# ALO, LLC v. Italic, Inc.

> District Court, C.D. California · April 20, 2022

URL: https://www.frixlaw.com/law-library/cases/9979649

## Case

- **Court:** District Court, C.D. California
- **Decided:** April 20, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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1

[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
v.
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.
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[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
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[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);
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4

[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.
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[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.
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[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.
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[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.
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[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
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[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.
(c) for information produced in some form other than documentary and
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.
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[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;
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[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;
(c) 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) 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
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[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);
(c) the court and its personnel;
(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
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[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
(c) cooperate with respect to all reasonable procedures sought to be
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;
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[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.
(c) If the Non-Party fails to seek a protective order from this court
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
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[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.
/ / /
/ / /
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[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).
///
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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.
20
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
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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[PROPOSED] STIPULATED PROTECTIVE ORDER
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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
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[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: __________________________________

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9979649. Public record. Not legal advice.