The opinion
1
UNITED STATES DISTRICT COURT
2
CENTRAL DISTRICT OF CALIFORNIA
3
4 KEVIN DICK,
Case No. 2:26-cv-04138-HDV
5 Petitioner,
(SSCx)
6 v.
7 STRIKE MASTER FUND V LLC, STIPULATED PROTECTIVE
ORDER1 [DISCOVERY
8 Respondent.
MATTER]
9
10
11
12 1. INTRODUCTION
13 1.1 Purposes and Limitations. Discovery in this Action is likely
14 to involve production of confidential, proprietary, or private information
15 for which special protection from public disclosure and from use for any
16 purpose other than prosecuting this litigation may be warranted.
17 Accordingly, the parties hereby stipulate to and petition the court to
18 enter the following Stipulated Protective Order. The parties
19 acknowledge that this Order does not confer blanket protections on all
20 disclosures or responses to discovery and that the protection it affords
21 from public disclosure and use extends only to the limited information or
22 items that are entitled to confidential treatment under the applicable
23 legal principles.
24 1.2 Good Cause Statement. This Action is likely to involve trade
25 secrets and/or other valuable research, development, commercial,
26
1 This Stipulated Protective Order is substantially based on the model
27
protective order provided under Magistrate Judge Stephanie S.
1 financial, and/or proprietary information for which special protection
2 from public disclosure and from use for any purpose other than
3 prosecution of this Action is warranted. Such confidential and
4 proprietary materials and information consist of, among other things,
5 confidential business or financial information, investor/client
6 information, information regarding confidential business practices,
7 investment and pricing information, or other confidential research,
8 development, or commercial information (including information
9 implicating privacy rights of third parties and information subject to
10 independent confidentiality obligations), information otherwise generally
11 unavailable to the public, or which may be privileged or otherwise
12 protected from disclosure under state or federal statutes, court rules,
13 case decisions, or common law. Accordingly, to expedite the flow of
14 information, to facilitate the prompt resolution of disputes over
15 confidentiality of discovery materials, to adequately protect information
16 the parties are entitled to keep confidential, to ensure that the parties
17 are permitted reasonable necessary uses of such material in connection
18 with this Action, to address their handling at the end of the litigation,
19 and serve the ends of justice, a protective order for such information is
20 justified in this matter. It is the intent of the parties that information
21 will not be designated as confidential for tactical reasons and that
22 nothing be so designated without a good faith belief that it has been
23 maintained in a confidential, non-public manner, and there is good cause
24 why it should not be part of the public record of this case.
25 1.3 Acknowledgment of Procedure for Filing Under Seal. The
26 parties further acknowledge, as set forth in Section 12.3, below, that this
27 Stipulated Protective Order does not entitle them to file confidential
1 must be followed and the standards that will be applied when a Party
2 seeks permission from the court to file material under seal.
3 There is a strong presumption that the public has a right of access
4 to judicial proceedings and records in civil cases. In connection with
5 non-dispositive motions, good cause must be shown to support a filing
6 under seal. See Kamakana v. City and Cty. of Honolulu, 447 F.3d 1172,
7 1176, 1180 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd v. Gen. Motors
8 Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-Welbon v. Sony
9 Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
10 protective orders require good cause showing). A specific showing of
11 good cause or compelling reasons with proper evidentiary support and
12 legal justification must be made with respect to Protected Material that
13 a Party seeks to file under seal. The parties’ mere designation of
14 Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY
15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY does not—without the
16 submission of competent evidence by declaration, establishing that the
17 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
20 or trial, then compelling reasons, not only good cause, for the sealing
21 must be shown, and the relief sought shall be narrowly tailored to serve
22 the specific interest to be protected. See Pintos v. Pac. Creditors Ass’n,
23 605 F.3d 665, 677–79 (9th Cir. 2010). For each item or type of
24 information, document, or thing sought to be filed or introduced under
25 seal in connection with a dispositive motion or trial, the Party seeking
26 protection must articulate compelling reasons, supported by specific
27 facts and legal justification, for the requested sealing order. Again,
1 seal must be provided by declaration.
2 Any document that is not confidential, privileged, or otherwise
3 protectable in its entirety will not be filed under seal if the confidential
4 portions can be redacted. If documents can be redacted, then a redacted
5 version for public viewing, omitting only the confidential, privileged, or
6 otherwise protectable portions of the document, shall be filed. Any
7 application that seeks to file documents under seal in their entirety
8 should include an explanation of why redaction is not feasible.
9
10 2. DEFINITIONS
11 2.1 Action: this pending federal lawsuit.
12 2.2 Challenging Party: a Party or Non-Party that challenges the
13 designation of information or items under this Stipulated Protective Order.
14 2.3 “CONFIDENTIAL” Information or Items: information
15 (regardless of how it is generated, stored or maintained) or tangible
16 things that qualify for protection under Rule 26(c) of the Federal Rules of
17 Civil Procedure, and as specified above in the Good Cause Statement.
18 2.4 Counsel: Outside Counsel of Record and In-House Counsel (as
19 well as their support staff).
20 2.5 Designating Party: a Party or Non-Party that designates
21 information or items produced in disclosures or in responses to discovery
22 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
23 EYES ONLY.”
24 2.6 Disclosure or Discovery Material: all items or information,
25 regardless of the medium or manner in which it is generated, stored, or
26 maintained (including, among other things, testimony, transcripts, and
27 tangible things), that are produced or generated in disclosures or
1 2.7 Expert: a person with specialized knowledge or experience in
2 a matter pertinent to the litigation who has been retained by a Party or
3 its counsel to serve as an expert witness or as a consultant in this Action.
4 2.8 Final Disposition: the later of (1) dismissal of all claims and
5 defenses in this Action, with or without prejudice; or (2) final judgment
6 herein after the completion and exhaustion of all appeals, rehearings,
7 remands, trials, or reviews of this Action, including the time limits for
8 filing any motions or applications for extension of time pursuant to
9 applicable law.
10 2.9 “HIGHLY CONFIDENTIAL” Information or Items:
11 “CONFIDENTIAL” Information or Items that constitute or contain
12 extremely sensitive business or personal information or information
13 that the Designating Party reasonably believes would harm its or a
14 Non-Party’s competitive, economic, or business interests if disclosed
15 other than as permitted pursuant to Section 7.3 of this Stipulated
16 Protective Order.
17 2.10 In-House Counsel: attorneys who are employees of a party to
18 this Action. In-House Counsel does not include Outside Counsel of
19 Record or any other outside counsel.
20 2.11 Non-Party: any natural person, partnership, corporation,
21 association, or other legal entity not named as a Party to this action.
22 2.12 Outside Counsel of Record: attorneys who are not employees
23 of a Party to this Action but are retained to represent or advise a Party
24 to this Action and have appeared in this Action on behalf of that Party or
25 are affiliated with a law firm which has appeared on behalf of that Party,
26 and includes support staff.
27 2.13 Party: any party to this Action, including all of its officers,
1 of Record (and their support staffs).
2 2.14 Producing Party: a Party or Non-Party that produces
3 Disclosure or Discovery Material in this Action.
4 2.15 Professional Vendors: persons or entities that provide
5 litigation-support services (e.g., photocopying, videotaping, translating,
6 preparing exhibits or demonstrations, and organizing, storing, or
7 retrieving data in any form or medium) and their employees and
8 subcontractors.
9 2.16 Protected Material: any Disclosure or Discovery Material that
10 is designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
11 ATTORNEYS’ EYES ONLY.”
12 2.17 Receiving Party: a Party that receives Disclosure or Discovery
13 Material from a Producing Party.
14
15 3. SCOPE
16 The protections conferred by this Stipulated Protective Order
17 cover not only Protected Material (as defined above), but also (1) any
18 information copied or extracted from Protected Material; (2) all copies,
19 excerpts, summaries, or compilations of Protected Material; and (3) any
20 testimony, conversations, or presentations by Parties or their Counsel
21 that might reveal Protected Material.
22 Any use of Protected Material at trial shall be governed by the
23 orders of the trial judge. This Stipulated Protective Order does not
24 govern the use of Protected Material at trial.
25
26 4. TRIAL AND DURATION
27 The terms of this Stipulated Protective Order apply through Final
1 Once a case proceeds to trial, information that was designated as
2 CONFIDENTIAL, HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
3 ONLY, or maintained pursuant to this Stipulated Protective Order and
4 used or introduced as an exhibit at trial becomes public and will be
5 presumptively available to all members of the public, including the
6 press, unless compelling reasons supported by specific factual findings
7 to proceed otherwise are made to the trial judge in advance of the trial.
8 See Kamakana, 447 F.3d at 1180–81 (distinguishing “good cause”
9 showing for sealing documents produced in discovery from “compelling
10 reasons” standard when merits-related documents are part of court
11 record). Accordingly, for such materials, the terms of this Stipulated
12 Protective Order do not extend beyond the commencement of the trial.
13 Even after Final Disposition of this litigation, the confidentiality
14 obligations imposed by this Stipulated Protective Order shall remain in
15 effect until a Designating Party agrees otherwise in writing or a court
16 order otherwise directs.
17
18 5. DESIGNATING PROTECTED MATERIAL
19 5.1 Exercise of Restraint and Care in Designating Material for
20 Protection. Each Party or Non-Party that designates information or
21 items for protection under this Stipulated Protective Order must take
22 care to limit any such designation to specific material that qualifies
23 under the appropriate standards. The Designating Party must designate
24 for protection only those parts of material, documents, items, or oral or
25 written communications that qualify so that other portions of the
26 material, documents, items, or communications for which protection is
27 not warranted are not swept unjustifiably within the ambit of this Order.
1 Designations that are shown to be clearly unjustified or that have been
2 made for an improper purpose (e.g., to unnecessarily encumber the case
3 development process or to impose unnecessary expenses and burdens on
4 other parties) may expose the Designating Party to sanctions.
5 If it comes to a Designating Party’s attention that information or
6 items that it designated for protection do not qualify for protection, that
7 Designating Party must promptly notify all other Parties that it is
8 withdrawing the inapplicable designation.
9 5.2 Manner and Timing of Designations. Except as otherwise
10 provided in this Stipulated Protective Order (see, e.g., second paragraph
11 of section 5.2(a) below), or as otherwise stipulated, agreed by the parties,
12 or ordered, Disclosure or Discovery Material that qualifies for protection
13 under this Stipulated Protective Order must be clearly so designated
14 before the material is disclosed or produced.
15 Designation in conformity with this Stipulated Protective Order
16 requires:
17 (a) for information in documentary form (e.g., paper or electronic
18 documents, but excluding transcripts of depositions or other pretrial or
19 trial proceedings), that the Producing Party affix at a minimum, the
20 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL —
21 ATTORNEYS’ EYES ONLY” to each page that contains protected
22 material. If only a portion or portions of the material on a page
23 qualifies for protection, the Producing Party also must clearly identify
24 the protected portion(s) (e.g., by making appropriate markings in the
25 margins or clearly stating a discovery response is “CONFIDENTIAL” or
26 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” above the
27 request and below the response).
1 inspection need not designate them for protection until after the
2 inspecting Party has indicated which documents it would like copied
3 and produced. During the inspection and before the designation, all of
4 the material made available for inspection shall be deemed “HIGHLY
5 CONFIDENTIAL” Information. After the inspecting Party has
6 identified the documents it wants copied and produced, the Producing
7 Party must determine which documents, or portions thereof, qualify for
8 protection under this Stipulated Protective Order. Then, before
9 producing the specified documents, the Producing Party must affix the
10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’
11 EYES ONLY” legend to each page that contains Protected Material. If
12 only a portion or portions of the material on a page qualifies for
13 protection, the Producing Party also must clearly identify the protected
14 portion(s) (e.g., by making appropriate markings in the margins).
15 (b) for testimony given in depositions that the Designating Party
16 identify the Disclosure or Discovery Material on the record or, within
17 twenty-one (21) days after receipt of the official, finalized deposition
18 transcript, designate portions of the deposition as “CONFIDENTIAL” or
19 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” subject to
20 this Stipulated Protective Order. From the time any Protected Materials
21 are introduced or discussed during the deposition to twenty-one (21)
22 days after receipt of the official, finalized deposition transcript, the
23 deposition itself, any information communicated or revealed during the
24 deposition and/or any official or unofficial draft of the transcript shall be
25 treated as “HIGHLY CONFIDENTIAL” Information unless the
26 Designating Party agrees otherwise on the record.2
27
1 (c) for information produced in some form other than
2 documentary and for any other tangible items, that the Producing Party
3 affix in a prominent place on the exterior of the container or containers
4 in which the information is stored the “CONFIDENTIAL” or “HIGHLY
5 CONFIDENTIAL — ATTORNEYS’ EYES ONLY” legend. If only a
6 portion or portions of the information warrants protection, the Producing
7 Party, to the extent practicable, shall identify the protected portion(s).
8 5.3 Inadvertent Failures to Designate. If timely corrected, an
9 inadvertent failure to designate qualified information or items does not,
10 standing alone, waive the Designating Party’s right to secure protection
11 under this Stipulated Protective Order for such material. Upon timely
12 correction of a designation, the Receiving Party must make reasonable
13 efforts to assure that the material is treated in accordance with the
14 provisions of this Stipulated Protective Order.
15
16 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
17 6.1 Timing of Challenges. Any Party or Non-Party may
18 challenge a designation of confidentiality at any time that is consistent
19 with the Court’s Scheduling Order.
20 6.2 Meet and Confer. The Challenging Party shall initiate the
21 dispute resolution process under Local Rule 37.1 et seq. and with
22 Section 2 of Judge Christensen’s Civil Procedures titled “Informal
23 Discovery Conference.”3
24 6.3 The burden of persuasion in any such challenge proceeding
25 shall be on the Designating Party. Frivolous challenges, and those
26
request for such discovery.
27
3 Judge Christensen’s Procedures are available at
1 made for an improper purpose (e.g., to harass or impose unnecessary
2 expenses and burdens on other parties) may expose the Challenging
3 Party to sanctions. Unless the Designating Party has waived or
4 withdrawn the confidentiality designation, all parties shall continue to
5 afford the material in question the level of protection to which it is
6 entitled under the Producing Party’s designation until the Court rules
7 on the challenge.
8
9 7. ACCESS TO AND USE OF PROTECTED MATERIAL
10 7.1 Basic Principles. A Receiving Party may use Protected
11 Material that is disclosed or produced by another Party or by a Non-
12 Party in connection with this Action only for prosecuting, defending, or
13 attempting to settle this Action and for no other purpose — including,
14 but not limited to, any commercial or business purpose, or any other
15 litigation, arbitration, or other proceedings — absent the prior written
16 consent of the Producing Party or an order of the Court. Such Protected
17 Material may be disclosed only to the categories of persons and under
18 the conditions described in this Order. When the Action reaches a Final
19 Disposition, a Receiving Party must comply with the provisions of
20 Section 13 below.
21 Protected Material must be stored and maintained by a Receiving
22 Party at a location and in a secure manner that ensures that access is
23 limited to the persons authorized under this Stipulated Protective
24 Order.
25 7.2 Disclosure of “CONFIDENTIAL” Information or Items.
26 Unless otherwise ordered by the Court or permitted in writing by the
27 Designating Party, a Receiving Party may disclose any information or
1 (a) to the Receiving Party’s Outside Counsel of Record in this
2 Action, as well as employees of said Outside Counsel of Record to whom
3 it is reasonably necessary to disclose the information for this Action;
4 (b) to the Receiving Party and officers, directors, and employees
5 (including In-House Counsel) of the Receiving Party to whom disclosure
6 is reasonably necessary for this Action, provided that they have signed
7 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
8 (c) to Experts (as defined in this Order) of the Receiving Party to
9 whom disclosure is reasonably necessary for this Action and who have
10 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
11 (d) to the court and its personnel;
12 (e) to court reporters and their staff;
13 (f) to Professional Vendors to whom disclosure is reasonably
14 necessary for this Action and who have signed the “Acknowledgment
15 and Agreement to Be Bound” (Exhibit A);
16 (g) to persons identified in the Protected Material as having
17 authored or received the Protected Material in the ordinary course to
18 whom disclosure is reasonably necessary for this Action and who have
19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
20 (h) during their depositions, to witnesses, and attorneys for
21 witnesses, in the Action to whom disclosure is reasonably necessary,
22 provided: (1) the deposing party requests that the witness sign the
23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (2) the
24 witness will not be permitted to keep any “CONFIDENTIAL”
25 Information unless they sign the “Acknowledgment and Agreement to
26 Be Bound” (Exhibit A), unless otherwise agreed by the Designating
27 Party or ordered by the Court. Pages of transcribed deposition
1 be separately bound by the court reporter and may not be disclosed to
2 anyone except as permitted under this Stipulated Protective Order; and
3 (i) to any mediator or settlement officer, and their supporting
4 personnel, mutually agreed upon by any of the parties engaged in
5 settlement discussions.
6 7.3 Disclosure of “HIGHLY CONFIDENTIAL” Information or
7 Items. Unless otherwise ordered by the Court or permitted in writing
8 by the Designating Party, a Receiving Party may disclose any
9 information or item designated as “HIGHLY CONFIDENTIAL –
10 ATTORNEYS’ EYES ONLY” only:
11 (a) to the Receiving Party’s Outside Counsel of Record in this
12 Action, as well as employees of said Outside Counsel of Record to whom
13 it is reasonably necessary to disclose the information for this Action;
14 (b) to Experts (as defined in this Order) of the Receiving Party to
15 whom disclosure is reasonably necessary for this Action and who have
16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
17 (c) to the court and its personnel;
18 (d) to court reporters and their staff;
19 (e) to Professional Vendors to whom disclosure is reasonably
20 necessary for this Action and who have signed the “Acknowledgment
21 and Agreement to Be Bound” (Exhibit A);
22 (f) persons identified in the Protected Material as having
23 authored or received the Protected Material in the ordinary course to
24 whom disclosure is reasonably necessary for this Action and who have
25 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
26 and
27 (g) to any mediator or settlement officer, and their supporting
1 settlement discussions.
2
3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
4 PRODUCED IN OTHER LITIGATION
5 If a Party is served with a subpoena or a court order issued in
6 other litigation that compels disclosure of any information or items
7 designated in this Action as “CONFIDENTIAL” or “HIGHLY
8 CONFIDENTIAL — ATTORNEYS’ EYES ONLY,” that Party must:
9 (a) promptly notify in writing the Designating Party. Such
10 notification shall include a copy of the subpoena or court order;
11 (b) promptly notify in writing the party who caused the
12 subpoena or order to issue in the other litigation that some or all of the
13 material covered by the subpoena or order is subject to this Protective
14 Order. Such notification shall include a copy of this Stipulated
15 Protective Order; and
16 (c) cooperate with respect to all reasonable procedures sought to
17 be pursued by the Designating Party whose Protected Material may be
18 affected.
19 If the Designating Party timely seeks a protective order, the
20 Party served with the subpoena or court order shall not produce any
21 information designated in this action as “CONFIDENTIAL” or
22 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” before a
23 determination by the court from which the subpoena or order issued,
24 unless the Party has obtained the Designating Party’s permission. The
25 Designating Party shall bear the burden and expense of seeking
26 protection in that court of its confidential material, and nothing in these
27 provisions should be construed as authorizing or encouraging a
1 court.
2
3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
4 PRODUCED IN THIS LITIGATION
5 9.1 Application. The terms of this Stipulated Protective Order
6 are applicable to information produced by a Non-Party in this Action and
7 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL —
8 ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties
9 in connection with this Action is protected by the remedies and relief
10 provided by this Order. Nothing in these provisions should be construed
11 as prohibiting a Non-Party from seeking additional protections. Any
12 Party that serves a subpoena on a Non-Party shall provide a copy of this
13 Stipulated Protective Order with the subpoena and inform the Non-Party
14 of its right to designate documents or testimony as “CONFIDENTIAL” or
15 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” in
16 accordance with this Order.
17 9.2 Notification. In the event that a Party is required, by a valid
18 discovery request, to produce a Non-Party’s confidential information in
19 its possession, and the Party is subject to an agreement with the Non-
20 Party not to produce the Non-Party’s confidential information, then the
21 Party shall:
22 (a) promptly notify in writing the Requesting Party and the
23 Non-Party that some or all of the information requested is subject to a
24 confidentiality agreement with a Non-Party;
25 (b) make the information requested available for inspection by
26 the Non-Party, if requested.
27 9.3 Conditions of Production. If the Non-Party fails to seek a
1 and accompanying information, the Receiving Party may produce the
2 Non-Party’s confidential information responsive to the discovery request.
3 If the Non-Party timely seeks a protective order, the Receiving Party
4 shall not produce any information in its possession or control that is
5 subject to the confidentiality agreement with the Non-Party before a
6 determination by the Court. Absent a court order to the contrary, the
7 Non-Party shall bear the burden and expense of seeking protection in
8 this Court of its Protected Material.
9 9.4 In the event a Non-Party produces documents or materials in
10 response to a subpoena designated as “CONFIDENTIAL” or without a
11 confidentiality designation, counsel for each Party shall have fourteen
12 (14) days from receipt of the materials to provide written notice to
13 counsel for the other Party designating such materials as
14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’
15 EYES ONLY,” as appropriate. Until the expiration of fourteen (14) days
16 from the time any documents or materials are received in response to a
17 subpoena, the materials (including any information obtained directly or
18 indirectly from the materials) shall be treated as “HIGHLY
19 CONFIDENTIAL” Information. The parties may agree to modify this
20 procedure in writing without further order of the Court.
21
22 10. UNAUTHORIZED DISCLOSURE OF PROTECTED
23 MATERIAL
24 If a Receiving Party learns that, by inadvertence or otherwise, it
25 has disclosed Protected Material to any person or in any circumstance
26 not authorized under this Stipulated Protective Order, the Receiving
27 Party must immediately (a) notify in writing the Designating Party of
1 unauthorized copies of the Protected Material, (c) inform the person or
2 persons to whom unauthorized disclosures were made of all the terms of
3 this Order, and (d) request such person or persons to execute the
4 “Acknowledgment and Agreement to Be Bound” (Exhibit A).
5
6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR
7 OTHERWISE PROTECTED MATERIAL
8 When a Producing Party gives notice to Receiving Parties that
9 certain inadvertently produced material is subject to a claim of privilege
10 or other protection, the obligations of the Receiving Parties are those set
11 forth in Rule 26(b)(5)(B) of the Federal Rules of Civil Procedure.
12 Pursuant to Rules 502(d) and (e) of the Federal Rules of Evidence, the
13 parties agree that inadvertent disclosure of any document or thing
14 subject to a legitimate claim that the document or thing should have
15 been withheld from disclosure as protected by the attorney-client
16 privilege, attorney work product doctrine or any other applicable
17 privilege or immunity does not waive any protection for those materials
18 or for the subject matter of those materials.
19
20 12. MISCELLANEOUS
21 12.1 Right to Further Relief. Nothing in this Stipulated
22 Protective Order abridges the right of any person to seek its
23 modification by the Court in the future.
24 12.2 Right to Assert Other Objections. Given that the Action
25 involves competing requests to vacate or confirm an arbitration award,
26 the parties presently intend to conduct only limited, written
27 jurisdictional discovery as previously agreed by the parties. By
1 waives any right it otherwise would have to object to disclosing or
2 producing any information or item on any ground not addressed in this
3 Stipulated Protective Order or to object to any request for discovery
4 beyond the scope of the parties’ previous agreement. Similarly, no
5 Party waives any right to object on any ground to use in evidence of any
6 of the material covered by this Stipulated Protective Order.
7 12.3 Filing Protected Material. A Party that seeks to file under
8 seal any Protected Material must comply with Local Rule 79-5.
9 Protected Material may only be filed under seal pursuant to a court
10 order authorizing the sealing of the specific Protected Material at issue.
11 If a Party’s request to file Protected Material under seal is denied by the
12 Court, then the Receiving Party may file the information in the public
13 record unless otherwise instructed by the Court. To the extent either
14 Party seeks to file in this Action any document or information
15 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
16 ATTORNEYS’ EYES ONLY” pursuant to the “Protective Order
17 Governing Confidentiality of Documents and Information” entered by
18 Arbitrator Dana Welch, Esq. in the previous arbitration between the
19 parties styled Strike Master Fund V LLC v. Kevin Dick, AAA Case No.
20 01-24-0007-6378, that Party shall likewise follow Local Rule 79-5 unless
21 the other Party agrees in writing that the document or information may
22 be publicly filed without an application to seal.
23
24 13. FINAL DISPOSITION
25 After the Final Disposition of this Action, as defined in Section 2.8,
26 within 60 days of a written request by the Designating Party, each
27 Receiving Party must return all Protected Material to the Producing
1 Protected Material” includes all copies, abstracts, compilations,
2 summaries, and any other format reproducing or capturing any of the
3 Protected Material. Whether the Protected Material is returned or
4 destroyed, the Receiving Party must submit a written certification to
5 the Producing Party (and, if not the same person or entity, to the
6 Designating Party) by the 60-day deadline that (1) identifies (by
7 category, where appropriate) all the Protected Material that was
8 returned or destroyed and (2) affirms that the Receiving Party has not
9 retained any copies, abstracts, compilations, summaries or any other
10 format reproducing or capturing any of the Protected Material.
11 Notwithstanding this provision, Counsel is entitled to retain an archival
12 copy of all pleadings, motion papers, trial, deposition, and hearing
13 transcripts, legal memoranda, correspondence, deposition and trial
14 exhibits, expert reports, attorney work product, and consultant and
15 expert work product, even if such materials contain Protected Material.
16 Any such archival copies that contain or constitute Protected Material
17 remain subject to this Stipulated Protective Order as set forth in
18 Section 4.
19
20 14. VIOLATION
21 Any violation of this Stipulated Protective Order may be punished
22 by any and all appropriate measures including, without limitation,
23 contempt proceedings and/or monetary sanctions.
24
25
26
27
1 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
3 || DATED: July 10, 2026 SHARTSIS FRIESE LLP
4 By: /s/ Diego B. Flores
WILLIAM BROOKES S. DEGEN
5 ROBERT CHARLES WARD
DIEGO B. FLORES
6 Attomeys for Petitioner
7 Kevin Dick
8
9 || DATED: July 10, 2026 MAYNARD NEXSEN LLP
10 By: /s/ Robert Hess
ROBERT HESS
1 Attorneys for Respondent
D Strike Master Fund V LLC
13
*In accordance with L.R. pe $3.44)(2) (0), I attest that all other signatories
14 |! listed, and on whose behalf the filing is submitted, concur with the filing’s
13 content and have authorized the filing.
By: /s/Robert Hess
16 Robert Hess
17
18
19 |} FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
20
1 DATED: July 14, 2026
2 STEPHANIE 8. CHRISTENSEN
33 United States Magistrate Judge
24
25
26
27
28
EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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3 I, ________________________ [print or type full name], of
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_________________ [print or type full address], declare under
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penalty of perjury that I have read in its entirety and understand the
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Stipulated Protective Order that was issued by the United States
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District Court for the Central District of California on [date] in the
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case of Kevin Dick v. Strike Master Fund V LLC, Case No. 2:26-cv-
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04138-HDV (SSCx). I agree to comply with and to be bound by all the
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terms of this Stipulated Protective Order, and I understand and
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acknowledge that failure to so comply could expose me to sanctions
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and punishment in the nature of contempt. I solemnly promise that I
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will not disclose in any manner any information or item that is subject
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to this Stipulated Protective Order to any person or entity except in
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strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States
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18 District Court for the Central District of California for the purpose of
19 enforcing the terms of this Stipulated Protective Order, even if such
20 enforcement proceedings occur after termination of this action. I
21 hereby appoint ________________________ [print or type full name]
22 of _________ [print or type full address and telephone number] as
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my California agent for service of process in connection with this action
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or any proceedings related to enforcement of this Stipulated Protective
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3 Order.
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5 Date: ___________________________
6 City and State where sworn and
___________________________
7 signed:
8 Printed name: ___________________________
9 Signature: ___________________________
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