Opinion

TIW Holdings LLC v. EVO Brands LLC

Court: District Court, C.D. California
Filed: Jul 25, 2023
Cited by: 0 cases
Authority: More cited than 16.4%

distinguishing “good cause” showing for 16 sealing documents produced in discovery from “compelling reasons” standard when 17 merits-related documents are part of court record

How later courts described this case

distinguishing “good cause” showing for 16 sealing documents produced in discovery from “compelling reasons” standard when 17 merits-related documents are part of court record
even stipulated protective orders 23 require good cause showing

Written by the judges who cited it.

The opinion

8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

TIW Holdings LLC, a Nevada limited CASE NO. 5:23-cv-00005-AB(MARx)

liability company; and, Puff Labs, Honorable André Birotte Jr.

12 LLC, a Nevada limited liability

company; ___________

13 [PROPOSED] STIPULATED

PROTECTIVE ORDER

Plaintiffs,

EVO Brands LLC, a Delaware limited

liability company; and PVG2, LLC, a

17 Delaware limited liability company,

Puff Bar, a California corporation;

18 Nick Minas Alfaro, an individual;

Patrick Beltran, an individual;

Eliquidstop, Inc., a North Carolina

20 corporation; Abdurraham

“Abdurrahman” Yousuf, an individual;

Umais Abubaker aka Max Baker, an

22 individual; Saquib “Zack” Shoaib, an

individual; Cool Clouds Distribution,

23 Inc., a California corporation; ABS

Distribution, Inc., a California

corporation; Amanpreet Singh Kohli,

25 an individual; Bhawan Preet Kohli, an

individual; and DOES 1-10;

27 Defendants.

1 1. INTRODUCTION

2 1.1. PURPOSES AND LIMITATIONS

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

proprietary, or private information for which special protection from public

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

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

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

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

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

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

under the applicable legal principles. The parties further acknowledge, as set forth

in Section 12.3, below, that this Stipulated Protective Order does not entitle them to

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

13 procedures that must be followed and the standards that will be applied when a party

14 seeks permission from the court to file material under seal.

15 1.2. GOOD CAUSE STATEMENT

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

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

18 proprietary information for which special protection from public disclosure and

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

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

things, confidential business or financial information, information regarding

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

commercial information (including information implicating privacy rights of third

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

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

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

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

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

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

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

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

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

will not be designated as confidential or attorneys eyes’ only for tactical reasons

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

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

should not be part of the public record of this case, or in the case of the most

competitively sensitive material, why it should be produced solely on an attorneys’

eyes only basis.

1.3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

SEAL

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

14 Stipulated Protective Order does not entitle them to file confidential information

15 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

16 and the standards that will be applied when a party seeks permission from the court

17 to file material under seal.

18 There is a strong presumption that the public has a right of access to judicial

19 proceedings and records in civil cases. In connection with non-dispositive motions,

20 good cause must be shown to support a filing under seal (see Kamakana v. City and

County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors

Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics,

Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

require good cause showing)), and a specific showing of good cause or compelling

reasons with proper evidentiary support and legal justification, must be made with

respect to Protected Material that a party seeks to file under seal. The parties’ mere

designation of Disclosure or Discovery Material as “CONFIDENTIAL” or

1 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” does not—without

2 the submission of competent evidence by declaration, establish that the material

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

protectable—constitute good cause.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20 2. DEFINITIONS

21 2.1 Action: TIW Holdings LLC,, et al. v. EVO Brands LLC, et al., No.

22 5:23-cv-00005-AB(MARx).

2.2 Challenging Party: A Party or Non-Party that challenges the

designation of information or items under this Order.

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

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

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

1 the Good Cause Statement.

2 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

Information or Items: Extremely sensitive “Confidential Information or Items,”

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

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

2.5 Support Staff: any contractor or employee of Counsel’s firm.

2.6 Counsel: Outside Counsel of Record (as well as their Support Staff).

2.7 Designating Party: A Party or Non-Party that designates information or

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

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY.”

2.8 Disclosure or Discovery Material: All items or information, regardless

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

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

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

15 2.9 Expert: A person with specialized knowledge or experience in a matter

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

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

18 2.10 Non-Party: any natural person, partnership, corporation, association, or

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

20 2.11 Outside Counsel of Record: Attorneys who are not employees of a

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

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

which has appeared on behalf of that party, and includes Support Staff.

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

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

Support Staff).

2.13 Producing Party: a Party or Non-Party that produces Disclosure or

1 Discovery Material in this Action.

2 2.14 Professional Vendors: Persons or entities that provide litigation support

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

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

and their employees and subcontractors.

2.15 Protected Material: Any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY.”

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

from a Producing Party.

2.17 Related Case: The related case of EVO Brands, LLC, et al.v. Al Khalifa

Group, LLC, et al., 2:22-cv-03909-AB-MAR.

13 3. SCOPE

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

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

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

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

18 presentations by Parties, Non-Parties, or their Counsel that might reveal Protected

19 Material.

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

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

4. DURATION

The duration of this Protective Order extends to the conclusion of both this Action

and the Related Case to save Court time and client expense and to avoid the

duplication of discovery practice and document production, including motion

practice, if any.

1 FINAL DISPOSITION of the Action shall be deemed to be the later of (1) the

2 dismissal of all claims and defenses in both this Action and the Related Case,

without or without prejudice; and (2) final judgment herein after the completion and

exhaustion of all appeals, rehearings, remands, trials, or reviews of both this Action

and the Related Case, including the time limits for filing any motions or application

for extension of time pursuant to applicable law. The terms of this protective order

shall apply through FINAL DISPOSITION of both this Action and the Related Case

and thereafter until such time as a Designating Party agrees otherwise in writing or a

court order otherwise directs.

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

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY,” or maintained pursuant to this protective order used or introduced as an

exhibit at trial becomes public and will be presumptively available to all members of

13 the public, including the press, unless compelling reasons supported by specific

14 factual findings to proceed otherwise are made to the trial judge in advance of the

15 trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for

16 sealing documents produced in discovery from “compelling reasons” standard when

17 merits-related documents are part of court record). Accordingly, for such materials,

18 the terms of this protective order do not extend beyond the commencement of the

19 trial.

5. DESIGNATING PROTECTED MATERIAL

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

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

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

that qualifies under the appropriate standards. The Designating Party must designate

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

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

1 items, or communications for which protection is not warranted are not swept

2 unjustifiably within the ambit of this Order.

Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

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

Party to sanctions.

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

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

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

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

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

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

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

14 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” (“HIGHLY CONFIDENTIAL

– ATTORNEYS’ EYES ONLY legend”) to each page that contains protected

material. If only a portion or portions of the material on a page qualifies for

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

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

(b) for testimony given in depositions that the Designating Party identify the

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

protected testimony. When it is impractical to identify separately each portion of

1 testimony that is entitled to protection, and when it appears that substantial portions

2 of the testimony may qualify for protection, the Party or nonparty that sponsors,

offers, or gives the testimony or that claims confidentiality may invoke, on the

record before the deposition is concluded or by written communication within 48

hours after the deposition’s conclusion, a right to have up to two days to identify the

specific portions of the testimony as to which protection is sought and to specify the

level of protection being asserted (“CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY”), during which two-day

designation period the entirety of the transcript shall be treated as HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY. Only those portions that are

appropriately designated for protection within the two days shall be covered by the

provisions of this Stipulated Protective Order after the two-day designation period.

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

14 exterior of the container or containers in which the information is stored, or for

15 electronic files in the file name or accompanying correspondence, the legend

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

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

18 Producing Party, to the extent practicable, shall identify the 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

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

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

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

Order.

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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

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

2 Scheduling Order.

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

resolution process under Local Rule 37.1 et seq.

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

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

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

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

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

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

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

challenge.

13 7. ACCESS TO AND USE OF PROTECTED MATERIAL

14 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

16 Action only for prosecuting, defending, or attempting to settle this Action and the

17 Related Case. Such Protected Material may be disclosed only to the categories of

18 persons and under the conditions described in this Order. When the Action has been

19 terminated, a Receiving Party must comply with the provisions of section 13 below

20 (FINAL DISPOSITION).

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

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

authorized under this Order.

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

Receiving Party may disclose any information or item designated

“CONFIDENTIAL” only to:

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

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

to disclose the information for this Action;

(b) the officers, directors, and employees of the Receiving Party to whom

disclosure is reasonably necessary for this Action;

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

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

(d) the court and its personnel;

(e) court reporters and their staff;

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

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

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

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

custodian or other person who is shown, in written or oral evidence, or foundation

laid in deposition testimony, otherwise possesses or knows information;

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

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

18 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

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

20 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

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

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

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

as permitted under this Stipulated Protective Order; and

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

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

7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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

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

item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only

to:

(a) the Receiving Party’s Outside Counsel of Record, and employees of

the Outside Counsel of Record to whom it is reasonably necessary to disclose the

information for this Action;

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

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

“Acknowledgment and Agreement to Be Bound” (Exhibit A) prior to receiving

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” materials; provided,

however, that before a Receiving Party may disclose, directly or indirectly, any

information designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

13 ONLY,” the Receiving Party must email written notice to the Designating Party’s

14 outside counsel of record the following information regarding such expert or

15 consultant: (i) an Executed Exhibit A; (ii) confirmation that the expert or consultant

16 has been advised in writing that his or her disclosure of information designated

17 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to the Receiving

18 Party is prohibited; and (iii) the outside consultant’s current curriculum vitae or

19 other description setting forth the person’s name and office address, his or her

20 present employer with job title and job description, any business or personal

relationship to any of the Parties (aside from being retained to consult and/or

provide testimony in the Action), and a brief job history for the past five years;

(d) court reporters and their staff;

(e) professional jury or trial consultants and Professional Vendors to

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

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

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

2 custodian or other person who is shown, in written or oral evidence, or foundation

laid in deposition testimony, otherwise possesses or knows the information;

(g) the Designating party’s own employees, officers and directors, solely

as to the Designating party’s own “HIGHLY CONFIDENTIAL-ATTORNEYS’

EYES ONLY” material;

(h) during their depositions, third-party witnesses and attorneys for third-

party witnesses, in the Action to whom disclosure is reasonably necessary, provided:

(1) no party or nonparty objects to the proposed disclosure to the third-party witness

or attorney for the third-party witness; (2) the deposing party requests that the third-

party witness sign the form attached as Exhibit 1; (3) prior to any disclosure, the

deposing party consults with the Designating Party and counsel participating in the

deposition in order to determine whether a party or nonparty objects to the

13 disclosure; and (4) the third-party witness and his or her attorney may not keep any

14 confidential information unless they sign the “Acknowledgment and Agreement to

15 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered

16 by the court. Pages of transcribed deposition testimony or exhibits to depositions

17 that reveal Protected Material may be separately bound by the court reporter and

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

19 Order; and

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

mutually agreed upon by the parties engaged in settlement discussions.

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

IN OTHER LITIGATION

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

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

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

1 ONLY,” that Party must:

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

shall include a copy of the subpoena or court order;

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

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

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

a copy of this Stipulated Protective Order; and

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

If the Designating Party timely seeks a protective order, the Party served

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

this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY” before a determination by the court from which the

13 subpoena or order issued, unless the Party has obtained the Designating Party’s

14 permission. The Designating Party shall bear the burden and expense of seeking

15 protection in that court of its confidential material and nothing in these provisions

16 should be construed as authorizing or encouraging a Receiving Party in this Action

17 to disobey a lawful directive from another court.

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

20 PRODUCED IN THIS LITIGATION

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

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

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by

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

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

prohibiting a Non-Party from seeking additional protections.

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

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

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

confidential information, then the Party shall:

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

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

agreement with a Non-Party;

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

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

specific description of the information requested; and

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

Non-Party, if requested.

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

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

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

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

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

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

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

20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

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

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

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain

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

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

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

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

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

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

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

parties may incorporate their agreement in the stipulated protective order submitted

13 to the court.

15 12. MISCELLANEOUS

16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

18 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

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

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

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

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

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

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

13. FINAL DISPOSITION

After the final disposition of this Action and the Related Case, as defined in

paragraph 4, within 60 days of a written request by the Designating Party, each

Receiving Party must return all Protected Material to the Producing Party or destroy

such material. As used in this subdivision, “all Protected Material” includes all

copies, abstracts, compilations, 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 (by category, where appropriate) all the

Protected Material that was returned or destroyed and (2)affirms that the Receiving

13 Party has not retained any copies, abstracts, compilations, summaries or any other

14 format reproducing or capturing any of the Protected Material. Notwithstanding this

15 provision, Counsel are entitled to retain an archival copy of all pleadings, motion

16 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,

17 deposition and trial exhibits, expert reports, attorney work product, and consultant

18 and expert work product, even if such materials contain Protected Material. Any

19 such archival copies that contain or constitute Protected Material remain subject to

20 this Protective Order as set forth in Section 4 (DURATION).

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

measures including, without limitation, contempt proceedings and/or monetary

sanctions.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

Dated: July 20, 2023 MILORD & ASSOCIATES, P.C.

2 /s/ Milord A. Keshishian

Milord A. Keshishian

Attorneys for Plaintiffs

4 TIW HOLDINGS, LLC, and PUFF

LABS, LLC

THOMPSON HINE LLP

7 CONKLE, KREMER & ENGEL,

8 PLC

10 Dated: July 20, 2023 /s/ Eric N. Heyer

11 Eric N. Heyer

THOMPSON HINE LLP

12 Carrie A. Shufflebarger

13 CONKLE, KREMER & ENGEL, PLC

John A. Conkle

14 Chelsea A. Bernard

15 Attorneys for Defendants,

Counterclaim Plaintiffs, and Counter-

Defendants

17 EVO BRANDS, LLC, PVG2, LLC,

AND DEFENDANTS

NICK MINAS ALFARO, PATRICK

19 BELTRAN AND PUFF BAR

MANJLAI LAW PC

Dated: July 20, 2023 /s/ Haroon Manjlai

23 Haroon Manjlai

24 Attorneys for Defendants

UMAIS ABUBAKER AND

25 SAQUIB SHOAIB

1 KASEM, KO & AHMED

Dated: July 20, 2023 /s/ Ahmed Kasem

3 Ahmed Kasem

4 Attorneys for Defendants and

5 Counterclaim Plaintiffs

ABS DISTRIBUTION INC.,

6 AMANPREET SINGH KOHLI,

7 and BHAWAN PREET KOHLI.

9 KELLER & HECKMAN

11. || Dated: July 20, 2023 /s/ Rohit Sabnis

Rohit Sabnis

Attorneys for Defendant

13 MDM GROUP a/k/a ELIQUIDSTOP,

4 INC. NORTH CAROLINA

6 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. A 2

|| DATED: July 25, 2023

HON. MARGO A. ROCCONI

8 United States Magistrate Judge

20 || Attestation Pursuant to L.R. 5-4.3.4(a)(2)(i)

21 I hereby attest that all other signatories listed, and on whose behalf the filing

22 || is submitted, concur in the filing’s content and have authorized the filing.

24 || Dated: July 20, 2023 /s/ Milord A. Keshishian

5 Milord A. Keshishian

28 -19-

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, _____________________________ [print or type full name], of

____________________ [print or type full address], declare under penalty of perjury

that I have read in its entirety and understand the Stipulated Protective Order that

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

on ________________, 2023, in the case of TIW HOLDINGS, LLC, et al. v. EVO

Brands LLC, et al., No. 5:23-cv-00005-AB(MARx). I agree to comply with and to

be bound by all the terms of this Stipulated Protective Order and I understand and

acknowledge that failure to so comply could expose me to sanctions and punishment

in the nature of contempt. I solemnly promise that I will not disclose in any manner

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

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

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

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

16 Stipulated Protective Order, even if such enforcement proceedings occur after

17 termination of this action. I hereby appoint ________________________ [print or

18 type full name] of __________________________________ [print or type full

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

20 connection with this action or any proceedings related to enforcement of this

Stipulated Protective Order.

Date: __________________________

City and State where sworn and signed: _____________________________

Printed name: ____________________________________

Signature: ________________________________

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