Design Collection, Inc. v. Zoetop Business Co., Ltd.

• Court: District Court, C.D. California
• Decided: January 26, 2023
• Docket: 2:22-cv-05166
• Status: Unknown

Opinion

□□□□□□□□□□□□□□□□□□□□□□□□□ Document 28 Filed 01/26/23 Page 1ofi7 Page ID #:138 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Design Collection, INC., a California Case No.: 2:22-cv-05166-PA-JEM 11 corporation, STIPULATED PROTECTIVE 12 1 Plaintiff, ORDER 13 VS. 14 ZOETOP BUSINESS CoO., LTD., 5 individually and doing business as “SHEIN”, a Hong Kong private 16 limited company; SHEIN 7 DISTRIBUTION CORP., a Delaware corporation; and DOES 1-10, 18 19 Defendants. 20 21 22 23 24 25 26 27 28

Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 2 of 17 Page ID #:139

1 1. A. PURPOSES AND LIMITATIONS 2 As the parties have represented that discovery in this action is likely to 3 involve production of confidential, proprietary, or private information for which 4 special protection from public disclosure and from use for any purpose other than 5 prosecuting this litigation may be warranted, this Court enters the following 6 Protective Order. This Order does not confer blanket protections on all disclosures 7 or responses to discovery. The protection it affords from public disclosure and use 8 extends only to the limited information or items that are entitled to confidential 9 treatment under the applicable legal principles. 10 B. GOOD CAUSE STATEMENT 11 This action is likely to involve customer and pricing lists and valuable 12 development, commercial, financial, and/or proprietary information for which 13 special protection from public disclosure and from use for any purpose other than 14 prosecution of this action is warranted. Such confidential and proprietary materials 15 and information consist of, among other things, confidential business and financial 16 information, information regarding confidential business practices, other 17 confidential development and commercial information (including information 18 implicating privacy rights of third parties), and information otherwise generally 19 unavailable to the public or which may be protected from disclosure under state or 20 federal statutes, court rules, case decisions, or common law. Accordingly, to 21 expedite the flow of information, to facilitate the prompt resolution of disputes over 22 confidentiality of discovery materials, to adequately protect information the parties 23 are entitled to keep confidential, to ensure that the parties are permitted reasonable 24 necessary uses of such material in preparation for and in the conduct of trial, to 25 address their handling at the end of the litigation, and serve the ends of justice, a 26 protective order for such information is justified in this matter. It is the intent of the 27 parties that information will not be designated as confidential for tactical reasons 28 and that nothing be so designated without a good faith belief that it has been 2 Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 3 of 17 Page ID #:140

1 maintained in a confidential, non-public manner, and there is good cause why it 2 should not be part of the public record of this case. 3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 4 The parties further acknowledge, as set forth in Section 12.3, below, that this 5 Stipulated Protective Order does not entitle them to file confidential information 6 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 7 and the standards that will be applied when a party seeks permission from the court 8 to file material under seal. 9 There is a strong presumption that the public has a right of access to judicial 10 proceedings and records in civil cases. In connection with non-dispositive motions, 11 good cause must be shown to support a filing under seal. See Kamakana v. City and 12 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors 13 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, 14 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 15 require good cause showing), and a specific showing of good cause or compelling 16 reasons with proper evidentiary support and legal justification, must be made with 17 respect to Protected Material that a party seeks to file under seal. The parties’ mere 18 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 19 without the submission of competent evidence by declaration, establishing that the 20 material sought to be filed under seal qualifies as confidential, privileged, or 21 otherwise protectable—constitute good cause. 22 Further, if a party requests sealing related to a dispositive motion or trial, then 23 compelling reasons, not only good cause, for the sealing must be shown, and the 24 relief sought shall be narrowly tailored to serve the specific interest to be protected. 25 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 26 each item or type of information, document, or thing sought to be filed or introduced 27 under seal in connection with a dispositive motion or trial, the party seeking 28 protection must articulate compelling reasons, supported by specific facts and legal 3 Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 4 of 17 Page ID #:141

1 justification, for the requested sealing order. Again, competent evidence supporting 2 the application to file documents under seal must be provided by declaration. 3 Any document that is not confidential, privileged, or otherwise protectable in 4 its entirety will not be filed under seal if the confidential portions can be redacted. 5 If documents can be redacted, then a redacted version for public viewing, omitting 6 only the confidential, privileged, or otherwise protectable portions of the document 7 shall be filed. Any application that seeks to file documents under seal in their 8 entirety should include an explanation of why redaction is not feasible 9 2. DEFINITIONS 10 2.1 Action: This pending federal lawsuit. 11 2.2 Challenging Party: a Party or Non-Party that challenges the 12 designation of information or items under this Order. 13 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 14 how it is generated, stored or maintained) or tangible things that qualify for 15 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 16 the Good Cause Statement. 17 2.4 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” 18 Information or Items: extremely sensitive “CONFIDENTIAL” Information or 19 Items, the disclosure of which to another Party or Non-Party would create a 20 substantial risk of serious harm that could not be avoided by less restrictive means. 21 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 22 their support staff). 23 2.6 Designating Party: a Party or Non-Party that designates information or 24 items that it produces in disclosures or in responses to discovery as 25 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 26 ONLY.” 27 2.7 Disclosure or Discovery Material: all items or information, regardless 28 of the medium or manner in which it is generated, stored, or maintained (including, 4 Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 5 of 17 Page ID #:142

1 among other things, testimony, transcripts, and tangible things), that are produced or 2 generated in disclosures or responses to discovery in this matter. 3 2.8 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as 5 an expert witness or as a consultant in this Action. 6 2.9 House Counsel: attorneys who are employees of a party to this Action. 7 House Counsel does not include Outside Counsel of Record or any other outside 8 counsel. 9 2.10 Non-Party: any natural person, partnership, corporation, association, or 10 other legal entity not named as a Party to this action. 11 2.11 Outside Counsel of Record: attorneys who are not employees of a 12 party to this Action but are retained to represent or advise a party to this Action and 13 have appeared in this Action on behalf of that party or are affiliated with a law firm 14 which has appeared on behalf of that party, and includes support staff. 15 2.12 Party: any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 2.14 Professional Vendors: persons or entities that provide litigation 21 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 2.15 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- 26 ATTORNEYS’ EYES ONLY.” 27 2.16 Receiving Party: a Party that receives Disclosure or Discovery 28 Material from a Producing Party. 5 Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 6 of 17 Page ID #:143

1 3. SCOPE 2 The protections conferred by this Order cover not only Protected Material (as 3 defined above), but also (1) any information copied or extracted from Protected 4 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 5 and (3) any deposition testimony, conversations, or presentations by Parties or their 6 Counsel that might reveal Protected Material, other than during a court hearing or at 7 trial. 8 Any use of Protected Material during a court hearing or at trial shall be 9 governed by the orders of the presiding judge. This Order does not govern the use 10 of Protected Material during a court hearing or at trial. 11 4. DURATION 12 Even after final disposition of this litigation, the confidentiality obligations 13 imposed by this Order shall remain in effect until a Designating Party agrees 14 otherwise in writing or a court order otherwise directs. Final disposition shall be 15 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 16 or without prejudice; and (2) final judgment herein after the completion and 17 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 18 including the time limits for filing any motions or applications for extension of time 19 pursuant to applicable law. 20 5. DESIGNATING PROTECTED MATERIAL 21 5.1 Exercise of Restraint and Care in Designating Material for Protection. 22 Each Party or Non-Party that designates information or items for protection under 23 this Order must take care to limit any such designation to specific material that 24 qualifies under the appropriate standards. The Designating Party must designate for 25 protection only those parts of material, documents, items, or oral or written 26 communications that qualify so that other portions of the material, documents, 27 items, or communications for which protection is not warranted are not swept 28 unjustifiably within the ambit of this Order. 6 Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 7 of 17 Page ID #:144

1 Mass, indiscriminate, or routinized designations are prohibited. Designations 2 that are shown to be clearly unjustified or that have been made for an improper 3 purpose (e.g., to unnecessarily encumber the case development process or to impose 4 unnecessary expenses and burdens on other parties) may expose the Designating 5 Party to sanctions. 6 If it comes to a Designating Party’s attention that information or items that it 7 designated for protection do not qualify for protection, that Designating Party must 8 promptly notify all other Parties that it is withdrawing the inapplicable designation. 9 5.2 Manner and Timing of Designations. Except as otherwise provided in 10 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise 11 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 12 under this Order must be clearly so designated before the material is disclosed or 13 produced. 14 Designation in conformity with this Order requires: 15 (a) for information in documentary form (e.g., paper or electronic 16 documents, but excluding transcripts of depositions), that the Producing Party affix 17 at a minimum, the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- 18 ATTORNEYS’ EYES ONLY” to each page that contains protected material. If 19 only a portion or portions of the material on a page qualifies for protection, the 20 Producing Party also must clearly identify the protected portion(s) (e.g., by making 21 appropriate markings in the margins). 22 A Party or Non-Party that makes original documents available for inspection 23 need not designate them for protection until after the inspecting Party has indicated 24 which documents it would like copied and produced. During the inspection and 25 before the designation, all of the material made available for inspection shall be 26 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 27 documents it wants copied and produced, the Producing Party must determine which 28 documents, or portions thereof, qualify for protection under this Order. Then, 7 Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 8 of 17 Page ID #:145

1 before producing the specified documents, the Producing Party must affix the 2 “CONFIDENTIAL”, or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 3 ONLY” legend to each page that contains Protected Material. If only a portion or 4 portions of the material on a page qualifies for protection, the Producing Party also 5 must clearly identify the protected portion(s) (e.g., by making appropriate markings 6 in the margins). 7 (b) for testimony given in depositions that the Designating Party identifies 8 on the record, before the close of the deposition as protected testimony. 9 (c) for information produced in some form other than documentary and 10 for any other tangible items, that the Producing Party affix in a prominent place on 11 the exterior of the container or containers in which the information is stored the 12 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ 13 EYES ONLY.” If only a portion or portions of the information warrants protection, 14 the Producing Party, to the extent practicable, shall identify the protected portion(s). 15 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 16 failure to designate qualified information or items does not, standing alone, waive 17 the Designating Party’s right to secure protection under this Order for such material. 18 Upon timely correction of a designation, the Receiving Party must make reasonable 19 efforts to assure that the material is treated in accordance with the provisions of this 20 Order. 21 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 22 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 23 designation of confidentiality at any time that is consistent with the Court’s 24 Scheduling Order. 25 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 26 resolution process under Local Rule 37-1 et seq. 27 6.3 The burden of persuasion in any such challenge proceeding shall be on 28 the Designating Party. Frivolous challenges, and those made for an improper 8 Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 9 of 17 Page ID #:146

1 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 2 parties) may expose the Challenging Party to sanctions. Unless the Designating 3 Party has waived or withdrawn the confidentiality designation, all parties shall 4 continue to afford the material in question the level of protection to which it is 5 entitled under the Producing Party’s designation until the Court rules on the 6 challenge. 7 7. ACCESS TO AND USE OF PROTECTED MATERIAL 8 7.1 Basic Principles. A Receiving Party may use Protected Material that is 9 disclosed or produced by another Party or by a Non-Party in connection with this 10 Action only for prosecuting, defending, or attempting to settle this Action. Such 11 Protected Material may be disclosed only to the categories of persons and under the 12 conditions described in this Order. When the Action has been terminated, a 13 Receiving Party must comply with the provisions of Section 13 below. 14 Protected Material must be stored and maintained by a Receiving Party at a 15 location and in a secure manner that ensures that access is limited to the persons 16 authorized under this Order. 17 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 18 otherwise ordered by the court or permitted in writing by the Designating Party, a 19 Receiving Party may disclose any information or item designated 20 “CONFIDENTIAL” only to: 21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 22 well as employees of said Outside Counsel of Record to whom it is reasonably 23 necessary to disclose the information for this Action; 24 (b) the officers, directors, and employees (including House Counsel) of 25 the Receiving Party to whom disclosure is reasonably necessary for this Action; 26 (c) Experts (as defined in this Order) of the Receiving Party to whom 27 disclosure is reasonably necessary for this Action and who have signed the 28 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 10 of 17 Page ID #:147

1 (d) the court and its personnel; 2 (e) court reporters and their staff; 3 (f) professional jury or trial consultants, mock jurors, and Professional 4 Vendors to whom disclosure is reasonably necessary for this Action and who have 5 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (g) the author or recipient of a document containing the information or a 7 custodian or other person who otherwise possessed or knew the information; 8 (h) during their depositions, witnesses, and attorneys for witnesses, in the 9 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 10 requests that the witness sign the “Acknowledgment and Agreement to Be Bound” 11 (Exhibit A); and (2) they will not be permitted to keep any confidential information 12 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 13 unless otherwise agreed by the Designating Party or ordered by the court. Pages of 14 transcribed deposition testimony or exhibits to depositions that reveal Protected 15 Material may be separately bound by the court reporter and may not be disclosed to 16 anyone except as permitted under this Protective Order; and 17 (i) any mediator or settlement officer, and their supporting personnel, 18 mutually agreed upon by any of the parties engaged in settlement discussions. 19 7.3 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 20 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 21 writing by the Designating Party, a Receiving Party may disclose any information or 22 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only 23 to: 24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 25 as employees of said Outside Counsel of Record to whom it is reasonably necessary 26 to disclose the information for this Action; 27 (b) Experts (as defined in this Order) of the Receiving Party to whom 28 disclosure is reasonably necessary for this Action and who have signed the 10 Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 11 of 17 Page ID #:148

1 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2 (c) the court and its personnel; 3 (d) court reporters and their staff; 4 (e) professional jury or trial consultants, mock jurors, and Professional 5 Vendors to whom disclosure is reasonably necessary for this Action and who have 6 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 (f) the author or recipient of a document containing the information or a 8 custodian or other person who otherwise possessed or knew the information, or a 9 deponent or deponents testifying on a Party or Parties’ behalf under Rule 30(b)(6); 10 (g) during their depositions, witnesses, and attorneys for witnesses, in the 11 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 12 requests that the witness sign the “Acknowledgment and Agreement to Be Bound” 13 (Exhibit A); and (2) they will not be permitted to keep any Protected Material unless 14 they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 15 otherwise agreed by the Designating Party or ordered by the court. Pages of 16 transcribed deposition testimony or exhibits to depositions that reveal Protected 17 Material may be separately bound by the court reporter and may not be disclosed to 18 anyone except as permitted under this Protective Order; and 19 (h) any mediator or settlement officer, and their supporting personnel, 20 mutually agreed upon by any of the parties engaged in settlement discussions. 21 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 22 PRODUCED IN OTHER LITIGATION 23 If a Party is served with a subpoena or a court order issued in other litigation 24 that compels disclosure of any information or items designated in this Action as 25 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 26 ONLY,” that Party must: 27 (a) promptly notify in writing the Designating Party. Such notification 28 shall include a copy of the subpoena or court order unless prohibited by law; 11 Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 12 of 17 Page ID #:149

1 (b) promptly notify in writing the party who caused the subpoena or order 2 to issue in the other litigation that some or all of the material covered by the 3 subpoena or order is subject to this Protective Order. Such notification shall include 4 a copy of this Protective Order; and 5 (c) cooperate with respect to all reasonable procedures sought to be 6 pursued by the Designating Party whose Protected Material may be affected. 7 If the Designating Party timely seeks a protective order, the Party served with 8 the subpoena or court order shall not produce any information designated in this 9 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ 10 EYES ONLY” before a determination by the court from which the subpoena or 11 order issued, unless the Party has obtained the Designating Party’s permission, or 12 unless otherwise required by the law or court order. The Designating Party shall 13 bear the burden and expense of seeking protection in that court of its confidential 14 material and nothing in these provisions should be construed as authorizing or 15 encouraging a Receiving Party in this Action to disobey a lawful directive from 16 another court. 17 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 18 PRODUCED IN THIS LITIGATION 19 (a) The terms of this Order are applicable to information produced by a 20 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 21 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information produced by 22 Non-Parties in connection with this litigation is protected by the remedies and relief 23 provided by this Order. Nothing in these provisions should be construed as 24 prohibiting a Non-Party from seeking additional protections. 25 (b) In the event that a Party is required, by a valid discovery request, to 26 produce a Non-Party’s confidential information in its possession, and the Party is 27 subject to an agreement with the Non-Party not to produce the Non-Party’s 28 confidential information, then the Party shall: 12 Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 13 of 17 Page ID #:150

1 (1) promptly notify in writing the Requesting Party and the Non-Party 2 that some or all of the information requested is subject to a confidentiality 3 agreement with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Protective 5 Order in this Action, the relevant discovery request(s), and a reasonably specific 6 description of the information requested; and 7 (3) make the information requested available for inspection by the 8 Non-Party, if requested. 9 (c) If a Non-Party fails to seek a protective order from this court within 14 10 days of receiving the notice and accompanying information, the Receiving Party 11 may produce the Non-Party’s confidential information responsive to the discovery 12 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 13 not produce any information in its possession or control that is subject to the 14 confidentiality agreement with the Non-Party before a determination by the court 15 unless otherwise required by the law or court order. Absent a court order to the 16 contrary, the Non-Party shall bear the burden and expense of seeking protection in 17 this court of its Protected Material. 18 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 20 Protected Material to any person or in any circumstance not authorized under this 21 Protective Order, the Receiving Party must immediately (a) notify in writing the 22 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 23 all unauthorized copies of the Protected Material, (c) inform the person or persons to 24 whom unauthorized disclosures were made of all the terms of this Order, and 25 (d) request such person or persons to execute the “Acknowledgment and Agreement 26 to Be Bound” (Exhibit A). 27 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 28 OTHERWISE PROTECTED MATERIAL 13 Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 14 of 17 Page ID #:151

1 When a Producing Party gives notice to Receiving Parties that certain 2 inadvertently produced material is subject to a claim of privilege or other protection, 3 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 4 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 5 procedure may be established in an e-discovery order that provides for production 6 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 7 (e), insofar as the parties reach an agreement on the effect of disclosure of a 8 communication or information covered by the attorney-client privilege or work 9 product protection, the parties may incorporate their agreement into this Protective 10 Order. 11 12. MISCELLANEOUS 12 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 13 person to seek its modification by the Court in the future. 14 12.2 Right to Assert Other Objections. No Party waives any right it 15 otherwise would have to object to disclosing or producing any information or item 16 on any ground not addressed in this Protective Order. Similarly, no Party waives 17 any right to object on any ground to use in evidence of any of the material covered 18 by this Protective Order. 19 12.3 Filing Protected Material. A Party that seeks to file under seal any 20 Protected Material must comply with Civil Local Rule 79-5. Protected Material 21 may only be filed under seal pursuant to a court order authorizing the sealing of the 22 specific Protected Material at issue. If a Party’s request to file Protected Material 23 under seal is denied by the court, then the Receiving Party may file the information 24 in the public record unless otherwise instructed by the court. 25 13. FINAL DISPOSITION 26 After the final disposition of this Action, as defined in Section 4, within 60 27 days of a written request by the Designating Party, each Receiving Party must return 28 all Protected Material to the Producing Party or destroy such material. As used in 14 Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 15 of 17 Page ID #:152

1 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 2 summaries, and any other format reproducing or capturing any of the Protected 3 Material. Whether the Protected Material is returned or destroyed, the Receiving 4 Party must submit a written certification to the Producing Party (and, if not the same 5 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 6 (by category, where appropriate) all the Protected Material that was returned or 7 destroyed and (2) affirms that the Receiving Party has not retained any copies, 8 abstracts, compilations, summaries or any other format reproducing or capturing any 9 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 10 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 11 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 12 reports, attorney work product, and consultant and expert work product, even if such 13 materials contain Protected Material. Any such archival copies that contain or 14 constitute Protected Material remain subject to this Protective Order as set forth in 15 Section 4. 16 14. Any violation of this Order may be punished by appropriate measures 17 including, without limitation, contempt proceedings and/or monetary sanctions. 18 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 19 20 DATED: January 25, 2023 21 22 /s/ Kelsey M. Schultz 23 Attorneys for Plaintiff 24 25 DATED: January 25, 2023 26 27 /s/ Thomas P. Burke Jr. 28 Attorneys for Defendant 15 Case 2:22-cv-05166-PA-JEM Document 28 Filed 01/26/23 Page 16o0f17 Page ID #:153 2 The filer attests that all signatories listed, and on whose behalf this filing is 3 |) submitted, concur in this filing’s content and have authorized its filing. 5 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 6 || DATED: 1/26/2023 Spin E Wadena 9 United Staies Magistrate udge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16

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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 Protective Order that was issued 7 by the United States District Court for the Central District of California on 8 _________________________ in the case of Design Collection, Inc. v. Zoetop 9 Business Co., Ltd., et al., Case No. 2:22-cv-05166-PA-JEM. I agree to comply with 10 and to be bound by all the terms of this 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 Protective Order to any person or 14 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 16 for the Central District of California for the purpose of enforcing the terms of this 17 Protective Order, even if such enforcement proceedings occur after termination of 18 this action. I hereby appoint __________________________ [print or type full 19 name] of _______________________________________ [print or type full address 20 and telephone number] as my California agent for service of process in connection 21 with this action or any proceedings related to enforcement of this Protective Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 Printed name: _______________________________ 25 Signature: __________________________________ 26 27 28 17