Fischler Kapel Holdings, LLC v. Flavor Producers, LLC

Opinion

Case 2)119-cv-10309-FWS-GJS Document 117 Filed 08/24/22 Page1of17 Page ID #:2260

] 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 I IrCetal. RAPED HOLDINGS» Case No. 2:19-CV-10309-FWS-GJS 12 Plaintiff, 3 y. ORDER ED PROTECTIVE

14 FLAVOR PRODUCERS, LLC, et al., 15 Defendant. 16 17 l. A. PURPOSES AND LIMITATIONS 8 Discovery in this action is likely to involve production of confidential, proprietary or private information for which special protection from public ° disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends

26 27 4g || | This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Gail J. Standish’s Procedures.

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1 || only to the limited information or items that are entitled to confidential treatment 2 |} under the applicable legal principles. 3 B. GOOD CAUSE STATEMENT 4 This action is likely to involve trade secrets, customer and pricing lists and 5 || other valuable research, development, commercial, financial, technical and/or 6 || proprietary information for which special protection from public disclosure and 7 || from use for any purpose other than prosecution of this action is warranted. Such 8 || confidential and proprietary materials and information consist of, among other 9 || things, confidential business or financial information, information regarding 10 || confidential business practices, or other confidential research, development, or 11 || commercial information (including information implicating privacy rights of third 12 || parties), information otherwise generally unavailable to the public, or which may be 13 || privileged or otherwise protected from disclosure under state or federal statutes, 14 || court rules, case decisions, or common law. Accordingly, to expedite the flow of 15 || information, to facilitate the prompt resolution of disputes over confidentiality of 16 || discovery materials, to adequately protect information the parties are entitled to keep 17 || confidential, to ensure that the parties are permitted reasonable necessary uses of 18 || such material in preparation for and in the conduct of trial, to address their handling 19 || at the end of the litigation, and serve the ends of justice, a protective order for such 20 || information is justified in this matter. It is the intent of the parties that information 21 || will not be designated as confidential for tactical reasons and that nothing be so 22 || designated without a good faith belief that it has been maintained in a confidential, 23 || non-public manner, and there is good cause why it should not be part of the public 24 || record of this case. 25 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 26 The parties further acknowledge, as set forth in Section 12.3, below, that this 27 || Stipulated Protective Order does not entitle them to file confidential information 28 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

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1 || and the standards that will be applied when a party seeks permission from the court 2 || to file material under seal. 3 There is a strong presumption that the public has a right of access to judicial 4 || proceedings and records in civil cases. In connection with non-dispositive motions, 5 || good cause must be shown to support a filing under seal. See Kamakana v. City and 6 || County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 7 || Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 8 || Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 9 |} require good cause showing), and a specific showing of good cause or compelling 10 || reasons with proper evidentiary support and legal justification, must be made with 11 || respect to Protected Material that a party seeks to file under seal. The parties’ mere 12 || designation of Disclosure or Discovery Material as CONFIDENTIAL or “HIGHLY 13 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY” does not—without the 14 || submission of competent evidence by declaration, establishing that the material 15 || sought to be filed under seal qualifies as confidential, privileged, or otherwise 16 || protectable—constitute good cause. 17 Further, if a party requests sealing related to a dispositive motion or trial, then 18 || compelling reasons, not only good cause, for the sealing must be shown, and the 19 || relief sought shall be narrowly tailored to serve the specific interest to be protected. 20 || See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 21 || each item or type of information, document, or thing sought to be filed or introduced 22 || under seal in connection with a dispositive motion or trial, the party seeking 23 || protection must articulate compelling reasons, supported by specific facts and legal 24 || justification, for the requested sealing order. Again, competent evidence supporting 25 || the application to file documents under seal must be provided by declaration. 26 Any document that is not confidential, privileged, or otherwise protectable in 27 || its entirety will not be filed under seal if the confidential portions can be redacted. 28 || If documents can be redacted, then a redacted version for public viewing, omitting

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1 || only the confidential, privileged, or otherwise protectable portions of the document, 2 || shall be filed. Any application that seeks to file documents under seal in their 3 || entirety should include an explanation of why redaction is not feasible. 4 || 2. DEFINITIONS 5 2.1 Action: Fischler Kapel Holdings, LLC, et al. v. Flavor Producers, LLC, 6 || et al., Case Number 2:19-CV-10309-FWS-GJS. 7 2.2 Challenging Party: a Party or Non-Party that challenges the 8 || designation of information or items under this Order. 9 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 10 || how it is generated, stored or maintained) or tangible things that qualify for 11 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in 12 || the Good Cause Statement. 13 24 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” 14 || Information or Items: information (regardless of how it is generated, stored or 15 || maintained) or tangible things which the disclosing party or non-party considers in 16 || good faith to contain information involving highly sensitive trade secrets or 17 || confidential business or financial information, the disclosure of which would result 18 || in the disclosure of trade secrets or other highly sensitive research, development, 19 || production, personnel, commercial, market, financial, or business information, the 20 || disclosure of which the disclosing Party reasonably believes could cause harm to the 21 || business operations of the disclosing Party or provide improper business or 22 || commercial advantage to others. 23 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 24 || their support staff). 25 2.6 Designating Party: a Party or Non-Party that designates information or 26 || items that it produces in disclosures or in responses to discovery as 27 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 28 || ONLY.”

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l 2.7. Disclosure or Discovery Material: all items or information, regardless 2 || of the medium or manner in which it is generated, stored, or maintained (including, 3 || among other things, testimony, transcripts, and tangible things), that are produced or 4 || generated in disclosures or responses to discovery in this matter. 5 2.8 Expert: a person with specialized knowledge or experience in a matter 6 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 || an expert witness or as a consultant in this Action. 8 2.9 House Counsel: attorneys who are employees of a party to this Action. 9 || House Counsel does not include Outside Counsel of Record or any other outside 10 || counsel. 1] 2.10 Non-Party: any natural person, partnership, corporation, association or 12 || other legal entity not named as a Party to this action. 13 2.11 Outside Counsel of Record: attorneys who are not employees of a 14 || party to this Action but are retained to represent or advise a party to this Action and 15 || have appeared in this Action on behalf of that party or are affiliated with a law firm 16 || that has appeared on behalf of that party, and includes support staff. 17 2.12 Party: any party to this Action, including all of its officers, directors, 18 || employees, consultants, retained experts, and Outside Counsel of Record (and their 19 || support staffs). 20 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 21 || Discovery Material in this Action. 22 2.14 Professional Vendors: persons or entities that provide litigation 23 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 || and their employees and subcontractors. 26 2.15 Protected Material: any Disclosure or Discovery Material that is 27 || designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — 28 || ATTORNEYS’ EYES ONLY.”

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l 2.16 Receiving Party: a Party that receives Disclosure or Discovery 2 || Material from a Producing Party. 3 || 3. SCOPE 7 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or ‘ extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 compilations of Protected Material; and (3) any testimony, conversations, or 8 presentations by Parties or their Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial shall be governed by the orders of the 10 trial judge. This Order does not govern the use of Protected Material at trial. 4. DURATION ID FINAL DISPOSITION of the action is defined as the conclusion of any appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 14 has run. Except as set forth below, the terms of this protective order apply through i FINAL DISPOSITION of the action. The parties may stipulate that they will be 6 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 7 but will have to file a separate action for enforcement of the agreement once all ig proceedings in this case are complete. 19 Once a case proceeds to trial, information that was designated as 50 CONFIDENTIAL or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 5 ONLY” or maintained pursuant to this protective order used or introduced as an 59 exhibit at trial becomes public and will be presumptively available to all members of 3 the public, including the press, unless compelling reasons supported by specific oA factual findings to proceed otherwise are made to the trial judge in advance of the

35 trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for 26 sealing documents produced in discovery from “compelling reasons” standard when

7 merits-related documents are part of court record). Accordingly, for such materials, 28 the terms of this protective order do not extend beyond the commencement of the

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1 || trial. 2 || 5. DESIGNATING PROTECTED MATERIAL 3 5.1 Exercise of Restraint and Care in Designating Material for Protection. 4 || Each Party or Non-Party that designates information or items for protection under 5 || this Order must take care to limit any such designation to specific material that 6 || qualifies under the appropriate standards. The Designating Party must designate for 7 || protection only those parts of material, documents, items or oral or written 8 || communications that qualify so that other portions of the material, documents, items 9 || or communications for which protection is not warranted are not swept unjustifiably 10 || within the ambit of this Order. 1] Mass, indiscriminate or routinized designations are prohibited. Designations 12 || that are shown to be clearly unjustified or that have been made for an improper 13 || purpose (e.g., to unnecessarily encumber the case development process or to impose 14 || unnecessary expenses and burdens on other parties) may expose the Designating 15 || Party to sanctions. 16 If it comes to a Designating Party’s attention that information or items that it 17 || designated for protection do not qualify for protection, that Designating Party must 18 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 19 5.2 Manner and Timing of Designations. Except as otherwise provided in 20 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 21 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 22 |} under this Order must be clearly so designated before the material is disclosed or 23 || produced. 24 Designation in conformity with this Order requires: 25 (a) for information in documentary form (e.g., paper or electronic 26 || documents, but excluding transcripts of depositions or other pretrial or trial 27 || proceedings), that the Producing Party affix at a minimum, the legend 28 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES

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1 || ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains 2 || protected material. If only a portion of the material on a page qualifies for 3 || protection, the Producing Party also must clearly identify the protected portion(s) 4 || (e.g., by making appropriate markings in the margins). 5 A Party or Non-Party that makes original documents available for inspection 6 || need not designate them for protection until after the inspecting Party has indicated 7 || which documents it would like copied and produced. During the inspection and 8 || before the designation, all of the material made available for inspection shall be 9 || deemed “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” After the 10 || inspecting Party has identified the documents it wants copied and produced, the 11 || Producing Party must determine which documents, or portions thereof, qualify for 12 || protection under this Order. Then, before producing the specified documents, the 13 || Producing Party must affix the “CONFIDENTIAL legend” to each page that 14 || contains Protected Material. If only a portion of the material on a page qualifies for 15 || protection, the Producing Party also must clearly identify the protected portion(s) 16 || (e.g., by making appropriate markings in the margins). 17 (b) for testimony given in depositions that the Designating Party identifies 18 || the Disclosure or Discovery Material on the record, before the close of the 19 || deposition all protected testimony. 20 (c) for information produced in some form other than documentary and 21 || for any other tangible items, that the Producing Party affix in a prominent place on 22 || the exterior of the container or containers in which the information is stored the 23 || “CONFIDENTIAL legend.” If only a portion or portions of the information 24 || warrants protection, the Producing Party, to the extent practicable, shall identify the 25 || protected portion(s). 26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 27 || failure to designate qualified information or items does not, standing alone, waive 28 || the Designating Party’s right to secure protection under this Order for such material.

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1 || Upon timely correction of a designation, the Receiving Party must make reasonable 2 || efforts to assure that the material is treated in accordance with the provisions of this 3 || Order. 4 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 6 || designation of confidentiality at any time that is consistent with the Court’s 7 || Scheduling Order. 8 6.2 Meet □□□ Confer. The Challenging Party shall initiate the dispute 9 || resolution process under Local Rule 37.1 et seq. 10 6.3 The burden of persuasion in any such challenge proceeding shall be on 11 || the Designating Party. Frivolous challenges, and those made for an improper 12 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 13 || parties) may expose the Challenging Party to sanctions. Unless the Designating 14 || Party has waived or withdrawn the confidentiality designation, all parties shall 15 || continue to afford the material in question the level of protection to which it is 16 || entitled under the Producing Party’s designation until the Court rules on the 17 || challenge. 18 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL 19 7.1 Basic Principles. A Receiving Party may use Protected Material that is 20 || disclosed or produced by another Party or by a Non-Party in connection with this 21 || Action only for prosecuting, defending or attempting to settle this Action. Such 22 || Protected Material may be disclosed only to the categories of persons and under the 23 || conditions described in this Order. When the Action has been terminated, a 24 || Receiving Party must comply with the provisions of section 13 below (FINAL 25 || DISPOSITION). 26 Protected Material must be stored and maintained by a Receiving Party at a 27 || location and in a secure manner that ensures that access is limited to the persons 28 || authorized under this Order.

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l 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 2 || otherwise ordered by the court or permitted in writing by the Designating Party, a 3 || Receiving Party may disclose any information or item designated 4 || “CONFIDENTIAL?” only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 6 || well as employees of said Outside Counsel of Record to whom it is reasonably 7 || necessary to disclose the information for this Action; 8 (b) the officers, directors, and employees (including House Counsel) of 9 || the Receiving Party to whom disclosure is reasonably necessary for this Action; 10 (c) Experts (as defined in this Order) of the Receiving Party to whom 11 || disclosure is reasonably necessary for this Action and who have signed the 12 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (d) the court and its personnel; 14 (e) court reporters and their staff; 15 (f) professional jury or trial consultants, mock jurors, and Professional 16 || Vendors to whom disclosure is reasonably necessary for this Action and who have 17 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (g) the author or recipient of a document containing the information or a 19 || custodian or other person who otherwise possessed or knew the information; 20 (h) during their depositions, witnesses, and attorneys for witnesses, in the 21 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party 22 || requests that the witness sign the form attached as Exhibit | hereto; and (2) they will 23 || not be permitted to keep any confidential information unless they sign the 24 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 25 || agreed by the Designating Party or ordered by the court. Pages of transcribed 26 || deposition testimony or exhibits to depositions that reveal Protected Material may 27 || be separately bound by the court reporter and may not be disclosed to anyone except 28 || as permitted under this Stipulated Protective Order; and 10

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l (i) any mediator or settlement officer, and their supporting personnel, 2 || mutually agreed upon by any of the parties engaged in settlement discussions. 3 7.3 Disclosure of “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 4 || ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 5 || writing by the Designating Party, a Receiving Party may disclose any information or 6 || item designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” only 7 to: 8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 9 || well as employees of said Outside Counsel of Record to whom it is reasonably 10 || necessary to disclose the information for this Action; 1] (b) the House Counsel of the Receiving Party to whom disclosure is 12 || reasonably necessary for this Action; 13 (c) Experts (as defined in this Order) of the Receiving Party to whom 14 || disclosure is reasonably necessary for this Action and who have signed the 15 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (d) the court and its personnel; 17 (e) court reporters and their staff; 18 (f) professional jury or trial consultants, mock jurors, and Professional 19 || Vendors to whom disclosure is reasonably necessary for this Action and who have 20 |} signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (g) the author or recipient of a document containing the information or a 22 || custodian or other person who otherwise possessed or knew the information; 23 (h) during their depositions, witnesses, and attorneys for witnesses, in the 24 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party 25 || requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 26 || not be permitted to keep any confidential information unless they sign the 27 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 28 || agreed by the Designating Party or ordered by the court. Pages of transcribed 1]

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1 || deposition testimony or exhibits to depositions that reveal Protected Material may 2 || be separately bound by the court reporter and may not be disclosed to anyone except 3 || as permitted under this Stipulated Protective Order; and 4 (1) any mediator or settlement officer, and their supporting personnel, 5 || mutually agreed upon by any of the parties engaged in settlement discussions. 6 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 7 IN OTHER LITIGATION 8 If a Party is served with a subpoena or a court order issued in other litigation 9 || that compels disclosure of any information or items designated in this Action as 10 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 11 || ONLY,” that Party must: 12 (a) promptly notify in writing the Designating Party. Such notification 13 || shall include a copy of the subpoena or court order; 14 (b) promptly notify in writing the party who caused the subpoena or order 15 || to issue in the other litigation that some or all of the material covered by the 16 || subpoena or order is subject to this Protective Order. Such notification shall include 17 || acopy of this Stipulated Protective Order; and 18 (c) cooperate with respect to all reasonable procedures sought to be 19 || pursued by the Designating Party whose Protected Material may be affected. 20 If the Designating Party timely seeks a protective order, the Party served with 21 || the subpoena or court order shall not produce any information designated in this 22 || action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ 23 || EYES ONLY,” before a determination by the court from which the subpoena or 24 || order issued, unless the Party has obtained the Designating Party’s permission. The 25 || Designating Party shall bear the burden and expense of seeking protection in that 26 || court of its confidential material and nothing in these provisions should be construed 27 || as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 28 || directive from another court. 12

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

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

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

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1 || 14. VIOLATION 2 || Any violation of this Order may be punished by appropriate measures including, 3 || without limitation, contempt proceedings and/or monetary sanctions. 5 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 || DATED: August 23, 2022 9 || BOWLES & JOHNSON PLLC 10 Lf 11 || By: 2 David K. Bowles) Attorneys for Plaintiffs 13 14 || DATED: August 23, 2022 15 16 || DUANE MORRIS LLP 17 18 || By: C Cyndie M. 19 ditorneys efendants 20 21 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 23 DATED: August 24, 2022 24 25 76 || HON\GAIL J. STANDISH United States Magistrate Judge 27 28 16

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l EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 || I, [print or type full name], of 5 [print or type full address], declare under penalty of perjury 6 || that I have read in its entirety and understand the Stipulated Protective Order that 7 || was issued by the United States District Court for the Central District of California 8 || on [date] in the case of Fischler Kapel Holdings, LLC, et al. v. Flavor Producers, 9 || LLC, et al., Case Number 2:19-CV-10309-FWS-GJS. I agree to comply with and to 10 || be bound by all the terms of this Stipulated Protective Order and I understand and 11 || acknowledge that failure to so comply could expose me to sanctions and punishment 12 || in the nature of contempt. I solemnly promise that I will not disclose in any manner 13 || any information or item that is subject to this Stipulated Protective Order to any 14 || person or entity except in strict compliance with the provisions of this Order. 15 || I further agree to submit to the jurisdiction of the United States District Court for the 16 || Central District of California for enforcing the terms of this Stipulated Protective 17 || Order, even if such enforcement proceedings occur after termination of this action. 18 || [hereby appoint [print or type full name] of 19 [print or type full address and 20 || telephone number] as my California agent for service of process in connection with 21 || this action or any proceedings related to enforcement of this Stipulated Protective 22 || Order. 23 || Date: 24 || City and State where sworn and signed: °° Printed name: 26 27 || Signature: 28 17