IMEX Leader, Inc. v. Zest US Wholesale, Inc.

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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IMEX LEADER, INC., a California ) Case No. 8:22-cv-01432-FWS (JDEx)

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corporation; and IRINA GRANT, )

12 Plaintiffs, ) STIPULATED PROTECTIVE ORDER

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v. )

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15 ZEST US WHOLESALE INC., a )

California corporation; ZEST US, a )

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16 California corporation; ADIL AL )

HOURANI, an individual; OMAR AL )

17 )

HOURANI, an individual; KGR

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18 DISTRIBUTION CORP., a New Jersey )

19 corporation; RAVI KOMMI, an ) )

individual; SHIMS BARGAIN, INC., a )

20 California corporation, doing business as )

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21 JC SALES; and DOES 1-100, inclusive, )

Defendants. )

22 )

23 Based on the parties’ Stipulation (Dkt. 50), and for good cause shown, the

24 Court finds and orders as follows.

25 1. PURPOSES AND LIMITATIONS

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

27 proprietary or private information for which special protection from public

disclosure and from use for any purpose other than pursuing this litigation may be

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warranted. Accordingly, the parties hereby stipulate to and petition the Court to

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enter the following Stipulated Protective Order. The parties acknowledge that this

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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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8 2. GOOD CAUSE STATEMENT

9 This action is likely to involve trade secrets, customer and pricing lists and

10 other valuable research, development, commercial, financial, technical and/or

11 proprietary information for which special protection from public disclosure and

12 from use for any purpose other than prosecution of this action is warranted. Such

13 confidential and proprietary materials and information consist of, among other

14 things, confidential information, technical data, research, plans, designs, drawings,

15 molds, formulas, trade secrets, and other know-how relating to products, services,

16 creation, manufacturing, marketing, markets, customers, software, developments,

17 inventions, processes, engineering, configurations, finances, sales, costs, and profits,

18 other confidential business or financial information, information regarding

19 confidential business practices, or other confidential research, development, and

20 commercial information (including information implicating privacy rights of third

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

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

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

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

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

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

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

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

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

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

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

5 record of this case.

6 3. ACKNOWLEDGMENT OF UNDER SEAL FILING

7 PROCEDURE

8 The parties further acknowledge, as set forth in Section 14.3 below (Filing

9 Protected Material), that this Stipulated Protective Order does not entitle them to file

10 confidential information under seal; Local Civil Rule 79-5 sets forth the procedures

11 that must be followed and the standards that will be applied when a party seeks

12 permission from the court to file material under seal. There is a strong presumption

13 that the public has a right of access to judicial proceedings and records in civil cases.

14 In connection with non-dispositive motions, good cause must be shown to support a

15 filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172,

16 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th

17 Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis.

18 1999) (even stipulated protective orders require good cause showing), and a specific

19 showing of good cause or compelling reasons with proper evidentiary support and

20 legal justification, must be made with respect to Protected Material (as defined

21 below) that a party seeks to file under seal. The parties’ mere designation of

22 Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY

23 CONFIDENTIAL – ATTORNEYS’ EYES ONLY does not—without the

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

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

26 protectable—constitute good cause.

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

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

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

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

4 under seal, the party seeking protection must articulate compelling reasons,

5 supported by specific facts and legal justification, for the requested sealing order.

6 Again, competent evidence supporting the application to file documents under seal

7 must be provided by declaration.

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

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

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

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

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

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

14 4. DEFINITIONS

15 4.1 Action: this pending federal lawsuit.

16 4.2 Challenging Party: a Party or Non-Party that challenges the

17 designation of information or items under this Order.

18 4.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

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

21 the Good Cause Statement.

22 4.4 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”

23 Information or Items: extremely sensitive “CONFIDENTIAL” Information or Items,

24 the disclosure of which to another Party or Non-Party would create a substantial risk

25 of serious harm that could not be avoided by less restrictive means.

26 4.5 Counsel: Outside Counsel and House Counsel (and their support staff).

27 4.6 Designating Party: a Party or Non-Party that designates information or

1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

2 ONLY.”

3 4.7 Disclosure or Discovery Material: all items or information, regardless

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

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

6 generated in disclosures or responses to discovery.

7 4.8 Expert: a person with specialized knowledge or experience in a matter

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

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

10 4.9 House Counsel: attorneys who are employees of a party to this Action.

11 House Counsel does not include Outside Counsel .

12 4.10 Non-Party: any natural person, partnership, corporation, association or

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

14 4.11 Outside Counsel: attorneys who are not employees of a party to this

15 Action but are retained to represent a party to this Action, and includes support staff.

16 4.12 Party: any party to this Action, including all of its officers, directors,

17 employees, consultants, retained experts, and Outside Counsel (and their support

18 staff).

19 4.13 Producing Party: a Party or Non-Party that produces Disclosure or

20 Discovery Material in this Action.

21 4.14 Professional Vendors: persons or entities that provide litigation support

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

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

24 and their employees and subcontractors.

25 4.15 Protected Material: any Disclosure or Discovery Material that is

26 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL --

27 ATTORNEYS’ EYES ONLY.”

1 Material from a Producing Party.

2 5. SCOPE

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

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

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

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

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

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

9 trial judge and other applicable authorities. This Order does not govern the use of

10 Protected Material at trial.

11 6. DURATION

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

13 CONFIDENTIAL or HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY

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

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

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

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

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

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

20 related documents are part of court record). Accordingly, the terms of this protective

21 order do not extend beyond the commencement of the trial.

22 7. DESIGNATING PROTECTED MATERIAL

23 7.1 Exercise of Restraint and Care in Designating Material for Protection.

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

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

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

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

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

2 within the ambit of this Order.

3 Mass, indiscriminate or routinized designations are prohibited. Designations

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

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

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

7 Party to sanctions.

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

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

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

11 7.2 Manner and Timing of Designations. Except as otherwise provided in

12 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material

13 that qualifies for protection under this Order must be clearly so designated before

14 the material is disclosed or produced.

15 Designation in conformity with this Order requires:

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

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

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

19 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY

20 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” (hereinafter “HIGHLY

21 CONFIDENTIAL legend”), to each page that contains protected material. If only a

22 portion of the material on a page qualifies for protection, the Producing Party also

23 must clearly identify the protected portion(s) (e.g., by making appropriate markings

24 in the margins).

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

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

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

1 deemed “CONFIDENTIAL.” After the inspecting Party has identified the

2 documents it wants copied and produced, the Producing Party must determine which

3 documents, or portions thereof, qualify for protection under this Order. Then, before

4 producing the specified documents, the Producing Party must affix the

5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

6 ONLY” legend to each page that contains Protected Material. If only a portion of

7 the material on a page qualifies for protection, the Producing Party also must clearly

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

9 margins).

10 (b) for testimony given in depositions, that the Designating Party either

11 identifies, on the record, the Disclosure or Discovery Material that contains

12 Protected Material, before the close of the deposition, or designates such material as

13 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

14 ONLY” by letter or other writing after the close of the deposition. Until such

15 designation is made, or the expiration of 21 days after the close of the deposition,

16 whichever occurs earlier, the transcript shall be treated during that period as if it had

17 been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in

18 its entirety unless otherwise agreed. After such designation is made, or the

19 expiration of the 21-day period, whichever occurs earlier, the transcript shall be

20 treated only as actually designated.

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

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

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

24 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’

25 EYES ONLY.” If only a portion or portions of the information warrants protection,

26 the Producing Party, to the extent practicable, shall identify the protected portion(s).

27 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

4 Order.

5 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

6 8.1. Timing of Challenges. Any Party or Non-Party may challenge a

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

8 Scheduling Order.

9 8.2 Meet and Confer. The Challenging Party shall initiate the dispute

10 resolution process under Local Rule 37-1 et seq.

11 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a

12 joint stipulation pursuant to Local Rule 37-2.

13 8.4 The burden of persuasion in any such challenge proceeding shall be on

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

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

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

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

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

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

20 challenge.

21 9. ACCESS TO AND USE OF PROTECTED MATERIAL

22 9.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

27 Receiving Party must comply with the provisions of Section 15 below (FINAL

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

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

3 authorized under this Order.

4 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

6 Receiving Party may disclose any information or item designated

7 “CONFIDENTIAL” only to:

8 (a) the Receiving Party’s Outside Counsel, as well as employees of said

9 Outside Counsel to whom it is reasonably necessary to disclose the information for

10 this Action;

11 (b) if an individual, the Receiving Party, and, if an entity, the officers,

12 directors, and employees (including House Counsel) of the Receiving Party to

13 whom disclosure is reasonably necessary for this Action;

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

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

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

17 (d) the court and its personnel;

18 (e) court reporters and their staff;

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

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

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

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

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

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

25 the Action to whom disclosure is reasonably necessary provided: (1) the deposing

26 party requests that the witness sign the form attached as Exhibit A hereto; and (2)

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

1 agreed by the Designating Party or ordered by the court. Pages of transcribed

2 deposition testimony or exhibits to depositions that reveal Protected Material may

3 be separately bound by the court reporter and may not be disclosed to anyone except

4 as permitted under this Stipulated Protective Order; and

5 (i) any mediators or settlement officers and their supporting personnel,

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

7 9.3 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

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

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

10 item designated “HIGHLY CONFIDENTIAL” only to:

11 (a) the Receiving Party’s Outside Counsel, as well as employees of said

12 Outside Counsel to whom it is reasonably necessary to disclose the information for

13 this Action;

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

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

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

17 (c) the court and its personnel;

18 (d) private court reporters and their staff to whom disclosure is

19 reasonably necessary for this Action and who have signed the “Acknowledgment

20 and Agreement to Be Bound” (Exhibit A);

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

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

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

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

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

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

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

1 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED

2 PRODUCED IN OTHER LITIGATION

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

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

5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

6 ONLY,” that Party must:

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

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

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

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

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

12 a copy of this Stipulated Protective Order; and

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

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

15 Designating Party timely seeks a protective order, the Party served with the

16 subpoena or court order shall not produce any information designated in this action

17 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

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

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

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

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

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

23 directive from another court.

24 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO

25 BE PRODUCED IN THIS LITIGATION

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

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

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

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

3 prohibiting a Non-Party from seeking additional protections.

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

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

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

7 confidential information, then the Party shall:

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

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

10 agreement with a Non-Party;

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

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

13 specific description of the information requested; and

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

15 the Non-Party, if requested.

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

17 within 14 days of receiving the notice and accompanying information, the Receiving

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

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

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

21 the confidentiality agreement with the Non-Party before a determination by the

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

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

24 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

4 Agreement to Be Bound” attached hereto as Exhibit A.

5 13. INADVERTENT PRODUCTION OF PRIVILEGED OR

6 OTHERWISE PROTECTED MATERIAL

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

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

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

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

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

12 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar

13 as the parties reach an agreement on the effect of disclosure of a communication or

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

15 parties may incorporate their agreement in the stipulated protective order submitted

16 to the court.

17 14. MISCELLANEOUS

18 14.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

20 14.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

25 14.3 Filing Protected Material. A Party that seeks to file under seal any

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

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

1 |/is denied by the court, then the Receiving Party may file the information in the

2 || public record unless otherwise instructed by the court.

3 15. FINAL DISPOSITION

4 After the final disposition of this Action, as defined in paragraph 6, within 60

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

|| Section 6 above (DURATION).

22 16. VIOLATION

23 Any violation of this Order may be punished by appropriate measures

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

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

26 DATED: March 31, 2023 Le.

27 iar D. EARLY

28 nited States Magistrate Judge

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, __________________________________________ [print full name], of

4 _________________________________________________________________

5 [print full address], declare under penalty of perjury that I have read in its entirety

6 and understand the Stipulated Protective Order that was issued by the United States

7 District Court for the Central District of California in the case of Imex Leader, Inc.,

8 et al. v. Zest US Wholesale Inc., et al., Case No. 8:22-cv-01432-FWS (JDEx). I

9 agree to comply with and to be bound by all the terms of this Stipulated Protective

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

11 to sanctions and punishment in the nature of contempt. I solemnly promise that I

12 will not disclose in any manner any information or item that is subject to this

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

14 the provisions of this Order.

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

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

17 Protective Order, even if such enforcement proceedings occur after termination of

18 this action. I hereby appoint ______________________________ [print full name]

19 of __________________________________________________ [print full address

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

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

22 Protective Order.

23 Date: ______________________________________

24 City and State where sworn and signed: _________________________________

25 Printed name: _______________________________

26

27 Signature: __________________________________