Opinion

ALO, LLC v. Italic, Inc.

Court: District Court, C.D. California
Filed: Apr 20, 2022
Cited by: 0 cases
Authority: More cited than 16.3%

even stipulated protective orders require good cause showing

How later courts described this case

even stipulated protective orders require good cause showing

Written by the judges who cited it.

The opinion

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 1 of 19 Page ID #:200

Andrew P. Holland (Bar No. 224737)

aholland@thoits.com

Aaron Wainscoat (Bar No. 218339)

awainscoat@thoits.com

Melissa Zonne (Bar No. 301581)

mzonne@thoits.com

THOITS LAW

400 Main Street, Suite 250

Los Altos, California 94022

Telephone: (650) 327-4200

Facsimile: (650) 325-5572

Attorneys for Plaintiff ALO, LLC

Matthew A. Homyk (pro hac vice)

BLANK ROME LLP

130 N. 18th Street

Philadelphia, PA 19103

(215) 569-5360

mhomyk@blankrome.com

Cheryl Stephanie Chang (SBN 237098)

BLANK ROME LLP

2029 Century Park East

Los Angeles, CA 90067

(424) 239-3400

chang@blankrome.com

Attorneys for Defendant Italic, Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ALO, LLC, a California limited CASE NO.: 2:22-cv-00567-GW-RAO

liability company,

Plaintiff, STIPULATED PROTECTIVE

ORDER1

Scheduling Conference: March 31, 2022

ITALIC, INC., Time: 8:30 a.m.

1 This Stipulated Protective Order is substantially based on the model protective

order provided under Magistrate Judge Rozella A. Oliver’s Procedures.

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 2 of 19 Page ID #:201

Complaint Filed: January 26, 2022

Defendant. Trial Date: Not Set

Plaintiff Alo, LLC (“Plaintiff” or “ALO”) and Defendant Italic, Inc.

(“Defendant” or “Italic”) hereby jointly stipulate and request that this Court

enter the following Protective Order governing the production and use of

confidential information:

1. A. PURPOSES AND LIMITATIONS

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

proprietary, or private information for which special protection from public

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

may be warranted. Accordingly, the parties hereby stipulate to and petition the

Court to enter the following Stipulated Protective Order. The parties

acknowledge that this Order does not confer blanket protections on all

disclosures or responses to discovery and that the protection it affords from

public disclosure and use extends only to the limited information or items that

are entitled to confidential treatment under the applicable legal principles.

B. GOOD CAUSE STATEMENT

This action is likely to involve trade secrets, customer and pricing lists

and other valuable research, development, commercial, financial and/or

technical information for which special protection from public disclosure and

from use for any purpose other than prosecution of this action is warranted.

Such confidential materials and information consist of, among other things,

confidential business or financial information, information regarding purchase

and sale prices of materials by suppliers, manufacturers, importers or

distributors, information regarding business practices, information regarding

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 3 of 19 Page ID #:202

the creation, purchase or sale of consumer products, or other confidential

commercial information (including information implicating privacy rights of

third parties), information generally unavailable to the public, or which may

be privileged or otherwise protected from disclosure under state of federal

rules, court rules, case decisions, or common law. Accordingly, to expedite the

flow of information, to facilitate the prompt resolution of disputes over

confidentiality of discovery materials, to adequately protect information the

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

reasonable necessary uses of such material in preparation for and in the

conduct of trial, to address their handling at the end of the litigation, and serve

the ends of justice, a protective order for such information is justified in this

matter. It is the intent of the parties that information will not be designated as

confidential for tactical reasons and that nothing be so designated without a

good faith belief that it has been maintained in a confidential, non-public

manner, and there is good cause why it should not be part of the public record

of this case.

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING

UNDER SEAL

The parties further acknowledge, as set forth in Section 12.3, below, that

this Stipulated Protective Order does not entitle them to file confidential

information under seal; Local Civil Rule 79-5 sets forth the procedures that

must be followed and the standards that will be applied when a party seeks

permission from the court to file material under seal.

There is a strong presumption that the public has a right of access to

judicial proceedings and records in civil cases. In connection with non-

dispositive motions, good cause must be shown to support a filing under seal.

See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir.

2006); Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002);

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 4 of 19 Page ID #:203

Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999)

(even stipulated protective orders require good cause showing), and a specific

showing of good cause or compelling reasons with proper evidentiary support

and legal justification, must be made with respect to Protected Material that a

party seeks to file under seal. The parties’ mere designation of Disclosure or

Discovery Material as CONFIDENTIAL does not—without the submission of

competent evidence by declaration, establishing that the material sought to be

filed under seal qualifies as confidential, privileged, or otherwise protectable—

constitute good cause.

Further, if a party requests sealing related to a dispositive motion or trial,

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

and the relief sought shall be narrowly tailored to serve the specific interest to

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

Cir. 2010). For each item or type of information, document, or thing sought to

be filed or introduced under seal in connection with a dispositive motion or

trial, the party seeking protection must articulate compelling reasons, supported

by specific facts and legal justification, for the requested sealing order. Again,

competent evidence supporting the application to file documents under seal

must be provided by declaration.

Any document that is not confidential, privileged, or otherwise

protectable in its entirety will not be filed under seal if the confidential portions

can be redacted. If documents can be redacted, then a redacted version for

public viewing, omitting only the confidential, privileged, or otherwise

protectable portions of the document shall be filed. Any application that seeks

to file documents under seal in their entirety should include an explanation of

why redaction is not feasible.

2. DEFINITIONS

2.1 Action: This pending federal law suit.

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 5 of 19 Page ID #:204

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

designation of information or items under this Order.

2.3 “CONFIDENTIAL” Information or Items: information

(regardless of how it is generated, stored or maintained) or tangible things that

qualify for protection under Federal Rule of Civil Procedure 26(c), and as

specified above in the Good Cause Statement.

2.4 “ATTORNEYS EYES ONLY” Information or Items: information

(regardless of how it is generated, stored or maintained) or tangible things that

qualify for protection under Federal Rule of Civil Procedure 26(c), and as

specified above in the Good Cause Statement that, due to the inherent trade

secret nature and competitive advantage maintained by one or both parties is

only viewable by counsel for the parties and other persons specified below.

2.5 Counsel: Outside Counsel of Record and House Counsel (as well

as their support staff).

2.6 Designating Party: a Party or Non-Party that designates

information or items that it produces in disclosures or in responses to

discovery as “CONFIDENTIAL” or “ATTORNEYS EYES ONLY.”

2.7 Disclosure or Discovery Material: all items or information,

regardless of the medium or manner in which it is generated, stored, or

maintained (including, among other things, testimony, transcripts, and tangible

things), that are produced or generated in disclosures or responses to discovery

in this matter.

2.8 Expert: a person with specialized knowledge or experience in a

matter pertinent to the litigation who has been retained by a Party or its

counsel to serve as an expert witness or as a consultant in this Action.

2.9 House Counsel: attorneys who are employed as in-house counsel

to a party to this Action. House Counsel does not include Outside Counsel of

Record or any other outside counsel.

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 6 of 19 Page ID #:205

2.10 Non-Party: any natural person, partnership, corporation,

association, or other legal entity not named as a Party to this action.

2.11 Outside Counsel of Record: attorneys who are not employees of a

party to this Action but are retained to represent or advise a party to this

Action and have appeared in this Action on behalf of that party or are

affiliated with a law firm which has appeared on behalf of that party, and

includes support staff.

2.12 Party: any party to this Action, including all of its officers,

directors, employees, consultants, retained experts, and Outside Counsel of

Record (and their support staffs).

2.13 Producing Party: a Party or Non-Party that produces Disclosure or

Discovery Material in this Action.

2.14 Professional Vendors: persons or entities that provide litigation

support services (e.g., photocopying, videotaping, translating, preparing

exhibits or demonstrations, and organizing, storing, or retrieving data in any

form or medium) and their employees and subcontractors.

2.15 Protected Material: any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL” or “ATTORNEYS EYES ONLY.”

2.16 Receiving Party: a Party that receives Disclosure or Discovery

Material from a Producing Party.

3. SCOPE

The protections conferred by this Stipulation and Order cover not only

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

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

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

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

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 7 of 19 Page ID #:206

Any use of Protected Material at trial shall be governed by the orders of

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

trial.

4. DURATION

Even after final disposition of this litigation, the confidentiality

obligations imposed by this Order shall remain in effect until a Designating

Party agrees otherwise in writing or a court order otherwise directs. Final

disposition shall be deemed to be the later of (1) dismissal of all claims and

defenses in this Action, with or without prejudice; and (2) final judgment

herein after the completion and exhaustion of all appeals, rehearings, remands,

trials, or reviews of this Action, including the time limits for filing any

motions or applications for extension of time pursuant to applicable law.

5. DESIGNATING PROTECTED MATERIAL

5.1 Exercise of Restraint and Care in Designating Material for

Protection. Each Party or Non-Party that designates information or items for

protection under this Order must take care to limit any such designation to

specific material that qualifies under the appropriate standards. The

Designating Party must designate for protection only those parts of material,

documents, items, or oral or written communications that qualify so that other

portions of the material, documents, items, or communications for which

protection is not warranted are not swept unjustifiably within the ambit of this

Order.

Mass, indiscriminate, or routinized designations are prohibited.

Designations that are shown to be clearly unjustified or that have been made

for an improper purpose (e.g., to unnecessarily encumber the case

development process or to impose unnecessary expenses and burdens on other

parties) may expose the Designating Party to sanctions.

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 8 of 19 Page ID #:207

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

that it designated for protection do not qualify for protection, that Designating

Party must promptly notify all other Parties that it is withdrawing the

inapplicable designation.

5.2 Manner and Timing of Designations. Except as otherwise

provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or

as otherwise stipulated or ordered, Disclosure or Discovery Material that

qualifies for protection under this Order must be clearly so designated before

the material is disclosed or produced.

Designation in conformity with this Order requires:

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

documents, but excluding transcripts of depositions or other

pretrial or trial proceedings), that the Producing Party affix at

a minimum, the legend “CONFIDENTIAL” (hereinafter

“CONFIDENTIAL legend”) or the legend “ATTORNEYS

EYES ONLY” (hereinafter “ATTORNEYS EYES ONLY

legend”), to each page that contains protected material. If only

a portion or portions of the material on a page qualifies for

protection, the Producing Party also must clearly identify the

protected portion(s) (e.g., by making appropriate markings in

the margins).

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

inspection need not designate them for protection until after the inspecting

Party has indicated which documents it would like copied and produced.

During the inspection and before the designation, all of the material made

available for inspection shall be deemed “CONFIDENTIAL” or

“ATTORNEYS EYES ONLY.” After the inspecting Party has identified the

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

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 9 of 19 Page ID #:208

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

Then, before producing the specified documents, the Producing Party must

affix the “CONFIDENTIAL legend” or the “ATTORNEYS EYES ONLY

legend” to each page that contains Protected Material. If only a portion or

portions of the material on a page qualifies for protection, the Producing Party

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

markings in the margins).

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

identify the Disclosure or Discovery Material on the record, before the close

of the deposition all protected testimony.

for any other tangible items, that the Producing Party affix in a prominent

place on the exterior of the container or containers in which the information is

stored the legend “CONFIDENTIAL” or “ATTORNEYS EYES ONLY.” If

only a portion or portions of the information warrants protection, the

Producing Party, to the extent practicable, shall identify the protected

portion(s).

5.3 Inadvertent Failures to Designate. If timely corrected, an

inadvertent failure to designate qualified information or items does not,

standing alone, waive the Designating Party’s right to secure protection under

this Order for such material. Upon timely correction of a designation, the

Receiving Party must make reasonable efforts to assure that the material is

treated in accordance with the provisions of this Order.

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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

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

Scheduling Order.

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 10 of 19 Page ID #:209

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

resolution process under Local Rule 37.1, et seq.

6.3 Burden. The burden of persuasion in any such challenge

proceeding shall be on the Designating Party. Frivolous challenges, and those

made for an improper purpose (e.g., to harass or impose unnecessary expenses

and burdens on other parties) may expose the Challenging Party to sanctions.

Unless the Designating Party has waived or withdrawn the confidentiality

designation, all parties shall continue to afford the material in question the

level of protection to which it is entitled under the Producing Party’s

designation until the Court rules on the challenge.

7. ACCESS TO AND USE OF PROTECTED MATERIAL

7.1 Basic Principles. A Receiving Party may use Protected Material

that is disclosed or produced by another Party or by a Non-Party in connection

with this Action only for prosecuting, defending, or attempting to settle this

Action. Such Protected Material may be disclosed only to the categories of

persons and under the conditions described in this Order. When the Action has

been terminated, a Receiving Party must comply with the provisions of section

13 below (FINAL DISPOSITION).

Protected Material must be stored and maintained by a Receiving Party

at a location and in a secure manner that ensures that access is limited to the

persons authorized under this Order.

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

otherwise ordered by the court or permitted in writing by the Designating

Party, a Receiving Party may disclose any information or item designated

“CONFIDENTIAL” only to:

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

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

necessary to disclose the information for this Action;

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 11 of 19 Page ID #:210

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

the Receiving Party to whom disclosure is reasonably necessary for this

Action;

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

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

(d) the court and its personnel;

(e) court reporters and their staff;

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

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

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

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

custodian or other person who otherwise possessed or knew the information;

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

the Action to whom disclosure is reasonably necessary provided: (1) the

deposing party requests that the witness sign the form attached as Exhibit A

hereto; and (2) they will not be permitted to keep any confidential information

unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit

A), unless otherwise agreed by the Designating Party or ordered by the court.

Pages of transcribed deposition testimony or exhibits to depositions that reveal

Protected Material may be separately bound by the court reporter and may not

be disclosed to anyone except as permitted under this Stipulated Protective

Order; and

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

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

7.3 Disclosure of “ATTORNEYS EYES ONLY” Information or

Items. Unless otherwise ordered by the court or permitted in writing by the

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 12 of 19 Page ID #:211

Designating Party, a Receiving Party may disclose any information or item

designated “ATTORNEYS EYES ONLY” only to:

(a) the Receiving Party’s Outside Counsel of Record in this Action;

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

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

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

(d) court reporters and their staff;

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

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

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

(f) the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;

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

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

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

PRODUCED IN OTHER LITIGATION

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

litigation that compels disclosure of any information or items designated in

this Action as “CONFIDENTIAL” or “ATTORNEYS EYES ONLY,” that

Party must:

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

shall include a copy of the subpoena or court order;

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

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

the subpoena or order is subject to this Protective Order. Such notification

shall include a copy of this Stipulated Protective Order; and

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 13 of 19 Page ID #:212

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

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

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

this action as “CONFIDENTIAL” or “ATTORNEYS EYES ONLY” before a

determination by the court from which the subpoena or order issued, unless

the Party has obtained the Designating Party’s permission. The Designating

Party shall bear the burden and expense of seeking protection in that court of

its confidential material and nothing in these provisions should be construed

as authorizing or encouraging a Receiving Party in this Action to disobey a

lawful directive from another court.

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

PRODUCED IN THIS LITIGATION

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

Non-Party in this Action and designated as “CONFIDENTIAL” or

“ATTORNEYS EYES ONLY.” Such information produced by Non-Parties in

connection with this litigation is protected by the remedies and relief provided

by this Order. Nothing in these provisions should be construed as prohibiting a

Non-Party from seeking additional protections.

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

produce a Non-Party’s confidential information in its possession, and the Party

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

confidential information, then the Party shall:

(1) promptly notify in writing the Requesting Party and the Non-

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

confidentiality agreement with a Non-Party;

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 14 of 19 Page ID #:213

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

Protective Order in this Action, the relevant discovery request(s), and a

reasonably specific description of the information requested; and

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

Non-Party, if requested.

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

Receiving Party may produce the Non-Party’s confidential information

responsive to the discovery request. If the Non-Party timely seeks a protective

order, the Receiving Party shall not produce any information in its possession

or control that is subject to the confidentiality agreement with the Non-Party

before a determination by the court. Absent a court order to the contrary, the

Non-Party shall bear the burden and expense of seeking protection in this

court of its Protected Material.

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

disclosed Protected Material to any person or in any circumstance not

authorized under this Stipulated Protective Order, the Receiving Party must

immediately (a) notify in writing the Designating Party of the unauthorized

disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

Protected Material, (c) inform the person or persons to whom unauthorized

disclosures were made of all the terms of this Order, and (d) request such

person or persons to execute the “Acknowledgment and Agreement to Be

Bound” that is attached hereto as Exhibit A.

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 15 of 19 Page ID #:214

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

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

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

modify whatever procedure may be established in an e-discovery order that

provides for production without prior privilege review. Pursuant to Federal

Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on

the effect of disclosure of a communication or information covered by the

attorney-client privilege or work product protection, the parties may

incorporate their agreement in the stipulated protective order submitted to the

court.

12. MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Order abridges the right

of any person to seek its modification by the Court in the future.

12.2 Right to Assert Other Objections. By stipulating to the entry of

this Protective Order no Party waives any right it otherwise would have to

object to disclosing or producing any information or item on any ground not

addressed in this Stipulated Protective Order. Similarly, no Party waives any

right to object on any ground to use in evidence of any of the material covered

by this Protective Order.

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

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

Material may only be filed under seal pursuant to a court order authorizing the

sealing of the specific Protected Material at issue. If a Party's request to file

Protected Material under seal is denied by the court, then the Receiving Party

may file the information in the public record unless otherwise instructed by

the court.

/ / /

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 16 of 19 Page ID #:215

13. FINAL DISPOSITION

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

within 60 days of a written request by the Designating Party, each Receiving

Party must return all Protected Material to the Producing Party or destroy such

material. As used in this subdivision, “all Protected Material” includes all

copies, abstracts, compilations, summaries, and any other format reproducing

or capturing any of the Protected Material. Whether the Protected Material is

returned or destroyed, the Receiving Party must submit a written certification

to the Producing Party (and, if not the same person or entity, to the

Designating Party) by the 60 day deadline that (1) identifies (by category,

where appropriate) all the Protected Material that was returned or destroyed

and (2) affirms that the Receiving Party has not retained any copies, abstracts,

compilations, summaries or any other format reproducing or capturing any of

the Protected Material. Notwithstanding this provision, Counsel are entitled to

retain an archival copy of all pleadings, motion papers, trial, deposition, and

hearing transcripts, legal memoranda, correspondence, deposition and trial

exhibits, expert reports, attorney work product, and consultant and expert

work product, even if such materials contain Protected Material. Any such

archival copies that contain or constitute Protected Material remain subject to

this Protective Order as set forth in Section 4 (DURATION).

///

Case 2|P2-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page of19 Page ID #:216

1 14. VIOLATION

2 Any violation of this Order may be punished by any and all appropriate

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

4 || sanctions.

5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

Dated: April 19, 2022 THOITS LAW

8 Andrew P. Holland

Aaron Wainscoat

9 Melissa K. Zonne

10 Attorneys for Plaintiff ALO, LLC

2 11

By: /s/ Melissa K. Zonne

= 12 Melissa K. Zonne _

ak Attorneys for Plaintiff

as 13 ALO, LLC

2 é 14

Fu Dated: April 19, 2022 BLANK ROME LLP

: 15 Matthew A Homyk

< 16 Cheryl Stephanie Chang

17 By: /s/ Matthew A. Homyk

18 Matthew A. Homyk

Attorneys for Defendant

19 ITALIC, INC.

21 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

22 .

Razetin Qa. Q2

23 || Dated: April 20, 2022 By:

24 Honorable Rozella A. Oliver

5 United States Magistrate Judge

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 18 of 19 Page ID #:217

L.R. 5-4.3.4 Attestation Regarding Signature

The electronic filer attests that all other signatories listed, and on whose

behalf the filing is submitted, concur in the filing’s content and have

authorized the filing.

Dated: April 19, 2022 By: /s/ Melissa K. Zonne

Melissa K. Zonne

[PROPOSED] STIPULATED PROTECTIVE ORDER

WAL STIOHT

NOITAROPROC LANOISEFORP A

Case 2:22-cv-00567-GW-RAO Document 25 Filed 04/20/22 Page 19 of 19 Page ID #:218

EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, _____________________________ [print or type full name], of

__________________________________ [print or type full address], declare

under penalty of perjury that I have read in its entirety and understand the

Stipulated Protective Order that was issued by the United States District Court

for the Central District of California on _____________ [date] in the case of

ALO, LLC v. Italic, Inc., Case No. 2:22-cv-00567-GW-RAO. I agree to

comply with and to be bound by all the terms of this Stipulated Protective

Order and I understand and acknowledge that failure to so comply could

expose me to sanctions and punishment in the nature of contempt. I solemnly

promise that I will not disclose in any manner any information or item that is

subject to this Stipulated Protective Order to any person or entity except in

strict compliance with the provisions of this Order.

I further agree to submit to the jurisdiction of the United States District

Court for the Central District of California for the purpose of enforcing the

terms of this Stipulated Protective Order, even if such enforcement

proceedings occur after termination of this action. I hereby appoint

__________________________ [print or type full name] of

_______________________________________ [print or type full address and

telephone number] as my California agent for service of process in connection

with this action or any proceedings related to enforcement of this Stipulated

Protective Order.

Date: ______________________________________

City and State where sworn and signed: _______________________________

Printed name: _______________________________

Signature: __________________________________

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.