The opinion
1 G. WARREN BLEEKER, CA Bar No. 210834
warren.bleeker@wbd-us.com
2 WOMBLE BOND DICKINSON (US) LLP
3 JEANNE M. HAMBURG (Admitted Pro Hac Vice)
jhamburg@norris-law.com
4 BENJAMIN D. SCHWARTZ, CA Bar No. 323636
bschwartz@norris-law.com
5 DAVID H. SIEGEL (Admitted Pro Hac Vice)
dsiegel@norris-law.com
6
Attorneys for Plaintiffs
7
PAULO A. DE ALMEIDA (State Bar No. 279168)
8
pdealmeida@wrslawyers.com
9 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
11400 West Olympic Boulevard, 9th Floor
10
Los Angeles, California 90064-1582
11 Telephone: (310) 478-4100
12
Attorneys for Defendant
13 UNITED STATES DISTRICT COURT
14 CENTRAL DISTRICT OF CALIFORNIA
15
ACCURATE SURGICAL & Case No. 2:25-cv-08004-HDV-RAO
16
SCIENTIFIC INSTRUMENTS
CORPORATION, et al., [PROPOSED] STIPULATED
17 PROTECTIVE ORDER1
Plaintiffs,
18
DISCOVERY MATTER
v.
19
HAYDEN MEDICAL, INC.,
20
Defendant.
21
22
23 HAYDEN MEDICAL, INC.,
24 Counterclaimant,
25 v.
26
27
DAVID HIDALGO,
1
Counter-Defendant.
2
3
4 1. A. PURPOSES AND LIMITATIONS
5 Discovery in this action is likely to involve production of confidential,
6 proprietary or private information for which special protection from public
7 disclosure and from use for any purpose other than prosecuting this litigation may
8 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
9 enter the following Stipulated Protective Order. The parties acknowledge that this
10 Order does not confer blanket protections on all disclosures or responses to
11 discovery and that the protection it affords from public disclosure and use extends
12 only to the limited information or items that are entitled to confidential treatment
13 under the applicable legal principles.
14
15 B. GOOD CAUSE STATEMENT
16 This action is likely to involve trade secrets, customer or vendor/supplier
17 identifiers, product design and manufacturing information, and pricing lists and
18 other valuable research, development, commercial, financial, technical and/or
19 proprietary information, including, for example, non-public information relating to
20 the parties’ customer or vendor/supplier lists for certain surgical instrument
21 products, business practices for advertisement and sale of those products, and
22 corresponding financial information, sales and revenue data, business decisions, and
23 internal company communications, for which special protection from public
24 disclosure and from use for any purpose other than prosecution of this action is
25 warranted. Such confidential and proprietary materials and information consist of,
26 among other things, confidential business or financial information, information
27 regarding confidential business practices, or other confidential research,
1 development, or commercial information (including information implicating privacy
2 rights of third parties), information otherwise generally unavailable to the public, or
3 which may be privileged or otherwise protected from disclosure under state or
4 federal statutes, court rules, case decisions, or common law. Accordingly, to
5 expedite the flow of information, to facilitate the prompt resolution of disputes over
6 confidentiality of discovery materials, to adequately protect information the parties
7 are entitled to keep confidential, to ensure that the parties are permitted reasonable
8 necessary uses of such material in preparation for and in the conduct of trial, to
9 address their handling at the end of the litigation, and serve the ends of justice, a
10 protective order for such information is justified in this matter. It is the intent of the
11 parties that information will not be designated as confidential for tactical reasons
12 and that nothing be so designated without a good faith belief that it has been
13 maintained in a confidential, non-public manner, and there is good cause why it
14 should not be part of the public record of this case.
15
16 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
17 The parties further acknowledge, as set forth in Section 12.3, below, that this
18 Stipulated Protective Order does not entitle them to file confidential information
19 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
20 and the standards that will be applied when a party seeks permission from the court
21 to file material under seal.
22 There is a strong presumption that the public has a right of access to judicial
23 proceedings and records in civil cases. In connection with non-dispositive motions,
24 good cause must be shown to support a filing under seal. See Kamakana v. City and
25 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors
26 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics,
27 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
1 reasons with proper evidentiary support and legal justification, must be made with
2 respect to Protected Material that a party seeks to file under seal. The parties’ mere
3 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—
4 without the submission of competent evidence by declaration, establishing that the
5 material sought to be filed under seal qualifies as confidential, privileged, or
6 otherwise protectable—constitute good cause.
7 Further, if a party requests sealing related to a dispositive motion or trial, then
8 compelling reasons, not only good cause, for the sealing must be shown, and the
9 relief sought shall be narrowly tailored to serve the specific interest to be protected.
10 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
11 each item or type of information, document, or thing sought to be filed or introduced
12 under seal in connection with a dispositive motion or trial, the party seeking
13 protection must articulate compelling reasons, supported by specific facts and legal
14 justification, for the requested sealing order. Again, competent evidence supporting
15 the application to file documents under seal must be provided by declaration.
16 Any document that is not confidential, privileged, or otherwise protectable in
17 its entirety will not be filed under seal if the confidential portions can be redacted.
18 If documents can be redacted, then a redacted version for public viewing, omitting
19 only the confidential, privileged, or otherwise protectable portions of the document
20 shall be filed. Any application that seeks to file documents under seal in their
21 entirety should include an explanation of why redaction is not feasible.
22
23 2. DEFINITIONS
24 2.1 Action: Accurate Surgical & Scientific Instruments Corporation, et al.,
25 v. Hayden Medical, Inc., et al., Case No. 2:25-cv-08004-HDV-RAO (C.D. Cal.).
26 2.2 Challenging Party: a Party or Non-Party that challenges the
27 designation of information or items under this Order.
1 how it is generated, stored or maintained) or tangible things that qualify for
2 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
3 the Good Cause Statement.
4 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
5 Information or Items: information (regardless of how it is generated, stored or
6 maintained) or tangible things that contain highly sensitive business or personal
7 information, the disclosure of which is highly likely to cause significant harm to the
8 business or competitive position of the Designating Party.
9 2.5 Counsel: Outside Counsel of Record (as well as their support staff).
10 2.6 Designating Party: a Party or Non-Party that designates information or
11 items that it produces in disclosures or in responses to discovery as
12 “CONFIDENTIAL.”
13 2.7 Disclosure or Discovery Material: all items or information, regardless
14 of the medium or manner in which it is generated, stored, or maintained (including,
15 among other things, testimony, transcripts, and tangible things) that are produced or
16 generated in disclosures or responses to discovery in this matter.
17 2.8 Expert: a person with specialized knowledge or experience in a matter
18 pertinent to the litigation who has been retained by a Party or its counsel to serve as
19 an expert witness or as a consultant in this Action.
20 2.9 Non-Party: any natural person, partnership, corporation, association or
21 other legal entity not named as a Party to this action.
22 2.10 Outside Counsel of Record: attorneys who are not employees of a
23 party to this Action but are retained to represent or advise a party to this Action and
24 have appeared in this Action on behalf of that party or are affiliated with a law firm
25 that has appeared on behalf of that party, and includes support staff.
26 2.11 Party: any party to this Action, including all of its officers, directors,
27 employees, consultants, retained experts, and Outside Counsel of Record (and their
1 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
2 Discovery Material in this Action.
3 2.13 Professional Vendors: persons or entities that provide litigation
4 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
5 demonstrations, and organizing, storing, or retrieving data in any form or medium)
6 and their employees and subcontractors.
7 2.14 Protected Material: any Disclosure or Discovery Material that is
8 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
9 ATTORNEYS’ EYES ONLY.”
10 2.15 Receiving Party: a Party that receives Disclosure or Discovery
11 Material from a Producing Party.
12
13 3. SCOPE
14 The protections conferred by this Stipulation and Order cover not only
15 Protected Material (as defined above), but also (1) any information copied or
16 extracted from Protected Material; (2) all copies, excerpts, summaries, or
17 compilations of Protected Material; and (3) any testimony, conversations, or
18 presentations by Parties or their Counsel that might reveal Protected Material.
19 Any use of Protected Material at trial shall be governed by the orders of the
20 trial judge. This Order does not govern the use of Protected Material at trial.
21
22 4. DURATION
23 The terms of this Order apply through final disposition of the Action. Even
24 after final disposition of this Action, the confidentiality obligations imposed by this
25 Order shall remain in effect until a Designating Party agrees otherwise in writing or
26 a court order otherwise directs. Final disposition shall be deemed to be the later of
27 (1) dismissal of all claims and defenses in this Action, with or without prejudice;
1 rehearings, remands, trials, or reviews of this Action, including the time limits for
2 filing any motions or applications for extension of time pursuant to applicable law.
3
4 5. DESIGNATING PROTECTED MATERIAL
5 5.1 Exercise of Restraint and Care in Designating Material for Protection.
6 Each Party or Non-Party that designates information or items for protection under
7 this Order must take care to limit any such designation to specific material that
8 qualifies under the appropriate standards. The Designating Party must designate for
9 protection only those parts of material, documents, items or oral or written
10 communications that qualify so that other portions of the material, documents, items
11 or communications for which protection is not warranted are not swept unjustifiably
12 within the ambit of this Order.
13 Mass, indiscriminate or routinized designations are prohibited. Designations
14 that are shown to be clearly unjustified or that have been made for an improper
15 purpose (e.g., to unnecessarily encumber the case development process or to impose
16 unnecessary expenses and burdens on other parties) may expose the Designating
17 Party to sanctions.
18 If it comes to a Designating Party’s attention that information or items that it
19 designated for protection do not qualify for protection, that Designating Party must
20 promptly notify all other Parties that it is withdrawing the inapplicable designation.
21 5.2 Manner and Timing of Designations. Except as otherwise provided in
22 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise
23 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
24 under this Order must be clearly so designated before the material is disclosed or
25 produced.
26 Designation in conformity with this Order requires:
27 (a) for information in documentary form (e.g., paper or electronic
1 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or
2 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that
3 contains Protected Material to the extent practicable. Documents produced in native
4 format which cannot be changed may be designated in the file name, for example If
5 only a portion of the material on a page qualifies for protection, the Producing Party
6 also must clearly identify the protected portion(s) (e.g., by making appropriate
7 markings in the margins).
8 A Party or Non-Party that makes original documents available for inspection
9 need not designate them for protection until after the inspecting Party has indicated
10 which documents it would like copied and produced. During the inspection and
11 before the designation, all of the material made available for inspection shall be
12 deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
13 EYES ONLY,” at the option of the Producing Party. 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 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
18 ATTORNEYS’ EYES ONLY” to each page that contains Protected Material. If
19 only a portion of the material on a page qualifies for protection, the Producing Party
20 also must clearly identify the protected portion(s) (e.g., by making appropriate
21 markings in the margins).
22 (b) for testimony given in depositions that the Designating Party identifies
23 the Disclosure or Discovery Material on the record, before the close of the
24 deposition all protected testimony or within ten(10) business days of receiving a
25 written transcript of the deposition.
26 (c) for information produced in some form other than documentary and
27 for any other tangible items, that the Producing Party affix in a prominent place on
1 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
2 EYES ONLY.” If only a portion or portions of the information or item warrants
3 protection, the Producing Party, to the extent practicable, shall identify the protected
4 portion(s).
5 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
6 failure to designate qualified information or items does not, standing alone, waive
7 the Designating Party’s right to secure protection under this Order for such material.
8 Upon timely correction of a designation, the Receiving Party must make reasonable
9 efforts to assure that the material is treated in accordance with the provisions of this
10 Order.
11
12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
13 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
14 designation of confidentiality at any time that is consistent with the Court’s
15 Scheduling Order.
16 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
17 resolution process under Local Rule 37.1 et seq.
18 6.3 The burden of persuasion in any such challenge proceeding shall be on
19 the Designating Party. Frivolous challenges, and those made for an improper
20 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
21 parties) may expose the Challenging Party to sanctions. Unless the Designating
22 Party has waived or withdrawn the confidentiality designation, all parties shall
23 continue to afford the material in question the level of protection to which it is
24 entitled under the Producing Party’s designation until the Court rules on the
25 challenge.
26
27 7. ACCESS TO AND USE OF PROTECTED MATERIAL
1 disclosed or produced by another Party or by a Non-Party in connection with this
2 Action only for prosecuting, defending or attempting to settle this Action. Such
3 Protected Material may be disclosed only to the categories of persons and under the
4 conditions described in this Order. When the Action has been terminated, a
5 Receiving Party must comply with the provisions of Section 13 below (FINAL
6 DISPOSITION).
7 Protected Material must be stored and maintained by a Receiving Party at a
8 location and in a secure manner that ensures that access is limited to the persons
9 authorized under this Order.
10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
11 otherwise ordered by the court or permitted in writing by the Designating Party, a
12 Receiving Party may disclose any information or item designated
13 “CONFIDENTIAL” only to:
14 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
15 well as employees of said Outside Counsel of Record and professional Vendors
16 working with said Outside Counsel of Record to whom it is reasonably necessary to
17 disclose the information for this Action;
18 (b) the officers, directors, and employees of the Receiving Party to whom
19 disclosure is reasonably necessary for this Action;
20 (c) Experts (as defined in this Order) of the Receiving Party to whom
21 disclosure is reasonably necessary for this Action and who have signed the
22 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (d) the court and its personnel;
24 (e) court reporters and their staff;
25 (f) professional jury or trial consultants, mock jurors, and Professional
26 Vendors to whom disclosure is reasonably necessary for this Action and who have
27 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
1 custodian or other person who otherwise possessed or knew the information;
2 (h) during their depositions, witnesses, and attorneys for witnesses, in the
3 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
4 requests that the witness sign the form attached as Exhibit A hereto; and (2) they
5 will not be permitted to keep any confidential information unless they sign the
6 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
7 agreed by the Designating Party or ordered by the court. Pages of transcribed
8 deposition testimony or exhibits to depositions that reveal Protected Material may
9 be separately bound by the court reporter and may not be disclosed to anyone except
10 as permitted under this Stipulated Protective Order; and
11 (i) any mediator or settlement officer, and their supporting personnel,
12 mutually agreed upon by any of the parties engaged in settlement discussions.
13 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
14 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
15 writing by the Designating Party, a Receiving Party may disclose any information or
16 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only
17 to:
18 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
19 well as employees of said Outside Counsel of Record to whom it is reasonably
20 necessary to disclose the information for this Action;
21 (b) Experts (as defined in this Order) of the Receiving Party to whom
22 disclosure is reasonably necessary for this Action and who have signed the
23 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
24 (c) the court and its personnel;
25 (d) court reporters and their staff;
26 (e) professional jury or trial consultants, mock jurors, and Professional
27 Vendors to whom disclosure is reasonably necessary for this Action and who have
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) during their depositions, witnesses, and attorneys for witnesses, in the
4 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
5 requests that the witness sign the form attached as Exhibit A hereto; and (2) they
6 will not be permitted to keep any confidential information unless they sign the
7 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
8 agreed by the Designating Party or ordered by the court. Pages of transcribed
9 deposition testimony or exhibits to depositions that reveal Protected Material may
10 be separately bound by the court reporter and may not be disclosed to anyone except
11 as permitted under this Stipulated Protective Order; and
12 (h) any mediator or settlement officer, and their supporting personnel,
13 mutually agreed upon by any of the parties engaged in settlement discussions.
14
15 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
16 IN OTHER LITIGATION
17 If a Party is served with a subpoena or a court order issued in other litigation
18 that compels disclosure of any information or items designated in this Action as
19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
20 ONLY,” that Party must:
21 (a) promptly notify in writing the Designating Party. Such notification
22 shall include a copy of the subpoena or court order;
23 (b) promptly notify in writing the party who caused the subpoena or order
24 to issue in the other litigation that some or all of the material covered by the
25 subpoena or order is subject to this Order. Such notification shall include a copy of
26 this Stipulated Protective Order; and
27 (c) cooperate with respect to all reasonable procedures sought to be
1 If the Designating Party timely seeks a protective order, the Party served with
2 the subpoena or court order shall not produce any information designated in this
3 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
4 EYES ONLY” before a determination by the court from which the subpoena or
5 order issued, unless the Party has obtained the Designating Party’s permission. The
6 Designating Party shall bear the burden and expense of seeking protection in that
7 court of its confidential material and nothing in these provisions should be construed
8 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful
9 directive from another court.
10
11 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
12 PRODUCED IN THIS LITIGATION
13 (a) The terms of this Order are applicable to information produced by a
14 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by
16 Non-Parties in connection with this litigation is protected by the remedies and relief
17 provided by this Order. Nothing in these provisions should be construed as
18 prohibiting a Non-Party from seeking additional protections.
19 (b) In the event that a Party is required, by a valid discovery request, to
20 produce a Non-Party’s confidential information in its possession, and the Party is
21 subject to an agreement with the Non-Party not to produce the Non-Party’s
22 confidential information, then the Party shall:
23 (1) promptly notify in writing the Requesting Party and the Non-Party
24 that some or all of the information requested is subject to a confidentiality
25 agreement with a Non-Party;
26 (2) promptly provide the Non-Party with a copy of the Stipulated
27 Protective Order in this Action, the relevant discovery request(s), and a reasonably
1 (3) make the information requested available for inspection by the
2 Non-Party, if requested.
3 (c) If the Non-Party fails to seek a protective order from this court within
4 fourteen (14) days of receiving the notice and accompanying information, the
5 Receiving Party may produce the Non-Party’s confidential information responsive
6 to the discovery request. If the Non-Party timely seeks a protective order, the
7 Receiving Party shall not produce any information in its possession or control that is
8 subject to the confidentiality agreement with the Non-Party before a determination
9 by the court. Absent a court order to the contrary, the Non-Party shall bear the
10 burden and expense of seeking protection in this court of its Protected Material.
11
12 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
14 Protected Material to any person or in any circumstance not authorized under this
15 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
16 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
17 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
18 persons to whom unauthorized disclosures were made of all the terms of this Order,
19 and (d) request such person or persons to execute the “Acknowledgment and
20 Agreement to Be Bound” that is attached hereto as Exhibit A.
21
22 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
23 PROTECTED MATERIAL
24 When a Producing Party gives notice to Receiving Parties that certain
25 inadvertently produced material is subject to a claim of privilege or other protection,
26 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
27 Procedure 26(b)(5)(B), as supplemented by the following provisions.
1 discloses information subject to a claim of attorney-client privilege, attorney work
2 product protection or other privilege or immunity from discovery (“Inadvertently
3 Disclosed Information”), pursuant to Federal Rule of Evidence 502(d), such
4 disclosure shall not constitute or be deemed a waiver or forfeiture of any claim of
5 privilege, work product protection, or other privilege or immunity from discovery
6 with respect to the Inadvertently Disclosed Information and its subject matter.
7 11.2 Procedure Regarding Inadvertently Disclosed Information. If a
8 Producing Party makes a claim of inadvertent disclosure, the Receiving Party shall,
9 within five (5) business days, return or destroy all copies of the Inadvertently
10 Disclosed Information (other than portions of such material that are back-ups or
11 archived, which will be destroyed in accordance with standard retention policies and
12 otherwise maintained in accordance with the Protective Order until such time as it is
13 destroyed), and provide a certification of counsel that all such information has been
14 returned or destroyed (except as provided herein). Within five (5) business days of
15 the notification that such Inadvertently Disclosed Information has been returned or
16 destroyed (except as provided in the preceding sentence), the Producing Party shall
17 produce a privilege log with respect to the Inadvertently Disclosed Information.
18 12. MISCELLANEOUS
19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
20 person to seek its modification by the Court in the future.
21 12.2 Right to Assert Other Objections. By stipulating to the entry of this
22 Protective Order, no Party waives any right it otherwise would have to object to
23 disclosing or producing any information or item on any ground not addressed in this
24 Stipulated Protective Order. Similarly, no Party waives any right to object on any
25 ground to use in evidence of any of the material covered by this Protective Order.
26 12.3 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
1 specific Protected Material at issue. If a Party’s request to file Protected Material
2 under seal is denied by the court, then the Receiving Party may file the information
3 in the public record unless otherwise instructed by the court.
4
5 13. FINAL DISPOSITION
6 After the final disposition of this Action, as defined in Section 4, within sixty
7 (60) days of a written request by the Designating Party, each Receiving Party must
8 return all Protected Material to the Producing Party or destroy such material. As
9 used in this subdivision, “all Protected Material” includes all copies, abstracts,
10 compilations, summaries, and any other format reproducing or capturing any of the
11 Protected Material. Whether the Protected Material is returned or destroyed, the
12 Receiving Party must submit a written certification to the Producing Party (and, if
13 not the same person or entity, to the Designating Party) by the 60 day deadline that
14 (1) identifies (by category, where appropriate) all the Protected Material that was
15 returned or destroyed and (2) affirms that the Receiving Party has not retained any
16 copies, abstracts, compilations, summaries or any other format reproducing or
17 capturing any of the Protected Material. Notwithstanding this provision, Counsel are
18 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,
19 and hearing transcripts, legal memoranda, correspondence, deposition and trial
20 exhibits, expert reports, attorney work product, and consultant and expert work
21 product, even if such materials contain Protected Material. Any such archival
22 copies that contain or constitute Protected Material remain subject to this Protective
23 Order as set forth in Section 4 (DURATION).
24 14. VIOLATION
25 Any violation of this Order may be punished by appropriate measures including,
26 without limitation, contempt proceedings and/or monetary sanctions.
27
1
|| DATED: June 3, 2026 WOMBLE BOND DICKINSON (US) LLP
3 By: — /s/G. Warren Bleeker
4 G. Warren Bleeker
5 Attorneys for Plaintiffs ACCURATE
6 SURGICAL & SCIENTIFIC INSTRUMENTS
CORPORATION, a New York corporation,
7 MARK D. EPSTEIN, and DAVID HIDALGO
8
g || DATED: June 3, 2026 WOLF, RIFKIN, SHAPIRO, SCHULMAN &
RABKIN, LLP
10
ll By: — /s/Paulo A. de Almeida
Paulo A. de Almeida
12
13 Attorneys for Defendant and
Counterclaimant, HAYDEN MEDICAL,
14 INC.
15
16
|| FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
18
'9 | DATED:___ 07/06/2026
20
22 || HON. ROZELLA A. OLIVER
United States Magistrate Judge
23
24
25
26
27
28
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________ [print or type full name], of
4 _________________ [print or type full address], declare under penalty of perjury that
5 I have read in its entirety and understand the Stipulated Protective Order that was
6 issued by the United States District Court for the Central District of California on
7 [date] in the case of Accurate Surgical & Scientific Instruments Corporation, et al.,
8 v. Hayden Medical, Inc., et al., Case No. 2:25-cv-08004-HDV-RAO (C.D. Cal.). I
9 agree to comply with and to be bound by all the terms of this Stipulated Protective
10 Order and I understand and acknowledge that failure to so comply could expose me
11 to sanctions and punishment in the nature of contempt. I solemnly promise that I will
12 not disclose in any manner any information or item that is subject to this Stipulated
13 Protective Order to any person or entity except in strict compliance with the
14 provisions of this Order. I further agree to submit to the jurisdiction of the United
15 States District Court for the Central District of California for enforcing the terms of
16 this Stipulated Protective Order, even if such enforcement proceedings occur after
17 termination of this action. I hereby appoint __________________________ [print or
18 type full name] of _______________________________________ [print or type full
19 address and telephone number] as my California agent for service of process in
20 connection with this action or any proceedings related to enforcement of this
21 Stipulated Protective Order.
22 Date: ______________________________________
23
24 City and State where sworn and signed: _________________________________
25
26 Printed name: _______________________________
27