Opinion

WSYLAX, LLC v. True Lacrosse, LLC

Court: District Court, C.D. California
Filed: Aug 26, 2022
Cited by: 0 cases
Authority: More cited than 16.4%

distinguishing “good cause” showing for sealing documents produced in 18 || discovery from “compelling reasons” standard when merits-related documents are 19 || part of court record

How later courts described this case

distinguishing “good cause” showing for sealing documents produced in 18 || discovery from “compelling reasons” standard when merits-related documents are 19 || part of court record

Written by the judges who cited it.

The opinion

Case 2|/P1-cv-09880-ODW-AFM Document 23 Filed 08/26/22 Page1of17 Page ID #:139

1|| Kelly Cunningham SBN 186229)

<cunningham(@ecjfaw.com

2 || Isabelle Vidro ( 324273)

Widro@ecan com

3 || ERVIN COHEN & JESSUP LLP

9401 Wilshire Boulevard, Ninth Floor

4 || Beverly Hills, California 90212-2974

Telephone OW 273-6333

§ || Facsimile (310) 859-2325

6 itomeys for Plaintiffs

WSYLAX, LLC

REID E. DAMMANN (SBN: 249031)

8 nefanneraningt ers Conn

JULIANA C. FERRAZ (SBN: 293851)

9 Lemraci-grsm.com

IOLAINE BRUNET (SBN: 305609)

0, 10 □□ Secon

0. GORDON REES SCULLY MANSUKHANTI, LLP

5 11 || 633 West Fifth Street, 52 floor

wn Los Angeles, CA 90071

Lu 12 || Telephone: Gb) 576-5065

~ Facsimile: (213) 680-4470

ww 13

Zz Attorneys for Defendant

> 14 || TRUE LACROSSE, LLC

S 15 UNITED STATES DISTRICT COURT

= 16 CENTRAL DISTRICT OF CALIFORNIA

Lij 17

18 || WSYLAX, LLC, a Delaware Limited Case No. 2:21-cv-9880-ODW (AFM)

Liability Company,

19 {PROPOSED} PROTECTIVE

Plaintiff, ORDER

V. Hon. Alexander F. MacKinnon

TRUE LACROSSE, LLC, a Illinois

22 Pimited Liability Company; and DOES | Action Filed: December 22, 2021

Defendants.

25 || AND COUNTERCLAIMS

17959.1:10672440.2

STIPULATED PROTECTIVE ORDER

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1}/1. INTRODUCTION

2 1.1 Purposes and Limitations. Discovery in this action is likely to involve

3 || production of confidential, proprietary, or private information for which special

4 || protection from public disclosure and from use for any purpose other than

5 || prosecuting this litigation may be warranted. Accordingly, the parties hereby

6 || stipulate to and petition the Court to enter the following Stipulated Protective

7 || Order. The parties acknowledge that this Order does not confer blanket protections

8 || on all disclosures or responses to discovery and that the protection it affords from

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

10 || entitled to confidential treatment under the applicable legal principles. The parties

5 11 || further acknowledge, as set forth in Section 12.3, below, that this Stipulated

□□ 12 || Protective Order does not entitle them to file confidential information under seal;

13 || Civil Local Rule 79-5 sets forth the procedures that must be followed and the

a 14 || standards that will be applied when a party seeks permission from the court to file

S 15 || material under seal.

= 16 1.2. Good Cause Statement. This action is likely to involve trade secrets,

a 17 || customer and pricing lists and other valuable research, development, commercial,

18 || financial, technical and/or proprietary information for which special protection

19 || from public disclosure and from use for any purpose other than prosecution of this

20 || action is warranted. Such confidential and proprietary materials and information

21 || consist of, among other things, confidential business or financial information,

22 || information regarding confidential business practices, or other confidential

23 || research, development, or commercial information (including information

24 || implicating privacy rights of third parties), information otherwise generally

25 || unavailable to the public, or which may be privileged or otherwise protected from

26 || disclosure under state or federal statutes, court rules, case decisions, or common

27 ||law. Accordingly, to expedite the flow of information, to facilitate the prompt

28 || resolution of disputes over confidentiality of discovery materials, to adequately

17959.1:10672440.2

STIPULATED PROTECTIVE ORDER

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1 || protect information the parties are entitled to keep confidential, to ensure that the

2 || parties are permitted reasonable necessary uses of such material in preparation for

3 || and in the conduct of trial, to address their handling at the end of the litigation, and

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

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

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

7 || faith belief that it has been maintained in a confidential, non-public manner, and

8 || there is good cause why it should not be part of the public record of this case.

a 10 |} 2. DEFINITIONS

5 ou 2.1 Action: WSYLAX, LLC v. True Lacrosse, LLC, United States District

□□ 12 || Court, Central District of California Case No. 2:21-cv-9880-ODW (AFM).

13 2.2 Challenging Party: a Party or Non-Party that challenges the designation

a 14 || of information or items under this Order.

S 15 2.3. “CONFIDENTIAL” and “CONFIDENTIAL -- ATTORNEY’S EYES

= 16 || ONLY” Information or Items: information (regardless of how it is generated, stored

in 17 || or maintained) or tangible things that qualify for protection under Federal Rule of

18 || Civil Procedure 26(c), and as specified above in the Good Cause Statement.

19 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

20 || their support staff).

21 2.5 Designating Party: a Party or Non-Party that designates information or

22 \|items that it produces in disclosures or in responses to discovery as

23 || “CONFIDENTIAL” or “CONFIDENTIAL -- ATTORNEY’S EYES ONLY.”

24 2.6 Disclosure or Discovery Material: all items or information, regardless

25 || of the medium or manner in which it is generated, stored, or maintained (including,

26 || among other things, testimony, transcripts, and tangible things), that are produced or

27 || generated in disclosures or responses to discovery in this matter.

17959.1:10672440.2

STIPULATED PROTECTIVE ORDER

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1 2.7 Expert: a person with specialized knowledge or experience in a matter

2 || pertinent to the litigation who has been retained by a Party or its counsel to serve as

3 || an expert witness or as a consultant in this Action.

4 2.8 House Counsel: attorneys who are employees of a party to this Action.

5 || House Counsel does not include Outside Counsel of Record or any other outside

6 || counsel.

7 2.9 Non-Party: any natural person, partnership, corporation, association, or

8 || other legal entity not named as a Party to this action.

9 2.10 Qutside Counsel of Record: attorneys who are not employees of a party

10 || to this Action but are retained to represent or advise a party to this Action and have

5 11 || appeared in this Action on behalf of that party or are affiliated with a law firm that

□□ 12 || has appeared on behalf of that party, including support staff.

13 2.11 Party: any party to this Action, including all of its officers, directors,

a 14 || employees, consultants, retained experts, and Outside Counsel of Record (and their

S 15 || support staffs).

= 16 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

in 17 || Discovery Material in this Action.

18 2.13 Professional Vendors: persons or entities that provide litigation support

19||services (e.g., photocopying, videotaping, translating, preparing exhibits or

20 || demonstrations, and organizing, storing, or retrieving data in any form or medium)

21 || and their employees and subcontractors.

22 2.14 Protected Material: any Disclosure or Discovery Material that 1s

23 || designated as “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEY’S EYES

24 || ONLY”.

25 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

26 || from a Producing Party.

17959.1:10672440.2

STIPULATED PROTECTIVE ORDER

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1|/3. SCOPE

2 The protections conferred by this Stipulation and Order cover not only

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

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

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

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

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

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

9 10||4. DURATION

5 11 Once a case proceeds to trial, all of the court-filed information to be introduced

□□ 12 ||that was previously designated as confidential or maintained pursuant to this

13 || protective order becomes public and will be presumptively available to all members

a 14 || of the public, including the press, unless compelling reasons supported by specific

S 15 || factual findings to proceed otherwise are made to the trial judge in advance of the

= 16 || trial. See, Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th

in 17 || Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in

18 || discovery from “compelling reasons” standard when merits-related documents are

19 || part of court record). Accordingly, the terms of this protective order do not extend

20 || beyond the commencement of the trial.

22 || 5. DESIGNATING PROTECTED MATERIAL

23 5.1 Exercise of Restraint and Care in Designating Material for Protection.

24 || Each Party or Non-Party that designates information or items for protection under

25 this Order must take care to limit any such designation to specific material that

26 || qualifies under the appropriate standards. The Designating Party must designate for

27 || protection only those parts of material, documents, items, or oral or written

28 || communications that qualify so that other portions of the material, documents, items,

17959.1:10672440.2

STIPULATED PROTECTIVE ORDER

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1 || or communications for which protection is not warranted are not swept unjustifiably

2 || within the ambit of this Order.

3 Mass, indiscriminate, or routinized designations are prohibited. Designations

4||that are shown to be clearly unjustified or that have been made for an improper

5 || purpose (e.g., to unnecessarily encumber the case development process or to impose

6 || unnecessary expenses and burdens on other parties) may expose the Designating

7 || Party to sanctions.

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

9 || designated for protection do not qualify for protection, that Designating Party must

9 10 || promptly notify all other Parties that it is withdrawing the inapplicable designation.

5 11 5.2 Manner and Timing of Designations. Except as otherwise provided in

□□ 12 ||this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

13 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

a 14 || under this Order must be clearly so designated before the material is disclosed or

S 15 || produced.

S 16 Designation in conformity with this Order requires:

Lu 17 (a) for information in documentary form (e.g., paper or electronic

18 || documents, but excluding transcripts of depositions or other pretrial or trial

19 || proceedings), that the Producing Party affix, at a minimum, the legend

20||““CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY’S EYES ONLY”

21 || (hereinafter “CONFIDENTIAL legend’), to each page that contains protected

22 ||material. If only a portion or portions of the material on a page qualifies for

23 || protection, the Producing Party also must clearly identify the protected portion(s)

24 || (e.g., by making appropriate markings in the margins).

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

26 need not designate them for protection until after the inspecting Party has indicated

27 || which documents it would like copied and produced. During the inspection and

28 || before the designation, all of the material made available for inspection shall be

17959.1:10672440.2

STIPULATED PROTECTIVE ORDER

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1||}deemed “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY’S EYES

□ □□ ONLY.” After the inspecting Party has identified the documents it wants copied and

3 || produced, the Producing Party must determine which documents, or portions thereof,

4|| qualify for protection under this Order. Then, before producing the specified

5 || documents, the Producing Party must affix the “CONFIDENTIAL legend” to each

6 || page that contains Protected Material. If only a portion or portions of the material on

7\|a page qualifies for protection, the Producing Party also must clearly identify the

8 || protected portion(s) (e.g., by making appropriate markings in the margins).

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

9 10 || identify the Disclosure or Discovery Material on the record, before the close of the

5 11 || deposition.

□□ 12 (c) for information produced in some form other than documentary

13 || and for any other tangible items, that the Producing Party affix in a prominent place

a 14 || on the exterior of the container or containers in which the information is stored the

S 15 || legend “CONFIDENTIAL.” If only a portion or portions of the information warrants

S 16 || protection, the Producing Party, to the extent practicable, shall identify the protected

Lu 17 || portion(s).

18 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent

19 || failure to designate qualified information or items does not, standing alone, waive

20 || the Designating Party’s right to secure protection under this Order for such material.

21 || Upon timely correction of a designation, the Receiving Party must make reasonable

22 || efforts to assure that the material is treated in accordance with the provisions of this

23 || Order.

24 5.4 Productions by Third Parties. If a party believes that documents

25 || produced in response to a subpoena to a third party may contain documents which

26||are confidential and proprietary and would be properly designated as

27 || “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY’S EYES ONLY” such

28 || party may notify the subpoenaing party in writing prior to the designated production

17959.1:10672440.2

STIPULATED PROTECTIVE ORDER

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1|/date that it expects confidential and proprietary information may be provided.

2 || Following such written notice and upon receipt of the documents to all parties, all

3 || documents provided in response to the subpoena shall be provisionally designated

4 || “CONFIDENTIAL” for five court days. During such time any party may designate

5||documents provided in response to such subpoena “CONFIDENTIAL” as

6 || appropriate under this protective order.

8 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

9 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

5 11 || Scheduling Order.

□□ 12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

13 | resolution process under Local Rule 37.1, et seq. Any discovery motion must strictly

> 14 || comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3.

S 15 6.3. Burden. The burden of persuasion in any such challenge proceeding

= 16 ||shall be on the Designating Party. Frivolous challenges, and those made for an

in 17 || improper purpose (e.g., to harass or impose unnecessary expenses and burdens on

18 || other parties) may expose the Challenging Party to sanctions. Unless the Designating

19 || 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

21 || entitled under the Producing Party’s designation until the Court rules on the

22 || challenge.

24 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL

25 7.1 Basic Principles. A Receiving Party may use Protected Material that is

26 || disclosed or produced by another Party or by a Non-Party in connection with this

27|| Action only for prosecuting, defending, or attempting to settle this Action. Such

28 || Protected Material may be disclosed only to the categories of persons and under the

17959.1:10672440.2

STIPULATED PROTECTIVE ORDER

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1||conditions described in this Order. When the Action has been terminated, a

2||Receiving Party must comply with the provisions of section 13 below (FINAL

3 || DISPOSITION).3.9

4 Protected Material must be stored and maintained by a Receiving Party at

5 || alocation and in a secure manner that ensures that access is limited to the persons

6 || authorized under this Order.

7 7.2 Disclosure _of “CONFIDENTIAL” Information or Items. Unless

8 || otherwise ordered by the Court or permitted in writing by the Designating Party, a

9||Receiving Party may disclose any information or item designated

9 10 || “CONFIDENTIAL” only to:

5 11 (a) the Receiving Party’s Outside Counsel of Record in this Action,

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

w 13 || necessary to disclose the information for this Action;

a 14 (b) the officers, directors, and employees (including House Counsel)

S 15 || of the Receiving Party to whom disclosure is reasonably necessary for this Action;

S 16 (c) | Experts (as defined in this Order) of the Receiving Party to whom

LJ 17||disclosure is reasonably necessary for this Action and who have signed the

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

19 (d) the Court and its personnel;

20 (e) court reporters and their staff;

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

22 || Professional Vendors to whom disclosure is reasonably necessary for this Action and

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

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

25 || or a custodian or other person who otherwise possessed or knew the information;

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

27 || in the Action to whom disclosure is reasonably necessary provided: (1) the deposing

28 || party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)

17959.1:10672440.2

STIPULATED PROTECTIVE ORDER

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1 || they will not be permitted to keep any confidential information unless they sign the

2||“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

3 ||agreed by the Designating Party or ordered by the Court. Pages of transcribed

4 || deposition testimony or exhibits to depositions that reveal Protected Material may be

5 || separately bound by the court reporter and may not be disclosed to anyone except as

6 || permitted under this Stipulated Protective Order; and

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

8 || personnel, mutually agreed upon by any of the parties engaged in settlement

9 || discussions.

9 10 7.3. Disclosure of “CONFIDENTIAL- ATTORNEYS’ EYES ONLY”

5 11 || Information or Items. Unless otherwise ordered by the Court or permitted in

□□ 12 || writing by the Designating Party, a Receiving Party may disclose any information

13 || or item designated “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” only to

a 14 || those identified in section 7.2 above, with the exception that information and/or

S 15 || items designated “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” may not,

S 16 || unless otherwise ordered by the Court or permitted in writing by the Designating

Lu 17 || Party, be disclosed to any of the following individuals:

18 (a) any officer, director, or employee (including House Counsel) of

19 || any Receiving Party;

20 (b) any expert (as defined in this Order) of the Receiving Party if

21 ||such expert has or has ever had a financial relationship (other than the retention as

22 || an expert in the present Action) or familial relationship with any Receiving Party.

23 || ///

24 |] ///

25 || ///

26 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

27 PRODUCED IN OTHER LITIGATION

17959.1:10672440.2 10

STIPULATED PROTECTIVE ORDER

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

2 ||that compels disclosure of any information or items designated in this Action as

3 || ““CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY’S EYES ONLY” that

4 || Party must:

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

6 || notification shall include a copy of the subpoena or court order;

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

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

9 || subpoena or order is subject to this Protective Order. Such notification shall include

9 10 ||a copy of this Stipulated Protective Order; and

5 11 (c) cooperate with respect to all reasonable procedures sought to be

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

a 14 || the subpoena or court order shall not produce any information designated in this

S 15 action as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY’S EYES

= 16 || ONLY” before a determination by the court from which the subpoena or order issued,

in 17 || unless the Party has obtained the Designating Party’s permission. The Designating

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

19 ||confidential material and nothing in these provisions should be construed as

20 || authorizing or encouraging a Receiving Party in this Action to disobey a lawful

21 || directive from another court.

23/19. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

24 PRODUCED IN THIS LITIGATION

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

26||by a Non-Party in this Action and designated as “CONFIDENTIAL” or

27 || “CONFIDENTIAL - ATTORNEY’S EYES ONLY”. Such information produced by

28 || Non-Parties in connection with this litigation 1s protected by the remedies and relief

17959.1:10672440.2 ll

STIPULATED PROTECTIVE ORDER

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□□□ provided by this Order. Nothing in these provisions should be construed as

2 || prohibiting a Non-Party from seeking additional protections.

3 (b) Inthe event that a Party is required, by a valid discovery request,

4 || to produce a Non-Party’s confidential information in its possession, and the Party is

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

6 || confidential information, then the Party shall:

7 (1) promptly notify in writing the Requesting Party and the

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

9 confidentiality agreement with a Non-Party;

9 10 (2) promptly provide the Non-Party with a copy of the

5 11 Stipulated Protective Order in this Action, the relevant discovery request(s),

□□ 12 and a reasonably specific description of the information requested; and

a 14 the Non-Party, if requested.

S 15 (c) Ifthe Non-Party fails to seek a protective order from this Court

S 16 || within 14 days of receiving the notice and accompanying information, the Receiving

17|| Party may produce the Non-Party’s confidential information responsive to the

18 || discovery request. If the Non-Party timely seeks a protective order, the Receiving

19 || Party shall not produce any information in its possession or control that is subject to

20||the confidentiality agreement with the Non-Party before a determination by the

21 || Court. Absent a court order to the contrary, the Non-Party shall bear the burden and

22 || expense of seeking protection in this Court of its Protected Material.

26|/|10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

27 Ifa Receiving Party learns that, by inadvertence or otherwise, it has disclosed

28 || Protected Material to any person or in any circumstance not authorized under this

17959.1:10672440.2 12

STIPULATED PROTECTIVE ORDER

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1|| Stipulated Protective Order, the Receiving Party must immediately (a) notify in

2 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

3 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

4 || persons to whom unauthorized disclosures were made of all the terms of this Order,

5 ||and (d) request such person or persons to execute the “Acknowledgment and

6 || Agreement to Be Bound” that is attached hereto as Exhibit A.

8)}11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

9 PROTECTED MATERIAL

10 When a Producing Party gives notice to Receiving Parties that certain

5 11 || inadvertently produced material is subject to a claim of privilege or other protection,

□□ 12 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

13 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

> 14 || may be established in an e-discovery order that provides for production without prior

S 15 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

= 16 || parties reach an agreement on the effect of disclosure of a communication or

in 17 || information covered by the attorney-client privilege or work product protection, the

18 || parties may incorporate their agreement in the stipulated protective order submitted

19 || to the Court.

21)}12. MISCELLANEOUS

22 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

23 || person to seek its modification by the Court in the future.

24 12.2 Right to Assert Other Objections. By stipulating to the entry of this

25 || Protective Order, no Party waives any right it otherwise would have to object to

26 || disclosing or producing any information or item on any ground not addressed in this

27 || Stipulated Protective Order. Similarly, no Party waives any right to object on any

28 || ground to use in evidence of any of the material covered by this Protective Order.

17959.1:10672440.2 13

STIPULATED PROTECTIVE ORDER

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1 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

3||only be filed under seal pursuant to a court order authorizing the sealing of the

4 || specific Protected Material at issue; good cause must be shown in the request to file

5 || under seal. If a Party’s request to file Protected Material under seal is denied by the

6 || Court, then the Receiving Party may file the information in the public record unless

7 || otherwise instructed by the Court.

9|/13. FINAL DISPOSITION

9 10 After the final disposition of this Action, within 60 days of a written request

5 11 || by the Designating Party, each Receiving Party must return all Protected Material to

□□ 12 ||the Producing Party or destroy such material. As used in this subdivision, “all

a 14 || other format reproducing or capturing any of the Protected Material. Whether the

S 15 || Protected Material is returned or destroyed, the Receiving Party must submit a

= 16 || written certification to the Producing Party (and, if not the same person or entity, to

in 17 || the Designating Party) by the 60 day deadline that (1) identifies (by category, where

18 || appropriate) all the Protected Material that was returned or destroyed and (2) affirms

19 || that the Receiving Party has not retained any copies, abstracts, compilations,

20|;summaries or any other format reproducing or capturing any of the Protected

21 || Material. Notwithstanding this provision, counsel are entitled to retain an archival

22 || copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal

23 || memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

24 || work product, and consultant and expert work product, even if such materials contain

25 || Protected Material. Any such archival copies that contain or constitute Protected

26 || Material remain subject to this Protective Order as set forth in Section 4

27 || (DURATION).

17959.1:10672440.2 14

STIPULATED PROTECTIVE ORDER

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1\/14. Any violation of this Order may be punished by any and all appropriate

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

3 || sanctions.

□ IS SO STIPULATED THROUGH COUNSEL OF RECORD:

6 || DATED: August 26, 2022 ERVIN COHEN & JESSUP LLP

7 Kelly Cunningham

By: /s/ Kelly Cunningham

10 Kelly Cunningham

oO. W Attorneys for Plaintiff

Z WSYLAX, LLC

im 8612

= Dated: August 26, 2022 GORDON REES SCULLY MANSUKHANI, LLP

xs i4 By:

Oo _/s/Reid Dammann

WU 15 Reid E. Dammann

z Juliana C. Ferraz

> 16 Violaine Brunet

ox Attorneys for Defendants

Li} 17 TRUE LACROSSE, LLC

21 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

23|| DATED: 8/26/2022

24 -

26 || Alexander F. MacKinnon

United States Magistrate Judge

17959.1:10672440.2 ] 5

STIPULATED PROTECTIVE ORDER

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Ss 11

Lu 12

= 14

WU 15

S 16

Lu 17

17959.1:10672440.2 ] 6

STIPULATED PROTECTIVE ORDER

Case 2:41-cv-09880-ODW-AFM Document 23 Filed 08/26/22 Page17of17 Page ID#:155

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

4|{I, [print or type full name], of

5 [print or type full address],

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

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

g || Central District of California on [date] in the above-referenced

g || Action, I agree to comply with and to be bound by all the terms of this Stipulated

0 10 || Protective Order and I understand and acknowledge that failure to so comply could

ao 11 || XPose me to sanctions and punishment in the nature of contempt. I solemnly promise

a □ that I will not disclose in any manner any information or item that is subject to this

B Stipulated Protective Order to any person or entity except in strict compliance with

a 14 the provisions of this Order. I further agree to submit to the jurisdiction of the United

S 1s States District Court for the Central District of California for the purpose of enforcing

z 16 the terms of this Stipulated Protective Order, even if such enforcement proceedings

a u occur after termination of this action.

19 (Signature)

21 (City and State where signed)

23 (Date)

17959.1:10672440.2 17

STIPULATED PROTECTIVE ORDER

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