# Moement, Inc. v. Groomore, Inc.

> District Court, C.D. California · October 10, 2023

URL: https://www.frixlaw.com/law-library/cases/9984741

## Case

- **Court:** District Court, C.D. California
- **Decided:** October 10, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

1 Vvfiuc@torp rTo.s Fpuer (aSlaBwN.c 1o9m1 744)
2 Albert T. Liou (SBN 180254)
aliou@prosperalaw.com
3
PROSPERA LAW, LLP
4 1901 Avenue of the Stars, Suite 480
Los Angeles, CA 90067
5 Telephone: (424) 239-1890
Facsimile: (424) 239-1882
6
Attorneys for Plaintiff
7 MOEMENT, INC.

8
UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10

11
MOEMENT, INC., a Delaware Case No.: 2:22-cv-02871-WLH (KSx)
12
corporation,
13 [Assigned to the Hon. Wesley L. Hsu;
Plaintiff, Courtroom 9B]
14

15 vs.
STIPULATED PROTECTIVE ORDER
16
GROOMORE, INC., a Delaware
17 corporation, CHUNLIANG LIN, an
individual, JIE ZHANG, an individual,
18
and SONGYUN LIU, an individual, Action Filed: April 29, 2022
19
Defendants.
20

21

22
23 1. A. PURPOSES AND LIMITATIONS
24 Discovery in this action is likely to involve production of confidential,
25 proprietary, or private information for which special protection from public
26 disclosure and from use for any purpose other than prosecuting this litigation may
27 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
28 enter the following Stipulated Protective Order. The parties acknowledge that this
1 Order does not confer blanket protections on all disclosures or responses to
2 discovery and that the protection it affords from public disclosure and use extends
3 only to the limited information or items that are entitled to confidential treatment
4 under the applicable legal principles. The parties further acknowledge, as set forth
5 in Section 13.3, below, that this Stipulated Protective Order does not entitle them to
6 file confidential information under seal; Civil Local Rule 79-5 sets forth the
7 procedures that must be followed and the standards that will be applied when a party
8 seeks permission from the court to file material under seal.
9 B. GOOD CAUSE STATEMENT
10 This action is likely to involve trade secrets, source codes, customer and
11 pricing lists, and other valuable research, development, commercial, financial,
12 technical and/or proprietary information the disclosure of which to another party as
13 described below and to non-parties would create a substantial risk of serious harm
14 and for which special protection from public disclosure and from use for any purpose
15 other than prosecution of this action is warranted. Such confidential and proprietary
16 materials and information consist of, among other things, confidential business or
17 financial information, information regarding confidential business practices, or other
18 confidential research, development, or commercial information (including
19 information implicating privacy rights of third parties), information otherwise
20 generally unavailable to the public, or which may be privileged or otherwise
21 protected from disclosure under state or federal statutes, court rules, case decisions,
22 or common law. Accordingly, to expedite the flow of information, to facilitate the
23 prompt resolution of disputes over confidentiality of discovery materials, to
24 adequately protect information the parties are entitled to keep confidential, to ensure
25 that the parties are permitted reasonable necessary uses of such material in
26 preparation for and in the conduct of trial, to address their handling at the end of the
27 litigation, and serve the ends of justice, a protective order for such information is
28 justified in this matter. It is the intent of the parties that information will not be
1 designated as confidential for tactical reasons and that nothing be so designated
2 without a good faith belief that it has been maintained in a confidential, non-public
3 manner, and there is good cause why it should not be part of the public record of this
4 case.
5
6 2. DEFINITIONS
7 2.1 Action: This pending federal lawsuit.
8 2.2 Challenging Party: a Party or Non-Party that challenges the designation
9 of information or items under this Order.
10 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
11 how it is generated, stored or maintained) or tangible things that qualify for
12 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
13 the Good Cause Statement.
14 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
15 their support staff).
16 2.5 Designating Party: a Party or Non-Party that designates information or
17 items that it produces in disclosures or in responses to discovery as
18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
19 ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE.”
20 2.6 Disclosure or Discovery Material: all items or information, regardless
21 of the medium or manner in which it is generated, stored, or maintained (including,
22 among other things, testimony, transcripts, and tangible things), that are produced or
23 generated in disclosures or responses to discovery in this matter.
24 2.7 Expert: a person with specialized knowledge or experience in a matter
25 pertinent to the litigation who has been retained by a Party or its counsel to serve as
26 an expert witness or as a consultant in this Action.
27 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
28 Information or Items: extremely sensitive “Confidential Information or Items,”
1 disclosure of which to another Party or Non-Party would create a substantial risk of
2 serious harm that could not be avoided by less restrictive means.
3 2.9 “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or
4 Items: extremely sensitive “Confidential Information or Items” representing
5 computer code and associated comments and revision histories, formulas,
6 engineering specifications, or schematics that define or otherwise describe in detail
7 the algorithms or structure of software or hardware designs, disclosure of which to
8 another Party or Non-Party would create a substantial risk of serious harm that could
9 not be avoided by less restrictive means.
10 2.10 House Counsel: attorneys who are employees of a party to this Action.
11 House Counsel does not include Outside Counsel of Record or any other outside
12 counsel.
13 2.11 Non-Party: any natural person, partnership, corporation, association, or
14 other legal entity not named as a Party to this action.
15 2.12 Outside Counsel of Record: attorneys who are not employees of a party
16 to this Action but are retained to represent or advise a party to this Action and have
17 appeared in this Action on behalf of that party or are affiliated with a law firm which
18 has appeared on behalf of that party, and includes support staff.
19 2.13 Party: any party to this Action, including all of its officers, directors,
20 employees, consultants, retained experts, and Outside Counsel of Record (and their
21 support staffs).
22 2.14 Producing Party: a Party or Non-Party that produces Disclosure or
23 Discovery Material in this Action.
24 2.15 Professional Vendors: persons or entities that provide litigation support
25 services (e.g., photocopying, videotaping, translating, preparing exhibits or
26 demonstrations, and organizing, storing, or retrieving data in any form or medium)
27 and their employees and subcontractors.
28
1 2.16 Protected Material: any Disclosure or Discovery Material that is
2 designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’
3 EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE.”
4 2.17 Receiving Party: a Party that receives Disclosure or Discovery Material
5 from a Producing Party.
6
7 3. SCOPE
8 The protections conferred by this Stipulation and Order cover not only
9 Protected Material (as defined above), but also (1) any information copied or
10 extracted from Protected Material; (2) all copies, excerpts, summaries, or
11 compilations of Protected Material; and (3) any testimony, conversations, or
12 presentations by Parties or their Counsel that might reveal Protected Material.
13 Any use of Protected Material at trial shall be governed by the orders of the
14 trial judge. This Order does not govern the use of Protected Material at trial.
15
16 4. DURATION
17 Once a case proceeds to trial, all of the information that was designated as
18 confidential or maintained pursuant to this protective order becomes public and will
19 be presumptively available to all members of the public, including the press, unless
20 compelling reasons supported by specific factual findings to proceed otherwise are
21 made to the trial judge in advance of the trial. See Kamakana v. City and County of
22 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”
23 showing for sealing documents produced in discovery from “compelling reasons”
24 standard when merits-related documents are part of court record). Accordingly, the
25 terms of this protective order do not extend beyond the commencement of the trial.
26 5. DESIGNATING PROTECTED MATERIAL
27 5.1 Exercise of Restraint and Care in Designating Material for Protection.
28 Each Party or Non-Party that designates information or items for protection under
1 this Order must take care to limit any such designation to specific material that
2 qualifies under the appropriate standards. The Designating Party must designate for
3 protection only those parts of material, documents, items, or oral or written
4 communications that qualify so that other portions of the material, documents, items,
5 or communications for which protection is not warranted are not swept unjustifiably
6 within the ambit of this Order.
7 Mass, indiscriminate, or routinized designations are prohibited. Designations
8 that are shown to be clearly unjustified or that have been made for an improper
9 purpose (e.g., to unnecessarily encumber the case development process or to impose
10 unnecessary expenses and burdens on other parties) may expose the Designating
11 Party to sanctions.
12 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
18 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
22 documents, but excluding transcripts of depositions or other pretrial or trial
23 proceedings), that the Producing Party affix at a minimum, the legend
24 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
25 ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” (hereinafter
26 “CONFIDENTIAL legend”), to each page that contains protected material. If only
27 a portion or portions of the material on a page qualifies for protection, the Producing
28 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
1 markings in the margins) and must specify, for each portion, the level of protection
2 being asserted.
3 A Party or Non-Party that makes original documents available for inspection
4 need not designate them for protection until after the inspecting Party has indicated
5 which documents it would like copied and produced. During the inspection and
6 before the designation, all of the material made available for inspection shall be
7 deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’EYES ONLY.” After the
8 inspecting Party has identified the documents it wants copied and produced, the
9 Producing Party must determine which documents, or portions thereof, qualify for
10 protection under this Order. Then, before producing the specified documents, the
11 Producing Party must affix the “CONFIDENTIAL legend” to each page that
12 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).
15 (b) for testimony given in depositions or in other pretrial proceedings that
16 the Designating Party identify the Disclosure or Discovery Material on the record,
17 before the close of the deposition, hearing, or other proceeding, all protected
18 testimony and specify the level of protection being asserted. When it is impractical
19 to identify separately each portion of testimony that is entitled to protection and it
20 appears that substantial portions of the testimony may qualify for protection, the
21 Designating Party may invoke on the record (before the deposition, hearing, or other
22 proceeding is concluded) a right to have up to 21 days to identify the specific
23 portions of the testimony as to which protection is sought and to specify the level of
24 protection being asserted. Only those portions of the testimony that are appropriately
25 designated for protection within the 21 days shall be covered by the provisions of
26 this Stipulated Protective Order. Alternatively, a Designating Party may specify, at
27 the deposition or up to 21 days afterwards if that period is properly invoked, that the
28
1 entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY
2 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
3 Parties shall give the other parties notice if they reasonably expect a
4 deposition to include Protected Material so that the other parties can ensure that only
5 authorized individuals who have signed the “Acknowledgment and Agreement to Be
6 Bound” (Exhibit A) are present at those proceedings. The use of a document as an
7 exhibit at a deposition shall not in any way affect its designation as
8 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
9 ONLY.”
10 Transcripts containing Protected Material shall have an obvious legend on the
11 title page that the transcript contains Protected Material, and the title page shall be
12 followed by a list of all pages (including line numbers as appropriate) that have been
13 designated as Protected Material and the level of protection being asserted by the
14 Designating Party. The Designating Party shall inform the court reporter of these
15 requirements. Any transcript that is prepared before the expiration of a 21-day
16 period for designation shall be treated during that period as if it had been designated
17 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless
18 otherwise agreed. After the expiration of that period, the transcript shall be treated
19 only as actually designated.
20 (c) for information produced in some form other than documentary and for
21 any other tangible items, that the Producing Party affix in a prominent place on the
22 exterior of the container or containers in which the information is stored the legend
23 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
24 ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE.” If only a portion or
25 portions of the information warrants protection, the Producing Party, to the extent
26 practicable, shall identify the protected portion(s) and specify the level of protection
27 being asserted.
28
1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
2 failure to designate qualified information or items does not, standing alone, waive
3 the Designating Party’s right to secure protection under this Order for such material.
4 Upon timely correction of a designation, the Receiving Party must make reasonable
5 efforts to assure that the material is treated in accordance with the provisions of this
6 Order.
7
8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
9 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
10 designation of confidentiality at any time that is consistent with the Court’s
11 Scheduling Order.
12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
13 resolution process under Local Rule 37-1 et seq.
14 6.3 The burden of persuasion in any such challenge proceeding shall be on
15 the Designating Party. Frivolous challenges, and those made for an improper
16 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
17 parties) may expose the Challenging Party to sanctions. Unless the Designating Party
18 has waived or withdrawn the confidentiality designation, all parties shall continue to
19 afford the material in question the level of protection to which it is entitled under the
20 Producing Party’s designation until the Court rules on the challenge.
21
22 7. ACCESS TO AND USE OF PROTECTED MATERIAL
23 7.1 Basic Principles. A Receiving Party may use Protected Material that is
24 disclosed or produced by another Party or by a Non-Party in connection with this
25 Action only for prosecuting, defending, or attempting to settle this Action. Such
26 Protected Material may be disclosed only to the categories of persons and under the
27 conditions described in this Order. When the Action has been terminated, a
28
1 Receiving Party must comply with the provisions of section 14 below (FINAL
2 DISPOSITION).
3 Protected Material must be stored and maintained by a Receiving Party at a
4 location and in a secure manner that ensures that access is limited to the persons
5 authorized under this Order.
6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
7 otherwise ordered by the court or permitted in writing by the Designating Party, a
8 Receiving Party may disclose any information or item designated
9 “CONFIDENTIAL” only to:
10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
11 as employees of said Outside Counsel of Record to whom it is reasonably necessary
12 to disclose the information for this Action;
13 (b) the officers, directors, and employees (including House Counsel) of the
14 Receiving Party to whom disclosure is reasonably necessary for this Action;
15 (c) Experts (as defined in this Order) of the Receiving Party to whom
16 disclosure is reasonably necessary for this Action and who have signed the
17 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (d) the court and its personnel;
19 (e) court reporters and their staff;
20 (f) professional jury or trial consultants, mock jurors, and Professional
21 Vendors to whom disclosure is reasonably necessary for this Action and who have
22 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (g) the author or recipient of a document containing the information or a
24 custodian or other person who otherwise possessed or knew the information;
25 (h) during their depositions, witnesses ,and attorneys for witnesses, in the
26 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
27 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
28 not be permitted to keep any confidential information unless they sign the
1 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
2 agreed by the Designating Party or ordered by the court. Pages of transcribed
3 deposition testimony or exhibits to depositions that reveal Protected Material may
4 be separately bound by the court reporter and may not be disclosed to anyone except
5 as permitted under this Stipulated Protective Order; and
6 (i) any mediator or settlement officer, and their supporting personnel,
7 mutually agreed upon by any of the parties engaged in settlement discussions.
8 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
9 ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items.
10 Unless otherwise ordered by the court or permitted in writing by the Designating
11 Party, a Receiving Party may disclose any information or item designated “HIGHLY
12 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
13 CONFIDENTIAL – SOURCE CODE” only to:
14 (a) the Receiving Party’s Outside Counsel of Record in this action, as well
15 as employees of said Outside Counsel of Record to whom it is reasonably necessary
16 to disclose the information for this Action;
17 (b) with respect to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
18 ONLY” Information or Items, and not as to any “HIGHLY CONFIDENTIAL -
19 SOURCE CODE” information and Items, Designated House Counsel of the
20 Receiving Party (1) who has no involvement in competitive decision-making, (2) to
21 whom disclosure is reasonably necessary for this Action, (3) who has signed the
22 “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (4) as to whom
23 the procedures set forth in paragraph 7.4(a)(2), below, have been followed;
24 (c) Experts (as defined in this Order) of the Receiving Party (1) to whom
25 disclosure is reasonably necessary for this Action, (2) who have signed the
26 “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as to whom
27 the procedures set forth in paragraph 7.4(a)(2), below, have been followed;
28 (d) the court and its personnel;
1 (e) court reporters and their staff;
2 (f) professional jury or trial consultants, mock jurors, and Professional
3 Vendors to whom disclosure is reasonably necessary for this litigation and who have
4 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
5 (g) the author or recipient of a document containing the information or a
6 custodian or other person who otherwise possessed or knew the information;
7 (h) during their depositions, witnesses ,and attorneys for witnesses, in the
8 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
9 requests that the witness sign the form attached as Exhibit A hereto; and (2) they
10 will not be permitted to keep any confidential information unless they sign the
11 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
12 agreed by the Designating Party or ordered by the court. Pages of transcribed
13 deposition testimony or exhibits to depositions that reveal Protected Material may
14 be separately bound by the court reporter and may not be disclosed to anyone except
15 as permitted under this Stipulated Protective Order; and
16 (i) any mediator or settlement officer, and their supporting personnel,
17 mutually agreed upon by any of the parties engaged in settlement discussions.
18 7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY
19 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
20 CONFIDENTIAL – SOURCE CODE” Information or Items to Designated House
21 Counsel or Experts.
22 (a)(1) Unless otherwise ordered by the court or agreed to in writing by the
23 Designating Party, a Party that seeks to disclose to Designated House Counsel any
24 information or item that has been designated “HIGHLY CONFIDENTIAL –
25 ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(b) first must make a
26 written request to the Designating Party that (1) sets forth the full name of the
27 Designated House Counsel and the city and state of his or her residence; and (2)
28 describes the Designated House Counsel’s current and reasonably foreseeable future
1 primary job duties and responsibilities in sufficient detail to determine if House
2 Counsel is involved, or may become involved, in any competitive decision-making.
3 In addition, any Designated House Counsel who receives “HIGHLY
4 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information pursuant to this
5 Order has a continuing duty to disclose any relevant changes in job duties or
6 responsibilities to allow the Designating Party to evaluate any later-arising
7 competitive decision-making responsibilities.
8 (a)(2) Unless otherwise ordered by the court or agreed to in writing by the
9 Designating Party, a Party that seeks to disclose to an Expert (as defined in this
10 Order) any information or item that has been designated "HIGHLY
11 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
12 CONFIDENTIAL – SOURCE CODE” pursuant to paragraph 7.3(c) first must make
13 a written request to the Designating Party that (1) identifies the general categories of
14 "HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
15 CONFIDENTIAL – SOURCE CODE” information that the Receiving Party seeks
16 permission to disclose to the Expert, (2) sets forth the full name of the Expert and
17 the city and state of his or her primary residence, (3) attaches a copy of the Expert’s
18 current resume, (4) identifies the Expert’s current employer(s), (5) identifies each
19 person or entity from whom the Expert has received compensation or funding for
20 work in his or her areas of expertise or to whom the expert has provided professional
21 services, including in connection with a litigation, at any time during the preceding
22 five years, and (6) identifies (by name and number of the case, filing date, and
23 location of court) any litigation in connection with which the Expert has offered
24 expert testimony, including through a declaration, report, or testimony at a
25 deposition or trial, during the preceding five years.
26 (a)(3) Notwithstanding paragraph 7.4(a)(2) and unless otherwise ordered by
27 the court or agreed to in writing by the Designating Party, “CONFIDENTIAL” or
28 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information or items
1 may be disclosed to an Expert (as defined in this Order) without disclosure of the
2 identity of the Expert as long as the Expert is not a current officer, director, or
3 employee of a Party or of a competitor of a Party or anticipated to become one.
4 (b) A Party that makes a request and provides the information specified in
5 the preceding respective paragraphs may disclose the subject Protected Material to
6 the identified Designated House Counsel or Expert unless, within 14 days of
7 delivering the request, the Party receives a written objection from the Designating
8 Party. Any such objection must set forth in detail the grounds on which it is based.
9 (c) A Party that receives a timely written objection must meet and confer
10 with the Designating Party (through direct voice to voice dialogue) to try to resolve
11 the matter by agreement within seven days of the written objection. If no agreement
12 is reached, the Party seeking to make the disclosure to Designated House Counsel
13 or the Expert may file a motion as provided in Civil Local Rule 7 (and in compliance
14 with Civil Local Rule 79-5, if applicable) seeking permission from the court to do
15 so. Any such motion must describe the circumstances with specificity, set forth in
16 detail the reasons why the disclosure to the Expert is reasonably necessary, assess
17 the risk of harm that the disclosure would entail, and suggest any additional means
18 that could be used to reduce that risk. In addition, any such motion must be
19 accompanied by a competent declaration describing the parties’ efforts to resolve
20 the matter by agreement (i.e., the extent and the content of the meet and confer
21 discussions) and setting forth the reasons advanced by the Designating Party for its
22 refusal to approve the disclosure.
23 In any such proceeding, the Party opposing disclosure to Designated House
24 Counsel or the Expert shall bear the burden of proving that the risk of harm that the
25 disclosure would entail (under the safeguards proposed) outweighs the Receiving
26 Party’s need to disclose the Protected Material to its Designated House Counsel or
27 Expert.
28
1 8. SOURCE CODE
2 (a) To the extent production of source code becomes necessary in this case,
3 a Producing Party may designate source code as “HIGHLY CONFIDENTIAL -
4 SOURCE CODE” if it comprises or includes confidential, proprietary or trade secret
5 source code.
6 (b) Protected Material designated as “HIGHLY CONFIDENTIAL –
7 SOURCE CODE” shall be subject to all of the protections afforded to “HIGHLY
8 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information and, unless
9 otherwise ordered by the court or agreed to in writing by the Designating Party, may
10 be disclosed only to the individuals to whom “HIGHLY CONFIDENTIAL –
11 ATTORNEYS’ EYES ONLY” information may be disclosed, as set forth in
12 paragraphs 7.3 and 7.4, with the exception of Designated House Counsel.
13 (c) Any source code produced in discovery shall be made available for
14 inspection, in a format allowing it to be reasonably reviewed and searched, during
15 normal business hours or at other mutually agreeable times, at an office of the
16 Producing Party’s counsel or another mutually agreed upon location. The source
17 code shall be made available for inspection on a secured computer in a secured room
18 without Internet access or network access to other computers, and the Receiving
19 Party shall not copy, remove, or otherwise transfer any portion of the source code
20 onto any recordable media or recordable device. The Producing Party may visually
21 monitor the activities of the Receiving Party’s representatives during any source
22 code review, but only to ensure that there is no unauthorized recording, copying, or
23 transmission of the source code.
24 (d) The Receiving Party may request paper copies of limited portions of
25 source code that are reasonably necessary for the preparation of court filings,
26 pleadings, expert reports, or other papers, or for deposition or trial, but shall not
27 request paper copies for the purposes of reviewing the source code other than
28 electronically as set forth in paragraph (c) in the first instance. The Producing Party
1 shall provide all such source code in paper form including bates numbers and the
2 label “HIGHLY CONFIDENTIAL - SOURCE CODE.” The Producing Party may
3 challenge the amount of source code requested in hard copy form pursuant to the
4 dispute resolution procedure and timeframes set forth in Paragraph 6 whereby the
5 Producing Party is the “Challenging Party” and the Receiving Party is the
6 “Designating Party” for purposes of dispute resolution.
7 (e) The Receiving Party shall maintain a record of any individual who has
8 inspected any portion of the source code in electronic or paper form, including the
9 names of such individuals, the dates and times of inspection, and the names of any
10 individuals to whom paper copies of portions of source code are provided. The
11 Receiving Party shall maintain all paper copies of any printed portions of the source
12 code in a secured, locked area. The Receiving Party shall not create any electronic
13 or other images of the paper copies and shall not convert any of the information
14 contained in the paper copies into any electronic format. The Receiving Party shall
15 only make additional paper copies if such additional copies are (1) necessary to
16 prepare court filings, pleadings, or other papers (including a testifying expert’s
17 expert report), (2) necessary for deposition, or (3) otherwise necessary for the
18 preparation of its case. Any paper copies used during a deposition shall be retrieved
19 by the Producing Party at the end of each day and must not be given to or left with
20 a court reporter or any other unauthorized individual.
21
22 9. 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,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
27 ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE,” that Party must:
28
1 (a) promptly notify in writing the Designating Party. Such notification
2 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 subpoena
5 or order is subject to this Protective Order. Such notification shall include a copy of
6 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 with
10 the subpoena or court order shall not produce any information designated in this
11 action as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’
12 EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE,” before a
13 determination by the court from which the subpoena or order issued, unless the Party
14 has obtained the Designating Party’s permission. The Designating Party shall bear
15 the burden and expense of seeking protection in that court of its confidential material
16 and nothing in these provisions should be construed as authorizing or encouraging a
17 Receiving Party in this Action to disobey a lawful directive from another court.
18
19 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
20 PRODUCED IN THIS LITIGATION
21 (a) The terms of this Order are applicable to information produced by a
22 Non-Party in this Action and designated as “CONFIDENTIAL,” “HIGHLY
23 CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY
24 CONFIDENTIAL – SOURCE CODE.” Such information produced by Non-Parties
25 in connection with this litigation is protected by the remedies and relief provided by
26 this Order. Nothing in these provisions should be construed as prohibiting a Non-
27 Party from seeking additional protections.
28
1 (b) In the event that a Party is required, by a valid discovery request, to
2 produce a Non-Party’s confidential information in its possession, and the Party is
3 subject to an agreement with the Non-Party not to produce the Non-Party’s
4 confidential information, then the Party shall:
5 (1) promptly notify in writing the Requesting Party and the Non-
6 Party that some or all of the information requested is subject to a confidentiality
7 agreement with a Non-Party;
8 (2) promptly provide the Non-Party with a copy of the Stipulated
9 Protective Order in this Action, the relevant discovery request(s), and a reasonably
10 specific description of the information requested; and
11 (3) make the information requested available for inspection by the
12 Non-Party, if requested.
13 (c) If the Non-Party fails to seek a protective order from this court within
14 14 days of receiving the notice and accompanying information, the Receiving Party
15 may produce the Non-Party’s confidential information responsive to the discovery
16 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
17 not produce any information in its possession or control that is subject to the
18 confidentiality agreement with the Non-Party before a determination by the court.
19 Absent a court order to the contrary, the Non-Party shall bear the burden and expense
20 of seeking protection in this court of its Protected Material.
21
22 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
23 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
24 Protected Material to any person or in any circumstance not authorized under this
25 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
26 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
27 to retrieve all unauthorized copies of the Protected Material, (c) inform the person
28 or persons to whom unauthorized disclosures were made of all the terms of this
1 Order, and (d) request such person or persons to execute the “Acknowledgment and
2 Agreement to Be Bound” that is attached hereto as Exhibit A.
3
4 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
5 PROTECTED MATERIAL
6 When a Producing Party gives notice to Receiving Parties that certain
7 inadvertently produced material is subject to a claim of privilege or other protection,
8 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
9 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
10 may be established in an e-discovery order that provides for production without prior
11 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
12 parties reach an agreement on the effect of disclosure of a communication or
13 information covered by the attorney-client privilege or work product protection, the
14 parties may incorporate their agreement in the stipulated protective order submitted
15 to the court.
16
17 13. MISCELLANEOUS
18 13.1 Right to Further Relief. Nothing in this Order abridges the right of any
19 person to seek its modification by the Court in the future.
20 13.2 Right to Assert Other Objections. By stipulating to the entry of this
21 Protective Order no Party waives any right it otherwise would have to object to
22 disclosing or producing any information or item on any ground not addressed in this
23 Stipulated Protective Order. Similarly, no Party waives any right to object on any
24 ground to use in evidence of any of the material covered by this Protective Order.
25 13.3 Filing Protected Material. A Party that seeks to file under seal any
26 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
27 only be filed under seal pursuant to a court order authorizing the sealing of the
28 specific Protected Material at issue. If a Party's request to file Protected Material
1 under seal is denied by the court, then the Receiving Party may file the information
2 in the public record unless otherwise instructed by the court.
3
4 14. FINAL DISPOSITION
5 After the final disposition of this Action, as defined in paragraph 4, within 60
6 days of a written request by the Designating Party, each Receiving Party must return
7 all Protected Material to the Producing Party or destroy such material. As used in
8 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
9 summaries, and any other format reproducing or capturing any of the Protected
10 Material. Whether the Protected Material is returned or destroyed, the Receiving
11 Party must submit a written certification to the Producing Party (and, if not the same
12 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
13 (by category, where appropriate) all the Protected Material that was returned or
14 destroyed and (2)affirms that the Receiving Party has not retained any copies,
15 abstracts, compilations, summaries or any other format reproducing or capturing any
16 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
17 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
18 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
19 reports, attorney work product, and consultant and expert work product, even if such
20 materials contain Protected Material. Any such archival copies that contain or
21 constitute Protected Material remain subject to this Protective Order as set forth in
22 Section 4 (DURATION).
23

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1}| 15. Any violation of this Order may be punished by any and all appropriate
2|| measures including, without limitation, contempt proceedings and/or monetary
3 |} sanctions.
4
5 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.
6
7|| DATED: October 9, 2023
8 PROSPERA LAW, LLP
AA
1
Victor T. Fu, Esq.
11 |} Albert T. Liou Esq.
12 Attorneys for Plaintiff MOEMENT, INC.
13
14 DATED: October 9, 2023
15 || STRUCTURE LAW GROUP, LLP
16
/s/ Matthew Davis
Matthew Davis, Esq.
1g || Attorneys for Defendants GROOMORE, INC. and CHUNLIANG LIN
19
20 DATED: October 9, 2023
L&F BROWN, P.C.
22
/s/ Joyce H. Ma
23 || Joyce H. Ma, Esq.
94 || Attorneys for Defendant SONGYUN LIU
25
26 || Filer’s Attestation: Pursuant to Local Rule 5-4.3.4(a)(2)(i), Albert T. Liou hereby
attests that all other signatories listed, and on whose behalf the filing is submitted,
27|| concur in the filing’s content and have authorized the filing.
28
21

!|| FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
2
DATED: October 10, 2023
4
5 LS ain £: Krssnsrn
6 || Hon. Karen L. Stevenson
7 United States Magistrate Judge
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4 I, _____________________________ [print or type full name], of
5 _________________ [print or type full address], declare under penalty of perjury
6 that I have read in its entirety and understand the Stipulated Protective Order that
7 was issued by the United States District Court for the Central District of California
8 on __________ [date] in the case of Moement, Inc. v. Groomore, Inc., et al. bearing
9 USDC case no. 2:22-cv-02871-WLH (KSx). I agree to comply with and to be bound
10 by all the terms of this Stipulated Protective Order and I understand and
11 acknowledge that failure to so comply could expose me to sanctions and punishment
12 in the nature of contempt. I solemnly promise that I will not disclose in any manner
13 any information or item that is subject to this Stipulated Protective Order to any
14 person or entity except in strict compliance with the provisions of this Order.
15 I 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.
19 I hereby appoint __________________________ [print or type full name] of
20 _______________________________________ [print or type full address and
21 telephone number] as my California agent for service of process in connection with
22 this action or any proceedings related to enforcement of this Stipulated Protective
23 Order.
24 Date: ______________________________________
25 City and State where sworn and signed: _________________________________
26
27 Printed name: _______________________________
28 Signature: __________________________________

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9984741. Public record. Not legal advice.