# TIW Holdings LLC v. EVO Brands LLC

> District Court, C.D. California · July 25, 2023

URL: https://www.frixlaw.com/law-library/cases/9983839

## Case

- **Court:** District Court, C.D. California
- **Decided:** July 25, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
TIW Holdings LLC, a Nevada limited CASE NO. 5:23-cv-00005-AB(MARx)
11
liability company; and, Puff Labs, Honorable André Birotte Jr.
12 LLC, a Nevada limited liability
company; ___________
13 [PROPOSED] STIPULATED
PROTECTIVE ORDER
Plaintiffs,
14
v.
15
EVO Brands LLC, a Delaware limited
16
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;
19
Eliquidstop, Inc., a North Carolina
20 corporation; Abdurraham
“Abdurrahman” Yousuf, an individual;
21
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
24
corporation; Amanpreet Singh Kohli,
25 an individual; Bhawan Preet Kohli, an
individual; and DOES 1-10;
26
27 Defendants.
1 1. INTRODUCTION
2 1.1. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,
3
proprietary, or private information for which special protection from public
4
disclosure and from use for any purpose other than prosecuting this litigation may
5
be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6
enter the following Stipulated Protective Order. The parties acknowledge that this
7
Order does not confer blanket protections on all disclosures or responses to
8
discovery and that the protection it affords from public disclosure and use extends
9
only to the limited information or items that are entitled to confidential treatment
10
under the applicable legal principles. The parties further acknowledge, as set forth
11
in Section 12.3, below, that this Stipulated Protective Order does not entitle them to
12
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
21
confidential business practices, or other confidential research, development, or
22
commercial information (including information implicating privacy rights of third
23
parties), information otherwise generally unavailable to the public, or which may be
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privileged or otherwise protected from disclosure under state or federal statutes,
25
court rules, case decisions, or common law. Accordingly, to expedite the flow of
26
information, to facilitate the prompt resolution of disputes over confidentiality of
27
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
3
at the end of the litigation, and serve the ends of justice, a protective order for such
4
information is justified in this matter. It is the intent of the parties that information
5
will not be designated as confidential or attorneys eyes’ only for tactical reasons
6
and that nothing be so designated without a good faith belief that it has been
7
maintained in a confidential, non-public manner, and there is good cause why it
8
should not be part of the public record of this case, or in the case of the most
9
competitively sensitive material, why it should be produced solely on an attorneys’
10
eyes only basis.
11
1.3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
12
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
21
Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics,
22
Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
23
require good cause showing)), and a specific showing of good cause or compelling
24
reasons with proper evidentiary support and legal justification, must be made with
25
respect to Protected Material that a party seeks to file under seal. The parties’ mere
26
designation of Disclosure or Discovery Material as “CONFIDENTIAL” or
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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
3
protectable—constitute good cause.
4
Further, if a party requests sealing related to a dispositive motion or trial, then
5
compelling reasons, not only good cause, for the sealing must be shown, and the
6
relief sought shall be narrowly tailored to serve the specific interest to be protected.
7
See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
8
each item or type of information, document, or thing sought to be filed or introduced
9
under seal in connection with a dispositive motion or trial, the party seeking
10
protection must articulate compelling reasons, supported by specific facts and legal
11
justification, for the requested sealing order. Again, competent evidence supporting
12
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.
19
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
23
designation of information or items under this Order.
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2.3 “CONFIDENTIAL” Information or Items: Information (regardless of
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how it is generated, stored or maintained) or tangible things that qualify for
26
protection under Federal Rule of Civil Procedure 26(c), and as specified above in
27
1 the Good Cause Statement.
2 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
Information or Items: Extremely sensitive “Confidential Information or Items,”
3
disclosure of which to another Party or Non-Party would create a substantial risk of
4
serious harm that could not be avoided by less restrictive means.
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2.5 Support Staff: any contractor or employee of Counsel’s firm.
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2.6 Counsel: Outside Counsel of Record (as well as their Support Staff).
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2.7 Designating Party: A Party or Non-Party that designates information or
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items that it produces in disclosures or in responses to discovery as
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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
10
ONLY.”
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2.8 Disclosure or Discovery Material: All items or information, regardless
12
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
21
have appeared in this Action on behalf of that party or are affiliated with a law firm
22
which has appeared on behalf of that party, and includes Support Staff.
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2.12 Party: any party to this Action, including all of its officers, directors,
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employees, consultants, retained experts, and Outside Counsel of Record (and their
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Support Staff).
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2.13 Producing Party: a Party or Non-Party that produces Disclosure or
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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
3
demonstrations, and organizing, storing, or retrieving data in any form or medium)
4
and their employees and subcontractors.
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2.15 Protected Material: Any Disclosure or Discovery Material that is
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designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
7
ATTORNEYS’ EYES ONLY.”
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2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
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from a Producing Party.
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2.17 Related Case: The related case of EVO Brands, LLC, et al.v. Al Khalifa
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Group, LLC, et al., 2:22-cv-03909-AB-MAR.
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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.
21
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4. DURATION
23
The duration of this Protective Order extends to the conclusion of both this Action
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and the Related Case to save Court time and client expense and to avoid the
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duplication of discovery practice and document production, including motion
26
practice, if any.
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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
3
exhaustion of all appeals, rehearings, remands, trials, or reviews of both this Action
4
and the Related Case, including the time limits for filing any motions or application
5
for extension of time pursuant to applicable law. The terms of this protective order
6
shall apply through FINAL DISPOSITION of both this Action and the Related Case
7
and thereafter until such time as a Designating Party agrees otherwise in writing or a
8
court order otherwise directs.
9
Once a case proceeds to trial, information that was designated as
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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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ONLY,” or maintained pursuant to this protective order used or introduced as an
12
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.
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5. DESIGNATING PROTECTED MATERIAL
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5.1 Exercise of Restraint and Care in Designating Material for Protection.
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Each Party or Non-Party that designates information or items for protection
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under this Order must take care to limit any such designation to specific material
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that qualifies under the appropriate standards. The Designating Party must designate
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for protection only those parts of material, documents, items, or oral or written
26
communications that qualify so that other portions of the material, documents,
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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
3
that are shown to be clearly unjustified or that have been made for an improper
4
purpose (e.g., to unnecessarily encumber the case development process or to impose
5
unnecessary expenses and burdens on other parties) may expose the Designating
6
Party to sanctions.
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If it comes to a Designating Party’s attention that information or items that it
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designated for protection do not qualify for protection, that Designating Party must
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promptly notify all other Parties that it is withdrawing the inapplicable designation.
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5.2 Manner and Timing of Designations. Except as otherwise provided in
11
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
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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
21
material. If only a portion or portions of the material on a page qualifies for
22
protection, the Producing Party also must clearly identify the protected portion(s)
23
(e.g., by making appropriate markings in the margins).
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(b) for testimony given in depositions that the Designating Party identify the
25
Disclosure or Discovery Material on the record, before the close of the deposition all
26
protected testimony. When it is impractical to identify separately each portion of
27
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
3
record before the deposition is concluded or by written communication within 48
4
hours after the deposition’s conclusion, a right to have up to two days to identify the
5
specific portions of the testimony as to which protection is sought and to specify the
6
level of protection being asserted (“CONFIDENTIAL” or “HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY”), during which two-day
8
designation period the entirety of the transcript shall be treated as HIGHLY
9
CONFIDENTIAL – ATTORNEYS’ EYES ONLY. Only those portions that are
10
appropriately designated for protection within the two days shall be covered by the
11
provisions of this Stipulated Protective Order after the two-day designation period.
12
(c) for information produced in some form other than documentary and for
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.
21
Upon timely correction of a designation, the Receiving Party must make reasonable
22
efforts to assure that the material is treated in accordance with the provisions of this
23
Order.
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6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
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6.1 Timing of Challenges. Any Party or Non-Party may challenge a
27
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
3
resolution process under Local Rule 37.1 et seq.
4
6.3 The burden of persuasion in any such challenge proceeding shall be on
5
the Designating Party. Frivolous challenges, and those made for an improper
6
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
7
parties) may expose the Challenging Party to sanctions. Unless the Designating
8
Party has waived or withdrawn the confidentiality designation, all parties shall
9
continue to afford the material in question the level of protection to which it is
10
entitled under the Producing Party’s designation until the Court rules on the
11
challenge.
12
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
21
location and in a secure manner that ensures that access is limited to the persons
22
authorized under this Order.
23
7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
24
otherwise ordered by the court or permitted in writing by the Designating Party, a
25
Receiving Party may disclose any information or item designated
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“CONFIDENTIAL” only to:
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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;
3
(b) the officers, directors, and employees of the Receiving Party to whom
4
disclosure is reasonably necessary for this Action;
5
(c) Experts (as defined in this Order) of the Receiving Party to whom
6
disclosure is reasonably necessary for this Action and who have signed the
7
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(d) the court and its personnel;
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(e) court reporters and their staff;
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(f) professional jury or trial consultants, mock jurors, and Professional
11
Vendors to whom disclosure is reasonably necessary for this Action and who have
12
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
13
(g) the author or recipient of a document containing the information or a
14
custodian or other person who is shown, in written or oral evidence, or foundation
15
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
24
(i) any mediator or settlement officer, and their supporting personnel,
25
mutually agreed upon by any of the parties engaged in settlement discussions.
26
7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
27
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
3
to:
4
(a) the Receiving Party’s Outside Counsel of Record, and employees of
5
the Outside Counsel of Record to whom it is reasonably necessary to disclose the
6
information for this Action;
7
(b) experts (as defined in this Order) of the Receiving Party to whom
8
disclosure is reasonably necessary for this Action and who have signed the
9
“Acknowledgment and Agreement to Be Bound” (Exhibit A) prior to receiving
10
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” materials; provided,
11
however, that before a Receiving Party may disclose, directly or indirectly, any
12
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
21
provide testimony in the Action), and a brief job history for the past five years;
22
(c) court and its personnel;
23
(d) court reporters and their staff;
24
(e) professional jury or trial consultants and Professional Vendors to
25
whom disclosure is reasonably necessary for this Action and who have signed the
26
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
27
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;
3
(g) the Designating party’s own employees, officers and directors, solely
4
as to the Designating party’s own “HIGHLY CONFIDENTIAL-ATTORNEYS’
5
EYES ONLY” material;
6
(h) during their depositions, third-party witnesses and attorneys for third-
7
party witnesses, in the Action to whom disclosure is reasonably necessary, provided:
8
(1) no party or nonparty objects to the proposed disclosure to the third-party witness
9
or attorney for the third-party witness; (2) the deposing party requests that the third-
10
party witness sign the form attached as Exhibit 1; (3) prior to any disclosure, the
11
deposing party consults with the Designating Party and counsel participating in the
12
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.
21
22
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
23
IN OTHER LITIGATION
24
If a Party is served with a subpoena or a court order issued in other litigation
25
that compels disclosure of any information or items designated in this Action as
26
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
27
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;
3
(b) promptly notify in writing the party who caused the subpoena or order
4
to issue in the other litigation that some or all of the material covered by the
5
subpoena or order is subject to this Protective Order. Such notification shall include
6
a copy of this Stipulated Protective Order; and
7
(c) cooperate with respect to all reasonable procedures sought to be
8
pursued by the Designating Party whose Protected Material may be affected.
9
If the Designating Party timely seeks a protective order, the Party served
10
with the subpoena or court order shall not produce any information designated in
11
this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
12
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.
18
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
21
Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
22
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by
23
Non-Parties in connection with this litigation is protected by the remedies and relief
24
provided by this Order. Nothing in these provisions should be construed as
25
prohibiting a Non-Party from seeking additional protections.
26
(b) In the event that a Party is required, by a valid discovery request, to
27
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:
3
(1) promptly notify in writing the Requesting Party and the Non-Party
4
that some or all of the information requested is subject to a confidentiality
5
agreement with a Non-Party;
6
(2) promptly provide the Non-Party with a copy of the Stipulated
7
Protective Order in this Action, the relevant discovery request(s), and a reasonably
8
specific description of the information requested; and
9
(3) make the information requested available for inspection by the
10
Non-Party, if requested.
11
(c) If the Non-Party fails to seek a protective order from this court within
12
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.
19
20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
21
Protected Material to any person or in any circumstance not authorized under this
22
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
23
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
24
to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
25
persons to whom unauthorized disclosures were made of all the terms of this Order,
26
and (d) request such person or persons to execute the “Acknowledgment and
27
1 Agreement to Be Bound” that is attached hereto as Exhibit A.
2
11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
3
PROTECTED MATERIAL
4
When a Producing Party gives notice to Receiving Parties that certain
5
inadvertently produced material is subject to a claim of privilege or other protection,
6
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
7
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
8
may be established in an e-discovery order that provides for production without
9
prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
10
as the parties reach an agreement on the effect of disclosure of a communication or
11
information covered by the attorney-client privilege or work product protection, the
12
parties may incorporate their agreement in the stipulated protective order submitted
13 to the court.
14
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
21
ground to use in evidence of any of the material covered by this Protective Order.
22
12.3 Filing Protected Material. A Party that seeks to file under seal any
23
Protected Material must comply with Civil Local Rule 79-5. Protected Material may
24
only be filed under seal pursuant to a court order authorizing the sealing of the
25
specific Protected Material at issue. If a Party's request to file Protected Material
26
under seal is denied by the court, then the Receiving Party may file the information
27
1 in the public record unless otherwise instructed by the court.
2
13. FINAL DISPOSITION
3
After the final disposition of this Action and the Related Case, as defined in
4
paragraph 4, within 60 days of a written request by the Designating Party, each
5
Receiving Party must return all Protected Material to the Producing Party or destroy
6
such material. As used in this subdivision, “all Protected Material” includes all
7
copies, abstracts, compilations, summaries, and any other format reproducing or
8
capturing any of the Protected Material. Whether the Protected Material is returned
9
or destroyed, the Receiving Party must submit a written certification to the
10
Producing Party (and, if not the same person or entity, to the Designating Party) by
11
the 60 day deadline that (1) identifies (by category, where appropriate) all the
12
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).
21
14. Any violation of this Order may be punished by any and all appropriate
22
measures including, without limitation, contempt proceedings and/or monetary
23
sanctions.
24
25
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
26
27
Dated: July 20, 2023 MILORD & ASSOCIATES, P.C.
1
2 /s/ Milord A. Keshishian
Milord A. Keshishian
3
Attorneys for Plaintiffs
4 TIW HOLDINGS, LLC, and PUFF
LABS, LLC
5
6
THOMPSON HINE LLP
7 CONKLE, KREMER & ENGEL,
8 PLC
9
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-
16
Defendants
17 EVO BRANDS, LLC, PVG2, LLC,
AND DEFENDANTS
18
NICK MINAS ALFARO, PATRICK
19 BELTRAN AND PUFF BAR
20
MANJLAI LAW PC
21
22
Dated: July 20, 2023 /s/ Haroon Manjlai
23 Haroon Manjlai
24 Attorneys for Defendants
UMAIS ABUBAKER AND
25 SAQUIB SHOAIB
26
27
1 KASEM, KO & AHMED
2
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.
8
9 KELLER & HECKMAN
10
11. || Dated: July 20, 2023 /s/ Rohit Sabnis
Rohit Sabnis
Attorneys for Defendant
13 MDM GROUP a/k/a ELIQUIDSTOP,
4 INC. NORTH CAROLINA

15
6 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. A 2
|| DATED: July 25, 2023
HON. MARGO A. ROCCONI
8 United States Magistrate Judge
19
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.
23
24 || Dated: July 20, 2023 /s/ Milord A. Keshishian
5 Milord A. Keshishian
26
27
28 -19-

1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
I, _____________________________ [print or type full name], of
4
____________________ [print or type full address], declare under penalty of perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
was issued by the United States District Court for the Central District of California
7
on ________________, 2023, in the case of TIW HOLDINGS, LLC, et al. v. EVO
8
Brands LLC, et al., No. 5:23-cv-00005-AB(MARx). I agree to comply with and to
9
be bound by all the terms of this Stipulated Protective Order and I understand and
10
acknowledge that failure to so comply could expose me to sanctions and punishment
11
in the nature of contempt. I solemnly promise that I will not disclose in any manner
12
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.
21
Date: __________________________
22
City and State where sworn and signed: _____________________________
23

24
Printed name: ____________________________________
25

26
Signature: ________________________________
27

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9983839. Public record. Not legal advice.