Boost Beauty, LLC v. Woo Signatures, LLC

Opinion

Case 9:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 1of16 Page ID #:513 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 WESTERN DIVISION 14 15 || BOOST BEAUTY, LLC, a California Case No. 2:18-cv-02960-CAS-E limited liability company, 16 Plaintiff {SED )| STIPULATED 17 PROTECTIVE ORDER Vv. 18 WOO SIGNATURES, LLC, a [DISCOVERY MATTER] 19 || California limited liability company; TADEH BOOGHOSIA SSARDABIL, 49 || an individual; FARSHID KARAMZAD GOFLSAZ, an individual; ARASH 91 || SEDIGHI, an individual; and DOES 1 through 10, inclusive, 22 Defendants. 23 24 25 26 27 28

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case :18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 2 0f16 Page ID #:514

1 ||1. A. PURPOSES AND LIMITATIONS 2 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. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, customer and pricing lists and 13 || other valuable research, development, commercial, financial, technical and/or 14 || proprietary information for which special protection from public disclosure and 15 || from use for any purpose other than prosecution of this action is warranted. Such 16 || confidential and proprietary materials and information consist of, among other 17 || things, confidential business or financial information, information regarding 18 || confidential business practices, or other confidential research, development, or 19 || commercial information (including information implicating privacy rights of third 20 || parties), information otherwise generally unavailable to the public, or which may be 21 || privileged or otherwise protected from disclosure under state or federal statutes, 22 || court rules, case decisions, or common law. Accordingly, to expedite the flow of 23 || information, to facilitate the prompt resolution of disputes over confidentiality of 24 || discovery materials, to adequately protect information the parties are entitled to keep 25 || confidential, to ensure that the parties are permitted reasonable necessary uses of 26 || such material in preparation for and in the conduct of trial, to address their handling 97 || at the end of the litigation, and serve the ends of justice, a protective order for such 28 || information is justified in this matter. It is the intent of the parties that information anon siipULaTib PROTEGHIVEORDER

Case :18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 3 of 16 Page ID #:515

1 || will not be designated as confidential for tactical reasons and that nothing be so 2 ||designated without a good faith belief that it has been maintained in a confidential, 3 || non-public manner, and there is good cause why it should not be part of the public 4 |\record of this case. 5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 6 The parties further acknowledge, as set forth in Section 12.3, below, that this 7 || Stipulated Protective Order does not entitle them to file confidential information g |l under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 9 || and the standards that will be applied when a party seeks permission from the court 10 ||to file material under seal. 11 There is a strong presumption that the public has a right of access to judicial 12 || proceedings and records in civil cases. In connection with non-dispositive motions, 13 || good cause must be shown to support a filing under seal. See Kamakana v. City and 14 || County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 15 || Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 16 ||Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 17 ||require good cause showing), and a specific showing of good cause or compelling 18 ||reasons with proper evidentiary support and legal justification, must be made with 19 □□ respect to Protected Material that a party seeks to file under seal. The parties’ mere 20 || designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 1 || without the submission of competent evidence by declaration, establishing that the 22 || material sought to be filed under seal qualifies as confidential, privileged, or 23 || otherwise protectable—constitute good cause. 24 Further, if a party requests sealing related to a dispositive motion or trial, then 25 || compelling reasons, not only good cause, for the sealing must be shown, and the 26 relief sought shall be narrowly tailored to serve the specific interest to be protected. 97 || See Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 28 |leach item or type of information, document, or thing sought to be filed or introduced as SIPULATID PROTECTIVEORDER SSCS

Case }:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 4of16 Page ID #:516

1 || under seal in connection with a dispositive motion or trial, the party seeking 2 || protection must articulate compelling reasons, supported by specific facts and legal 3 || justification, for the requested sealing order. Again, competent evidence supporting 4 ||the application to file documents under seal must be provided by declaration. 5 Any document that is not confidential, privileged, or otherwise protectable in 6 |lits entirety will not be filed under seal if the confidential portions can be redacted. 7 |\1f documents can be redacted, then a redacted version for public viewing, omitting 8 || only the confidential, privileged, or otherwise protectable portions of the document, 9 || shall be filed. Any application that seeks to file documents under seal in their 10 □□ entirety should include an explanation of why redaction is not feasible. 11 ||2. DEFINITIONS 12 2.1 Action: this pending federal lawsuit, Boost Beauty, LLC v. Woo 13 || Signatures, LLC et al., C.D. Cal. Case No. 2:18-cv-02960-CAS-E. 14 2.2 Challenging Party: a Party or Non-Party that challenges the 15 || designation of information or items under this Order. 16 23 “CONFIDENTIAL” Information or Items: information (regardless of 17 ||how it is generated, stored or maintained) or tangible things that qualify for 18 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in 19 || the Good Cause Statement. 20 24 “HIGHLY CONFIDENTIAL — Attorneys’ Eyes Only” Information or 21 ||Items: Information (regardless of how it is generated, stored or maintained) or 22 |\tangible things that qualify for protection under Federal Rule of Civil Procedure 23 ||26(c), and as specified above in the Good Cause Statement. This designation is 4 || limited to material that is so commercially sensitive that a party would be at a severe 5 || economic disadvantage if its competitors were able to review the material. Examples 26 ||of HIGHLY CONFIDENTIAL -— Attorneys’ Eyes Only material include, but are not 97 || limited to, customer lists and trade secrets. 28 [PROPOSED] STIPULATED PROTECTIVE ORDER

Case 9:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page5of16 Page ID #:517

1 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 2 their support staff). 3 2.6 Designating Party: a Party or Non-Party that designates information or 4 || items that it produces in disclosures or in responses to discovery as 5 “CONFIDENTIAL.” 6 2.7 Disclosure or Discovery Material: all items or information, regardless 7 \lof the medium or manner in which it is generated, stored, or maintained (including, 8 ||among other things, testimony, transcripts, and tangible things), that are produced or 9 || generated in disclosures or responses to discovery in this matter. 10 2.8 Expert: a person with specialized knowledge or experience in a matter 11 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 12 ||an expert witness or as a consultant in this Action. 13 2.9 House Counsel: attorneys who are employees of a party to this Action. 14 || House Counsel does not include Outside Counsel of Record or any other outside 15 |}counsel. 16 2.10 Non-Party: any natural person, partnership, corporation, association or 17 || other legal entity not named as a Party to this action. 18 2.11 Outside Counsel of Record: attorneys who are not employees of a 19 || party to this Action but are retained to represent or advise a party to this Action and 20 ||have appeared in this Action on behalf of that party or are affiliated with a law firm 21 || that has appeared on behalf of that party, and includes support staff. 22 2.12 Party: any party to this Action, including all of its officers, directors, 23 employees, consultants, retained experts, and Outside Counsel of Record (and their 24 ||support staffs). 25 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 26 || Discovery Material in this Action. 27 2.14 Professional Vendors: persons or entities that provide litigation 28 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or ORDER

Case :18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 6of16 Page ID #:518

1 ||demonstrations, and organizing, storing, or retrieving data in any form or medium) 2 || and their employees and subcontractors. 3 2.15 Protected Material: any Disclosure or Discovery Material that is 4 || designated as “CONFIDENTIAL.” 5 2.16 Receiving Party: a Party that receives Disclosure or Discovery 6 || Material from a Producing Party. 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 trial 14 ||judge. This Order does not govern the use of Protected Material at trial. 15 |/4. DURATION 16 FINAL DISPOSITION of the action is defined as the conclusion of any 17 || appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 18 ||has run. Except as set forth below, the terms of this protective order apply through 19 || FINAL DISPOSITION of the action. The parties may stipulate that the they will be 20 || contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 21 || but will have to file a separate action for enforcement of the agreement once all 22 || proceedings in this case are complete. 23 Once a case proceeds to trial, information that was designated as 94 || CONFIDENTIAL or maintained pursuant to this protective order used or introduced 95 \\as an exhibit at trial becomes public and will be presumptively available to all 26 |\members of the public, including the press, unless compelling reasons supported by 27 || specific factual findings to proceed otherwise are made to the trial judge in advance 98 |l of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” ap PROTECTIVEORDER

Y:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 7 of 16 Page ID #:519

1 |) showing for sealing documents produced in discovery from “compelling reasons” 2 || standard when merits-related documents are part of court record). Accordingly, for 3 ||such materials, the terms of this protective order do not extend beyond the 4 ||commencement of the trial. 5115. | DESIGNATING PROTECTED MATERIAL 6 5.1 Exercise of Restraint and Care in Designating Material for Protection. 7 ||Each Party or Non-Party that designates information or items for protection under g ||this Order must take care to limit any such designation to specific material that 9 || qualifies under the appropriate standards. The Designating Party must designate for 10 || protection only those parts of material, documents, items or oral or written 11 ||communications that qualify so that other portions of the material, documents, items 12 |}or communications for which protection is not warranted are not swept unjustifiably 13 || within the ambit of this Order. 14 Mass, indiscriminate or routinized designations are prohibited. Designations 15 ||that are shown to be clearly unjustified or that have been made for an improper 16 || purpose (e.g., to unnecessarily encumber the case development process or to impose 17 || unnecessary expenses and burdens on other parties) may expose the Designating 18 || Party to sanctions. 19 If it comes to a Designating Party’s attention that information or items that it 20 || designated for protection do not qualify for protection, that Designating Party must 21 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 22 5.2 Manner and Timing of Designations. Except as otherwise provided in 23 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 24 ||stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 25 |l under this Order must be clearly so designated before the material is disclosed or 26 || produced. 27 Designation in conformity with this Order requires: 28

(PROPOSED] STIPULATED PROTECTIVE ORDER

Case #:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 8 of 16 Page ID #:520

1 (a) for information in documentary form (e.g., paper or electronic documents, 2 || but excluding transcripts of depositions or other pretrial or trial proceedings), that 3 □□ □□□ Producing Party affix at a minimum, the legend “CONFIDENTIAL” or 4 ||“HIGHLY CONFIDENTIAL — Attorneys’ Eyes Only,” to each page that contains 5 || protected material. If only a portion of the material on a page qualifies for 6 || protection, the Producing Party also must clearly identify the protected portion(s) 7 |\(e.g., by making appropriate markings in the margins). 8 A Party or Non-Party that makes original documents available for inspection 9 ||need not designate them for protection until after the inspecting Party has indicated 10 |} which documents it would like copied and produced. During the inspection and 11 || before the designation, all of the material made available for inspection shall be 12 ||\deemed “CONFIDENTIAL .” After the inspecting Party has identified the 13 documents it wants copied and produced, the Producing Party must determine which 14 ||}documents, or portions thereof, qualify for protection under this Order. Then, 15 || before producing the specified documents, the Producing Party must affix the 16 ||“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — Attorneys’ Eyes Only” 17 || legend to each page that contains Protected Material. If only a portion of the 18 || material on a page qualifies for protection, the Producing Party also must clearly 19 || identify the protected portion(s) (e.g., by making appropriate markings in the 20 margins). 21 (b) for testimony given in depositions that the Designating Party identifies 22 ||the Disclosure or Discovery Material on the record, before the close of the 23 || deposition all protected testimony. 24 (c) for information produced in some form other than documentary and for 25 ||any other tangible items, that the Producing Party affix in a prominent place on the 26 || exterior of the container or containers in which the information is stored the legend 27 ||““CONFIDENTIAL” or HIGHLY CONFIDENTIAL - Attorneys’ Eyes Only.” If 28 OD ADHCENTOTIDITDATEN DDATESCTIVE NDRPRFD

:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 90f16 Page ID #:521

1 || only a portion or portions of the information warrants protection, the Producing 2 || Party, to the extent practicable, shall identify the protected portion(s). 3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 4 || failure to designate qualified information or items does not, standing alone, waive 5 ||the Designating Party’s right to secure protection under this Order for such material. 6 || Upon timely correction of a designation, the Receiving Party must make reasonable 7 || efforts to assure that the material is treated in accordance with the provisions of this 8 || Order. 91/6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 10 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 11 || designation of confidentiality at any time that is consistent with the Court’s 12 || Scheduling Order. 13 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 14 || resolution process under Local Rule 37.1 et seq. 15 6.3. The burden of persuasion in any such challenge proceeding shall be on 16 ||the Designating Party. Frivolous challenges, and those made for an improper 17 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 18 || parties) may expose the Challenging Party to sanctions. Unless the Designating 19 || Party has waived or withdrawn the confidentiality designation, all parties shall 20 ||continue to afford the material in question the level of protection to which it is 21 |/entitled under the Producing Party’s designation until the Court rules on the 22 || challenge. 23 117. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. A Receiving Party may use Protected Material that is 25 || disclosed or produced by another Party or by a Non-Party in connection with this 26 |} Action only for prosecuting, defending or attempting to settle this Action. Such 27 || Protected Material may be disclosed only to the categories of persons and under the 28 || conditions described in this Order. When the Action has been terminated, a

Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 10o0f16 Page ID #:522

1 |}Receiving Party must comply with the provisions of section 13 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 11 || well as employees of said Outside Counsel of Record to whom it is reasonably 12 ||necessary to disclose the information for this Action; 13 (b) the officers, directors, and employees (including House Counsel) of 14 ||the 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 24 ||a custodian or other person who otherwise possessed or knew the information; 25 (h) during their depositions, witnesses, and attorneys for witnesses, in 26 |\the Action to whom disclosure is reasonably necessary provided: (1) the deposing 27 || party requests that the witness sign the form attached as Exhibit A hereto; and (2) 28 they will not be permitted to keep any confidential information unless they sign the

Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 110f16 Page ID #:523

1 ||““Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 2 j;/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 Only” 9 || Information or Items. Unless otherwise ordered by the court or permitted in writing 10 || by the Designating Party, a Receiving Party may disclose any information or item 11 || designated “HIGHLY CONFIDENTIAL - Attorneys’ Eyes Only” only to: 12 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 13 || well as employees of said Outside Counsel of Record to whom it is reasonably 14 ||necessary to disclose the information for this Action; 15 (b) 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 (c) the court and its personnel; 19 (d) court reporters and their staff; 20 (e) 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 (f) the author or recipient of a document containing the information or 24 ||a custodian or other person who otherwise possessed or knew the information; 25 (g) during their depositions, witnesses, and attorneys for witnesses, in 26 ||the Action to whom disclosure is reasonably necessary provided: (1) the deposing 27 || party requests that the witness sign the form attached as Exhibit A hereto; and (2) 28 || they will not be permitted to keep any confidential information unless they sign the

Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page of16 Page ID #:524

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 (h) any mediator or settlement officer, and their supporting personnel, 7 || mutually agreed upon by any of the parties engaged in settlement discussions. 8 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 9 IN OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation 11 ||that compels disclosure of any information or items designated in this Action as 12 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ~ Attorneys’ Eyes Only,” that 13 || Party must: 14 (a) promptly notify in writing the Designating Party. Such notification 15 || shall include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or 17 || order to issue in the other litigation that some or all of the material covered by the 18 || subpoena or order is subject to this Protective Order. Such notification shall include 19 ||a copy of this Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be 21 || pursued by the Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served with 23 subpoena or court order shall not produce any information designated in this 24 || action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — Attorneys’ Eyes 25 || Only” before a determination by the court from which the subpoena or order issued, 26 || unless the Party has obtained the Designating Party’s permission. The Designating 27 || Party shall bear the burden and expense of seeking protection in that court of its 28 || confidential material and nothing in these provisions should be construed as esse CCC—'?

Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 13 of 16 Page ID #:525

1 || authorizing or encouraging a Receiving Party in this Action to disobey a lawful 2 || directive from another court. 31/9. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 4 PRODUCED IN THIS LITIGATION 5 (a) The terms of this Order are applicable to information produced by a Non- 6 || Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 7 || CONFIDENTIAL - Attorneys’ Eyes Only/” Such information produced by Non- 8 || Parties in connection with this litigation is protected by the remedies and relief 9 || provided by this Order. Nothing in these provisions should be construed as 10 || prohibiting a Non-Party from seeking additional protections. 11 (b) In the event that a Party is required, by a valid discovery request, to 12 || produce a Non-Party’s confidential information in its possession, and the Party is 13 ||subject to an agreement with the Non-Party not to produce the Non-Party’s 14 || confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non-Party 16 || that some or all of the information requested is subject to a confidentiality 17 || agreement with a Non-Party; 18 (2) promptly provide the Non-Party with a copy of the Stipulated 19 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 20 || specific description of the information requested; and 21 (3) make the information requested available for inspection by the 22 || Non-Party, if requested. 23 (c) If the Non-Party fails to seek a protective order from this court within 14 24 || days of receiving the notice and accompanying information, the Receiving Party 25 ||may produce the Non-Party’s confidential information responsive to the discovery 26 ||request. If the Non-Party timely seeks a protective order, the Receiving Party shall 27 ||not produce any information in its possession or control that is subject to the 28 || confidentiality agreement with the Non-Party before a determination by the court. ET

Case 18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 140f16 Page ID #:526

1 |] Absent a court order to the contrary, the Non-Party shall bear the burden and 2 ||expense of seeking protection in this court of its Protected Material. 3 1/10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Protected Material to any person or in any circumstance not authorized under this 6 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in 7 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 8 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 9 || persons to whom unauthorized disclosures were made of all the terms of this Order, 10 || and (d) request such person or persons to execute the “Acknowledgment and 11 |] Agreement to Be Bound” that is attached hereto as Exhibit A. 12 |}11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain 15 |/inadvertently produced material is subject to a claim of privilege or other protection, 16 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 17 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever 18 || procedure may be established in an e-discovery order that provides for production 19 || without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 20 ||(e), insofar as the parties reach an agreement on the effect of disclosure of a 21 ||communication or information covered by the attorney-client privilege or work 22 || product protection, the parties may incorporate their agreement in the stipulated 23 || protective order submitted to the court. 24 }}12. MISCELLANEOUS 25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 26 || person to seek its modification by the Court in the future. 27 12.2 Right to Assert Other Objections. By stipulating to the entry of this 28 || Protective Order, no Party waives any right it otherwise would have to object to =H

4|18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 15 of 16 Page ID #:527

1 || disclosing or producing any information or item on any ground not addressed in this 2 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 3 || ground to use in evidence of any of the material covered by this Protective Order. 4 12.3 Filing Protected Material. A Party that seeks to file under seal any 5 || Protected Material must comply with Local Civil Rule 79-5. Protected Material 6 ||may only be filed under seal pursuant to a court order authorizing the sealing of the 7 ||specific Protected Material at issue. If a Party’s request to file Protected Material 8 || under seal is denied by the court, then the Receiving Party may file the information 9 |/in the public record unless otherwise instructed by the court. 10 ||13. FINAL DISPOSITION 11 After the final disposition of this Action, as defined in paragraph 4, within 60 12 || days of a written request by the Designating Party, each Receiving Party must return 13 || all Protected Material to the Producing Party or destroy such material. As used in 14 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 15 |;summaries, and any other format reproducing or capturing any of the Protected 16 || Material. Whether the Protected Material is returned or destroyed, the Receiving 17 || Party must submit a written certification to the Producing Party (and, if not the same 18 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 19 || (by category, where appropriate) all the Protected Material that was returned or 20 || destroyed and (2) affirms that the Receiving Party has not retained any copies, 21 || abstracts, compilations, summaries or any other format reproducing or capturing any 22 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 23 □□ retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 24 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 25 reports, attorney work product, and consultant and expert work product, even if such 26 || materials contain Protected Material. Any such archival copies that contain or 27 || constitute Protected Material remain subject to this Protective Order as set forth in 28 || Section 4 (DURATION). ____

Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 16 of 16 Page ID #:528

114. VIOLATION 2 Any violation of this Order may be punished by appropriate measures 3 |/including, without limitation, contempt proceedings and/or monetary sanctions. 5 For good cause shown, and pursuant to the Parties’ Stipulation, IT IS SO 6 |} ORDERED. : 127/67 Date: S/27/7 ZLZAELL> 10 . Hon. Charles F. Eick United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 IPROPOCEN] STIPLTATED PROTECTIVE ORDER