Opinion

Court: District Court, C.D. California
Filed: Aug 27, 2026
Cited by: 0 cases

The opinion

8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

LONE CYPRESS GROUP, LLC, ) Case No. 8:26-cv-00280-JDE

Plaintiff, )

12 v. ) PROTECTIVE ORDER

TRIPLEB, INC. d/b/a )

NXTRND.USA; and DOES 1–10, )

14 inclusive, )

Defendant )

----------------------------------------------------- )

16 TRIPLEB, INC. d/b/a )

17 NXTRND.USA, )

Counterclaimant, )

18 v. )

19 LONE CYPRESS GROUP, LLC, )

and ROES 1-10, )

Counter-Defendants. )

21 )

22 Based on the record in this action, and good cause appearing, the Court

23 finds and orders as follows under Fed. R. Civ. P. 26 (b)(2)(C) and 26(c).

24 1. PURPOSES AND LIMITATIONS

25 Discovery in this action is likely to involve production of confidential,

26 proprietary or private information for which special protection from public

27 disclosure and from use for any purpose other than pursuing this litigation may

28 be warranted. This Order does not confer blanket protections on all disclosures

1 or responses to discovery and that the protection it affords from public

2 disclosure and use extends only to the limited information or items that are

3 entitled to confidential treatment under the applicable legal principles.

4 Accordingly, to expedite the flow of information, to facilitate the prompt

5 resolution of disputes over confidentiality of discovery materials, to adequately

6 protect information the parties are entitled to keep confidential, to ensure that

7 the parties are permitted reasonable necessary uses of such material in

8 preparation for and in the conduct of trial, to address their handling at the end

of the litigation, and serve the ends of justice, a protective order for such

information is justified in this matter. Information may not be designated as

confidential for tactical reasons and that nothing be so designated without a

good faith belief that it has been maintained in a confidential, non-public

manner, and there is good cause why it should not be part of the public record

of this case.

2. UNDER SEAL FILING PROCEDURE

As set forth further below, this Protective Order does not entitle the

parties to file confidential information under seal; Local Civil Rule 79-5 sets

forth the procedures that must be followed and the standards that will be

applied when a party seeks permission from the court to file material under

seal. There is a strong presumption that the public has a right of access to

judicial proceedings and records in civil cases. In connection with non-

dispositive motions, good cause must be shown to support a filing under seal.

24 See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir.

25 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002).

26 A specific showing of good cause or compelling reasons with proper

27 evidentiary support and legal justification, must be made with respect to

28 Protected Material that a party seeks to file under seal. The parties’ mere

1 designation of Disclosure or Discovery Material as CONFIDENTIAL does

2 not— without the submission of competent evidence by declaration,

3 establishing that the material sought to be filed under seal qualifies as

4 confidential, privileged, or otherwise protectable—constitute good cause.

5 Further, if a party requests sealing related to a dispositive motion or trial,

6 then compelling reasons, not only good cause, for the sealing must be shown,

and the relief sought shall be narrowly tailored to serve the specific interest to

be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th

Cir. 2010). For each item or type of information, document, or thing sought to

be filed or introduced under seal, the party seeking protection must articulate

compelling reasons, supported by specific facts and legal justification, for the

requested sealing order. Again, competent evidence supporting the application

to file documents under seal must be provided by declaration.

Any document that is not confidential, privileged, or otherwise

protectable in its entirety will not be filed under seal if the confidential portions

can be redacted. If documents can be redacted, then a redacted version for

public viewing, omitting only the confidential, privileged, or otherwise

protectable portions of the document, shall be filed. Any application that seeks

to file documents under seal in their entirety should include an explanation of

21 why redaction is not feasible.

22 3. DEFINITIONS

23 3.1 Action: this pending federal lawsuit.

24 3.2 Challenging Party: a Party or Non-Party that challenges the

25 designation of information or items under this Order.

26 3.3 “CONFIDENTIAL” Information or Items: information

27 (regardless of how it is generated, stored or maintained) or tangible things that

28 qualify for protection under Federal Rule of Civil Procedure 26(c), and as

1 specified above in the Good Cause Statement.

2 3.4 Counsel: Outside Counsel of Record and House Counsel (as well

3 as their support staff).

4 3.5 Designating Party: a Party or Non-Party that designates

5 information or items that it produces in disclosures or in responses to discovery

6 as “CONFIDENTIAL.”

3.6 Disclosure or Discovery Material: all items or information,

regardless of the medium or manner in which it is generated, stored, or

maintained (including, among other things, testimony, transcripts, and tangible

things), that are produced or generated in disclosures or responses to discovery.

3.7 Expert: a person with specialized knowledge or experience in a

matter pertinent to the litigation who has been retained by a Party or its

counsel to serve as an expert witness or as a consultant in this Action.

3.8 House Counsel: attorneys who are employees of a party to this

Action. House Counsel does not include Outside Counsel of Record or any

other outside counsel.

3.9 Non-Party: any natural person, partnership, corporation,

association or other legal entity not named as a Party to this action.

3.10 Outside Counsel of Record: attorneys who are not employees of a

21 party to this Action but are retained to represent a party to this Action and

22 have appeared in this Action on behalf of that party or are affiliated with a law

23 firm that has appeared on behalf of that party, and includes support staff.

24 3.11 Party: any party to this Action, including all of its officers,

25 directors, employees, consultants, retained experts, and Outside Counsel of

26 Record (and their support staffs).

27 3.12 Producing Party: a Party or Non-Party that produces Disclosure or

28 Discovery Material in this Action.

1 3.13 Professional Vendors: persons or entities that provide litigation

2 support services (e.g., photocopying, videotaping, translating, preparing

3 exhibits or demonstrations, and organizing, storing, or retrieving data in any

4 form or medium) and their employees and subcontractors.

5 3.14 Protected Material: any Disclosure or Discovery Material that is

6 designated as “CONFIDENTIAL.”

3.15 Receiving Party: a Party that receives Disclosure or Discovery

Material from a Producing Party.

4. SCOPE

The protections conferred by this Order cover not only Protected

Material (as defined above), but also (1) any information copied or extracted

from Protected Material; (2) all copies, excerpts, summaries, or compilations

of Protected Material; and (3) any testimony, conversations, or presentations

by Parties or their Counsel that might reveal Protected Material.

Any use of Protected Material at trial shall be governed by the orders of

the trial judge and other applicable authorities. This Order does not govern the

use of Protected Material at trial.

5. DURATION

Once a case proceeds to trial, information that was designated as

21 CONFIDENTIAL or maintained pursuant to this protective order used or

22 introduced as an exhibit at trial becomes public and will be presumptively

23 available to all members of the public, including the press, unless compelling

24 reasons supported by specific factual findings to proceed otherwise are made to

25 the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81

26 (distinguishing “good cause” showing for sealing documents produced in

27 discovery from “compelling reasons” standard when merits-related documents

1 are part of court record). Accordingly, the terms of this protective order do not

2 extend beyond the commencement of the trial.

3 6. DESIGNATING PROTECTED MATERIAL

4 6.1 Exercise of Restraint and Care in Designating Material for

5 Protection. Each Party or Non-Party that designates information

6 or items for protection under this Order must take care to limit any such

designation to specific material that qualifies under the appropriate standards.

The Designating Party must designate for protection only those parts of

material, documents, items or oral or written communications that qualify so

that other portions of the material, documents, items or communications for

which protection is not warranted are not swept unjustifiably within the ambit

of this Order.

Mass, indiscriminate or routinized designations are prohibited.

Designations that are shown to be clearly unjustified or that have been made

for an improper purpose (e.g., to unnecessarily encumber the case development

process or to impose unnecessary expenses and burdens on other parties) may

expose the Designating Party to sanctions.

If it comes to a Designating Party’s attention that information or items

that it designated for protection do not qualify for protection, that Designating

21 Party must promptly notify all other Parties that it is withdrawing the

22 inapplicable designation.

23 6.2 Manner and Timing of Designations. Except as otherwise

24 provided in this Order, or as otherwise stipulated or ordered, Disclosure of

25 Discovery Material that qualifies for protection under this Order must be

26 clearly so designated before the material is disclosed or produced.

27 Designation in conformity with this Order requires:

28 (a) for information in documentary form (e.g., paper or electronic

1 documents, but excluding transcripts of depositions or other pretrial or trial

2 proceedings), that the Producing Party affix at a minimum, the legend

3 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page

4 that contains protected material. If only a portion of the material on a page

5 qualifies for protection, the Producing Party also must clearly identify the

6 protected portion(s) (e.g., by making appropriate markings in the margins).

A Party or Non-Party that makes original documents available for

inspection need not designate them for protection until after the inspecting

Party has indicated which documents it would like copied and produced.

During the inspection and before the designation, all of the material made

available for inspection shall be deemed “CONFIDENTIAL.” After the

inspecting Party has identified the documents it wants copied and produced,

the Producing Party must determine which documents, or portions thereof,

qualify for protection under this Order. Then, before producing the specified

documents, the Producing Party must affix the “CONFIDENTIAL legend” to

each page that contains Protected Material. If only a portion of the material on

a page qualifies for protection, the Producing Party also must clearly identify

the protected portion(s) (e.g., by making appropriate markings in the margins).

(b) for testimony given in depositions that the Designating Party

21 identifies the Disclosure or Discovery Material on the record, before the close

22 of the deposition all protected testimony.

23 (c) for information produced in some form other than

24 documentary and for any other tangible items, that the Producing Party affix

25 in a prominent place on the exterior of the container or containers in which the

26 information is stored the legend “CONFIDENTIAL.” If only a portion or

27 portions of the information warrants protection, the Producing Party, to the

28 extent practicable, shall identify the protected portion(s).

1 6.3 Inadvertent Failures to Designate. If timely corrected, an

2 inadvertent failure to designate qualified information or items does not,

3 standing alone, waive the Designating Party’s right to secure protection under

4 this Order for such material. Upon timely correction of a designation, the

5 Receiving Party must make reasonable efforts to assure that the material is

6 treated in accordance with the provisions of this Order.

7. CHALLENGING CONFIDENTIALITY DESIGNATIONS

7.1. Timing of Challenges. Any Party or Non-Party may challenge a

designation of confidentiality at any time that is consistent with the Court’s

Scheduling Order.

7.2 Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37-1 et seq.

7.3 Joint Stipulation. Any challenge submitted to the Court shall be via a

joint stipulation pursuant to Local Rule 37-2.

7.4 The burden of persuasion in any such challenge proceeding shall be

on the Designating Party. Frivolous challenges, and those made for an

improper purpose (e.g., to harass or impose unnecessary expenses and burdens

on other parties) may expose the Challenging Party to sanctions. Unless the

Designating Party has waived or withdrawn the confidentiality designation, all

parties shall continue to afford the material in question the level of protection

to which it is entitled under the Producing Party’s designation until the Court

rules on the challenge.

8. ACCESS TO AND USE OF PROTECTED MATERIAL

8.1 Basic Principles. A Receiving Party may use Protected Material that

is disclosed or produced by another Party or by a Non-Party in connection

with this Action only for prosecuting, defending or attempting to settle this

Action. Such Protected Material may be disclosed only to the categories of

1 persons and under the conditions described in this Order. When the Action has

2 been terminated, a Receiving Party must comply with the provisions below

3 (FINAL DISPOSITION).

4 Protected Material must be stored and maintained by a Receiving Party

5 at a location and in a secure manner that ensures that access is limited to the

6 persons authorized under this Order.

7 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

8 otherwise ordered by the court or permitted in writing by the Designating

Party, a Receiving Party may disclose any information or item designated

“CONFIDENTIAL” only to:

(a) the Receiving Party’s Outside Counsel of Record in this

Action, as well as employees of said Outside Counsel of Record to whom it is

reasonably necessary to disclose the information for this Action;

(b) the officers, directors, and employees (including House

Counsel) of the Receiving Party to whom disclosure is reasonably necessary

for this Action;

whom disclosure is reasonably necessary for this Action and who have signed

an Acknowledgment and Agreement to Be Bound by this Order (hereinafter,

“Acknowledgment”);

(d) the court and its personnel;

(e) court reporters and their staff;

(f) professional jury or trial consultants, mock jurors, and

Professional Vendors to whom disclosure is reasonably necessary for this

Action and who have signed an Acknowledgment;

(g) the author or recipient of a document containing the

information or a person who otherwise possessed or knew the information;

1 (h) during their depositions, witnesses, and attorneys for witnesses,

2 in the Action to whom disclosure is reasonably necessary provided: (1) the

3 deposing party requests that the witness sign an Acknowledgment; and (2) they

4 will not be permitted to keep any confidential information unless they sign an

5 Acknowledgment, unless otherwise agreed by the Designating Party or ordered

6 by the court. Pages of transcribed deposition testimony or exhibits to

7 depositions that reveal Protected Material may be separately bound by the

8 court reporter and may not be disclosed to anyone except as permitted under

9 this Protective Order; and

10 (i) any mediators or settlement officers and their supporting

11 personnel, mutually agreed upon by any of the parties engaged in settlement

12 discussions.

13 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED

14 PRODUCED IN OTHER LITIGATION

15 If a Party is served with a subpoena or a court order issued in other

16 litigation that compels disclosure of any information or items designated in this

17 Action as “CONFIDENTIAL,” that Party must:

18 (a) promptly notify in writing the Designating Party. Such

19 notification shall include a copy of the subpoena or court order;

20 (b) promptly notify in writing the party who caused the subpoena

21 or order to issue in the other litigation that some or all of the material covered

22 by the subpoena or order is subject to this Protective Order. Such notification

23 shall include a copy of this Protective Order; and

24 (c) cooperate with respect to all reasonable procedures sought to be

25 pursued by the Designating Party whose Protected Material may be affected. If

26 the Designating Party timely seeks a protective order, the Party served with the

27 subpoena or court order shall not produce any information designated in this

28 action as “CONFIDENTIAL” before a determination by the court from which

1 the subpoena or order issued, unless the Party has obtained the Designating

2 Party’s permission. The Designating Party shall bear the burden and expense

3 of seeking protection in that court of its confidential material and nothing in

4 these provisions should be construed as authorizing or encouraging a

5 Receiving Party in this Action to disobey a lawful directive from another court.

6 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO

7 BE PRODUCED IN THIS LITIGATION

8 (a) The terms of this Order are applicable to information produced

9 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such

10 information produced by Non-Parties in connection with this litigation is

11 protected by the remedies and relief provided by this Order. Nothing in these

12 provisions should be construed as prohibiting a Non-Party from seeking

13 additional protections.

14 (b) In the event that a Party is required, by a valid discovery

15 request, to produce a Non-Party’s confidential information in its possession,

16 and the Party is subject to an agreement with the Non-Party not to produce the

17 Non-Party’s confidential information, then the Party shall:

18 (1) promptly notify in writing the Requesting Party and the Non-

19 Party that some or all of the information requested is subject to a

20 confidentiality agreement with a Non-Party;

21 (2) promptly provide the Non-Party with a copy of the Protective

22 Order in this Action, the relevant discovery request(s), and a reasonably

23 specific description of the information requested; and

24 (3) make the information requested available for inspection by the

25 Non-Party, if requested.

26 (c) If the Non-Party fails to seek a protective order from this court

27 within 14 days of receiving the notice and accompanying information, the

28 Receiving Party may produce the Non-Party’s confidential information

1 responsive to the discovery request. If the Non-Party timely seeks a protective

2 order, the Receiving Party shall not produce any information in its possession

3 or control that is subject to the confidentiality agreement with the Non-Party

4 before a determination by the court. Absent a court order to the contrary, the

5 Non-Party shall bear the burden and expense of seeking protection in this court

6 of its Protected Material.

7 11. UNAUTHORIZED DISCLOSURE OF PROTECTED

8 MATERIAL

9 If a Receiving Party learns that, by inadvertence or otherwise, it has

10 disclosed Protected Material to any person or in any circumstance not

11 authorized under this Protective Order, the Receiving Party must immediately

12 (a) notify in writing the Designating Party of the unauthorized disclosures, (b)

13 use its best efforts to retrieve all unauthorized copies of the Protected Material,

14 (c) inform the person or persons to whom unauthorized disclosures were made

15 of all the terms of this Order, and (d) request such person or persons to execute

16 an Acknowledgment.

17 12. INADVERTENT PRODUCTION OF PRIVILEGED OR

18 OTHERWISE PROTECTED MATERIAL

19 When a Producing Party gives notice to Receiving Parties that certain

20 inadvertently produced material is subject to a claim of privilege or other

21 protection, the obligations of the Receiving Parties are those set forth in

22 Federal Rule of Civil Procedure 26(b)(5)(B).

23 13. MISCELLANEOUS

24 13.1 Right to Further Relief. Nothing in this Order abridges the right of

25 any person to seek its modification by the Court in the future.

26 13.2 Right to Assert Other Objections. By this Protective Order, no

27 Party waives any right it otherwise would have to object to disclosing or

1 producing any information or item on any ground not addressed in this

2 Protective Order. Similarly, no Party waives any right to object on any ground

3 to use in evidence of any of the material covered by this Protective Order.

4 13.3 Filing Protected Material. A Party that seeks to file under seal any

5 Protected Material must comply with Local Civil Rule 79-5. Protected

6 Material may only be filed under seal pursuant to a court order authorizing the

sealing of the specific Protected Material. If a Party’s request to file Protected

Material under seal is denied by the court, then the Receiving Party may file

the information in the public record unless otherwise instructed by the court.

14. FINAL DISPOSITION

After the final disposition of this Action, as defined above, within 60

days of a written request by the Designating Party, each Receiving Party must

return all Protected Material to the Producing Party or destroy such material.

As used in this subdivision, “all Protected Material” includes all copies,

abstracts, compilations, summaries, and any other format reproducing or

capturing any of the Protected Material. Whether the Protected Material is

returned or destroyed, the Receiving Party must submit a written certification

to the Producing Party (and, if not the same person or entity, to the

Designating Party) by the 60-day deadline that (1) identifies (by category,

21 where appropriate) all the Protected Material that was returned or destroyed

22 and (2) affirms that the Receiving Party has not retained any copies, abstracts,

23 compilations, summaries or any other format reproducing or capturing any of

24 the Protected Material. Notwithstanding this provision, Counsel are entitled to

25 retain an archival copy of all pleadings, motion papers, trial, deposition, and

26 hearing transcripts, legal memoranda, correspondence, deposition and trial

27 exhibits, expert reports, attorney work product, and consultant and expert

28 work product, even if such materials contain Protected Material. Any such

I |) archival copies that contain or constitute Protected Material remain subject to

2 || this Protective Order as set forth above (DURATION).

3 16. VIOLATION

4 Any violation of this Order may be punished by appropriate measures

including, without limitation, contempt proceedings and/or monetary

6 sanctions.

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

DATED: August 27, 2026

12 sf de

iA HN D. EARLY

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.