# JUUL Labs, Inc. v. Redmill Tobacco, Inc.

> District Court, C.D. California · April 8, 2022

URL: https://www.frixlaw.com/law-library/cases/9979557

## Case

- **Court:** District Court, C.D. California
- **Decided:** April 8, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

Case 2:21-cv-08228-ADS Document 20 Filed 04/08/22 Page1of21 Page ID#:10
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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JUUL LABS, INC. Case No. 2:21-cv-08228-ADS
Plaintiff,
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v. STIPULATED PROTECTIVE ORDER
REDMILL TOBACCO, INC.
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Defendant.
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17 |{I. PURPOSES AND LIMITATIONS
18 A. Discovery in this action is likely to involve production of confidential,
19 proprietary, or private information for which special protection from public
20 disclosure and from use for any purpose other than prosecuting this litigation
21 may be warranted. Accordingly, the parties hereby stipulate to and petition the
22 Court to enter the following Stipulated Protective Order. The parties
23 acknowledge that this Order does not confer blanket protections on all
24 disclosures or responses to discovery and that the protection it affords from

Case 2:21-cv-08228-ADS Document 20 Filed 04/08/22 Page 2 of 21 Page ID #:103

1 public disclosure and use extends only to the limited information or items that
2 are entitled to confidential treatment under the applicable legal principles. The
3 parties further acknowledge, as set forth in Section XIII(C), below, that this
4 Stipulated Protective Order does not entitle them to file confidential information
5 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed
6 and the standards that will be applied when a party seeks permission from the
7 Court tofile material under seal.

8 II. GOOD CAUSE STATEMENT
9 A. This action is likely to involve trade secrets, proprietary manufacturing
10 and packing information, customer and pricing lists and other valuable research,
11 development, commercial, financial, technical and/or proprietary information
12 for which special protection from public disclosure and from use for any purpose
13 other than prosecution of this action is warranted. Such confidential and
14 proprietary materials and information consist of, among other things,
15 confidential business or financial information, information regarding
16 confidential business practices, confidential personal information, or other
17 confidential research, development, or commercial information (including
18 information implicating privacy rights of third parties), information otherwise

19 generally unavailable to the public, or which may be privileged or otherwise
20 protected from disclosure under state or federal statutes,rules, regulations, or
21 court rules, case decisions, or common law. Such confidential and proprietary
22 materials may include: (1) information protected from disclosure by statute or
23 regulation, including, but not limited to, the Family Educational Rights and
24 Privacy Act; (2) information that constitutes a trade secret in accordance with

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1 Uniform Trade Secrets Act; (3) non-public communications with regulators or
2 other governmental bodies that are protected from disclosure by statuteor
3 regulation; (4) information that includes material protected by federal, state, or
4 foreign data protection laws or other privacy obligations; and (5) personal
5 identifiable information, including: Social Security Numbers; health information
6 relating to the past, present or future physical or mental health or condition of
7 an individual; the provision of health care to an individual, or the past present,

8 or future payment for the provision of health care to an individual; personal
9 financial information such as tax information, bank account numbers, and credit
10 card numbers; insurance claim numbers; insurance policy numbers; or the
11 personal email addresses or other contact information of company board
12 members, executives, and employees. Accordingly, to expedite the flow of
13 information, to facilitate the prompt resolution of disputes over confidentiality
14 of discovery materials, to adequately protect information the parties are entitled
15 to keep confidential, to ensure that the parties are permitted reasonable
16 necessary uses of such material in preparation for and in the conduct of trial, to
17 address their handling at the end of the litigation, and serve the ends of justice, a
18 protective order for such information is justified in this matter. It is the intent of

19 the parties that information will not be designated as confidential for tactical
20 reasons and that nothing be so designated without a good faith belief that it has
21 been maintained in a confidential, non-public manner, and there is good cause
22 why it should not be part of the public record of this case.
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1 III. DEFINITIONS
2 A. Action: JUUL Labs, Inc. v. Redmill Tobacco, Inc.(C.D. Cal. Case
3 Number: 2:21-cv-08228-ADS)
4 B. Challenging Party: AParty or Non-Party that challenges the designation
5 of information or items under this Order.
6 C(1). “CONFIDENTIAL” Information or Items: Information (regardless of how
7 it is generated, stored or maintained) or tangible things that the Designating

8 Party asserts in good faith is protectedfrom disclosureunder Federal Rule of
9 Civil Procedure 26(c)or other federal or state statute, rule, regulation, or
10 common law, and as specified above in the Good Cause Statement.
11 C(2). “CONFIDENTIAL –ATTORNEYS’ EYES ONLY” Information or Items:
12 Information (regardless of how it is generated, stored or maintained) or tangible
13 things thatthe Designating Party also asserts in good faith is so competitively
14 sensitive that the receipt of the information by parties to the litigation could
15 result in competitive harm, which may include: (1) sensitive technical
16 information, including current research, development and manufacturing
17 information and patent prosecution information; (2) sensitive business
18 information, including highly sensitive financial or marketing information and

19 the identity of suppliers, distributors and potential or actual customers; (3)
20 competitive technical information, including technical analyses or comparisons
21 of competitor’s products; (4) competitive business information, including non-
22 public financial or marketing analyses or comparisons of competitor’s products
23 and strategic product planning; (5) highly personal non-public information; or
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1 (6) any other confidential material the ProducingPartyreasonably and in good
2 faith believes the disclosure of which would likely cause competitive harm.
3 D. Counsel: Outside Counsel of Record and House Counsel (as well as their
4 support staff).
5 E. Designating Party: A Party or Non-Party that designates information or
6 items that it produces in disclosures or in responses to discovery as
7 “CONFIDENTIAL”or “CONFIDENTIAL –ATTORNEYS’ EYES ONLY.”

8 F. Disclosure or Discovery Material: All items or information, regardless of
9 the medium or manner in which it is generated, stored, or maintained
10 (including, among other things, testimony, transcripts, and tangible things), that
11 are produced or generated in disclosures or responses to discovery in this
12 matter.
13 G. Expert: A person with specialized knowledge or experience in a matter
14 pertinent to the litigation who has been retained by a Party or its counsel to
15 serve as an expert witness or as a consultant in this Action.
16 H. House Counsel: Attorneys who are employees of a party to this Action.
17 House Counsel does not include Outside Counsel of Record or any other outside
18 counsel.

19 I. Non-Party: Any natural person, partnership, corporation, association, or
20 other legal entity not named as a Party to this action.
21 J. Outside Counsel of Record: Attorneys who are not employees of a party
22 to this Action but are retained to represent or advise a party to this Action and
23 have appeared in this Action on behalf of that party or are affiliated with a law
24 firm which has appeared on behalf of that party, and includes support staff.

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1 K. Party: Any party to this Action, including all of its officers, directors,
2 employees, consultants, retained experts, and Outside Counsel of Record (and
3 their support staffs).
4 L. Producing Party: A Party or Non-Party that produces Disclosure or
5 Discovery Material in this Action.
6 M. Professional Vendors: Persons or entities that provide litigation support
7 services (e.g., photocopying, videotaping, translating, preparing exhibits or

8 demonstrations, and organizing, storing, or retrieving data in any form or
9 medium)and their employees and subcontractors.
10 N. Protected Material: Any Disclosure or Discovery Material that is
11 designated as “CONFIDENTIAL”or “CONFIDENTIAL – ATTORNEYS’ EYES
12 ONLY.”
13 O. Receiving Party: A Party that receives Disclosure or Discovery Material
14 from a Producing Party.
15 IV. SCOPE
16 A. The protections conferred by this Stipulation and Order cover not only
17 Protected Material(as defined above), but also (1) any information copied or
18 extracted from Protected Material; (2) all copies, excerpts, summaries, or

19 compilations of Protected Material; and (3) any testimony, conversations, or
20 presentations by Parties or their Counsel that might reveal Protected Material.
21 B. Any use of Protected Material at trial shall be governed by the orders of
22 the trial judge. This Order does not govern the use of Protected Material at trial.
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1 V. DURATION
2 A. Once a case proceeds to trial, all of the information that was designated as
3 confidential or maintained pursuant to this Protective Order becomes public and
4 will be presumptively available to all members of the public, including the press,
5 unless compelling reasons supported by specific factual findings to proceed
6 otherwise are made to the trial judge in advance of the trial. SeeKamakana v.
7 City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006)

8 (distinguishing “good cause” showing for sealing documents produced in
9 discovery from “compelling reasons” standard when merits-related documents
10 are part of court record). Accordingly, the terms of this Protective Order do not
11 extend beyond the commencement of the trial.
12 B. Even after final disposition of this litigation, the confidentiality
13 obligations imposed by this Order shall remain in effect until a Designating
14 Party agrees otherwise in writing or a court order otherwise directs. Final
15 disposition shall be deemed to be the later of (1) dismissal of all claims and
16 defenses in this Action, with or without prejudice; and (2) final judgment herein
17 after the completion and exhaustion of all appeals, rehearings, remands, trials,
18 or reviews of this Action, including the time limits for filing any motions or

19 applications for extension of time pursuant to applicable law.
20 VI. DESIGNATING PROTECTED MATERIAL
21 A. Exercise of Restraint and Care in Designating Material for Protection
22 1. Each Party or Non-Party that designates information or items for
23 protection under this Order must take care to limit any such designation
24 to specific material that qualifies under the appropriate standards.

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1 2. Mass, indiscriminate, or routinized designations are prohibited.
2 Designations that are shown to be clearly unjustified or that have been
3 made for an improper purpose (e.g., to unnecessarily encumber the case
4 development process or to impose unnecessaryexpenses and burdens on
5 other parties) may expose the Designating Party to sanctions.
6 3. If it comes to a Designating Party’s attention that information or
7 items that it designated for protection do not qualify for protection, that

8 Designating Party must promptly notify all other Parties that it is
9 withdrawing the inapplicable designation.
10 B. Manner and Timing of Designations
11 1. Except as otherwise provided in this Order (see, e.g., Section
12 B(2)(b)below), or as otherwise stipulated or ordered, the partiesshall use
13 reasonable best efforts to ensure Disclosure or Discovery Material that
14 qualifies for protection under this Order isclearly so designated before
15 the material is disclosed or produced.
16 2. Designation in conformity with this Order requires the following:
17 a. For information in documentary form (e.g., paper or
18 electronic documents, but excluding transcripts of depositions or

19 other pretrial or trial proceedings), that the Producing Party affix
20 at a minimum, the legend “CONFIDENTIAL”or “CONFIDENTIAL
21 –ATTORNEYS’ EYES ONLY”(hereinafter “CONFIDENTIAL
22 legend”), to each page that contains protected material. If only a
23 portion or portions of the material on a page qualifies for
24 protection, the Producing Party also must clearly identify the

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1 protected portion(s) (e.g., by making appropriate markings in the
2 margins).
3 b. A Party or Non-Party that makes original documents
4 available for inspection need not designate them for protection
5 until after the inspecting Party has indicated which documents it
6 would like copied and produced. During the inspection and before
7 the designation, all of the material made available for inspection

8 shall be deemed “CONFIDENTIAL.” After the inspecting Party has
9 identified the documents it wants copied and produced, the
10 Producing Party must determine which documents, or portions
11 thereof, qualify for protection under this Order. Then, before
12 producing the specified documents, the Producing Party must affix
13 the “CONFIDENTIAL legend” to each page that contains Protected
14 Material. If only a portion or portions of the material on a page
15 qualifies for protection, the Producing Party also must clearly
16 identify the protected portion(s) (e.g., by making appropriate
17 markings in the margins).
18 c. For testimony given in depositions,that the Designating

19 Party identify all protected testimony on the recordbefore the
20 close of the deposition or within thirty (30) days after receipt of the
21 deposition transcript. Provided, however, any exhibit that was
22 marked with a “Confidentiallegend”at the time of production, and
23 which still bears that mark at the time of its use in a deposition,
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1 shall be presumed to fall within the provisions of this Order
2 without further designation.
3 d. For information produced in form other than documentand
4 for any other tangible items, that the Producing Party affix in a
5 prominent place on the exterior of the container or containers in
6 which the information is stored the “CONFIDENTIALlegend.” If
7 only a portion or portions of the information warrants protection,

8 the Producing Party, to the extent practicable, shall identify the
9 protected portion(s).
10 e. For electronically stored information (“ESI”), that the
11 Producing Partyshall make an effort to include within the
12 electronic files themselves the “Confidentiallegend” to the extent
13 practicable. If that is not practicable, then the Producing Party
14 shall designate in a transmittal letter or e-mail accompanying the
15 production using a reasonable identifier (e.g., the Bates range) any
16 portions of the ESI that should be treated as “CONFIDENTIAL” or
17 “CONFIDENTIAL –ATTORNEYS’ EYES ONLY.”
18 C. Failure to Designate

19 1. If timely corrected, a failure to designate qualified information or
20 items does not, standing alone, waive the Designating Party’s right to
21 secure protection under this Order for such material. Upon timely
22 correction of a designation, the Receiving Party must make reasonable
23 efforts to assure that the material is treated in accordance with the
24 provisions of this Order.

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1 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2 A. Timing of Challenges
3 1. Any party or Non-Party may challenge a designation of
4 confidentiality at any time that is consistent with the Court’s Scheduling
5 Order.
6 B. Meet and Confer
7 1. The Challenging Party shall initiate the dispute resolution process

8 under Local Rule 37.1 et seq.
9 C. The burden of persuasion in any such challenge proceeding shall be on
10 the Designating Party. Frivolous challenges, and those made for an improper
11 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
12 parties) may expose the Challenging Party to sanctions. Unless the Designating
13 Party has waived or withdrawn the confidentiality designation, all parties shall
14 continue to afford the material in question the level of protection to which it is
15 entitled under the Producing Party’s designation until the Court rules on the
16 challenge.
17 VIII. ACCESS TO ANDUSE OF PROTECTED MATERIAL
18 A. Basic Principles

19 1. A Receiving Party may use Protected Material that is disclosed or
20 produced by another Party or by a Non-Party in connection with this
21 Action only for prosecuting, defending, or attempting to settle this Action.
22 Such Protected Material may be disclosed only to the categories of
23 persons and under the conditions described in this Order. When the
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1 Action has been terminated, a Receiving Party must comply with the
2 provisions of Section XIVbelow.
3 2. Protected Material must be stored and maintained by a Receiving
4 Party at a location and in a secure manner that ensures that access is
5 limited to the persons authorized under this Order.
6 B. Disclosure of “CONFIDENTIAL” Information or Items
7 1. Unless otherwise ordered by the Court or permitted in writing by

8 the Designating Party, a Receiving Party may disclose any information or
9 item designated “CONFIDENTIAL” only to:
10 a. The Receiving Party’s Outside Counsel of Record in this
11 Action, as well as employees of said Outside Counsel of Record to
12 whom it is reasonably necessary to disclose the information for this
13 Action;
14 b. The officers, directors, and employees (including House
15 Counsel) of the Receiving Party to whom disclosure is reasonably
16 necessary for this Action;
17 c. Experts (as defined in this Order) of the Receiving Party to
18 whom disclosure is reasonably necessary for this Action and who

19 have signed the “Acknowledgment and Agreement to Be Bound”
20 (Exhibit A);
21 d. The Court and its personnel;
22 e. Court reporters and their staff;
23 f. Professional jury or trial consultants, mock jurors, and
24 Professional Vendors to whom disclosure is reasonably necessary

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1 or this Action and who have signed the “Acknowledgment and
2 Agreement to be Bound” attached as Exhibit A hereto;
3 g. The author or recipient of a document containing the
4 information or a custodian or other person who otherwise
5 possessed or knew the information;
6 h. During their depositions, witnesses, and attorneys for
7 witnesses, in the Action to whom disclosure is reasonably

8 necessary,provided: (i)such personssign the “Acknowledgment
9 and Agreement to Be Bound”attached as Exhibit A hereto;and (ii)
10 they will not be permitted to keep any confidential information
11 unless otherwise agreed by the Designating Party or ordered by the
12 Court. Pages of transcribed deposition testimony or exhibits to
13 depositions that reveal Protected Material shallbe separately
14 bound by the court reporter and shallnot be disclosed to anyone
15 except as permitted under this Stipulated Protective Order;
16 i. Any mediator or settlement officer, and their supporting
17 personnel, mutually agreed upon by any of the parties engaged in
18 settlement discussions; and

19 j. The insurer of a party to litigation and employees of such
20 insurer to the extent reasonably necessary to assist the party’s
21 counsel to afford the insurer an opportunity to investigate and
22 evaluate the claim for purposes of determining coverage and for
23 settlement purposes.
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1 C. Disclosure of “CONFIDENTIAL–ATTORNEYS’ EYES ONLY”
2 Information or Items
3 1. Unless otherwise ordered by the Court or permitted in writing by
4 the Designating Party, a Receiving Party may disclose any information or
5 item designated “CONFIDENTIAL–ATTORNEYS’ EYES ONLY” only to:
6 a. The Receiving Party’s Outside Counsel of Record in this
7 Action,as well as employees of said Outside Counsel of Record to

8 whom it is reasonably necessary to disclose the information for this
9 Action;
10 b. Experts (as defined in this Order) of the Receiving Party to
11 whom disclosure is reasonably necessary for this Action and who
12 have signed the “Acknowledgment and Agreement to Be Bound”
13 (Exhibit A);
14 c. The Court and its personnel;
15 d. Court reporters and their staff;
16 e. Professional jury or trial consultants, mock jurors, and
17 Professional Vendors to whom disclosure is reasonably necessary
18 or this Action and who have signed the “Acknowledgment and

19 Agreement to be Bound” attached as Exhibit A hereto;
20 g. The author or recipient of a document containing the
21 information or a custodian or other person who otherwise
22 possessed orknew the information; and
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1 h. Any mediator or settlement officer, and their supporting
2 personnel, mutually agreed upon by any of the parties engaged in
3 settlement discussions.
4 IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
5 IN OTHER LITIGATION
6 A. Ifa Party is served with a subpoena or a court order issued in other
7 litigation that compels disclosure of any information or items designated in this

8 Action as “CONFIDENTIAL”or “CONFIDENTIAL –ATTORNEYS’ EYES ONLY”
9 that Party must:
10 1. Promptly notify in writing the Designating Party. Such notification
11 shall include a copy of the subpoena or court order;
12 2. Promptly notify in writing the party who caused the subpoena or
13 order to issue in the other litigation that some or all of the material
14 covered by the subpoena or order is subject to this Protective Order. Such
15 notification shall include a copy of this Stipulated Protective Order; and
16 3. Cooperate with respect to all reasonable procedures sought to be
17 pursued by the Designating Party whose Protected Material may be
18 affected.

19 B. If the Designating Party timely seeks a protective order, the Party served
20 with the subpoena or court order shall not produce any information designated
21 in this action as “CONFIDENTIAL”or “CONFIDENTIAL –ATTORNEYS’ EYES
22 ONLY”before a determination by the Court from which the subpoena or order
23 issued, unless the Party has obtained the Designating Party’s permission. The
24 Designating Party shall bear the burden and expense of seeking protection in

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1 that court of its confidential material and nothing in these provisions should be
2 construed as authorizing or encouraging a Receiving Party in this Action to
3 disobey a lawful directive from another court.
4 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
5 PRODUCED IN THIS LITIGATION
6 A. The terms of this Order are applicable to information produced by a Non-
7 Party in this Action and designated as “CONFIDENTIAL”or “CONFIDENTIAL –

8 ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in
9 connection with this litigation is protected by the remedies and relief provided
10 by this Order. Nothing in these provisions should be construed as prohibiting a
11 Non-Party from seeking additional protections.
12 B. In the event that a Party is required, by a valid discovery request, to
13 produce a Non-Party’s confidential information in its possession, and the Party
14 is subject to an agreement with the Non-Party not to produce the Non-Party’s
15 confidential information, then the Party shall:
16 1. Promptly notify in writing the Requesting Party and the Non-Party
17 that some or all of the information requested is subject to a
18 confidentiality agreement with a Non-Party;

19 2. Promptly provide the Non-Party with a copy of the Stipulated
20 Protective Order in this Action, the relevant discovery request(s), and a
21 reasonably specific description of the information requested; and
22 3. Make the information requested available for inspection by the
23 Non-Party, if requested.
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1 C. If the Non-Party fails to seek a protective order from this court within 14
2 days of receiving the notice and accompanying information, the Receiving Party
3 may produce the Non-Party’s confidential information responsive to the
4 discovery request. If the Non-Party timely seeks a protective order, the
5 Receiving Party shall not produce any information in its possession or control
6 that is subject to the confidentiality agreement with the Non-Party before a
7 determination by the court. Absent a court order to the contrary, the Non-Party

8 shall bear the burden and expense of seeking protection in this court of its
9 Protected Material.
10 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
11 A. If a Receiving Party learns that, by inadvertence or otherwise, it has
12 disclosed Protected Material to any person or in any circumstance not
13 authorized under this Stipulated Protective Order, the Receiving Party must
14 immediately (1) notify in writing the Designating Party of the unauthorized
15 disclosures, (2) use its best efforts to retrieve all unauthorized copies of the
16 Protected Material, (3) inform the person or persons to whom unauthorized
17 disclosures were made of all the terms of this Order, and (4) request such person
18 or persons to execute the “Acknowledgment and Agreement to be Bound” that is

19 attached hereto as Exhibit A.
20 XII. PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
21 MATERIAL
22 A. When a Producing Party gives notice to Receiving Parties that certain
23 produced material, produced inadvertently or otherwise,is subject to a claim of
24 privilege or other protection, the obligations of the Receiving Parties are those

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1 set forth in Federal Rule of Civil Procedure 26(b)(5)(B)and the evidentiary and
2 waiver ramifications as to theattorney-client privilege or work-product
3 protectionare those set forth in Federal Rule of Evidence 502. This provision is
4 not intended to modify whatever procedure may be established in an e-discovery
5 order that provides for production without prior privilege review.
6 XIII. MISCELLANEOUS
7 A. Right to Further Relief

8 1. Nothing in this Order abridges the right of any person to seek its
9 modification by the Court in the future.
10 B. Right to Assert Other Objections
11 1. By stipulating to the entry of this Protective Order,no Party waives
12 any right it otherwise would have to object to disclosing or producing any
13 information or item on any ground not addressed in this Stipulated
14 Protective Order. Similarly, no Party waives any right to object on any
15 ground to use in evidence of any of the material covered by this Protective
16 Order.
17 C. Filing Protected Material
18 1. A Party that seeks to file under seal any Protected Material must

19 comply with Civil Local Rule 79-5. Protected Material may only be filed
20 under seal pursuant to a court order authorizing the sealing of the specific
21 Protected Material at issue. If aParty's request to file Protected Material
22 under seal is denied by the Court, then the Receiving Party may file the
23 information in the public recordunless otherwise instructed by the Court.
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1 XIV. FINAL DISPOSITION
2 A. After the final disposition of this Action, as defined in Section V, within
3 sixty (60) days of a written request by the Designating Party, each Receiving
4 Party must returnall Protected Material to the Producing Party or destroy such
5 material. As used in this subdivision, “all Protected Material” includes all copies,
6 abstracts, compilations, summaries, and any other format reproducing or
7 capturing any of the Protected Material. Whether the Protected Material is

8 returned or destroyed, the Receiving Party must submit a written certification to
9 the Producing Party (and, if not the same person or entity, to the Designating
10 Party) by the 60 day deadline that (1) identifies (by category, where appropriate)
11 all the Protected Material that was returned or destroyed and (2)affirms that the
12 Receiving Party has not retained any copies, abstracts, compilations, summaries
13 or any other format reproducing or capturing any of the Protected Material.
14 Notwithstanding this provision, Counsel are entitled to retain an archival copy of
15 all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
16 memoranda, correspondence, deposition and trial exhibits, expert reports,
17 attorney work product, and consultant and expert work product, even if such
18 materials contain Protected Material. Any such archival copies that contain or

19 constitute Protected Material remain subject to this ProtectiveOrder as set forth
20 in Section V.
21 B. Any violation of this Order may be punished by any and all appropriate
22 measures including, without limitation, contempt proceedings and/or monetary
23 sanctions.
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1
2 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
3
Dated: April 5, 2022 /s/ Randall J. Clement
4 CLEMENT AND HO, APLC
Attorneys for Plaintiff
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6 Dated: April 5, 2022 /s/ Michael C. Guasco
BUTY & CURLIANO LLP
7 Attorneysfor Defendant
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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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10 Dated: April 8, 2022 /s/ Autumn D. Spaeth
HONORABLE AUTUMN D. SPAETH
11 United States Magistrate Judge
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Case 2:21-cv-08228-ADS Document 20 Filed 04/08/22 Page 21 of 21 Page ID #:122

1 EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2
3 I, [print or type full name], of
4 [print or type full address], declare under penalty of perjury that I
5 have read in its entirety and understand the Stipulated Protective Order that was issue
6 by the United States District Court for the Central District of California on [DATE] in
7 the case of [insert formal name of the case and the
8 number and initials assigned to it by the Court]. I agree to comply with and to be
9 bound by all the terms of this Stipulated Protective Order and I understand and
10 acknowledge that failure to so comply could expose me to sanctions and punishment in
11 the nature of contempt. I solemnly promise that I will not disclose in any manner any
12 information or item that is subject to this Stipulated Protective Order to any person or
13 entity except in strict compliance with the provisions of this Order.
14 I further agree to submit to the jurisdiction of the United States District Court
15 for the Central District of California for the purpose of enforcing the terms of this
16 Stipulated Protective Order, even if such enforcement proceedings occur after
17 termination of this action. I hereby appoint [print or
18 typefull name] of [print or type full address and

19 telephone number] as my California agent for service of process in connection with this
20 action or any proceedings related to enforcement of this Stipulated Protective Order.
21 Date:
22 City and State where sworn and signed:
23 Printed Name:
24 Signature:

21

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9979557. Public record. Not legal advice.