portion or portions of the information
26 warrants protection, the Producing Party, to the extent practicable, shall identify
27 the protected portion(s).
1 failure to designate qualified information or items does not, standing alone, waive the
2 Designating Party’s right to secure protection under this Order for such material. Upon
3 timely correction of a designation, the Receiving Party must make reasonable
4 efforts to assure that the material is treated in accordance with the provisions of this
5 Order.
6 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
7 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
8 designation of confidentiality at any time that is consistent with the Court’s Scheduling
9 Order.
10 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
11 resolution process under Local Rule 251.
12 6.3 The burden of persuasion in any such challenge proceeding shall be on
13 the Designating Party. Frivolous challenges, and those made for an improper purpose
14 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
15 expose the Challenging Party to sanctions. Unless the Designating Party has waived
16 or withdrawn the confidentiality designation, all parties shall continue to afford the
17 material in question the level of protection to which it is entitled under the Producing
18 Party’s designation until the Court rules on the challenge.
19 7. ACCESS TO AND USE OF PROTECTED MATERIAL
20 7.1 Basic Principles. A Receiving Party may use Protected Material that is
21 disclosed or produced by another Party or by a Non-Party in connection with this
22 Action only for prosecuting, defending, or attempting to settle this Action. Such
23 Protected Material may be disclosed only to the categories of persons and under the
24 conditions described in this Order. When the Action has been terminated, a Receiving
25 Party must comply with the provisions of Section 13 below.
26 Protected Material must be stored and maintained by a Receiving Party at a
27 location and in a secure manner that ensures that access is limited to the persons
1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
2 otherwise ordered by the court or permitted in writing by the Designating Party, a
3 Receiving Party may disclose any information or item designated “CONFIDENTIAL”
4 only to:
5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
6 well as employees of said Outside Counsel of Record to whom it is reasonably
7 necessary to disclose the information for this Action;
8 (b) the officers, directors, and employees (including House Counsel) of
9 the Receiving Party to whom disclosure is reasonably necessary for this Action;
10 (c) Experts (as defined in this Order) of the Receiving Party to whom
11 disclosure is reasonably necessary for this Action and who have signed the
12 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
13 (d) the court and its personnel;
14 (e) private court reporters and their staff to whom disclosure is reasonably
15 necessary for this Action and who have signed the “Acknowledgment and
16 Agreement to Be Bound” (Exhibit A);
17 (f) professional jury or trial consultants, mock jurors, and Professional
18 Vendors to whom disclosure is reasonably necessary for this Action and who
19 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
20 (g) the author or recipient of a document containing the information or a
21 custodian or other person who otherwise possessed or knew the information;
22 (h) during their depositions, witnesses, and attorneys for witnesses, in the
23 Action to whom disclosure is reasonably necessary provided: (1) the deposing
24 party requests that the witness sign the “Acknowledgment and Agreement to Be
25 Bound” (Exhibit A); and (2) they will not be permitted to keep any confidential
26 information unless they sign the “Acknowledgment and Agreement to Be
27 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or
1 depositions that reveal Protected Material may be separately bound by the court
2 reporter and may not be disclosed to anyone except as permitted under this
3 Protective Order; and
4 (i) any mediator or settlement officer, and their supporting personnel,
5 mutually agreed upon by any of the parties engaged in settlement discussions.
6 7.3 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES
7 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
8 writing by the Designating Party, a Receiving Party may disclose any information or
9 item designated “HIGHLY CONFIDENTIAL” only to:
10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
11 well as employees of said Outside Counsel of Record to whom it is reasonably
12 necessary to disclose the information for this Action;
13 (b) Experts (as defined in this Order) of the Receiving Party to whom
14 disclosure is reasonably necessary for this Action and who have signed the
15 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
16 (c) the court and its personnel;
17 (d) private court reporters and their staff to whom disclosure is reasonably
18 necessary for this Action and who have signed the “Acknowledgment and
19 Agreement to Be Bound” (Exhibit A);
20 (e) professional jury or trial consultants, mock jurors, and Professional
21 Vendors to whom disclosure is reasonably necessary for this Action and who
22 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (f) the author or recipient of a document containing the information or a
24 custodian or other person who otherwise possessed or knew the information; and
25 (g) any mediator or settlement officer, and their supporting personnel,
26 mutually agreed upon by any of the parties engaged in settlement discussions.
27 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
1 If a Party is served with a subpoena or a court order issued in other litigation that
2 compels disclosure of any information or items designated in this Action as
3 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES
4 ONLY,” that Party must:
5 (a) promptly notify in writing the Designating Party. Such notification shall
6 include a copy of the subpoena or court order unless prohibited by law;
7 (b) promptly notify in writing the party who caused the subpoena or order to
8 issue in the other litigation that some or all of the material covered by the subpoena or
9 order is subject to this Protective Order. Such notification shall include a copy of this
10 Protective Order; and
11 (c) cooperate with respect to all reasonable procedures sought to be pursued by
12 the Designating Party whose Protected Material may be affected.
13 If the Designating Party timely seeks a protective order, the Party served with
14 the subpoena or court order shall not produce any information designated in this action
15 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES
16 ONLY” before a determination by the court from which the subpoena or order issued,
17 unless the Party has obtained the Designating Party’s permission, or unless otherwise
18 required by the law or court order. The Designating Party shall bear the burden and
19 expense of seeking protection in that court of its confidential material and nothing in
20 these provisions should be construed as authorizing or encouraging a Receiving Party
21 in this Action to disobey a lawful directive from another court.
22 9. 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 Non-
25 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
26 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information produced by
27 Non-Parties in connection with this litigation is protected by the remedies and relief
1 a Non-Party from seeking additional protections.
2 (b) In the event that a Party is required, by a valid discovery request, to produce
3 a Non-Party’s confidential information in its possession, and the Party is subject to an
4 agreement with the Non-Party not to produce the Non-Party’s confidential
5 information, then the Party shall:
6 (1) promptly notify in writing the Requesting Party and the Non-Party
7 that some or all of the information requested is subject to a confidentiality
8 agreement with a Non-Party;
9 (2) promptly provide the Non-Party with a copy of the Protective Order
10 in this Action, the relevant discovery request(s), and a reasonably specific
11 description of the information requested; and
12 (3) make the information requested available for inspection by the Non-
13 Party, if requested.
14 (c) If a Non-Party represented by counsel fails to object to or seek a protective
15 order from the court within 14 days of receiving the notice and accompanying
16 information or fails contemporaneously to notify the Receiving Party that it has done
17 so, the Receiving Party may produce the Non-Party’s confidential information
18 responsive to the discovery request. If an unrepresented Non-Party fails to seek a
19 protective order from this court within 14 days of receiving the notice and
20 accompanying information, the Receiving Party may produce the Non-Party’s
21 confidential information responsive to the discovery request. If the Non-Party timely
22 seeks a protective order, the Receiving Party shall not produce any information in its
23 possession or control that is subject to the confidentiality agreement with the Non-
24 Party before a determination by the court unless otherwise required by the law or court
25 order. Absent a court order to the contrary, the Non-Party shall bear the burden and
26 expense of seeking protection in this court of its Protected Material.
27 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
1 Protected Material to any person or in any circumstance not authorized under this
2 Protective Order, the Receiving Party must immediately (a) notify in writing the
3 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all
4 unauthorized copies of the Protected Material, (c) inform the person or persons to
5 whom unauthorized disclosures were made of all the terms of this Order, and (d)
6 request such person or persons to execute the “Acknowledgment and Agreement to Be
7 Bound” (Exhibit A).
8 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
9 PROTECTED MATERIAL
10 When a Producing Party gives notice to Receiving Parties that certain
11 inadvertently produced material is subject to a claim of privilege or other protection,
12 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
13 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
14 may be established in an e-discovery order that provides for production without prior
15 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
16 parties reach an agreement on the effect of disclosure of a communication or
17 information covered by the attorney-client privilege or work product protection, the
18 parties may incorporate their agreement into this Protective Order.
19 12. MISCELLANEOUS
20 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
21 person to seek its modification by the Court in the future.
22 12.2 Right to Assert Other Objections. No Party waives any right it otherwise
23 would have to object to disclosing or producing any information or item on any ground
24 not addressed in this Protective Order. Similarly, no Party waives any right to object
25 on any ground to use in evidence of any of the material covered by this Protective
26 Order.
27 12.3 Filing Protected Material. A Party that seeks to file under seal any
1 orders of the assigned District Judge and Magistrate Judge. Protected Material may
2 only be filed under seal pursuant to a court order authorizing the sealing of the specific
3 Protected Material at issue. If a Party’s request to file Protected Material under seal is
4 denied by the court, then the Receiving Party may file the information in the public
5 record unless otherwise instructed by the court.
6 13. FINAL DISPOSITION
7 After the final disposition of this Action, as defined in Section 4, within 60 days
8 of a written request by the Designating Party, each Receiving Party must return all
9 Protected Material to the Producing Party or destroy such material. As used in this
10 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 Party
13 must submit a written certification to the Producing Party (and, if not the same person
14 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
15 category, where appropriate) all the Protected Material that was returned or destroyed
16 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
17 compilations, summaries or any other format reproducing or capturing any of the
18 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
19 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
20 legal memoranda, correspondence, deposition and trial exhibits, expert reports,
21 attorney work product, and consultant and expert work product, even if such materials
22 contain Protected Material. Any such archival copies that contain or constitute
23 Protected Material remain subject to this Protective Order as set forth in Section 4.
24 14. Any violation of this Order may be punished by any and all appropriate
25 measures including, without limitation, contempt proceedings and/or monetary
26 sanctions.
27 ///
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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4 I, [print or type full name], of [print
5 or type full address], declare under penalty of perjury that I have read in its entirety and
6 understand the Protective Order that was issued by the United States District Court
7 for the Eastern District of California on in the case of
8 . I agree to comply with and to be bound by
9 all the terms of this Protective Order and I understand and acknowledge that failure to
10 so comply could expose me to sanctions and punishment in the nature of contempt.
11 I solemnly promise that I will not disclose in any manner any information or item
12 that is subject to this Protective Order to any person or entity except in strict compliance
13 with the provisions of this Order.
14 I further agree to submit to the jurisdiction of the United States District Court
15 for the Eastern District of California for the purpose of enforcing the terms of this
16 Protective Order, even if such enforcement proceedings occur after termination of
17 this action. I hereby appoint [print or type full
18 name] of [print or type full address and telephone
19 number] as my California agent for service of process in connection with this action
20 or any proceedings related to enforcement of this Protective Order.
21 Date:
22 City and State where sworn and signed:
23 Printed name:
24 Signature:
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1 COURT ORDER ENTERING STIPULATED PROTECTIVE ORDER
2 Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY
3 ORDERED that:
4 1. The above stipulated protective order is ENTERED;
5 2. The provisions of the parties’ stipulation and this protective order shall remain in
6 effect until further order of the Court;
7 3. The parties are advised that pursuant to the Local Rules of the United States District
8 Court, Eastern District of California, any documents which are to be filed under seal
9 will require a written request which complies with Local Rule 141;
10 4. The party making a request to file documents under seal shall be required to show
11 either good cause or compelling reasons to seal the documents, depending on the type
12 of filing, Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–78 (9th Cir. 2009); Ctr.
13 for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101 (9th Cir. 2016); and
14 5. If a party’s request to file Protected Material under seal is denied by the Court, then
15 the previously filed material shall be immediately accepted by the court and become
16 information in the public record and the information will be deemed filed as of the
17 date that the request to file the Protected Information under seal was made.
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1 Additionally, the parties shall consider resolving any dispute arising under the protective
2 || order according to the Court’s informal discovery dispute procedure.
3
4 IS SO ORDERED.
A (re
5 lI pated: _ July 14, 2025 OF
6 STANLEY A. BOONE
United States Magistrate Judge
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