# Helio Health, Inc. v. Helio Health, Inc.

> District Court, C.D. California · January 20, 2022

URL: https://www.frixlaw.com/law-library/cases/9978948

## Case

- **Court:** District Court, C.D. California
- **Decided:** January 20, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

Case 8:21-cv-00974-JLS-JDE Document 29 Filed 01/20/22 Page 1 of 18 Page ID #:203

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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 SOUTHERN DIVISION
11
HELIO HEALTH, INC., Case No. : 8:21-CV-00974-JLS-JDE
12
Plaintiff, STIPULATED PROTECTIVE
13 ORDER
v.
14
HELIO HEALTH, INC.,
15
Defendant.
16

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19 Based on the Stipulation by and between Plaintiff Helio Health, Inc.
20 (“Plaintiff”) and Defendant Helio Health, Inc. (“Defendant”) (collectively, the
21 “Parties”), and for good cause shown, the Court finds and orders as follows:
22 1. PURPOSES AND LIMITATIONS
23 Discovery in this action is likely to involve production of confidential,
24 proprietary or private information for which special protection from public
25 disclosure and from use for any purpose other than pursuing this litigation may be
26 warranted. Accordingly, the parties hereby stipulate to and petition the Court to
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STIPULATED PROTECTIVE ORDER
Case 8:21-cv-00974-JLS-JDE Document 29 Filed 01/20/22 Page 2 of 18 Page ID #:204

1 enter the following Stipulated Protective Order. The parties acknowledge that this
2 Order does not confer blanket protections on all disclosures or responses to
3 discovery and that the protection it affords from public disclosure and use extends
4 only to the limited information or items that are entitled to confidential treatment
5 under the applicable legal principles.
6 2. GOOD CAUSE STATEMENT
7 Disclosure and discovery in this action are likely to involve confidential,
8 employment, medical, trade secrets, customer and pricing lists and other valuable
9 research, marketing plans and materials, strategical financial information, forecasts,
10 development, commercial, financial, technical and/or proprietary information for
11 which special protection from public disclosure and from use for any purpose other
12 than prosecution of this action is warranted. Such confidential and proprietary
13 materials and information consist of, among other things, confidential business or
14 financial information, information regarding confidential business practices, or other
15 confidential research, development, or commercial information (including
16 information implicating privacy rights of third parties), information otherwise
17 generally unavailable to the public, or which may be privileged or otherwise
18 protected from disclosure under state or federal statutes, court rules, case decisions,
19 or common law. The disclosure of such information may result in irreparable harm
20 to the Parties or third parties, including by revealing confidential strategic business
21 information to the public, including the parties’ competitors, and/or revealing
22 private, employment, medical, and/or trade secret information that is protected from
23 disclosure as a matter of law and/or by contract. Accordingly, to expedite the flow
24 of information, to facilitate the prompt resolution of disputes over confidentiality of
25 discovery materials, to adequately protect information the parties are entitled to keep
26 confidential, to ensure that the parties are permitted reasonable necessary uses of
27 such material in preparation for and in the conduct of trial, to address their handling
28 at the end of the litigation, and serve the ends of justice, a protective order for such
2
STIPULATED PROTECTIVE ORDER
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1 information is justified in this matter. It is the intent of the parties that information
2 will not be designated as confidential for tactical reasons and that nothing be so
3 designated without a good faith belief that it has been maintained in a confidential,
4 non-public manner, and there is good cause why it should not be part of the public
5 record of this case.
6 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
7 The parties further acknowledge, as set forth in Section 14.3, below, that this
8 Stipulated Protective Order does not entitle them to file confidential information
9 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
10 and the standards that will be applied when a party seeks permission from the court
11 to file material under seal. There is a strong presumption that the public has a right
12 of access to judicial proceedings and records in civil cases. In connection with non-
13 dispositive motions, good cause must be shown to support a filing under seal. See
14 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),
15 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-
16 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even
17 stipulated protective orders require good cause showing), and a specific showing of
18 good cause or compelling reasons with proper evidentiary support and legal
19 justification, must be made with respect to Protected Material that a party seeks to
20 file under seal. The parties’ mere designation of Disclosure or Discovery Material
21 as CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
22 ONLY does not— without the submission of competent evidence by declaration,
23 establishing that the material sought to be filed under seal qualifies as confidential,
24 privileged, or otherwise protectable—constitute 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
27 relief sought shall be narrowly tailored to serve the specific interest to be protected.
28 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For
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STIPULATED PROTECTIVE ORDER
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1 each item or type of information, document, or thing sought to be filed or introduced
2 under seal, the party seeking protection must articulate compelling reasons,
3 supported by specific facts and legal justification, for the requested sealing order.
4 Again, competent evidence supporting the application to file documents under seal
5 must be provided by declaration.
6 Any document that is not confidential, privileged, or otherwise protectable in
7 its entirety will not be filed under seal if the confidential portions can be redacted.
8 If documents can be redacted, then a redacted version for public viewing, omitting
9 only the confidential, privileged, or otherwise protectable portions of the document,
10 shall be filed. Any application that seeks to file documents under seal in their entirety
11 should include an explanation of why redaction is not feasible.
12 4. DEFINITIONS
13 4.1 Action: this pending federal lawsuit, with a Case Number 8:21-cv-
14 00974-JLS (JDEx).
15 4.2 Challenging Party: a Party or Non-Party that challenges the designation
16 of information or items under this Order.
17 4.3 “CONFIDENTIAL” Information or Items: information (regardless of
18 how it is generated, stored or maintained) or tangible things that qualify for
19 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
20 the Good Cause Statement.
21 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as
22 their support staff).
23 4.5 Designating Party: a Party or Non-Party that designates information or
24 items that it produces in disclosures or in responses to discovery as
25 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
26 ONLY.”
27 4.6 Disclosure or Discovery Material: all items or information, regardless
28 of the medium or manner in which it is generated, stored, or maintained (including,
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STIPULATED PROTECTIVE ORDER
Case 8:21-cv-00974-JLS-JDE Document 29 Filed 01/20/22 Page 5 of 18 Page ID #:207

1 among other things, testimony, transcripts, and tangible things), that are produced or
2 generated in disclosures or responses to discovery.
3 4.7 Expert: a person with specialized knowledge or experience in a matter
4 pertinent to the litigation who has been retained by a Party or its counsel to serve as
5 an expert witness or as a consultant in this Action.
6 4.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
7 Information or Items: information designated as “HIGHLY CONFIDENTIAL —
8 ATTORNEYS’ EYES ONLY” (regardless of how it is generated, stored or
9 maintained) shall mean and include extremely sensitive “Confidential Information
10 or Items,” disclosure of which to another Party or Non-Party would create a
11 substantial risk of harm that could not be avoided by less restrictive means. This
12 type of information and items include, for example, trade secret information,
13 prospective marketing plans and financial projections, or other highly sensitive
14 information that can cause a direct damage to the party if such information were to
15 be disclosed.
16 4.9 House Counsel: attorneys who are employees of a party to this Action.
17 House Counsel does not include Outside Counsel of Record or any other outside
18 counsel.
19 4.10 Non-Party: any natural person, partnership, corporation, association or
20 other legal entity not named as a Party to this action.
21 4.11 Outside Counsel of Record: attorneys who are not employees of a party
22 to this Action but are retained to represent a party to this Action and have appeared
23 in this Action on behalf of that party or are affiliated with a law firm that has
24 appeared on behalf of that party, and includes support staff.
25 4.12 Party: any party to this Action, including all of its officers, directors,
26 employees, consultants, retained experts, and Outside Counsel of Record (and their
27 support staffs).
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STIPULATED PROTECTIVE ORDER
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1 4.13 Producing Party: a Party or Non-Party that produces Disclosure or
2 Discovery Material in this Action.
3 4.14 Professional Vendors: persons or entities that provide litigation support
4 services (e.g., photocopying, videotaping, translating, preparing exhibits or
5 demonstrations, and organizing, storing, or retrieving data in any form or medium)
6 and their employees and subcontractors.
7 4.15 Protected Material: any Disclosure or Discovery Material that is
8 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
9 ATTORNEYS’ EYES ONLY.”
10 4.16 Receiving Party: a Party that receives Disclosure or Discovery
11 Material from a Producing Party.
12 5. SCOPE
13 The protections conferred by this Stipulation and Order cover not only
14 Protected Material (as defined above), but also (1) any information copied or
15 extracted from Protected Material; (2) all copies, excerpts, summaries, or
16 compilations of Protected Material; and (3) any testimony, conversations, or
17 presentations by Parties or their Counsel that might reveal Protected Material.
18 Any use of Protected Material at trial shall be governed by the orders of the
19 trial judge and other applicable authorities. This Order does not govern the use of
20 Protected Material at trial.
21 6. DURATION
22 Even after final disposition of this litigation, the confidentiality obligations
23 imposed by this Order shall remain in effect until a Designating Party agrees
24 otherwise in writing or a court order otherwise directs. Final disposition shall be
25 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
26 or without prejudice; or (2) final judgment herein after the completion and
27 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
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STIPULATED PROTECTIVE ORDER
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1 including the time limits for filing any motions or applications for extension of time
2 pursuant to applicable law.
3 7. DESIGNATING PROTECTED MATERIAL
4 7.1 Exercise of Restraint and Care in Designating Material for Protection:
5 Each Party or Non-Party that designates information or items for protection under
6 this Order must take care to limit any such designation to specific material that
7 qualifies under the appropriate standards. The Designating Party must designate for
8 protection only those parts of material, documents, items or oral or written
9 communications that qualify so that other portions of the material, documents, items
10 or communications for which protection is not warranted are not swept unjustifiably
11 within the ambit of this Order.
12 Mass, indiscriminate or routinized designations are prohibited. Designations
13 that are shown to be clearly unjustified or that have been made for an improper
14 purpose (e.g., to unnecessarily encumber the case development process or to impose
15 unnecessary expenses and burdens on other parties) may expose the Designating
16 Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it
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designated for protection do not qualify for protection, that Designating Party must
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promptly notify all other Parties that it is withdrawing the inapplicable designation.
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7.2 Manner and Timing of Designations. Except as otherwise provided in
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this Order (see, e.g., second paragraph of section 7.2(b) below), or as otherwise
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stipulated or ordered, Disclosure of Discovery Material that qualifies for protection
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under this Order must be clearly so designated before the material is disclosed or
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produced.
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25 Designation in conformity with this Order requires:
26 (a) for information in documentary form (e.g., paper or electronic
27 documents, but excluding transcripts of depositions or other pretrial or trial
28 proceedings), that the Producing Party affix at a minimum, the legend
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STIPULATED PROTECTIVE ORDER
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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
1
ONLY,” to each page that contains protected material. If only a portion of the
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material on a page qualifies for protection, the Producing Party also must clearly
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identify the protected portion(s) (e.g., by making appropriate markings in the
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margins).
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6 A Party or Non-Party that makes original documents available for inspection
7 need not designate them for protection until after the inspecting Party has indicated
8 which documents it would like copied and produced. During the inspection and
9 before the designation, all of the material made available for inspection shall be
10 deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the
11 inspecting Party has identified the documents it wants copied and produced, the
12 Producing Party must determine which documents, or portions thereof, qualify for
13 protection under this Order. Then, before producing the specified documents, the
14 Producing Party must affix the appropriate legend (“CONFIDENTIAL” or
15 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY”) to each page that
16 contains Protected Material. If only a portion of the material on a page qualifies for
17 protection, the Producing Party also must clearly identify the protected portion(s)
18 (e.g., by making appropriate markings in the margins).
19 (b) for testimony given in depositions or in other pretrial or trial
20 proceedings, that the Designating Party identify on the record, before the close of
21 the deposition, hearing, or other proceeding, all protected testimony and specify the
22 level of protection being asserted. When it is impractical to identify separately each
23 portion of testimony that is entitled to protection or it appears that substantial
24 portions of the testimony may qualify for protection, the Designating Party may
25 invoke on the record (before the deposition, hearing, or other proceeding is
26 concluded) a right to have up to 30 days from the date the transcript is received by
27 counsel for the Designating Party to identify the specific portions of the testimony
28 as to which protection is sought and to specify the level of protection being asserted.
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STIPULATED PROTECTIVE ORDER
Case 8:21-cv-00974-JLS-JDE Document 29 Filed 01/20/22 Page 9 of 18 Page ID #:211

1 Only those portions of the testimony that are appropriately designated for protection
2 within the 30 days from the date the transcript is received by counsel for the
3 Designating Party shall be covered by the provisions of this Stipulated Protective
4 Order. Alternatively, a Designating Party may specify, at the deposition or up to 30
5 days from the date the transcript is received by counsel for the Designating Party if
6 that period is properly invoked, that the entire transcript shall be treated as
7 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
8 ONLY.”
9 Parties shall give the other parties notice if they reasonably expect a
10 deposition, hearing or other proceeding to include Protected Material so that the
11 other parties can ensure that only authorized individuals who have signed the
12 “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those
13 proceedings. The use of a document as an exhibit at a deposition shall not in any
14 way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
15 – ATTORNEYS’ EYES ONLY.”
16 Transcripts containing Protected Material shall have an obvious legend on the
17 title page that the transcript contains Protected Material, and the title page shall be
18 followed by a list of all pages (including line numbers as appropriate) that have been
19 designated as Protected Material and the level of protection being asserted by the
20 Designating Party. The Designating Party shall inform the court reporter of these
21 requirements. Any transcript that is prepared before the expiration of a 30-day
22 period for designation shall be treated during that period as if it had been designated
23 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless
24 otherwise agreed. After the expiration of that period, the transcript shall be treated
25 only as actually designated.
26 (c) for information produced in some form other than documentary and
27 for any other tangible items, that the Producing Party affix in a prominent place on
28 the exterior of the container or containers in which the information is stored the
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STIPULATED PROTECTIVE ORDER
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1 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES
2 ONLY.” If only a portion or portions of the information warrants protection, the
3 Producing Party, to the extent practicable, shall identify the protected portion(s).
4 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
5 failure to designate qualified information or items does not, standing alone, waive
6 the Designating Party’s right to secure protection under this Order for such material.
7 Upon timely correction of a designation, the Receiving Party must make reasonable
8 efforts to assure that the material is treated in accordance with the provisions of this
9 Order.
10 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
11 8.1. Timing of Challenges: Any Party or Non-Party may challenge a
12 designation of confidentiality at any time that is consistent with the Court’s
13 Scheduling Order.
14 8.2 Meet and Confer: The Challenging Party shall initiate the dispute
15 resolution process under Local Rule 37-1, et seq. and proceed according to those
16 Local Rules for discovery disputes.
17 8.3 Joint Stipulation: Any challenge submitted to the Court shall be via a
18 joint stipulation pursuant to Local Rule 37-2.
19 8.4 Burden of Persuasion: The burden of persuasion in any such challenge
20 proceeding shall be on the Designating Party. Frivolous challenges, and those made
21 for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens
22 on other parties) may expose the Challenging Party to sanctions. Unless the
23 Designating Party has waived or withdrawn the confidentiality designation, all
24 parties shall continue to afford the material in question the level of protection to
25 which it is entitled under the Producing Party’s designation until the Court rules on
26 the challenge.
27 / / /
28 / / /
10
STIPULATED PROTECTIVE ORDER
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1 9. ACCESS TO AND USE OF PROTECTED MATERIAL
2 9.1 Basic Principles: A Receiving Party may use Protected Material that is
3 disclosed or produced by another Party or by a Non-Party in connection with this
4 Action only for prosecuting, defending or attempting to settle this Action. Such
5 Protected Material may be disclosed only to the categories of persons and under the
6 conditions described in this Order. When the Action has been terminated, a
7 Receiving Party must comply with the provisions of section 15 below (FINAL
8 DISPOSITION).
9 Protected Material must be stored and maintained by a Receiving Party at a
10 location and in a secure manner that ensures that access is limited to the persons
11 authorized under this Order.
12 9.2 Disclosure of “CONFIDENTIAL” Information or Items: Unless
13 otherwise ordered by the court or permitted in writing by the Designating Party, a
14 Receiving Party may disclose any information or item designated
15 “CONFIDENTIAL” only to:
(a) the Receiving Party’s Outside Counsel of Record in this Action,
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as well as employees of said Outside Counsel of Record to whom it is reasonably
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necessary to disclose the information for this Action;
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(b) the officers, directors, and employees (including House Counsel)
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of the Receiving Party to whom disclosure is reasonably necessary for this Action;
20
(c) Experts (as defined in this Order) of the Receiving Party to whom
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disclosure is reasonably necessary for this Action and who have signed the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A);
23
24 (d) the court and its personnel;
25 (e) court reporters and their staff who have signed the
26 “Acknowledgement and Agreement to Be Bound” (Exhibit A);
27 (f) professional jury or trial consultants, mock jurors, and
28 Professional Vendors to whom disclosure is reasonably necessary for this Action
11
STIPULATED PROTECTIVE ORDER
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1 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
2 A);
3 (g) the author or recipient of a document containing the information
4 or a custodian or other person who otherwise possessed or knew the information;
5 (h) during their depositions, witnesses, and attorneys for witnesses,
6 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing
7 party requests that the witness sign the “Acknowledgment and Agreement to Be
8 Bound” (Exhibit A); and (2) they will not be permitted to keep any confidential
9 information unless they sign the “Acknowledgment and Agreement to Be Bound”
10 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the
11 court. Pages of transcribed deposition testimony or exhibits to depositions that
12 reveal Protected Material may be separately bound by the court reporter and may not
13 be disclosed to anyone except as permitted under this Stipulated Protective Order;
14 and
15 (i) any mediators or settlement officers and their supporting personnel,
16 mutually agreed upon by any of the parties engaged in settlement discussions.
17 9.3 Disclosure of “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
18 ONLY” Information or Items: Unless otherwise ordered by the court or permitted
19 in writing by the Designating Party, a Receiving Party may disclose any information
20 or item designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY”
21 only to:
22 (a) the Receiving Party’s Outside Counsel of Record in this Action,
23 as well as employees of said Outside Counsel of Record to whom it is reasonably
24 necessary to disclose the information for this Action;
25 (b) Experts (as defined in this Order) of the Receiving Party to whom
26 disclosure is reasonably necessary for this Action and who have signed the
27 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
28 (c) the court and its personnel;
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STIPULATED PROTECTIVE ORDER
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1 (d) court reporters and their staff who have signed the
2 “Acknowledgement and Agreement to Be Bound” (Exhibit A);
3 (e) professional jury or trial consultants, mock jurors, and
4 Professional Vendors to whom disclosure is reasonably necessary for this Action
5 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
6 A);
7 (f) any mediator or settlement officer, and their supporting
8 personnel, mutually agreed upon by any of the parties engaged in settlement
9 discussions.
10 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
11 PRODUCED IN OTHER LITIGATION
12 If a Party is served with a subpoena or a court order issued in other litigation
13 that compels disclosure of any information or items designated in this Action as
14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
15 ONLY,” that Party must:
16 (a) promptly notify in writing the Designating Party. Such notification
17 shall include a copy of the subpoena or court order;
18 (b) promptly notify in writing the party who caused the subpoena or order
19 to issue in the other litigation that some or all of the material covered by the subpoena
20 or order is subject to this Protective Order. Such notification shall include a copy of
21 this Stipulated Protective Order; and
22 (c) cooperate with respect to all reasonable procedures sought to be
23 pursued by the Designating Party whose Protected Material may be affected. If the
24 Designating Party timely seeks a protective order, the Party served with the
25 subpoena or court order shall not produce any information designated in this action
26 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES
27 ONLY” before a determination by the court from which the subpoena or order
28 issued, unless the Party has obtained the Designating Party’s permission. The
13
STIPULATED PROTECTIVE ORDER
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1 Designating Party shall bear the burden and expense of seeking protection in that
2 court of its confidential material and nothing in these provisions should be construed
3 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful
4 directive from another court.
5 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
6 PRODUCED IN THIS LITIGATION
7 (a) The terms of this Order are applicable to information produced by a
8 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
9 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by
10 Non-Parties in connection with this litigation is protected by the remedies and relief
11 provided by this Order. Nothing in these provisions should be construed as
12 prohibiting a Non-Party from seeking additional protections.
13 (b) In the event that a Party is required, by a valid discovery request, to
14 produce a Non-Party’s confidential information in its possession, and the Party is
15 subject to an agreement with the Non-Party not to produce the Non-Party’s
16 confidential information, then the Party shall:
17 (1) promptly notify in writing the Requesting Party and the Non-
18 Party that some or all of the information requested is subject to a confidentiality
19 agreement with a Non-Party;
20 (2) promptly provide the Non-Party with a copy of the Stipulated
21 Protective Order in this Action, the relevant discovery request(s), and a reasonably
22 specific description of the information requested; and
23 (3) make the information requested available for inspection by the
24 Non-Party, if requested.
25 (c) If the Non-Party fails to seek a protective order from this court within
26 14 days of receiving the notice and accompanying information, the Receiving Party
27 may produce the Non-Party’s confidential information responsive to the discovery
28 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
14
STIPULATED PROTECTIVE ORDER
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1 not produce any information in its possession or control that is subject to the
2 confidentiality agreement with the Non-Party before a determination by the court.
3 Absent a court order to the contrary, the Non-Party shall bear the burden and expense
4 of seeking protection in this court of its Protected Material.
5 12. 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
9 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
10 to retrieve all unauthorized copies of the Protected Material, (c) inform the person
11 or persons to whom unauthorized disclosures were made of all the terms of this
12 Order, and (d) request such person or persons to execute the “Acknowledgment an
13 Agreement to Be Bound” attached hereto as Exhibit A.
14 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
15 PROTECTED MATERIAL
16 When a Producing Party gives notice to Receiving Parties that certain
17 inadvertently produced material is subject to a claim of privilege or other protection,
18 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil\
19 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
20 may be established in an e-discovery order that provides for production without prior
21 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as
22 the parties reach an agreement on the effect of disclosure of a communication or
23 information covered by the attorney-client privilege or work product protection, the
24 parties may incorporate their agreement in the stipulated protective order submitted
25 to the court.
26 14. MISCELLANEOUS
27 14.1 Right to Further Relief: Nothing in this Order abridges the right of any
28 person to seek its modification by the Court in the future.
15
STIPULATED PROTECTIVE ORDER
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1 14.2 Right to Assert Other Objections: By stipulating to the entry of this
2 Protective Order, no Party waives any right it otherwise would have to object to
3 disclosing or producing any information or item on any ground not addressed in this
4 Stipulated Protective Order. Similarly, no Party waives any right to object on any
5 ground to use in evidence of any of the material covered by this Protective Order.
14.3 Filing Protected Material: A Party that seeks to file under seal any
6
Protected Material must comply with Local Civil Rule 79-5. Protected Material may
7
only be filed under seal pursuant to a court order authorizing the sealing of the
8
specific Protected Material. If a Party’s request to file Protected Material under seal
9
is denied by the court, then the Receiving Party may file the information in the public
10
record unless otherwise instructed by the court.
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12 15. FINAL DISPOSITION
13 After the final disposition of this Action, as defined in paragraph 6, within 60
14 days of a written request by the Designating Party, each Receiving Party must return
15 all Protected Material to the Producing Party or destroy such material. As used in
16 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
17 summaries, and any other format reproducing or capturing any of the Protected
18 Material. Whether the Protected Material is returned or destroyed, the Receiving
19 Party must submit a written certification to the Producing Party (and, if not the same
20 person or entity, to the Designating Party) by the 60-day deadline that (1) identifies
21 (by category, where appropriate) all the Protected Material that was returned or
22 destroyed and (2) affirms that the Receiving Party has not retained any copies,
23 abstracts, compilations, summaries or any other format reproducing or capturing any
24 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
25 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
26 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
27 reports, attorney work product, and consultant and expert work product, even if such
28 materials contain Protected Material. Any such archival copies that contain or
16
STIPULATED PROTECTIVE ORDER
se 8:21-cv-00974-JLS-JDE Document 29 Filed 01/20/22 Page17of18 Page ID #:219

1 || constitute Protected Material remain subject to this Protective Order as set forth in
2 ||Section 6 (DURATION).
3 1/16. VIOLATION
4 Any violation of this Order may be punished by appropriate measures
5 □□ including, without limitation, contempt proceedings and/or monetary sanctions.
7 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
8 DATED: January 20, 2022 Le
10 vk
1 ited States Magistrate Judge
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NT
STIPULATED PROTECTIVE ORDER

Case 8:21-cv-00974-JLS-JDE Document 29 Filed 01/20/22 Page 18 of 18 Page ID #:220

1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, ___________________________ [print or type full name], of
4 _________________________ [print or type full address], declare under penalty of
5 perjury that I have read in its entirety and understand the Stipulated Protective Order
6 that was issued by the United States District Court for the Central District of
7 California on January 20, 2022, in the case of Helio Health, Inc. v. Helio Health,
8 Inc.., Case No. 8:21-CV-00974-JLS (JDEx). I agree to comply with and to be bound
9 by all the terms of this Stipulated Protective Order and I understand and
10 acknowledge that failure to so comply could expose me to sanctions and punishment
11 in the nature of contempt. I solemnly promise that I will not disclose in any manner
12 any information or item that is subject to this Stipulated Protective Order to any
13 person or entity except in strict compliance with the provisions of this Order.
14 I further agree to submit to the jurisdiction of the United States District Court
15 for the Central District of California for the purpose of enforcing the terms of this
16 Stipulated Protective Order, even if such enforcement proceedings occur after
17 termination of this action. I hereby appoint ___________________________[print
18 or type full name] of ____________________________________________ [print
19 or type full address and telephone number] as my California agent for service of
20 process in connection with this action or any proceedings related to enforcement of
21 this Stipulated Protective Order.
22 Date: ________________________
23 City and State where sworn and signed: _____________________________
24 Printed name: ___________________________________
25
26 Signature: ________________________________
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28 18
EXHIBIT A

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9978948. Public record. Not legal advice.