BSB Industries, LLC v. Fasthouse, Inc.

• Court: District Court, C.D. California
• Decided: December 1, 2020
• Docket: 2:20-cv-05993
• Status: Unknown

Opinion

1 Nicholas D. Myers (State Bar No. 251809) nicholas@themyerslg.com 2 Clifford L. White (State Bar No. 210423) cliff@themyerslg.com 3 Ivan U. Cisneros (State Bar No. 256232) ivan@themyerslg.com 4 THE MYERS LAW GROUP 4695 MacArthur Court, Suite 200 5 Newport Beach, California 92660 T: 949.825.5590 6 F: 949.861.6220 E: litigation@themyerslg.com 7 Attorneys for Plaintiff BSB 8 INDUSTRIES, LLC 9 LTL ATTORNEYS LLP Joe Tuffaha (SBN 253723) 10 joe.tuffaha@ltlattorneys.com 11 Tiffany Hansen (SBN 292850) tiffany.hansen@ltlattorneys.com 12 Elizabeth Dinh (SBN 329295) 13 lizzie.dinh@ltlattorneys.com 300 S. Grand Ave., 14th Floor 14 Los Angeles, CA 90071 15 Tel: (213) 612-8900 Fax: (213) 612-3773 16 Attorneys for Defendant FASTHOUSE, 17 INC. 18 UNITED STATES DISTRICT COURT 19 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 20 21 BSB INDUSTRIES, LLC a California Case No. 2:20-cv-05993-SB (ASx) 22 limited liability company, District Judge: Hon. Stanley 23 Plaintiff, Blumenfeld, Jr. Magistrate Judge: Hon. Alka 24 v. Sagar 25 FASTHOUSE, INC., a Delaware corporation; and DOES 1 through 50, PROTECTIVE ORDER 26 inclusive, Trial Date: Not Set 27 Defendants. 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 disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order does 7 not confer blanket protections on all disclosures or responses to discovery and that 8 the protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable 10 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 11 that this Stipulated Protective Order does not entitle them to file confidential 12 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 13 followed and the standards that will be applied when a party seeks permission from 14 the court to file material under seal. 15 B. GOOD CAUSE STATEMENT 16 Good cause exists for the entry of this pretrial protective order because this case 17 relates to alleged trademark infringement and Plaintiff alleges that the parties are 18 direct competitors. Anticipated discovery includes confidential commercial 19 information including trade secrets such as private financial information and business 20 plans of both Plaintiff and Defendant. In addition, discovery may include customer 21 and/or supplier lists, sales and revenue information, and advertising and marketing 22 information. Nutratech, Inc. v. Syntech (SSPF) Intern., Inc., 242 F.R.D. 552, 555 n.4 23 (C.D. Cal. 2007) (“Customer/supplier lists and sales and revenue information qualify 24 as ‘confidential commercial information’” under Rule 26.). Disclosure of this 25 information to the other party or the public would be damaging to the parties’ 26 respective business interests. 27 Further, good cause exists for a two-tiered, attorney-eyes-only protective order 1 allegations of intellectual property infringement that may require production of highly 2 confidential financial, customer, and supplier information. Nutratech, Inc. v. Syntech 3 Int’l, Inc., 242 F.R.D. 552, 556 (C.D. Cal. 2007) (“Many cases involving claims of 4 trademark infringement require the production of customer and supplier lists and such 5 lists are customarily produced subject to an ‘attorney’s eyes only’ order.”) 6 Accordingly, to expedite the flow of information, to facilitate the prompt 7 resolution of disputes over confidentiality of discovery materials, to adequately 8 protect information the parties are entitled to keep confidential, to ensure that the 9 parties are permitted reasonable necessary uses of such material in preparation for and 10 in the conduct of trial, to address their handling at the end of the litigation, and serve 11 the ends of justice, a protective order for such information is justified in this matter. 12 It is the intent of the parties that information will not be designated as confidential for 13 tactical reasons and that nothing be so designated without a good faith belief that it 14 has been maintained in a confidential, non-public manner, and there is good cause 15 why it should not be part of the public record of this case. 16 17 2. DEFINITIONS 18 2.1 Action: this pending federal law suit. 19 2.2 Challenging Party: a Party or Non-Party that challenges the designation 20 of information or items under this Order. 21 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 22 how it is generated, stored or maintained) or tangible things that qualify for protection 23 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 24 Cause Statement. 25 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 26 support staff). 27 2.5 Designating Party: a Party or Non-Party that designates information or 1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 2 ONLY.” 3 2.6 Disclosure or Discovery Material: all items or information, regardless of 4 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 or 6 generated in disclosures or responses to discovery in this matter. 7 2.7 Expert: a person with specialized knowledge or experience in a matter 8 pertinent to the litigation who has been retained by a Party or its counsel to serve as 9 an expert witness or as a consultant in this Action. 10 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 11 Information or Items: extremely sensitive “Confidential Information or Items,” 12 disclosure of which to another Party or Non-Party would create a substantial risk of 13 serious harm that could not be avoided by less restrictive means. 14 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. 17 2.10 Non-Party: any natural person, partnership, corporation, association, or 18 other legal entity not named as a Party to this action. 19 2.11 Outside Counsel of Record: attorneys who are not employees of a party 20 to this Action but are retained to represent or advise a party to this Action and have 21 appeared in this Action on behalf of that party or are affiliated with a law firm which 22 has appeared on behalf of that party, and includes support staff. 23 2.12 Party: any party to this Action, including all of its officers, shareholders, 24 directors, employees, consultants, retained experts, and Outside Counsel of Record 25 (and their support staffs). 26 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 27 Discovery Material in this Action. 1 services (e.g., photocopying, videotaping, translating, preparing exhibits or 2 demonstrations, and organizing, storing, or retrieving data in any form or medium) 3 and their employees and subcontractors. 4 2.15 Protected Material: any Disclosure or Discovery Material that is 5 designated as “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL – 6 ATTORNEYS’ EYES ONLY.” 7 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 8 from a Producing Party. 9 10 3. SCOPE 11 The protections conferred by this Stipulation and Order cover not only 12 Protected Material (as defined above), but also (1) any information copied or extracted 13 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 14 Protected Material; and (3) any testimony, conversations, or presentations by Parties 15 or their Counsel that might reveal Protected Material. 16 However, the protections conferred by this Stipulation and Order do not cover 17 the following information: (a) any information that is in the public domain at the time 18 of disclosure to a Receiving Party or becomes part of the public domain after its 19 disclosure to a Receiving Party as a result of publication not involving a violation of 20 this Order, including becoming part of the public record through trial or otherwise; 21 and (b) any information known to the Receiving Party prior to the disclosure, as 22 evidenced by documentation, or obtained by the Receiving Party after the disclosure 23 from a source who obtained the information lawfully and under no obligation of 24 confidentiality to the Designating Party. 25 Any use of Protected Material at trial shall be governed by the orders of the 26 trial judge. This Order does not govern the use of Protected Material at trial. 27 / / / 1 4. DURATION 2 Even after final disposition of this litigation, the confidentiality obligations 3 imposed by this Order shall remain in effect until a Designating Party agrees 4 otherwise in writing or a court order otherwise directs. Final disposition shall be 5 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 6 or without prejudice; and (2) final judgment herein after the completion and 7 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 8 including the time limits for filing any motions or applications for extension of time 9 pursuant to applicable law. 10 11 5. DESIGNATING PROTECTED MATERIAL 12 5.1 Exercise of Restraint and Care in Designating Material for Protection. 13 Each Party or Non-Party that designates information or items for protection under this 14 Order must take care to limit any such designation to specific material that qualifies 15 under the appropriate standards. The Designating Party must designate for protection 16 only those parts of material, documents, items, or oral or written communications that 17 qualify so that other portions of the material, documents, items, or communications 18 for which protection is not warranted are not swept unjustifiably within the ambit of 19 this Order. 20 Mass, indiscriminate, or routinized designations are prohibited. Designations 21 that are shown to be clearly unjustified or that have been made for an improper 22 purpose (e.g., to unnecessarily encumber the case development process or to impose 23 unnecessary expenses and burdens on other parties) may expose the Designating Party 24 to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it 26 designated for protection do not qualify for protection, that Designating Party must 27 promptly notify all other Parties that it is withdrawing the inapplicable designation. 1 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 2 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 3 under this Order must be clearly so designated before the material is disclosed or 4 produced. 5 Designation in conformity with this Order requires: 6 (a) for information in documentary form (e.g., paper or electronic 7 documents, but excluding transcripts of depositions or other pretrial or trial 8 proceedings), that the Producing Party affix at a minimum, the legend 9 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 10 ONLY,” to each page that contains protected material. If only a portion or portions of 11 the material on a page qualifies for protection, the Producing Party also must clearly 12 identify the protected portion(s) (e.g., by making appropriate markings in the margins) 13 and must specify, for each portion, the level of protection being asserted. 14 A Party or Non-Party that makes original documents available for inspection 15 need not designate them for protection until after the inspecting Party has indicated 16 which documents it would like copied and produced. During the inspection and before 17 the designation, all of the material made available for inspection shall be deemed 18 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting 19 Party has identified the documents it wants copied and produced, the Producing Party 20 must determine which documents, or portions thereof, qualify for protection under 21 this Order. Then, before producing the specified documents, the Producing Party must 22 affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 23 ATTORNEYS’ EYES ONLY”) to each page that contains Protected Material. If only 24 a portion or portions of the material on a page qualifies for protection, the Producing 25 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 26 markings in the margins) and must specify, for each portion, the level of protection 27 being asserted. 1 Disclosure or Discovery Material on the record, before the close of the deposition all 2 protected testimony. 3 (c) for information produced in some form other than documentary and for 4 any other tangible items, that the Producing Party affix in a prominent place on the 5 exterior of the container or containers in which the information is stored the legend 6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 7 ONLY.” If only a portion or portions of the information warrants protection, the 8 Producing Party, to the extent practicable, shall identify the protected portion(s) and 9 specify the level of protection being asserted. 10 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 11 failure to designate qualified information or items does not, standing alone, waive the 12 Designating Party’s right to secure protection under this Order for such material. 13 Upon timely correction of a designation, the Receiving Party must make reasonable 14 efforts to assure that the material is treated in accordance with the provisions of this 15 Order. 16 17 6. CHALLENGING CONFIDENTIALITY 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 informal 22 dispute resolution process set forth in the Court's Procedures and Schedules. see 23 http://www.cacd.uscourts.gov/honorable-alka-sagar 24 6.3 The burden of persuasion in any such challenge proceeding shall be on 25 the Designating Party. Frivolous challenges, and those made for an improper purpose 26 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 27 expose the Challenging Party to sanctions. Unless the Designating Party has waived 1 material in question the level of protection to which it is entitled under the Producing 2 Party’s designation until the Court rules on the challenge. 3 4 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that is 6 disclosed or produced by another Party or by a Non-Party in connection with this 7 Action only for prosecuting, defending, or attempting to settle this Action. Such 8 Protected Material may be disclosed only to the categories of persons and under the 9 conditions described in this Order. When the Action has been terminated, a Receiving 10 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a 12 location and in a secure manner that ensures that access is limited to the persons 13 authorized under this Order. 14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 15 otherwise ordered by the court or permitted in writing by the Designating Party, a 16 Receiving Party may disclose any information or item designated 17 “CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 19 as employees of said Outside Counsel of Record to whom it is reasonably necessary 20 to disclose the information for this Action; 21 (b) the officers, directors, and employees (including House Counsel) of the 22 Receiving Party to whom disclosure is reasonably necessary for this Action; 23 (c) Experts (as defined in this Order) of the Receiving Party to whom 24 disclosure is reasonably necessary for this Action and who have signed the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (d) the court and its personnel; 27 (e) court reporters and their staff; 1 Vendors to whom disclosure is reasonably necessary for this Action and who have 2 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (g) the author or recipient of a document containing the information or a 4 custodian or other person who otherwise possessed or knew the information; 5 (h) during their depositions, witnesses, and attorneys for witnesses, in the 6 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 7 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 8 not be permitted to keep any confidential information unless they sign the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 10 agreed by the Designating Party or ordered by the court. Pages of transcribed 11 deposition testimony or exhibits to depositions that reveal Protected Material may be 12 separately bound by the court reporter and may not be disclosed to anyone except as 13 permitted under this Stipulated Protective Order; and 14 (i) any mediator or settlement officer, and their supporting personnel, 15 mutually agreed upon by any of the parties engaged in settlement discussions. 16 17 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 18 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 19 writing by the Designating Party, a Receiving Party may disclose any information or 20 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only 21 to: 22 (a) the Receiving Party’s Outside Counsel of Record in this action, as well 23 as employees of said Outside Counsel of Record to whom it is reasonably necessary 24 to disclose the information for this litigation; 25 (b) Experts of the Receiving Party (1) to whom disclosure is reasonably 26 necessary for this litigation, (2) who have signed the “Acknowledgment and 27 Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth in 1 (c) the court and its personnel; 2 (d) court reporters and their staff, professional jury or trial consultants, mock 3 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 4 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 5 (Exhibit A); and 6 (f) the author or lawful recipient of a document containing the information 7 or a custodian or other person who otherwise possessed or knew the information. 8 7.4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 9 EYES ONLY” information or items may be disclosed to an Expert without disclosure 10 of the identity of the Expert as long as the Expert is not a current owner, shareholder, 11 member, officer, director, agent, or employee of a competitor of a Party or anticipated 12 to become one. 13 14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 15 OTHER LITIGATION 16 If a Party is served with a subpoena or a court order issued in other litigation 17 that compels disclosure of any information or items designated in this Action as 18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 19 ONLY,” that Party must: 20 (a) promptly notify in writing the Designating Party. Such notification shall 21 include a copy of the subpoena or court order; 22 (b) promptly notify in writing the party who caused the subpoena or order to 23 issue in the other litigation that some or all of the material covered by the subpoena 24 or order is subject to this Protective Order. Such notification shall include a copy of 25 this Stipulated Protective Order; and 26 (c) cooperate with respect to all reasonable procedures sought to be pursued 27 by the Designating Party whose Protected Material may be affected. 1 the subpoena or court order shall not produce any information designated in this action 2 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 3 ONLY” before a determination by the court from which the subpoena or order issued, 4 unless the Party has obtained the Designating Party’s permission. The Designating 5 Party shall bear the burden and expense of seeking protection in that court of its 6 confidential material and nothing in these provisions should be construed as 7 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 8 directive from another court. 9 10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 11 PRODUCED IN THIS LITIGATION 12 (a) The terms of this Order are applicable to information produced by a Non- 13 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 14 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by 15 Non-Parties in connection with this litigation is protected by the remedies and relief 16 provided by this Order. Nothing in these provisions should be construed as prohibiting 17 a Non-Party from seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party’s confidential information in its possession, and the Party is 20 subject to an agreement with the Non-Party not to produce the Non-Party’s 21 confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non-Party 23 that some or all of the information requested is subject to a confidentiality agreement 24 with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated 26 Protective Order in this Action, the relevant discovery request(s), and a reasonably 27 specific description of the information requested; and 1 Non-Party, if requested. 2 (c) If the Non-Party fails to seek a protective order from this court within 14 3 days of receiving the notice and accompanying information, the Receiving Party may 4 produce the Non-Party’s confidential information responsive to the discovery request. 5 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 6 any information in its possession or control that is subject to the confidentiality 7 agreement with the Non-Party before a determination by the court. Absent a court 8 order to the contrary, the Non-Party shall bear the burden and expense of seeking 9 protection in this court of its Protected Material. 10 11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIA 12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 13 Protected Material to any person or in any circumstance not authorized under this 14 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 15 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 16 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 17 persons to whom unauthorized disclosures were made of all the terms of this Order, 18 and (d) request such person or persons to execute the “Acknowledgment and 19 Agreement to Be Bound” that is attached hereto as Exhibit A. 20 21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 22 PROTECTED MATERIAL 23 When a Producing Party gives notice to Receiving Parties that certain 24 inadvertently produced material is subject to a claim of privilege or other protection, 25 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 26 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 27 may be established in an e-discovery order that provides for production without prior 1 parties reach an agreement on the effect of disclosure of a communication or 2 information covered by the attorney-client privilege or work product protection, the 3 parties may incorporate their agreement in the stipulated protective order submitted 4 to the court. 5 6 12. MISCELLANEOUS 7 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 8 person to seek its modification by the Court in the future. 9 12.2 Right to Assert Other Objections. By stipulating to the entry of this 10 Protective Order no Party waives any right it otherwise would have to object to 11 disclosing or producing any information or item on any ground not addressed in this 12 Stipulated Protective Order. Similarly, no Party waives any right to object on any 13 ground to use in evidence of any of the material covered by this Protective Order. 14 12.3 Filing Protected Material. A Party that seeks to file under seal any 15 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 16 only be filed under seal pursuant to a court order authorizing the sealing of the specific 17 Protected Material at issue. If a Party's request to file Protected Material under seal is 18 denied by the court, then the Receiving Party may file the information in the public 19 record unless otherwise instructed by the court. 20 21 13. FINAL DISPOSITION 22 After the final disposition of this Action, as defined in paragraph 4, within 60 23 days of a written request by the Designating Party, each Receiving Party must return 24 all Protected Material to the Producing Party or destroy such material. As used in this 25 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 26 summaries, and any other format reproducing or capturing any of the Protected 27 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 1 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 2 category, where appropriate) all the Protected Material that was returned or destroyed 3 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 4 compilations, summaries or any other format reproducing or capturing any of the 5 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 6 archival copy of all pleadings, motion papers, trial, deposition, and hearing 7 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 8 reports, attorney work product, and consultant and expert work product, even if such 9 materials contain Protected Material. Any such archival copies that contain or 10 constitute Protected Material remain subject to this Protective Order as set forth in 11 Section 4 (DURATION). 12 13 14. Any violation of this Order may be punished by any and all appropriate 14 measures including, without limitation, contempt proceedings and/or monetary 15 sanctions. 16 17 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD 18 Date: December 1, 2020 THE MYERS LAW GROUP 19 /s/ Clifford L. White 20 Nicholas D. Myers Clifford L. White 21 Ivan U. Cisneros 22 Attorneys for Plaintiff BSB INDUSTRIES, LLC. 23 Date: December 1, 2020 LTL ATTORNEYS LLP 24 /s/ Tiffany Hansen 25 Joe Tuffaha 26 Tiffany Hansen 27 Elizabeth Dinh Attorneys for Defendant FASTHOUSE, INC. 1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 DATED: December 1, 2020 / s / Sagar Honorable Alka Sagar 4 United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], 4 of [print 5 or type full address], declare under penalty of perjury that I have read in its entirety 6 and understand the Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on [date] in the 8 case of BSB Industries, LLC v. Fasthouse, Inc., et al., Case No. 2:20-cv-05993-CW 9 (ASx). I agree to comply with and to be bound by all the terms of this Stipulated 10 Protective Order and I understand and acknowledge that failure to so comply could 11 expose me to sanctions and punishment in the nature of contempt. I solemnly promise 12 that I will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance with 14 the provisions of this Order. I further agree to submit to the jurisdiction of the United 15 States District Court for the Central District of California for the purpose of enforcing 16 the terms of this Stipulated Protective Order, even if such enforcement proceedings 17 occur after termination of this action. I hereby appoint 18 [print or type full name] of 19 [print or type full address and telephone number] as my California 20 agent for service of process in connection with this action or any proceedings related 21 to enforcement of this Stipulated Protective Order. 22 23 Date: 24 City and State where sworn and signed: 25 26 Printed name: 27