# Opinion

> District Court, C.D. California · August 27, 2026

URL: https://www.frixlaw.com/law-library/cases/11433379

## Case

- **Full name:** Lone Cypress Group, LLC v. TripleB, Inc. d/b/a NXTRND.USA; TripleB, Inc. d/b/a NXTRND.USA v. Lone Cypress Group, LLC
- **Court:** District Court, C.D. California
- **Decided:** August 27, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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LONE CYPRESS GROUP, LLC, ) Case No. 8:26-cv-00280-JDE
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Plaintiff, )
12 v. ) PROTECTIVE ORDER
TRIPLEB, INC. d/b/a )
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NXTRND.USA; and DOES 1–10, )
14 inclusive, )
Defendant )
15
----------------------------------------------------- )
16 TRIPLEB, INC. d/b/a )
17 NXTRND.USA, )
Counterclaimant, )
18 v. )
19 LONE CYPRESS GROUP, LLC, )
and ROES 1-10, )
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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
9
of the litigation, and serve the ends of justice, a protective order for such
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information is justified in this matter. Information may not be designated as
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confidential for tactical reasons and that nothing be so designated without a
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good faith belief that it has been maintained in a confidential, non-public
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manner, and there is good cause why it should not be part of the public record
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of this case.
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2. UNDER SEAL FILING PROCEDURE
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As set forth further below, this Protective Order does not entitle the
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parties to file confidential information under seal; Local Civil Rule 79-5 sets
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forth the procedures that must be followed and the standards that will be
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applied when a party seeks permission from the court to file material under
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seal. There is a strong presumption that the public has a right of access to
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judicial proceedings and records in civil cases. In connection with non-
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dispositive motions, good cause must be shown to support a filing under seal.
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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,
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and the relief sought shall be narrowly tailored to serve the specific interest to
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be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th
9
Cir. 2010). For each item or type of information, document, or thing sought to
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be filed or introduced under seal, the party seeking protection must articulate
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compelling reasons, supported by specific facts and legal justification, for the
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requested sealing order. Again, competent evidence supporting the application
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to file documents under seal must be provided by declaration.
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Any document that is not confidential, privileged, or otherwise
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protectable in its entirety will not be filed under seal if the confidential portions
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can be redacted. If documents can be redacted, then a redacted version for
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public viewing, omitting only the confidential, privileged, or otherwise
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protectable portions of the document, shall be filed. Any application that seeks
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to file documents under seal in their entirety should include an explanation of
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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.”
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3.6 Disclosure or Discovery Material: all items or information,
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regardless of the medium or manner in which it is generated, stored, or
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maintained (including, among other things, testimony, transcripts, and tangible
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things), that are produced or generated in disclosures or responses to discovery.
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3.7 Expert: a person with specialized knowledge or experience in a
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matter pertinent to the litigation who has been retained by a Party or its
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counsel to serve as an expert witness or as a consultant in this Action.
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3.8 House Counsel: attorneys who are employees of a party to this
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Action. House Counsel does not include Outside Counsel of Record or any
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other outside counsel.
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3.9 Non-Party: any natural person, partnership, corporation,
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association or other legal entity not named as a Party to this action.
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3.10 Outside Counsel of Record: attorneys who are not employees of a
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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.”
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3.15 Receiving Party: a Party that receives Disclosure or Discovery
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Material from a Producing Party.
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4. SCOPE
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The protections conferred by this Order cover not only Protected
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Material (as defined above), but also (1) any information copied or extracted
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from Protected Material; (2) all copies, excerpts, summaries, or compilations
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of Protected Material; and (3) any testimony, conversations, or presentations
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by Parties or their Counsel that might reveal Protected Material.
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Any use of Protected Material at trial shall be governed by the orders of
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the trial judge and other applicable authorities. This Order does not govern the
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use of Protected Material at trial.
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5. DURATION
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Once a case proceeds to trial, information that was designated as
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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
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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
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designation to specific material that qualifies under the appropriate standards.
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The Designating Party must designate for protection only those parts of
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material, documents, items or oral or written communications that qualify so
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that other portions of the material, documents, items or communications for
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which protection is not warranted are not swept unjustifiably within the ambit
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of this Order.
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Mass, indiscriminate or routinized designations are prohibited.
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Designations that are shown to be clearly unjustified or that have been made
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for an improper purpose (e.g., to unnecessarily encumber the case development
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process or to impose unnecessary expenses and burdens on other parties) may
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expose the Designating Party to sanctions.
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If it comes to a Designating Party’s attention that information or items
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that it designated for protection do not qualify for protection, that Designating
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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).
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A Party or Non-Party that makes original documents available for
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inspection need not designate them for protection until after the inspecting
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Party has indicated which documents it would like copied and produced.
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During the inspection and before the designation, all of the material made
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available for inspection shall be deemed “CONFIDENTIAL.” After the
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inspecting Party has identified the documents it wants copied and produced,
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the Producing Party must determine which documents, or portions thereof,
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qualify for protection under this Order. Then, before producing the specified
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documents, the Producing Party must affix the “CONFIDENTIAL legend” to
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each page that contains Protected Material. If only a portion of the material on
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a page qualifies for protection, the Producing Party also must clearly identify
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the protected portion(s) (e.g., by making appropriate markings in the margins).
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(b) for testimony given in depositions that the Designating Party
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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.
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7. CHALLENGING CONFIDENTIALITY DESIGNATIONS
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7.1. Timing of Challenges. Any Party or Non-Party may challenge a
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designation of confidentiality at any time that is consistent with the Court’s
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Scheduling Order.
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7.2 Meet and Confer. The Challenging Party shall initiate the dispute
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resolution process under Local Rule 37-1 et seq.
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7.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
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joint stipulation pursuant to Local Rule 37-2.
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7.4 The burden of persuasion in any such challenge proceeding shall be
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on the Designating Party. Frivolous challenges, and those made for an
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improper purpose (e.g., to harass or impose unnecessary expenses and burdens
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on other parties) may expose the Challenging Party to sanctions. Unless the
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Designating Party has waived or withdrawn the confidentiality designation, all
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parties shall continue to afford the material in question the level of protection
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to which it is entitled under the Producing Party’s designation until the Court
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rules on the challenge.
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8. ACCESS TO AND USE OF PROTECTED MATERIAL
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8.1 Basic Principles. A Receiving Party may use Protected Material that
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is disclosed or produced by another Party or by a Non-Party in connection
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with this Action only for prosecuting, defending or attempting to settle this
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Action. Such Protected Material may be disclosed only to the categories of
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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
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Party, a Receiving Party may disclose any information or item designated
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“CONFIDENTIAL” only to:
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(a) the Receiving Party’s Outside Counsel of Record in this
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Action, as well as employees of said Outside Counsel of Record to whom it is
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reasonably necessary to disclose the information for this Action;
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(b) the officers, directors, and employees (including House
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Counsel) of the Receiving Party to whom disclosure is reasonably necessary
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for this Action;
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(c) Experts (as defined in this Order) of the Receiving Party to
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whom disclosure is reasonably necessary for this Action and who have signed
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an Acknowledgment and Agreement to Be Bound by this Order (hereinafter,
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“Acknowledgment”);
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(d) the court and its personnel;
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(e) court reporters and their staff;
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(f) professional jury or trial consultants, mock jurors, and
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Professional Vendors to whom disclosure is reasonably necessary for this
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Action and who have signed an Acknowledgment;
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(g) the author or recipient of a document containing the
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information or a person who otherwise possessed or knew the information;
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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
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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
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sealing of the specific Protected Material. If a Party’s request to file Protected
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Material under seal is denied by the court, then the Receiving Party may file
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the information in the public record unless otherwise instructed by the court.
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14. FINAL DISPOSITION
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After the final disposition of this Action, as defined above, within 60
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days of a written request by the Designating Party, each Receiving Party must
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return all Protected Material to the Producing Party or destroy such material.
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As used in this subdivision, “all Protected Material” includes all copies,
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abstracts, compilations, summaries, and any other format reproducing or
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capturing any of the Protected Material. Whether the Protected Material is
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returned or destroyed, the Receiving Party must submit a written certification
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to the Producing Party (and, if not the same person or entity, to the
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Designating Party) by the 60-day deadline that (1) identifies (by category,
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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.
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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: August 27, 2026
12 sf de
iA HN D. EARLY
United States Magistrate Judge
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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11433379. Public record. Not legal advice.