MPI LLC v. Sorting Robotics, Inc.

1 || Matthew De Preter (pro hac vice)

|| ARONBERG GOLDGEHN DAVIS AND GARMISA

225 W. Washington Street, Suite 2800

3 || Chicago, IL 60606

4 312-755-3153

Email: cdepreter@agdglaw.com

5

6 || Lena N. Bacani (SBN 213556)

lena.bacani@lozaip.com

7 |ILOZA & LOZA, LLP

g N. Second Ave., Ste. 127

Upland, CA 91786

9 |! Telephone: (877) 406-5164

10 Facsimile: (213) 394-3625

11 || Attorneys for Plaintiff MPI LLC

V2 UNITED STATES DISTRICT COURT

13 CENTRAL DISTRICT OF CALIFORNIA

14

15 || MPI LLC, CASE No. 2:22—cv—07464-JAK-PD

16 Plaintiff,

Vv. [Hon. John A. Kronstadt]

17 || SORTING ROBOTICS, INC.,

18 Defendant. STIPULATION AND JOINT

MOTION FOR ENTRY OF

19 STIPULATED PROTECTIVE

30 ORDER

21 || SORTING ROBOTICS, INC.,

CounterClaimant,

Vv.

23 || MPI LLC,

4 CounterDefendant.

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26

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1

Plaintiff MPI LLC (“MPI”) and Defendant, Sorting Robotics, Inc. (“Sorting

2

Robotics”) (collectively, “the Parties”), by and through their respective counsel,

3

stipulate and agree as follows:

4

Certain documents and information have been and may be sought, produced,

5

or exhibited by and among the Parties in this action (the “Action”) that relate to or

6

reveal the Parties’ confidential and proprietary information or otherwise contain

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confidential and sensitive information. The Parties agree that the confidentiality of

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these documents and information should be preserved in the manner set forth in the

9

proposed Stipulated Protective Order submitted with this Stipulation and Joint

10

Motion, attached as Exhibit A.

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The Stipulated Protective Order attached as Exhibit A is based on the Court’s

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form Protective Order. Modifications from the Court’s form Protective Order are

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shown in the redline attached as Exhibit B.

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The Court is authorized to enter such orders under Federal Rule of Civil

15

Procedure 26(c)(1)(G). The entry of the proposed Confidentiality and Protective

16

Order will serve the purposes of the Federal Rules of Civil Procedure providing

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efficiencies in discovery in this Action. Further, the protection of privileged and

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protected information is necessary to protect certain sensitive business information

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that could, if disclosed, prejudice and harm the holder of such information.

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Accordingly, the Parties agree, and jointly move and request the Court enter

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the proposed Stipulated Protective Order submitted herewith.

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23

IT IS SO STIPULATED. Dated this 12th day of September, 2023.

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1 Dated: September 12, 2023

2 ARONBERG GOLDGEHN DAVIS &

HANKIN PATENT LAW APC

GARMISA

3

4

/s/ Matthew De Preter/

5 Matthew De Preter (admitted pro hac /s/ /Anooj Patel/

6 vice) Anooj Patel

Alexandra R. Benigni (admitted pro hac SBN: 300297

7

vice)

12400 Wilshire Blvd., Suite 1265

8 ARONBERG GOLDGEHN DAVIS & Los Angeles, CA 90025

GARMISA

Telephone: (310) 979-3600

9

225 W. Washington Street, Suite 2800

Email:

10 Chicago, Illinois 60606 marc@hankinpatentlaw.com

(312) 828-9600

11

cdepreter@agdglaw.com

12 abenigni@agdglaw.com Attorneys for Defendant

Sorting Robotics, Inc.

13

Lena N. Bacani (SBN 213556)

14 lena.bacani@lozaip.com

15 LOZA & LOZA, LLP

305 N. Second Ave., Ste. 127

16 Upland, CA 91786

17 Telephone: (877) 406-5164

Facsimile: (213) 394-3625

18

19 Attorneys for Plaintiff

MPI LLC

20

21

22

23 4863-2566-6942, v. 1

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,_ || Matthew De Preter (pro hac vice)

ARONBERG GOLDGEHN DAVIS AND GARMISA

2 North Wabash Avenue Suite 1700

3 || Chicago, IL 60611

312-755-3153

4 || Email: cdepreter@agdglaw.com

5

Lena N. Bacani (SBN 213556)

6 || lena.bacani@lozaip.com

z || LOZA & LOZA, LLP

305 N. Second Ave., Ste. 127

8 || Upland, CA 91786

9 || Telephone: (877) 406-5164

Facsimile: (213) 394-3625

10

Attorneys for Plaintiff MPI LLC

12

B UNITED STATES DISTRICT COURT

14 CENTRAL DISTRICT OF CALIFORNIA

15

MPI LLC, CASE No. 2:22—cv—07464-JAK-PD

16 Loe

Plaintiff,

17 Vv.

18 SORTING ROBOTICS, INC., AGREED PROTECTIVE ORDER

Defendant.

19

SORTING ROBOTICS, INC.,

20 .

CounterClaimant,

21 Vv.

MPILLC,

CounterDefendant.

23

24

95 Based on the parties’ Stipulation, and for good cause shown therein and

56 || Zecited herein, the Court finds and orders as follows.

>7 || 1. A.PURPOSES AND LIMITATIONS

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

> || Proprietary, or private information for which special protection from public

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

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

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

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

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

g || Only to the limited information or items that are entitled to confidential treatment

g || under the applicable legal principles.

10 B. GOOD CAUSE STATEMENT

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

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

13 || Proprietary information for which special protection from public disclosure and

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

15 || Confidential and proprietary materials and information consist of, among other

16 || things, confidential business or financial information, information regarding

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

1g |} Commercial information (including information implicating privacy nghts of third

19 || Parties), information otherwise generally unavailable to the public, or which may

39 || be privileged or otherwise protected from disclosure under state or federal statutes,

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

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

33 || discovery materials, to adequately protect information the parties are entitled to

34 || keep confidential, to ensure that the parties are permitted reasonable necessary uses

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

36 || handling at the end of the litigation, and serve the ends of justice, a protective order

37 || for such information is justified in this matter. It is the intent of the parties that

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, || formation will not be designated as confidential for tactical reasons and that

> || nothing be so designated without a good faith belief that it has been maintained in

3 || a confidential, non-public manner, and there is good cause why it should not be part

4 || of the public record of this case.

5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

|| SEAL

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

g || Stipulated Protective Order does not entitle them to file confidential information

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

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

11 || to file material under seal.

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

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

14 || good cause must be shown to support a filing under seal. See Kamakana v. City and

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

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

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

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

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

20 || respect to Protected Material that a Party seeks to file under seal. The parties’ mere

21 || designation of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY

22 || CONFIDENTIAL-ATTORNEY EYES ONLY does not—without the submission

23 || of competent evidence by declaration, establishing that the material sought to be

24 || filed under seal qualifies as confidential, privileged, or otherwise protectable—

25 || constitute good cause.

26 Further, if a Party requests sealing related to a dispositive motion or trial,

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

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, || 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.

3 || 2010). For each item or type of information, document, or thing sought to be filed

4 || OF introduced under seal in connection with a dispositive motion or trial, the Party

5 || Seeking protection must articulate compelling reasons, supported by specific facts

6 || and legal justification, for the requested sealing order. Again, competent evidence

7 || Supporting the application to file documents under seal must be provided by

g || declaration.

9 Any document that is not confidential, privileged, or otherwise protectable

19 || entirety will not be filed under seal if the confidential portions can be redacted.

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

12_ || Only the confidential, privileged, or otherwise protectable portions of the document,

13 || Shall be filed. Any application that seeks to file documents under seal in their

14 || entirety should include an explanation of why redaction 1s not feasible.

15

16 || 2. DEFINITIONS

17 2.1 Action: this pending federal law suit.

18 2.2 Challenging Party: a Party or Non-Party that challenges

19 || the designation of information or items under this Order.

20 2.3. “CONFIDENTIAL” Information or Items: information (regardless of

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

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

23 || the Good Cause Statement.

24 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

25 || their support staff).

26 2.5 Designating Party: a Party or Non-Party that designates information or

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

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, || CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEY EYES

> || ONLY.”

3 2.6 Disclosure or Discovery Material: all items or information, regardless

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

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

6 || Or generated in disclosures or responses to discovery in this matter.

7 2.7 Expert: a person with specialized knowledge or experience in a matter

g || pertinent to the litigation who has been retained by a Party or its counsel to serve

g || aS an expert witness or as a consultant in this Action.

10 2.8 “HIGHLY ~CONFIDENTIAL-ATTORNEY EYES ONLY”

1, || Information or Items: extremely sensitive “Confidential Information or Items,”

12_ || disclosure of which to another Party or Non-Party would create a substantial risk

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

4 2.9 House Counsel: attorneys who are employees of a party to this Action.

15. || House Counsel does not include Outside Counsel of Record or any other outside

16 || Counsel.

7 2.10 Non-Party: any natural person, partnership, corporation, association,

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

19 2.11 Qutside 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.

3 2.12 Party: any party to this Action, including all of its officers, directors,

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

35 || Support staffs).

%6 2.13 Producing Party: a Party or Non-Party that produces Disclosure or

Discovery Material in this Action.

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1 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.

5 2.15 Protected Material: any Disclosure or Discovery Material that is

6 || designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEY

7 || EYES ONLY.”

8 2.16 Receiving Party: a Party that receives Disclosure or Discovery

g || Material from a Producing Party.

10

1 [3 SCOPE

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

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

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

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

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

17 || However, the protections conferred by this Stipulation and Order do not cover the

18 || following information: (a) any information that is in the public domain at the time

19 || of disclosure to a Receiving Party or becomes part of the public domain after its

20 || disclosure to a Receiving Party as a result of publication not involving a violation

21 || of this Order, including becoming part of the public record through tnal or

22 || otherwise; and (b) any information known to the Receiving Party prior to the

23 || disclosure or obtained by the Receiving Party after the disclosure from a source

24 || who obtained the information lawfully and under no obligation of confidentiality

25 || to the Designating Party.

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

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

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1

> DURATION

3 Even after final disposition of this litigation, the confidentiality obligations

4 || imposed by this Order shall remain in effect until a Designating Party agrees

5 || otherwise in writing or a court order otherwise directs. Final disposition shall be

6 || deemed to be the later of (1) dismissal of all claims and defenses in this action, with

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

g || exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

9 || including the time limits for filing any motions or applications for extension of time

10 || pursuant to applicable law.

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

12 || CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEY EYES ONLY, or

13 || maintained pursuant to this protective order, that is used or introduced as an exhibit

14 || at trial becomes public and will be presumptively available to all members of the

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

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

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

18 || documents produced in discovery from “compelling reasons” standard when

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

20 |! the terms of this protective order do not extend beyond the commencement of the

21 |} trial.

22

23 |15. © DESIGNATING PROTECTED MATERIAL

24 5.1 Exercise of Restraint and Care in Designating Material for Protection.

2° ll Bach Party or Non-Party that designates information or items for protection under

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

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

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

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

4 || tems, or communications for which protection is not warranted are not swept

5 || unjustifiably within the ambit of this Order.

6 Designations with a higher confidentiality level when a lower level would

7 || Suffice are prohibited. Mass, indiscriminate, or routinized designations are also

g || prohibited. Unjustified designations or that have been made for an improper

9 || Purpose (e.g., to unnecessarily encumber the case development process or to

19 || mpose unnecessary expenses and burdens on other parties) may expose the

11 || Designating Party to sanctions.

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

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

14 || Promptly notify all other Parties that it is withdrawing the inapplicable designation.

15 5.2. Manner and Timing of Designations. Except as otherwise provided in

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

17_|| Stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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

19 _ || produced.

20 Designation in conformity with this Order requires:

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

92 || documents, but excluding transcripts of depositions or other pretrial or trial

93 || proceedings), that the Producing Party must affix, at a minimum, the legend

94 || CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEY EYES ONLY

5 || to each page that contains protected material. If only a portion or portions of the

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

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

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margins) and must specify for each portion the level of protection being asserted.

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

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

4 || Which documents it would like copied and produced. During the inspection and

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

6 || deemed “HIGHLY CONFIDENTIAL-ATTORNEY EYES ONLY.” After the

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

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

g || Protection under this Order. Then, before producing the specified documents, the

io || Producing Party must affix the appropriate legend “CONFIDENTIAL” or

1, || HIGHLY CONFIDENTIAL-ATTORNEY EYES ONLY” to each page that

|| Contains Protected Material. If only a portion or portions of the material on a page

13 || qualifies for protection, the Producing Party also must clearly identify the protected

14 || portion(s) (e.g., by making appropriate markings in the margins) and must specify

|| for each portion the level of protection being asserted.

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

the record, before the close of the deposition, all protected testimony and specify

level of protection being asserted. When it is impractical to identify separately

portion of testimony that is entitled to protection and it appears that substantial

39 |\portions of the testimony may qualify for protection, the Designating Party may

||mvoke on the record (before the deposition is concluded) a right to have up to 21

37 |\days to identify the specific portions of the testimony as to which protection is

93 ||Sought and to specify the level of protection being asserted. Only those portions of

34 testimony that are appropriately designated for protection within the 21 days

||Shall be covered by the provisions of this Stipulated Protective Order. Any transcript

36 is prepared before the expiration of a 21-day period for designation shall be

97_||treated during that period as if it had been designated “HIGHLY CONFIDENTIAL—

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, ATTORNEY EYES ONLY” in its entirety unless otherwise agreed. After the

> |\€xpiration of that period, the transcript shall be treated only as actually designated

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

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

5 ||the exterior of the container or containers in which the information is stored the

6 [legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEY EYES

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

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

9 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

11 || 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

13. || efforts to assure that the material 1s treated in accordance with the provisions of this

14_ || Order.

15

16 || © CHALLENGING CONFIDENTIALITY OR HIGHLY CONFIDENTIAL-

7 ATTORNEY EYES ONLY DESIGNATIONS

18 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

20 || Scheduling Order.

21 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

22 || resolution process under Local Rule 37.1 et seq.

23 6.3 The burden of persuasion in any such challenge proceeding shall be on

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

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

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

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

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| || 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

3 || challenge.

4

5 ||} 7- ACCESS TO AND USE OF PROTECTED MATERIAL

6 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

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

12 |} DISPOSITION).

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

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

15 || authorized under this Order.

16 7.2 Disclosure _of “CONFIDENTIAL” Information or Items. Unless

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

18 || Recerving Party may disclose any information or item designated

19 || “CONFIDENTIAL” only to:

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

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

22 || necessary to disclose the information for this Action;

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

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

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

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

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

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1 (d) the court and its personnel;

5 (e) court reporters and their staff;

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

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

5 || Signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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

7 || custodian or other person who otherwise possessed or knew the information;

8 (h) during the deposition of (and their subsequent review of the transcript)

9 || (1) a Designating Party or a Designating Party’s employees, agents, or

10 || tepresentatives, and (2) witnesses, and attorneys for witnesses, in the Action to

11 || Whom disclosure is reasonably necessary provided the witness signs the

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

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

14 || deposition testimony or exhibits to depositions that reveal Protected Material may

15_ || be separately bound by the court reporter and may not be disclosed to anyone except

16 || 8S permitted under this Stipulated Protective Order; and

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

1g || mutually agreed upon by any of the parties engaged in settlement discussions.

19 7.3. Disclosure of “HIGHLY CONFIDENTIAL-ATTORNEY EYES

99 || ONLY” Information or Items. Unless otherwise ordered by the court or permitted

31 || 12 writing by the Designating Party, a Receiving Party may disclose any information

|| Or item designated “HIGHLY CONFIDENTIAL-ATTORNEY EYES ONLY” only

23 || to:

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

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

36 || Mecessary to disclose the information for this Action;

7 (b) up to two House Counsel (and their support staff) of the Receiving

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, || Party (“Designated House Counsel”) (1) who are not involved in competitive

3 || decision making, (2) to whom disclosure is reasonably necessary for this litigation,

3 || (3) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

4 || A); and (4) who have been approved pursuant to procedure set forth in paragraph

5 7.4 below;

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

7 || disclosure is reasonably necessary for this Action and (1) who have signed the

g || Acknowledgment and Agreement to Be Bound” (Exhibit A) and (2) who have

g || been approved pursuant to procedure set forth in paragraph 7.4 below:

10 (e) the court and its personnel;

(f) court reporters and their staff;

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

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

14 || Signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A):

15 (h) the author or recipient of a document containing the information or a

16 || Custodian or other person who otherwise possessed or knew the information;

7 (i) during the deposition of (and the subsequent review of the transcript

ig || by) (1) a Designating Party or a Designating Party’s employees, agents, or

19 || tepresentatives, and (2) witnesses, and attorneys for witnesses, in the Action to

39 || Whom disclosure is reasonably necessary provided the witness signs the

>, || Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

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

33 || deposition testimony or exhibits to depositions that reveal Protected Material may

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

|| as permitted under this Stipulated Protective Order; and

%6 (j) any mediator or settlement officer, and their supporting personnel,

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

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1 7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY

> || CONEIDENTIAL-ATTORNEY EYES ONLY” Information _or_Items__to

3 || Designated House Counsel and Experts.

4 (a) A Party seeking to disclose to Designated House Counsel any material

5 || designated HIGHLY CONFIDENTIAL-ATTORNEY EYES ONLY must first

6 || make a written request to the Designating Party providing the full name of the

7 inhouse counsel, the city and state of such counsel’s residence, and such counsel’s

g || Current and reasonably foreseeable future primary job duties and responsibilities in

g || Sufficient detail to determine present or potential involvement in any competitive

19 || decision making.

(b) A Receiving Party seeking to disclose to an Expert retained by the

12 || Party any Disclosure or Discovery Material that has been designated HIGHLY

13. || CONFIDENTIAL-ATTORNEY EYES ONLY must first make a written request to

14 || the Designating Party that (1) identifies the general categories of HIGHLY

|| CONFIDENTIAL-ATTORNEY EYES ONLY information that the Receiving

16 || Party seeks permission to disclose to the Expert, (2) sets forth the full name of the

17_ || Expert and the city and state of his or her primary residence, (3) attaches a copy of

the Expert’s current resume, (4) identifies the Expert’s current employer(s).

19 (c) A Party that makes a request and provides the information specified in

39 || Paragraphs 4(a) or 4(b) may disclose the Protected Material to the Designated

31 || House Counsel or Expert unless, within three business days of delivering the

|| Tequest, the Party receives a written objection from the Designating Party providing

93, || detailed grounds for the objection.

(d) All challenges to objections from the Designating Party shall proceed

|| accordance with the procedure set forth in the dispute resolution process under

36 || Local Rule 37.1 et seq.

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, || 8 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

> || INOTHER LITIGATION

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

4 || that compels disclosure of any Protected Material of another Party, that Party must:

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

6 || shall include a copy of the subpoena or court order;

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

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

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

10 |! a copy of this Stipulated Protective Order; and

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

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

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

14 || with the subpoena or court order shall not produce any Protected Material before a

15 || determination by the court from which the subpoena or order issued, unless the

16 || Party has obtained the Designating Party’s permission. The Designating Party shall

17 |! bear the burden and expense of seeking protection in that court of its confidential

18 || material and nothing in these provisions should be construed as authorizing or

19 || encouraging a Receiving Party in this Action to disobey a lawful directive from

20 || another court.

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22 179. A NON-PARTY’S PROTECTED MATERIAL SOUGHT

23 || TO__ BEPRODUCED IN THIS LITIGATION

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

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

2° || CONFIDENTIAL-ATTORNEY EYES ONLY.” Such information produced by

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,_|| 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

3 || prohibiting a Non-Party from seeking additional protections.

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

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

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

7 || confidential information, then the Party shall:

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

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

10 || agreement with a Non-Party;

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

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

13 || specific description of the information requested; and

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

15 || Non-Party, if requested.

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

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

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

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

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

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

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

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

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25 |} 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

3 || Writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

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

5 || Or persons to whom unauthorized disclosures were made of all the terms of this

6 || Order, and (d) request such person or persons to execute the “Acknowledgment and

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

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9 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

10 || PROTECTED MATERIAL

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

12 || inadvertently produced material is subject to a claim of privilege or other

13 || protection, the obligations of the Receiving Parties are those set forth in Federal

14 || Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

15 || whatever procedure may be established in an e-discovery order that provides for

16 || production without prior privilege review. Pursuant to Federal Rule of Evidence

17 || 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

18 || of a communication or information covered by the attorney-client privilege or work

19 |! product protection, the parties may incorporate their agreement in the stipulated

20 || protective order submitted to the court.

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22 1112. MISCELLANEOUS

2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

2 12.2 Right to Assert Other Objections. By stipulating to the entry of this

2° |) Protective Order no Party waives any right it otherwise would have to object to

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|| 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

3 || any ground to use in evidence of any of the material covered by this Protective

4 || Order.

5 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

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

g || Specific Protected Material at issue. If a Party's request to file Protected Material

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

19 || 12 the public record unless otherwise instructed by the court.

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> || 13. EINAL DISPOSITION

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

14 || 60 days of a written request by the Designating Party, each Receiving Party must

15 || return all Protected Material to the Producing Party or destroy such material. As

16 || used in this subdivision, “all Protected Material” includes all copies, abstracts,

17 || compilations, summaries, and any other format reproducing or capturing any of the

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

19 || Receiving Party must submit a written certification to the Producing Party (and, if

20 || not the same person or entity, to the Designating Party) by the 60 day deadline that

21 || (1) identifies (by category, where appropriate) all the Protected Material that was

22 || returned or destroyed and (2)affirms that the Receiving Party has not retained any

23 || copies, abstracts, compilations, summaries or any other format reproducing or

24 || capturing any of the Protected Material. Notwithstanding this provision, Counsel

25 || are entitled to retain an archival copy of all pleadings, motion papers, trial,

26 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition

27 || and trial exhibits, expert reports, attorney work product, and consultant and expert

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work product, even if such materials contain Protected Material. Any such archival

> || copies that contain or constitute Protected Material remain subject to this Protective

3 || Order as set forth in Section 4 (DURATION).

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

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

3 || Sanctions.

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

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7 DATED: September 13, 2023

Leecca Lena kue_

|| □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□

10 |! United States Magistrate Judge

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1 EXHIBIT A

5 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 [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

7 || California on [date] in the case of [insert formal name of the

8 || case and the number and initials assigned to it by the court]. I agree to comply

9 || with and to be bound by all the terms of this Stipulated Protective Order and I

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

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

12 |! not disclose in any manner any information or item that is subject to this Stipulated

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

14 || provisions of this Order.

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

16 || the Central District of California for the purpose of enforcing the terms of this

17 || Stipulated Protective Order, even if such enforcement proceedings occur after

18 || termination of this action. I hereby appoint [print

19 || or type full name] of [print or type full address and telephone number]

20 || as my California agent for service of process in connection with this action or any

21 || proceedings related to enforcement of this Stipulated Protective Order.

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93 || Dates

. City and State where swornand signed: ees

26 || Printed name:

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Signature:

2 || 4875-8445-9900, v. 3

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