The Breakfast Klub, Inc. v. 1600 Breakfast Club, LLC

Case 2:22-cv-03730-FMO-GJS Document 43 Filed 03/06/23 Page 1 of 17 Page ID #:3109

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10 THE BREAKFAST KLUB, INC.,

Case No. 2:22-cv-03730-FMO-GJS

Plaintiff,

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v. STIPULATED PROTECTIVE

12 1600 BREAKFAST CLUB, LLC ORDER1

d/b/a The Breakfast Club, and JOHN

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DOES 1-10,

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Defendants.

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1. A. PURPOSES AND LIMITATIONS

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

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financial, proprietary, or private information for which special protection from

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public disclosure and from use for any purpose other than prosecuting this litigation

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may be warranted. Accordingly, the parties hereby stipulate to and petition the

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Court to enter the following Stipulated Protective Order. The parties acknowledge

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that this Order does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords from public disclosure and use extends

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only to the limited information or items that are entitled to confidential treatment

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under the applicable legal principles.

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1 This Stipulated Protective Order is substantially based on the model protective

order provided under Magistrate Judge Gail J. Standish’s Procedures.

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1 B. GOOD CAUSE STATEMENT

2 This action is likely to involve customer and pricing lists and other valuable

3 commercial, financial, and/or proprietary information for which special protection

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

5 action is warranted. Such confidential and proprietary materials and information

6 consist of, among other things, confidential business or financial information,

7 information regarding confidential business practices, or other confidential

8 commercial information (including information implicating privacy rights of third

9 parties), information otherwise generally unavailable to the public, or which may be

10 privileged or otherwise protected from disclosure under state or federal statutes,

11 court rules, case decisions, or common law. Accordingly, to expedite the flow of

12 information, to facilitate the prompt resolution of disputes over confidentiality of

13 discovery materials, to adequately protect information the parties are entitled to keep

14 confidential, to ensure that the parties are permitted reasonable necessary uses of

15 such material in preparation for and in the conduct of trial, to address their handling

16 at the end of the litigation, and serve the ends of justice, a protective order for such

17 information is justified in this matter. It is the intent of the parties that information

18 will not be designated as confidential for tactical reasons and that nothing be so

19 designated without a good faith belief that it has been maintained in a confidential,

20 non-public manner, and there is good cause why it should not be part of the public

21 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” or

11 “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” does not—without

12 the submission of competent evidence by declaration, establishing that the material

13 sought to be filed under seal qualifies as confidential, privileged, or otherwise

14 protectable—constitute good cause.

15 Further, if a party requests sealing related to a dispositive motion or trial, then

16 compelling reasons, not only good cause, for the sealing must be shown, and the

17 relief sought shall be narrowly tailored to serve the specific interest to be protected.

18 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For

19 each item or type of information, document, or thing sought to be filed or introduced

20 under seal in connection with a dispositive motion or trial, the party seeking

21 protection must articulate compelling reasons, supported by specific facts and legal

22 justification, for the requested sealing order. Again, competent evidence supporting

23 the application to file documents under seal must be provided by declaration.

24 Any document that is not confidential, privileged, or otherwise protectable in

25 its entirety will not be filed under seal if the confidential portions can be redacted.

26 If documents can be redacted, then a redacted version for public viewing, omitting

27 only the confidential, privileged, or otherwise protectable portions of the document,

28 shall be filed. Any application that seeks to file documents under seal in their

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1 entirety should include an explanation of why redaction is not feasible.

2 2. DEFINITIONS

3 2.1 Action: this pending federal lawsuit.

4 2.2 Challenging Party: a Party or Non-Party that challenges the

5 designation of information or items under this Order.

6 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

7 how it is generated, stored or maintained) or tangible things that qualify for

8 protection under Federal Rule of Civil Procedure 26(c), and as specified above in

9 the Good Cause Statement.

10 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

11 their support staff).

12 2.5 Designating Party: a Party or Non-Party that designates information or

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

14 “CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES

15 ONLY.”

16 2.6 Disclosure or Discovery Material: all items or information, regardless

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

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

19 generated in disclosures or responses to discovery in this matter.

20 2.7 Expert: a person with specialized knowledge or experience in a matter

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

22 an expert witness or as a consultant in this Action.

23 2.8 House Counsel: attorneys who are employees of a party to this Action.

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

25 counsel.

26 2.9 Non-Party: any natural person, partnership, corporation, association or

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

28 2.10 Outside Counsel of Record: attorneys who are not employees of a

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1 party to this Action but are retained to represent or advise a party to this Action and

2 have appeared in this Action on behalf of that party or are affiliated with a law firm

3 that has appeared on behalf of that party, and includes support staff.

4 2.11 Party: any party to this Action, including all of its officers, directors,

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

6 support staffs).

7 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

8 Discovery Material in this Action.

9 2.13 Professional Vendors: persons or entities that provide litigation

10 support services (e.g., photocopying, videotaping, translating, preparing exhibits or

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

12 and their employees and subcontractors.

13 2.14 Protected Material: any Disclosure or Discovery Material that is

14 designated as “CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE

15 ATTORNEYS’ EYES ONLY.”

16 2.15 Receiving Party: a Party that receives Disclosure or Discovery

17 Material from a Producing Party.

3. SCOPE

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The protections conferred by this Stipulation and Order cover not only

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

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

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

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

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

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

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4. DURATION

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FINAL DISPOSITION of the action is defined as the conclusion of any

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appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal

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1 has run. Except as set forth below, the terms of this protective order apply through

2 FINAL DISPOSITION of the action. The parties may stipulate that the they will be

3 contractually bound by the terms of this agreement beyond FINAL DISPOSITION,

4 but will have to file a separate action for enforcement of the agreement once all

5 proceedings in this case are complete.

6 Once a case proceeds to trial, information that was designated as

7 CONFIDENTIAL or CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY

8 or maintained pursuant to this protective order used or introduced as an exhibit at

9 trial becomes public and will be presumptively available to all members of the

10 public, including the press, unless compelling reasons supported by specific factual

11 findings to proceed otherwise are made to the trial judge in advance of the trial. See

12 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing

13 documents produced in discovery from “compelling reasons” standard when merits-

14 related documents are part of court record). Accordingly, for such materials, the

15 terms of this protective order do not extend beyond the commencement of the trial.

16 5. DESIGNATING PROTECTED MATERIAL

17 5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

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

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

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

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

23 or communications for which protection is not warranted are not swept unjustifiably

24 within the ambit of this Order.

25 Mass, indiscriminate or routinized designations are prohibited. Designations

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

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

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

2 Party to sanctions.

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

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

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

6 5.2 Manner and Timing of Designations. Except as otherwise provided in

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

8 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

9 under this Order must be clearly so designated before the material is disclosed or

10 produced.

11 Designation in conformity with this Order requires:

12 (a) For information in documentary form (e.g., paper or electronic

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

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

15 “CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES

16 ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains

17 protected material. If only a portion of the material on a page qualifies for

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

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

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

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

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

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

24 deemed “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY.” After the

25 inspecting Party has identified the documents it wants copied and produced, the

26 Producing Party must determine which documents, or portions thereof, qualify for

27 protection under this Order. Then, before producing the specified documents, the

28 Producing Party must affix the “CONFIDENTIAL legend” to each page that

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1 contains Protected Material. If only a portion of the material on a page qualifies for

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

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

4 (b) For testimony given in depositions that the Designating Party

5 identifies the Disclosure or Discovery Material on the record, before the close of the

6 deposition all protected testimony. Counsel for a Designating Party shall have the

7 right to exclude from depositions any person who is not authorized to receive items

8 or information designated “CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE

9 ATTORNEYS’ EYES ONLY”, but such right of exclusion shall be applicable only

10 during periods of examination or testimony during which the items or information

11 designated “CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE ATTORNEYS’

12 EYES ONLY” are being used or discussed.

13 (c) For information produced in some form other than documentary and

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

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

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

17 warrants protection, the Producing Party, to the extent practicable, shall identify the

18 protected portion(s).

19 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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

24 Order.

25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

26 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

28 Scheduling Order.

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1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

2 resolution process under Local Rule 37.1 et seq.

3 6.3 The burden of persuasion in any such challenge proceeding shall be on

4 the Designating Party. Frivolous challenges, and those made for an improper

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

6 parties) may expose the Challenging Party to sanctions. Unless the Designating

7 Party has waived or withdrawn the confidentiality designation, all parties shall

8 continue to afford the material in question the level of protection to which it is

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

10 challenge.

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12 7. ACCESS TO AND USE OF PROTECTED MATERIAL

13 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

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

19 DISPOSITION).

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

21 location and in a secure manner that ensures that access is limited to the persons

22 authorized under this Order.

23 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

24 otherwise ordered by the court or permitted in writing by the Designating Party, a

25 Receiving Party may disclose any information or item designated

26 “CONFIDENTIAL” only to:

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

28 well as employees of said Outside Counsel of Record to whom it is reasonably

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1 necessary to disclose the information for this Action;

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

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

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

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

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

7 (d) the court and its personnel;

8 (e) court reporters and their staff;

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

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

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

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

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

14 (h) any mediator or settlement officer, and their supporting personnel,

15 mutually agreed upon by any of the parties engaged in settlement discussions; and

16 (i) any witness called to give testimony in this action (whether by

17 deposition or otherwise), but only to the extent the witness or potential witness

18 (i) was an author, signatory, or prior recipient of the item designated

19 “CONFIDENTIAL”, or otherwise had access to it, or (ii) is a witness to events,

20 circumstances, or matters related to the item designated “CONFIDENTIAL”;

21 provided, however, in either circumstance, the (1) the deposing party requests that

22 the witness sign the form attached as Exhibit A hereto; and (2) the witness not be

23 permitted to keep any item designated “CONFIDENTIAL” unless the witness signs

24 the “Acknowledgment and Agreement to Be Bound” (Exhibit A).

25 7.3 Disclosure of “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES

26 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in

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

28 item designated “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY”

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1 only to:

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

3 well as employees of said Outside Counsel of Record to whom it is reasonably

4 necessary to disclose the information for this Action;

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

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

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

8 (c) the court and its personnel;

9 (d) court reporters and their staff;

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

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

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

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

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

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

16 mutually agreed upon by any of the parties engaged in settlement discussions; and

17 (h) any witness called to give testimony in this action (whether by

18 deposition or otherwise) and their Outside Counsel of Record, but only to the extent

19 the witness or potential witness (i) was an author, signatory, or prior recipient of the

20 item designated “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY”, or

21 otherwise had access to it, or (ii) is a witness to events, circumstances, or matters

22 related to the item designated “CONFIDENTIAL – OUTSIDE ATTORNEYS’

23 EYES ONLY”; provided, however, in either circumstance, the (1) the deposing

24 party requests that the witness and Outside Counsel of Record sign the form

25 attached as Exhibit A hereto; and (2) the witness and Outside Counsel of Record not

26 be permitted to keep any item designated “CONFIDENTIAL – OUTSIDE

27 ATTORNEYS’ EYES ONLY” unless they sign the “Acknowledgment and

28 Agreement to Be Bound” (Exhibit A).

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1 7.4 Case-by-Case Access for House Counsel. Although a Party’s House

2 Counsel is not allowed to access information or items designated

3 “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY,” a Receiving Party

4 may request on a case-by-case basis for the Receiving Party’s House Counsel to be

5 allowed access to certain information or items designated “CONFIDENTIAL –

6 OUTSIDE ATTORNEYS’ EYES ONLY.” If the Producing Party agrees to such a

7 request, then the items or information subject to that agreement will be redesignated

8 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and only the persons identified

9 in Paragraph 7.3 plus the following category of persons may access such items or

10 information: the Receiving Party’s House Counsel to whom it is reasonably

11 necessary to disclose the information for this Action. If the Producing Party does not

12 agree to the Receiving Party’s request, then the Receiving Party may challenge the

13 designation in accordance with Paragraph 6.

14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

15 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 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that

19 Party must:

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

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

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 Stipulated 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

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1 the subpoena or court order shall not produce any information designated in this

2 action as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES

3 ONLY” before a determination by the court from which the subpoena or order

4 issued, unless the Party has obtained the Designating Party’s permission. The

5 Designating Party shall bear the burden and expense of seeking protection in that

6 court of its confidential material and nothing in these provisions should be construed

7 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful

8 directive from another court.

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

10 PRODUCED IN THIS LITIGATION

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

12 Non-Party in this Action and designated as “CONFIDENTIAL” or

13 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced

14 by Non-Parties in connection with this litigation is protected by the remedies and

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

16 prohibiting a Non-Party from seeking additional protections.

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

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

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

20 confidential information, then the Party shall:

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

22 that some or all of the information requested is subject to a confidentiality

23 agreement with a Non-Party;

24 (2) promptly provide the Non-Party with a copy of the Stipulated

25 Protective Order in this Action, the relevant discovery request(s), and a reasonably

26 specific description of the information requested; and

27 (3) make the information requested available for inspection by the

28 Non-Party, if requested.

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1 (c) If the Non-Party fails to seek a protective order from this court within

2 14 days of receiving the notice and accompanying information, the Receiving Party

3 may produce the Non-Party’s confidential information responsive to the discovery

4 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

5 not produce any information in its possession or control that is subject to the

6 confidentiality agreement with the Non-Party before a determination by the court.

7 Absent a court order to the contrary, the Non-Party shall bear the burden and

8 expense of seeking protection in this court of its Protected Material.

9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

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

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

18 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

19 PROTECTED MATERIAL

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

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

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

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

24 procedure may be established in an e-discovery order that provides for production

25 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

26 (e), insofar as the parties reach an agreement on the effect of disclosure of a

27 communication or information covered by the attorney-client privilege or work

28 product protection, the parties may incorporate their agreement in the stipulated

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1 protective order submitted to the court.

2 12. MISCELLANEOUS

3 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

5 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

10 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

12 may only be filed under seal pursuant to a court order authorizing the sealing of the

13 specific Protected Material at issue. If a Party’s request to file Protected Material

14 under seal is denied by the court, then the Receiving Party may file the information

15 in the public record unless otherwise instructed by the court.

16 13. FINAL DISPOSITION

17 After the final disposition of this Action, as defined in paragraph 4, within 60

18 days of a written request by the Designating Party, each Receiving Party must return

19 all Protected Material to the Producing Party or destroy such material. As used in

20 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

21 summaries, and any other format reproducing or capturing any of the Protected

22 Material. Whether the Protected Material is returned or destroyed, the Receiving

23 Party must submit a written certification to the Producing Party (and, if not the same

24 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

25 (by category, where appropriate) all the Protected Material that was returned or

26 destroyed and (2) affirms that the Receiving Party has not retained any copies,

27 abstracts, compilations, summaries or any other format reproducing or capturing any

28 of the Protected Material. Notwithstanding this provision, Counsel are entitled to

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1 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

2 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

3 || reports, attorney work product, and consultant and expert work product, even if such

4 || materials contain Protected Material. Any such archival copies that contain or

5 || constitute Protected Material remain subject to this Protective Order as set forth in

6 || Section 4 (DURATION).

7 || 14. MIOLATION

8 || Any violation of this Order may be punished by appropriate measures including,

9 |) without limitation, contempt proceedings and/or monetary sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: March 3, 2023

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/s/ Andrew §. Harris

15 || Attorneys for Plaintiff

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DATED: March 3, 2023

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/s/ Carolyn M. Passen

20 || Attorneys for Defendant

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

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DATED: March 6, 2023

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27 || HON. GAIL J. STANDISH

United States Magistrate Judge

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Case 2:22-cv-03730-FMO-GJS Document 43 Filed 03/06/23 Page 17 of 17 Page ID #:3125

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 Stipulated Protective Order that

7 was issued by the United States District Court for the Central District of California

8 on _____ in the case of The Breakfast Klub, Inc. v. 1600 Breakfast Club, LLC, et al.,

9 Case No. 2:22-cv-03730-FMO-GJS. I agree to comply with and to be bound by all

10 the terms of this Stipulated Protective Order and I understand and acknowledge that

11 failure to so comply could expose me to sanctions and punishment in the nature of

12 contempt. I solemnly promise that I will not disclose in any manner any

13 information or item that is subject to this Stipulated Protective Order to any person

14 or entity except in strict compliance with the provisions of this Order.

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

16 Central District of California for enforcing the terms of this Stipulated Protective

17 Order, even if such enforcement proceedings occur after termination of this action.

18 I hereby appoint __________________________ [print or type full name] of

19 _______________________________________ [print or type full address and

20 telephone number] as my California agent for service of process in connection with

21 this action or any proceedings related to enforcement of this Stipulated Protective

22 Order.

23 Date: ______________________________________

24 City and State where sworn and signed: _________________________________

25

26 Printed name: _______________________________

27 Signature: __________________________________

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