even stipulated protective orders require 26 good cause showing
How later courts described this case
- even stipulated protective orders require 26 good cause showing
Written by the judges who cited it.
The opinion
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 1 of 16 Page ID #:214
1 Scott Alan Burroughs (SBN 235718)
scott@donigerlawfirm.com
2
Frank R. Trechsel (SBN 312199
3 ftrechsel@donigerlawfirm.com
DONIGER / BURROUGHS
4
603 Rose Avenue
5 Venice California 90291
6
Attorneys for Plaintiffs
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
Lydia Anne Koch p/k/a Lydia Lunch, Case No. 2:21-cv-08696-JFW-JEM
11
an individual; Julia Gorton, an Referred to Hon. John E. McDermott
12 individual,
13
Plaintiffs, STIPULATED PROTECTIVE
14 ORDER
15 vs.
16 Enfants Riches Déprimés, LLC, a
Delaware limited liability company;
17
Atallah Group US, Inc. d/b/a SSENSE, a
18 Delaware corporation; Webster USA,
Inc., a Delaware corporation; Modesens,
19
Inc., a Texas corporation and DOES 1
20 through 10,
21
Defendants.
22
23
24
25
26
27
28
-1-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 2 of 16 Page ID #:215
1. A. PURPOSES AND LIMITATIONS
1
Disclosure and discovery activity in this action are likely to involve
2
production of confidential, proprietary, or private information for which special
3
protection from public disclosure and from use for any purpose other than
4
prosecuting this matter would be warranted. Accordingly, the parties have stipulated
5
to and petitioned this Court to enter the following Stipulated Protective Order. The
6
parties acknowledge that this Order does not confer blanket protections on all
7
disclosures or responses to discovery and that the protection it affords extends only
8
to the limited information or items that are entitled under the applicable legal
9
principles to treatment as confidential. The parties have agreed that the terms of this
10
Protective Order shall also apply to any future voluntary disclosures of confidential,
11
proprietary, or private information. The parties reserve their rights to object to or
12
withhold any information, including confidential, proprietary, or private
13
information, on any other applicable grounds permitted by law, including third-party
14
rights and relevancy.
15
16
B. GOOD CAUSE STATEMENT
17
This action is likely to involve trade secrets, customer and pricing lists and
18
other valuable research, development, commercial, financial, technical and/or
19
proprietary information for which special protection from public disclosure during
20
discovery and from use for any purpose other than prosecution of this action may be
21
warranted. Such confidential and proprietary materials and information consist of,
22
among other things, confidential business or financial information, information
23
regarding confidential business practices, or other confidential research,
24
development, or commercial information (including information implicating privacy
25
rights of third parties), information otherwise generally unavailable to the public, or
26
which may be privileged or otherwise protected from disclosure under state or
27
federal statutes, court rules, case decisions, or common law. Accordingly, to
28
-2-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 3 of 16 Page ID #:216
expedite the flow of information, to facilitate the prompt resolution of disputes over
1
confidentiality of discovery materials, to adequately protect information the parties
2
are entitled to keep confidential, to ensure that the parties are permitted reasonable
3
necessary uses of such material in preparation for and in the conduct of trial, to
4
address their handling at the end of the litigation, and serve the ends of justice, a
5
protective order for such information is justified in this matter. It is the intent of the
6
parties that information will not be designated as confidential for tactical reasons and
7
that nothing be so designated without a good faith belief that it has been maintained
8
in a confidential, non-public manner, and there is good cause why it should not be
9
part of the public record of this case. The parties understand and acknowledge that
10
this Protective Order does not govern the use of materials at trial. Any motions for
11
protective order or requests that documents be maintained under seal must be made
12
to the judicial officer handling the trial.
13
14
C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
15
The parties further acknowledge, as set forth in Section 12.3, below, that this
16
Stipulated Protective Order does not entitle them to file confidential information
17
under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
18
and the standards that will be applied when a party seeks permission from the court
19
to file material under seal.
20
There is a strong presumption that the public has a right of access to judicial
21
proceedings and records in civil cases. In connection with non-dispositive motions,
22
good cause must be shown to support a filing under seal. See Kamakana v. City and
23
County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
24
Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
25
Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require
26
good cause showing), and a specific showing of good cause or compelling reasons
27
with proper evidentiary support and legal justification, must be made with respect to
28
-3-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 4 of 16 Page ID #:217
Protected Material that a party seeks to file under seal. The parties’ mere designation
1
of Disclosure or Discovery Material as CONFIDENTIAL does not—without the
2
submission of competent evidence by declaration, establishing that the material
3
sought to be filed under seal qualifies as confidential, privileged, or otherwise
4
protectable—constitute good cause.
5
Further, if a party requests sealing related to a dispositive motion or trial, then
6
compelling reasons, not only good cause, for the sealing must be shown, and the
7
relief sought shall be narrowly tailored to serve the specific interest to be protected.
8
See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
9
each item or type of information, document, or thing sought to be filed or introduced
10
under seal in connection with a dispositive motion or trial, the party seeking
11
protection must articulate compelling reasons, supported by specific facts and legal
12
justification, for the requested sealing order. Again, competent evidence supporting
13
the application to file documents under seal must be provided by declaration.
14
Any document that is not confidential, privileged, or otherwise protectable in
15
its entirety will not be filed under seal if the confidential portions can be redacted. If
16
documents can be redacted, then a redacted version for public viewing, omitting
17
only the confidential, privileged, or otherwise protectable portions of the document,
18
shall be filed. Any application that seeks to file documents under seal in their
19
entirety should include an explanation of why redaction is not feasible.
20
21
2. DEFINITIONS
22
2.1 Action: This pending federal lawsuit.
23
2.2 Challenging Party: a Party or Non-Party that challenges the designation
24
of information or items under this Order.
25
2.3.1 “CONFIDENTIAL” Information or Items: information (regardless of
26
how it is generated, stored or maintained) or tangible things that qualify for
27
protection under Federal Rule of Civil Procedure 26(c), and as specified above in the
28
-4-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 5 of 16 Page ID #:218
Good Cause Statement.
1
2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
2
their support staff).
3
2.5 Designating Party: a Party or Non-Party that designates information or
4
items that it produces in disclosures or in responses to discovery as
5
“CONFIDENTIAL.”
6
2.6 Disclosure or Discovery Material: all items or information, regardless
7
of the medium or manner in which it is generated, stored, or maintained (including,
8
among other things, testimony, transcripts, and tangible things), that are produced or
9
generated in disclosures or responses to discovery in this matter.
10
2.7 Expert: a person with specialized knowledge or experience in a matter
11
pertinent to the litigation who has been retained by a Party or its counsel to serve as
12
an expert witness or as a consultant in this Action.
13
2.8 House Counsel: attorneys who are employees of a party to this Action.
14
House Counsel does not include Outside Counsel of Record or any other outside
15
counsel.
16
2.9 Non-Party: any natural person, partnership, corporation, association or
17
other legal entity not named as a Party to this action.
18
2.10 Outside Counsel of Record: attorneys who are not employees of a party
19
to this Action but are retained to represent or advise a party to this Action and have
20
appeared in this Action on behalf of that party or are affiliated with a law firm that
21
has appeared on behalf of that party, and includes support staff.
22
2.11 Party: any party to this Action, including all of its officers, directors,
23
employees, consultants, retained experts, and Outside Counsel of Record (and their
24
support staffs).
25
2.12 Producing Party: a Party or Non-Party that produces Disclosure or
26
Discovery Material in this Action.
27
2.13 Professional Vendors: persons or entities that provide litigation support
28
-5-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 6 of 16 Page ID #:219
services (e.g., photocopying, videotaping, translating, preparing exhibits or
1
demonstrations, and organizing, storing, or retrieving data in any form or medium)
2
and their employees and subcontractors.
3
2.14 Protected Material: any Disclosure or Discovery Material that is
4
designated as “CONFIDENTIAL.”
5
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
6
from a Producing Party.
7
8
3. SCOPE
9
The protections conferred by this Stipulation and Order cover not only
10
Protected Material (as defined above), but also (1) any information copied or
11
extracted from Protected Material; (2) all copies, excerpts, summaries, or
12
compilations of Protected Material; and (3) any testimony, conversations, or
13
presentations by Parties or their Counsel that might reveal Protected Material.
14
Any use of Protected Material at trial shall be governed by the orders of the
15
trial judge. This Order does not govern the use of Protected Material at trial.
16
17
4. DURATION
18
Even after the termination of this action, the confidentiality obligations
19
imposed by this Order shall remain in effect until a Designating Party agrees
20
otherwise in writing or a court order otherwise directs. Final disposition shall be
21
deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
22
or without prejudice; or (2) final judgment after the completion and exhaustion of all
23
24 appeals, re-hearings, remands, trials, or reviews of this Action, including the time
25 limits for filing any motions or applications for extension of time pursuant to
26 applicable law.
//
27
//
28
-6-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 7 of 16 Page ID #:220
5. DESIGNATING PROTECTED MATERIAL
1
5.1 Exercise of Restraint and Care in Designating Material for Protection.
2
Each Party or Non-Party that designates information or items for protection under
3
this Order must take care to limit any such designation to specific material that
4
qualifies under the appropriate standards. The Designating Party must designate for
5
protection only those parts of material, documents, items or oral or written
6
communications that qualify so that other portions of the material, documents, items
7
or communications for which protection is not warranted are not swept unjustifiably
8
within the ambit of this Order.
9
Mass, indiscriminate or routinized designations are prohibited. Designations
10
that are shown to be clearly unjustified or that have been made for an improper
11
purpose (e.g., to unnecessarily encumber the case development process or to impose
12
unnecessary expenses and burdens on other parties) may expose the Designating
13
Party to sanctions.
14
If it comes to a Designating Party’s attention that information or items that it
15
designated for protection do not qualify for protection, that Designating Party must
16
promptly notify all other Parties that it is withdrawing the inapplicable designation.
17
5.2 Manner and Timing of Designations. Except as otherwise provided in
18
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
19
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
20
under this Order must be clearly so designated before the material is disclosed or
21
produced.
22
Designation in conformity with this Order requires:
23
(a) for information in documentary form (e.g., paper or electronic
24
documents, but excluding transcripts of depositions or other pretrial or trial
25
proceedings), that the Producing Party affix at a minimum, the legend
26
“CONFIDENTIAL”, as may be appropriate, (hereinafter “CONFIDENTIAL
27
legend”), to each page that contains protected material. If only a portion of the
28
-7-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 8 of 16 Page ID #:221
material on a page qualifies for protection, the Producing Party also must clearly
1
identify the protected portion(s) (e.g., by making appropriate markings in the
2
margins).
3
A Party or Non-Party that makes original documents available for inspection
4
need not designate them for protection until after the inspecting Party has indicated
5
which documents it would like copied and produced. During the inspection and
6
before the designation, all of the material made available for inspection shall be
7
deemed “CONFIDENTIAL.” After the inspecting Party has identified the
8
documents it wants copied and produced, the Producing Party must determine which
9
documents, or portions thereof, qualify for protection under this Order. Then, before
10
producing the specified documents, the Producing Party must affix the
11
“CONFIDENTIAL legend” to each page that contains Protected Material. If only a
12
portion of the material on a page qualifies for protection, the Producing Party also
13
must clearly identify the protected portion(s) (e.g., by making appropriate markings
14
in the margins).
15
(b) for testimony given in depositions that the Designating Party identifies
16
the Disclosure or Discovery Material on the record, before the close of the
17
deposition all protected testimony.
18
(c) for information produced in some form other than documentary and for
19
any other tangible items, that the Producing Party affix in a prominent place on the
20
exterior of the container or containers in which the information is stored the legend
21
“CONFIDENTIAL” as may be appropriate. If only a portion or portions of the
22
information warrants protection, the Producing Party, to the extent practicable, shall
23
identify the protected portion(s).
24
5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
25
failure to designate qualified information or items does not, standing alone, waive
26
the Designating Party’s right to secure protection under this Order for such material.
27
Upon timely correction of a designation, the Receiving Party must make reasonable
28
-8-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 9 of 16 Page ID #:222
efforts to assure that the material is treated in accordance with the provisions of this
1
Order.
2
3
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
4
6.1 Timing of Challenges. Any Party or Non-Party may challenge a
5
designation of confidentiality at any time that is consistent with the Court’s
6
Scheduling Order.
7
6.2 Meet and Confer. The Challenging Party shall initiate the dispute
8
resolution process under Local Rule 37.1 et seq.
9
6.3 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
18
7. ACCESS TO AND USE OF PROTECTED MATERIAL
19
7.1 Basic Principles. A Receiving Party may use Protected Material that is
20
disclosed or 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. Such
22
Protected Material may be disclosed only to the categories of persons and under the
23
conditions described in this Order. When the Action has been terminated, a
24
Receiving Party must comply with the provisions of section 13 below (FINAL
25
DISPOSITION).
26
Protected Material must be stored and maintained by a Receiving Party at a
27
location and in a secure manner that ensures that access is limited to the persons
28
-9-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 10 of 16 Page ID #:223
authorized under this Order.
1
7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
2
otherwise ordered by the court or permitted in writing by the Designating Party, a
3
Receiving Party may disclose any information or item designated
4
“CONFIDENTIAL” only to:
5
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well
6
as employees of said Outside Counsel of Record to whom it is reasonably necessary
7
to disclose the information for this Action;
8
(b) the officers, directors, and employees (including House Counsel) of the
9
Receiving Party to whom disclosure is reasonably necessary for this Action;
10
(c) Experts (as defined in this Order) of the Receiving Party to whom
11
disclosure is reasonably necessary for this Action and who have signed the
12
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
13
(d) the court and its personnel;
14
(e) court reporters and their staff;
15
(f) professional jury or trial consultants, mock jurors, and Professional
16
Vendors to whom disclosure is reasonably necessary for this Action and who have
17
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18
(g) the author or recipient of a document containing the information or a
19
custodian or other person who otherwise possessed or knew the information;
20
(h) during their depositions, witnesses, and attorneys for witnesses, in the
21
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
22
requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
23
not be permitted to keep any confidential information unless they sign the
24
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
25
agreed by the Designating Party or ordered by the court. Pages of transcribed
26
deposition testimony or exhibits to depositions that reveal Protected Material may be
27
separately bound by the court reporter and may not be disclosed to anyone except as
28
-10-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 11 of 16 Page ID #:224
permitted under this Stipulated Protective Order; and
1
(i) any mediator or settlement officer, and their supporting personnel,
2
mutually agreed upon by any of the parties engaged in settlement discussions.
3
4
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
5
IN OTHER LITIGATION
6
If a Party is served with a subpoena or a court order issued in other litigation
7
that compels disclosure of any information or items designated in this Action as
8
“CONFIDENTIAL,” that Party must:
9
(a) promptly notify in writing the Designating Party. Such notification
10
shall include a copy of the subpoena or court order;
11
(b) promptly notify in writing the party who caused the subpoena or order
12
to issue in the other litigation that some or all of the material covered by the
13
subpoena or order is subject to this Protective Order. Such notification shall include
14
a copy of this Stipulated Protective Order; and
15
(c) cooperate with respect to all reasonable procedures sought to be
16
pursued by the Designating Party whose Protected Material may be affected.
17
If the Designating Party timely seeks a protective order, the Party served with
18
the subpoena or court order shall not produce any information designated in this
19
action as “CONFIDENTIAL” before a determination by the court from which the
20
subpoena or order issued, unless the Party has obtained the Designating Party’s
21
permission. The Designating Party shall bear the burden and expense of seeking
22
protection in that court of its confidential material and nothing in these provisions
23
should be construed as authorizing or encouraging a Receiving Party in this Action
24
to disobey a lawful directive from another court.
25
26
9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
27
PRODUCED IN THIS LITIGATION
28
-11-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 12 of 16 Page ID #:225
(a) The terms of this Order are applicable to information produced by a
1
Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
2
produced by Non-Parties in connection with this litigation is protected by the
3
remedies and relief provided by this Order. Nothing in these provisions should be
4
construed as prohibiting a Non-Party from seeking additional protections.
5
(b) In the event that a Party is required, by a valid discovery request, to
6
produce a Non-Party’s confidential information in its possession, and the Party is
7
subject to an agreement with the Non-Party not to produce the Non-Party’s
8
confidential information, then the Party shall:
9
(1) promptly notify in writing the Requesting Party and the Non-Party
10
that some or all of the information requested is subject to a confidentiality agreement
11
with a Non-Party;
12
(2) promptly provide the Non-Party with a copy of the Stipulated
13
Protective Order in this Action, the relevant discovery request(s), and a reasonably
14
specific description of the information requested; and
15
(3) make the information requested available for inspection by the Non-
16
Party, if requested.
17
(c) If the Non-Party fails to seek a protective order from this court within
18
14 days of receiving the notice and accompanying information, the Receiving Party
19
may produce the Non-Party’s confidential information responsive to the discovery
20
request. If the Non-Party timely seeks a protective order, the Receiving Party shall
21
not produce any information in its possession or control that is subject to the
22
confidentiality agreement with the Non-Party before a determination by the court.
23
Absent a court order to the contrary, the Non-Party shall bear the burden and
24
expense of seeking protection in this court of its Protected Material.
25
10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
26
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
27
Protected Material to any person or in any circumstance not authorized under this
28
-12-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 13 of 16 Page ID #:226
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
1
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
2
to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
3
persons to whom unauthorized disclosures were made of all the terms of this Order,
4
and (d) request such person or persons to execute the “Acknowledgment and
5
Agreement to Be Bound” that is attached hereto as Exhibit A.
6
7
11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
8
PROTECTED MATERIAL
9
When a Producing Party gives notice to Receiving Parties that certain
10
inadvertently produced material is subject to a claim of privilege or other protection,
11
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
12
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
13
may be established in an e-discovery order that provides for production without prior
14
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
15
parties reach an agreement on the effect of disclosure of a communication or
16
information covered by the attorney-client privilege or work product protection, the
17
parties may incorporate their agreement in the stipulated protective order submitted
18
to the court.
19
20
12. MISCELLANEOUS
21
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
22
person to seek its modification by the Court in the future.
23
12.2 Right to Assert Other Objections. By stipulating to the entry of this
24
Protective Order, no Party waives any right it otherwise would have to object to
25
disclosing or producing any information or item on any ground not addressed in this
26
Stipulated Protective Order. Similarly, no Party waives any right to object on any
27
ground to use in evidence of any of the material covered by this Protective Order.
28
-13-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 14 of 16 Page ID #:227
12.3 Filing Protected Material. A Party that seeks to file under seal any
1
Protected Material must comply with Local Civil Rule 79-5. Protected Material may
2
only be filed under seal pursuant to a court order authorizing the sealing of the
3
specific Protected Material at issue. If a Party’s request to file Protected Material
4
under seal is denied by the court, then the Receiving Party may file the information
5
in the public record unless otherwise instructed by the court
6
7
13. FINAL DISPOSITION
8
After the final disposition of this Action, as defined above in Section 4, within
9
sixty (60) days of a written request by the Designating Party, each Receiving Party
10
must return all Protected Material to the Producing Party or destroy such material.
11
12 As used in this subdivision, “all Protected Material” includes all copies, abstracts,
13 compilations, summaries, and any other format of Protected Material. Whether the
14 Protected Material is returned or destroyed, the Receiving Party must submit a
15 written certification to the Producing Party (and, if not the same person or entity, to
16 the Designating Party) by the sixty (60) day deadline that (1) identifies (by category,
17 where appropriate) all the Protected Material that was returned or destroyed and (2)
18 affirms that the Receiving Party has not retained any copies, abstracts, compilations,
19 summaries or any other format of the Protected Material. Notwithstanding this
20 provision, Counsel are entitled to retain an archival copy of all pleadings, motion
21 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
22 deposition and trial exhibits, expert reports, attorney work product, and consultant
23 and expert work product, even if such materials contain Protected Material. Any
24 such archival copies that contain or constitute Protected Material remain subject to
25 this Order.
26 //
27 //
28
-14-
STIPULATED PROTECTIVE ORDER
se 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 15o0f16 Page ID #:248
1 || fT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
Dated: July 29, 2022 By: /s/Scott Alan Burroughs
3 Scott Alan Burroughs, Esq.
4 Frank R. Trechsel, Esq.
5 Attorneys for Plaintiffs
6 || Dated: July 29, 2022 By: /s/Alan R. Kossoff
Alan R. Kossoff, Esq.
7 Jonathan P. Steinsapir, Esq.
8 Attorneys for Defendant
9
10 || Dated: July 29, 2022 By: /s/Jaime Bianca Herren
Wl Jaime Bianca Herren, Esq.
Daniel J. Barsky, Esq.
12 Attorneys for Defendant
13 Dated: July 29, 2022 By: /s/Cary Ames Kinkead
14 Cary Ames Kinkead, Esq.
15 Attorneys for Defendant
16
M7 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
18
19 Date: 7/29/22
20 ON. JOHN E. MCDERMOTT
1 ‘SS. MAGISTRATE JUDGE
22
23
24
25
26
27
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STIPULATED PROTECTIVE ORDER
Case 2:21-cv-08696-JFW-JEM Document 43 Filed 07/29/22 Page 16 of 16 Page ID #:229
EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I, _____________________________ [print or type full name], of
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_________________ [print or type full address], declare under penalty of perjury
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that I have read in its entirety and understand the Stipulated Protective Order that
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was issued by the United States District Court for the Central District of California
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on [date] in the case of Lydia Anne Koch et al. v. Enfants Riches Déprimés, LLC et
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al., Case No. 2:21−cv−08696−JFW−JEM. I agree to comply with and to be bound
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by all the terms of this Stipulated Protective Order and I understand and
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acknowledge that failure to so comply could expose me to sanctions and punishment
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in the nature of contempt. I solemnly promise that I will not disclose in any manner
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any information or item that is subject to this Stipulated Protective Order to any
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person or entity except in strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court for the
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Central District of California for enforcing the terms of this Stipulated Protective
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Order, even if such enforcement proceedings occur after termination of this action. I
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hereby appoint __________________________ [print or type full name] of
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_______________________________________ [print or type full address and
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telephone number] as my California agent for service of process in connection with
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this action or any proceedings related to enforcement of this Stipulated Protective
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Order.
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Date: ______________________________________
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City and State where sworn and signed: _________________________________
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Printed name: _______________________________
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Signature: __________________________________
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STIPULATED PROTECTIVE ORDER