Marty Linebarger v. Graphic Packaging International, LLC

• Court: District Court, C.D. California
• Decided: March 23, 2020
• Docket: 8:20-cv-00309
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 | MATTHEW MARKANSON, Case No.: 2:20-cv-00309-JFW-AFM Hon. Alexander F. MacKinnon Presiding 12 Plaintiff, 13 y [PROPOSED] ORDER ON 14 STIPULATED PROTECTIVE ORDER 15 || JASON BLAKE ROTRAMEL, et al. 16 4 Defendants. ISCOVERY MATTER

18 19 50 Pursuant to Fed.R.Civ.P. 26(c), the parties to this lawsuit, through undersigned 5 counsel, jointly submit this Stipulated Protective Order to govern the handling of

9 information and materials produced in the course of discovery or filed with the Court in

33 this action:

1. A. PURPOSES OF LIMITATIONS

35 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

37 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the

3 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

1 protections on all disclosures or responses to discovery and that the protection it affords 2 from public disclosure and use extends only to the limited information or items that are 3 entitled to confidential treatment under the applicable legal principles. 4 B. GOOD CAUSE STATEMENT 5 This action is likely to involve trade secrets, customer and pricing lists and other 6 valuable research, development, commercial, financial, technical and/or proprietary 7 information for which special protection from public disclosure and from use for any 8 purpose other than prosecution of this action is warranted. Such confidential and 9 proprietary materials and information consist of, among other things, confidential 10 business or financial information, information regarding confidential business practices, 11 or other confidential research, development, or commercial information (including 12 information implicating privacy rights of third parties), information otherwise generally 13 unavailable to the public, or which may be privileged or otherwise protected from 14 disclosure under state or federal statutes, court rules, case decisions, or common law. 15 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 16 disputes over confidentiality of discovery materials, to adequately protect information 17 the parties are entitled to keep confidential, to ensure that the parties are permitted 18 reasonable necessary uses of such material in preparation for and in the conduct of trial, 19 to address their handling at the end of the litigation, and serve the ends of justice, a 20 protective order for such information is justified in this matter. It is the intent of the 21 parties that information will not be Protected as confidential for tactical reasons and that 22 nothing be so Protected without a good faith belief that it has been maintained in a 23 confidential, non-public manner, and there is good cause why it should not be part of the 24 public 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 under 28 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 1 standards that will be applied when a party seeks permission from the court to file 2 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, Inc., 8 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 9 cause showing), and a specific showing of good cause or compelling reasons with 10 proper evidentiary support and legal justification, must be made with respect to 11 Protected Material that a party seeks to file under seal. The parties’ mere designation of 12 Disclosure or Discovery Material as CONFIDENTIAL does not—without the 13 submission of competent evidence by declaration, establishing that the material sought 14 to be filed under seal qualifies as confidential, privileged, or otherwise protectable— 15 constitute good cause. 16 Further, if a party requests sealing related to a dispositive motion or trial, then 17 compelling reasons, not only good cause, for the sealing must be shown, and the relief 18 sought shall be narrowly tailored to serve the specific interest to be protected. See 19 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 20 or type of information, document, or thing sought to be filed or introduced under seal in 21 connection with a dispositive motion or trial, the party seeking protection must 22 articulate compelling reasons, supported by specific facts and legal justification, for the 23 requested sealing order. Again, competent evidence supporting the application to file 24 documents under seal must be provided by declaration. 25 Any document that is not confidential, privileged, or otherwise protectable in its 26 entirety will not be filed under seal if the confidential portions can be redacted. If 27 documents can be redacted, then a redacted version for public viewing, omitting only the 28 confidential, privileged, or otherwise protectable portions of the document, shall be filed. 1 Any application that seeks to file documents under seal in their entirety should include 2 an explanation of why redaction is not feasible. 3 2. DEFINITIONS 4 2.1 Action: this pending federal lawsuit,Matthew Markanson v. Jason Rotramel 5 et al.; Case No. 2:20-cv-00309-JFW-AFM 6 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 7 information or items under this Order. 8 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 9 it is generated, stored or maintained) or tangible things that qualify for protection under 10 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 11 Statement. 12 2.4 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items: 13 extremely sensitive “CONFIDENTIAL” Information or Items, the disclosure of which to 14 another Party or Non-Party would create a substantial risk of serious harm that could not 15 be avoided by less restrictive means. 16 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 17 support staff). 18 2.6 Designating Party: a Party or Non-Party that designates information or items 19 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or 20 “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” 21 2.7 Disclosure or Discovery Material: all items or information, regardless of the 22 medium or manner in which it is generated, stored, or maintained (including, among other 23 things, testimony, transcripts, and tangible things), that are produced or generated in 24 disclosures or responses to discovery in this matter. 25 2.8 Expert: a person with specialized knowledge or experience in a matter 26 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 27 expert witness or as a consultant in this Action. 28 1 2.9 House Counsel: attorneys who are employees of a party to this Action. 2 House Counsel does not include Outside Counsel of Record or any other outside counsel. 3 2.10 Non-Party: any natural person, partnership, corporation, association, or 4 other legal entity not named as a Party to this action. 5 2.11 Outside Counsel of Record: attorneys who are not employees of a party to 6 this Action but are retained to represent or advise a party to this Action and have appeared 7 in this Action on behalf of that party or are affiliated with a law firm which has appeared 8 on behalf of that party, and includes support staff. 9 2.12 Party: any party to this Action, including all of its officers, directors, 10 employees, consultants, retained experts, and Outside Counsel of Record (and their 11 support staffs). 12 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 13 Discovery Material in this Action. 14 2.14 Professional Vendors: persons or entities that provide litigation support 15 services (e.g., photocopying, videotaping, translating, preparing exhibits or 16 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 17 their employees and subcontractors. 18 2.15 Protected Material: any Disclosure or Discovery Material that is Protected 19 as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 20 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 21 from a Producing Party. 22 3. SCOPE 23 The protections conferred by this Stipulation and Order cover not only Protected 24 Material (as defined above), but also (1) any information copied or extracted from 25 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 26 Material; and (3) any testimony, conversations, or presentations by Parties or their 27 Counsel that might reveal Protected Material. 28 1 Any use of Protected Material at trial shall be governed by the orders of the trial 2 judge. This Order does not govern the use of Protected Material at trial. 3 4. DURATION 4 FINAL DISPOSITION of the action is defined as the conclusion of any appellate 5 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run. 6 Except as set forth below, the terms of this protective order apply through FINAL 7 DISPOSITION of the action. The parties may stipulate that the they will be contractually 8 bound by the terms of this agreement beyond FINAL DISPOSITION, but will have to 9 file a separate action for enforcement of the agreement once all proceedings in this case 10 are complete. 11 Once a case proceeds to trial, information that was designated as 12 “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or 13 maintained pursuant to this protective order used or introduced as an exhibit at trial 14 becomes public and will be presumptively available to all members of the public, 15 including the press, unless compelling reasons supported by specific factual findings to 16 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 17 F.3d at 1180-81 (distinguishing “good cause” showing for sealing documents produced 18 indiscovery from “compelling reasons” standard when merits-related documents are part 19 of court record). Accordingly, for such materials, the terms of this protective order do not 20 extend beyond the commencement of the trial. 21 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 23 Party or Non-Party that designates information or items for protection under this Order 24 must take care to limit any such designation to specific material that qualifies under the 25 appropriate standards. The Designating Party must designate for protection only those 26 parts of material, documents, items, or oral or written communications that qualify so 27 that other portions of the material, documents, items, or communications for which 28 protection is not warranted are not swept unjustifiably within the ambit of this Order. 1 Mass, indiscriminate, or routinized designations are prohibited. Designations that 2 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 3 to unnecessarily encumber the case development process or to impose unnecessary 4 expenses and burdens on other parties) may expose the Designating Party to sanctions. 5 If it comes to a Designating Party’s attention that information or items that it 6 Protected for protection do not qualify for protection, that Designating Party must 7 promptly notify all other Parties that it is withdrawing the inapplicable designation. 8 5.2 Manner and Timing of Designations. Except as otherwise provided in this 9 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 10 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 11 must be clearly so Protected before the material is disclosed or produced. 12 Designation in conformity with this Order requires: 13 (a) for information in documentary form (e.g., paper or electronic 14 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), 15 that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 16 “CONFIDENTIAL legend”) or “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” 17 (hereinafter “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY legend”), to each page 18 that contains protected material. If only a portion or portions of the material on a page 19 qualifies for protection, the Producing Party also must clearly identify the protected 20 portion(s) (e.g., by making appropriate markings in the margins). 21 A Party or Non-Party that makes original documents available for inspection need 22 not designate them for protection until after the inspecting Party has indicated which 23 documents it would like copied and produced. During the inspection and before the 24 designation, all of the material made available for inspection shall be deemed 25 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 26 copied and produced, the Producing Party must determine which documents, or portions 27 thereof, qualify for protection under this Order. Then, before producing the specified 28 documents, the Producing Party must affix the “CONFIDENTIAL legend” or 1 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY legend” to each page that contains 2 Protected Material. If only a portion or portions of the material on a page qualifies for 3 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 4 by making appropriate markings in the margins). 5 (b) Deposition transcripts and portions thereof taken in this action may 6 be Protected as “CONFIDENTIAL,” or “CONFIDENTIAL – ATTORNEYS’ EYES 7 ONLY” during the deposition or after, in which case the portion of the transcript 8 containing Protected Material shall be identified in the transcript by the Court Reporter 9 as “CONFIDENTIAL,” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” The 10 Protected testimony shall be bound in a separate volume and marked by the reporter 11 accordingly. 12 Where testimony is Protected during the deposition, the Designating Party shall 13 have the right to exclude, at those portions of the deposition, all persons not authorized 14 by the terms of this Protective Order to receive such Protected Material. Within seven(7) 15 days after a deposition transcript is certified by the court reporter, any party may 16 designate pages of the transcript and/or its exhibits as Protected Material. During such 17 seven (7) day period, the transcript in its entirety shall be treated as “CONFIDENTIAL” 18 (except for those portions identified earlier as “CONFIDENTIAL – ATTORNEYS’ 19 EYES ONLY” which shall be treated accordingly from the date of designation). If any 20 party so designates such material, the parties shall provide written notice of such 21 designation to all parties within the seven (7) day period. Protected Material within the 22 deposition transcript or the exhibits thereto may be identified in writing by page and line, 23 or by underlining and marking such portions “CONFIDENTIAL,” “CONFIDENTIAL – 24 ATTORNEYS’ EYES ONLY” and providing such marked-up portions to all counsel. 25 (c) for information produced in some form other than documentary and 26 for any other tangible items, that the Producing Party affix in a prominent place on the 27 exterior of the container or containers in which the information is stored the legend 28 “CONFIDENTIAL” or “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” If only a 1 portion or portions of the information warrants protection, the Producing Party, to the 2 extent practicable, shall identify the protected portion(s). 3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 4 to designate qualified information or items does not, standing alone, waive the 5 Designating Party’s right to secure protection under this Order for such material. Upon 6 timely correction of a designation, the Receiving Party must make reasonable efforts to 7 assure that the material is treated in accordance with the provisions of this Order. 8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 10 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 11 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 12 process under Local Rule 37.1 et seq. 13 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 14 stipulation pursuant to Local Rule 37-2. 15 6.4 The burden of persuasion in any such challenge proceeding shall be on the 16 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 17 to harass or impose unnecessary expenses and burdens on other parties) may expose the 18 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 19 the confidentiality designation, all parties shall continue to afford the material in question 20 the level of protection to which it is entitled under the Producing Party’s designation until 21 the Court rules on the challenge. 22 7. ACCESS TO AND USE OF PROTECTED MATERIAL 23 7.1 Basic Principles. A Receiving Party may use Protected Material that is 24 disclosed or produced by another Party or by a Non-Party in connection with this Action 25 only for prosecuting, defending, or attempting to settle this Action. Such Protected 26 Material may be disclosed only to the categories of persons and under the conditions 27 described in this Order. When the Action has been terminated, a Receiving Party must 28 comply with the provisions of section 13 below (FINAL DISPOSITION). 1 Protected Material must be stored and maintained by a Receiving Party at a 2 location and in a secure manner that ensures that access is limited to the persons 3 authorized under this Order. 4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 5 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 6 may disclose any information or item Protected “CONFIDENTIAL” only to: 7 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 8 well as employees of said Outside Counsel of Record to whom it is reasonably necessary 9 to disclose the information for this Action; 10 (b) the officers, directors, and employees (including House Counsel) of 11 the Receiving Party to whom disclosure is reasonably necessary for this Action; 12 (c) Experts (as defined in this Order) of the Receiving Party to whom 13 disclosure is reasonably necessary for this Action and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (d) the court and its personnel; 16 (e) court reporters and their staff; 17 (f) professional jury or trial consultants, mock jurors, and Professional 18 Vendors to whom disclosure is reasonably necessary for this Action and who have signed 19 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (g) the author or recipient of a document containing the information or a 21 custodian or other person who otherwise possessed or knew the information; 22 (h) during their depositions, witnesses, and attorneys for witnesses, in the 23 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 24 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will not 25 be permitted to keep any confidential information unless they sign the “Acknowledgment 26 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 27 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to 28 depositions that reveal Protected Material may be separately bound by the court reporter 1 and may not be disclosed to anyone except as permitted under this Stipulated Protective 2 Order; and 3 (i) any mediator or settlement officer, and their supporting personnel, 4 mutually agreed upon by any of the parties engaged in settlement discussions. 5 7.3 Disclosure of “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” 6 Information or Items. Unless otherwise ordered by the court or permitted in writing by 7 the Designating Party, a Receiving Party may disclose any information or item Protected 8 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: 9 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 10 well as employees of said Outside Counsel of Record to whom it is reasonably necessary 11 to disclose the information for this Action; 12 (b) Experts (as defined in this Order) of the Receiving Party to whom 13 disclosure is reasonably necessary for this Action and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (c) the court and its personnel; 16 (d) private court reporters and their staff to whom disclosure is 17 reasonably necessary for this Action and who have signed the “Acknowledgment and 18 Agreement to Be Bound” (Exhibit A); 19 (e) professional jury or trial consultants, mock jurors, and Professional 20 Vendors to whom disclosure is reasonably necessary for this Action and who have signed 21 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (f) the author or recipient of a document containing the information or a 23 custodian or other person who otherwise possessed or knew the information; and 24 (g) any mediator or settlement officer, and their supporting personnel, 25 mutually agreed upon by any of the parties engaged in settlement discussions. 26 7.4 Nothing herein in any way restricts the ability of the Receiving Party to use 27 “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” material 28 1 produced to it in examining or cross-examining any employee or consultant of the 2 Designating Party. 3 7.5 The parties agree that the Parties may be provided by their Counsel a 4 summary document, or oral summary, setting forth the alleged infringers’ full identities, 5 revenues, and gross profits numbers, as well as the plaintiff’s sales, revenues and profits 6 and from the sale of product affixed with the allegedly infringed design(s) at issue in this 7 action, or other similar financial information, notwithstanding any Party’s designation of 8 documents showing such information as “CONFIDENTIAL – ATTORNEYS’ EYES 9 ONLY”. The Parties further agree that Plaintiff is free to name revealed alleged infringers 10 as defendants in a lawsuit, notwithstanding any Party’s designation of documents 11 showing such information as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. 12 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 13 IN OTHER LITIGATION 14 If a Party is served with a subpoena or a court order issued in other litigation that 15 compels disclosure of any information or items Protected in this Action as 16 “CONFIDENTIAL” or “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY,” that Party 17 must: 18 (a) promptly notify in writing the Designating Party. Such notification 19 shall include a copy of the subpoena or court order; 20 (b) promptly notify in writing the party who caused the subpoena or order 21 to issue in the other litigation that some or all of the material covered by the subpoena or 22 order is subject to this Protective Order. Such notification shall include a copy of this 23 Stipulated Protective Order; and 24 (c) cooperate with respect to all reasonable procedures sought to be 25 pursued by the Designating Party whose Protected Material may be affected. 26 (d) If the Designating Party timely seeks a protective order, the Party 27 served with the subpoena or court order shall not produce any information Protected in 28 this action as “CONFIDENTIAL” or “CONFIDENTIAL -- ATTORNEYS’ EYES 1 ONLY” before a determination by the court from which the subpoena or order issued, 2 unless the Party has obtained the Designating Party’s permission. The Designating Party 3 shall bear the burden and expense of seeking protection in that court of its confidential 4 material and nothing in these provisions should be construed as authorizing or 5 encouraging a Receiving Party in this Action to disobey a lawful directive from another 6 court. 7 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 8 PRODUCED IN THIS LITIGATION 9 (a) The terms of this Order are applicable to information produced by a 10 Non-Party in this Action and Protected as “CONFIDENTIAL” or “CONFIDENTIAL -- 11 ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in 12 connection with this litigation is protected by the remedies and relief provided by this 13 Order. Nothing in these provisions should be construed as prohibiting a Non-Party from 14 seeking additional protections. 15 (b) In the event that a Party is required, by a valid discovery request, to 16 produce a Non-Party’s confidential information in its possession, and the Party is subject 17 to an agreement with the Non-Party not to produce the Non-Party’s confidential 18 information, then the Party shall: 19 (1) promptly notify in writing the Requesting Party and the Non- 20 Party that some or all of the information requested is subject to a confidentiality 21 agreement with a Non-Party; 22 (2) promptly provide the Non-Party with a copy of the Stipulated 23 Protective Order in this Action, the relevant discovery request(s), and a reasonably 24 specific description of the information requested; and 25 (3) make the information requested available for inspection by the 26 Non-Party, if requested. 27 (c) If the Non-Party fails to seek a protective order from this court within 28 14 days of receiving the notice and accompanying information, the Receiving Party may 1 produce the Non-Party’s confidential information responsive to the discovery request. If 2 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 3 information in its possession or control that is subject to the confidentiality agreement 4 with the Non-Party before a determination by the court. Absent a court order to the 5 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 6 court of its Protected Material. 7 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 8 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 9 Protected Material to any person or in any circumstance not authorized under this 10 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 11 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 12 all unauthorized copies of the Protected Material, (c) inform the person or persons to 13 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 14 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 15 that is attached hereto as Exhibit A. 16 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 17 PROTECTED MATERIAL 18 When a Producing Party gives notice to Receiving Parties that certain 19 inadvertently produced material is subject to a claim of privilege or other protection, the 20 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 21 26(b)(5)(B). This provision is not intended to modify whatever procedure may be 22 established in an e-discovery order that provides for production without prior privilege 23 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach 24 an agreement on the effect of disclosure of a communication or information covered by 25 the attorney-client privilege or work product protection, the parties may incorporate their 26 agreement in the stipulated protective order submitted to the court. 27 // 28 // 1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 3 person to seek its modification by the Court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order, no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in this 7 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground 8 to use in evidence of any of the material covered by this Protective Order. 9 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 10 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed 11 under seal pursuant to a court order authorizing the sealing of the specific Protected 12 Material at issue. If a Party’s request to file Protected Material under seal is denied by 13 the court, then the Receiving Party may file the information in the public record unless 14 otherwise instructed by the court. 15 13. FINAL DISPOSITION 16 After the final disposition of this Action, as defined in paragraph 4, within 60 days 17 of a written request by the Designating Party, each Receiving Party must return all 18 Protected Material to the Producing Party or destroy such material. As used in this 19 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 20 summaries, and any other format reproducing or capturing any of the Protected Material. 21 Whether the ProtectedMaterial is returned or destroyed, the Receiving Party must submit 22 a written certification to the Producing Party (and, if not the same person or entity, to the 23 Designating Party) by the 60 day deadline that (1) identifies (by category, where 24 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that 25 the Receiving Party has not retained any copies, abstracts, compilations, summaries or 26 any other format reproducing or capturing any of the ProtectedMaterial. Notwithstanding 27 this provision, Counsel are entitled to retain an archival copy of all pleadings, motion 28 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 1 || deposition and trial exhibits, expert reports, attorney work product, and consultant and 2 | expert work product, even if such materials contain Protected Material. Any such archival 3 || copies that contain or constitute Protected Material remain subject to this Protective 4 || Order as set forth in Section 4 (DURATION). 5 14. VIOLATION 6 Any violation of this Order may be punished by any and all appropriate measures 7 || including, without limitation, contempt proceedings and/or monetary sanctions.

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. . (hh, Weck ll Dated: _March 23, 2020 By: _@47™ fF f= HON. ALEXANDER F. MACKINNON 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury that I 5 have read in its entirety and understand the Stipulated Protective Order that was issued 6 by the United States District Court for the Central District of California on ___________ 7 in the case of Matthew Markanson v. Jason Rotramel et al. 2:20-cv-00309-JFW-AFM. I 8 agree to comply with and to be bound by all the terms of this Stipulated Protective Order 9 and I understand and acknowledge that failure to so comply could expose me to sanctions 10 and punishment in the nature of contempt. I solemnly promise that I will not disclose in 11 any manner any information or item that is subject to this Stipulated Protective Order to 12 any person or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for 14 the Central District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of this 16 action. I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone 18 number] as my California agent for service of process in connection with this action or 19 any proceedings related to enforcement of this Stipulated Protective Order. 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 23 Printed name: _______________________________ 24 Signature: __________________________________ 25 26 27 28