Slauson Super Mall, Inc. v. Broan-Nutone, LLC

Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page1of16 Page ID #:173

1 || PETER A. NYQUIST (SBN 180953)

Emyguist@getirm.com

2 | BRIAN E. MOSKAL (SBN 240704)

BMoskal@getinm com

3 || MARISA S. CHOY (SBN 311714)

wie ney Geehirm.com

4 | GREE G GLUSKER FIELDS CLAMAN &

MACHTINGER LLP

5 |) 2049 Century Park East, Suite 2600

Los Angeles, California 90067

6 || Telephone: 310.553.3610

7 Fax: 310.553.0687

Attorneys for Defendant and Counterclaimant

8 || BROAN-NUTONE, LLC

0 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

S. 12

a RS SLAUSON SUPER MALL, INC.; Case No. 2:21-cv-7257-RAO

seee 13 | KAYLA PROPERTIES, LLC; ETHAN

Bee 26, LLC; PACIFIC STAR

aOS2 14 |) PROPERTIES, LLC; LEADER STIPULATED PROTECTIVE

BZaxs GROUP ENTERPRISES, LLC; WALL | ORDER

Zao 15 || STREET ENTERPRISES, LLC; and

Be Z & SSR, LLC, Assigned To. Hon. Rozella A. Oliver

8 16

= 3 Plaintiffs, Complaint Filed: September 9, 2021

8 17

v.

18

BROAN-NUTONE, LLC a Delaware

19 limited liability company, and DOES

20

Defendants.

21

BROAN-NUTONE, LLC,

22

Counterclaimant,

23

V.

24

SLAUSON SUPER MALL, INC.;

25 || KAYLA PROPERTIES, LLC; ETHAN

26, LLC; PACIFIC STAR

26 || PROPERTIES, LLC; LEADER

GROUP ENTERPRISES, LLC; WALL

27 || STREET ENTERPRISES, LLC; and

SSR, LLC

28

STIPULATED PROTECTIVE ORDER

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Counterclaim-

2 Defendants.

4 || 1. A. PURPOSES AND LIMITATIONS

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

6 || proprietary or private information for which special protection from public

7 || disclosure and from use for any purpose other than prosecuting this litigation may

8 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

9 || enter the following Stipulated Protective Order. The parties acknowledge that this

10 || Order does not confer blanket protections on all disclosures or responses to

11 || discovery and that the protection it affords from public disclosure and use extends

12 || only to the limited information or items that are entitled to confidential treatment

= a3 13 || under the applicable legal principles.

aot: 14 B. GOOD CAUSE SETTLEMENT

BEee 15 This action is likely to involve financial, technical and/or proprietary

oS 52 16 || information, as well as confidential settlement communications among the parties,

= Z 17 || for which special protection from public disclosure and from use for any purpose

18 || other than prosecution of this action is warranted. Such confidential and

19 || proprietary materials and information consist of, among other things, confidential

20 || business or financial information, information otherwise generally unavailable to

21 || the public, or which may be privileged or otherwise protected from disclosure under

22 || state or federal statutes, court rules, case decisions, or common law. Accordingly,

23 || to expedite the flow of information, to facilitate the prompt resolution of disputes

24 || over confidentiality of discovery materials, to adequately protect information the

25 || parties are entitled to keep confidential, to ensure that the parties are permitted

26 || reasonable necessary uses of such material in preparation for and in the conduct of

27 || trial, to address their handling at the end of the litigation, and serve the ends of

28 || justice, a protective order for such information is justified in this matter. It is the

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1 || intent of the parties that information will not be designated as confidential for

2 || tactical reasons and that nothing be so designated without a good faith belief that it

3 || has been maintained in a confidential, non-public manner, and there is good cause

4 || why it should not be part of the public record of this case.

5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

6 SEAL

7 The parties further acknowledge, as set forth in Section 12.3, 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.

cg. 12 There 1s a strong presumption that the public has a right of access to judicial

= = 13 || proceedings and records in civil cases. In connection with non-dispositive motions,

aot: 14 || good cause must be shown to support a filing under seal. See Kamakana v. City

BEee 15 || and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.

3288 16 || Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony

R17 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective

18 || orders require good cause showing), and a specific showing of good cause or

19 || compelling reasons with proper evidentiary support and legal justification, must be

20 || made with respect to Protected Material that a party secks to file under seal. The

21 || parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL

22 || 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,

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

27 || the relief sought shall be narrowly tailored to serve the specific interest to be

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

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1 || 2010). For each item or type of information, document, or thing sought to be filed

2 || or introduced under seal in connection with a dispositive motion or trial, the party

3 || seeking protection must articulate compelling reasons, supported by specific facts

4 || and legal justification, for the requested sealing order. Again, competent evidence

5 || supporting the application to file documents under seal must be provided by

6 || declaration.

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

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

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

10 || only the confidential, privileged, or otherwise protectable portions of the document,

11 || shall be filed. Any application that seeks to file documents under seal in their

cg. 12 || entirety should include an explanation of why redaction is not feasible.

S235 2. DEFINITIONS

a i 14 2.1 Action: this pending federal lawsuit.

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

gee 16 || designation of information or items under this Order.

R17 2.3. “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 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

22 || their support staff).

23 2.5 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.”

26 |) ///

27 | ///

28 | ///

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l 2.6 Disclosure or Discovery Material: all items or information, regardless

2 || of the medium or manner in which it is generated, stored, or maintained (including,

3 || among other things, testimony, transcripts, and tangible things), that are produced

4 || or generated in disclosures or responses to discovery in this matter.

5 2.7 Expert: a person with specialized knowledge or experience in a matter

6 || pertinent to the litigation who has been retained by a Party or its counsel to serve as

7 || an expert witness or as a consultant in this Action.

8 2.8 House Counsel: attorneys who are employees of a party to this Action.

9 || House Counsel does not include Outside Counsel of Record or any other outside

10 || counsel.

11 2.9 Non-Party: any natural person, partnership, corporation, association or

cg. 12 || other legal entity not named as a Party to this action.

Saas 13 2.10 Outside Counsel of Record: attorneys who are not employees of a

S725 14 || party to this Action but are retained to represent or advise a party to this Action and

<5: g 15 || have appeared in this Action on behalf of that party or are affiliated with a law firm

g28- 16 || that has appeared on behalf of that party, and includes support staff.

R17 2.11 Party: any party to this Action, including all of its officers, directors,

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

19 || support staffs).

20 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

21 || Discovery Material in this Action.

22 2.13 Professional Vendors: persons or entities that provide litigation

23 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or

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

25 || and their employees and subcontractors.

26 2.14 Protected Material: any Disclosure or Discovery Material that is

27 || designated as “CONFIDENTIAL.”

28

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1 2.15 Receiving Party: a Party that receives Disclosure or Discovery

2 || Material from a Producing Party.

3 || 3. SCOPE

4 The protections conferred by this Stipulated Protective Order cover not only

5 || Protected Material (as defined above), but also (1) any information copied or

6 || extracted from Protected Material; (2) all copies, excerpts, summaries, or

7 || compilations of Protected Material; and (3) any testimony, conversations, or

8 || presentations by Parties or their Counsel that might reveal Protected Material. Any

9 || use of Protected Material at trial shall be governed by the orders of the trial judge.

10 || This Order does not govern the use of Protected Material at trial.

11 | 4. DURATION

cg. 12 Once a case proceeds to trial, information that was designated as

= = 13 || CONFIDENTIAL or maintained pursuant to this protective order used or

aot: 14 || introduced as an exhibit at trial becomes public and will be presumptively available

15 || to all members of the public, including the press, unless compelling reasons

gee 16 || supported by specific factual findings to proceed otherwise are made to the trial

R17 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing

18 || “good cause” showing for sealing documents produced in discovery from

19 || “compelling reasons” standard when merits-related documents are part of court

20 || record). Accordingly, the terms of this Order do not extend beyond the

21 || commencement of the trial.

22 || 5. DESIGNATING PROTECTED MATERIAL

23 5.1 Exercise of Restraint and Care in Designating Material for Protection.

24 || Each Party or Non-Party that designates information or items for protection under

25 || this Order must take care to limit any such designation to specific material that

26 || qualifies under the appropriate standards. The Designating Party must designate for

27 || protection only those parts of material, documents, items or oral or written

28 || communications that qualify so that other portions of the material, documents,

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1 || items or communications for which protection is not warranted are not swept

2 || unjustifiably within the ambit of this Order.

3 Mass, indiscriminate or routinized designations are prohibited. Designations

4 || that are shown to be clearly unjustified or that have been made for an improper

5 || purpose (e.g., to unnecessarily encumber the case development process or to

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

7 || Designating Party to sanctions.

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

9 || designated for protection do not qualify for protection, that Designating Party must

10 || promptly notify all other Parties that it is withdrawing the inapplicable designation.

11 5.2. Manner and Timing of Designations. Except as otherwise provided in

cg. 12 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

= = 35 13 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

aot: 14 || under this Order must be clearly so designated before the material is disclosed or

5 FB of 15 || produced.

gee 16 Designation in conformity with this Order requires:

R17 (a) for information in documentary form (e.g., paper or electronic

18 || documents, but excluding transcripts of depositions or other pretrial or trial

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

20 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

21 || contains protected material. If only a portion of the material on a page qualifies for

22 || protection, the Producing Party also must clearly identify the protected portion(s)

23 || (e.g., by making appropriate markings in the margins).

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

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

26 || which documents it would like copied and produced. During the inspection and

27 || before the designation, all of the material made available for inspection shall be

28 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the

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1 || documents it wants copied and produced, the Producing Party must determine

2 || which documents, or portions thereof, qualify for protection under this Order.

3 || Then, before producing the specified documents, the Producing Party must affix the

4 | “CONFIDENTIAL legend” to each page that contains Protected Material. If only a

5 || portion of the material on a page qualifies for protection, the Producing Party also

6 || must clearly identify the protected portion(s) (e.g., by making appropriate markings

7 || in the margins).

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

9 || identifies the Disclosure or Discovery Material on the record, before the close of

10 || the deposition, that constitutes protected testimony.

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

cg. 12 || and for any other tangible items, that the Producing Party affix in a prominent

= = 35 13 || place on the exterior of the container or containers in which the information is

aot: 14 || stored the legend “CONFIDENTIAL.” If only a portion or portions of the

15 || information warrants protection, the Producing Party, to the extent practicable,

gee 16 || shall identify the protected portion(s).

R17 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent

18 || failure to designate qualified information or items does not, standing alone, waive

19 || the Designating Party’s right to secure protection under this Order for such

20 || material. Upon timely correction of a designation, the Receiving Party must make

21 || reasonable efforts to assure that the material 1s treated in accordance with the

22 || provisions of this Order.

23 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

24 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

26 || Scheduling Order.

27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

28 || resolution process under Local Rule 37.1 et seq.

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l 6.3 The burden of persuasion in any such challenge proceeding shall be on

2 || the Designating Party. Frivolous challenges, and those made for an improper

3 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other

4 || parties) may expose the Challenging Party to sanctions. Unless the Designating

5 || Party has waived or withdrawn the confidentiality designation, all parties shall

6 || continue to afford the material in question the level of protection to which it is

7 || entitled under the Producing Party’s designation until the Court rules on the

8 || challenge.

9 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL

10 7.1. Basic Principles. A Receiving Party may use Protected Material that is

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

cg. 12 || Action only for prosecuting, defending or attempting to settle this Action. Such

= = 35 13 || Protected Material may be disclosed only to the categories of persons and under the

aot: 14 || conditions described in this Order. When the Action has been terminated, a

15 || Receiving Party must comply with the provisions of section 13 below (FINAL

gee 16 || DISPOSITION).

R17 Protected Material must be stored and maintained by a Receiving Party at a

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

19 || authorized under this Order.

20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

22 || Receiving Party may disclose any information or item designated

23 || “CONFIDENTIAL” only to:

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

25 || well as employees of said Outside Counsel of Record to whom it is reasonably

26 || necessary to disclose the information for this Action;

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

28 || of the Receiving Party to whom disclosure is reasonably necessary for this Action;

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

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

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

4 (d) the court and its personnel;

5 (e) court reporters and their staff;

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

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

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

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

10 || a custodian or other person who otherwise possessed or knew the information;

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

cg. 12 || the Action to whom disclosure is reasonably necessary provided: (1) the deposing

= = 35 13 || party requests that the witness sign the form attached as Exhibit A hereto; and

aot: 14 || (2) they will not be permitted to keep any confidential information unless they sign

15 || the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

gee 16 || agreed by the Designating Party or ordered by the court. Pages of transcribed

R17 deposition testimony or exhibits to depositions that reveal Protected Material may

18 || be separately bound by the court reporter and may not be disclosed to anyone

19 || except as permitted under this Stipulated Protective Order; and

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

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

22 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

23 IN OTHER LITIGATION

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

25 || that compels disclosure of any information or items designated in this Action as

26 || “CONFIDENTIAL,” that Party must:

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

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

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

2 || order to issue in the other litigation that some or all of the material covered by the

3 || subpoena or order is subject to this Protective Order. Such notification shall

4 || include a copy of this Stipulated Protective Order; and

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

6 || pursued by the Designating Party whose Protected Material may be affected.

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

8 || the subpoena or court order shall not produce any information designated in this

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

10 || subpoena or order issued, unless the Party has obtained the Designating Party’s

11 || permission. The Designating Party shall bear the burden and expense of seeking

cg. 12 || protection in that court of its confidential material and nothing in these provisions

= = 35 13 || should be construed as authorizing or encouraging a Receiving Party in this Action

aot: 14 || to disobey a lawful directive from another court.

15 | 9. NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

32 8 16 PRODUCED IN THIS LITIGATION

R17 (a) The terms of this Order are applicable to information produced by

18 || a Non-Party in this Action and designated as “CONFIDENTIAL.” Such

19 || information produced by Non-Parties in connection with this litigation is protected

20 || by the remedies and relief provided by this Order. Nothing in these provisions

21 || should be construed as prohibiting a Non-Party from seeking additional protections.

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

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

24 || subject to an agreement with the Non-Party not to produce the Non-Party’s

25 || confidential information, then the Party shall:

26 (1) promptly notify in writing the Requesting Party and the

27 Non-Party that some or all of the information requested is subject to a

28 confidentiality agreement with a Non-Party;

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

2 Stipulated Protective Order in this Action, the relevant discovery request(s),

3 and a reasonably specific description of the information requested; and

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

5 the Non-Party, if requested.

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

7 || within 14 days of receiving the notice and accompanying information, the

8 || Receiving Party may produce the Non-Party’s confidential information responsive

9 || to the discovery request. If the Non-Party timely seeks a protective order, the

10 || Receiving Party shall not produce any information in its possession or control that

11 || is subject to the confidentiality agreement with the Non-Party before a

cg. 12 || determination by the court. Absent a court order to the contrary, the Non-Party

□□□ 13 || shall bear the burden and expense of seeking protection in this court of its Protected

3 : : 14 || Material.

15 | 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

gee 16 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

=~ 17 || Protected Material to any person or in any circumstance not authorized under this

18 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in

19 || writing the Designating Party of the unauthorized disclosures, (b) use its best

20 || efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the

21 || person or persons to whom unauthorized disclosures were made of all the terms of

22 || this Order, and (d) request such person or persons to execute the “Acknowledgment

23 || and Agreement to Be Bound” that is attached hereto as Exhibit A.

24 || 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

25 PROTECTED MATERIAL

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

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

28 || protection, the obligations of the Receiving Parties are those set forth in Federal

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1 || Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

2 || whatever procedure may be established in an e-discovery order that provides for

3 || production without prior privilege review. Pursuant to Section (1) of the parties’

4 | Joint Rule 26(f) Report filed as Dkt. No. 22 on December 29, 2021, pursuant to

5 || Federal Rule of Evidence 502(e), the Parties have agreed that documents protected

6 || by the attorney-client privilege or that constitute work product that are inadvertently

7 || produced shall be returned to the Producing Party, and the inadvertent production of

8 || the privileged or work-product protected document shall not be a waiver of such

9 || protections, notwithstanding anything to the contrary contained in Federal Rule of

10 || Evidence 502 or other rule governing inadvertent disclosure.

11 | 12. MISCELLANEOUS

cg. 12 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

= = 13 || person to seek its modification by the Court in the future.

aot: 14 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

gee 16 || disclosing or producing any information or item on any ground not addressed in

=” 17 || this Stipulated Protective Order. Similarly, no Party waives any right to object on

18 || any ground to use in evidence of any of the material covered by this Protective

19 || Order.

20 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

22 || may only be filed under seal pursuant to a court order authorizing the sealing of the

23 || specific Protected Material at issue. If a Party’s request to file Protected Material

24 || under seal is denied by the court, then the Receiving Party may file the information

25 || in the public record unless otherwise instructed by the court.

26 | ///

27 |) ///

28 |) ///

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1 || 13. FINAL DISPOSITION

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

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

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

5 || used in this subdivision, “all Protected Material” includes all copies, abstracts,

6 || compilations, summaries, and any other format reproducing or capturing any of the

7 || Protected Material. Whether the Protected Material is returned or destroyed, the

8 || Receiving Party must submit a written certification to the Producing Party (and, if

9 || not the same person or entity, to the Designating Party) by the 60 day deadline that

10 || (1) identifies (by category, where appropriate) all the Protected Material that was

11 || returned or destroyed and (2) affirms that the Receiving Party has not retained any

cg. 12 || copies, abstracts, compilations, summaries or any other format reproducing or

523? 13 || capturing any of the Protected Material. Notwithstanding this provision, Counsel

aot: 14 || are entitled to retain an archival copy of all pleadings, motion papers, trial,

Bee 15 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition

3288 16 || and trial exhibits, expert reports, attorney work product, and consultant and expert

=” 17 || work product, even if such materials contain Protected Material. Any such archival

18 || copies that contain or constitute Protected Material remain subject to this Protective

19 || Order as set forth in Section 4 (DURATION).

20 || ///

21 | ///

22 || ///

23 | ///

24 | ///

25 | ///

26 |) ///

27 | ///

28 |) ///

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1 || 14. MIOLATION

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

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

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

DATED: February 11, 2022 GREENBERG GLUSKER FIELDS

7 CLAMAN & MACHTINGER LLP

9 By:_/s/ Peter A. Nyquist

PETER A. NYQUIST (SBN 180953)

7 10 Attorneys for Defendant and

Counterclaimant Plaintiff BROAN-

= 11 NUTONE, LLC

=

o $s. 12

BacS

BUGS 13 | ATTESTATION PURSUANT TO LOCAL RULE 5-4.3.4

mimes

a7 ae 14 The filer above attests pursuant to Local Rule 5-4.3.4 that concurrence in the

= zo

15 || filing of this document has been obtained from each of the other signatories hereto.

2 &

CSEZ 16

= □□ □□ DATED: February 11, 2022 EDGCOMB LAW GROUP, LLP

18

19 By:_/s/ Tiffany R. Hedgpeth

TIFFANY R. HEDGPETH (SBN 175134)

20 Attorneys for Plaintiffs Slauson Super

Mall, Inc.; Kayla Properties, LLC; Ethan

21 26, LLC, Pacific Star Properties, LLC;

Leader Group Enterprises, LLC; Wall

22 Street Enterprises, LLC and SSR, LLC

23

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25 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

26 || DATED: 02/14/2022 .

27 | Repehhis, , O20

HON¥ROZELLA A. OLIVER

28 || United States Magistrate Judge

5 STIPULATED PROTECTIVE ORDER

CASE NO. 2-21-CV-7257-RAO

10894-00002/4267982.3

Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page16o0f16 Page ID #:188

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16 STIPULATED PROTECTIVE ORDER

CASE NO. 2-21-CV-7257-RAO

10894-00002/4267982.3