# EVO Brands, LLC v. Al Khalifa Group LLC

> District Court, C.D. California · October 24, 2022

URL: https://www.frixlaw.com/law-library/cases/9981522

## Case

- **Court:** District Court, C.D. California
- **Decided:** October 24, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 1 of 18 Page ID #:308

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7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
EVO Brands, LLC, a Delaware
11 Case No: 2:22-cv-03909-AB-MAR
limited liability company; and
12 PVG2, LLC, a Delaware limited
liability company, [PROPOSED] STIPULATED
13 PROTECTIVE ORDER

14 Plaintiff,

15
v.
16
Al Khalifa Group LLC, California
17
Limited Liability Company;
18 Overseek Investments, LLC, a
California Limited Liability
19
Corporation; Xtra EcigLLC, a
20 California Limited Liability
Corporation; Mohammad Khalifa,
21
an individual; Abbas Khalifa, an
22 individual; and Omar Fdawi, an
individual;
23

24
Defendants.
25
26
1. INTRODUCTION
27
1.1. PURPOSES AND LIMITATIONS
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Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 2 of 18 Page ID #:309

1 Discovery in this action is likely to involve production of confidential,
2 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.
3
Accordingly, the parties hereby stipulate to and petition the Court to enter the
4
following Stipulated Protective Order. The parties acknowledge that this Order does
5
not confer blanket protections on all disclosures or responses to discovery and that
6
the protection it affords from public disclosure and use extends only to the limited
7
information or items that are entitled to confidential treatment under the applicable
8
legal principles. The parties further acknowledge, as set forth in Section 12.3, below,
9
that this Stipulated Protective Order does not entitle them to file confidential
10
information under seal; Civil Local Rule 79-5 sets forth the procedures that must be
11
followed and the standards that will be applied when a party seeks permission from
12
the court to file material under seal.
13 1.2. GOOD CAUSE STATEMENT
14 This action is likely to involve trade secrets, customer and pricing lists and
15 other valuable research, development, commercial, financial, technical and/or
16 proprietary information for which special protection from public disclosure and from
17 use for any purpose other than prosecution of this action is warranted. Such
18 confidential and proprietary materials and information consist of, among other things,
19 confidential business or financial information, information regarding confidential
20 business practices, or other confidential research, development, or commercial
information (including information implicating privacy rights of third parties),
21
information otherwise generally unavailable to the public, or which may be privileged
22
or otherwise protected from disclosure under state or federal statutes, court rules, case
23
decisions, or common law. Accordingly, to expedite the flow of information, to
24
facilitate the prompt resolution of disputes over confidentiality of discovery materials,
25
to adequately protect information the parties are entitled to keep confidential, to
26
ensure that the parties are permitted reasonable necessary uses of such material in
27
preparation for and in the conduct of trial, to address their handling at the end of the
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Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 3 of 18 Page ID #:310

1 litigation, and serve the ends of justice, a protective order for such information is
2 justified in this matter. It is the intent of the parties that information will not be
designated as confidential or attorneys eyes’ only for tactical reasons and that
3
nothing be so designated without a good faith belief that it has been maintained in a
4
confidential, non-public manner, and there is good cause why it should not be part of
5
the public record of this case, or in the case of the most competitively sensitive
6
material, why it should be produced solely on an attorneys’ eyes only basis.
7
1.3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
8
SEAL
9
The parties further acknowledge, as set forth in Section 12.3, below, that this
10
Stipulated Protective Order does not entitle them to file confidential information
11
under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and
12
the standards that will be applied when a party seeks permission from the court to file
13 material under seal.
14 There is a strong presumption that the public has a right of access to judicial
15 proceedings and records in civil cases. In connection with non-dispositive motions,
16 good cause must be shown to support a filing under seal. See Kamakana v. City and
17 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
18 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,
19 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
20 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
21
Protected Material that a party seeks to file under seal. The parties’ mere designation
22
of Disclosure or Discovery Material as “CONFIDENTIAL” or “HIGHLY
23
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” does not—without the
24
submission of competent evidence by declaration, establish that the material sought
25
to be filed under seal qualifies as confidential, privileged, or otherwise protectable—
26
constitute good cause.
27
Further, if a party requests sealing related to a dispositive motion or trial, then
28
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Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 4 of 18 Page ID #:311

1 compelling reasons, not only good cause, for the sealing must be shown, and the relief
2 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
3
or type of information, document, or thing sought to be filed or introduced under seal
4
in connection with a dispositive motion or trial, the party seeking protection must
5
articulate compelling reasons, supported by specific facts and legal justification, for
6
the requested sealing order. Again, competent evidence supporting the application to
7
file documents under seal must be provided by declaration.
8
Any document that is not confidential, privileged, or otherwise protectable in
9
its entirety will not be filed under seal if the confidential portions can be redacted. If
10
documents can be redacted, then a redacted version for public viewing, omitting only
11
the confidential, privileged, or otherwise protectable portions of the document, shall
12
be filed. Any application that seeks to file documents under seal in their entirety
13 should include an explanation of why redaction is not feasible.
14
15 2. DEFINITIONS
16 2.1 Action: EVO BRANDS, LLC, et al. v. AL KHALIFA GROUP LLC, et
17 al., No. 2:22-cv-03909-AB-MAR.
18 2.2 Challenging Party: A Party or Non-Party that challenges the
19 designation of information or items under this Order.
20 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of
21 how it is generated, stored or maintained) or tangible things that qualify for protection
22 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
Cause Statement.
23
2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
24
Information or Items: Extremely sensitive “Confidential Information or Items,”
25
disclosure of which to another Party or Non-Party would create a substantial risk of
26
serious harm that could not be avoided by less restrictive means.
27
2.5 Support Staff: any contractor or employee of Counsel’s firm.
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Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 5 of 18 Page ID #:312

1 2.6 Counsel: Outside Counsel of Record (as well as their Support Staff).
2 2.7 Designating Party: A Party or Non-Party that designates information or
items that it produces in disclosures or in responses to discovery as
3
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
4
ONLY.”
5
2.8 Disclosure or Discovery Material: All items or information, regardless
6
of the medium or manner in which it is generated, stored, or maintained (including,
7
among other things, testimony, transcripts, and tangible things), that are produced or
8
generated in disclosures or responses to discovery in this matter.
9
2.9 Expert: A person with specialized knowledge or experience in a matter
10
pertinent to the litigation who has been retained by a Party or its counsel to serve as
11
an expert witness or as a consultant in this Action.
12
2.10 Non-Party: any natural person, partnership, corporation, association, or
13 other legal entity not named as a Party to this action.
14 2.11 Outside Counsel of Record: Attorneys who are not employees of a party
15 to this Action but are retained to represent or advise a party to this Action and have
16 appeared in this Action on behalf of that party or are affiliated with a law firm which
17 has appeared on behalf of that party, and includes Support Staff.
18 2.12 Party: any party to this Action, including all of its officers, directors,
19 employees, consultants, retained experts, and Outside Counsel of Record (and their
20 Support Staff).
2.13 Producing Party: a Party or Non-Party that produces Disclosure or
21
Discovery Material in this Action.
22
2.14 Professional Vendors: Persons or entities that provide litigation support
23
services (e.g., photocopying, videotaping, translating, preparing exhibits or
24
demonstrations, and organizing, storing, or retrieving data in any form or medium)
25
and their employees and subcontractors.
26
2.15 Protected Material: Any Disclosure or Discovery Material that is
27
designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
28
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Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 6 of 18 Page ID #:313

1 EYES ONLY.”
2 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.
3

4
3. SCOPE
5
The protections conferred by this Stipulation and Order cover not only
6
Protected Material (as defined above), but also (1) any information copied or extracted
7
from Protected Material; (2) all copies, excerpts, summaries, or compilations of
8
Protected Material; and (3) any testimony, conversations, or presentations by Parties,
9
Non-Parties, or their Counsel that might reveal Protected Material.
10
Any use of Protected Material at trial shall be governed by the orders of the
11
trial judge. This Order does not govern the use of Protected Material at trial.
12

13 4. DURATION
14 FINAL DISPOSITION of the action is defined as the conclusion of any
15 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal
16 has run. Except as set forth below, the terms of this protective order apply through
17 FINAL DISPOSITION of the action. The parties may stipulate that they will be
18 contractually bound by the terms of this agreement beyond FINAL DISPOSITION,
19 but will have to file a separate action for enforcement of the agreement once all
20 proceedings in this case are complete.
Once a case proceeds to trial, information that was designated as
21
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
22
ONLY,” or maintained pursuant to this protective order used or introduced as an
23
exhibit at trial becomes public and will be presumptively available to all members of
24
the public, including the press, unless compelling reasons supported by specific
25
factual findings to proceed otherwise are made to the trial judge in advance of the
26
trial. See Kamakana v. City and County of Honolulu, 447 F.3d 1172 at 1180-81
27
(distinguishing “good cause” showing for sealing documents produced in discovery
28
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Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 7 of 18 Page ID #:314

1 from “compelling reasons” standard when merits-related documents are part of court
2 record). Accordingly, for such materials, the terms of this protective order do not
extend beyond the commencement of the trial.
3

4
5. DESIGNATING PROTECTED MATERIAL
5
5.1 Exercise of Restraint and Care in Designating Material for Protection.
6
Each Party or Non-Party that designates information or items for protection under this
7
Order must take care to limit any such designation to specific material that qualifies
8
under the appropriate standards. The Designating Party must designate for protection
9
only those parts of material, documents, items, or oral or written communications that
10
qualify so that other portions of the material, documents, items, or communications
11
for which protection is not warranted are not swept unjustifiably within the ambit of
12
this Order.
13 Mass, indiscriminate, or routinized designations are prohibited. Designations
14 that are shown to be clearly unjustified or that have been made for an improper
15 purpose (e.g., to unnecessarily encumber the case development process or to impose
16 unnecessary expenses and burdens on other parties) may expose the Designating Party
17 to sanctions.
18 If it comes to a Designating Party’s attention that information or items that it
19 designated for protection do not qualify for protection, that Designating Party must
20 promptly notify all other Parties that it is withdrawing the inapplicable designation.
5.2 Manner and Timing of Designations. Except as otherwise provided in
21
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
22
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
23
under this Order must be clearly so designated before the material is disclosed or
24
produced.
25
Designation in conformity with this Order requires:
26
(a) for information in documentary form (e.g., paper or electronic
27
documents, but excluding transcripts of depositions or other pretrial or trial
28
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Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 8 of 18 Page ID #:315

1 proceedings), that the Producing Party affix at a minimum, the legend
2 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (“HIGHLY CONFIDENTIAL –
3
ATTORNEYS’ EYES ONLY legend”) to each page that contains protected material.
4
If only a portion or portions of the material on a page qualifies for protection, the
5
Producing Party also must clearly identify the protected portion(s) (e.g., by making
6
appropriate markings in the margins).
7
(b) for testimony given in depositions that the Designating Party identify the
8
Disclosure or Discovery Material on the record, before the close of the deposition all
9
protected testimony. When it is impractical to identify separately each portion of
10
testimony that is entitled to protection, and when it appears that substantial portions
11
of the testimony may qualify for protection, the Party or nonparty that sponsors,
12
offers, or gives the testimony or that claims confidentiality may invoke, on the record
13 before the deposition is concluded or by written communication within 48 hours after
14 the deposition’s conclusion, a right to have up to two days to identify the specific
15 portions of the testimony as to which protection is sought and to specify the level of
16 protection being asserted (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
17 ATTORNEYS’ EYES ONLY”), during which two-day designation period the
18 entirety of the transcript shall be treated as HIGHLY CONFIDENTIAL –
19 ATTORNEYS’ EYES ONLY. Only those portions that are appropriately designated
20 for protection within the two days shall be covered by the provisions of this Stipulated
Protective Order after the two-day designation period.
21
(c) for information produced in some form other than documentary and for
22
any other tangible items, that the Producing Party affix in a prominent place on the
23
exterior of the container or containers in which the information is stored, or for
24
electronic files in the file name or accompanying correspondence, the legend
25
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONL.”
26
If only a portion or portions of the information warrants protection, the Producing
27
Party, to the extent practicable, shall identify the protected portion(s).
28
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Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 9 of 18 Page ID #:316

1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
2 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.
3
Upon timely correction of a designation, the Receiving Party must make reasonable
4
efforts to assure that the material is treated in accordance with the provisions of this
5
Order.
6

7
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
8
6.1 Timing of Challenges. Any Party or Non-Party may challenge a
9
designation of confidentiality at any time that is consistent with the Court’s
10
Scheduling Order.
11
6.2 Meet and Confer. The Challenging Party shall initiate the dispute
12
resolution process under Local Rule 37.1 et seq.
13 6.3 The burden of persuasion in any such challenge proceeding shall be on
14 the Designating Party. Frivolous challenges, and those made for an improper purpose
15 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
16 expose the Challenging Party to sanctions. Unless the Designating Party has waived
17 or withdrawn the confidentiality designation, all parties shall continue to afford the
18 material in question the level of protection to which it is entitled under the Producing
19 Party’s designation until the Court rules on the challenge.
20
7. ACCESS TO AND USE OF PROTECTED MATERIAL
21
7.1 Basic Principles. A Receiving Party may use Protected Material that is
22
disclosed or produced by another Party or by a Non-Party in connection with this
23
Action only for prosecuting, defending, or attempting to settle this Action. Such
24
Protected Material may be disclosed only to the categories of persons and under the
25
conditions described in this Order. When the Action has been terminated, a Receiving
26
Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
27
28
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Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 10 of 18 Page ID #:317

1 Protected Material must be stored and maintained by a Receiving Party at a
2 location and in a secure manner that ensures that access is limited to the persons
authorized under this Order.
3
7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
4
otherwise ordered by the court or permitted in writing by the Designating Party, a
5
Receiving Party may disclose any information or item designated
6
“CONFIDENTIAL” only to:
7
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well
8
as employees of said Outside Counsel of Record to whom it is reasonably necessary
9
to disclose the information for this Action;
10
(b) the officers, directors, and employees of the Receiving Party to whom
11
disclosure is reasonably necessary for this Action;
12
(c) Experts (as defined in this Order) of the Receiving Party to whom
13
disclosure is reasonably necessary for this Action and who have signed the
14
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
15
(d) the court and its personnel;
16 (e) court reporters and their staff;
17 (f) professional jury or trial consultants, mock jurors, and Professional
18 Vendors to whom disclosure is reasonably necessary for this Action and who have
19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
20 (g) the author or recipient of a document containing the information or a
21 custodian or other person who is shown, in written or oral evidence, or foundation
22 laid in deposition testimony, otherwise possesses or knows information;
23 (h) during their depositions, witnesses ,and attorneys for witnesses, in the
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
24
requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
25
not be permitted to keep any confidential information unless they sign the
26
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
27
agreed by the Designating Party or ordered by the court. Pages of transcribed
28
10
Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 11 of 18 Page ID #:318

1 deposition testimony or exhibits to depositions that reveal Protected Material may be
2 separately bound by the court reporter and may not be disclosed to anyone except as
permitted under this Stipulated Protective Order; and
3
(i) any mediator or settlement officer, and their supporting personnel,
4
mutually agreed upon by any of the parties engaged in settlement discussions.
5
7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
6
ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
7
writing by the Designating Party, a Receiving Party may disclose any information or
8
item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only
9
to:
10
(a) the Receiving Party’s Outside Counsel of Record, and employees of
11
the Outside Counsel of Record to whom it is reasonably necessary to disclose the
12
information for this Action;
13 (b) experts (as defined in this Order) of the Receiving Party to whom
14 disclosure is reasonably necessary for this Action and who have signed the
15 “Acknowledgment and Agreement to Be Bound” (Exhibit A) prior to receiving
16 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” materials; provided,
17 however, that before a Receiving Party may disclose, directly or indirectly, any
18 information designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
19 ONLY,” the Receiving Party must email written notice to the Designating Party’s
20 outside counsel of record the following information regarding such expert or
consultant: (i) an Executed Exhibit A; (ii) confirmation that the expert or consultant
21
has been advised in writing that his or her disclosure of information designated
22
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to the Receiving
23
Party is prohibited; and (iii) the outside consultant’s current curriculum vitae or
24
other description setting forth the person’s name and office address, his or her
25
present employer with job title and job description, any business or personal
26
relationship to any of the Parties (aside from being retained to consult and/or
27
provide testimony in the Action), and a brief job history for the past five years;
28
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1 (c) court and its personnel;
2 (d) court reporters and their staff;
(e) professional jury or trial consultants, mock jurors, and Professional
3
Vendors to whom disclosure is reasonably necessary for this Action and who have
4
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
5
(f) the author or recipient of a document containing the information or a
6
custodian or other person who is shown, in written or oral evidence, or foundation
7
laid in deposition testimony, otherwise possesses or knows the information;
8
(g) the Designating party’s own employees, officers and directors, solely
9
as to the Designating party’s own “HIGHLY CONFIDENTIAL-ATTORNEYS’
10
EYES ONLY” material;
11
(h) during their depositions, third-party witnesses and attorneys for third-
12
party witnesses, in the Action to whom disclosure is reasonably necessary, provided:
13 (1) no party or nonparty objects to the proposed disclosure to the third-party witness
14 or attorney for the third-party witness; (2) the deposing party requests that the third-
15 party witness sign the form attached as Exhibit 1; (3) prior to any disclosure, the
16 deposing party consults with the Designating Party and counsel participating in the
17 deposition in order to determine whether a party or nonparty objects to the
18 disclosure; and (4) the third-party witness and his or her attorney may not keep any
19 confidential information unless they sign the “Acknowledgment and Agreement to
20 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
21
that reveal Protected Material may be separately bound by the court reporter and
22
may not be disclosed to anyone except as permitted under this Stipulated Protective
23
Order; and
24
(i) any mediator or settlement officer, and their supporting personnel,
25
mutually agreed upon by the parties engaged in settlement discussions.
26

27
28
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1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
2 OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation
3
that compels disclosure of any information or items designated in this Action as
4
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
5
ONLY,” that Party must:
6
(a) promptly notify in writing the Designating Party. Such notification shall
7
include a copy of the subpoena or court order;
8
(b) promptly notify in writing the party who caused the subpoena or order to
9
issue in the other litigation that some or all of the material covered by the subpoena
10
or order is subject to this Protective Order. Such notification shall include a copy of
11
this Stipulated Protective Order; and
12
(c) cooperate with respect to all reasonable procedures sought to be pursued
13 by the Designating Party whose Protected Material may be affected.
14 If the Designating Party timely seeks a protective order, the Party served
15 with the subpoena or court order shall not produce any information designated in this
16 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
17 EYES ONLY” before a determination by the court from which the subpoena or order
18 issued, unless the Party has obtained the Designating Party’s permission. The
19 Designating Party shall bear the burden and expense of seeking protection in that court
20 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
21
directive from another court.
22

23
9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
24
PRODUCED IN THIS LITIGATION
25
(a) The terms of this Order are applicable to information produced by a Non-
26
Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
27
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by
28
13
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1 Non-Parties in connection with this litigation is protected by the remedies and relief
2 provided by this Order. Nothing in these provisions should be construed as prohibiting
a Non-Party from seeking additional protections.
3
(b) In the event that a Party is required, by a valid discovery request, to
4
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 Non-Party
8
that some or all of the information requested is subject to a confidentiality agreement
9
with a Non-Party;
10
(2) promptly provide the Non-Party with a copy of the Stipulated
11
Protective Order in this Action, the relevant discovery request(s), and a reasonably
12
specific description of the information requested; and
13 (3) make the information requested available for inspection by the Non-
14 Party, if requested.
15 (c) If the Non-Party fails to seek a protective order from this court within 14
16 days of receiving the notice and accompanying information, the Receiving Party may
17 produce the Non-Party’s confidential information responsive to the discovery request.
18 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
19 any information in its possession or control that is subject to the confidentiality
20 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
21
protection in this court of its Protected Material.
22

23
10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
24
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
25
Protected Material to any person or in any circumstance not authorized under this
26
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
27
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
28
14
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1 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
2 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
3
Agreement to Be Bound” that is attached hereto as Exhibit A.
4

5
11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
6
PROTECTED MATERIAL
7
When a Producing Party gives notice to Receiving Parties that certain
8
inadvertently produced material is subject to a claim of privilege or other protection,
9
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
10
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
11
may be established in an e-discovery order that provides for production without prior
12
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
13 parties reach an agreement on the effect of disclosure of a communication or
14 information covered by the attorney-client privilege or work product protection, the
15 parties may incorporate their agreement in the stipulated protective order submitted
16 to the court.
17
18 12. MISCELLANEOUS
19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
20 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
21
Protective Order no Party waives any right it otherwise would have to object to
22
disclosing or producing any information or item on any ground not addressed in this
23
Stipulated Protective Order. Similarly, no Party waives any right to object on any
24
ground to use in evidence of any of the material covered by this Protective Order.
25
12.3 Filing Protected Material. A Party that seeks to file under seal any
26
Protected Material must comply with Civil Local Rule 79-5. Protected Material may
27
only be filed under seal pursuant to a court order authorizing the sealing of the specific
28
15
Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 16 of 18 Page ID #:323

1 Protected Material at issue. If a Party's request to file Protected Material under seal is
2 denied by the court, then the Receiving Party may file the information in the public
record unless otherwise instructed by the court.
3

4
13. FINAL DISPOSITION
5
After the final disposition of this Action, as defined in paragraph 4, within 60
6
days of a written request by the Designating Party, each Receiving Party must return
7
all Protected Material to the Producing Party or destroy such material. As used in this
8
subdivision, “all Protected Material” includes all copies, abstracts, compilations,
9
summaries, and any other format reproducing or capturing any of the Protected
10
Material. Whether the Protected Material is returned or destroyed, the Receiving Party
11
must submit a written certification to the Producing Party (and, if not the same person
12
or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
13 category, where appropriate) all the Protected Material that was returned or destroyed
14 and (2)affirms that the Receiving Party has not retained any copies, abstracts,
15 compilations, summaries or any other format reproducing or capturing any of the
16 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
17 archival copy of all pleadings, motion papers, trial, deposition, and hearing
18 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
19 reports, attorney work product, and consultant and expert work product, even if such
20 materials contain Protected Material. Any such archival copies that contain or
constitute Protected Material remain subject to this Protective Order as set forth in
21
Section 4 (DURATION).
22
14. Any violation of this Order may be punished by any and all appropriate
23
measures including, without limitation, contempt proceedings and/or monetary
24
sanctions.
25
//
26
//
27
//
28
16
Case #:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page17of18 Page ID #:324

1 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: October 18, 2022 /s/ Eric N. Heyer
5 Eric N. Heyer
4 THOMPSON HINE LLP
5 Attorneys for Plaintiff
7 DATED: October 18, 2022 /s/ Milord A. Keshishian
Milord A. Keshishian
8 MILORD & ASSOCIATES, P.C.
9 Attorneys for Defendant
10 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
DATED: October 24, 2022 Baa
12 HON. MARGO A. ROCCONI
3 United States Magistrate Judge
14
15 Attestation Pursuant to L.R. 5-4.3.4(a)@2)(@)
6 I hereby attest that all other signatories listed, and on whose behalf the filing
"7 is submitted, concur in the filing’s content and have authorized the filing.
18
Dated: October 18, 2022 /s/ Milord A. Keshishian
19 Milord A. Keshishian
20
21
22
23
24
25
26
27
28
17

Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 18 of 18 Page ID #:325

1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
I, _____________________________ [print or type full name], of
4
____________________ [print or type full address], declare under penalty of perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that was
6
issued by the United States District Court for the Central District of California on
7
________________, 2022, in the case of EVO BRANDS, LLC, et al. v. AL KHALIFA
8
GROUP LLC, et al., No. 2:22-cv-03909-AB-MAR. I agree to comply with and to be
9
bound by all the terms of this Stipulated Protective Order and I understand and
10
acknowledge that failure to so comply could expose me to sanctions and punishment
11
in the nature of contempt. I solemnly promise that I will not disclose in any manner
12
any information or item that is subject to this Stipulated Protective Order to any person
13 or entity except in strict compliance with the provisions of this Order.
14 I further agree to submit to the jurisdiction of the United States District Court
15 for the Central District of California for the purpose of enforcing the terms of this
16 Stipulated Protective Order, even if such enforcement proceedings occur after
17 termination of this action. I hereby appoint ________________________ [print or
18 type full name] of __________________________________ [print or type full
19 address and telephone number] as my California agent for service of process in
20 connection with this action or any proceedings related to enforcement of this Stipulated
Protective Order.
21

22
Date: __________________________
23
City and State where sworn and signed: _____________________________
24

25
Printed name: ____________________________________
26

27
Signature: ________________________________
28
18

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9981522. Public record. Not legal advice.