Lodge Manufacturing Company v. Gibson Overseas, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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CASE NO. 2:18-cv-08085-PSG

LODGE MANUFACTURING

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COMPANY

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Plaintiff,

14 STIPULATED PROTECTIVE

vs. ORDER1

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GIBSON OVERSEAS, INC.,

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Defendant.

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GIBSON OVERSEAS, INC.,

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CounterClaimant,

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vs.

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LODGE MANUFACTURING

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COMPANY

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CounterDefendant.

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1 This Stipulated Protective Order is substantially based on the model protective order

26 provided under Magistrate Judge Gail J. Standish’s Procedures.

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1 1. A. PURPOSES AND LIMITATIONS

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

3 proprietary or private information for which special protection from public disclosure

4 and from use for any purpose other than prosecuting this litigation may be warranted.

5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following

6 Stipulated Protective Order. The parties acknowledge that this Order does not confer

7 blanket protections on all disclosures or responses to discovery and that the protection

8 it affords from public disclosure and use extends only to the limited information or

9 items that are entitled to confidential treatment under the applicable legal principles.

10 B. GOOD CAUSE STATEMENT

11 During this action the Parties anticipate exchanging highly sensitive and

12 confidential information and trade secrets, including proprietary engineering and

13 design documents and confidential marketing and sales documents for which special

14 protection from public disclosure and from use for any purpose other than prosecution

15 of this action is warranted. Such confidential and proprietary materials and information

16 consist of, among other things, confidential business or financial information,

17 information regarding confidential business practices, or other confidential research,

18 development, or commercial information (including information implicating privacy

19 rights of third parties), information otherwise generally unavailable to the public, or

20 which may be privileged or otherwise protected from disclosure under state or federal

21 statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow

22 of information, to facilitate the prompt resolution of disputes over confidentiality of

23 discovery materials, to adequately protect information the parties are entitled to keep

24 confidential, to ensure that the parties are permitted reasonable necessary uses of such

25 material in preparation for and in the conduct of trial, to address their handling at the

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

27 information is justified in this matter. It is the intent of the parties that information will

1 not be designated as confidential for tactical reasons and that nothing be so designated

2 without a good faith belief that it has been maintained in a confidential, non-public

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

4 case.

5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

6 The parties further acknowledge, as set forth in Section 12.3, below, that this

7 Stipulated Protective Order does not entitle them to file confidential information under

8 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the

9 standards that will be applied when a party seeks permission from the court to file

10 material under seal.

11 There is a strong presumption that the public has a right of access to judicial

12 proceedings and records in civil cases. In connection with non-dispositive motions,

13 good cause must be shown to support a filing under seal. See Kamakana v. City and

14 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

15 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,

16 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good

17 cause showing), and a specific showing of good cause or compelling reasons with

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

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

20 of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY

21 CONFIDENTIAL – ATTORNEYS’ EYES ONLY does not—without the submission

22 of competent evidence by declaration, establishing that the material sought to be filed

23 under seal qualifies as confidential, privileged, or otherwise protectable—constitute

24 good cause.

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

26 compelling reasons, not only good cause, for the sealing must be shown, and the relief

27 sought shall be narrowly tailored to serve the specific interest to be protected. See

1 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item

2 or type of information, document, or thing sought to be filed or introduced under seal

3 in connection with a dispositive motion or trial, the party seeking protection must

4 articulate compelling reasons, supported by specific facts and legal justification, for

5 the requested sealing order. Again, competent evidence supporting the application to

6 file documents under seal must be provided by declaration.

7 Any document that is not confidential, privileged, or otherwise protectable in its

8 entirety will not be filed under seal if the confidential portions can be redacted. If

9 documents can be redacted, then a redacted version for public viewing, omitting only

10 the confidential, privileged, or otherwise protectable portions of the document, shall

11 be filed. Any application that seeks to file documents under seal in their entirety should

12 include an explanation of why redaction is not feasible.

13 2. DEFINITIONS

14 2.1 Action: this pending federal lawsuit.

15 2.2 Challenging Party: a Party or Non-Party that challenges the designation

16 of information or items under this Order.

17 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

18 how it is generated, stored or maintained) or tangible things that qualify for protection

19 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

20 Statement.

21 2.4 Counsel: Outside Counsel of Record (as well as their support staff).

22 2.5 Designating Party: a Party or Non-Party that designates information or

23 items that it produces in disclosures or in responses to discovery as

24 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

25 ONLY.”

26 2.6 Disclosure or Discovery Material: all items or information, regardless of

27 the medium or manner in which it is generated, stored, or maintained (including,

1 among other things, testimony, transcripts, and tangible things), that are produced or

2 generated in disclosures or responses to discovery in this matter.

3 2.7 Expert: a person with specialized knowledge or experience in a matter

4 pertinent to the litigation who (1) has been retained by a Party or its counsel to serve

5 as an expert witness or as a consultant in this Action, (2) is not a current employee of

6 a Party, and (3) at the time of retention, is not anticipated to become an employee of a

7 Party.2

8 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

9 Information or Items”: extremely sensitive “Confidential Information or Items,”

10 disclosure of which to another Party or Non-Party would create a substantial risk of

11 serious harm that could not be avoided by less restrictive means.

12 2.9 Non-Party: any natural person, partnership, corporation, association or

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

14 2.10 Outside Counsel of Record: attorneys who are not employees of a party

15 to this Action but are retained to represent or advise a party to this Action and have

16 appeared in this Action on behalf of that party or are affiliated with a law firm that has

17 appeared on behalf of that party, and includes support staff.

18 2.11 Party: any party to this Action, including all of its officers, directors,

19 employees, consultants, retained experts, and Outside Counsel of Record (and their

20 support staffs).

21 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

22 Discovery Material in this Action.

23 2.13 Professional Vendors: persons or entities that provide litigation support

24 services (e.g., photocopying, videotaping, translating, preparing exhibits or

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26 2 Nothing herein shall be construed to preclude an employee or anticipated employee of

a Party from serving as an expert provided that the employee or anticipated employee

27 does not receive HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY

Information or Items.

1 demonstrations, and organizing, storing, or retrieving data in any form or medium) and

2 their employees and subcontractors.

3 2.14 Protected Material: any Disclosure or Discovery Material that is

4 designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –

5 ATTORNEYS’ EYES ONLY.”

6 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

7 from a Producing Party.

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3. SCOPE

9 The protections conferred by this Stipulation and Order cover not only Protected

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

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

12 Material; and (3) any testimony, conversations, or presentations by Parties or their

13 Counsel that might reveal Protected Material. However, the protections conferred by

14 this Stipulation and Order do not cover the following information: (a) any information

15 that is in the public domain at the time of disclosure to a Receiving Party or becomes

16 part of the public domain after its disclosure to a Receiving Party as a result of

17 publication not involving a violation of this Order, including becoming part of the

18 public record through trial or otherwise; and (b) any information known to the

19 Receiving Party prior to the disclosure or obtained by the Receiving Party after the

20 disclosure from a source who obtained the information lawfully and under no

21 obligation of confidentiality to the Designating Party.

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

23 judge. This Order does not govern the use of Protected Material at trial.

24 4. DURATION

25 FINAL DISPOSITION of the action is defined as the conclusion of any appellate

26 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run.

27 Except as set forth below, the terms of this protective order apply through FINAL

1 DISPOSITION of the action. The parties may stipulate that they will be contractually

2 bound by the terms of this agreement beyond FINAL DISPOSITION, but will have to

3 file a separate action for enforcement of the agreement once all proceedings in this case

4 are complete.

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

6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

7 ONLY” or maintained pursuant to this protective order used or introduced as an exhibit

8 at trial becomes public and will be presumptively available to all members of the

9 public, including the press, unless compelling reasons supported by specific factual

10 findings to proceed otherwise are made to the trial judge in advance of the trial. See

11 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing

12 documents produced in discovery from “compelling reasons” standard when merits-

13 related documents are part of court record). Accordingly, for such materials, the terms

14 of this protective order do not extend beyond the commencement of the trial.

15 5. DESIGNATING PROTECTED MATERIAL

16 5.1 Exercise of Restraint and Care in Designating Material for Protection.

17 Each Party or Non-Party that designates information or items for protection under this

18 Order must take care to limit any such designation to specific material that qualifies

19 under the appropriate standards. The Designating Party must designate for protection

20 only those parts of material, documents, items or oral or written communications that

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

22 which protection is not warranted are not swept unjustifiably within the ambit of this

23 Order.

24 Mass, indiscriminate or routinized designations are prohibited. Designations

25 that are shown to be clearly unjustified or that have been made for an improper purpose

26 (e.g., to unnecessarily encumber the case development process or to impose

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1 unnecessary expenses and burdens on other parties) may expose the Designating Party

2 to sanctions.

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

4 designated for protection do not qualify for protection at all or do not qualify for the

5 level of protection initially asserted, that Designating Party must promptly notify all

6 other Parties that it is withdrawing the inapplicable designation.

7 5.2 Manner and Timing of Designations. Except as otherwise provided in this

8 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated

9 or ordered, Disclosure or Discovery Material that qualifies for protection under this

10 Order must be clearly so designated before the material is disclosed or produced.

11 Designation in conformity with this Order requires:

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

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

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

15 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

16 ONLY” to each page that contains protected material.

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

18 need not designate them for protection until after the inspecting Party has indicated

19 which documents it would like copied and produced. During the inspection and before

20 the designation, all of the material made available for inspection shall be deemed

21 “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” After the inspecting

22 Party has identified the documents it wants copied and produced, the Producing Party

23 must determine which documents, or portions thereof, qualify for protection under this

24 Order. Then, before producing the specified documents, the Producing Party must

25 affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

26 ATTORNEYS’ EYES ONLY”) to each page that contains Protected Material.

27 (b) for testimony given in deposition or in other pretrial or trial proceedings,

1 that the Designating Party identify in writing within 21 days of receipt of the transcript

2 by page and line number the specific portions of the testimony as to which protection

3 is sought and specify the level of protection being asserted. Only those portions of the

4 testimony that are appropriately designated for protection within the 21 days shall be

5 covered by the provisions of this Stipulated Protective Order. Any transcript that is

6 prepared before the expiration of a 21-day period for designation shall be treated during

7 that period as if it had been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’

8 EYES ONLY” in its entirety unless otherwise agreed. After the expiration of that

9 period, the transcript shall be treated only as actually designated.

10 Parties shall give the other parties notice if they reasonably expect a

11 deposition, hearing or other proceeding to include Protected Material so that the other

12 parties can ensure that only authorized individuals who have signed the

13 “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those

14 proceedings. The use of a document as an exhibit at a deposition shall not in any way

15 affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

16 ATTORNEYS’ EYES ONLY.”

17 Transcripts containing Protected Material shall have an obvious legend on

18 the title page that the transcript contains Protected Material, and the title page shall be

19 followed by a list of all pages (including line numbers as appropriate) that have been

20 designated as Protected Material and the level of protection being asserted by the

21 Designating Party. The Designating Party shall inform the court reporter of these

22 requirements.

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

24 any other tangible items, that the Producing Party affix in a prominent place on the

25 exterior of the container or containers in which the information is stored the legend

26 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES

27 ONLY.” If only a portion or portions of the information warrants protection, the

1 Producing Party, to the extent practicable, shall identify the protected portion(s) and

2 specify the level of protection being asserted.

3 (d) for documents produced in native format, that the Designating Party

4 produce a slip sheet or cover sheet stamped “CONFIDENTIAL,” “HIGHLY

5 CONFIDENTIAL - ATTORNEYS’ EYES ONLY” or some similar or comparable

6 designation, as well as rename the native document with the same designation in

7 parentheses following the Bates number.

8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

9 failure to designate qualified information or items does not, standing alone, waive the

10 Designating Party’s right to secure protection under this Order for such material. Upon

11 timely correction of a designation, the Receiving Party must make reasonable efforts

12 to assure that the material is treated in accordance with the provisions of this Order.

13 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

14 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

16 Order. A Party does not waive its right to challenge a confidentiality designation by

17 electing not to mount a challenge promptly after the original designation is disclosed.

18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

19 resolution process under Local Rule 37.1 et seq.

20 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without

21 court intervention, either Party may file and serve a motion to retain or challenge

22 confidentiality pursuant to Civil Local Rule 37-2 – 37-4. Each such motion must be

23 accompanied by a competent declaration affirming that the movant has complied with

24 the meet and confer requirements imposed in the preceding paragraph. The burden of

25 persuasion in any such challenge proceeding shall be on the Designating Party.

26 Frivolous challenges, and those made for an improper purpose (e.g., to harass or

27 impose unnecessary expenses and burdens on other parties) may expose the

1 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn

2 the confidentiality designation, all parties shall continue to afford the material in

3 question the level of protection to which it is entitled under the Producing Party’s

4 designation until the Court rules on the challenge.

5 7. ACCESS TO AND USE OF PROTECTED MATERIAL

6 7.1 Basic Principles. A Receiving Party may use Protected Material that is

7 disclosed or produced by another Party or by a Non-Party in connection with this

8 Action only for prosecuting, defending or attempting to settle this Action. Such

9 Protected Material may be disclosed only to the categories of persons and under the

10 conditions described in this Order. When the Action has been terminated, a Receiving

11 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

12 Protected Material must be stored and maintained by a Receiving Party at a

13 location and in a secure manner that ensures that access is limited to the persons

14 authorized under this Order.

15 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

16 otherwise ordered by the court or permitted in writing by the Designating Party, a

17 Receiving Party may disclose any information or item designated “CONFIDENTIAL”

18 only to:

19 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well

20 as employees of said Outside Counsel of Record to whom it is reasonably necessary to

21 disclose the information for this Action;

22 (b) the officers, directors, and employees of the Receiving Party to whom

23 disclosure is reasonably necessary for this Action;

24 (c) Experts (as defined in this Order) of the Receiving Party to whom

25 disclosure is reasonably necessary for this Action and who have signed the

26 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

27 (d) the court and its personnel;

1 (e) court reporters and their staff;

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

3 Vendors to whom disclosure is reasonably necessary for this Action and who have

4 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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

6 custodian or other person who otherwise possessed or knew the information;

7 (h) during their depositions, witnesses, and attorneys for witnesses, in the

8 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

9 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

10 not be permitted to keep any confidential information unless they sign the

11 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed

12 by the Designating Party or ordered by the court. Pages of transcribed deposition

13 testimony or exhibits to depositions that reveal Protected Material may be separately

14 bound by the court reporter and may not be disclosed to anyone except as permitted

15 under this Stipulated Protective Order; and

16 (i) any mediator or settlement officer, and their supporting personnel,

17 mutually agreed upon by any of the parties engaged in settlement discussions.

18 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

19 ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in

20 writing by the Designating Party, a Receiving Party may disclose any information or

21 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only

22 to:

23 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as

24 employees of said Outside Counsel of Record to whom it is reasonably necessary to

25 disclose the information for this litigation;

26 (b) Experts of the Receiving Party (1) to whom disclosure is reasonably

27 necessary for this litigation, and (2) who have signed the “Acknowledgment and

1 Agreement to Be Bound” (Exhibit A);

2 (c) the Court and its personnel;

3 (d) court reporters and their staff, professional jury or trial consultants, and

4 Professional Vendors to whom disclosure is reasonably necessary for this litigation;

5 and

6 (e) the author or recipient of a document containing the information or a

7 custodian or other person who otherwise possessed or knew the information.

8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

9 OTHER LITIGATION

10 If a Party is served with a subpoena or a court order issued in other litigation that

11 compels disclosure of any information or items designated in this Action as

12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

13 ONLY” that Party must:

14 (a) promptly notify in writing the Designating Party. Such notification shall

15 include a copy of the subpoena or court order;

16 (b) promptly notify in writing the party who caused the subpoena or order to

17 issue in the other litigation that some or all of the material covered by the subpoena or

18 order is subject to this Protective Order. Such notification shall include a copy of this

19 Stipulated Protective Order; and

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

21 by the Designating Party whose Protected Material may be affected.

22 If the Designating Party timely seeks a protective order, the Party served with

23 the subpoena or court order shall not produce any information designated in this action

24 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

25 ONLY” before a determination by the court from which the subpoena or order issued,

26 unless the Party has obtained the Designating Party’s permission. The Designating

27 Party shall bear the burden and expense of seeking protection in that court of its

1 confidential material and nothing in these provisions should be construed as

2 authorizing or encouraging a Receiving Party in this Action to disobey a lawful

3 directive from another court.

4 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

5 IN THIS LITIGATION

6 (a) The terms of this Order are applicable to information produced by a Non-

7 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

8 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by

9 Non-Parties in connection with this litigation is protected by the remedies and relief

10 provided by this Order. Nothing in these provisions should be construed as prohibiting

11 a Non-Party from seeking additional protections.

12 (b) In the event that a Party is required, by a valid discovery request, to

13 produce a Non-Party’s confidential information in its possession, and the Party is

14 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential

15 information, then the Party shall:

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

17 that some or all of the information requested is subject to a confidentiality agreement

18 with a Non-Party;

19 (2) promptly provide the Non-Party with a copy of the Stipulated

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

21 specific description of the information requested; and

22 (3) make the information requested available for inspection by the Non-

23 Party, if requested.

24 (c) If the Non-Party fails to seek a protective order from this court within 14

25 days of receiving the notice and accompanying information, the Receiving Party may

26 produce the Non-Party’s confidential information responsive to the discovery request.

27 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

1 any information in its possession or control that is subject to the confidentiality

2 agreement with the Non-Party before a determination by the court. Absent a court

3 order to the contrary, the Non-Party shall bear the burden and expense of seeking

4 protection in this court of its Protected Material.

5 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

7 Protected Material to any person or in any circumstance not authorized under this

8 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

9 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

10 all unauthorized copies of the Protected Material, (c) inform the person or persons to

11 whom unauthorized disclosures were made of all the terms of this Order, and (d)

12 request such person or persons to execute the “Acknowledgment and Agreement to Be

13 Bound” that is attached hereto as Exhibit A.

14 11. PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

15 MATERIAL

16 The production of privileged or work product protected documents, ESI, or

17 information, whether inadvertent or otherwise, is not a waiver of the privilege or

18 protection from discovery in this case or in any other federal or state proceeding. This

19 Order shall be interpreted to provide the maximum protection allowed by Federal Rule

20 of Evidence 502(d). In the event that a Producing Party produces attorney-client

21 privileged documents or information or documents or information protected by the

22 work product doctrine, and if the Producing Party subsequently notifies the Receiving

23 Party of the production of the privileged documents or information, or if the Receiving

24 Party receives information that it knows is subject to privilege, the Receiving Party

25 agrees to promptly return to the Producing Party all copies of the produced privileged

26 documents or information or destroy all copies of the produced privileged documents

27 or information and certify the destruction.

1 When a Producing Party gives notice to a Receiving Party that certain produced

2 material is subject to a claim of privilege or other protection, the obligations of the

3 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).

4 This provision is not intended to modify whatever procedure may be established in an

5 e-discovery order that provides for production without prior privilege review. Pursuant

6 to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement

7 on the effect of disclosure of a communication or information covered by the attorney-

8 client privilege or work product protection, the parties may incorporate their agreement

9 in the stipulated protective order submitted to the court.

10 12. MISCELLANEOUS

11 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

12 person to seek its modification by the Court in the future.

13 12.2 Right to Assert Other Objections. By stipulating to the entry of this

14 Protective Order, no Party waives any right it otherwise would have to object to

15 disclosing or producing any information or item on any ground not addressed in this

16 Stipulated Protective Order. Similarly, no Party waives any right to object on any

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

18 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

20 only be filed under seal pursuant to a court order authorizing the sealing of the specific

21 Protected Material at issue. If a Party’s request to file Protected Material under seal is

22 denied by the court, then the Receiving Party may file the information in the public

23 record unless otherwise instructed by the court.

24 13. FINAL DISPOSITION

25 After the final disposition of this Action, as defined in paragraph 4, within 60

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

27 all Protected Material to the Producing Party or destroy such material. As used in this

1 subdivision, “all Protected Material” includes all copies, abstracts, compilations,

2 summaries, and any other format reproducing or capturing any of the Protected

3 Material. Whether the Protected Material is returned or destroyed, the Receiving Party

4 must submit a written certification to the Producing Party (and, if not the same person

5 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by

6 category, where appropriate) all the Protected Material that was returned or destroyed

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

8 compilations, summaries or any other format reproducing or capturing any of the

9 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

10 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

11 legal memoranda, correspondence, deposition and trial exhibits, expert reports,

12 attorney work product, and consultant and expert work product, even if such materials

13 contain Protected Material. Any such archival copies that contain or constitute

14 Protected Material remain subject to this Protective Order as set forth in Section 4

15 (DURATION).

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1 || 14. VIOLATION

2 |} Any violation of this Order may be punished by appropriate measures including,

3 || without limitation, contempt proceedings and/or monetary sanctions.

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5 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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7 || DATED: August 30, 2019

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9 || Mare E. Hankin/

Marc E. Hankin

10 |) Attorneys for Plaintiff

1]

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3 DATED: August 30, 2019

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/Valerie W. Ho/

15 || Valerie W. Ho

6 Attorneys for Defendant

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9 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: September 4, 2019

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73 Ura

24 || GAIL J. STANDISH

55 UNITED STATES MAGISTRATE JUDGE

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18063187v1

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

4 I, _____________________________ [print or type full name], of

5 _________________ [print or type full address], declare under penalty of perjury that

6 I have read in its entirety and understand the Stipulated Protective Order that was

7 issued by the United States District Court for the Central District of California on

8 [date] in the case of Lodge Manufacturing Company v. Gibson Overseas, Inc., 2:18-

9 cv-08085. I agree to comply with and to be bound by all the terms of this Stipulated

10 Protective Order and I understand and acknowledge that failure to so comply could

11 expose me to sanctions and punishment in the nature of contempt. I solemnly

12 promise that I will not disclose in any manner any information or item that is subject

13 to this Stipulated Protective Order to any person or entity except in strict compliance

14 with the provisions of this Order.

15 I further agree to submit to the jurisdiction of the United States District Court for the

16 Central District of California for enforcing the terms of this Stipulated Protective

17 Order, even if such enforcement proceedings occur after termination of this action. I

18 hereby appoint __________________________ [print or type full name] of

19 _______________________________________ [print or type full address and

20 telephone number] as my California agent for service of process in connection with

21 this action or any proceedings related to enforcement of this Stipulated Protective

22 Order.

23 Date: ______________________________________

24 City and State where sworn and signed: _________________________________

25 Printed name: _______________________________

26

27 Signature: __________________________________