The opinion
1 |} UMBERG ZIPSER LLP WOLF, RIFKIN, SHAPIRO, SCHULMAN
> || Mark A. Finkelstein (SBN 173851) & RABKIN, LLP
~ || mfinkelstein@uzllp.com Matthew Oster (SBN 190541)
3 || Ellen S. Kim (SBN 329348) moster@wrslawyers.com
4 ekim@uzllp.com Paulo A. de Almeida (SBN 279168)
1920 Main Street, Suite 750 pdealmeida@wrslawyers.com
5 || Irvine, California 92614 11400 W Olympic Blvd., 9" FI.
6 || Telephone: (949) 679-0052 Los Angeles, CA 90064
Facsimile: (949) 679-0461 Telephone: (310) 478-4100
7
g || Attorneys for Plaintiff Attorneys for Defendant
SEATTLE CELL MARKET, LLC M. SEGUE CORPORATION
9
10
4 UNITED STATES DISTRICT COURT
3 CENTRAL DISTRICT OF CALIFORNIA
13
14 || SEATTLE CELL MARKET, LLC, Case No. 2:25-cv-06165-JFW (Ex)
15
Plaintiff, Assigned to: Hon. Charles F. Eick
16
19 Vs. DISCOVERY MATTER
M. SEGUE CORPORATION, JOINT STIPULATION AND
18 }PROPOSED] PROTECTIVE
19 Defendant. ORDER
20
21
22
23
24
25
26
27
28
CASE NO. 2:25-CVv-06165-JFW (EX)
JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER
1. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 || proprietary or private information for which special protection from public disclosure
4 || and from use for any purpose other than pursuing this litigation may be warranted.
5 || Accordingly, Plaintiff Seattle Cell Market, LLC (“Plaintiff or “SCM”’), on the one
6 |)hand, and Defendant M. Segue Corporation (“Defendant” or “Segue”), on the other
7 ||hand (collectively, the “Parties”), hereby stipulate to and petition the Court to enter
8 || this Stipulated Protective Order (“Protective Order” or the ““Order’”). The Parties
9 || acknowledge that this Order does not confer blanket protections on all disclosures or
10 |/responses to discovery and that the protection it affords from public disclosure and use
11 || extends only to the limited information or items that are entitled to confidential
12 |! treatment under the applicable legal principles.
13 Further, as set forth in Sections 3 and 14.3 below, this Protective Order does not
14 || entitle the Parties to file confidential information under seal. Rather, when the Parties
15 || seek permission from the court to file material under seal, the Parties must comply
16 || with Civil Local Rule 79-5 and with any pertinent orders of the assigned District
17 || Judge and Magistrate Judge.
18 2 GOOD CAUSE STATEMENT
19 This action 1s likely to involve highly sensitive financial information, customer
20 || or supplier identifiers, and pricing lists and other valuable research, development,
21 ||commercial, financial, technical and/or proprietary information for which special
22 || protection from public disclosure and from use for any purpose other than prosecution
23 || of this action is warranted. Such confidential and proprietary materials and
24 || information consist of, among other things, the parties’ respective customer or
25 || supplier identifying information, sales and revenue data, business decisions, internal
26 || company communications, pricing lists, confidential business or financial information,
27 || information regarding confidential business practices, or other confidential research,
28 || development, or commercial information (including information implicating privacy
JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER
| rights of third parties), information otherwise generally unavailable to the public, or
2 || which may be privileged or otherwise protected from disclosure under state or federal
3 || statutes, court rules, case decisions, or common law. Accordingly, to expedite the
4 || flow of information, to facilitate the prompt resolution of disputes over confidentiality
5 || of discovery materials, to adequately protect highly sensitive information the parties
6 |/are entitled to keep confidential (public disclosure of which would risk harming their
7 || competitive positions in their industries and could also result in reputational harm), to
8 || ensure that the parties are permitted reasonable necessary uses of such material in
9 || preparation for and in the conduct of trial, to address their handling at the end of the
10 || litigation, and to serve the ends of justice, a protective order for such information is
11 || justified in this matter. It is the intent of the Parties that information will not be
12 || designated as confidential for tactical reasons and that nothing be so designated
13 || without a good faith belief that it has been maintained in a confidential, non-public
14 manner, and there is good cause why it should not be part of the public record of this
15 case.
16 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
17 The Parties acknowledge, as also set forth Section 14.3 below, that this
18 || Protective Order does not entitle them to file confidential information under seal.
19 || When the Parties seek permission from the court to file material under seal, the Parties
20 |)must comply with Civil Local Rule 79-5 and with any pertinent orders of the assigned
21 || District Judge and Magistrate Judge.
22 There is a strong presumption that the public has a right of access to judicial
23 || proceedings and records in civil cases. See Kamakana v. City and County of
24 || Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006). To overcome this presumption, a
25 || specific showing of good cause or compelling reasons with proper evidentiary support
26 || and legal justification must be made with respect to Protected Material that a party
27 || seeks to file under seal. See Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d
28 || 1092, 1097 (9th Cir. 2016). The Parties’ mere designation of Disclosure or Discovery
JOINT STIPULATION AND fPPROPROSED] PROTECTIVE ORDER
| || Material as CONFIDENTIAL does not—without the submission of competent
2 || evidence by declaration, establishing that the material sought to be filed under seal
3 || qualifies as confidential, privileged, or otherwise protectable—constitute good cause.
4 Further, if a party requests sealing, the relief sought shall be narrowly tailored to serve
5 || the specific interest to be protected.
6 Any document that is not confidential, privileged, or otherwise protectable in its
7 || entirety will not be filed under seal if the confidential portions can be redacted. If
8 || documents can be redacted, then a redacted version for public viewing, omitting only
9 || the confidential, privileged, or otherwise protectable portions of the document, shall
10 |/ be filed. Any application that seeks to file documents under seal in their entirety
11 || should include an explanation of why redaction is not feasible.
12 4. DEFINITIONS
13 4.1 Action: The instant federal lawsuit, styled as Seattle Cell Market, LLC v.
14 || M. Segue Corporation, Case No. 2:25-cv-06165-JFW (Ex).
15 4.2 Challenging Party: a Party or Non-Party that challenges the
16 || designation of information or items under this Order.
17 4.3. “CONFIDENTIAL” and “ATTORNEYS’ EYES ONLY” Information or
18 || Items: information (regardless of how it is generated, stored or maintained) or tangible
19 |! things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as
20 || specified above in the Good Cause Statement.
21 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
22 || support staff).
23 4.5 Designating Party: a Party or Non-Party that designates information or
24 items that it produces in disclosures or in responses to discovery as
25 ||“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”
26 4.6 Disclosure or Discovery Material: all items or information, regardless of
27 |!the medium or manner in which it is generated, stored, or maintained (including,
28 || among other things, testimony, transcripts, and tangible things), that are produced or
JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER
! || generated in disclosures or responses to discovery.
2 4.7 Expert: a person with specialized knowledge or experience in a matter
3 || pertinent to the litigation who has been retained by a Party or its counsel to serve as an
4 || expert witness or as a consultant in this Action.
5 4.8 House Counsel: attorneys who are employees of a party to this Action.
6 || House Counsel does not include Outside Counsel of Record or any other outside
7 |) counsel.
8 4.9 Non-Party: any natural person, partnership, corporation, association or
9 || other legal entity not named as a Party to this action.
10 4.10 Qutside Counsel of Record: attorneys who are not employees of a party
11 || to this Action but are retained to represent a party to this Action and have appeared in
12 this Action on behalf of that party or are affiliated with a law firm that has appeared
13 || on behalf of that party, and includes support staff.
14 4.11 Producing Party: a Party or Non-Party that produces Disclosure or
15 |} Discovery Material in this Action.
16 4.12 Professional Vendors: persons or entities that provide litigation support
17 || services (e.g., photocopying, videotaping, translating, preparing exhibits or
18 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
19 || and their employees and subcontractors.
20 4.13 Protected Material: any Disclosure or Discovery Material that is
21 || designated as “CONFIDENTIAL” or ‘ATTORNEYS’ EYES ONLY.””
22 4.14 Receiving Party: a Party that receives Disclosure or Discovery
23 || Material from a Producing Party.
24 5. SCOPE
25 The protections conferred by this Stipulation and Order cover not only
26 || Protected Material (as defined above), but also (1) any information copied or extracted
27 || from Protected Material; (2) all copies, excerpts, summaries, or compilations of
28 || Protected Material; and (3) any testimony, conversations, or presentations by Parties
—_.JTWT———————* "Sissons oy ne WD
JOINT STIPULATION AND PROPOSED] PROTECTIVE ORDER
1 || or their Counsel that might reveal Protected Material.
2 Any use of Protected Material during a court hearing or at trial shall be
3 || governed by the orders of the presiding judge and other applicable authorities. This
4 || Order does not govern the use of Protected Material during a court hearing or at trial.
5 6. DURATION
6 Even after final disposition of this litigation, the confidentiality obligations
7 |/imposed by this Order shall remain in effect until a Designating Party agrees
8 || otherwise in writing or a court order otherwise directs. Final disposition shall be
9 || deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
10 || or without prejudice; or (2) final judgment herein after the completion and exhaustion
11 || of all appeals, rehearings, remands, trials, or reviews of this Action, including the time
12 || limits for filing any motions or applications for extension of time pursuant to
13 || applicable law.
14 Once a case proceeds to trial, information that was designated as
15 |} CONFIDENTIAL or maintained pursuant to this Protective Order used or introduced
16 as an exhibit at trial becomes public and will be presumptively available to all
17 |lmembers of the public, including the press, unless compelling reasons supported by
18 || specific factual findings to proceed otherwise are made to the trial judge in advance of
19 || the trial.
20 7. DESIGNATING PROTECTED MATERIAL
21 7.1 Exercise of Restraint and Care in Designating Material for Protection.
22 Each Party or Non-Party that designates information or items for protection
23 under this Order must take care to limit any such designation to specific material that
24 || qualifies under the appropriate standards.
25 A document should be designated “CONFIDENTIAL.” when it contains
26 || confidential information that may be reviewed by a designated manager of the
27 receiving party but must be protected against disclosure to unauthorized third parties.
28 || A document may be designated ‘ATTORNEYS’ EYES ONLY” only when it contains
<r TO
JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER
| || supplier/vendor identifiers, customer identifiers, sales and revenue data, pricing,
2 || sensitive financial information, sensitive commercial or business information
3 || (including information implicating privacy rights of third parties), sensitive internal
4 || company communications, or information which would put the producing person or
5 || entity at a competitive disadvantage if the information became known to the receiving
6 || party.
7 The Designating Party must designate for protection only those parts of
8 || material, documents, items or oral or written communications that qualify so that other
9 || portions of the material, documents, items or communications for which protection is
10 |) not warranted are not swept unjustifiably within the ambit of this Order.
11 Mass, indiscriminate or routinized designations are prohibited. Designations
12 || that are shown to be clearly unjustified or that have been made for an improper
13 || purpose (e.g., to unnecessarily encumber the case development process or to impose
14 || unnecessary expenses and burdens on other parties) may expose the Designating Party
15 || to sanctions.
16 If it comes to a Designating Party’s attention that information or items that it
17 || designated for protection do not qualify for protection, that Designating Party must
18 |) promptly notify all other Parties that it is withdrawing the inapplicable designation.
19 7.2 Manner and Timing of Designations. Except as otherwise provided in
20 || this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that
21 || qualifies for protection under this Order must be clearly so designated before the
22 || material is disclosed or produced.
23 Designation in conformity with this Order requires:
24 (a) for information in documentary form (e.g., paper or electronic
25 documents, but excluding transcripts of depositions or other pretrial or trial
26 || proceedings), that the Producing Party affix at a minimum, the legend
27 ||““CONFIDENTIAL” or ‘ATTORNEYS’ EYES ONLY” to each page that contains
28 || protected material. If only a portion of the material on a page qualifies for protection,
= ee
JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER
| || the Producing Party also must clearly identify the protected portion(s) (e.g., by
2 || making appropriate markings in the margins).
3 A Party or Non-Party that makes original documents available for inspection
4 ||need not designate them for protection until after the inspecting Party has indicated
5 || which documents it would like copied and produced. During the inspection and
6 || before the designation, all of the material made available for inspection shall be
7 || deemed “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” After the inspecting
8 || Party has identified the documents it wants copied and produced, the Producing Party
9 || must determine which documents, or portions thereof, qualify for protection under this
10 ||Order. Then, before producing the specified documents, the Producing Party must
11 || affix the “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” legend to each page
12 || that contains Protected Material. If only a portion of the material on a page qualifies
13 || for protection, the Producing Party also must clearly identify the protected portion(s)
14 (e.g., by making appropriate markings in the margins).
15 (b) for testimony given in depositions that the Designating Party
16 || identifies the Disclosure or Discovery Material on the record, before the close of the
17 || deposition all protected testimony.
18 (c) for information produced in some form other than documentary and
19 || for any other tangible items, that the Producing Party affix in a prominent place on the
20 exterior of the container or containers in which the information is stored the legend
21 ||“CONFIDENTIAL” or “ATTORNEY’S EYES ONLY.” If only a portion or portions
22 || of the information warrants protection, the Producing Party, to the extent practicable,
23 || shall identify the protected portion(s).
24 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
25 || failure to designate qualified information or items does not, standing alone, waive the
26 || Designating Party’s right to secure protection under this Order for such material.
27 || Upon timely correction of a designation, the Receiving Party must make reasonable
28
CASE NO. 2:25-CV-06165-JFW (Ex)
JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER
| || efforts to assure that the material is treated in accordance with the provisions of this
2 || Order.
3 8 CHALLENGING CONFIDENTIALITY DESIGNATIONS
4 8.1. Timing of Challenges. Any Party or Non-Party may challenge a
5 || designation of confidentiality at any time that is consistent with the Court’s
6 || Scheduling Order.
7 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
8 }/resolution process under Local Rule 37-1 et seq.
9 The burden of persuasion in any such challenge proceeding shall be on the
10 |) Designating Party. Frivolous challenges, and those made for an improper purpose
11 |I(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
12 || expose the Challenging Party to sanctions. Unless the Designating Party has waived
13 || or withdrawn the confidentiality designation, all parties shall continue to afford the
14 || material in question the level of protection to which it is entitled under the Producing
15 || Party’s designation until the court rules on the challenge.
16 9. ACCESS TO AND USE OF PROTECTED MATERIAL
17 9.1 Basic Principles. A Receiving Party may use Protected Material that is
18 || disclosed or produced by another Party or by a Non-Party in connection with this
19 || Action only for prosecuting, defending, or attempting to settle this Action. Such
20 || Protected Material may be disclosed only to the categories of persons and under the
21 || conditions described in this Order. When the Action has been terminated, a Receiving
22 || Party must comply with the provisions of Section 15 below (FINAL DISPOSITION).
23 Protected Material must be stored and maintained by a Receiving Party at a
24 || location and in a secure manner that ensures that access is limited to the persons
25 || authorized under this Order.
26 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
27 || otherwise ordered by the court or permitted in writing by the Designating Party, a
28
CASE NO. 2:25-CV-06165-JFW (Ex)
JOINT STIPULATION AND PROPOSED] PROTECTIVE ORDER
| || Receiving Party may disclose any information or item designated “CONFIDENTIAL”
2 || only to:
3 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
4 || well as employees of said Outside Counsel of Record and Professional Vendors
5 || working with said Outside Counsel of Record to whom it is reasonably necessary to
6 || disclose the information for this Action;
(b) Experts of the Receiving Party to whom disclosure is reasonably
8 necessary for this Action and who have signed the “Acknowledgment and Agreement
9 ||to Be Bound” (Exhibit A);
10 (c) the court and its personnel;
11 (d) court reporters and their staff;
12 (e) professional jury or trial consultants, mock jurors, and Professional
13 || Vendors to whom disclosure is reasonably necessary for this Action and who have
14 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15 (f) the author or recipient of a document containing the information or a
16 |] custodian or other person who otherwise possessed or knew the information;
17 (g) 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 will
20 || not be permitted to keep any confidential information unless they sign the
21 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
22 || by the Designating Party or ordered by the court. Pages of transcribed deposition
23 || testimony or exhibits to depositions that reveal Protected Material may be separately
24 || bound by the court reporter and may not be disclosed to anyone except as permitted
25 || under this Protective Order; and
26 (h) any mediators or settlement officers and their supporting personnel,
27 || mutually agreed upon by any of the parties engaged in settlement discussions.
28 (1) the Parties’ officers, directors, employees and consultants to whom it
JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER
1 reasonably necessary to disclose the information for this Action;
2 Materials designated “ATTORNEYS’ EYES ONLY” as well as any copies or
3 || excerpts thereof, or analyses or reports, which pertain thereto, may be made
4 || available only to persons identified in Sections 9.2(a) through (h), of this Order.
5 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
6 PRODUCED IN OTHER LITIGATION
7 If a Party is served with a subpoena or a court order issued in other litigation
8 || that compels disclosure of any information or items designated in this Action as
9 ||““CONFIDENTIAL” or ‘ATTORNEYS’ EYES ONLY” that Party must:
10 (a) promptly notify in writing the Designating Party. Such notification
11 || shall 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 subpoena
14 || or order is subject to this Protective Order. Such notification shall include a copy of
15 || this 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. If the
18 || Designating Party timely seeks a protective order, the Party served with the subpoena
19 |! or court order shall not produce any information designated in this action as
20 || “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a determination by the
21 court from which the subpoena or order issued, unless the Party has obtained the
22 || Designating Party’s permission. The Designating Party shall bear the burden and
23 || expense of seeking protection in that court of its confidential material and nothing in
24 || these provisions should be construed as authorizing or encouraging a Receiving Party
25 || in this Action to disobey a lawful directive from another court.
26 11. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
27 PRODUCED IN THIS LITIGATION
28
ll
CASE NO. 2:25-CVv-06165-JFW (EX)
JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER
I (a) The terms of this Order are applicable to information produced by a
2 || Non-Party in this Action and designated as “CONFIDENTIAL” or “ATTORNEYS”
3 || EYES ONLY.” Such information produced by Non-Parties in connection with this
4 || litigation is protected by the remedies and relief provided by this Order. Nothing in
5 || these provisions should be construed as prohibiting a Non-Party from seeking
6 additional protections.
7 (b) In the event that a Party is required, by a valid discovery request, to
8 || produce a Non-Party’s confidential information in its possession, and the Party is
9 || subject to an agreement with the Non-Party not to produce the Non-Party’s
10 || confidential information, then the Party shall:
11 (1) promptly notify in writing the Requesting Party and the Non-
12 || Party that some or all of the information requested is subject to a confidentiality
13 || agreement with a Non-Party;
14 (2) promptly provide the Non-Party with a copy of the Protective
15 || Order in this Action, the relevant discovery request(s), and a reasonably specific
16 || description of the information requested; and
17 (3) make the information requested available for inspection by the
18 || Non-Party, if requested.
19 (c) If the Non-Party fails to seek a protective order from this court within
20 || 14 days of receiving the notice and accompanying information, the Receiving Party
21 ||may produce the Non-Party’s confidential information responsive to the discovery
22 ||request. If the Non-Party timely seeks a protective order, the Receiving Party shall
23 ||not produce any information in its possession or control that is subject to the
24 || confidentiality agreement with the Non-Party before a determination by the court,
25 unless otherwise required by the law or court order. Absent a court order to the
26 || contrary, the Non-Party shall bear the burden and expense of seeking protection in this
27 || court of its Protected Material.
28 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
JOINT STIPULATION AND PPROPOSED] PROTECTIVE ORDER
I If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
2 || Protected Material to any person or in any circumstance not authorized under this
3 || Protective Order, the Receiving Party must immediately (a) notify in writing the
4 || Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all
5 || unauthorized copies of the Protected Material, (c) inform the person or persons to
6 |}whom unauthorized disclosures were made of all the terms of this Order, and (d)
7 || request such person or persons to execute the “Acknowledgment and Agreement to Be
8 || Bound” attached hereto as Exhibit A.
13. INADVERTENT PRODUCTION OF PRIVILEGED OR
10 OTHERWISE PROTECTED MATERIAL
11 When a Producing Party gives notice to Receiving Parties that certain
12 || inadvertently produced material is subject to a claim of privilege or other protection,
13 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
14 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
15 || may be established in an e-discovery order that provides for production without prior
16 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
17 || Parties reach an agreement on the effect of disclosure of a communication or
18 information covered by the attorney-client privilege or work product protection, the
19 || Parties may incorporate their agreement in this Protective Order submitted to the
20 || court.
21 14. MISCELLANEOUS
22 14.1 Right to Further Relief. Nothing in this Protective Order abridges the
23 || right of any person to seek its modification by the Court in the future.
24 14.2 Right to Assert Other Objections. By stipulating to the entry of this
25 || Protective Order, no Party waives any right it otherwise would have to object to
26 || disclosing or producing any information or item on any ground not addressed in this
27 || Protective Order. Similarly, no Party waives any right to object on any ground to use
28 |/in evidence of any of the material covered by this Protective Order.
JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER
I 14.3 Filing Protected Material. A Party that seeks to file under seal any
2 || Protected Material must comply with Civil Local Rule 79-5 and with any pertinent
3 || orders of the assigned District Judge and Magistrate Judge. Protected Material may
4 || only be filed under seal pursuant to a court order authorizing the sealing of the
5 || specific Protected Material. If a Party’s request to file Protected Material under seal is
6 || denied by the court, then the Receiving Party may file the information in the public
7 ||record unless otherwise instructed by the court.
8 15. FINAL DISPOSITION
9 After the final disposition of this Action, as defined in Section 6, within 60 days
10 || of a written request by the Designating Party, each Receiving Party must return all
11 || Protected Material to the Producing Party or destroy such material. As used in this
12 || subdivision, “all Protected Material” includes all copies, abstracts, compilations,
13 summaries, and any other format reproducing or capturing any of the Protected
14 || Material. Whether the Protected Material is returned or destroyed, the Receiving
15 || Party must submit a written certification to the Producing Party (and, if not the same
16 || person or entity, to the Designating Party) by the 60-day deadline that (1) identifies
17 || (by category, where appropriate) all the Protected Material that was returned or
18 || destroyed and (2) affirms that the Receiving Party has not retained any copies,
19 || abstracts, compilations, summaries or any other format reproducing or capturing any
20 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to
21 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
22 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
23 ||reports, attorney work product, and consultant and expert work product, even if such
24 || materials contain Protected Material. Any such archival copies that contain or
25 constitute Protected Material remain subject to this Protective Order as set forth in
26 || Section 6 (DURATION).
27 16. VIOLATION
28
14
CASE NO. 2:25-CV-06165-JFW (EX)
JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER
1 Any violation of this Protective Order may be punished by appropriate
2 || measures including, without limitation, contempt proceedings and/or monetary
3 || sanctions.
4 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
5
6 |IDATED: 3/4/2026 /s/ Mark A. Finkelstein
7 Mark A. Finkelstein
Attorneys for Plaintiff
8 Seattle Cell Market, LLC
9
10 || DATED: 3/4/2026 /s/ Paulo A. de Almeida
Paulo A. de Almeida
Attorneys for Defendant
12 M. Segue Corporation
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
15
CASE NO. 2:25-CV-06165-JFW (EX)
JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER
1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
2
3 || DATED: 3/5/2026
4
7 United States Magistrate Judge
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
pa
CASE NO. 2:25-CV-06165-JFW (EX)
JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER
1
EXHIBIT A
3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
4 i, [print or type full name], of
5 [print or type full address],
6 || declare under penalty of perjury that I have read in its entirety and understand the
7 || Protective Order that was issued by the United States District Court for the Central
8 District of California on in the case of
9 . Lagree to comply with and to
10 be bound by all the terms of this Protective Order and I understand and acknowledge
that failure to so comply could expose me to sanctions and punishment in the nature of
12 || contempt. I solemnly promise that I will not disclose in any manner any information
13 |} OF item that is subject to this Protective Order to any person or entity except in strict
14 ||Compliance with the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District Court
16 || for the Central District of California for the purpose of enforcing the terms of this
Protective Order, even if such enforcement proceedings occur after termination of this
ig |[action. I hereby appoint [print or type full name] of
19 [print or type full address and
79 || telephone number] as my California agent for service of process in connection with
this action or any proceedings related to enforcement of this Protective Order.
22
3 Date:
4 City and State where sworn and signed:
25
Printed Name:
27
28 Signature:
17
1 || UMBERG ZIPSER LLP WOLF, RIFKIN, SHAPIRO,
> || Mark A. Finkelstein (SBN 173851) SCHULMAN & RABKIN, LLP
mfinkelstein@uzllp.com Matthew Oster (SBN 190541)
3 ||Ellen S. Kim (SBN 329348) moster@wrslawyers.com
4 |/ekim@uzllp.com Paulo A. de Almeida (SBN 279168)
1920 Main Street, Suite 750 pdealmeida@wrslawyers.com
5 || Irvine, California 92614 11400 W Olympic Blvd., 9" FI.
6 || Telephone: (949) 679-0052 Los Angeles, CA 90064
Facsimile: (949) 679-0461 Telephone: (310) 478-4100
7
g || Attorneys for Plaintiff Attorneys for Defendant
Seattle Cell Market, LLC M. Segue Corporation
9
10
UNITED STATES DISTRICT COURT
12 CENTRAL DISTRICT OF CALIFORNIA
13
'4 | SEATTLE CELL MARKET, LLC, Case No. 2:25-cv-06165-JFW (Ex)
15
ig Plaintiff, Assigned to: Hon. Charles F. Eick
17 = {PROPOSED} ORDER
1g ||M. SEGUE CORPORATION, REGARDING JOINT
STIPULATION
19 Defendant.
20 Complaint Filed: September 10, 2024
21 Trial Date: December 1, 2026
22
23
24
25
26
27
28
CASE NO. 2:25-CV-06165-JFW (EX)
{PReEPeSED} ORDER REGARDING JOINT STIPULATION
PROPOSED] ORDER
2 The parties are hereby DIRECTED to file a signed copy of a protective order
3 || within five (5) days of this Order which [includes] an “Attorneys’ Eyes Only” level of
4 || protection.
5
6 | IT IS SO ORDERED.
BLL
g Dated: 3/5/2026 By: SS
Hon. Charles F. Eick
9 United States Magistrate Judge
10
1]
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
28
CASE NO. 2:25-CV-06165-JFW (EX)
[PROPOSED] ORDER REGARDING JOINT STIPULATION