The opinion
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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ATLANTIC MUSIC GROUP LLC, Case No. 8:25-cv-02677-FWS-JDE
ATLANTIC RECORDING
11 CORPORATION, BAD BOY RECORDS
LLC, ELEKTRA ENTERTAINMENT Assigned to: Hon. Fred W. Slaughter
12
GROUP INC., ELEKTRA Magistrate Judge John D. Early
ENTERTAINMENT LLC, FUELED BY
13 RAMEN LLC, RHINO
ENTERTAINMENT LLC, WARNER STIPULATED PROTECTIVE
14
MUSIC INTERNATIONAL SERVICES ORDER
LIMITED, WARNER RECORDS INC.,
15 WARNER RECORDS LLC, 300
16 ENTERTAINMENT LLC, W CHAPPELL
MUSIC CORP., W.C.M. MUSIC CORP.,
17 WARNER CHAPPELL MUSIC, INC.,
and WARNER-TAMERLANE
18 PUBLISHING CORP.,
Plaintiffs,
19
vs.
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PACIFIC SUNWEAR OF CALIFORNIA,
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LLC; and DOES 1-10, inclusive
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Defendants.
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24 Based on the parties’ Stipulation (Dkt. 26) and for good cause shown, the Court
25 finds and orders as follows.
26 1. PURPOSES AND LIMITATIONS
27 Discovery in this action is likely to involve production of confidential,
28 proprietary or private information for which special protection from public disclosure
1 and from use for any purpose other than pursuing this litigation may be warranted.
2 Accordingly, the parties hereby stipulate to and petition the Court to enter the
3 following Stipulated Protective Order. The parties acknowledge that this Order does
4 not confer blanket protections on all disclosures or responses to discovery and that the
5 protection it affords from public disclosure and use extends only to the limited
6 information or items that are entitled to confidential treatment under the applicable
7 legal principles.
8 2. GOOD CAUSE STATEMENT
9 Good cause exists for the Court to enter the parties’ Stipulated Protective Order
10 under Federal Rule of Civil Procedure 26(c). Non-public and commercially sensitive
11 information, such as financial data, agreements, internal policies and procedures, and
12 other documents evidencing the parties’ non-public business operations and strategies,
13 will be disclosed in connection with this action. The public disclosure of such
14 information could cause financial and competitive harm to the parties. Entering the
15 Stipulated Protective Order would protect the parties from such harm and also
16 facilitate an efficient exchange of information between the parties throughout
17 discovery and the litigation. Accordingly, to expedite the flow of information, to
18 facilitate the prompt resolution of disputes over confidentiality of discovery materials,
19 to adequately protect information the parties are entitled to keep confidential, to
20 ensure that the parties are permitted reasonable necessary uses of such material in
21 preparation for and in the conduct of trial, to address their handling at the end of the
22 litigation, and to serve the ends of justice, a protective order for such information is
23 justified in this matter. It is the intent of the parties that information will not be
24 designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY for tactical reasons
25 and that nothing be so designated without a good faith belief that it has been
26 maintained in a confidential, non-public manner, and there is good cause why it
27 should not be part of the public record of this case.
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1 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
2 The parties further acknowledge, as set forth in Section 14.3, below, that this
3 Stipulated Protective Order does not entitle them to file confidential information under
4 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
5 standards that will be applied when a party seeks permission from the court to file
6 material under seal. There is a strong presumption that the public has a right of access
7 to judicial proceedings and records in civil cases. In connection with non-dispositive
8 motions, good cause must be shown to support a filing under seal. See Kamakana v.
9 City and Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.
10 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Elecs.,
11 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require
12 good cause showing), and a specific showing of good cause or compelling reasons
13 with proper evidentiary support and legal justification, must be made with respect to
14 Protected Material that a party seeks to file under seal. The parties’ mere designation
15 of Disclosure or Discovery Material as CONFIDENTIAL or ATTORNEYS’ EYES
16 ONLY does not—without the submission of competent evidence by declaration,
17 establishing that the material sought to be filed under seal qualifies as confidential,
18 privileged, or otherwise protectable—constitute good cause.
19 Further, if a party requests sealing related to a dispositive motion or trial, then
20 compelling reasons, not only good cause, for the sealing must be shown, and the relief
21 sought shall be narrowly tailored to serve the specific interest to be protected. See
22 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item
23 or type of information, document, or thing sought to be filed or introduced under seal,
24 the party seeking protection must articulate compelling reasons, supported by specific
25 facts and legal justification, for the requested sealing order. Again, competent
26 evidence supporting the application to file documents under seal must be provided by
27 declaration.
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1 Any document that is not confidential, privileged, or otherwise protectable in its
2 entirety will not be filed under seal if the confidential portions can be redacted. If
3 documents can be redacted, then a redacted version for public viewing, omitting only
4 the confidential, privileged, or otherwise protectable portions of the document, shall
5 be filed. Any application that seeks to file documents under seal in their entirety
6 should include an explanation of why redaction is not feasible.
7 4. DEFINITIONS
8 4.1 Action: Atlantic Music Group LLC et al. v. Pacific Sunwear of
9 California, LLC et al., Case No. 8:25-cv-02677-FWS-JDE.
10 4.2 Challenging Party: a Party or Non-Party that challenges the
11 designation of information or items under this Order.
12 4.3 CONFIDENTIAL Information or Items: information, documents, or
13 other materials labeled as CONFIDENTIAL upon the Designating Party’s good faith
14 belief that the information, documents, or materials contain trade secrets or nonpublic
15 proprietary confidential technical, scientific, financial, business, health, or medical
16 information, including confidential health information under the Health Insurance
17 Portability and Accountability Act of 1996 and its enabling regulations.
18 4.4 ATTORNEYS’ EYES ONLY Information or Items: information,
19 documents, or other materials labeled as ATTORNEYS’ EYES ONLY upon the
20 Designating Party’s good faith belief that the information, documents, or other
21 materials contain:
22 (a) sensitive technical information including current research and
23 development, manufacturing information, and patent prosecution information;
24 (b) sensitive business information including highly sensitive financial
25 or marketing information and the identity of suppliers, distributors, and customers
26 (potential and actual);
27 (c) competitive technical information including technical analyses or
28 comparisons of competitor’s products;
1 (d) competitive business information including nonpublic financial or
2 marketing analyses or comparisons of competitor’s products and strategic product
3 planning;
4 (e) competitively sensitive agreements and associated documents that
5 reflect detailed pricing, rate structures, revenue calculations and bases, usage metrics,
6 and other competitively sensitive and proprietary commercial information and
7 negotiated business arrangements; or
8 (f) any other CONFIDENTIAL information the Designating Party
9 reasonably and in good faith believes would likely cause harm if disclosed to anyone
10 other than those included in section 9.3.
11 4.5 Counsel: Outside Counsel of Record and House Counsel (as well as their
12 support staff).
13 4.6 Designating Party: a Party or Non-Party that designates information or
14 items that it produces in disclosures or in responses to discovery as CONFIDENTIAL
15 or ATTORNEYS’ EYES ONLY.
16 4.7 Disclosure or Discovery Material: all items or information, regardless of
17 the medium or manner in which it is generated, stored, or maintained (including,
18 among other things, testimony, transcripts, and tangible things), that are produced or
19 generated in disclosures or responses to discovery.
20 4.8 Expert: a person with specialized knowledge or experience in a matter
21 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
22 expert witness or as a consultant in this Action.
23 4.9 House Counsel: attorneys who are employees of a party to this Action
24 and their support staff. House Counsel does not include Outside Counsel of Record or
25 any other outside counsel.
26 4.10 Non-Party: any natural person, partnership, corporation, association, or
27 other legal entity not named as a Party to this action.
28 4.11 Outside Counsel of Record: attorneys who are not employees of a party
1 to this Action but are retained to represent a party to this Action and have appeared in
2 this Action on behalf of that party or are affiliated with a law firm that has appeared
3 on behalf of that party, and includes support staff.
4 4.12 Party: any party to this Action, including all of its officers, directors,
5 employees, consultants, retained experts, and Outside Counsel of Record (and their
6 support staffs).
7 4.13 Producing Party: a Party or Non-Party that produces Disclosure or
8 Discovery Material in this Action.
9 4.14 Professional Vendors: persons or entities that provide litigation support
10 services (e.g., document production, electronic discovery, photocopying, videotaping,
11 translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving
12 data in any form or medium) and their employees and subcontractors.
13 4.15 Protected Material: any Disclosure or Discovery Material that is
14 designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY.
15 4.16 Receiving Party: a Party that receives Disclosure or Discovery
16 Material from a Producing Party.
17 5. SCOPE
18 The protections conferred by this Stipulated Protective Order cover not only
19 Protected Material (as defined above), but also (1) any information copied or extracted
20 from Protected Material; (2) all copies, excerpts, summaries, or compilations of
21 Protected Material; and (3) any testimony, conversations, or presentations by Parties
22 or their Counsel that might reveal Protected Material.
23 Any use of Protected Material at trial shall be governed by the orders of the trial
24 judge and other applicable authorities. This Stipulated Protective Order does not
25 govern the use of Protected Material at trial.
26 6. DURATION
27 Once a case proceeds to trial, information that was designated as
28 CONFIDENTIAL, ATTORNEYS’ EYES ONLY, or maintained pursuant to this
1 Stipulated Protective Order used or introduced as an exhibit at trial becomes public
2 and will be presumptively available to all members of the public, including the press,
3 unless compelling reasons supported by specific factual findings to proceed otherwise
4 are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
5 (distinguishing “good cause” showing for sealing documents produced in discovery
6 from “compelling reasons” standard when merits-related documents are part of court
7 record). Accordingly, the terms of this Stipulated Protective Order do not extend
8 beyond the commencement of the trial.
9 7. DESIGNATING PROTECTED MATERIAL
10 7.1 Exercise of Restraint and Care in Designating Material for
11 Protection. Each Party or Non-Party that designates information or items
12 for protection under this Order must take care to limit any such designation to specific
13 material that qualifies under the appropriate standards. The Designating Party must
14 designate for protection only those parts of material, documents, items or oral or
15 written communications that qualify so that other portions of the material, documents,
16 items or communications for which protection is not warranted are not swept
17 unjustifiably within the ambit of this Order.
18 Mass, indiscriminate or routinized designations are prohibited. Designations
19 that are shown to be clearly unjustified or that have been made for an improper
20 purpose (e.g., to unnecessarily encumber the case development process or to impose
21 unnecessary expenses and burdens on other parties) may expose the Designating Party
22 to sanctions.
23 If it comes to a Designating Party’s attention that information or items that it
24 designated for protection do not qualify for protection, that Designating Party must
25 promptly notify all other Parties that it is withdrawing the inapplicable designation.
26 7.2 Manner and Timing of Designations. Except as otherwise provided in
27 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that
28 qualifies for protection under this Order must be clearly so designated before the
1 material is disclosed or produced. Designation in conformity with this Order requires:
2 (a) for information in documentary form (e.g., paper or electronic
3 documents, but excluding transcripts of depositions or other pretrial or trial
4 proceedings), that the Producing Party affix at a minimum, the legend
5 CONFIDENTIAL or ATTORNEYS’ EYES ONLY, to each page that contains
6 Protected Material. If only a portion of the material on a page qualifies for protection,
7 the Producing Party also must clearly identify the protected portion(s) (e.g., by
8 making appropriate markings in the margins).
9 A Party or Non-Party that makes original documents available for inspection
10 need not designate them for protection until after the inspecting Party has indicated
11 which documents it would like copied and produced. During the inspection and before
12 the designation, all of the material made available for inspection shall be deemed
13 CONFIDENTIAL or ATTORNEYS’ EYES ONLY. After the inspecting Party has
14 identified the documents it wants copied and produced, the Producing Party must
15 determine which documents, or portions thereof, qualify for protection under this
16 Order. Then, before producing the specified documents, the Producing Party must
17 affix the CONFIDENTIAL or ATTORNEYS’ EYES ONLY legend to each page that
18 contains Protected Material. If only a portion of the material on a page qualifies for
19 protection, the Producing Party also must clearly identify the protected portion(s)
20 (e.g., by making appropriate markings in the margins).
21 (b) for testimony given in depositions, that the Designating Party
22 identifies the Disclosure or Discovery Material on the record during the deposition or
23 within 30 days of the Designating Party’s receipt of the deposition transcript, and
24 requests the court reporter so designate the testimony as CONFIDENTIAL or
25 ATTORNEYS’ EYES ONLY in the transcript.
26 (c) for information produced in some form other than documentary
27 and for any other tangible items, that the Producing Party affix in a prominent place
28 on the exterior of the container or containers in which the information is stored the
1 legend CONFIDENTIAL or ATTORNEYS’ EYES ONLY. If only a portion or
2 portions of the information warrants protection, the Producing Party, to the extent
3 practicable, shall identify the protected portion(s).
4 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
5 failure to designate qualified information or items does not, standing alone, waive the
6 Designating Party’s right to secure protection under this Order for such material.
7 Upon timely notice and correction of a designation on substitute copies, the Receiving
8 Party must make reasonable efforts to assure that the material is treated in accordance
9 with the provisions of this Order including by, if needed, returning or destroying the
10 inadvertently undesignated materials.
11 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
12 8.1. Timing of Challenges. Any Party or Non-Party may challenge a
13 designation of confidentiality at any time that is consistent with the Court’s
14 Scheduling Order.
15 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
16 resolution process under Local Rule 37-1 et seq.
17 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
18 joint stipulation pursuant to Local Rule 37-2.
19 8.4 The burden of persuasion in any such challenge proceeding shall be on
20 the Designating Party. Frivolous challenges, and those made for an improper purpose
21 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
22 expose the Challenging Party to sanctions. Unless the Designating Party has waived or
23 withdrawn the confidentiality designation, all parties shall continue to afford the
24 material in question the level of protection to which it is entitled under the Producing
25 Party’s designation until the Court rules on the challenge.
26 9. ACCESS TO AND USE OF PROTECTED MATERIAL
27 9.1 Basic Principles. A Receiving Party may use Protected Material that is
28 disclosed or produced by another Party or by a Non-Party in connection with this
1 Action only for prosecuting, defending or attempting to settle this Action. Such
2 Protected Material may be disclosed only to the categories of persons and under the
3 conditions described in this Order. When the Action has been terminated, a Receiving
4 Party must comply with the provisions of section 15 below (FINAL DISPOSITION).
5 Protected Material must be stored and maintained by a Receiving Party at a
6 location and in a secure manner that ensures that access is limited to the persons
7 authorized under this Order.
8 9.2 Disclosure of CONFIDENTIAL Information or Items. Unless otherwise
9 ordered by the court or permitted in writing by the Designating Party, a Receiving
10 Party may disclose any information or item designated as
11 CONFIDENTIAL only to:
12 (a) the Receiving Party’s Outside Counsel of Record and House
13 Counsel, who are acting in a legal capacity and are actively engaged in this matter, as
14 well as non-lawyer members of their legal teams to whom it is reasonably necessary to
15 disclose the information for this Action;
16 (b) Experts (as defined in this Order) of the Receiving Party to whom
17 disclosure is reasonably necessary for this Action and who have signed the
18 “Acknowledgment and Agreement to Be Bound” (Exhibit A hereto);
19 (c) the court and its personnel;
20 (d) court reporters and their staff;
21 (e) any mediators or settlement officers and their supporting
22 personnel, either court-appointed or mutually agreed upon by any of the parties
23 engaged in settlement discussions;
24 (f) professional jury or trial consultants, mock jurors, and Professional
25 Vendors to whom disclosure is reasonably necessary for this Action and who have
26 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A hereto);
27 (g) the author or recipient of a document containing the information or
28 a custodian or other person who otherwise possessed or knew the information;
1 (h) during their depositions, witnesses, and attorneys for witnesses, in
2 the Action to whom disclosure is reasonably necessary provided: (1) the deposing
3 party requests that the witness sign the “Acknowledgment and Agreement to Be
4 Bound” (Exhibit A hereto); and (2) they will not be permitted to keep any confidential
5 information unless they sign the “Acknowledgment and Agreement to Be Bound”
6 (Exhibit A hereto), unless otherwise agreed by the Designating Party or ordered by the
7 court. Pages of transcribed deposition testimony or exhibits to depositions that reveal
8 Protected Material may be separately bound by the court reporter and may not be
9 disclosed to anyone except as permitted under this Stipulated Protective Order;
10 (i) the insurer of a party to the litigation and their employees to the
11 extent reasonably necessary to assist the party’s Counsel to afford the insurer an
12 opportunity to investigate and evaluate the claim for purposes of determining
13 coverage and for settlement purposes; and
14 (j) the officers, directors, and employees of the Receiving Party to
15 whom disclosure is reasonably necessary for this Action.
16 9.3 Disclosure of ATTORNEYS’ EYES ONLY Information or Items. Unless
17 otherwise ordered by the court or permitted in writing by the Designating Party, a
18 Receiving Party may disclose any information or item designated as
19 ATTORNEYS’ EYES ONLY to only those identified in section 9.2(a)-(g).
20 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
21 PRODUCED IN OTHER LITIGATION
22 If a Party is served with a subpoena or a court order issued in other litigation
23 that compels disclosure of any information or items designated in this Action as
24 CONFIDENTIAL or ATTORNEYS’ EYES ONLY, that Party must:
25 (a) promptly notify in writing the Designating Party. Such notification
26 shall include a copy of the subpoena or court order;
27 (b) promptly notify in writing the party who caused the subpoena or
28 order to issue in the other litigation that some or all of the material covered by the
1 subpoena or order is subject to this Stipulated Protective Order. Such notification shall
2 include a copy of this Stipulated Protective Order; and
3 (c) cooperate with respect to all reasonable procedures sought to be
4 pursued by the Designating Party whose Protected Material may be affected. If the
5 Designating Party timely seeks a protective order, the Party served with the subpoena
6 or court order shall not produce any information designated in this action as
7 CONFIDENTIAL or ATTORNEYS’ EYES ONLY before a determination by the
8 court from which the subpoena or order issued, unless the Party has obtained the
9 Designating Party’s permission. The Designating Party shall bear the burden and
10 expense of seeking protection in that court of its confidential material and nothing in
11 these provisions should be construed as authorizing or encouraging a Receiving Party
12 in this Action to disobey a lawful directive from another court.
13 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
14 BE PRODUCED IN THIS LITIGATION
15 (a) The terms of this Order are applicable to information produced by
16 a Non-Party in this Action and designated as CONFIDENTIAL or ATTORNEYS’
17 EYES ONLY. Such information produced by Non-Parties in connection with this
18 litigation is protected by the remedies and relief provided by this Order. Nothing in
19 these provisions should be construed as prohibiting a Non-Party from seeking
20 additional protections.
21 (b) In the event that a Party is required, by a valid discovery request,
22 to produce a Non-Party’s confidential information in its possession, and the Party is
23 subject to an agreement with the Non-Party not to produce the Non-Party’s
24 confidential information, then the Party shall:
25 (1) promptly notify in writing the Requesting Party and the
26 Non-Party that some or all of the information requested is subject to a confidentiality
27 agreement with a Non-Party;
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1 (2) promptly provide the Non-Party with a copy of the
2 Stipulated Protective Order in this Action, the relevant discovery request(s), and a
3 reasonably specific description of the information requested; and
4 (3) make the information requested available for inspection by
5 the Non-Party, if requested.
6 (c) If the Non-Party fails to seek a protective order from this court
7 within 14 days of receiving the notice and accompanying information, the Receiving
8 Party may produce the Non-Party’s confidential information responsive to the
9 discovery request. If the Non-Party timely seeks a protective order, the Receiving
10 Party shall not produce any information in its possession or control that is subject to
11 the confidentiality agreement with the Non-Party before a determination by the court.
12 Absent a court order to the contrary, the Non-Party shall bear the burden and expense
13 of seeking protection in this court of its Protected Material.
14 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
16 Protected Material to any person or in any circumstance not authorized under this
17 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
18 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
19 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
20 persons to whom unauthorized disclosures were made of all the terms of this Order,
21 and (d) request such person or persons to execute the “Acknowledgment and
22 Agreement to Be Bound” attached hereto as Exhibit A.
23 13. INADVERTENT PRODUCTION OF PRIVILEGED OR
24 OTHERWISE PROTECTED MATERIAL
25 Whether inadvertent or otherwise, the disclosure of any information,
26 documents, or other materials that are subject to an objection based on attorney-client
27 privilege or work-product protection will not be deemed to waive a party’s claim to its
28 attorney-client privilege or work-product protection and will not estop that party or the
1 privilege holder from designating the information or documents as attorney-client
2 privileged or subject to work-product protection at a later date. This Stipulated
3 Protective Order shall be interpreted to provide the maximum protection allowed
4 under Federal Rule of Evidence 502(d).
5 If a Producing Party inadvertently discloses information, documents, or other
6 materials that it believes is subject to a claim of attorney-client privilege or work-
7 product protection, the Producing Party may give prompt written notice to the
8 Receiving Party that the information, documents, or other materials are subject to a
9 claim of attorney-client privilege or work-product protection and may request that it
10 be returned to the Producing Party. Pursuant to Federal Rule of Civil Procedure
11 26(b)(5)(B), upon notice, regardless of whether the Receiving Party agrees with the
12 claim of privilege or work-product protection, the Receiving Party must: (a) promptly
13 return the information at issue; (b) not use or disclose the materials until the matter is
14 resolved; and (c) take reasonable steps to retrieve the information if the Receiving
15 Party further disclosed it. The Receiving Party may also present the information to the
16 Court under seal for a determination of the claim.
17 14. MISCELLANEOUS
18 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
19 person or entity to seek its modification by the Court in the future.
20 14.2 Right to Assert Other Objections. By stipulating to the entry of this
21 Stipulated Protective Order, no Party waives any right it otherwise would have to
22 object to disclosing or producing any information or item on any ground not addressed
23 in this Stipulated Protective Order. Similarly, no Party waives any right to object on
24 any ground to use in evidence of any of the material covered by this Stipulated
25 Protective Order.
26 14.3 Filing Protected Material. A Party that seeks to file under seal any
27 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
28 only be filed under seal pursuant to a court order authorizing the sealing of the
1 || specific Protected Material. If a Party’s request to file Protected Material under seal is
2 denied by the court, then the Receiving Party may file the information in the public
3 record unless otherwise instructed by the court.
4 15. FINAL DISPOSITION
5 After the final disposition of this Action, within 60 days of a written request by
6 || the Designating Party, each Receiving Party must return all Protected Material to the
7 || Producing Party or destroy such material. As used in this subdivision, “all Protected
8 || Material” includes all copies, abstracts, compilations, summaries, and any other
9 || format reproducing or capturing any of the Protected Material. Whether the Protected
10 || Material is returned or destroyed, the Receiving Party must submit a written
11 || certification to the Producing Party (and, if not the same person or entity, to the
12 || Designating Party) by the 60-day deadline that (1) identifies (by category, where
13 || appropriate) all the Protected Material that was returned or destroyed and (2) affirms
14 || that the Receiving Party has not retained any copies, abstracts, compilations,
15 ||summaries or any other format reproducing or capturing any of the Protected Material.
16 || Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
17 || pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
18 || correspondence, deposition and trial exhibits, expert reports, attorney work product,
19 || and consultant and expert work product, even if such materials contain Protected
20 || Material. Any such archival copies that contain or constitute Protected Material
21 |/remain subject to this Protective Order as set forth in section 6 (DURATION).
22 16. MVIOLATION
23 Any violation of this Order may be punished by appropriate measures
24 || including, without limitation, contempt proceedings and/or monetary sanctions.
25 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
26 || DATED: April 1, 2026 Lis. he AG
D. EARLY
United States Magistrate Judge
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QTIDI TT ATLIY CYICA'TINVL C\DINCD
1 EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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4 The undersigned hereby acknowledges that they have read the Court’s
5 Stipulated Protective Order attached hereto and dated April 1, 2026, in the case
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captioned Atlantic Music Group LLC et al. v. Pacific Sunwear of California, LLC et
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8 al., Case No. 8:25-cv-02677-FWS-JDE, pending in the United States District Court
9 for the Central District of California, and understands the terms and agrees to be
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bound by them. The undersigned also submits to the jurisdiction of the United States
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12 District Court for the Central District of California in matters relating to this
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Stipulated Protective Order and understands that its terms obligate them to use
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information, documents, or other materials designated as CONFIDENTIAL or
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16 ATTORNEYS’ EYES ONLY in accordance with the Stipulated Protective Order
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solely for the purposes of the above-captioned action, and not to disclose information,
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documents, or other materials designated as CONFIDENTIAL or ATTORNEYS’
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20 EYES ONLY to any other person, firm, or concern, except in accordance with the
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provisions of the Stipulated Protective Order.
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The undersigned acknowledges that violation of the Stipulated Protective Order
23
24 may result in penalties for contempt of court.
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Name: ______________________________________
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Job Title: ______________________________________
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28 Employer: ______________________________________
1 Business Address: ______________________________________
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______________________________________
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Date:
5 Signature
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