# Pait Solutions LLC v. Dejant Group Corp.et al

> District Court, C.D. California · August 11, 2025

URL: https://www.frixlaw.com/law-library/cases/11118523

## Case

- **Court:** District Court, C.D. California
- **Decided:** August 11, 2025
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
PAIT SOLUTIONS LLC, an Ohio
limited liability company; et al. Case No. 2:24-cv—08666 RGK (PVCx)
12 Lo. STIPULATED PROTECTIVE
Plaintiffs, ORDER
13
Vv.
14
15 DEJANT VENTURES CORP,
erroneously sued as “Dejant Group
16 Corp.”, a California corporation; et
al.,
17
18 Defendants.
|| DEJANT VENTURES CORP, a
20 California corporation,
71 Counterclaim Plaintiff,
22
V.
23
4 PAIT SOLUTIONS LLC, an Ohio
limited liability company; et al.,
25
36 Counterclaim Defendants.
27
28

1 | 1. INTRODUCTION
2 1.1 PURPOSES AND LIMITATIONS
3 Discovery in this action is likely to involve production of confidential,
4 || proprietary, or private information for which special protection from public
5 || disclosure and from use for any purpose other than prosecuting this litigation may
6 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
7 || enter the following Stipulated Protective Order. The parties acknowledge that this
8 || Order does not confer blanket protections on all disclosures or responses to
9 |) discovery and that the protection it affords from public disclosure and use extends
10 || only to the limited information or items that are entitled to confidential treatment
11 || under the applicable legal principles. The parties further acknowledge, as set forth
12 || in Section 12.3, below, that this Stipulated Protective Order does not entitle them to
13 || file confidential information under seal; Civil Local Rule 79-5 sets forth the
14 || procedures that must be followed and the standards that will be applied when a party
15 || seeks permission from the court to file material under seal.
16 1.2 GOOD CAUSE STATEMENT
17 The parties in the above-captioned action allege they are former business
18 || associates and are now direct competitors of each other for the marketing,
19 || distribution, and sale of beverage products, and licensing of related intellectual
20 || property. The parties have asserted cross-actions against each other for infringement
21 || of intellectual property, breach of contract, and various business torts. The parties
22 || allege this case is likely to involve discovery of their trade secrets, customer and
23 || pricing lists and other valuable research, development, commercial, financial,
24 || technical and/or proprietary information, from both the parties and from third parties
25 || who transact business with the parties, for which special protection from public
26 || disclosure and from use for any purpose other than prosecution of this action is
27 || warranted.
28

1 Such confidential and proprietary materials and information is anticipated to
2 || consist of, among other things, the parties’ confidential business or financial
3 || information, confidential information concerning the identity of customers and
4 || distributors and their preferences, the parties’ costs of goods sold and pricing
5 || practices, information regarding confidential business practices, or other
6 || confidential research, development, or commercial information (including
7 || information implicating privacy rights of third parties), contracts, non-public
8 || compilations of retail prices, supplier and vendor agreements, supplier and vendor
9 |) identities, supplier pricing information and commissions or fees paid to suppliers,
10 || personnel files, non-public policies and procedures, as well as other documents and
11 || information otherwise generally unavailable to the public, or which may be
12 || privileged or otherwise protected from disclosure under state or federal statutes,
13 || court rules, case decisions, or common law.
14 Accordingly, to expedite the flow of information, to facilitate the prompt
15 || resolution of disputes over confidentiality of discovery materials, to adequately
16 || protect information the parties are entitled to keep confidential, to ensure that the
17 || parties are permitted reasonable necessary uses of such material in preparation for
18 || and in the conduct of trial, to address their handling at the end of the litigation, and
19 || serve the ends of justice, a protective order for such information 1s justified in this
20 || matter. It is the intent of the parties that information will not be designated as
21 || confidential or attorneys eyes’ only for tactical reasons and that nothing be so
22 || designated without a good faith belief that it has been maintained in a confidential,
23 || non-public manner, and there is good cause why it should not be part of the public
24 || record of this case, or in the case of the most competitively sensitive material, why it
25 || should be produced solely on an attorneys’ eyes only basis.
26
27
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1 13 ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
2 SEAL
3 The parties further acknowledge that this Stipulated Protective Order does not
4 || entitle them to file confidential information under seal; Local Civil Rule 79-5 sets
5 || forth the procedures that must be followed and the standards that will be applied
6 || when a party seeks permission from the court to file material under seal.
7 There is a strong presumption that the public has a right of access to judicial
8 || proceedings and records in civil cases. In connection with non-dispositive motions,
9 || good cause must be shown to support a filing under seal (see Kamakana v. City and
10 || County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors
11 || Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics,
12 || Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
13 || require good cause showing)), and a specific showing of good cause or compelling
14 || reasons with proper evidentiary support and legal justification, must be made with
15 || respect to Protected Material that a party seeks to file under seal. The parties’ mere
16 || designation of Disclosure or Discovery Material as “CONFIDENTIAL” or
17 || “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” does not—without
18 || the submission of competent evidence by declaration, establish that the material
19 || sought to be filed under seal qualifies as confidential, privileged, or otherwise
20 || protectable—constitute good cause.
21 Further, if a party requests sealing related to a dispositive motion or trial, then
22 || compelling reasons, not only good cause, for the sealing must be shown, and the
23 || relief sought shall be narrowly tailored to serve the specific interest to be protected.
24 || See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
25 || each item or type of information, document, or thing sought to be filed or introduced
26 || under seal in connection with a dispositive motion or trial, the party seeking
27 || protection must articulate compelling reasons, supported by specific facts and legal
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1 || justification, for the requested sealing order. Again, competent evidence supporting
2 || the application to file documents under seal must be provided by declaration.
3 Any document that is not confidential, privileged, or otherwise protectable in
4 || its entirety will not be filed under seal if the confidential portions can be redacted. If
5 || documents can be redacted, then a redacted version for public viewing, omitting
6 || only the confidential, privileged, or otherwise protectable portions of the document,
7 || shall be filed. Any application that seeks to file documents under seal in their
8 || entirety should include an explanation of why redaction is not feasible.
9
10 || 2. DEFINITIONS
11 2.1 Action: the above-captioned pending federal lawsuit.
12 2.2 Challenging Party: a Party or Non-Party that challenges the
13 || designation of information or 1tems under this Order.
14 2.3. “CONFIDENTIAL” Information or Items: information (regardless of
15 || how it is generated, stored or maintained) or tangible things that qualify for
16 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in
17 || the Good Cause Statement.
18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
19 || their support staff).
20 2.5 Designating Party: a Party or Non-Party that designates information or
21 || items that it produces in disclosures or in responses to discovery as
22 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
23 || ONLY.”
24 2.6 Disclosure or Discovery Material: all items or information, regardless
25 || of the medium or manner in which it is generated, stored, or maintained (including,
26 || among other things, testimony, transcripts, and tangible things), that are produced or
27 || generated in disclosures or responses to discovery in this matter.
28

1 2.7 Expert: a person with specialized knowledge or experience in a matter
2 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
3 |} an expert witness or as a consultant in this Action.
4 2.8 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY”
5 || Information or Items: extremely sensitive “Confidential Information or Items,”
6 || disclosure of which to another Party or Non-Party would create a substantial risk of
7 || serious harm that could not be avoided by less restrictive means.
8 2.9 House Counsel: attorneys who are employees of a party to this Action.
9 || House Counsel does not include Outside Counsel of Record or any other outside
10 || counsel.
11 2.10 Non-Party: any natural person, partnership, corporation, association, or
12 || other legal entity not named as a Party to this action.
13 2.11 Outside Counsel of Record: attorneys who are not employees of a
14 || party to this Action but are retained to represent or advise a party to this Action and
15 || have appeared in this Action on behalf of that party or are affiliated with a law firm
16 || which has appeared on behalf of that party, and includes support staff.
17 2.12 Party: any party to this Action, including all of its officers, directors,
18 || employees, consultants, retained experts, and Outside Counsel of Record (and their
19 || support staffs).
20 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
21 || Discovery Material in this Action.
22 2.14 Professional Vendors: persons or entities that provide litigation
23 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or
24 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
25 || and their employees and subcontractors.
26 2.15 Protected Material: any Disclosure or Discovery Material that is
27 || designated as “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL —
28 || ATTORNEYS’ EYES ONLY.”

1 2.16 Receiving Party: a Party that receives Disclosure or Discovery
2 || Material from a Producing Party.
3
4 || 3. SCOPE
5 The protections conferred by this Stipulation and Order cover not only
6 || Protected Material (as defined above), but also (1) any information copied or
7 || extracted from Protected Material; (2) all copies, excerpts, summaries, or
8 || compilations of Protected Material; and (3) any testimony, conversations, or
9 || presentations by Parties, Non-Parties, or their Counsel that might reveal Protected
10 || Material.
11 Any use of Protected Material at trial will be governed by the orders of the
12 || trial judge. This Order does not govern the use of Protected Material at trial.
13
14 || 4. DURATION
15 Once a case proceeds to trial, all of the information that was designated as
16 || “CONFIDENTIAL” OR “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
17 || ONLY,” or maintained pursuant to this protective order becomes public and will be
18 || presumptively available to all members of the public, including the press, unless
19 || compelling reasons supported by specific factual findings to proceed otherwise are
20 || made to the trial judge in advance of the trial. See Kamakana v. City and County of
21 || Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”
22 || showing for sealing documents produced in discovery from “compelling reasons”
23 || standard when merits-related documents are part of court record). Accordingly, the
24 || terms of this protective order do not extend beyond the commencement of the trial.
25
26 || 5. DESIGNATING PROTECTED MATERIAL
27 5.1 Exercise of Restraint and Care in Designating Material for Protection.
28 || Each Party or Non-Party that designates information or items for protection under

1 || this Order must take care to limit any such designation to specific material that
2 || qualifies under the appropriate standards. The Designating Party must designate for
3 || protection only those parts of material, documents, items, or oral or written
4 || communications that qualify so that other portions of the material, documents,
5 || items, or communications for which protection is not warranted are not swept
6 || unjustifiably within the ambit of this Order.
7 Mass, indiscriminate, or routinized designations are prohibited. Designations
8 || that are shown to be clearly unjustified or that have been made for an improper
9 || purpose (e.g., to unnecessarily encumber the case development process or to impose
10 || unnecessary expenses and burdens on other parties) may expose the Designating
11 || Party to sanctions.
12 If it comes to a Designating Party’s attention that information or items that it
13 || designated for protection do not qualify for protection, that Designating Party must
14 || promptly notify all other Parties that it is withdrawing the inapplicable designation.
15 5.2 Manner and Timing of Designations. Except as otherwise provided in
16 || this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise
17 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
18 || under this Order must be clearly so designated before the material is disclosed or
19 || produced.
20 Designation in conformity with this Order requires:
21 (a) for information in documentary form (e.g., paper or electronic documents,
22 || but excluding transcripts of depositions or other pretrial or trial proceedings), that
23 || the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
24 || “CONFIDENTIAL legend”) or “HIGHLY CONFIDENTIAL — ATTORNEYS’
25 || EYES ONLY, (hereinafter “AEO CONFIDENTIAL legend”), to each page that
26 || contains protected material. If only a portion or portions of the material on a page
27 || qualifies for protection, the Producing Party also must clearly identify the protected
28 || portion(s) (e.g., by making appropriate markings in the margins).

1 A Party or Non-Party that makes original documents available for inspection
2 || need not designate them for protection until after the inspecting Party has indicated
3 || which documents it would like copied and produced. During the inspection and
4 || before the designation, all of the material made available for inspection will be
5 || deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’
6 || EYES ONLY,” as the case may be. After the inspecting Party has identified the
7 || documents it wants copied and produced, the Producing Party must determine which
8 || documents, or portions thereof, qualify for protection under this Order. Then, before
9 || producing the specified documents, the Producing Party must affix the
10 || “CONFIDENTIAL legend” or “AEO CONFIDENTIAL legend” to each page that
11 || contains Protected Material. If only a portion or portions of the material on a page
12 || qualifies for protection, the Producing Party also must clearly identify the protected
13 || portion(s) (e.g., by making appropriate markings in the margins).
14 (b) for testimony given in depositions that the Designating Party identify the
15 || Disclosure or Discovery Material on the record, before the close of the deposition all
16 || protected testimony and specify the level of protection being asserted. Alternatively,
17 || the Designating Party may designate information disclosed at the deposition as
18 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
19 || ONLY” by notifying the court reporter and other parties in writing, within fifteen
20 || (15) days of receipt of the transcript, of the specific pages and lines of the transcript
21 || which are designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL —
22 || ATTORNEYS’ EYES ONLY.” The parties may agree to a reasonable extension of
23 || the 15-day period for designation. Designations of transcripts will apply to audio,
24 || video, or other recordings of the testimony. During such 15-day period, the entire
25 || transcript shall recetve “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
26 || ONLY” treatment. Upon such designation, the court reporter and each party shall
27 || affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL —
28 || ATTORNEYS’ EYES ONLY”) to the designated pages and segregate them as

1 || appropriate. Only those portions that are appropriately designated for protection
2 || within the fifteen-day period shall be covered by the provisions of this Stipulated
3 || Protective Order after said designation period.
4 (c) for information produced in some form other than documentary and for
5 || any other tangible items, that the Producing Party affix in a prominent place on the
6 || exterior of the container or containers in which the information is stored the legend
7 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
8 || ONLY,” as the case may be. If only a portion or portions of the information
9 || warrants protection, the Producing Party, to the extent practicable, will identify the
10 || protected portion(s). The Receiving Party shall mark any hard-copy printouts and
11 || the storage medium of any permissible copies of such electronic material with the
12 || corresponding legend contained on the original and such copies shall become
13 || subject to the same protections as the information or items from which those copies
14 || were made.
15 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent
16 || failure to designate qualified information or items does not, standing alone, waive
17 || the Designating Party’s right to secure protection under this Order for such material.
18 || Upon timely correction of a designation, the Receiving Party must make reasonable
19 || efforts to assure that the material is treated in accordance with the provisions of this
20 || Order.
21
22 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
24 || designation of confidentiality at any time that is consistent with the Court’s
25 || Scheduling Order.
26 6.2 Meet and Confer. The Challenging Party will initiate the dispute
27 || resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1
28 || et seq.

1 6.3. The burden of persuasion in any such challenge proceeding will be on
2 || the Designating Party. Frivolous challenges, and those made for an improper
3 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other
4 || parties) may expose the Challenging Party to sanctions. Unless the Designating
5 || Party has waived or withdrawn the confidentiality designation, all parties will
6 || continue to afford the material in question the level of protection to which it is
7 || entitled under the Producing Party’s designation until the Court rules on the
8 || challenge.
9
10 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL
11 7.1 Basic Principles. A Receiving Party may use Protected Material that is
12 || disclosed or produced by another Party or by a Non-Party in connection with this
13 || Action only for prosecuting, defending, or attempting to settle this Action. Such
14 || Protected Material may be disclosed only to the categories of persons and under the
15 || conditions described in this Order. When the Action has been terminated, a
16 || Receiving Party must comply with the provisions of Section 13 below (FINAL
17 || DISPOSITION).
18 Protected Material must be stored and maintained by a Receiving Party at a
19 || location and in a secure manner that ensures that access is limited to the persons
20 || authorized under this Order.
21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
22 || otherwise ordered by the court or permitted in writing by the Designating Party, a
23 || Receiving Party may disclose any information or item designated
24 || “CONFIDENTIAL” only to:
25 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
26 || well as employees of said Outside Counsel of Record to whom it is reasonably
27 || necessary to disclose the information for this Action;
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1 (b) the officers, directors, and employees (including House Counsel) of
2 || the Receiving Party to whom disclosure is reasonably necessary for this Action
3 || unless any such information or item is designated as “CONFIDENTIAL-
4 |} ATTORNEYS AND EXPERTS’ EYES ONLY,” then in such case, only to those
5 || persons listed in Section 7.2(a), (d)-();
6 (c) Experts (as defined in this Order) of the Receiving Party to whom
7 || disclosure is reasonably necessary for this Action and who have signed the
8 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9 (d) the Court and its personnel;
10 (e) court reporters and their staff;
11 (f) professional jury or trial consultants, mock jurors, and Professional
12 || Vendors to whom disclosure is reasonably necessary for this Action and who have
13 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
14 (g) the author or recipient of a document containing the information or a
15 || custodian or other person who is shown, in written or oral evidence, or foundation
16 || laid in deposition testimony, to have otherwise possessed or knew the information;
17 (h) during their depositions, witnesses ,and attorneys for witnesses, in the
18 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party
19 || requests that the witness sign the form attached as Exhibit A hereto; and (2) they
20 || will not be permitted to keep any confidential information unless they sign the
21 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
22 || agreed by the Designating Party or ordered by the court. Pages of transcribed
23 || deposition testimony or exhibits to depositions that reveal Protected Material may
24 || be separately bound by the court reporter and may not be disclosed to anyone except
25 || as permitted under this Stipulated Protective Order; and
26 (1) any mediator or settlement officer, and their supporting personnel,
27 ‘|| mutually agreed upon by any of the parties engaged in settlement discussions.
28

1 7.3. Disclosure of “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
2 || ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
3 || writing by the Designating Party, a Receiving Party may disclose any information or
4 || item designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” only
5 || to:
6 (a) the Receiving Party’s Outside Counsel of Record in this action, as
7 || well as employees of said Outside Counsel of Record to whom it is reasonably
8 || necessary to disclose the information for this Action;
9 (b) experts (as defined in this Order) of the Receiving Party to whom
10 || disclosure is reasonably necessary for this Action and who have signed the
11 || “Acknowledgment and Agreement to Be Bound” (Exhibit A) prior to receiving
12 || “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” materials; provided,
13 || however, that before a Receiving Party may disclose, directly or indirectly, any
14 || information designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
15 || ONLY,” the Receiving Party must email written notice to the Designating Party’s
16 || outside counsel of record the following information regarding such expert or
17 || consultant: (1) an Executed Exhibit A; (11) confirmation that the expert or consultant
18 || has been advised in writing that his or her disclosure of information designated
19 || “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” to the Receiving
20 || Party is prohibited; and (111) the outside consultant’s current curriculum vitae or
21 || other description setting forth the person’s name and office address, his or her
22 || present employer with job title and job description, any business or personal
23 || relationship to any of the Parties (aside from being retained to consult and/or
24 || provide testimony in the Action), and a brief job history for the past five years;;
25 (c) the court and its personnel;
26 (d) court reporters and their staff,
27 (e) professional jury or trial consultants, and Professional Vendors to
28 || whom disclosure is reasonably necessary for this Action and who have signed the

1 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
2 (f) the author or recipient of a document containing the information or a
3 || custodian or other person who otherwise is shown, in written or oral evidence, or
4 || foundation laid in deposition testimony, possessed or knew the information;
5 (g) the Designating party’s own employees, officers and directors,
6 || solely as to the Designating party’s own “HIGHLY CONFIDENTIAL-
7 || ATTORNEYS’ EYES ONLY” material;
8 h) during their depositions, third-party witnesses and attorneys for
9 || third-party witnesses, in the Action to whom disclosure is reasonably necessary,
10 || provided: (1) no party or nonparty objects to the proposed disclosure to the third-
11 || party witness or attorney for the third-party witness; (2) the deposing party requests
12 || that the third-party witness sign the form attached hereto as Exhibit A; (3) prior to
13 || any disclosure, the deposing party consults with the Designating Party and counsel
14 || participating in the deposition in order to determine whether a party or nonparty
15 || objects to the disclosure; and (4) the third-party witness and his or her attorney may
16 || not keep any confidential information unless they sign the “Acknowledgment and
17 || Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating
18 || Party or ordered by the court. Pages of transcribed deposition testimony or exhibits
19 || to depositions that reveal Protected Material may be separately bound by the court
20 || reporter and may not be disclosed to anyone except as permitted under this
21 || Stipulated Protective Order; and
22 (i) any mediator or settlement officer, and their supporting personnel,
23 || mutually agreed upon by the parties engaged in settlement discussions.
24 7.4 Data Security. The Parties agree to provide adequate security to protect
25 || data produced by the other Party(ies) or by Non-Parties. At a minimum, any
26 || Receiving Party subject to the terms of this Protective Order, will provide
27 || reasonable measures to protect non-client data consistent with the American Bar
28

1 || Association Standing Committee on Ethics and Professional Responsibility, Formal
2 || Opinion 477R.
3
4 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
5 || INOTHER LITIGATION
6 Ifa Party is served with a subpoena or a court order issued in other litigation
7 || that compels disclosure of any information or items designated in this Action as
8 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
9 |} ONLY,” that Party must:
10 (a) promptly notify in writing the Designating Party. Such notification
11 || will include a copy of the subpoena or court order;
12 (b) promptly notify in writing the party who caused the subpoena or order
13 || to issue in the other litigation that some or all of the material covered by the
14 || subpoena or order is subject to this Protective Order. Such notification will include
15 || acopy of this Stipulated Protective Order; and
16 (c) cooperate with respect to all reasonable procedures sought to be
17 || pursued by the Designating Party whose Protected Material may be affected.
18 If the Designating Party timely seeks a protective order, the Party served with
19 || the subpoena or court order will not produce any information designated in this
20 || action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’
21 || EYES ONLY” before a determination by the court from which the subpoena or
22 || order issued, unless the Party has obtained the Designating Party’s permission. The
23 || Designating Party will bear the burden and expense of seeking protection in that
24 || court of its confidential material and nothing in these provisions should be construed
25 || as authorizing or encouraging a Receiving Party in this Action to disobey a lawful
26 || directive from another court.
27
28

1 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
2 || PRODUCED IN THIS LITIGATION
3 (a) The terms of this Order are applicable to information produced by a
4 || Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
5 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY”. Such information produced by
6 || Non-Parties in connection with this litigation is protected by the remedies and relief
7 || provided by this Order. Nothing in these provisions should be construed as
8 || prohibiting a Non-Party from seeking additional protections.
9 (b) In the event that a Party is required, by a valid discovery request, to
10 || produce a Non-Party’s confidential information in its possession, and the Party is
11 || subject to an agreement with the Non-Party not to produce the Non-Party’s
12 || confidential information, then the Party will:
13 (1) promptly notify in writing the Requesting Party and the Non-Party
14 || that some or all of the information requested is subject to a confidentiality
15 || agreement with a Non-Party;
16 (2) promptly provide the Non-Party with a copy of the Stipulated
17 || Protective Order in this Action, the relevant discovery request(s), and a reasonably
18 || specific description of the information requested; and
19 (3) make the information requested available for inspection by the
20 || Non-Party, if requested.
21 (c) If the Non-Party fails to seek a protective order from this court within
22 || 14 days of receiving the notice and accompanying information, the Receiving Party
23 || may produce the Non-Party’s confidential information responsive to the discovery
24 || request. If the Non-Party timely seeks a protective order, the Receiving Party will
25 || not produce any information in its possession or control that is subject to the
26 || confidentiality agreement with the Non-Party before a determination by the court.
27 || Absent a court order to the contrary, the Non-Party will bear the burden and expense
28 || of seeking protection in this court of its Protected Material.

1 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
3 || Protected Material to any person or in any circumstance not authorized under this
4 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in
5 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
6 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
7 || persons to whom unauthorized disclosures were made of all the terms of this Order,
8 || and (d) request such person or persons to execute the “Acknowledgment and
9 |) Agreement to Be Bound” that is attached hereto as Exhibit A.
10 Protected Material shall only be used for the purpose of litigating the Action
11 || and shall not be used in other actions or proceedings.
12 Persons having knowledge of Protected Material and information due to their
13 || participation in the conduct of this Action shall use such knowledge and information
14 || only as permitted herein, and shall not disclose such Protected Material, their
15 || contents or any portion or summary thereof to any person(s) not involved in the
16 || conduct of the Action.
17
18 || 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
19 || PROTECTED MATERIAL
20 The inadvertent production of privileged or work-product protected
21 || documents, electronically stored information (ESI) or information is not a waiver of
22 || the privilege or protection from discovery in this case or in any other federal or state
23 || proceeding. When a Producing Party gives notice to Receiving Parties that certain
24 || inadvertently produced material is subject to a claim of privilege or other protection,
25 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
26 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever
27 || procedure may be established in an e-discovery order that provides for production
28 || without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

1 || (e), insofar as the parties reach an agreement on the effect of disclosure of a
2 || communication or information covered by the attorney-client privilege or work
3 || product protection, the parties may incorporate their agreement in the stipulated
4 || protective order submitted to the court.
5 This Order shall be interpreted to provide the maximum protection allowed by
6 || Federal Rule of Evidence (FRE) 502(d) and shall be enforceable and granted full
7 || faith and credit in all other state and federal proceedings by 28 U.S. Code § 1738. In
8 || the event of any subsequent conflict of law, the law that is most protective of
9 || privilege and work product shall apply.
10 Nothing contained in this Order is intended to or shall serve to limit a Party’s
11 || right to conduct a review of documents, ESI or information (including metadata) for
12 || relevance, responsiveness and/or segregation of privileged and/or protected
13 || information before production.
14 If a Receiving Party has reason to believe that a produced document or other
15 || information may reasonably be subject to a claim of privilege, then the Receiving
16 || Party shall immediately sequester the document or information, cease using the
17 || document or information and cease using any work product containing the
18 || information, and shall inform the Producing Party of the beginning BATES number
19 || of the document or, if no BATES number is available, shall otherwise inform the
20 || Producing Party of the information.
21 A Producing Party must give written notice to any Receiving Party asserting a
22 || claim of privilege, work-product protection, or other ground for reclaiming
23 || documents or information (a “clawback request’). After a clawback request is
24 || received, the Receiving Party shall immediately sequester the document (if not
25 || already sequestered) and shall not review or use that document, or any work product
26 || containing information taken from that document, for any purpose. The Parties shall
27 ‘|| meet and confer regarding any clawback request.
28

1 || 12. MISCELLANEOUS
2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
3 || person to seek its modification by the Court in the future.
4 12.2 Right to Assert Other Objections. By stipulating to the entry of this
5 || Protective Order no Party waives any right it otherwise would have to object to
6 || disclosing or producing any information or item on any ground not addressed in this
7 || Stipulated Protective Order. Similarly, no Party waives any right to object on any
8 || ground to use in evidence of any of the material covered by this Protective Order.
9 12.3 Filing Protected Material. A Party that seeks to file under seal any
10 || Protected Material must comply with Civil Local Rule 79-5. Protected Material may
11 || only be filed under seal pursuant to a court order authorizing the sealing of the
12 || specific Protected Material at issue. If a Party’s request to file Protected Material
13 || under seal is denied by the court, then the Receiving Party may file the information
14 || inthe public record unless otherwise instructed by the court.
15
16 || 13. FINAL DISPOSITION
17 After the final disposition of this Action, as defined in Section 4, within 60
18 || days of a written request by the Designating Party, each Receiving Party must return
19 || all Protected Material to the Producing Party or destroy such material. As used in
20 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
21 || summaries, and any other format reproducing or capturing any of the Protected
22 || Material. Whether the Protected Material is returned or destroyed, the Receiving
23 || Party must submit a written certification to the Producing Party (and, if not the same
24 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
25 || (by category, where appropriate) all the Protected Material that was returned or
26 || destroyed and (2) affirms that the Receiving Party has not retained any copies,
27 || abstracts, compilations, summaries or any other format reproducing or capturing any
28 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to

1 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
2 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
3 || reports, attorney work product, and consultant and expert work product, even 1f such
4 || materials contain Protected Material. Any such archival copies that contain or
5 || constitute Protected Material remain subject to this Protective Order as set forth in
6 || Section 4 (DURATION).
7
8 || 14. Any willful violation of this Order may be punished by civil or criminal
9 || contempt proceedings, financial or evidentiary sanctions, reference to disciplinary
10 || authorities, or other appropriate action at the discretion of the Court.
11
12 || FOR GOOD CAUSE SHOWN BY THE PARTIES’ STIPULATION, IT IS SO
13 || ORDERED.
14
15 Kf °
16 || DATED: August 11, 2025 fuk
"7 United States Magistrate Judge
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, [full name], of
5 || [full address], declare under penalty of perjury that I have read in its entirety and
6 || understand the Stipulated Protective Order that was issued by the United States
7 || District Court for the Central District of California on [date] in the case of
8 [insert case name and number]. I agree to comply with and to be
9 || bound by all the terms of this Stipulated Protective Order and I understand and
10 || acknowledge that failure to so comply could expose me to sanctions and punishment
11 || in the nature of contempt. I solemnly promise that I will not disclose in any manner
12 || any information or item that is subject to this Stipulated Protective Order to any
13 || person or entity except in strict compliance with the provisions of this Order.
14 I further agree to submit to the jurisdiction of the United States District Court
15 || for the Central District of California for the purpose of enforcing the terms of this
16 || Stipulated Protective Order, even if such enforcement proceedings occur after
17 || termination of this action. I hereby appoint [full
18 || name] of [full address and
19 || telephone number] as my California agent for service of process in connection with
20 || this action or any proceedings related to enforcement of this Stipulated Protective
21 || Order.
22 || Date:
23 || City and State where signed:
24
25 || Printed name:
26
27 ‘|| Signature:
28

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11118523. Public record. Not legal advice.