even stipulated protective orders 7 require good cause showing
How later courts described this case
- even stipulated protective orders 7 require good cause showing
Written by the judges who cited it.
The opinion
Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 1 of 17 Page ID #:196
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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10 Universal Dyeing & Printing, Inc.,
Case No. 2:22-cv-03741-FLA-RAO
11 Plaintiff,
12 v. STIPULATED PROTECTIVE
ORDER1
13 Zoetop Business Co., Ltd., et al.,
14 Defendant.
15
16
17 1. A. PURPOSES AND LIMITATIONS
18 As the parties have represented that discovery in this action is likely to
19 involve production of confidential, proprietary, or private information for which
20 special protection from public disclosure and from use for any purpose other than
21 prosecuting this litigation may be warranted, this Court enters the following
22 Protective Order. This Order does not confer blanket protections on all disclosures
23 or responses to discovery. The protection it affords from public disclosure and use
24 extends only to the limited information or items that are entitled to confidential
25 treatment under the applicable legal principles.
26
27
1 This Stipulated Protective Order is based primarily on Magistrate Judge Rozella A.
Oliver’s form protective order. The “attorneys’ eyes only” designation is based on
28
Magistrate Judge Jacqueline Chooljian’s form protective order.
Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 2 of 17 Page ID #:197
1 B. GOOD CAUSE STATEMENT
2 This action is likely to involve customer and pricing lists and valuable
3 development, commercial, financial, and/or proprietary information for which
4 special protection from public disclosure and from use for any purpose other than
5 prosecution of this action is warranted. Such confidential and proprietary materials
6 and information consist of, among other things, confidential business and financial
7 information, information regarding confidential business practices, other
8 confidential development and commercial information (including information
9 implicating privacy rights of third parties), and information otherwise generally
10 unavailable to the public or which may be protected from disclosure under state or
11 federal statutes, court rules, case decisions, or common law. Accordingly, to
12 expedite the flow of information, to facilitate the prompt resolution of disputes over
13 confidentiality of discovery materials, to adequately protect information the parties
14 are entitled to keep confidential, to ensure that the parties are permitted reasonable
15 necessary uses of such material in preparation for and in the conduct of trial, to
16 address their handling at the end of the litigation, and serve the ends of justice, a
17 protective order for such information is justified in this matter. It is the intent of the
18 parties that information will not be designated as confidential for tactical reasons
19 and that nothing be so designated without a good faith belief that it has been
20 maintained in a confidential, non-public manner, and there is good cause why it
21 should not be part of the public record of this case.
22 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
23 The parties further acknowledge, as set forth in Section 12.3, below, that this
24 Stipulated Protective Order does not entitle them to file confidential information
25 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
26 and the standards that will be applied when a party seeks permission from the court
27 to file material under seal.
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1 There is a strong presumption that the public has a right of access to judicial
2 proceedings and records in civil cases. In connection with non-dispositive motions,
3 good cause must be shown to support a filing under seal. See Kamakana v. City and
4 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors
5 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics,
6 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
7 require good cause showing), and a specific showing of good cause or compelling
8 reasons with proper evidentiary support and legal justification, must be made with
9 respect to Protected Material that a party seeks to file under seal. The parties’ mere
10 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—
11 without the submission of competent evidence by declaration, establishing that the
12 material sought to be filed under seal qualifies as confidential, privileged, or
13 otherwise protectable—constitute good cause.
14 Further, if a party requests sealing related to a dispositive motion or trial, then
15 compelling reasons, not only good cause, for the sealing must be shown, and the
16 relief sought shall be narrowly tailored to serve the specific interest to be protected.
17 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
18 each item or type of information, document, or thing sought to be filed or introduced
19 under seal in connection with a dispositive motion or trial, the party seeking
20 protection must articulate compelling reasons, supported by specific facts and legal
21 justification, for the requested sealing order. Again, competent evidence supporting
22 the application to file documents under seal must be provided by declaration.
23 Any document that is not confidential, privileged, or otherwise protectable in
24 its entirety will not be filed under seal if the confidential portions can be redacted.
25 If documents can be redacted, then a redacted version for public viewing, omitting
26 only the confidential, privileged, or otherwise protectable portions of the document
27 shall be filed. Any application that seeks to file documents under seal in their
28 entirety should include an explanation of why redaction is not feasible
3
Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 4 of 17 Page ID #:199
1 2. DEFINITIONS
2 2.1 Action: This pending federal lawsuit.
3 2.2 Challenging Party: a Party or Non-Party that challenges the
4 designation of information or items under this Order.
5 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
6 how it is generated, stored or maintained) or tangible things that qualify for
7 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
8 the Good Cause Statement.
9 2.4 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”
10 Information or Items: extremely sensitive “CONFIDENTIAL” Information or
11 Items, the disclosure of which to another Party or Non-Party would create a
12 substantial risk of serious harm that could not be avoided by less restrictive means.
13 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as
14 their support staff).
15 2.6 Designating Party: a Party or Non-Party that designates information or
16 items that it produces in disclosures or in responses to discovery as
17 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES
18 ONLY.”
19 2.7 Disclosure or Discovery Material: all items or information, regardless
20 of the medium or manner in which it is generated, stored, or maintained (including,
21 among other things, testimony, transcripts, and tangible things), that are produced or
22 generated in disclosures or responses to discovery in this matter.
23 2.8 Expert: a person with specialized knowledge or experience in a matter
24 pertinent to the litigation who has been retained by a Party or its counsel to serve as
25 an expert witness or as a consultant in this Action.
26 2.9 House Counsel: attorneys who are employees of a party to this Action.
27 House Counsel does not include Outside Counsel of Record or any other outside
28 counsel.
4
Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 5 of 17 Page ID #:200
1 2.10 Non-Party: any natural person, partnership, corporation, association, or
2 other legal entity not named as a Party to this action.
3 2.11 Outside Counsel of Record: attorneys who are not employees of a
4 party to this Action but are retained to represent or advise a party to this Action and
5 have appeared in this Action on behalf of that party or are affiliated with a law firm
6 which has appeared on behalf of that party, and includes support staff.
7 2.12 Party: any party to this Action, including all of its officers, directors,
8 employees, consultants, retained experts, and Outside Counsel of Record (and their
9 support staffs).
10 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
11 Discovery Material in this Action.
12 2.14 Professional Vendors: persons or entities that provide litigation
13 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
14 demonstrations, and organizing, storing, or retrieving data in any form or medium)
15 and their employees and subcontractors.
16 2.15 Protected Material: any Disclosure or Discovery Material that is
17 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL --
18 ATTORNEYS’ EYES ONLY.”
19 2.16 Receiving Party: a Party that receives Disclosure or Discovery
20 Material from a Producing Party.
21 3. SCOPE
22 The protections conferred by this Order cover not only Protected Material (as
23 defined above), but also (1) any information copied or extracted from Protected
24 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
25 and (3) any deposition testimony, conversations, or presentations by Parties or their
26 Counsel that might reveal Protected Material, other than during a court hearing or at
27 trial.
28
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Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 6 of 17 Page ID #:201
1 Any use of Protected Material during a court hearing or at trial shall be
2 governed by the orders of the presiding judge. This Order does not govern the use
3 of Protected Material during a court hearing or at trial.
4 4. DURATION
5 Even after final disposition of this litigation, the confidentiality obligations
6 imposed by this Order shall remain in effect until a Designating Party agrees
7 otherwise in writing or a court order otherwise directs. Final disposition shall be
8 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
9 or without prejudice; and (2) final judgment herein after the completion and
10 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
11 including the time limits for filing any motions or applications for extension of time
12 pursuant to applicable law.
13 5. DESIGNATING PROTECTED MATERIAL
14 5.1 Exercise of Restraint and Care in Designating Material for Protection.
15 Each Party or Non-Party that designates information or items for protection under
16 this Order must take care to limit any such designation to specific material that
17 qualifies under the appropriate standards. The Designating Party must designate for
18 protection only those parts of material, documents, items, or oral or written
19 communications that qualify so that other portions of the material, documents,
20 items, or communications for which protection is not warranted are not swept
21 unjustifiably within the ambit of this Order.
22 Mass, indiscriminate, or routinized designations are prohibited. Designations
23 that are shown to be clearly unjustified or that have been made for an improper
24 purpose (e.g., to unnecessarily encumber the case development process or to impose
25 unnecessary expenses and burdens on other parties) may expose the Designating
26 Party to sanctions.
27 If it comes to a Designating Party’s attention that information or items that it
28 designated for protection do not qualify for protection, that Designating Party must
6
Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 7 of 17 Page ID #:202
1 promptly notify all other Parties that it is withdrawing the inapplicable designation.
2 5.2 Manner and Timing of Designations. Except as otherwise provided in
3 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise
4 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
5 under this Order must be clearly so designated before the material is disclosed or
6 produced.
7 Designation in conformity with this Order requires:
8 (a) for information in documentary form (e.g., paper or electronic
9 documents, but excluding transcripts of depositions), that the Producing Party affix
10 at a minimum, the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL --
11 ATTORNEYS’ EYES ONLY” to each page that contains protected material. If
12 only a portion or portions of the material on a page qualifies for protection, the
13 Producing Party also must clearly identify the protected portion(s) (e.g., by making
14 appropriate markings in the margins).
15 A Party or Non-Party that makes original documents available for inspection
16 need not designate them for protection until after the inspecting Party has indicated
17 which documents it would like copied and produced. During the inspection and
18 before the designation, all of the material made available for inspection shall be
19 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
20 documents it wants copied and produced, the Producing Party must determine which
21 documents, or portions thereof, qualify for protection under this Order. Then,
22 before producing the specified documents, the Producing Party must affix the
23 “CONFIDENTIAL”, or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES
24 ONLY” legend to each page that contains Protected Material. If only a portion or
25 portions of the material on a page qualifies for protection, the Producing Party also
26 must clearly identify the protected portion(s) (e.g., by making appropriate markings
27 in the margins).
28 (b) for testimony given in depositions that the Designating Party identifies
7
Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 8 of 17 Page ID #:203
1 on the record, before the close of the deposition as protected testimony.
2 (c) for information produced in some form other than documentary and
3 for any other tangible items, that the Producing Party affix in a prominent place on
4 the exterior of the container or containers in which the information is stored the
5 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’
6 EYES ONLY.” If only a portion or portions of the information warrants protection,
7 the Producing Party, to the extent practicable, shall identify the protected portion(s).
8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
9 failure to designate qualified information or items does not, standing alone, waive
10 the Designating Party’s right to secure protection under this Order for such material.
11 Upon timely correction of a designation, the Receiving Party must make reasonable
12 efforts to assure that the material is treated in accordance with the provisions of this
13 Order.
14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
16 designation of confidentiality at any time that is consistent with the Court’s
17 Scheduling Order.
18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
19 resolution process under Local Rule 37-1 et seq.
20 6.3 The burden of persuasion in any such challenge proceeding shall be on
21 the Designating Party. Frivolous challenges, and those made for an improper
22 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
23 parties) may expose the Challenging Party to sanctions. Unless the Designating
24 Party has waived or withdrawn the confidentiality designation, all parties shall
25 continue to afford the material in question the level of protection to which it is
26 entitled under the Producing Party’s designation until the Court rules on the
27 challenge.
28 7. ACCESS TO AND USE OF PROTECTED MATERIAL
8
Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 9 of 17 Page ID #:204
1 7.1 Basic Principles. A Receiving Party may use Protected Material that is
2 disclosed or produced by another Party or by a Non-Party in connection with this
3 Action only for prosecuting, defending, or attempting to settle this Action. Such
4 Protected Material may be disclosed only to the categories of persons and under the
5 conditions described in this Order. When the Action has been terminated, a
6 Receiving Party must comply with the provisions of Section 13 below.
7 Protected Material must be stored and maintained by a Receiving Party at a
8 location and in a secure manner that ensures that access is limited to the persons
9 authorized under this Order.
10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
11 otherwise ordered by the court or permitted in writing by the Designating Party, a
12 Receiving Party may disclose any information or item designated
13 “CONFIDENTIAL” only to:
14 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
15 well as employees of said Outside Counsel of Record to whom it is reasonably
16 necessary to disclose the information for this Action;
17 (b) the officers, directors, and employees (including House Counsel) of
18 the Receiving Party to whom disclosure is reasonably necessary for this Action;
19 (c) Experts (as defined in this Order) of the Receiving Party to whom
20 disclosure is reasonably necessary for this Action and who have signed the
21 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
22 (d) the court and its personnel;
23 (e) court reporters and their staff;
24 (f) professional jury or trial consultants, mock jurors, and Professional
25 Vendors to whom disclosure is reasonably necessary for this Action and who have
26 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
27 (g) the author or recipient of a document containing the information or a
28 custodian or other person who otherwise possessed or knew the information;
9
Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 10 of 17 Page ID #:205
1 (h) during their depositions, witnesses, and attorneys for witnesses, in the
2 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
3 requests that the witness sign the “Acknowledgment and Agreement to Be Bound”
4 (Exhibit A); and (2) they will not be permitted to keep any confidential information
5 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
6 unless otherwise agreed by the Designating Party or ordered by the court. Pages of
7 transcribed deposition testimony or exhibits to depositions that reveal Protected
8 Material may be separately bound by the court reporter and may not be disclosed to
9 anyone except as permitted under this Protective Order; and
10 (i) any mediator or settlement officer, and their supporting personnel,
11 mutually agreed upon by any of the parties engaged in settlement discussions.
12 7.3 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES
13 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
14 writing by the Designating Party, a Receiving Party may disclose any information or
15 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only
16 to:
17 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
18 as employees of said Outside Counsel of Record to whom it is reasonably necessary
19 to disclose the information for this Action;
20 (b) Experts (as defined in this Order) of the Receiving Party to whom
21 disclosure is reasonably necessary for this Action and who have signed the
22 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (c) the court and its personnel;
24 (d) court reporters and their staff;
25 (e) professional jury or trial consultants, mock jurors, and Professional
26 Vendors to whom disclosure is reasonably necessary for this Action and who have
27 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
28 (f) the author or recipient of a document containing the information or a
10
Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 11 of 17 Page ID #:206
1 custodian or other person who otherwise possessed or knew the information, or a
2 deponent or deponents testifying on a Party or Parties’ behalf under Rule 30(b)(6);
3 (g) during their depositions, witnesses, and attorneys for witnesses, in the
4 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
5 requests that the witness sign the “Acknowledgment and Agreement to Be Bound”
6 (Exhibit A); and (2) they will not be permitted to keep any Protected Material unless
7 they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
8 otherwise agreed by the Designating Party or ordered by the court. Pages of
9 transcribed deposition testimony or exhibits to depositions that reveal Protected
10 Material may be separately bound by the court reporter and may not be disclosed to
11 anyone except as permitted under this Protective Order; and
12 (h) any mediator or settlement officer, and their supporting personnel,
13 mutually agreed upon by any of the parties engaged in settlement discussions.
14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
15 PRODUCED IN OTHER LITIGATION
16 If a Party is served with a subpoena or a court order issued in other litigation
17 that compels disclosure of any information or items designated in this Action as
18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES
19 ONLY,” that Party must:
20 (a) promptly notify in writing the Designating Party. Such notification
21 shall include a copy of the subpoena or court order unless prohibited by law;
22 (b) promptly notify in writing the party who caused the subpoena or order
23 to issue in the other litigation that some or all of the material covered by the
24 subpoena or order is subject to this Protective Order. Such notification shall include
25 a copy of this Protective Order; and
26 (c) cooperate with respect to all reasonable procedures sought to be
27 pursued by the Designating Party whose Protected Material may be affected.
28 If the Designating Party timely seeks a protective order, the Party served with
11
Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 12 of 17 Page ID #:207
1 the subpoena or court order shall not produce any information designated in this
2 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’
3 EYES ONLY” before a determination by the court from which the subpoena or
4 order issued, unless the Party has obtained the Designating Party’s permission, or
5 unless otherwise required by the law or court order. The Designating Party shall
6 bear the burden and expense of seeking protection in that court of its confidential
7 material and nothing in these provisions should be construed as authorizing or
8 encouraging a Receiving Party in this Action to disobey a lawful directive from
9 another court.
10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
11 PRODUCED IN THIS LITIGATION
12 (a) The terms of this Order are applicable to information produced by a
13 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
14 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information produced by
15 Non-Parties in connection with this litigation is protected by the remedies and relief
16 provided by this Order. Nothing in these provisions should be construed as
17 prohibiting a Non-Party from seeking additional protections.
18 (b) In the event that a Party is required, by a valid discovery request, to
19 produce a Non-Party’s confidential information in its possession, and the Party is
20 subject to an agreement with the Non-Party not to produce the Non-Party’s
21 confidential information, then the Party shall:
22 (1) promptly notify in writing the Requesting Party and the Non-Party
23 that some or all of the information requested is subject to a confidentiality
24 agreement with a Non-Party;
25 (2) promptly provide the Non-Party with a copy of the Protective
26 Order in this Action, the relevant discovery request(s), and a reasonably specific
27 description of the information requested; and
28 (3) make the information requested available for inspection by the
12
Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 13 of 17 Page ID #:208
1 Non-Party, if requested.
2 (c) If a Non-Party fails to seek a protective order from this court within 14
3 days of receiving the notice and accompanying information, the Receiving Party
4 may produce the Non-Party’s confidential information responsive to the discovery
5 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
6 not produce any information in its possession or control that is subject to the
7 confidentiality agreement with the Non-Party before a determination by the court
8 unless otherwise required by the law or court order. Absent a court order to the
9 contrary, the Non-Party shall bear the burden and expense of seeking protection in
10 this court of its Protected Material.
11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
13 Protected Material to any person or in any circumstance not authorized under this
14 Protective Order, the Receiving Party must immediately (a) notify in writing the
15 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
16 all unauthorized copies of the Protected Material, (c) inform the person or persons to
17 whom unauthorized disclosures were made of all the terms of this Order, and
18 (d) request such person or persons to execute the “Acknowledgment and Agreement
19 to Be Bound” (Exhibit A).
20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR
21 OTHERWISE PROTECTED MATERIAL
22 When a Producing Party gives notice to Receiving Parties that certain
23 inadvertently produced material is subject to a claim of privilege or other protection,
24 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
25 Procedure 26(b)(5)(B). This provision is not intended to modify whatever
26 procedure may be established in an e-discovery order that provides for production
27 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
28 (e), insofar as the parties reach an agreement on the effect of disclosure of a
13
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1 communication or information covered by the attorney-client privilege or work
2 product protection, the parties may incorporate their agreement into this Protective
3 Order.
4 12. MISCELLANEOUS
5 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
6 person to seek its modification by the Court in the future.
7 12.2 Right to Assert Other Objections. No Party waives any right it
8 otherwise would have to object to disclosing or producing any information or item
9 on any ground not addressed in this Protective Order. Similarly, no Party waives
10 any right to object on any ground to use in evidence of any of the material covered
11 by this Protective Order.
12 12.3 Filing Protected Material. A Party that seeks to file under seal any
13 Protected Material must comply with Civil Local Rule 79-5. Protected Material
14 may only be filed under seal pursuant to a court order authorizing the sealing of the
15 specific Protected Material at issue. If a Party’s request to file Protected Material
16 under seal is denied by the court, then the Receiving Party may file the information
17 in the public record unless otherwise instructed by the court.
18 13. FINAL DISPOSITION
19 After the final disposition of this Action, as defined in Section 4, within 60
20 days of a written request by the Designating Party, each Receiving Party must return
21 all Protected Material to the Producing Party or destroy such material. As used in
22 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
23 summaries, and any other format reproducing or capturing any of the Protected
24 Material. Whether the Protected Material is returned or destroyed, the Receiving
25 Party must submit a written certification to the Producing Party (and, if not the same
26 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
27 (by category, where appropriate) all the Protected Material that was returned or
28 destroyed and (2) affirms that the Receiving Party has not retained any copies,
14
Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 15 of 17 Page ID #:210
1 abstracts, compilations, summaries or any other format reproducing or capturing any
2 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
3 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
4 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
5 reports, attorney work product, and consultant and expert work product, even if such
6 materials contain Protected Material. Any such archival copies that contain or
7 constitute Protected Material remain subject to this Protective Order as set forth in
8 Section 4.
9 //
10 //
11 //
12 //
13 //
14 //
15 //
16 //
17 //
18 //
19 //
20 //
21 //
22 //
23 //
24 //
25 //
26 //
27 //
28 //
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1 14. Any violation of this Order may be punished by appropriate measures
2 || including, without limitation, contempt proceedings and/or monetary sanctions.
4 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.
6 || DATED: January 25, 2023
8 || /s/ Benjamin F. Tookey
9 || Attorneys for Plaintiff
10
11 || DATED: January 25, 2023
12
13 || /s/ Thomas P. Burke Jr.
14 || Attorneys for Defendants
15
16 The filer attests that all signatories listed, and on whose behalf this filing is
17 || submitted, concur in this filing’s content and have authorized its filing.
18
19 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
20 .
21 || DATED: January 25, 2023 Rayehin a. ——
22 United States Macistrate Judge
23
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Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 17 of 17 Page ID #:212
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, _____________________________ [print or type full name], of
5 _________________ [print or type full address], declare under penalty of perjury
6 that I have read in its entirety and understand the Protective Order that was issued
7 by the United States District Court for the Central District of California on
8 _________________________ in the case of Universal Dyeing & Printing, Inc. v.
9 Zoetop Business Co., Ltd., et al., Case No. 2:22-cv-03741-FLA-RAO. I agree to
10 comply with and to be bound by all the terms of this Protective Order and I
11 understand and acknowledge that failure to so comply could expose me to sanctions
12 and punishment in the nature of contempt. I solemnly promise that I will not
13 disclose in any manner any information or item that is subject to this Protective
14 Order to any person or entity except in strict compliance with the provisions of this
15 Order.
16 I further agree to submit to the jurisdiction of the United States District Court
17 for the Central District of California for the purpose of enforcing the terms of this
18 Protective Order, even if such enforcement proceedings occur after termination of
19 this action. I hereby appoint __________________________ [print or type full
20 name] of _______________________________________ [print or type full address
21 and telephone number] as my California agent for service of process in connection
22 with this action or any proceedings related to enforcement of this Protective Order.
23 Date: ______________________________________
24 City and State where sworn and signed: _________________________________
25 Printed name: _______________________________
26 Signature: __________________________________
27
28
17