The opinion
1 || Annette F. Mijanovic (Bar No. 264638)
amijanovie@hbbla com
2 || Philip E. McDermott (Bar No. 305530)
nmcdermoth hoplaw: com
3 || HAIGHT BROWN & BONESTEEL LLP
555 South Flower Street, F orty-F ifth Floor
4 || Los Angeles, California 9007
Telephone: 213.542.8000
5 || Facsimile: 213.542.8100
6 Attorneys for Plaintiff DHL EXPRESS
(ITALY) S.R.L.
7
UNITED STATES DISTRICT COURT
8
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
9
10
DHL EXPRESS (ITALY) S.R.L., Case No. 2:25-cv-09545-SVW (PDx)
11
Plaintiff, STIPULATION AND
12 PROTECTIVE ORDER
V.
13
ITALIST INC.; and DOES 1-10,
=v 14 Inclusive,
15 Defendants.
7 1. PURPOSES AND LIMITATIONS
18 Discovery in this action is likely to involve production of confidential,
19 proprietary or private information for which special protection from public
20 disclosure and from use for any purpose other than pursuing this litigation may be
21 warranted. Accordingly, the parties hereby stipulate to and petition the Court to
22 enter the following Stipulated Protective Order. The parties acknowledge that this
23 Order does not confer blanket protections on all disclosures or responses to
24 discovery and that the protection it affords from public disclosure and use extends
25 only to the limited information or items that are entitled to confidential treatment
26 under the applicable legal principles.
/
28
1 2. GOOD CAUSE STATEMENT
2 This action is likely to involve trade secrets, customer and pricing lists and
3 || other valuable research, development, commercial, financial, technical and/or
4 || proprietary information for which special protection from public disclosure and
5 || from use for any purpose other than prosecution of this action is warranted. Such
6 || confidential and proprietary materials and information consist of, among other
7 || things, confidential business or financial information, information regarding
8 || confidential business practices, or other confidential research, development, or
9 || commercial information (including information implicating privacy rights of third
10 || parties), information otherwise generally unavailable to the public, or which may be
11 || privileged or otherwise protected from disclosure under state or federal statutes,
12 || court rules, case decisions, or common law. Accordingly, to expedite the flow of
13 || information, to facilitate the prompt resolution of disputes over confidentiality of
ON 14 || discovery materials, to adequately protect information the parties are entitled to keep
15 || confidential, to ensure that the parties are permitted reasonably necessary uses of
16 || such material in preparation for and in the conduct of trial, to address their handling
17 || at the end of the litigation, and serve the ends of justice, a protective order for such
18 || information is justified in this matter. It is the intent of the parties that information
19 || will not be designated as confidential for tactical reasons and that nothing be so
20 || designated without a good faith belief that it has been maintained in a confidential,
21 ||non-public manner, and there is good cause why it should not be part of the public
22 || record of this case.
23 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
24 The parties further acknowledge, as set forth in Section 14.3, below, that
25 || this Stipulated Protective Order does not entitle them to file confidential
26 || information under seal; Local Civil Rule 79-5 sets forth the procedures that
27 || must be followed and the standards that will be applied when a party seeks
28 || permission from the court to file material under seal. There is a strong
1 || presumption that the public has a right of access to judicial proceedings and
2 ||records in civil cases. In connection with non-dispositive motions, good cause
3 || must be shown to support a filing under seal. See Kamakana v. City and County of
4 || Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307
5 || F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187
6 || F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
7 || cause showing), and a specific showing of good cause or compelling reasons with
8 || proper evidentiary support and legal justification, must be made with respect to
9 || Protected Material that a party seeks to file under seal. The parties’ mere designation
10 || of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY
11 |} CONFIDENTIAL — ATTORNEYS’ EYES ONLY does not— without the
12 submission of competent evidence by declaration, establishing that the material
13 || sought to be filed under seal qualifies as confidential, privileged, or otherwise
ON 14 || protectable—constitute good cause.
15 Further, if a party requests sealing related to a dispositive motion or trial, then
16 || compelling reasons, not only good cause, for the sealing must be shown, and the
17 || relief sought shall be narrowly tailored to serve the specific interest to be protected.
18 || See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For
19 || each item or type of information, document, or thing sought to be filed or introduced
20 || under seal, the party seeking protection must articulate compelling reasons,
21 || supported by specific facts and legal justification, for the requested sealing order.
22 || Again, competent evidence supporting the application to file documents under seal
23 || must be provided by declaration.
24 Any document that is not confidential, privileged, or otherwise
25 || protectable in its entirety will not be filed under seal if the confidential portions
26 || can be redacted. If documents can be redacted, then a redacted version for
27 || public viewing, omitting only the confidential, privileged, or otherwise
28 || protectable portions of the document, shall be filed. Any application that seeks
1 || to file documents under seal in their entirety should include an explanation of
2 || why redaction is not feasible.
3 4. DEFINITIONS
4 4.1 Action: DHL Express (Italy) S.r.l. v. Italist Inc., et al., United States
5 || District Court, Central District of California Case No. 2:25-cv-09545-SVW (PDx).
6 4.2 Challenging Party: a Party or Non-Party that challenges the designation of
7 || information or items under this Order.
8 4.3 “CONFIDENTIAL” Information or Items: information (regardless of how
9 || it is generated, stored or maintained) or tangible things that qualify for protection
10 |) under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
11 || Cause Statement.
12 4.4 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY”
13 || Information or Items (regardless of how it is generated, stored or maintained) or
ON 14 || tangible things that include highly sensitive information, disclosure of which to
© 15 || another Party or Non-Party would create a substantial risk of serious harm that could
16 || not be avoided by less restrictive means.
17 4.5 Counsel: Outside Counsel of Record and House Counsel (as well as their
18 || support staff).
19 4.6 Designating Party: a Party or Non-Party that designates information or
20 || items that it produces in disclosures or in responses to discovery as
21 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
22 |} ONLY.”
23 4.7 Disclosure or Discovery Material: all items or information, regardless of
24 || the medium or manner in which it is generated, stored, or maintained (including,
25 ||among other things, testimony, transcripts, and tangible things), that are produced or
26 || generated in disclosures or responses to discovery.
27
28
l 4.8 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 4.9 House Counsel: attorneys who are employees of a party to this Action.
5 || House Counsel does not include Outside Counsel of Record or any other outside
6 || counsel.
7 4.10 Non-Party: any natural person, partnership, corporation, association or
8 || other legal entity not named as a Party to this action.
9 4.11 Outside Counsel of Record: attorneys who are not employees of a party
10 || to this Action but are retained to represent a party to this Action and have appeared
11 |}in this Action on behalf of that party or are affiliated with a law firm that has
12 || appeared on behalf of that party, and includes support staff.
13 4.12 Party: any party to this Action, including all of its officers, directors,
ON 14 || employees, consultants, retained experts, and Outside Counsel of Record (and their
15 || support staffs).
16 4.13 Producing Party: a Party or Non-Party that produces Disclosure or
17 || Discovery Material in this Action.
18 4.14 Professional Vendors: persons or entities that provide litigation support
19 || services (e.g., photocopying, videotaping, translating, preparing exhibits or
20 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
21 || and their employees and subcontractors.
22 4.15 Protected Material: any Disclosure or Discovery Material that is
23 || designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL —
24 || ATTORNEYS’ EYES ONLY.”
25 4.16 Receiving Party: a Party that receives Disclosure or Discovery Material
26 || from a Producing Party.
28 ///
1 5. SCOPE
2 The protections conferred by this Stipulation and Order cover not only
3 || Protected Material (as defined above), but also (1) any information copied or
4 || extracted from Protected Material; (2) all copies, excerpts, summaries, or
5 || compilations of Protected Material; and (3) any testimony, conversations, or
6 || presentations by Parties or their Counsel that might reveal Protected Material.
7 Any use of Protected Material at trial shall be governed by the orders of the
8 || trial judge and other applicable authorities. This Order does not govern the use of
9 || Protected Material at trial.
10 6. DURATION
11 Once a case proceeds to trial, information that was designated as
12 || “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
13 || ONLY,” or maintained pursuant to this protective order used or introduced as an
ON 14 || exhibit at trial becomes public and will be presumptively available to all members of
15 || the public, including the press, unless compelling reasons supported by specific
16 || factual findings to proceed otherwise are made to the trial judge in advance of the
17 || trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for
18 || sealing documents produced in discovery from “compelling reasons” standard when
19 || merits-related documents are part of court record). Accordingly, the terms of this
20 || protective order do not extend beyond the commencement of the trial.
21 7. DESIGNATING PROTECTED MATERIAL
22 7.1 Exercise of Restraint and Care in Designating Material for Protection.
23 || Each Party or Non-Party that designates information or items for protection under
24 || this Order must take care to limit any such designation to specific material that
25 || qualifies under the appropriate standards. The Designating Party must designate for
26 || protection only those parts of material, documents, items or oral or written
27 || communications that qualify so that other portions of the material, documents, items
28
1 || or communications for which protection is not warranted are not swept unjustifiably
2 || within the ambit of this Order.
3 Mass, indiscriminate or routinized designations are prohibited. Designations
4 || that are shown to be clearly unjustified or that have been made for an improper
5 || purpose (e.g., to unnecessarily encumber the case development process or to impose
6 || unnecessary expenses and burdens on other parties) may expose the Designating
7 || Party to sanctions.
8 If it comes to a Designating Party’s attention that information or items that it
9 || designated for protection do not qualify for protection, that Designating Party must
10 || promptly notify all other Parties that it is withdrawing the inapplicable designation.
11 7.2 | Manner and Timing of Designations. Except as otherwise provided in
12 || this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material
13 || that qualifies for protection under this Order must be clearly so designated before
ON 14 || the material is disclosed or produced.
© 15 Designation in conformity with this Order requires:
16 (a) for information in documentary form (e.g., paper or electronic
17 || documents, but excluding transcripts of depositions or other pretrial or trial
18 || proceedings), that the Producing Party affix at a minimum, the legend
19 || “CONFIDENTIAL” (hereinafter, “CONFIDENTIAL legend”’) or “HIGHLY
20 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY” (hereinafter, “AEO legend”), to
21 ||each page that contains protected material. If only a portion of the material on a
22 || page qualifies for protection, the Producing Party also must clearly identify the
23 || protected portion(s) (e.g., by making appropriate markings in the margins).
24 A Party or Non-Party that makes original documents available for inspection
25 ||need not designate them for protection until after the inspecting Party has indicated
26 || which documents it would like copied and produced. During the inspection and
27 || before the designation, all of the material made available for inspection shall be
28 || deemed “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” After the
1 || inspecting Party has identified the documents it wants copied and produced, the
2 || Producing Party must determine which documents, or portions thereof, qualify for
3 || protection under this Order. Then, before producing the specified documents, the
4 || Producing Party must affix the “CONFIDENTIAL legend” or “AEO legend” to
5 || each page that contains Protected Material as appropriate. If only a portion of the
6 || material on a page qualifies for protection, the Producing Party also must clearly
7 || identify the protected portion(s) (e.g., by making appropriate markings in the
8 || margins).
9 (b) for testimony given in depositions that the Designating Party
10 || identifies the Disclosure or Discovery Material on the record, before the close of the
11 || deposition all protected testimony.
12 (c) for information produced in some form other than documentary and
13 || for any other tangible items, that the Producing Party affix in a prominent place on
ON 14 || the exterior of the container or containers in which the information is stored the
15 || “CONFIDENTIAL legend” or “AEO legend.” If only a portion or portions of the
16 || information warrants protection, the Producing Party, to the extent practicable, shall
17 || identify the protected portion(s).
18 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
19 || failure to designate qualified information or items does not, standing alone, waive
20 || the Designating Party’s right to secure protection under this Order for such material.
21 || Upon timely correction of a designation, the Receiving Party must make reasonable
22 || efforts to assure that the material is treated in accordance with the provisions of this
23 || Order.
24 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
25 8.1. Timing of Challenges. Any Party or Non-Party may challenge a
26 || designation of confidentiality at any time that is consistent with the Court’s
27 || Scheduling Order. A Party shall not be obligated to challenge the propriety of any
28 || designation of Discovery Material under this Protective Order at the time the
1 || designation is made, and a failure to do so shall not preclude a subsequent challenge
2 || thereto
3 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
4 || resolution process under Local Rule 37-1 et seq.
5 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
6 || joint stipulation pursuant to Local Rule 37-2.
7 8.4 The burden of persuasion in any such challenge proceeding shall be on
8 || the Designating Party. Frivolous challenges, and those made for an improper
9 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other
10 || parties) may expose the Challenging Party to sanctions. Unless the Designating
11 || Party has waived or withdrawn the confidentiality designation, all parties shall
12 || continue to afford the material in question the level of protection to which it is
13 || entitled under the Producing Party’s designation until the Court rules on the
ON 14 || challenge.
© 15 8.5 Improper Designation. Disclosure or Discovery Material is not properly
16 || designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS’
17|| EYES ONLY if it has/had been:
18 (a) Available to the public at the time of its production hereunder;
19 (b) Available to the public after the time of its production through no
20 || act, or failure to act, on behalf of the Receiving Party, its counsel, representatives, or
21 || experts;
22 (c) Known to such Receiving Party, or shown to have been
23 || independently developed by such Receiving Party, prior to its production herein,
24 || without the use or benefit of Disclosure or Discovery Material;
25 (d) Obtained outside of this Action by such Receiving Party from the
26 || Producing Party without having been designated as CONFIDENTIAL or HIGHLY
27 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY; provided, however, that this
28
1 || provision does not negate a protective order in another action or any other pre-
2 || existing obligation of confidentiality;
3 (ec) Previously produced, disclosed, and/or provided by the Producing
4 || Party to the Receiving Party or any Third Party without an obligation of
5 || confidentiality, except for Discovery Material subject to the provisions of Section
6 || 7.3 of this Protective Order; or
7 (f) Obtained by the Receiving Party from a Third Party, provided the
8 || production by the Third Party did not violate this Protective Order or a protective
9 || order in another action or any other obligation of confidentiality.
10 9. ACCESS TO AND USE OF PROTECTED MATERIAL
11 9.1 Basic Principles. A Receiving Party may use Protected Material that
12 ||is disclosed or produced by another Party or by a Non-Party in connection
13 || with this Action only for prosecuting, defending or attempting to settle this
ON 14 || Action. Such Protected Material may be disclosed only to the categories of
15 || persons and under the conditions described in this Order. When the Action has
16 || been terminated, a Receiving Party must comply with the provisions of section
17 || 15 below (FINAL 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 9.2 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;
28
l (b) the officers, directors, and employees (including House Counsel) of
2 || the Receiving Party to whom disclosure is reasonably necessary for this Action;
3 (c) contract attorneys retained by a Party’s Outside Counsel of Record
4 || for the sole purpose of assisting with document review or other litigation support in
5 || this Action, who shall be subject to the same restrictions as Outside Counsel of
6 || Record described in subsection 9.3(a);
7 (d) Experts (as defined in this Order) of the Receiving Party to whom
8 || disclosure is reasonably necessary for this Action and who have signed the
9 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
10 (e) support personnel for Experts described in subsection 9.2(d), such
11 || as secretaries and clerical staff, assisting with this Action under the supervision of
12 ||an Expert described in subsection 9.2(d), provided that each such person has signed
13 || the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
ON 14 (f) the court and its personnel;
15 (g) court reporters and their staff;
16 (h) any interpreter, court reporter, or other shorthand reporter or typist
17 || who is translating, recording, or transcribing documents or testimony in connection
18 || with this Action;
19 (1) Professional Vendors (as defined in this Order) engaged for
20 || litigation support services and who have signed the “Acknowledgment and
21 || Agreement to Be Bound” (Exhibit A);
22 (j) professional jury or trial consultants, mock jurors, and Professional
23 || Vendors to whom disclosure is reasonably necessary for this Action and who have
24 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
25 (k) the author or recipient of a document containing the information or
26 || a custodian or other person who otherwise possessed or knew the information;
27 (1) during their depositions, witnesses, and attorneys for witnesses, in
28 || the Action to whom disclosure is reasonably necessary provided: (1) the deposing
1 || party requests that the witness sign the form attached as Exhibit A hereto; and (2)
2 || they will not be permitted to keep any confidential information unless they sign the
3 || ““Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
4 || agreed by the Designating Party or ordered by the court. Pages of transcribed
5 || deposition testimony or exhibits to depositions that reveal Protected Material may
6 || be separately bound by the court reporter and may not be disclosed to anyone except
7 ||as permitted under this Stipulated Protective Order;
8 (m) any mediators or settlement officers and their supporting personnel,
9 || mutually agreed upon by any of the parties engaged in settlement discussions; and
10 (n) any other person with the prior written consent of the Designating
11 || Party or by order of the Court, and who has signed the “Acknowledgment and
12 || Agreement to Be Bound” (Exhibit A).
13 9.3 Disclosure of “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
ON 14 || ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
© 15 || writing by the Designating Party, a Receiving Party may disclose any information or
16 || item designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” only
17 || to:
18 (a) the Receiving Party’s Outside Counsel of Record in this Action;
19 (b) support personnel for Outside Counsel of Record described in
20 || subsection 9.3(a), such as law clerks, analysts, paralegals, patent agents, secretaries,
21 || and clerical staff, assisting with this Action under the supervision of an attorney
22 || described in subsection 9.3(a);
23 (c) House Counsel for the Receiving Party;
24 (d) contract attorneys retained by a Party’s Outside Counsel of Record
25 || for the sole purpose of assisting with document review or other litigation support in
26 || this Action, who shall be subject to the same restrictions as Outside Counsel of
27 || Record described in subsection 9.3(a);
28
l (ce) Experts (as defined in this Order) who are expressly retained by
2 || Outside Counsel of Record to assist in this Action, including any associates or
3 || analysts working under the supervision of the Expert, with disclosure only to the
4 || extent reasonably necessary to perform such work, provided that each such person
5 || has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
6 (f) support personnel for Experts described in subsection 9.3(d), such as
7 || secretaries and clerical staff, assisting with this Action under the supervision of an
8 || Expert described in subsection 9.3(d), provided that each such person has signed the
9 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
10 (g) any interpreter, court reporter, or other shorthand reporter or typist
11 || who is translating, recording, or transcribing documents or testimony in connection
12 || with this Action; and
13 (h) Professional Vendors (as defined in this Order) engaged for
ON 14 || litigation support services and who have signed the “Acknowledgment and
15 || Agreement to Be Bound” (Exhibit A);
16 (1) the court and its personnel;
17 (j) any other person with the prior written consent of the Designating
18 || Party or by order of the Court, and who has signed the “Acknowledgment and
19 || Agreement to Be Bound” (Exhibit A);
20 (k) court reporters and their staff who have signed the
21 ||““Acknowledgment and Agreement to Be Bound” (Exhibit A);
22 (1) during their depositions, witnesses, and attorneys for witnesses, in
23 || the Action to whom disclosure is reasonably necessary provided: (1) the deposing
24 || party requests that the witness sign the form attached as Exhibit A hereto; and (2)
25 || they will not be permitted to keep any confidential information unless they sign the
26 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
27 agreed by the Designating Party or ordered by the court. Pages of transcribed
28 || deposition testimony or exhibits to depositions that reveal Protected Material may
1 || be separately bound by the court reporter and may not be disclosed to anyone except
2 || as permitted under this Stipulated Protective Order; and
3 (m) any mediators or settlement officers and their supporting personnel,
4 || mutually agreed upon by any of the parties engaged in settlement discussions, who
5 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
6 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
7 PRODUCED IN OTHER LITIGATION
8 If a Party is served with a subpoena or a court order issued in other litigation
9 || that compels disclosure of any information or items designated in this Action as
10 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
11 ||} ONLY” (collectively, “Protected Material”) that Party must:
12 (a) promptly notify in writing the Designating Party. Such notification
13 || shall include a copy of the subpoena or court order;
ON 14 (b) promptly notify in writing the party who caused the subpoena or
15 || order to issue in the other litigation that some or all of the material covered by the
16 || subpoena or order is subject to this Protective Order. Such notification shall include
17 ||a copy of this Stipulated Protective Order; and
18 (c) cooperate with respect to all reasonable procedures sought to be
19 || pursued by the Designating Party whose Protected Material may be affected. If the
20 || Designating Party timely seeks a protective order, the Party served with the
21 ||)subpoena or court order shall not produce any information designated in this action
22 || as “Protected Material before a determination by the court from which the subpoena
23 || or order issued, unless the Party has obtained the Designating Party’s permission.
24 || The Designating Party shall bear the burden and expense of seeking protection in
25 || that court of its confidential material and nothing in these provisions should be
26 || construed as authorizing or encouraging a Receiving Party in this Action to disobey
27 ||a lawful directive from another court.
28
1 11. ANON-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 Non-
4 || Party in this Action and designated as Protected Material. Such information
5 || produced by Non-Parties in connection with this litigation is protected by the
6 || remedies and relief provided by this Order. Nothing in these provisions should be
7 || construed as prohibiting a Non-Party from seeking additional protections.
8 (b) In the event that a Party is required, by a valid discovery request, to
9 || produce a Non-Party’s confidential information in its possession, and the Party is
10 || subject to an agreement with the Non-Party not to produce the Non-Party’s
11 || confidential information, then the Party shall:
12 (1) promptly notify in writing the Requesting Party and the Non-Party
13 || that some or all of the information requested is subject to a confidentiality
ON 14 || agreement with a Non-Party;
15 (2) promptly provide the Non-Party with a copy of the Stipulated
16 || Protective Order in this Action, the relevant discovery request(s), and a
17 || reasonably specific description of the information requested; and
18 (3) make the information requested available for inspection by the Non-
19 || Party, if requested.
20 (c) If the Non-Party fails to seek a protective order from this court within 14
21 || days of receiving the notice and accompanying information, the Receiving Party
22 || may produce the Non-Party’s confidential information responsive to the discovery
23 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall
24 || not produce any information in its possession or control that is subject to the
25 || confidentiality agreement with the Non-Party before a determination by the court.
26 || Absent a court order to the contrary, the Non-Party shall bear the burden and
27 || expense of seeking protection in this court of its Protected Material.
28 ///
1 12. 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 an
9 || Agreement to Be Bound” attached hereto as Exhibit A.
10 13. INADVERTENT PRODUCTION OF PRIVILEGED OR
11 OTHERWISE PROTECTED MATERIAL
12 When a Producing Party gives notice to Receiving Parties that certain
13 || inadvertently produced material is subject to a claim of privilege or other protection,
ON 14 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
15 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
16 || may be established in an e-discovery order that provides for production without
17 || prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
18 || as the parties reach an agreement on the effect of disclosure of a communication or
19 || information covered by the attorney-client privilege or work product protection, the
20 || parties may incorporate their agreement in the stipulated protective order submitted
21 || to the court.
22 14. MISCELLANEOUS
23 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
24 || person to seek its modification by the Court in the future.
25 14.2 Right to Assert Other Objections. By stipulating to the entry of this
26 || Protective Order, no Party waives any right it otherwise would have to object to
27 || disclosing or producing any information or item on any ground not addressed in this
28
1 || Stipulated Protective Order. Similarly, no Party waives any right to object on any
2 || ground to use in evidence of any of the material covered by this Protective Order.
3 14.3 Filing Protected Material. A Party that seeks to file under seal any
4 || Protected Material must comply with Local Civil Rule 79-5. Protected Material may
5 || only be filed under seal pursuant to a court order authorizing the sealing of the
6 || specific Protected Material. If a Party’s request to file Protected Material under seal
7 ||is denied by the court, then the Receiving Party may file the information in the
8 || public record unless otherwise instructed by the court.
9 15. FINAL DISPOSITION
10 After the final disposition of this Action, as defined in paragraph 6, within 60
11 || days of a written request by the Designating Party, each Receiving Party must return
12 || all Protected Material to the Producing Party or destroy such material. As used in
13 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
ON 14 || summaries, and any other format reproducing or capturing any of the Protected
© 15 || Material. Whether the Protected Material is returned or destroyed, the Receiving
16 || Party must submit a written certification to the Producing Party (and, if not the same
17 || person or entity, to the Designating Party) by the 60-day deadline that (1) identifies
18 || (by category, where appropriate) all the Protected Material that was returned or
19 || destroyed, and (2) affirms that the Receiving Party has not retained any copies,
20 || abstracts, compilations, summaries or any other format reproducing or capturing any
21 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to
22 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
23 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
24 || reports, attorney work product, and consultant and expert work product, even if such
25 || materials contain Protected Material. Any such archival copies that contain or
26 || constitute Protected Material remain subject to this Protective Order as set forth in
27 || Section 6 (DURATION).
28 ||///
1 16. VIOLATION
2 Any violation of this Order may be punished by appropriate measures
3 || including, without limitation, contempt proceedings and/or monetary sanctions.
4
5 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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7|| DATED: February 19, 2026 ___/s/ Philip E. McDermott
8 Attorneys for Plaintiff DHL EXPRESS
9 (ITALY) S.R.L.
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11 |) DATED: February 19, 2026 ____/s/ Allan Anderson
12 Attorneys for Defendant ITALIST INC.
2B
ON 14 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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16 || DATED: 02/20/2026
Palaces Mana hoe_
19 PATRICIA DONAHUE
20 United States Magistrate Judge
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I hereby acknowledge that I, [NAME],
4 [POSITION AND EMPLOYER], am
5 |}about to recetve Protected Material designated as “CONFIDENTIAL” or “HIGHLY
6 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY,” supplied in connection with the Action,
7 || bearing case number 2:25-cv-09545-SVW (PDx). I certify that I understand that the Protected
8 || Material is provided to me subject to the terms and restrictions of the Stipulation and Protective
9 || Order filed in this Action. I have been given a copy of the Stipulation and Protective Order; I have
10 || read it, and I agree to be bound by its terms.
11 I understand that the Protected Material, as defined in the Stipulation and Protective
12 || Order, including any notes or other records that may be made regarding any such materials, shall
13 || not be Disclosed to anyone except as expressly permitted by the Stipulation and Protective Order.
ON 14 || I will not copy or use, except solely for the purposes of this Proceeding, any Protected Material
15 || obtained pursuant to this Stipulation and Protective Order, except as provided therein or
16 || otherwise ordered by the Court in the Action.
\///
18 ||///
19 ///
20 |}///
21 \///
22 \\///
23 \)///
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25 \)///
26 |}///
\V///
28 |V///
1 I further understand that I am to retain all copies of all Protected Material provided to me
2 || 1n the Action in a secure manner, and that all copies of such materials are to remain in my
3 || personal custody until termination of my participation in this Action, whereupon the copies of
4 || such materials will be returned to counsel who provided me with such materials.
5 I declare under penalty of perjury, under the laws of the United States of America, that the
6 || foregoing is true and correct. Executed this ss dayof_————s, 20_—s, at
7 .
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9 || DATED: BY:
10 Signature
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12 Title
2B
ON 14 Address
15 ———___ oa
16 City, State, Zip
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18 Telephone Number
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1 Attestation Pursuant to Local Rule 5-4.3.4(a)(2)(i)
2 I hereby attest that I have obtained concurrence in the filing of this document
3 || from the other signatories to this document. I declare under the penalty of perjury
4 || under the laws of the United States of America that the foregoing is true and correct.
5
DATED: February 19, 2026 HAIGHT BROWN & BONESTEEL LLP
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9 By: /s/ Philip E. McDermott
Annette F. Miyanovic
10 Philip E. McDermott
11 Attorneys for Plaintiff DHL EXPRESS
(ITALY) S.R.L.
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2B
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