# Gene Pool Technologies, Inc. v. Coastal Harvest, LLC > District Court, C.D. California · February 7, 2022 URL: https://www.frixlaw.com/law-library/cases/9979095 ## Case - **Court:** District Court, C.D. California - **Decided:** February 7, 2022 - **Opinion:** 100trialcourt - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9979095 ## Opinion text Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 1 of 15 Page ID #:381 1 SPEARHEAD LEGAL LLP Ryan R. Owens (Bar No. 269370) 2 ryan.owens@spearheadlegal.com Kristopher M. Dawes (Bar No. 261170) 3 kris.dawes@spearheadlegal.com Andrew J. Fossum (Bar No. 250373) 4 andrew.fossum@spearheadlegal.com 620 Newport Center Dr., Suite 1100 5 Newport Beach, CA 92660 Telephone: (949) 409-8401 6 Facsimile: (949) 336-3830 7 Attorneys for Plaintiff, GENE POOL TECHNOLOGIES, INC. 8 [Counsel for Defendant listed on next page] 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION 11 GENE POOL TECHNOLOGIES, Case No. 5:21-cv-01328-JWH(SHKx) 12 INC., 13 Plaintiff, [PROPOSED] STIPULATED 14 v. PROTECTIVE ORDER 15 COASTAL HARVEST, LLC, 16 Defendant. 17 COASTAL HARVEST, LLC 18 Counterclaimant, 19 v. 20 GENE POOL TECHNOLOGIES, 21 INC., 22 Counterdefendant. 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 2 of 15 Page ID #:382 1 Timothy L. Alger (SBN 160303) 2 tim@emergelawgroup.com EMERGE LAW GROUP 3 100 Spectrum Center Drive, Suite 900 Irvine, CA 92618 4 Tel: 949-936-2610 5 Cole Mackey (pro hac vice) cole@mackey.legal 6 MACKEY LAW FIRM PLLC 9525 Katy Freeway, Suite 260 7 Houston, TX 77024 Tel: 346.954.8287 8 Attorneys for Defendant, 9 COASTAL HARVEST, LLC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 3 of 15 Page ID #:383 1 1. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, proprietary, or 3 private information for which special protection from public disclosure and from use for any 4 purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby 5 stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties 6 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 7 discovery and that the protection it affords from public disclosure and use extends only to the 8 limited information or items that are entitled to confidential treatment under the applicable legal 9 principles. The parties further acknowledge, as set forth in Section 13.3, below, that this 10 Stipulated Protective Order does not entitle them to file confidential information under seal; Civil 11 Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be 12 applied when a party seeks permission from the Court to file material under seal. 13 2. GOOD CAUSE STATEMENT 14 This action is likely to involve trade secrets, customer and pricing lists and other valuable 15 research, development, commercial, financial, technical and/or proprietary information for which 16 special protection from public disclosure and from use for any purpose other than prosecution of 17 this action is warranted. Such confidential and proprietary materials and information consist of, 18 among other things, confidential business or financial information, information regarding 19 confidential business practices, or other confidential research, development, or commercial 20 information (including information implicating privacy rights of third parties), information 21 otherwise generally unavailable to the public, or which may be privileged or otherwise protected 22 from disclosure under state or federal statutes, court rules, case decisions, or common law. 23 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes 24 over confidentiality of discovery materials, to adequately protect information the parties are 25 entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of 26 such material in preparation for and in the conduct of trial, to address their handling at the end of 27 the litigation, and serve the ends of justice, a protective order for such information is justified in 28 this matter. It is the intent of the parties that information will not be designated as confidential for - 1 - Case No. 5:21-cv-01328-JWH(SHKx) STIPULATED PROTECTIVE ORDER Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 4 of 15 Page ID #:384 1 tactical reasons and that nothing be so designated without a good faith belief that it has been 2 maintained in a confidential, non-public manner, and there is good cause why it should not be 3 part of the public record of this case. 4 3. DEFINITIONS 5 3.1. Action: Gene Pool Technologies, Inc. v. Coastal Harvest, LLC, Case No. 5:21-cv-01328- 6 JWH(SHKx) and its consolidated action Gene Pool Technologies, Inc. v. ANM, Inc., Case No. 7 2:21-cv-08756-JWH(SHKx). 8 3.2. Challenging Party: A Party or Non-Party that challenges the designation of information or 9 items under this Order. 10 3.3. “CONFIDENTIAL” Information or Items: Information (regardless of how it is generated, 11 stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil 12 Procedure 26(c), and as specified above in the Good Cause Statement. 13 3.4. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items: 14 Extremely sensitive “CONFIDENTIAL” In formation or Items, disclosure of which to another 15 Party or Non-Party would create a substantial risk of serious harm that could not be avoided by 16 less restrictive means. 17 3.5. Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 18 3.6. Designating Party: A Party or Non-Party that designates information or items that it 19 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY 20 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 21 3.7. Disclosure or Discovery Material: All items or information, regardless of the medium or 22 manner in which it is generated, stored, or maintained (including, among other things, testimony, 23 transcripts, and tangible things), that are produced or generated in disclosures or responses to 24 discovery in this matter. 25 3.8. Expert: A person with specialized knowledge or experience in a matter pertinent to the 26 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 27 consultant in this Action. 28 3.9. House Counsel: Attorneys who are employees of a party to this Action. House Counsel - 2 - Case No. 5:21-cv-01328-JWH(SHKx) STIPULATED PROTECTIVE ORDER Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 5 of 15 Page ID #:385 1 does not include Outside Counsel of Record or any other outside counsel. 2 3.10. Non-Party: Any natural person, partnership, corporation, association, or other legal entity 3 not named as a Party to this action. 4 3.11. Outside Counsel of Record: Attorneys who are not employees of a party to this Action 5 but are retained to represent or advise a party to this Action and have appeared in this Action on 6 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party, 7 and includes support staff. 8 3.12. Party: Any party to this Action, including all of its officers, directors, employees, 9 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 10 3.13. Producing Party: A Party or Non-Party that produces Disclosure or Discovery Material in 11 this Action. 12 3.14. Professional Vendors: Persons or entities that provide litigation support services (e.g., 13 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 14 storing, or retrieving data in any form or me dium) and their employees and subcontractors. 15 3.15. Protected Material: Any Disclosure or Discovery Material that is designated as 16 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 17 3.16. Receiving Party: A Party that receives Disclosure or Discovery Material from a 18 Producing Party. 19 4. SCOPE 20 4.1. The protections conferred by this Stipulation and Order cover not only Protected Material 21 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 22 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 23 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 24 4.2. Any use of Protected Material at trial shall be governed by the orders of the trial judge. 25 This Order does not govern the use of Protected Material at trial. 26 5. DURATION 27 Once a case proceeds to trial, absent a contrary order by the trial judge, Protected Material 28 that was used or introduced as an exhibit at trial becomes public and will be presumptively - 3 - Case No. 5:21-cv-01328-JWH(SHKx) STIPULATED PROTECTIVE ORDER Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 6 of 15 Page ID #:386 1 available to all members of the public, including the press, unless compelling reasons supported 2 by specific factual findings to proceed otherwise are made to the trial judge in advance of the 3 trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing "good cause" showing for sealing 4 documents produced in discovery from "compelling reasons" standard when merits-related 5 documents are part of court record). 6 For Protected Material not used at trial, after final disposition of this litigation, subject to 7 Section 14, below, the confidentiality obligations imposed by this Order shall remain in effect 8 until a Designating Party agrees otherwise in writing or a court order otherwise directs. Even after 9 final disposition of this litigation, the confidentiality obligations imposed by this Order shall 10 remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise 11 directs. Final disposition shall be deemed to be the later of: (1) dismissal of all claims and 12 defenses in this action, with or without prejudice; and (2) final judgment herein after the 13 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 14 including the time limits for filing any moti ons or applications for extension of time pursuant to 15 applicable law. 16 6. DESIGNATING PROTECTED MATERIAL 17 6.1. Exercise of Restraint and Care in Designating Material for Protection. Each Party or 18 Non-Party that designates information or items for protection under this Order must take care to 19 limit any such designation to specific material that qualifies under the appropriate standards. The 20 Designating Party must designate for protection only those parts of material, documents, items, or 21 oral or written communications that qualify so that other portions of the material, documents, 22 items, or communications for which protection is not warranted are not swept unjustifiably within 23 the ambit of this Order. Mass, indiscriminate, or routinized designations are prohibited. 24 Designations that are shown to be clearly unjustified or that have been made for an improper 25 purpose (e.g., to unnecessarily encumber the case development process or to impose unnecessary 26 expenses and burdens on other parties) may expose the Designating Party to sanctions. If it comes 27 to a Designating Party’s attention that information or items that it designated for protection do not 28 qualify for protection, that Designating Party must promptly notify all other Parties that it is - 4 - Case No. 5:21-cv-01328-JWH(SHKx) STIPULATED PROTECTIVE ORDER Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 7 of 15 Page ID #:387 1 withdrawing the inapplicable designation. 2 6.2. Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., 3 Section 6.3 below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that 4 qualifies for protection under this Order must be clearly so designated before the material is 5 disclosed or produced. 6 Designation in conformity with this Order requires the following: 7 (a) For information in documentary form (e.g., paper or electronic documents, but 8 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 9 Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL 10 legend”) or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend (hereinafter 11 “HIGHLY CONFIDENTIAL legend”), to each page that contains protected material. If only a 12 portion or portions of the material on a page qualifies for protection, the Producing Party also 13 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 14 margins). 15 (b) A Party or Non-Party that makes original documents available for inspection need not 16 designate them for protection until after the inspecting Party has indicated which documents it 17 would like copied and produced. During the inspection and before the designation, all of the 18 material made available for inspection shall be deemed “CONFIDENTIAL” or, by notice given 19 before the inspection, “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the 20 inspecting Party has identified the documents it wants copied and produced, the Producing Party 21 must determine which documents, or portions thereof, qualify for protection under this Order. 22 Then, before producing the specified documents, the Producing Party must affix the 23 “CONFIDENTIAL legend” or “HIGHLY CONFIDENTIAL legend” to each page that contains 24 Protected Material. If only a portion or portions of the material on a page qualifies for protection, 25 the Producing Party also must clearly identify the protected portion(s) (e.g., by making 26 appropriate markings in the margins). 27 (c) For testimony given in depositions, that the Designating Party identify the Disclosure 28 or Discovery Material on the record, before the close of the deposition all protected testimony. - 5 - Case No. 5:21-cv-01328-JWH(SHKx) STIPULATED PROTECTIVE ORDER Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 8 of 15 Page ID #:388 1 (d) For information produced in form other than document and for any other tangible 2 items, that the Producing Party affix in a prominent place on the exterior of the container or 3 containers in which the information is stored the “CONFIDENTIAL legend” or “HIGHLY 4 CONFIDENTIAL legend.” If only a portion or portions of the information warrants protection, 5 the Producing Party, to the extent practicable, shall identify the protected portion(s). 6 6.3. Inadvertent Failure to Designate. If timely corrected, an inadvertent failure to designate 7 qualified information or items does not, standing alone, waive the Designating Party’s right to 8 secure protection under this Order for such material. Upon timely correction of a designation, the 9 Receiving Party must make reasonable efforts to assure that the material is treated in accordance 10 with the provisions of this Order. 11 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 12 7.1. Timing of Challenges. Any party or Non-Party may challenge a designation of 13 confidentiality at any time that is consistent with the Court’s Scheduling Order. 14 7.2. Meet and Confer. The Challenging P arty shall initiate the dispute resolution process under 15 Local Rule 37.1 et seq. 16 7.3. Judicial Intervention. Any challenge submitted to the Court shall be via a joint stipulation 17 pursuant to Local Rule 37-2.The burden of persuasion in any such challenge proceeding shall be 18 on the Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to 19 harass or impose unnecessary expenses and burdens on other parties) may expose the Challenging 20 Party to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality 21 designation, all parties shall continue to afford the material in question the level of protection to 22 which it is entitled under the Producing Party’s designation until the Court rules on the challenge. 23 8. ACCESS TO AND USE OF PROTECTED MATERIAL 24 8.1. Basic Principles. A Receiving Party may use Protected Material that is disclosed or 25 produced by another Party or by a Non-Party in connection with this Action only for prosecuting, 26 defending, or attempting to settle this Action. Such Protected Material may be disclosed only to 27 the categories of persons and under the conditions described in this Order. When the Action has 28 been terminated, a Receiving Party must comply with the provisions of Section XIV below. - 6 - Case No. 5:21-cv-01328-JWH(SHKx) STIPULATED PROTECTIVE ORDER Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 9 of 15 Page ID #:389 1 Protected Material must be stored and maintained by a Receiving Party at a location and in a 2 secure manner that ensures that access is limited to the persons authorized under this Order. 3 8.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the 4 Court or permitted in writing by the Designating Party, a Receiving Party may disclose any 5 information or item designated “CONFIDENTIAL” only to: 6 (a) The Receiving Party’s Outside Counsel of Record in this Action, as well as employees 7 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 8 for this Action; 9 (b) The officers, directors, and employees (including House Counsel) of the Receiving 10 Party to whom disclosure is reasonably necessary for this Action; 11 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 12 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement 13 to Be Bound” (Exhibit A); 14 (d) The Court and its personnel; 15 (e) Court reporters and their staff; 16 (f) Professional jury or trial consultants, mock jurors, and Professional Vendors to whom 17 disclosure is reasonably necessary or this Action and who have signed the “Acknowledgment and 18 Agreement to be Bound” attached as Exhibit A hereto; 19 (g) The author or recipient of a document containing the information or a custodian or 20 other person who otherwise possessed or knew the information; 21 (h) During their depositions, witnesses, and attorneys for witnesses, in the Action to 22 whom disclosure is reasonably necessary provided: (i) the deposing party requests that the 23 witness sign the “Acknowledgment and Agreement to Be Bound;” and (ii) they will not be 24 permitted to keep any confidential information unless they sign the “Acknowledgment and 25 Agreement to Be Bound,” unless otherwise agreed by the Designating Party or ordered by the 26 Court. Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected 27 Material may be separately bound by the court reporter and may not be disclosed to anyone 28 except as permitted under this Stipulated Protective Order; and - 7 - Case No. 5:21-cv-01328-JWH(SHKx) STIPULATED PROTECTIVE ORDER Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 10 of 15 Page ID #:390 1 (i) Any mediator or settlement officer, and their supporting personnel, mutually agreed 2 upon by any of the parties engaged in settlement discussions. 3 8.3. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information 4 or Items. Unless otherwise ordered by the Court or permitted in writing by the Designating Party, 5 a Receiving Party may disclose any information or item designated “HIGHLY CONFIDENTIAL 6 – ATTORNEYS’ EYES ONLY” only to: 7 (a) The Receiving Party’s Outside Counsel of Record in this Action, as well as employees 8 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 9 for this Action; 10 (B) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 11 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement 12 to Be Bound” (Exhibit A); 13 (d) The Court and its personnel; 14 (e) Court reporters and their staff; 15 (f) Professional jury or trial consultants, mock jurors, and Professional Vendors to whom 16 disclosure is reasonably necessary or this Action and who have signed the “Acknowledgment and 17 Agreement to be Bound” attached as Exhibit A hereto; 18 (g) The author or recipient of a document containing the information or a custodian or 19 other person who otherwise possessed or knew the information; 20 (i) Any mediator or settlement officer, and their supporting personnel, mutually agreed 21 upon by any of the parties engaged in settlement discussions. 22 9. PROTECTED MATERIAL SUPOENAED OR ORDERED PRODUCED IN OTHER 23 LITIGATION 24 If a Party is served with a subpoena or a court order issued in other litigation that compels 25 disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that 26 Party must: 27 (a) Promptly notify in writing the Designating Party. Such notification shall include a 28 copy of the subpoena or court order; - 8 - Case No. 5:21-cv-01328-JWH(SHKx) STIPULATED PROTECTIVE ORDER Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 11 of 15 Page ID #:391 1 (b) Promptly notify in writing the party who caused the subpoena or order to issue in the 2 other litigation that some or all of the material covered by the subpoena or order is subject to this 3 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 4 (c) Cooperate with respect to all reasonable procedures sought to be pursued by the 5 Designating Party whose Protected Material may be affected. 6 If the Designating Party timely seeks a protective order, the Party served with the 7 subpoena or court order shall not produce any information designated in this action as 8 “CONFIDENTIAL” before a determination by the Court from which the subpoena or order 9 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 10 shall bear the burden and expense of seeking protection in that court of its confidential material 11 and nothing in these provisions should be construed as authorizing or encouraging a Receiving 12 Party in this Action to disobey a lawful directive from another court. 13 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 14 THIS LITIGATION 15 The terms of this Order are applicable to information produced by a Non-Party in this 16 Action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 17 EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is 18 protected by the remedies and relief provided by this Order. Nothing in these provisions should 19 be construed as prohibiting a Non-Party from seeking additional protections. 20 In the event that a Party is required, by a valid discovery request, to produce a Non- 21 Party’s confidential information in its possession, and the Party is subject to an agreement with 22 the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 23 (a) Promptly notify in writing the Requesting Party and the Non-Party that some or all of 24 the information requested is subject to a confidentiality agreement with a Non-Party; 25 (b) Promptly provide the Non-Party with a copy of the Stipulated Protective Order in this 26 Action, the relevant discovery request(s), and a reasonably specific description of the information 27 requested; and 28 - 9 - Case No. 5:21-cv-01328-JWH(SHKx) STIPULATED PROTECTIVE ORDER Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 12 of 15 Page ID #:392 1 (c) Make the information requested available for inspection by the Non-Party, if 2 requested. 3 If the Non-Party fails to seek a protective order from this court within 14 days of receiving 4 the notice and accompanying information, the Receiving Party may produce the Non-Party’s 5 confidential information responsive to the discovery request. If the Non-Party timely seeks a 6 protective order, the Receiving Party shall not produce any information in its possession or 7 control that is subject to the confidentiality agreement with the Non-Party before a determination 8 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and 9 expense of seeking protection in this court of its Protected Material. 10 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 12 Material to any person or in any circumstance not authorized under this Stipulated Protective 13 Order, the Receiving Party must immediately (1) notify in writing the Designating Party of the 14 unauthorized disclosures, (2) use its best eff orts to retrieve all unauthorized copies of the 15 Protected Material, (3) inform the person or persons to whom unauthorized disclosures were 16 made of all the terms of this Order, and (4) request such person or persons to execute the 17 “Acknowledgment and Agreement to be Bound” that is attached hereto as Exhibit A. 18 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 19 PROTECTED MATERIAL 20 When a Producing Party gives notice to Receiving Parties that certain inadvertently 21 produced material is subject to a claim of privilege or other protection, the obligations of the 22 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 23 provision is not intended to modify whatever procedure may be established in an e-discovery 24 order that provides for production without prior privilege review. Pursuant to Federal Rule of 25 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 26 communication or information covered by the attorney-client privilege or work product 27 protection, the parties may incorporate their agreement in the Stipulated Protective Order 28 submitted to the Court. - 10 - Case No. 5:21-cv-01328-JWH(SHKx) STIPULATED PROTECTIVE ORDER Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 13 of 15 Page ID #:393 1 13. MISCELLANEOUS 2 13.1. Right to Further Relief. Nothing in this Order abridges the right of any person to seek its 3 modification by the Court in the future. 4 13.2. Right to Assert Other Objections. By stipulating to the entry of this Protective Order, no 5 Party waives any right it otherwise would have to object to disclosing or producing any 6 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, 7 no Party waives any right to object on any ground to use in evidence of any of the material 8 covered by this Protective Order. 9 13.3. Filing Protected Material. A Party that seeks to file under seal any Protected Material must 10 comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a 11 court order authorizing the sealing of the specific Protected Material at issue. If a Party's request 12 to file Protected Material under seal is denied by the Court, then the Receiving Party may file the 13 information in the public record unless otherwise instructed by the Court. 14 14. FINAL DISPOSITION 15 After the final disposition of this Action, as defined in Section 5, within sixty (60) days of 16 a written request by the Designating Party, each Receiving Party must return all Protected 17 Material to the Producing Party or destroy such material. As used in this subdivision, “all 18 Protected Material” includes all copies, abstracts, compilations, summaries, and any other format 19 reproducing or capturing any of the Protected Material. Whether the Protected Material is 20 returned or destroyed, the Receiving Party must submit a written certification to the Producing 21 Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that 22 (1) identifies (by category, where appropriate) all the Protected Material that was returned or 23 destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, 24 compilations, summaries or any other format reproducing or capturing any of the Protected 25 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 26 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 27 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 28 consultant and expert work product, even if such materials contain Protected Material. Any such - 11 - Case No. 5:21-cv-01328-JWH(SHKx) STIPULATED PROTECTIVE ORDER Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 14 of 15 Page ID #:394 1 archival copies that contain or constitute Protected Material remain subject to this Protective 2 Order as set forth in Section 5. 3 Any violation of this Order may be punished by any and all appropriate measures 4 including, without limitation, contempt proceedings and/or monetary sanctions. 5 6 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 8 Dated: February 4, 2022 /s/ Ryan R. Owens 9 Attorney(s) for Plaintiff(s) 10 11 Dated: February 4, 2022 /s/ Cole Mackey Attorney(s) for Defendant(s) 12 13 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 14 15 Dated: 02/07/2022 Hon. Shashi H. Kewalramani 16 United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 -12 - Case No. 5:21-cv-01328-JWH(SHKx) STIPULATED PROTECTIVE ORDER Case 5:21-cv-01328-JWH-SHK Document 36 Filed 02/07/22 Page 15 of 15 Page ID #:395 1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 I, [full name], of 4 [full address], declare under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issue by the United States District Court for the Central 6 7 District of California on ______[date] in the case of Gene Pool Technologies, Inc. v. Coastal 8 Harvest, LLC, Case No. 5:21-cv-01328-JWH(SHLx). I agree to comply with and to be bound by 9 all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to 10 so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly 11 promise that I will not disclose in any manner any information or item that is subject to this 12 Stipulated Protective Order to any person or entity except in strict compliance with the provisions 13 of this Order. 14 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for the purpose of enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. I hereby 18 appoint [full name] of 19 [full address and telephone number] as my California agent for service of process in connection 20 with this action or any proceedings related to enforcement of this Stipulated Protective Order. 21 Date: 22 23 City and State where sworn and signed: 24 Printed Name: 25 Signature: 26 27 28 - 13 - Case No. 5:21-cv-01328-JWH(SHKx) STIPULATED PROTECTIVE ORDER --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9979095. Public record. Not legal advice.