The opinion
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 GRANDE COSMETICS, LLC, ) C ase No. 2:26-cv-02522-SPG-JDE
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Plaintiff, )
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13 STIPULATED PROTECTIVE
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14 vs. ) ORDER
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HDMA, INC. d/b/a FORCHICS, )
16 )
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17 Defendant. )
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Based on the Parties’ Stipulation (Dkt. 28) and for good cause shown, the Court
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finds and orders as follows.
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1. PURPOSES AND LIMITATIONS
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Discovery in this action is likely to involve production of confidential,
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proprietary or private information for which special protection from public disclosure
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and from use for any purpose other than pursuing this litigation may be warranted.
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This Order does not confer blanket protections on all disclosures or responses to
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discovery and the protection it affords from public disclosure and use extends only to
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the limited information or items that are entitled to confidential treatment under the
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applicable legal principles.
1 2. GOOD CAUSE STATEMENT
2 The Parties believe this action is likely to involve disclosure in discovery of
3 confidential product formulas, party sales and other financial information, valuable
4 research and studies on products, and other proprietary information for which special
5 protection from public disclosure and from use for any purpose other than prosecution
6 of this action is warranted. Such confidential and proprietary materials and
7 information consist of, among other things, confidential business or financial
8 information, information regarding confidential business practices, or other
9 confidential research, development, or commercial information (including information
10 implicating privacy rights of third parties), information otherwise generally
11 unavailable to the public, or which may be privileged or otherwise protected from
12 disclosure under state or federal statutes, court rules, case decisions, or common law.
13 Accordingly, to expedite the flow of information, to facilitate the prompt
14 resolution of disputes over confidentiality of discovery materials, to adequately
15 protect information the parties are entitled to keep confidential, to ensure that the
16 parties are permitted reasonable necessary uses of such material in preparation for and
17 in the conduct of trial, to address their handling at the end of the litigation, and serve
18 the ends of justice, a protective order for such information is justified in this matter. It
19 is the intent of the parties that information will not be designated as confidential for
20 tactical reasons and that nothing be so designated without a good faith belief that it
21 has been maintained in a confidential, non-public manner, and there is good cause
22 why it should not be part of the public 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 this
25 Order does not entitle them to file confidential information under seal; Local Civil
26 Rule 79-5 sets forth the procedures that must be followed and the standards that will
27 be applied when a party seeks permission from the court to file material under seal.
1 proceedings and records in civil cases. In connection with non-dispositive motions,
2 good cause must be shown to support a filing under seal. See Kamakana v. City and
3 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
4 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,
5 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
6 cause showing), and a specific showing of good cause or compelling reasons with
7 proper evidentiary support and legal justification, must be made with respect to
8 Protected Material that a party seeks to file under seal. The parties’ mere designation
9 of Disclosure or Discovery Material as CONFIDENTIAL or “HIGHLY
10 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” does not— without the
11 submission of competent evidence by declaration, establishing that the material sought
12 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—
13 constitute good cause.
14 Further, if a party requests sealing related to a dispositive motion or trial, then
15 compelling reasons, not only good cause, for the sealing must be shown, and the relief
16 sought shall be narrowly tailored to serve the specific interest to be protected. See
17 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item
18 or type of information, document, or thing sought to be filed or introduced under seal,
19 the party seeking protection must articulate compelling reasons, supported by specific
20 facts and legal justification, for the requested sealing order. Again, competent
21 evidence supporting the application to file documents under seal must be provided by
22 declaration.
23 Any document that is not confidential, privileged, or otherwise protectable in its
24 entirety will not be filed under seal if the confidential portions can be redacted. If
25 documents can be redacted, then a redacted version for public viewing, omitting only
26 the confidential, privileged, or otherwise protectable portions of the document, shall
27 be filed. Any application that seeks to file documents under seal in their entirety
1 4. DEFINITIONS
2 4.1 Action: this case, Grande Cosmetics, LLC v. HDMA, Inc. d/b/a
3 ForChics., Case No. 2:26-cv-02522-SPG-JDE, and the related case, Elixir Cosmetics
4 OpCo, LLC v. HDMA, Inc. d/b/a ForChics., Case No. 2:26-cv-02641-SPG-JDE.
5 4.2 Challenging Party: a Party or Non-Party that challenges the
6 designation of information or items under this Order.
7 4.3 “CONFIDENTIAL” Information or Items: information (regardless of
8 how it is generated, stored or maintained) or tangible things that qualify for protection
9 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
10 Cause Statement.
11 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
12 support staff).
13 4.5 Designating Party: a Party or Non-Party designating information or items
14 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or
15 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
16 4.6 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 4.7 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 4.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
24 Information or Items: extremely sensitive “Confidential Information or Items,”
25 disclosure of which to another Party or Non-Party would create a substantial risk of
26 serious harm that could not be avoided by less restrictive means.
27 4.9 House Counsel: attorneys employed by a party to this Action. House
1 4.10 Non-Party: any natural person, partnership, corporation, association or
2 other legal entity not named as a Party to this action.
3 4.11 Outside Counsel of Record: attorneys who are not employees of a party
4 to this Action but are retained to represent a party to this Action and have appeared in
5 this Action on behalf of that party or are affiliated with a law firm that has appeared
6 on behalf of that party, and includes support staff.
7 4.12 Party: any party to this Action, including all of its officers, directors,
8 employees, consultants, retained experts, and Outside Counsel of Record (and their
9 support staffs).
10 4.13 Producing Party: a Party or Non-Party that produces Disclosure or
11 Discovery Material in this Action.
12 4.14 Professional Vendors: persons or entities that provide litigation support
13 services (e.g., photocopying, videotaping, translating, preparing exhibits or
14 demonstrations, and organizing, storing, or retrieving data in any form or medium)
15 and their employees and subcontractors.
16 4.15 Protected Material: any Disclosure or Discovery Material that is
17 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
18 EYES ONLY.”
19 4.16 Receiving Party: a Party that receives Disclosure or Discovery
20 Material from a Producing Party.
21 5. SCOPE
22 The protections conferred by this Stipulation and Order cover not only
23 Protected Material (as defined above), but also (1) any information copied or extracted
24 from Protected Material; (2) all copies, excerpts, summaries, or compilations of
25 Protected Material; and (3) any testimony, conversations, or presentations by Parties
26 or their Counsel that might reveal Protected Material. Any use of Protected Material at
27 trial shall be governed by the orders of the trial judge and other applicable authorities.
1 6. DURATION
2 Once a case proceeds to trial, information that was designated as
3 CONFIDENTIAL, “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY or
4 maintained pursuant to this protective order used or introduced as an exhibit at trial
5 becomes public and will be presumptively available to all members of the public,
6 including the press, unless compelling reasons supported by specific factual findings
7 to proceed otherwise are made to the trial judge in advance of the trial. See
8 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing
9 documents produced in discovery from “compelling reasons” standard when merits-
10 related documents are part of court record). Accordingly, the terms of this protective
11 order do not extend beyond the commencement of the trial.
12 7. DESIGNATING PROTECTED MATERIAL
13 7.1 Exercise of Restraint and Care in Designating Material for
14 Protection. Each Party or Non-Party that designates information or items
15 for protection under this Order must take care to limit any such designation to specific
16 material that qualifies under the appropriate standards. The Designating Party must
17 designate for protection only those parts of material, documents, items or oral or
18 written communications that qualify so that other portions of the material, documents,
19 items or communications for which protection is not warranted are not swept
20 unjustifiably within the ambit of this Order.
21 Mass, indiscriminate or routinized designations are prohibited. Designations
22 that are shown to be clearly unjustified or that have been made for an improper
23 purpose (e.g., to unnecessarily encumber the case development process or to impose
24 unnecessary expenses and burdens on other parties) may expose the Designating Party
25 to sanctions.
26 If it comes to a Designating Party’s attention that information or items that it
27 designated for protection do not qualify for protection, that Designating Party must
1 7.2 Manner and Timing of Designations. Except as otherwise provided in
2 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that
3 qualifies for protection under this Order must be clearly so designated before the
4 material is disclosed or produced.
5 Designation in conformity with this Order requires:
6 (a) for information in documentary form (e.g., paper or electronic
7 documents, but excluding transcripts of depositions or other pretrial or trial
8 proceedings), that the Producing Party affix at a minimum, the legend
9 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), or “HIGHLY
10 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains
11 protected material. If only a portion of the material on a page qualifies for protection,
12 the Producing Party also must clearly identify the protected portion(s) (e.g., by
13 making appropriate markings in the margins).
14 A Party or Non-Party that makes original documents available for inspection
15 need not designate them for protection until after the inspecting Party has indicated
16 which documents it would like copied and produced. During the inspection and before
17 the designation, all of the material made available for inspection shall be deemed
18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
19 ONLY.” After the inspecting Party has identified the documents it wants copied and
20 produced, the Producing Party must determine which documents, or portions thereof,
21 qualify for protection under this Order. Then, before producing the specified
22 documents, the Producing Party must affix the “CONFIDENTIAL legend” or
23 “HIGHLY CONFIDENTIAL legend” to each page that contains Protected Material. If
24 only a portion of the material on a page qualifies for protection, the Producing Party
25 also must clearly identify the protected portion(s) (e.g., by making appropriate
26 markings in the margins).
27 (b) for testimony given in depositions that the Designating Party
1 deposition all protected testimony. Alternatively, the Designating Party may
2 designate information disclosed at the deposition as “CONFIDENTIAL” or
3 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by notifying the court
4 reporter and other parties in writing, within fifteen (15) days of receipt of the
5 transcript, of the specific pages and lines of the transcript which are designated as
6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
7 ONLY.” The parties may agree to a reasonable extension of the 15-day period for
8 designation. Designations of transcripts will apply to audio, video, or other recordings
9 of the testimony. During such 15-day period, the entire transcript shall receive
10 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” treatment. Upon such
11 designation, the court reporter and each party shall affix the appropriate legend
12 (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
13 ONLY”) to the designated pages and segregate them as appropriate. Only those
14 portions that are appropriately designated for protection within the fifteen-day period
15 shall be covered by the provisions of this Stipulated Protective Order after said
16 designation period.
17 (c) for information produced in some form other than documentary and
18 for any other tangible items, that the Producing Party affix in a prominent place on the
19 exterior of the container or containers in which the information is stored the legend
20 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
21 ONLY.” If only a portion or portions of the information warrants protection, the
22 Producing Party, to the extent practicable, shall identify the protected portion(s).
23 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
24 failure to designate qualified information or items does not, standing alone, waive the
25 Designating Party’s right to secure protection under this Order for such material.
26 Upon timely correction of a designation, the Receiving Party must make reasonable
27 efforts to assure that the material is treated in accordance with the provisions of this
1 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2 8.1. Timing of Challenges. Any Party or Non-Party may challenge a
3 designation of confidentiality at any time that is consistent with the Court’s
4 Scheduling Order.
5 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
6 resolution process under Local Rule 37-1 et seq.
7 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
8 joint stipulation pursuant to Local Rule 37-2.
9 8.4 The burden of persuasion in any such challenge proceeding shall be on
10 the Designating Party. Frivolous challenges, and those made for an improper purpose
11 (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 or
13 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
1 “CONFIDENTIAL” only to:
2 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
3 well as employees of said Outside Counsel of Record to whom it is reasonably
4 necessary to disclose the information for this Action;
5 (b) the officers, directors, and employees (including House Counsel) of
6 the Receiving Party to whom disclosure is reasonably necessary for this Action;
7 (c) 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 (d) the court and its personnel;
11 (e) court reporters and their staff;
12 (f) 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 (g) 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 (h) during their depositions, witnesses, and attorneys for witnesses, in the
18 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
19 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 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 Stipulated Protective Order; and
26 (i) any mediators or settlement officers and their supporting personnel,
27 mutually agreed upon by any of the parties engaged in settlement discussions.
1 9.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
2 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
3 writing by the Designating Party, a Receiving Party may disclose information or items
4 designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
5 (a) the Receiving Party’s Outside Counsel of Record, and employees of the
6 Outside Counsel of Record to whom it is reasonably necessary to disclose the
7 information for this Action;
8 (b) Experts (as defined in this Order) of the Receiving Party to whom
9 disclosure is reasonably necessary for this Action and who have signed the
10 “Acknowledgment and Agreement to Be Bound” (Exhibit A) prior to receiving
11 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” materials; provided,
12 however, that before a Receiving Party may disclose, directly or indirectly, any
13 information designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
14 ONLY,” the Receiving Party must email written notice to the Designating Party’s
15 outside counsel of record the following information regarding such expert or
16 consultant: (i) an Executed Exhibit A; (ii) confirmation that the expert or consultant
17 has been advised in writing that his or her disclosure of information designated
18 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to the Receiving
19 Party is prohibited; and (iii) the outside consultant’s current curriculum vitae or other
20 description setting forth the person’s name and office address, his or her present
21 employer with job title and job description, any business or personal relationship to
22 any of the Parties (aside from being retained to consult and/or provide testimony in
23 the Action), and a brief job history for the past five years;
24 (c) the Court and its personnel;
25 (d) court reporters and their staff;
26 (e) professional jury or trial consultants and Professional Vendors to whom
27 disclosure is reasonably necessary for this Action and who have signed the
1 (f) the author or recipient of a document containing the information or a
2 custodian or other person who otherwise possessed or knew the information;
3 (g) the Designating Party’s own employees, officers, and directors, solely as
4 to the Designating Party’s own “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES
5 ONLY” material;
6 (h) during their depositions, third-party witnesses, and attorneys for third-
7 party witnesses, in the Action to whom disclosure is reasonably necessary provided:
8 (1) no party or nonparty objects to the proposed disclosure to the third-party witness
9 or attorney for the third-party witness; (2) the deposing party requests that the third-
10 party witness sign the form attached hereto as Exhibit A; (3) prior to any disclosure,
11 the deposing party consults with the Designating Party and counsel participating in
12 the deposition in order to determine whether a party or nonparty objects to the
13 disclosure; and (4) the third-party witness and his or her attorney may not keep any
14 confidential information unless they sign the “Acknowledgment and Agreement to
15 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered
16 by the court. Pages of transcribed deposition testimony or exhibits to depositions that
17 reveal Protected Material may be separately bound by the court reporter and may not
18 be disclosed to anyone except as permitted under this Stipulated Protective Order;
19 and
20 (i) any mediator or settlement officer, and their supporting personnel,
21 mutually agreed upon by the parties engaged in settlement discussions.
22 9.4 Data Security. The Parties agree to provide adequate security to protect
23 data produced by the other Party(ies) or by Non-Parties. At a minimum, any
24 Receiving Party subject to the terms of this Protective Order, will provide reasonable
25 measures to protect non-client data consistent with the American Bar Association
26 Standing Committee on Ethics and Professional Responsibility, Formal Opinion
27 477R.”
1 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
2 PRODUCED IN OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other litigation
4 that compels disclosure of any information or items designated in this Action as
5 “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
6 ONLY” that Party must:
7 (a) promptly notify in writing the Designating Party. Such notification
8 shall include a copy of the subpoena or court order;
9 (b) promptly notify in writing the party who caused the subpoena or order
10 to issue in the other litigation that some or all of the material covered by the subpoena
11 or order is subject to this Protective Order. Such notification shall include a copy of
12 this Stipulated Protective Order; and
13 (c) cooperate with respect to all reasonable procedures sought to be
14 pursued by the Designating Party whose Protected Material may be affected. If the
15 Designating Party timely seeks a protective order, the Party served with the subpoena
16 or court order shall not produce any information designated in this action as
17 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
18 ONLY” before a determination by the court from which the subpoena or order issued,
19 unless the Party has obtained the Designating Party’s permission. The Designating
20 Party shall bear the burden and expense of seeking protection in that court of its
21 confidential material and nothing in these provisions should be construed as
22 authorizing or encouraging a Receiving Party in this Action to disobey a lawful
23 directive from another court.
24 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
25 PRODUCED IN THIS LITIGATION
26 (a) The terms of this Order are applicable to information produced by a Non-
27 Party in this Action and designated as “CONFIDENTIAL or “HIGHLY
1 Non-Parties in connection with this litigation is protected by the remedies and relief
2 provided by this Order. Nothing in these provisions should be construed as prohibiting
3 a Non-Party from seeking additional protections.
4 (b) In the event that a Party is required, by a valid discovery request, to produce
5 a Non-Party’s confidential information in its possession, and the Party is subject to an
6 agreement with the Non-Party not to produce the Non-Party’s confidential
7 information, then the Party shall:
8 (1) promptly notify in writing the Requesting Party and the Non-Party
9 that some or all of the information requested is subject to a confidentiality agreement
10 with a Non-Party;
11 (2) promptly provide the Non-Party with a copy of the Stipulated
12 Protective Order in this Action, the relevant discovery request(s), and a reasonably
13 specific description of the information requested; and
14 (3) make the information requested available for inspection by the Non-
15 Party, if requested.
16 (c) If the Non-Party fails to seek a protective order from this court within
17 14 days of receiving the notice and accompanying information, the Receiving Party
18 may produce the Non-Party’s confidential information responsive to the discovery
19 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not
20 produce any information in its possession or control that is subject to the
21 confidentiality agreement with the Non-Party before a determination by the court.
22 Absent a court order to the contrary, the Non-Party shall bear the burden and expense
23 of seeking protection in this court of its Protected Material.
24 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
26 Protected Material to any person or in any circumstance not authorized under this
27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
1 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
2 persons to whom unauthorized disclosures were made of all the terms of this Order,
3 and (d) request such person or persons to execute the “Acknowledgment an
4 Agreement to Be Bound” attached hereto as Exhibit A.
5 13. INADVERTENT PRODUCTION OF PRIVILEGED OR
6 OTHERWISE PROTECTED MATERIAL
7 When a Producing Party gives notice to Receiving Parties that certain
8 inadvertently produced material is subject to a claim of privilege or other protection,
9 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil\
10 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
11 may be established in an e-discovery order that provides for production without prior
12 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
13 parties reach an agreement on the effect of disclosure of a communication or
14 information covered by the attorney-client privilege or work product protection, the
15 parties may incorporate their agreement in the stipulated protective order submitted to
16 the court.
17 14. MISCELLANEOUS
18 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
19 person 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 Protective Order, no Party waives any right it otherwise would have to object to
22 disclosing or producing any information or item on any ground not addressed in this
23 Stipulated Protective Order. Similarly, no Party waives any right to object on any
24 ground to use in evidence of any of the material covered by this Protective Order.
25 14.3 Filing Protected Material. A Party that seeks to file under seal any
26 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
27 only be filed under seal pursuant to a court order authorizing the sealing of the
1 || denied by the court, then the Receiving Party may file the information in the public
2 ||record unless otherwise instructed by the court.
3 15. FINAL DISPOSITION
4 After the final disposition of this Action, as defined in paragraph 6, within 60
5 || days of a written request by the Designating Party, each Receiving Party must return
6 |/all Protected Material to the Producing Party or destroy such material. As used in this
7 || subdivision, “all Protected Material” includes all copies, abstracts, compilations,
8 ||summaries, and any other format reproducing or capturing any of the Protected
9 || Material. Whether the Protected Material is returned or destroyed, the Receiving Party
10 |} must submit a written certification to the Producing Party (and, if not the same person
11 |/or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by
12 ||category, where appropriate) all the Protected Material that was returned or destroyed
13 || and (2) affirms that the Receiving Party has not retained any copies, abstracts,
14 || compilations, summaries or any other format reproducing or capturing any of the
15 || Protected Material. Notwithstanding this provision, outside counsel of record are
16 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,
17 || and hearing transcripts, legal memoranda, correspondence, deposition and trial
18 || exhibits, expert reports, attorney work product, and consultant and expert work
19 || product, even if such materials contain Protected Material. Any such archival copies
20 || that contain or constitute Protected Material remain subject to this Protective Order as
21 forth in Section 6 (DURATION).
22 16. VIOLATION
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 ORD □□□
26 || DATED: July 1, 2026 Li Me a4
J D. EARLY
United States Magistrate Judge
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1 EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2
I,________________________ [print or type full name], of
3
_________________ [print or type full address], declare under penalty of perjury
4
that I have read in its entirety and understand the Stipulated Protective Order that
5
was issued by the United States District Court for the Central District of
6
California on in the case of Grande Cosmetics, LLC v. HDMA, Inc. d/b/a
7
ForChics., Case No. 2:26-cv-02522-SPG-JDE. I agree to comply with and to be
8
bound by all the terms of this Stipulated Protective Order and I understand and
9
acknowledge that failure to so comply could expose me to sanctions and
10
punishment in the nature of contempt. I solemnly promise that I will not disclose in
11
any manner any information or item that is subject to this Stipulated Protective
12
Order to any person or entity except in strict compliance with the provisions of this
13
Order.
14
I further agree to submit to the jurisdiction of the United States District Court
15
for the Central District of California for the purpose of enforcing the terms of this
16
Stipulated Protective Order, even if such enforcement proceedings occur after
17
termination of this action.
18
I hereby appoint ________________________ [print or type full name] of
19
_________ [print or type full address and telephone number] as my California
20
agent for service of process in connection with this action or any proceedings
21
related to enforcement of this
22
23
Date: ___________________________
24 City and State where sworn and
25 signed: ___________________________
Printed name: ___________________________
26
Signature: ___________________________
27