distinguishing “good cause” 20 showing for sealing documents produced in discovery from “compelling reasons” standard when 21 merits-related documents are part of court record
How later courts described this case
- distinguishing “good cause” 20 showing for sealing documents produced in discovery from “compelling reasons” standard when 21 merits-related documents are part of court record
Written by the judges who cited it.
The opinion
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 1 of 16 Page ID #:223
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
CENTRAL DISTRICT OF CALIFORNIA
7
8 WESTERN DIVISION
9 FLEXWARE INTERNATIONAL LLC, a Case No. 2:21-cv-07223 GW (ASx)
California limited liability corporation,
10
Plaintiff,
11 PROTECTIVE ORDER
v.
12
13 AT&T CORP.,
14 Defendant.
15
16
17
18 1. A. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential, proprietary, or
19
private information for which special protection from public disclosure and from use for any
20
purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby
21
stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties
22
acknowledge that this Order does not confer blanket protections on all disclosures or responses to
23
discovery and that the protection it affords from public disclosure and use extends only to the
24
limited information or items that are entitled to confidential treatment under the applicable legal
25
principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated
26
Protective Order does not entitle them to file confidential information under seal; Civil Local Rule
27
79-5 sets forth the procedures that must be followed and the standards that will be applied when a
28
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 2 of 16 Page ID #:224
1 party seeks permission from the court to file material under seal.
2 B. GOOD CAUSE STATEMENT
3 This action is likely to involve trade secrets, customer and pricing lists and other valuable
4 research, development, commercial, financial, technical and/or proprietary information for which
5 special protection from public disclosure and from use for any purpose other than prosecution
6 of this action is warranted. Such confidential and proprietary materials and information consist
7 of, among other things, confidential business or financial information, information regarding
8 confidential business and marketing plans and practices, confidential sales or marketing forecasts,
9 confidential customer and pricing information, and other confidential research, development, or
10 commercial information (including information implicating privacy rights of third parties),
11 information otherwise generally unavailable to the public, or which may be privileged or otherwise
12 protected from disclosure under state or federal statutes, court rules, case decisions, or common
13 law, the disclosure of would adversely affect the Producing Party’s competitive position or business
14 operations. Accordingly, to expedite the flow of information, to facilitate the prompt resolution of
15 disputes over confidentiality of discovery materials, to adequately protect information the parties
16 are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses
17 of such material in preparation for and in the conduct of trial, to address their handling at the end
18 of the litigation, and serve the ends of justice, a protective order for such information is justified in
19 this matter. It is the intent of the parties that information will not be designated as confidential for
20 tactical reasons and that nothing be so designated without a good faith belief that it has been
21 maintained in a confidential, non-public manner, and there is good cause why it should not be part
22 of the public record of this case.
23 2. DEFINITIONS
24 2.1 Action: this pending federal lawsuit.
25 2.2 Challenging Party: a Party or Non-Party that challenges the designation of
26 information or items under this Order.
27 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is
28 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule
2
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 3 of 16 Page ID #:225
1 of Civil Procedure 26(c), and as specified above in the Good Cause Statement, the disclosure of
2 would adversely affect the Producing Party’s competitive position or business operations.
3 2.4 “CONFIDENTIAL ATTORNEY’S EYES ONLY” Information or Items:
4 information (regardless of how it is generated, stored or maintained) or tangible things that qualify
5 for protection under Federal Rule of Civil Procedure 26(c), and that constitute or contain
6 information the disclosure of which to a Party or Non-Party would create a substantial risk of
7 competitive harm to the Producing Party that could not be avoided by less restrictive means.
8 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their support
9 staff).
10 2.6 Designating Party: a Party or Non-Party that designates information or items that it
11 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “CONFIDENTIAL
12 ATTORNEY’S EYES ONLY.”
13 2.7 Disclosure or Discovery Material: all items or information, regardless of the
14 medium or manner in which it is generated, stored, or maintained (including, among other things,
15 testimony, transcripts, and tangible things), that are produced or generated in disclosures or
16 responses to discovery in this matter.
17 2.8 Expert: a person with specialized knowledge or experience in a matter pertinent to
18 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
19 consultant in this Action.
20 2.9 House Counsel: attorneys who are employees of a party to this Action. House
21 Counsel does not include Outside Counsel of Record or any other outside counsel.
22 2.10 Non-Party: any natural person, partnership, corporation, association, or other legal
23 entity not named as a Party to this action.
24 2.11 Outside Counsel of Record: attorneys who are not employees of a party to this
25 Action but are retained to represent or advise a party to this Action and have appeared in this Action
26 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party,
27 and includes support staff.
28
3
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 4 of 16 Page ID #:226
1 2.12 Party: any party to this Action, including all of its officers, directors, employees,
2 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
3 2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
4 Material in this Action.
5 2.14 Professional Vendors: persons or entities that provide litigation support services
6 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,
7 storing, or retrieving data in any form or medium) and their employees and subcontractors.
8 2.15 Protected Material: any Disclosure or Discovery Material that is designated as
9 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEY’S EYES ONLY.”
10 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material from a
11 Producing Party.
12 3. SCOPE
13 The protections conferred by this Stipulation and Order cover not only Protected Material
14 (as defined above), but also (1) any information copied or extracted from Protected Material; (2)
15 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
16 conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
17 Any use of Protected Material at trial shall be governed by the orders of the trial judge.
18 This Order does not govern the use of Protected Material at trial. See Kamakana v. City and
19 County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”
20 showing for sealing documents produced in discovery from “compelling reasons” standard when
21 merits-related documents are part of court record). The Parties agree to meet and confer prior to
22 the pretrial conference to negotiate a proposal for treatment of Protected Material at trial to be
23 submitted for approval by the Court.
24 4. DURATION
25 Even after final disposition of this litigation, the confidentiality obligations imposed by this
26 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
27 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims
28 and defenses in this Action, with or without prejudice; and (2) final judgment herein after the
4
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 5 of 16 Page ID #:227
1 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
2 including the time limits for filing any motions or applications for extension of time pursuant to
3 applicable law.
4 5. DESIGNATING PROTECTED MATERIAL
5 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party
6 or Non-Party that designates information or items for protection under this Order must take care to
7 limit any such designation to specific material that qualifies under the appropriate standards. The
8 Designating Party must designate for protection only those parts of material, documents, items, or
9 oral or written 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 within the
11 ambit of this Order.
12 Mass, indiscriminate, or routinized designations are prohibited. Designations that are
13 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
14 unnecessarily encumber the case development process or to impose unnecessary expenses and
15 burdens on other parties) may expose the Designating Party to sanctions.
16 If it comes to a Designating Party’s attention that information or items that it designated for
17 protection do not qualify for protection, the Designating Party must promptly notify all other Parties
18 that it is withdrawing the inapplicable designation.
19 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order
20 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
21 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
22 designated before the material is disclosed or produced.
23 Designation in conformity with this Order requires:
24 (a) for information in documentary form (e.g., paper or electronic documents, but
25 excluding transcripts of depositions or other pretrial or trial proceedings), that the
26 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or
27 “CONFIDENTIAL ATTORNEY’S EYES ONLY” (hereinafter “CONFIDENTIAL
28 legend”), to each page that contains protected material. To the extent it is practical
5
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 6 of 16 Page ID #:228
1 to do so, the Designating Party must designate for protection only those parts of
2 material, documents, items, or oral or written communications that qualify – so that
3 other portions of the material, documents, items, or communications for which
4 protection is not warranted are not swept unjustifiably within the ambit of this Order.
5 A Party or Non-Party that makes original documents available for inspection need not
6 designate them for protection until after the inspecting Party has indicated which documents it
7 would like copied and produced. During the inspection and before the designation, all of the
8 material made available for inspection shall be deemed “CONFIDENTIAL ATTORENY’S EYES
9 ONLY.” After the inspecting Party has identified the documents it wants copied and produced, the
10 Producing Party must determine which documents, or portions thereof, qualify for protection under
11 this Order. Then, before producing the specified documents, the Producing Party must affix the
12 “CONFIDENTIAL legend” to each page that contains Protected Material. To the extent it is
13 practical to do so, the Designating Party must designate for protection only those parts of material,
14 documents, items, or oral or written communications that qualify – so that other portions of the
15 material, documents, items, or communications for which protection is not warranted are not swept
16 unjustifiably within the ambit of this Order.
17 (b) for testimony given in depositions that the Designating Party identify the Disclosure
18 or Discovery Material on the record, before the close of the deposition all protected
19 testimony. When it is impractical to identify separately each portion of testimony
20 that is entitled to protection and it appears that substantial portions of the testimony
21 may qualify for protection, the Designating Party may invoke on the record (before
22 the deposition, hearing, or other proceeding is concluded) a right to have up to 30
23 days after receipt of the transcript to identify the specific portions of the testimony
24 as to which protection is sought and to specify the level of protection being asserted.
25 Before the 30 days have expired, the testimony shall be treated as specified on the
26 record. After that, only those portions of the testimony that are appropriately
27 designated for protection within the 30 days shall be covered by the provisions of
28 this Order.
6
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 7 of 16 Page ID #:229
1 (c) for information produced in some form other than documentary and for any other
2 tangible items, that the Producing Party affix in a prominent place on the exterior of
3 the container or containers in which the information is stored the legend
4 “CONFIDENTIAL.” If only a portion or portions of the information warrants
5 protection, the Producing Party, to the extent practicable, shall identify the protected
6 portion(s).
7 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
8 designate qualified information or items does not, standing alone, waive the Designating Party’s
9 right to secure protection under this Order for such material. Upon timely correction of a
10 designation, the Receiving Party must make reasonable efforts to assure that the material is treated
11 in accordance with the provisions of this Order.
12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
13 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
14 confidentiality at any time that is consistent with the Court’s Scheduling Order.
15 6.2 Meet and Confer. The Challenging Party shall initiate the informal dispute
16 resolution process set forth in the Court's Procedures and Schedules. See
17 http://www.cacd.uscourts.gov/honorable-alka-sagar.
18 6.3 The burden of persuasion in any such challenge proceeding shall be on the
19 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass
20 or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party
21 to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality
22 designation, all parties shall continue to afford the material in question the level of protection to
23 which it is entitled under the Producing Party’s designation until the Court rules on the challenge.
24 7. ACCESS TO AND USE OF PROTECTED MATERIAL
25 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
26 produced by another Party or by a Non-Party in connection with this Action only for prosecuting,
27 defending, or attempting to settle this Action. Such Protected Material may be disclosed only to the
28 categories of persons and under the conditions described in this Order. When the Action has been
7
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 8 of 16 Page ID #:230
1 terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
2 DISPOSITION).
3 Protected Material must be stored and maintained by a Receiving Party at a location and in
4 a secure manner that ensures that access is limited to the persons authorized under this Order.
5 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
6 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
7 information or item designated “CONFIDENTIAL” only to:
8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
9 employees of said Outside Counsel of Record to whom it is reasonably necessary to
10 disclose the information for this Action;
11 (b) the officers, directors, and employees (including House Counsel) of the Receiving
12 Party to whom disclosure is reasonably necessary for this Action;
13 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
14 reasonably necessary for this Action and who have signed the “Acknowledgment
15 and Agreement to Be Bound” (Exhibit A);
16 (d) the court and its personnel;
17 (e) court reporters and their staff;
18 (f) 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 (g) any mediator or settlement officer, and their supporting personnel, mutually agreed
21 upon by any of the parties engaged in settlement discussions; and
22 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to
23 whom disclosure is reasonably necessary provided: (1) the deposing party requests
24 that the witness sign the form attached as Exhibit A hereto; and (2) they will not be
25 permitted to keep any confidential information unless they sign the
26 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
27 agreed by the Designating Party or ordered by the court. Pages of transcribed
28 deposition testimony or exhibits to depositions that reveal Protected Material may
8
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 9 of 16 Page ID #:231
1 be separately bound by the court reporter and may not be disclosed to anyone except
2 as permitted under this Stipulated Protective Order.
3 7.3 Disclosure of “CONFIDENTIAL ATTORNEY’S EYES ONLY” Information or
4 Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a
5 Receiving Party may disclose any information or item designated “CONFIDENTIAL
6 ATTORNEY’S EYES ONLY” only to:
7 (a) the persons or entities listed in paragraph 7.2(a), paragraph 7.2(c) subject to
8 paragraph 7.3(b) below, and paragraphs 7.2(d)-(g).
9 (b) Excluding damages Experts who are not directly or indirectly engaged to work in
10 the telecommunications or data networking industries and trademark/survey Experts
11 who are not directly or indirectly engaged to work in the telecommunications or data
12 networking industries, no disclosure of Information or Items designated
13 CONFIDENTIAL ATTORNEY’S EYES ONLY to an Expert shall occur until such
14 Expert has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
15 the signed copy has been provided to the Producing Party, the written notice in
16 paragraph 7.3(c) has been given, and, either the time for objection has passed or any
17 objection has been resolved.
18 (c) The written notice of intended disclosure shall be given by email to all Outside
19 Counsel of Record and shall contain the following information for each Expert:
20 name, address, curriculum vitae, current employer, title, job responsibilities,
21 employment history for the past three years including the name of each entity for
22 whom the adviser has worked during that time, any past or present affiliation with
23 the Receiving Party, and a listing of cases in which the witness has testified as an
24 expert at trial or by deposition within the preceding five years. The Producing Party
25 shall have five business days after such notice is given to object in writing to the
26 disclosure. The Producing Party’s consent to the disclosure of Protected Material to
27 an Expert shall not be unreasonably withheld, and any objection must be based on a
28 good faith belief that disclosure will result in specific business or economic harm to
9
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 10 of 16 Page ID #:232
1 that Producing Party. If the Party desiring disclosure refuses to withdraw the Expert,
2 it shall provide written notice of the refusal to the objecting party. The Parties shall
3 then meet and confer in good faith to resolve the objection within 5 business days
4 of the date of the written notice of refusal to withdraw. If the efforts do not resolve
5 the dispute within five business days, the Party objecting to disclosure shall have
6 seven additional business days to file a motion requesting that the Expert not be
7 allowed to view the Protected Material. The objecting Party shall have the burden
8 to show that the disclosure sought should be prohibited. Absent agreement of the
9 Parties or Court order to extend the deadline, a failure to file the motion within the
10 seven business days shall operate as a waiver and allow disclosure of the Protected
11 Material to the technical adviser.
12 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION
13
If a Party is served with a subpoena or a court order issued in other litigation that compels
14
disclosure of any Protected Material, that Party must:
15
(a) promptly notify in writing the Designating Party. Such notification shall include a
16
copy of the subpoena or court order;
17
(b) promptly notify in writing the party who caused the subpoena or order to issue in
18
the other litigation that some or all of the material covered by the subpoena or order
19
is subject to this Protective Order. Such notification shall include a copy of this
20
Stipulated Protective Order; and
21
(c) cooperate with respect to all reasonable procedures sought to be pursued by the
22
Designating Party whose Protected Material may be affected.
23
If the Designating Party timely seeks a protective order, the Party served with the subpoena
24
or court order shall not produce any Protected Material before a determination by the court from
25
which the subpoena or order issued, unless the Party has obtained the Designating Party’s
26
permission. The Designating Party shall bear the burden and expense of seeking protection in that
27
court of its confidential material and nothing in these provisions should be construed as authorizing
28
10
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 11 of 16 Page ID #:233
1 or encouraging a Receiving Party in this Action to disobey a lawful directive from another court.
2 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
IN THIS LITIGATION
3
(a) The terms of this Order are applicable to information produced by a Non-Party in
4
this Action and designated as Protected Material. Such information produced by
5
Non-Parties in connection with this litigation is protected by the remedies and relief
6
provided by this Order. Nothing in these provisions should be construed as
7
prohibiting a Non-Party from seeking additional protections.
8
(b) In the event that a Party is required, by a valid discovery request, to produce a Non-
9
Party’s confidential information in its possession, and the Party is subject to an
10
agreement with the Non-Party not to produce the Non-Party’s confidential
11
information, then the Party shall:
12
(1) promptly notify in writing the Requesting Party and the Non-Party that some
13
or all of the information requested is subject to a confidentiality agreement
14
with a Non-Party;
15
(2) promptly provide the Non-Party with a copy of the Stipulated Protective
16
Order in this Action, the relevant discovery request(s), and a reasonably
17
specific description of the information requested; and
18
(3) make the information requested available for inspection by the Non-Party, if
19
requested.
20
(c) If the Non-Party fails to seek a protective order from this court within 14 days of
21
receiving the notice and accompanying information, the Receiving Party may
22
produce the Non-Party’s confidential information responsive to the discovery
23
request. If the Non-Party timely seeks a protective order, the Receiving Party shall
24
not produce any information in its possession or control that is subject to the
25
confidentiality agreement with the Non-Party before a determination by the court.
26
Absent a court order to the contrary, the Non-Party shall bear the burden and
27
expense of seeking protection in this court of its Protected Material.
28
11
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 12 of 16 Page ID #:234
1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
3 Material to any person or in any circumstance not authorized under this Stipulated Protective Order,
4 the Receiving Party must immediately (a) notify in writing the Designating Party of the
5 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected
6 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the
7 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and
8 Agreement to Be Bound” that is attached hereto as Exhibit A.
9 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
10
When a Producing Party gives notice to Receiving Parties that certain inadvertently
11
produced material is subject to a claim of privilege or other protection, the obligations of the
12
Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision
13
is not intended to modify whatever procedure may be established in an e-discovery order that
14
provides for production without prior privilege review. Pursuant to Fed. R. Evid. 502(d),
15
production of a privileged or work-product protected document, whether inadvertent or otherwise,
16
is not a waiver of the privilege or protection from discovery in this case or in any other federal or
17
state proceeding.
18
12. MISCELLANEOUS
19
12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to
20
seek its modification by the Court in the future.
21
12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order
22
no Party waives any right it otherwise would have to object to disclosing or producing any
23
information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
24
Party waives any right to object on any ground to use in evidence of any of the material covered by
25
this Protective Order.
26
12.3 Filing Protected Material. A Party that seeks to file under seal any Protected
27
Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal
28
12
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 13 of 16 Page ID #:235
1 pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a
2 Party's request to file Protected Material under seal is denied by the court, then the Receiving Party
3 may file the information in the public record unless otherwise instructed by the court
4 12.4 Export Control. No Party may remove, or cause to be removed, Protected Material
5 produced by another Party from the territorial boundaries of the United States of America. Without
6 limitation, this prohibition extends to Protected Material (including copies) in physical and
7 electronic form. The viewing of Protected Material through electronic means outside the territorial
8 limits of the United States of America is similarly prohibited. The restrictions contained within
9 this paragraph may be amended through the consent of the producing Party to the extent that such
10 agreed to procedures conform to applicable export control laws and regulations.
11 13. FINAL DISPOSITION
12 After the final disposition of this Action, as defined in paragraph 4, within 60 days of a
13 written request by the Designating Party, each Receiving Party must return all Protected Material
14 to the Producing Party or destroy such material. As used in this subdivision, “all Protected Material”
15 includes all copies, abstracts, compilations, summaries, and any other format reproducing or
16 capturing any of the Protected Material. Whether the Protected Material is returned or destroyed,
17 the Receiving Party must submit a written certification to the Producing Party (and, if not the same
18 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category,
19 where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the
20 Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format
21 reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel
22 are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
23 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
24 work product, and consultant and expert work product, even if such materials contain Protected
25 Material. Any such archival copies that contain or constitute Protected Material remain subject to
26 this Protective Order as set forth in Section 4.
27 14. Any violation of this Order may be punished by any and all appropriate measures
28 including, without limitation, contempt proceedings and/or monetary sanctions.
13
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 14 of 16 Page ID #:236
1
2 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
3
4 DATED: March 24, 2022
5 /s/ Donald R. Pepperman______________________________
Attorneys for Plaintiff FLEXWARE INTERNATIONAL LLC
6
7
DATED: March 24, 2022
8
/s/ Simren K. Gill___________________________________
9 Attorneys for Defendant AT&T CORP.
10
11 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
12 DATED: _M__a_r_c_h_ 2_5_,_ 2_0_2_2________
13 ________/_ s_ _/ _S_a_g_a_r___________________
Honorable Alka Sagar
14 United States Magistrate Judge
15
16
17
18
19
20
21
22
23
24
25
26
27
28
14
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 15 of 16 Page ID #:237
1 EXHIBIT A
2
3 UNITED STATES DISTRICT COURT
4 CENTRAL DISTRICT OF CALIFORNIA
5 WESTERN DIVISION
6
FLEXWARE INTERNATIONAL LLC, a Case No. 2:21-cv-07223 GW (ASx)
7 California limited liability corporation,
8 Plaintiff,
STIPULATED PROTECTIVE ORDER
9 v. GOVERNING DISCOVERY
10 AT&T CORP.,
11
Defendant.
12
13
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
14
I, ________________________________________ [print or type full name], of
15
___________________________________________________ [print or type full address],
16
declare under penalty of perjury that I have read in its entirety and understand the Stipulated
17
Protective Order that was issued by the United States District Court for the Central District of
18
California on _____________________________ [date] in the above matter. I agree to comply
19
with and to be bound by all the terms of this Stipulated Protective Order and I understand and
20
acknowledge that failure to so comply could expose me to sanctions and punishment in the nature
21
of contempt. I solemnly promise that I will not disclose in any manner any information or item
22
that is subject to this Stipulated Protective Order to any person or entity except in strict
23
compliance with the provisions of this Order.
24
I further agree to submit to the jurisdiction of the United States District Court for the Central
25
District of California for the purpose of enforcing the terms of this Stipulated Protective Order,
26
even if such enforcement proceedings occur after termination of this action. I hereby appoint
27
______________________________________________ [print or type full name] of
28
15
Case 2:21-cv-07223-GW-AS Document 46 Filed 03/25/22 Page 16 of 16 Page ID #:238
1 _______________________ [print or type full address and telephone number] as my California
2 agent for service of process in connection with this action or any proceedings related to enforcement
3 of this Stipulated Protective Order.
4
5 Date: ______________________________________
6
7 City and State where sworn and signed: _____________________________________
8
9 Printed name: _______________________________
10
11 Signature: __________________________________
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16