even stipulated 16 protective orders require good cause showing
How later courts described this case
- even stipulated 16 protective orders require good cause showing
Written by the judges who cited it.
The opinion
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
SOUTHERN DIVISION
11
JENNIFER KARLSSON, ) Case No. 8:23-cv-00037-JWH-JDE
12 )
)
13 Plaintiff, ) STIPULATED PROTECTIVE
) ORDER
)
14
v. )
)
15
)
SECURITY INNOVATION, INC., a )
16 Delaware corporation; and DOES 1-50, )
inclusive, )
17 Defendants. )
)
18
19
Based on the Parties’ Stipulation, the Court finds and orders as follows.
20
1. PURPOSES AND LIMITATIONS
21
Discovery in this action is likely to involve production of confidential,
22
23 proprietary or private information for which special protection from public
24 disclosure and from use for any purpose other than pursuing this litigation may
25 be warranted. Accordingly, the parties hereby stipulate to and petition the
26 Court to enter the following Stipulated Protective Order. The parties
27 acknowledge that this Order does not confer blanket protections on all
28 disclosures or responses to discovery and that the protection it affords from
1 public disclosure and use extends only to the limited information or items that
2 are entitled to confidential treatment under the applicable legal principles.
3 2. GOOD CAUSE STATEMENT
4 This action is likely to involve trade secrets; customer and pricing lists
5 and other valuable research; sales, commissions, and sales quota information;
6 customer invoices; royalty agreements; employment agreements and
7
termination correspondence; medical and health information; payroll
8
information; performance reviews; development, commercial, financial,
9
technical and/or proprietary information; and email correspondence regarding
10
the foregoing, for which special protection from public disclosure and from use
11
for any purpose other than prosecution of this action is warranted. Such
12
confidential and proprietary materials and information consist of, among other
13
things, confidential business or financial information, information regarding
14
confidential business practices, or other confidential research, development, or
15
commercial information (including information implicating privacy rights of
16
third parties), information otherwise generally unavailable to the public, or
17
which may be privileged or otherwise protected from disclosure under state or
18
federal statutes, court rules, case decisions, or common law. Accordingly, to
19
expedite the flow of information, to facilitate the prompt resolution of disputes
20
21 over confidentiality of discovery materials, to adequately protect information
22 the parties are entitled to keep confidential, to ensure that the parties are
23 permitted reasonable necessary uses of such material in preparation for and in
24 the conduct of trial, to address their handling at the end of the litigation, and
25 serve the ends of justice, a protective order for such information is justified in
26 this matter. It is the intent of the parties that information will not be designated
27 as confidential for tactical reasons and that nothing be so designated without a
28 good faith belief that it has been maintained in a confidential, non-public
1 manner, and there is good cause why it should not be part of the public record
2 of this case.
3 3. ACKNOWLEDGMENT OF UNDER SEAL FILING
4 PROCEDURE
5 The parties further acknowledge, as set forth in Section 14.3, below, that
6 this Stipulated Protective Order does not entitle them to file confidential
7
information under seal; Local Civil Rule 79-5 sets forth the procedures that
8
must be followed and the standards that will be applied when a party seeks
9
permission from the court to file material under seal. There is a strong
10
presumption that the public has a right of access to judicial proceedings and
11
records in civil cases. In connection with non-dispositive motions, good cause
12
must be shown to support a filing under seal. See Kamakana v. City and
13
County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.
14
Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
15
Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
16
protective orders require good cause showing), and a specific showing of good
17
cause or compelling reasons with proper evidentiary support and legal
18
justification, must be made with respect to Protected Material that a party
19
seeks to file under seal. The parties’ mere designation of Disclosure or
20
21 Discovery Material as CONFIDENTIAL does not— without the submission
22 of competent evidence by declaration, establishing that the material sought to
23 be filed under seal qualifies as confidential, privileged, or otherwise
24 protectable—constitute good cause.
25 Further, if a party requests sealing related to a dispositive motion or trial,
26 then compelling reasons, not only good cause, for the sealing must be shown,
27 and the relief sought shall be narrowly tailored to serve the specific interest to
28 be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th
1 Cir. 2010). For each item or type of information, document, or thing sought to
2 be filed or introduced under seal, the party seeking protection must articulate
3 compelling reasons, supported by specific facts and legal justification, for the
4 requested sealing order. Again, competent evidence supporting the application
5 to file documents under seal must be provided by declaration.
6 Any document that is not confidential, privileged, or otherwise
7
protectable in its entirety will not be filed under seal if the confidential portions
8
can be redacted. If documents can be redacted, then a redacted version for
9
public viewing, omitting only the confidential, privileged, or otherwise
10
protectable portions of the document, shall be filed. Any application that seeks
11
to file documents under seal in their entirety should include an explanation of
12
why redaction is not feasible.
13
4. DEFINITIONS
14
4.1 Action: The above-captioned pending federal lawsuit.
15
4.2 Challenging Party: a Party or Non-Party that challenges the
16
designation of information or items under this Order.
17
4.3 “CONFIDENTIAL” Information or Items: information
18
(regardless of how it is generated, stored or maintained) or tangible things that
19
qualify for protection under Federal Rule of Civil Procedure 26(c), and as
20
21 specified above in the Good Cause Statement.
22 4.4 Counsel: Outside Counsel of Record and House Counsel (as well
23 as their support staff).
24 4.5 Designating Party: a Party or Non-Party that designates
25 information or items that it produces in disclosures or in responses to discovery
26 as “CONFIDENTIAL.”
27 4.6 Disclosure or Discovery Material: all items or information,
28 regardless of the medium or manner in which it is generated, stored, or
1 maintained (including, among other things, testimony, transcripts, and tangible
2 things), that are produced or generated in disclosures or responses to discovery.
3 4.7 Expert: a person with specialized knowledge or experience in a
4 matter pertinent to the litigation who has been retained by a Party or its
5 counsel to serve as an expert witness or as a consultant in this Action.
6 4.8 House Counsel: attorneys who are employees of a party to this
7
Action. House Counsel does not include Outside Counsel of Record or any
8
other outside counsel.
9
4.9 Non-Party: any natural person, partnership, corporation,
10
association or other legal entity not named as a Party to this action.
11
4.10 Outside Counsel of Record: attorneys who are not employees of a
12
party to this Action but are retained to represent a party to this Action and
13
have appeared in this Action on behalf of that party or are affiliated with a law
14
firm that has appeared on behalf of that party, and includes support staff.
15
4.11 Party: any party to this Action, including all of its officers,
16
directors, employees, consultants, retained experts, and Outside Counsel of
17
Record (and their support staffs).
18
4.12 Producing Party: a Party or Non-Party that produces Disclosure or
19
Discovery Material in this Action.
20
21 4.13 Professional Vendors: persons or entities that provide litigation
22 support services (e.g., photocopying, videotaping, translating, preparing
23 exhibits or demonstrations, and organizing, storing, or retrieving data in any
24 form or medium) and their employees and subcontractors.
25 4.14 Protected Material: any Disclosure or Discovery Material that is
26 designated as “CONFIDENTIAL.”
27 4.15 Receiving Party: a Party that receives Disclosure or Discovery
28 Material from a Producing Party.
1 4.16 Final Disposition: a full and final settlement by all parties or a
2 verdict for which all appeals have been exhausted.
3 5. SCOPE
4 The protections conferred by this Stipulation and Order cover not only
5 Protected Material (as defined above), but also (1) any information copied or
6 extracted from Protected Material; (2) all copies, excerpts, summaries, or
7
compilations of Protected Material; and (3) any testimony, conversations, or
8
presentations by Parties or their Counsel that might reveal Protected Material.
9
Any use of Protected Material at trial shall be governed by the orders of
10
the trial judge and other applicable authorities. This Order does not govern the
11
use of Protected Material at trial.
12
6. DURATION
13
Once a case proceeds to trial, information that was designated as
14
CONFIDENTIAL or maintained pursuant to this protective order used or
15
introduced as an exhibit at trial becomes public and will be presumptively
16
available to all members of the public, including the press, unless compelling
17
reasons supported by specific factual findings to proceed otherwise are made to
18
the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
19
(distinguishing “good cause” showing for sealing documents produced in
20
21 discovery from “compelling reasons” standard when merits-related documents
22 are part of court record). Accordingly, the terms of this protective order do not
23 extend beyond the commencement of the trial.
24 7. DESIGNATING PROTECTED MATERIAL
25 7.1 Exercise of Restraint and Care in Designating Material for
26 Protection. Each Party or Non-Party that designates information
27 or items for protection under this Order must take care to limit any such
28 designation to specific material that qualifies under the appropriate standards.
1 The Designating Party must designate for protection only those parts of
2 material, documents, items or oral or written communications that qualify so
3 that other portions of the material, documents, items or communications for
4 which protection is not warranted are not swept unjustifiably within the ambit
5 of this Order.
6 Mass, indiscriminate or routinized designations are prohibited.
7
Designations that are shown to be clearly unjustified or that have been made
8
for an improper purpose (e.g., to unnecessarily encumber the case development
9
process or to impose unnecessary expenses and burdens on other parties) may
10
expose the Designating Party to sanctions.
11
If it comes to a Designating Party’s attention that information or items
12
that it designated for protection do not qualify for protection, that Designating
13
Party must promptly notify all other Parties that it is withdrawing the
14
inapplicable designation.
15
16 7.2 Manner and Timing of Designations. Except as otherwise
17 provided in this Order, or as otherwise stipulated or ordered, Disclosure of
18 Discovery Material that qualifies for protection under this Order must be
19 clearly so designated before the material is disclosed or produced.
20 Designation in conformity with this Order requires:
21 (a) for information in documentary form (e.g., paper or electronic
22 documents, but excluding transcripts of depositions or other pretrial or trial
23 proceedings), that the Producing Party affix at a minimum, the legend
24 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page
25 that contains protected material. If only a portion of the material on a page
26 qualifies for protection, the Producing Party also must clearly identify the
27 protected portion(s) (e.g., by making appropriate markings in the margins). A
28
1
Party or Non-Party that makes original documents available for inspection
2
need not designate them for protection until after the inspecting Party has
3
indicated which documents it would like copied and produced. During the
4
inspection and before the designation, all of the material made available for
5
inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party
6
has identified the documents it wants copied and produced, the Producing
7
Party must determine which documents, or portions thereof, qualify for
8
protection under this Order. Then, before producing the specified documents,
9
the Producing Party must affix the “CONFIDENTIAL legend” to each page
10
that contains Protected Material. If only a portion of the material on a page
11
qualifies for protection, the Producing Party also must clearly identify the
12
protected portion(s) (e.g., by making appropriate markings in the margins).
13
(b) for testimony given in depositions, that the Designating Party
14
identifies the information it considers to be Confidential by (a) identifying the
15
Confidential information and/or documents at the time of the deposition and
16
requesting that the Court Reporter prepare a separate confidential transcript
17
regarding such testimony, exhibits, or other materials, or (b) serving a written
18
19 designation of the Confidential testimony, exhibits, or other materials on the
20 other parties to this agreement and on the Court Reporter within thirty (30)
21 calendar days after receiving such transcript.
22 (c) for information produced in some form other than
23 documentary and for any other tangible items, that the Producing Party affix
24 in a prominent place on the exterior of the container or containers in which the
25 information is stored the legend “CONFIDENTIAL.” If only a portion or
26 portions of the information warrants protection, the Producing Party, to the
27 extent practicable, shall identify the protected portion(s).
28
1
7.3 Inadvertent Failures to Designate. If a Designating Party
2
discovers its inadvertent failure to designate materials as Confidential, the
3
Designating Party’s inadvertent failure to designate qualified information or
4
items does not, standing alone, waive the Designating Party’s right to secure
5
protection under this Order for such material if that error is timely corrected.
6
Upon timely correction of a designation, the Receiving Party must make
7
reasonable efforts to assure that the material is treated in accordance with the
8
provisions of this Order. The Designating Party shall then provide the
9
Receiving Party with the same materials marked as Confidential, and the
10
Receiving Party shall promptly return or destroy the unmarked materials, and,
11
if destroyed, shall confirm same in writing with the Designating Party.
12
In addition, if the Receiving Party has inadvertently received materials
13
which that party knows, or has reason to believe, should have been designated
14
as Confidential but was not so marked, that Receiving Party shall immediately
15
notify the party who produced those materials and allow the producing party
16
to subsequently mark those materials as Confidential if warranted. At all
17
times, the Receiving Party shall treat those materials as Confidential unless the
18
19 producing party indicates in writing that the materials are not confidential. If
20 the materials are, in fact, Confidential, the Designating Party shall then
21 provide the Receiving Party with the same materials marked as Confidential,
22 and the Receiving Party shall promptly return or destroy the unmarked
23 materials, and, if destroyed, shall confirm same in writing with the Designating
24 Party.
25 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
26 8.1. 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 in accordance with this section. The Court, of course, has
1
the inherent jurisdiction to decide at any time whether a Confidential
2
designation is appropriate and/or whether any such documents should be
3
sealed in response to a motion to seal records. However, if a Party contends
4
that any marked material is not entitled to confidential treatment, that Party
5
must serve a written objection on the Designating Party within twenty-one (21)
6
calendar days of receiving materials marked as Confidential or receiving
7
designations of Confidential deposition testimony or deposition exhibits. That
8
objection should ask the Designating Party to provide the basis of the
9
confidentiality designation. If a dispute then arises over that Confidential
10
marking or designation, the Parties shall initiate the dispute resolution process
11
under Local Rule 37-1, et seq. If a Party does not challenge a Confidential
12
marking or designation within the aforementioned twenty-one (21) day period,
13
that Party waives the right to challenge the confidentiality of those materials.
14
15 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
16 resolution process under Local Rule 37-1 et seq.
17 8.3 Joint Stipulation. Any challenge submitted to the Court shall be
18 via a joint stipulation pursuant to Local Rule 37-2.
19 8.4 The burden of persuasion in any such challenge proceeding shall
20 be on the Designating Party. Frivolous challenges, and those made for an
21 improper purpose (e.g., to harass or impose unnecessary expenses and burdens
22 on other parties) may expose the Challenging Party to sanctions. Unless the
23 Designating Party has waived or withdrawn the confidentiality designation, all
24
parties shall continue to afford the material in question the level of protection
25
to which it is entitled under the Producing Party’s designation until the Court
26
rules on the challenge.
27
28
1 9. ACCESS TO AND USE OF PROTECTED MATERIAL
2 9.1 Basic Principles. A Receiving Party may use Protected Material
3 that is disclosed or produced by another Party or by a Non-Party in connection
4 with this Action only for prosecuting, defending or attempting to settle this
5 Action. Such Protected Material may be disclosed only to the categories of
6 persons and under the conditions described in this Order. When the Action has
7
been terminated, a Receiving Party must comply with the provisions of section
8
15 below (FINAL DISPOSITION).
9
Protected Material must be stored and maintained by a Receiving Party
10
at a location and in a secure manner that ensures that access is limited to the
11
persons authorized under this Order.
12
9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
13
otherwise ordered by the court or permitted in writing by the Designating
14
Party, a Receiving Party may disclose any information or item designated
15
“CONFIDENTIAL” only to:
16
(a) the Receiving Party’s Outside Counsel of Record in this
17
Action, as well as employees of said Outside Counsel of Record to whom it is
18
reasonably necessary to disclose the information for this Action;
19
(b) the officers, directors, and employees (including House
20
21 Counsel) of the Receiving Party to whom disclosure is reasonably necessary
22 for this Action;
23 (c) Experts (as defined in this Order) of the Receiving Party to
24 whom disclosure is reasonably necessary for this Action and who have signed
25 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
26 (d) the court and its personnel;
27 (e) court reporters and their staff;
28 (f) professional jury or trial consultants, mock jurors, and
1 Professional Vendors to whom disclosure is reasonably necessary for this
2 Action and who have signed the “Acknowledgment and Agreement to Be
3 Bound” (Exhibit A);
4 (g) the author or recipient of a document containing the
5 information or a custodian or other person who otherwise possessed or knew
6 the information;
7
(h) during their depositions, witnesses, and attorneys for witnesses,
8
in the Action to whom disclosure is reasonably necessary provided: (1) the
9
deposing party requests that the witness sign the form attached as Exhibit A
10
hereto; and (2) they will not be permitted to keep any confidential information
11
unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit
12
A), unless otherwise agreed by the Designating Party or ordered by the court.
13
Pages of transcribed deposition testimony or exhibits to depositions that reveal
14
Protected Material may be separately bound by the court reporter and may not
15
be disclosed to anyone except as permitted under this Stipulated Protective
16
Order; and
17
(i) any mediators or settlement officers and their supporting
18
personnel, mutually agreed upon by any of the parties engaged in settlement
19
discussions.
20
21 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
22
23 If a Party is served with a subpoena or a court order issued in other
24 litigation that compels disclosure of any information or items designated in this
25 Action as “CONFIDENTIAL,” that Party must:
26 (a) promptly notify in writing the Designating Party. Such
27 notification shall include a copy of the subpoena or court order;
28 (b) promptly notify in writing the party who caused the subpoena
1 or order to issue in the other litigation that some or all of the material covered
2 by the subpoena or order is subject to this Protective Order. Such notification
3 shall include a copy of this Stipulated Protective Order; and
4 (c) cooperate with respect to all reasonable procedures sought to be
5 pursued by the Designating Party whose Protected Material may be affected. If
6 the Designating Party timely seeks a protective order, the Party served with the
7
subpoena or court order shall not produce any information designated in this
8
action as “CONFIDENTIAL” before a determination by the court from which
9
the subpoena or order issued, unless the Party has obtained the Designating
10
Party’s permission. The Designating Party shall bear the burden and expense
11
of seeking protection in that court of its confidential material and nothing in
12
these provisions should be construed as authorizing or encouraging a
13
Receiving Party in this Action to disobey a lawful directive from another court.
14
15 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
BE PRODUCED IN THIS LITIGATION
16
17 (a) The terms of this Order are applicable to information produced
18 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
19 information produced by Non-Parties in connection with this litigation is
20 protected by the remedies and relief provided by this Order. Nothing in these
21
provisions should be construed as prohibiting a Non-Party from seeking
22
additional protections.
23
(b) In the event that a Party is required, by a valid discovery
24
request, to produce a Non-Party’s confidential information in its possession,
25
and the Party is subject to an agreement with the Non-Party not to produce the
26
Non-Party’s confidential information, then the Party shall:
27
(1) promptly notify in writing the Requesting Party and the Non-
28
1 Party that some or all of the information requested is subject to a
2 confidentiality agreement with a Non-Party;
3 (2) promptly provide the Non-Party with a copy of the Stipulated
4 Protective Order in this Action, the relevant discovery request(s), and a
5 reasonably specific description of the information requested; and
6 (3) make the information requested available for inspection by the
7
Non-Party, if requested.
8
(c) If the Non-Party fails to seek a protective order from this court
9
within 14 days of receiving the notice and accompanying information, the
10
Receiving Party may produce the Non-Party’s confidential information
11
responsive to the discovery request. If the Non-Party timely seeks a protective
12
order, the Receiving Party shall not produce any information in its possession
13
or control that is subject to the confidentiality agreement with the Non-Party
14
before a determination by the court. Absent a court order to the contrary, the
15
Non-Party shall bear the burden and expense of seeking protection in this court
16
of its Protected Material.
17
12. UNAUTHORIZED DISCLOSURE OF PROTECTED
18
MATERIAL
19
If a Receiving Party learns that, by inadvertence or otherwise, it has
20
21 disclosed Protected Material to any person or in any circumstance not
22 authorized under this Stipulated Protective Order, the Receiving Party must
23 immediately (a) notify in writing the Designating Party of the unauthorized
24 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
25 Protected Material, (c) inform the person or persons to whom unauthorized
26 disclosures were made of all the terms of this Order, and (d) request such
27 person or persons to execute the “Acknowledgment an Agreement to Be
28 Bound” attached hereto as Exhibit A.
1 13. INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL
2
3 13.1 When a Producing Party gives notice to Receiving Parties that
4 certain inadvertently produced material is subject to a claim of privilege or
5 other protection, the obligations of the Receiving Parties are those set forth in
6 Federal Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to
7
modify whatever procedure may be established in an e-discovery order that
8
provides for production without prior privilege review. Pursuant to Federal
9
Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on
10
the effect of disclosure of a communication or information covered by the
11
attorney-client privilege or work product protection, the parties may
12
incorporate their agreement in the stipulated protective order submitted to the
13
court. The parties agree and the Court orders that Federal Rules of Evidence,
14
Rule 502, shall govern any Party’s intentional or inadvertent disclosures of
15
attorney-privileged documents and attorney work product in this lawsuit, and
16
that any such privilege or protection is not waived by the Party in this or in any
17
other federal or state proceeding as between the Parties hereto or anyone else,
18
even if those intentional or inadvertent disclosures were made in this matter.
19
20 13.2 If the Receiving Party has inadvertently received materials which
21 that party knows, or has reason to believe, are protected from disclosure under
22 the attorney-client privilege and/or attorney work product doctrine, that
23 Receiving Party shall immediately notify the party who produced those
24 materials. At all times, the Receiving Party shall treat those materials as
25 privileged and shall not review those materials, unless the producing party
26
indicates in writing that the materials are not privileged or protected from
27
disclosure under the work-product doctrine. If the materials are, in fact,
28
1
privileged or otherwise protected from disclosure, the Receiving Party shall
2
promptly return or destroy the unmarked materials, and, if destroyed, shall
3
confirm same in writing with the Designating Party.
4
14. MISCELLANEOUS
5
14.1 Right to Further Relief. Nothing in this Order abridges the right of
6
any person to seek its modification by the Court in the future.
7
14.2 Right to Assert Other Objections. By stipulating to the entry of this
8
Protective Order, no Party waives any right it otherwise would have to object
9
to disclosing or producing any information or item on any ground not
10
addressed in this Stipulated Protective Order. Similarly, no Party waives any
11
12 right to object on any ground to use in evidence of any of the material covered
13 by this Protective Order.
14 14.3 Filing Protected Material. A Party that seeks to file under seal any
15 Protected Material must comply with Local Civil Rule 79-5. Protected
16 Material may only be filed under seal pursuant to a court order authorizing the
17 sealing of the specific Protected Material. If a Party’s request to file Protected
18 Material under seal is denied by the court, then the Receiving Party may file
19 the information in the public record unless otherwise instructed by the court.
20 15. FINAL DISPOSITION
21 Within sixty (60) calendar days after the Final Disposition of this
22
Action, as defined in paragraph 4.16, each Receiving Party must return all
23
Protected Material to the Producing Party or destroy such material. As used in
24
this subdivision, “all Protected Material” includes all copies, abstracts,
25
compilations, summaries, and any other format reproducing or capturing any
26
of the Protected Material. Whether the Protected Material is returned or
27
destroyed, the Receiving Party must submit a written certification to the
28
1 || Producing Party (and, if not the same person or entity, to the Designating
2 || Party) by the 60-day deadline that (1) identifies (by category, where
3 || appropriate) all the Protected Material that was returned or destroyed and (2)
4 || affirms that the Receiving Party has not retained any copies, abstracts,
compilations, summaries or any other format reproducing or capturing any of
6 !l the Protected Material. Notwithstanding this provision, Counsel are entitled to
retain an archival copy of all pleadings, motion papers, trial, deposition, and
8 hearing transcripts, legal memoranda, correspondence, deposition and trial
° exhibits, expert reports, attorney work product, and consultant and expert
0 work product, even if such materials contain Protected Material. Any such
archival copies that contain or constitute Protected Material remain subject to
this Protective Order as set forth in Section 6 (DURATION).
4 16. VIOLATION
5 Any violation of this Order may be punished by appropriate measures
16 including, without limitation, contempt proceedings and/or monetary
17 || Sanctions.
is IT IS SO ORDERED.
19
20 || DATED: May 22, 2023
21
22 f Ke 2G
23 J D. EARLY
nited States Magistrate Judge
25
26
27
28
17
1 EXHIBIT A
2
CERTIFICATE REGARDING CONFIDENTIALITY
3
I hereby certify the following: (a) I understand that Confidential
4
Information is being provided to me under the terms and restrictions of the
5
Parties’ Stipulation and Protective Order in Karlsson v. Security Innovation, Inc.,
6
United States District Court for the Central District of California, Case No.
7
8:23-cv-00037-JWH-JDE, and (b) I have read the Stipulation and Protective
8
9 Order. I understand and agree to be bound by the terms of the Stipulation and
10 Protective Order and will not disclose to anyone the Confidential Information
11 or the substance of any Confidential Information that I have received or
12 reviewed in this case. I hereby submit to the jurisdiction of the Central District
13 Court for purposes of enforcing the Stipulation and Protective Order. I also
14 agree to return all Confidential Information including all tangible things and to
15 delete all electronic files containing Confidential Information received by me
16 during the course of my involvement with this litigation within sixty (60)
17 calendar days of the settlement or final resolution of this matter (i.e. a
18 settlement by all parties or a verdict for which all appeals have been
19 exhausted).
20 I understand that if I violate the Stipulation and Protective Order, I will
21 be in contempt of court and may also be liable for civil damages in favor of the
22 Party who produced the Confidential Information.
23
24
DATED: _______________
25 (Signature)
26
27 Name:
28 (Print Name)
1 Company Name:
2
Address:
3
4
5
6
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