Beauty Business Builder, LLC v. Skin Gym Inc.

Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 1 of 15 Page ID #:368

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9 UNITED STATES DISTRICT COURT

10 FOR THE CENTRAL DISTRICT OF CALIFORNIA

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12 Beauty Business Builder, LLC, a Delaware) Case No. 2:22-cv-03352-RSWL-GJS

limited liability company, )

13 ) (Assigned to the Honorable Ronald S.W.

Plaintiff, ) Lew)

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v. ) PROTECTIVE ORDER

15 )

Skin Gym, Inc., a California corporation;)

16 J.C. Penney Co., Inc. a Delaware)

corporation; Ulta Salon, Cosmetics &)

17 Fragrance, Inc., a Delaware corporation;)

Bloomingdale’s, LLC, an Ohio limited)

18 liability company; Bloomingdales.com,)

LLC, an Ohio limited liability company;)

19 Sephora USA, Inc., a Michigan corporation;)

Urban Outfitters, Inc. a Pennsylvania)

20 corporation d/b/a Anthropologie; Planet)

Beauty, Inc., a California corporation; Bliss)

21 Beauty Center, LLC, a California Limited)

liability company, )

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Defendants. )

23 )

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24 AND RELATED COUNTERCLAIM. )

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25 )

AND RELATED THIRD PARTY) Action Filed: May 17, 2022

26 COMPLAINT. ) Pre-Trial Conf.: August 8, 2023

) Trial Date: September 5, 2023

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Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 2 of 15 Page ID #:369

1 On stipulation of the Parties, the Court enters a Protective Order in this matter as

2 follows:

3 1. PURPOSES AND LIMITATIONS

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

5 proprietary, or private information for which special protection from public disclosure

6 and from use for any purpose other than prosecuting this litigation may be warranted.

7 Accordingly, the parties hereby stipulate to and petition the Court to enter the following

8 Stipulated Protective Order. The parties acknowledge that this Order does not confer

9 blanket protections on all disclosures or responses to discovery and that the protection

10 it affords from public disclosure and use extends only to the limited information or

11 items that are entitled to confidential treatment under the applicable legal principles.

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

13 Protective Order does not entitle them to file confidential information under seal; Civil

14 Local Rule 79-5 sets forth the procedures that must be followed and the standards that

15 will be applied when a party seeks permission from the Court to file material under seal.

16 GOOD CAUSE STATEMENT

17 This action is likely to involve trade secrets and other valuable proprietary

18 information for which special protection from public disclosure and from use for any

19 purpose other than prosecution of this action is warranted. Such confidential and

20 proprietary materials and information consist of, among other things, customer and

21 pricing lists, customer communications, sales summaries, pricing, internal business

22 strategies, documents revealing costs, financial projections, vendors, marketing plans,

23 expansion plans, employee information, and other confidential business or financial

24 information, or information regarding confidential business practices, the disclosure of

25 which could give a competitor an unfair business advantage. The confidential

26 information at issue is generally unavailable to the public and may be privileged or

27 otherwise protected from disclosure under state or federal statutes, court rules, case

28 decisions, or common law.

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Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 3 of 15 Page ID #:370

1 Accordingly, to expedite the flow of information, to facilitate the prompt

2 resolution of disputes over confidentiality of discovery materials, to adequately protect

3 information the parties are entitled to keep confidential, to ensure that the parties are

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

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

6 of justice, a protective order for such information is justified in this matter. It is the

7 intent of the parties that information will not be designated as confidential for tactical

8 reasons and that nothing be so designated without a good faith belief that it has been

9 maintained in a confidential, non-public manner, and there is good cause why it should

10 not be part of the public record of this case.

11 2. DEFINITIONS

12 2.1 Action: the above-captioned action pending in this Court, including any

13 related discovery, pretrial, trial, post-trial, or appellate proceedings.

14 2.2 Challenging Party: a Party or Non-Party that challenges the designation of

15 information or items under this Order.

16 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how

17 it is generated, stored or maintained) or tangible things that qualify for protection under

18 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

19 Statement.

20 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

21 support staff).

22 2.5 Designating Party: a Party or Non-Party that designates information or

23 items that it produces in disclosures or in responses to discovery as

24 “CONFIDENTIAL.”

25 2.6 Disclosure or Discovery Material: all items or information, regardless of

26 the medium or manner in which it is generated, stored, or maintained (including, among

27 other things, testimony, transcripts, and tangible things), that are produced or generated

28 in disclosures or responses to discovery in this matter.

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Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 4 of 15 Page ID #:371

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 an

3 expert witness or as a consultant in this Action.

4 2.8 “HIGHLY CONFIDENTIAL” or “ATTORNEY EYES ONLY”

5 Information or Items: information (regardless of how it is generated, stored or

6 maintained) or tangible things that qualify for protection under Federal Rule of Civil

7 Procedure 26(c), and as specified above in the Good Cause Statement for which

8 disclosures to another party is likely to result in harm to the Designating Party.

9 2.9 House Counsel: attorneys who are employees or independent contractors

10 of a Party to this Action. House Counsel does not include Outside Counsel of Record.

11 2.10 Non-Party: any natural person, partnership, corporation, association, or

12 other legal entity not named as a Party to this Action.

13 2.11 Outside Counsel of Record: attorneys who are retained to represent or

14 advise a Party to this Action and have appeared in this Action on behalf of that Party or

15 are affiliated with a law firm that has appeared on behalf of that Party, including support

16 staff.

17 2.12 Party: any party to this Action, including all of its officers, directors,

18 employees, consultants, retained experts, and Outside Counsel of Record (and their

19 support staffs).

20 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) and

25 their employees and subcontractors.

26 2.15 Protected Material: any Disclosure or Discovery Material that is

27 designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “ATTORNEY

28 EYES ONLY.”

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Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 5 of 15 Page ID #:372

1 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

2 from a Producing Party.

3 3. SCOPE

4 The protections conferred by this Stipulation and Order cover not only Protected

5 Material (as defined above), but also (1) any information copied or extracted from

6 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

7 Material; and (3) any testimony, conversations, or presentations by Parties or their

8 Counsel that might reveal Protected Material.

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

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

11 4. DURATION

12 Once the Action proceeds to trial, all of the Court-filed information to be

13 introduced that was previously designated as Protected Material pursuant to this Order

14 becomes public and will be presumptively available to all members of the public,

15 including the press, unless compelling reasons supported by specific factual findings to

16 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v.

17 City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing

18 “good cause” showing for sealing documents produced in discovery from “compelling

19 reasons” standard when merits-related documents are part of court record).

20 Accordingly, as to Protected Material made part of the Court record, the terms of this

21 Order do not extend beyond the commencement of the trial. However, as to Protected

22 Material not made part of the Court record, this Order shall continue to be binding after

23 the conclusion of this Action.

24 5. DESIGNATING PROTECTED MATERIAL

25 5.1 Exercise of Restraint and Care in Designating Material for Protection.

26 Each Party or Non-Party that designates information or items for protection under this

27 Order must take care to limit any such designation to specific material that qualifies

28 under the appropriate standards. The Designating Party must designate for protection

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Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 6 of 15 Page ID #:373

1 only those parts of material, documents, items, or oral or written communications that

2 qualify so that other portions of the material, documents, items, or communications for

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

4 Order.

5 Mass, indiscriminate, or routinized designations are prohibited. Designations that

6 are shown to be clearly unjustified or that have been made for an improper purpose

7 (e.g., to unnecessarily encumber the case development process or to impose

8 unnecessary expenses and burdens on other parties) may expose the Designating Party

9 to sanctions.

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

11 designated for protection do not qualify for protection, that Designating Party must

12 promptly notify all other Parties that it is withdrawing the inapplicable designation.

13 5.2 Manner and Timing of Designations. Except as otherwise provided in this

14 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated

15 or ordered, Disclosure or Discovery Material that qualifies for protection under this

16 Order must be clearly so designated before the material is disclosed or produced.

17 Designation in conformity with this Order requires:

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

19 documents, but excluding transcripts of depositions or other pretrial or trial

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

21 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “ATTORNEY EYES ONLY”

22 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected material.

23 If only a portion or portions of the material on a page qualifies for protection, the

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

25 appropriate markings in the margins).

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

27 inspection need not designate them for protection until after the inspecting Party has

28 indicated which documents it would like copied and produced. During the inspection

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Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 7 of 15 Page ID #:374

1 and before the designation, all of the material made available for inspection shall be

2 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it

3 wants copied and produced, the Producing Party must determine which documents, or

4 portions thereof, qualify for protection under this Order. Then, before producing the

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

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

7 on 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 identify

10 the Disclosure or Discovery Material on the record, before the close of the deposition.

11 (c) for information produced in some form other than documentary and for

12 any other tangible items, that the Producing Party affix in a prominent place on the

13 exterior of the container or containers in which the information is stored the

14 “CONFIDENTIAL legend.” If only a portion or portions of the information warrants

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

16 portion(s).

17 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

18 failure to designate qualified information or items does not, standing alone, waive the

19 Designating Party’s right to secure protection under this Order for such material. Upon

20 timely correction of a designation, the Receiving Party must make reasonable efforts to

21 assure that the material is treated in accordance with the provisions of this Order.

22 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

25 Order.

26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

27 resolution process under Local Rule 37-1, et seq. Any discovery motion must strictly

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

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Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 8 of 15 Page ID #:375

1 6.3 Burden. The burden of persuasion in any such challenge proceeding shall

2 be on the Designating Party. Frivolous challenges, and those made for an improper

3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties)

4 may expose the Challenging Party to sanctions. Frivolous designations, if not waived

5 or withdrawn upon being challenged, may expose the Designating Party to sanctions.

6 Unless the Designating Party has waived or withdrawn the confidentiality designation,

7 all parties shall continue to afford the material in question the level of protection to

8 which it is entitled under the Producing Party’s designation until the Court rules on the

9 challenge.

10 7. ACCESS TO AND USE OF PROTECTED MATERIAL

11 7.1 Basic Principles. A Receiving Party may use Protected Material that is

12 disclosed or produced by another Party or by a Non-Party in connection with this Action

13 only for prosecuting, defending, or attempting to settle this Action. Such Protected

14 Material may be disclosed only to the categories of persons and under the conditions

15 described in this Order. When the Action has been terminated, a Receiving Party must

16 comply with the provisions of Section 13 below (FINAL DISPOSITION). Protected

17 Material must be stored and maintained by a Receiving Party at a location and in a

18 secure manner that ensures that access is limited to the persons authorized under this

19 Order.

20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

21 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party

22 may disclose any information or item designated “CONFIDENTIAL” only to:

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

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

25 disclose the information for this Action;

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

27 Receiving Party to whom disclosure is reasonably necessary for this Action;

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

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Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 9 of 15 Page ID #:376

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

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

3 (d) the Court and its personnel;

4 (e) court reporters and their staff;

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

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

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

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

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

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

11 Action to whom disclosure is reasonably necessary, provided that they will not be

12 permitted to keep any confidential information unless they sign the “Acknowledgment

13 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating

14 Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits to

15 depositions that reveal Protected Material may be separately bound by the court reporter

16 and may not be disclosed to anyone except as permitted under this Stipulated Protective

17 Order; and

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

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

20 7.3 Disclosure of “HIGHLY CONFIDENTIAL” or “ATTORNEY EYES

21 ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in

22 writing by the Designating Party, a Receiving Party may disclose any information or

23 item designated “HIGHLY CONFIDENTIAL” or “ATTORNEY EYES ONLY” only

24 to:

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

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

27 disclose the information for this Action.

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

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Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 10 of 15 Page ID #:377

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

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

3 (c) the Court and its personnel;

4 (d) court reporters and their staff;

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

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

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

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

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

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

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

12 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

13 IN OTHER LITIGATION

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

15 compels disclosure of any information or items designated in this Action as Protected

16 Material, that Party must:

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

18 shall include a copy of the subpoena or court order;

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

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

21 or order is subject to this Order. Such notification shall include a copy of this Order;

22 and

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

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

25 Designating Party seeks a protective order from this Court within 14 days of receiving

26 the notice and accompanying information, the Party served with the subpoena or court

27 order shall not produce any information designated in this action as Protected Material

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

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Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 11 of 15 Page ID #:378

1 Party has obtained the Designating Party’s permission. The Designating Party shall bear

2 the burden and expense of seeking protection in that court of its Protected Material and

3 nothing in these provisions should be construed as authorizing or encouraging a

4 Receiving Party in this Action to disobey a lawful directive from another court. If the

5 Designating Party does not timely seek a protective order, the Party served with the

6 subpoena or court order may produce responsive information designated in this action

7 as Protected Material as required by the subpoena or court order.

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

9 PRODUCED IN THIS LITIGATION

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

11 Party in this Action and designated as Protected Material. Such information produced

12 by Non-Parties in connection with this Action is protected by the remedies and relief

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

14 a Non-Party from seeking additional protections.

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

16 a Non-Party’s confidential information in its possession, and the Party is subject to an

17 agreement with the Non-Party not to produce the Non-Party’s confidential information,

18 then the Party shall:

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

20 some or all of the information requested is subject to a confidentiality agreement with

21 a Non-Party;

22 (2) promptly provide the Non-Party with a copy of the Protective Order in

23 this Action, the relevant discovery request(s), and a reasonably specific description of

24 the information requested; and

25 (3) make the information requested available for inspection by the Non-

26 Party, if requested.

27 (c) If the Non-Party fails to seek a protective order from this Court within 14 days

28 of receiving the notice and accompanying information, the Receiving Party may

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Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 12 of 15 Page ID #:379

1 produce the Non-Party’s confidential information responsive to the discovery request.

2 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

3 any information in its possession or control that is subject to the confidentiality

4 agreement with the Non-Party before a determination by the Court. Absent a court order

5 to the contrary, the Non-Party shall bear the burden and expense of seeking protection

6 in this Court of its Protected Material.

7 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

9 Protected Material to any person or in any circumstance not authorized under this Order,

10 the Receiving Party must immediately (a) notify in writing the Designating Party of the

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

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

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

14 persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached

15 hereto as Exhibit A.

16 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

17 PROTECTED MATERIAL

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

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

20 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

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

22 may be established in an e-discovery order that provides for production without prior

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

24 Parties reach an agreement on the effect of disclosure of a communication or

25 information covered by the attorney-client privilege or work product protection, the

26 Parties may incorporate their agreement in the stipulated protective order submitted to

27 the Court.

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Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 13 of 15 Page ID #:380

1 12. MISCELLANEOUS

2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

3 person to seek its modification by the Court in the future.

4 12.2 Right to Assert Other Objections. By stipulating to the entry of this Order,

5 no Party waives any right it otherwise would have to object to disclosing or producing

6 any information or item on any ground not addressed in this Order. Similarly, no Party

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

8 covered by this Order.

9 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

11 only be filed under seal pursuant to a court order authorizing the sealing of the specific

12 Protected Material at issue; good cause must be shown in the request to file under seal.

13 If a Party’s request to file Protected Material under seal is denied by the Court, then the

14 Receiving Party may file the information in the public record unless otherwise

15 instructed by the Court.

16 13. FINAL DISPOSITION

17 After the final disposition of this Action, within 60 days of a written request by

18 the Designating Party, each Receiving Party must return all Protected Material to the

19 Producing Party or destroy such material. As used in this subdivision, “all Protected

20 Material” includes all copies, abstracts, compilations, summaries, and any other format

21 reproducing or capturing any of the Protected Material. Whether the Protected Material

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

23 Producing Party (and, if not the same person or entity, to the Designating Party) by the

24 60 day deadline that (1) identifies (by category, where appropriate) all the Protected

25 Material that was returned or destroyed and (2) affirms that the Receiving Party has not

26 retained any copies, abstracts, compilations, summaries or any other format

27 reproducing or capturing any of the Protected Material. Notwithstanding this provision,

28 counsel are entitled to retain an archival copy of all pleadings, motion papers, trial,

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Case 2tP2-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page14o0f15 Page ID #:381

1}| deposition, and hearing transcripts, legal memoranda, correspondence, deposition and

2}| trial exhibits, expert reports, attorney work product, and consultant and expert work

3}! product, even if such materials contain Protected Material. Any such archival copies

4}| that contain or constitute Protected Material remain subject to this Order as set forth in

5|| Section 4 (DURATION).

6|| 14. Any violation of this Order may be punished by any and all appropriate measures

7}| including, without limitation, contempt proceedings and/or monetary sanctions.

8 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

10}| DATED: — October 25, 2022 | TT

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Honorable‘Gail J. Standish

12 United States Magistrate Judge

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Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 15 of 15 Page ID #:382

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 that

5 I have read in its entirety and understand the foregoing Protective Order issued by the

6 United States District Court for the Central District of California in the case of Beauty

7 Business Builder, LLC v. Skin Gym, Inc., et al., Case No. 2:22-cv-03352-RSWL-GJS

8 (“the Action”). I agree to comply with and to be bound by all the terms of the Protective

9 Order and I understand and acknowledge that failure to so comply could expose me to

10 sanctions and punishment in the nature of contempt. I solemnly promise that I will not

11 disclose in any manner any information or item that is subject to the Protective Order

12 to any person or entity except in strict compliance with the provisions of the Protective

13 Order.

14 I further agree to submit to the jurisdiction of the United States District Court for

15 the Central District of California for the purpose of enforcing the terms of the Protective

16 Order, even if such enforcement proceedings occur after termination of the Action. I

17 hereby appoint ____________________________ [print or type full name] of

18 ___________________________________________________ [print or type full

19 address and telephone number] as my California agent for service of process in

20 connection with the Action or any proceedings related to enforcement of the Protective

21 Order.

22 Date:

23 City and State where sworn and signed:

24 Printed name:

25 Signature:

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