Pensmore Reinforcement Technologies, LLC v. Cornerstone Manufacturing and Distribution, Inc.

• Court: District Court, C.D. California
• Decided: March 21, 2022
• Docket: 5:21-cv-01556
• Status: Unknown

Opinion

Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 1 of 19 Page ID #:708

1 UMBERG ZIPSER LLP Mark A. Finkelstein (SBN 173851) 2 mfinkelstein@umbergzipser.com 1920 Main Street, Ste. 750 3 Irvine, CA 92614 Telephone: (949) 679-0052 4 Facsimile: (949) 679-0461

5 DICKINSON WRIGHT PLLC 6 James K. Cleland (Pro Hac Vice) JCleland@dickinson-wright.com 7 (734) 436-7356 Christopher J. Ryan (Pro Hac Vice) 8 CRyan@dickinson-wright.com (734) 623-1907 9 Yafeez S. Fatabhoy (Pro Hac Vice) YFatabhoy@dickinson-wright.com 10 (248) 205-3264 350 S. Main Street, Ste 300 11 Ann Arbor, MI 48104 Facsimile: (844) 670-6009 12 Attorneys for Plaintiff 13 Pensmore Reinforcement Technologies, LLC 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 PENSMORE REINFORCEMENT CASE NO.: 5:21-cv-1556-JWH-SHK TECHNOLOGIES, LLC d/b/a 17 HELIX STEEL, STIPULATED PROTECTIVE 18 Plaintiff, ORDER

19 v.

20 CORNERSTONE MANUFACTURING AND 21 DISTRIBUTION, INC.,

22 Defendant.

24 25 Pursuant to Federal Rule of Civil Procedure 26(c), Plaintiff and Counterclaim 26 27 28 1 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 2 of 19 Page ID #:709

1 1. A. PURPOSE AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 11 under the applicable legal principles. The parties further acknowledge, as set forth 12 in Section 12.3, below, that this Stipulated Protective Order does not entitle them 13 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 14 procedures that must be followed and the standards that will be applied when a 15 party seeks permission from the court to file material under seal. 16 B. GOOD CAUSE STATEMENT 17 This action is likely to involve trade secrets, customer and pricing lists and 18 other valuable research, development, commercial, financial, technical and/or 19 20 proprietary information for which special protection from public disclosure and 21 from use for any purpose other than prosecution of this action is warranted. Such 22 confidential and proprietary materials and information consist of, among other 23 things, confidential business or financial information, information regarding 24 confidential business practices, or other confidential research, development, or 25 commercial information (including information implicating privacy rights of third 26 parties), information otherwise generally unavailable to the public, or which may 27 28 2 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 3 of 19 Page ID #:710

1 be privileged or otherwise protected from disclosure under state or federal 2 statutes, court rules, case decisions, or common law. Accordingly, to expedite 3 the flow of information, to facilitate the prompt resolution of disputes over 4 confidentiality of discovery materials, to adequately protect information the 5 parties are entitled to keep confidential, to ensure that the parties are permitted 6 reasonable necessary uses of such material in preparation for and in the conduct 7 of trial, to address their handling at the end of the litigation, and serve the ends of 8 justice, a protective order for such information is justified in this matter. It is the 9 intent of the parties that information will not be designated as confidential for 10 11 tactical reasons and that nothing be so designated without a good faith belief that 12 it has been maintained in a confidential, non-public manner, and there is good 13 cause why it should not be part of the public record of this case. 14 Additionally, there is a need for a two-tiered, attorneys’ eyes only protective 15 order that designates certain material as “Highly Confidential – Attorneys’ Eyes 16 Only,” in this action. See Elements Spirits, Inc. v. Iconic Brands, Inc., Civ. No. CV 17 15-02692 DDP (AGRx), 2016 WL 2642206, at *1 -2 (C.D. Cal. May 9, 2016) 18 (holding that protective order with attorneys’ eyes only designation was warranted 19 to protect party’s confidential information) (citing Nutratech, Inc. v. Syntech Int’l, 20 Inc., 242 F.R.D. 552, 555 (C.D. Cal. 2008); Brown Bag Software v. Symantec 21 Corp., 960 F.2d 1465, 1470 (9th Cir. 1992)). 22 2. DEFINITIONS 23 24 2.1 Action: this pending federal lawsuit, Pensmore Reinforcement 25 Technologies, LLC v. Cornerstone Manufacturing and Distribution, Inc., Case No. 26 5:21-cv-01556-JWH-SHK. 27 28 3 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 4 of 19 Page ID #:711

1 2.2 Challenging Party: a Party or Non-Party that challenges the 2 designation of information or items under this Order. 3 2.3.1 “CONFIDENTIAL” Information or Items: information (regardless of 4 how it is generated, stored or maintained) or tangible things that qualify for 5 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 6 the Good Cause Statement. 7 2.3.2 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 8 Information or Items: sensitive “Confidential Information or Items,” disclosure of 9 which to another Party or Non-Party would create a substantial risk of serious harm 10 11 that could not be avoided by less restrictive means, and that qualifies for protection 12 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 13 Cause Statement. 14 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 15 their support staff). 16 2.5 Designating Party: a Party or Non-Party that designates information 17 or items that it produces in disclosures or in responses to discovery as 18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 19 ONLY.” 20 2.6 Disclosure or Discovery Material: all items or information, regardless 21 of the medium or manner in which it is generated, stored, or maintained (including, 22 among other things, testimony, transcripts, and tangible things), that are produced 23 24 or generated in disclosures or responses to discovery in this matter. 25 26 27 28 4 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 5 of 19 Page ID #:712

1 2.7 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 2.8 House Counsel: attorneys who are employees of a party to this Action. 5 House Counsel does not include Outside Counsel of Record or any other outside 6 counsel. 7 2.9 Non-Party: any natural person, partnership, corporation, association, 8 or other legal entity not named as a Party to this action. 9 2.10 Outside Counsel of Record: attorneys who are not employees of a 10 11 Party to this Action but are retained to represent or advise a party to this Action and 12 have appeared in this Action on behalf of that party or are affiliated with a law firm 13 which has appeared on behalf of that party, and includes support staff. 14 2.11 Party: any party to this Action, including all of its officers, directors, 15 employees, consultants, retained experts, and Outside Counsel of Record (and their 16 support staffs). 17 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 18 Discovery Material in this Action. 19 2.13 Professional Vendors: persons or entities that provide litigation 20 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 21 demonstrations, and organizing, storing, or retrieving data in any form or medium) 22 and their employees and subcontractors. 23 24 2.14 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 26 ATTORNEYS’ EYES ONLY.” 27 28 5 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 6 of 19 Page ID #:713

1 2.15 Receiving Party: a Party that receives Disclosure or Discovery 2 Material from a Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or 6 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 11 trial judge. This Order does not govern the use of Protected Material at trial. 12 4. DURATION 13 Even after final disposition of this litigation, the confidentiality obligations 14 imposed by this Order shall remain in effect until a Designating Party agrees 15 otherwise in writing or a court order otherwise directs. Final disposition shall be 16 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 17 or without prejudice; and (2) final judgment herein after the completion and 18 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 19 including the time limits for filing any motions or applications for extension of time 20 pursuant to applicable law. 21 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. 23 24 Each Party or Non-Party that designates information or items for protection 25 under this Order must take care to limit any such designation to specific material 26 that qualifies under the appropriate standards. The Designating Party must designate 27 28 6 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 7 of 19 Page ID #:714

1 for protection only those parts of material, documents, items, or oral or written 2 communications that qualify so that other portions of the material, documents, items, 3 or communications for which protection is not warranted are not swept unjustifiably 4 within the ambit of this Order. Mass, indiscriminate, or routinized designations are 5 prohibited. Designations that are shown to be clearly unjustified or that have been 6 made for an improper purpose (e.g., to unnecessarily encumber the case 7 development process or to impose unnecessary expenses and burdens on other 8 parties) may expose the Designating Party to sanctions. If it comes to a Designating 9 Party’s attention that information or items that it designated for protection do not 10 11 qualify for protection that Designating Party must promptly notify all other Parties 12 that it is withdrawing the inapplicable designation. 13 5.2 Manner and Timing of Designations. Except as otherwise provided in 14 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 15 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 16 under this Order must be clearly so designated before the material is disclosed or 17 produced. 18 Designation in conformity with this Order requires: 19 (a) For information in documentary form (e.g., paper or electronic 20 documents, but excluding transcripts of depositions or other pretrial or trial 21 proceedings), that the Producing Party affix at a minimum, the legend 22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 23 24 ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains 25 protected material. If only a portion or portions of the material on a page qualifies 26 27 28 7 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 8 of 19 Page ID #:715

1 for protection, the Producing Party also must clearly identify the protected 2 portion(s) (e.g., by making appropriate markings in the margins). 3 A Party or Non-Party that makes original documents available for inspection 4 need not designate them for protection until after the inspecting Party has indicated 5 which documents it would like copied and produced. During the inspection and 6 before the designation, all of the material made available for inspection shall be 7 deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the 8 inspecting Party has identified the documents it wants copied and produced, the 9 Producing Party must determine which documents, or portions thereof, qualify for 10 11 protection under this Order. Then, before producing the specified documents, the 12 producing Party must affix the “CONFIDENTIAL legend” to each page that 13 contains Protected Material. If only a portion or portions of the material on a page 14 qualifies for protection, the Producing Party also must clearly identify the protected 15 portion(s) (e.g., by making appropriate markings in the margins). 16 (b) For testimony given in depositions that the Designating Party, at the 17 same time the witness’s statement of changes is due pursuant to Fed. R. Civ. P. 18 30(e). 19 (c) For information produced in some form other than documentary and for 20 any other tangible items, that the Producing Party affix in a prominent place on the 21 exterior of the container or containers in which the information is stored the 22 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 23 24 EYES ONLY.” If only a portion or portions of the information warrants protection, 25 the Producing Party, to the extent practicable, shall identify the protected portion(s). 26 27 28 8 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 9 of 19 Page ID #:716

1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 failure to designate qualified information or items does not, standing alone, waive 3 the Designating Party’s right to secure protection under this Order for such material. 4 Upon timely correction of a designation, the Receiving Party must make reasonable 5 efforts to assure that the material is treated in accordance with the provisions of this 6 Order. 7 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 8 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 9 designation of confidentiality at any time that is consistent with the Court’s 10 11 Scheduling Order. 12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 13 resolution process under Local Rule 37.1 et seq. 14 6.3 The burden of persuasion in any such challenge proceeding shall be 15 on the Designating Party. Frivolous challenges, and those made for an improper 16 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 17 parties) may expose the Challenging Party to sanctions. Unless the Designating 18 Party has waived or withdrawn the confidentiality designation, all parties shall 19 20 continue to afford the material in question the level of protection to which it is 21 entitled under the Producing Party’s designation until the Court rules on the 22 challenge. 23 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. A Receiving Party may use Protected Material that is 25 disclosed or produced by another Party or by a Non-Party in connection with this 26 Action only for prosecuting, defending, or attempting to settle this Action. Such 27 28 9 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 10 of 19 Page ID #:717

1 Protected Material may be disclosed only to the categories of persons and under the 2 conditions described in this Order. When the Action has been terminated, a 3 Receiving Party must comply with the provisions of section 13 below (FINAL 4 DISPOSITION). 5 Protected Material must be stored and maintained by a Receiving Party at a 6 7 location and in a secure manner that ensures that access is limited to the persons 8 authorized under this Order. 9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 10 otherwise ordered by the court or permitted in writing by the Designating Party, a 11 Receiving Party may disclose any information or item designated 12 “CONFIDENTIAL” only to: 13 14 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 15 employees of said Outside Counsel of Record to whom it is reasonably necessary 16 to disclose the information for this Action; 17 (b) the officers, directors, and employees (including House Counsel) of the 18 Receiving Party to whom disclosure is reasonably necessary for this Action; 19 (c) Experts (as defined in this Order) of the Receiving Party to whom 20 disclosure is reasonably necessary for this Action and who have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 23 (d) the court and its personnel; 24 (e) court reporters and their staff; 25 26 27 28 10 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 11 of 19 Page ID #:718

1 (f) professional jury or trial consultants, mock jurors, and Professional 2 Vendors to whom disclosure is reasonably necessary for this Action and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses, and attorneys for witnesses, in the 7 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 8 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they 9 will not be permitted to keep any confidential information unless they sign the 10 11 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 12 agreed by the Designating Party or ordered by the court. Pages of transcribed 13 deposition testimony or exhibits to depositions that reveal Protected Material may 14 be separately bound by the court reporter and may not be disclosed to anyone except 15 as permitted under this Stipulated Protective Order; and 16 (i) any mediator or settlement officer, and their supporting personnel, 17 mutually agreed upon by any of the parties engaged in settlement discussions. 18 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 19 ONLY” Information or Items. Unless otherwise ordered by the court or permitted 20 in writing by the Designating Party, a Receiving Party may disclose any information 21 or item designated “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” 22 only to those individuals listed above in Paragraphs 7.2(a), (c)–(g), and (i), except 23 24 that a Receiving Party may in good faith request that the Designating Party consent 25 in writing to the disclosure of particular material designated “HIGHLY 26 CONFIDENTIAL - ATTORNEYS’ EYES ONLY” to one or more representatives 27 28 11 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 12 of 19 Page ID #:719

1 of the Receiving Party to whom disclosure is reasonably necessary for this Action. 2 The Receiving Party may seek leave of court to designate such representatives if 3 the Receiving Party believes that the Designating Party has unreasonably withheld 4 such consent. Before receiving any information designated “HIGHLY 5 CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” each designated representative 6 shall sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 7 8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 9 PRODUCED IN OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation 11 that compels disclosure of any information or items designated in this Action as 12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 13 ONLY” that Party must: 14 15 (a) promptly notify in writing the Designating Party. Such notification shall 16 include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena or order 18 to issue in the other litigation that some or all of the material covered by the 19 subpoena or order is subject to this Protective Order. Such notification shall include 20 21 a copy of this Stipulated Protective Order; and 22 (c) cooperate with respect to all reasonable procedures sought to be pursued 23 by the Designating Party whose Protected Material may be affected. If the 24 Designating Party timely seeks a protective order, the Party served with the 25 subpoena or court order shall not produce any information designated in this action 26 as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 27 28 12 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 13 of 19 Page ID #:720

1 ONLY” before a determination by the court from which the subpoena or order 2 issued, unless the Party has obtained the Designating Party’s permission. The 3 Designating Party shall bear the burden and expense of seeking protection in that 4 court of its confidential material and nothing in these provisions should be 5 construed as authorizing or encouraging a Receiving Party in this Action to disobey 6 a lawful directive from another court. 7 8 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 9 PRODUCED IN THIS LITIGATION 10 (a) The terms of this Order are applicable to information produced by a Non- 11 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 12 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by 13 Non-Parties in connection with this litigation is protected by the remedies and relief 14 provided by this Order. Nothing in these provisions should be construed as 15 16 prohibiting a Non-Party from seeking additional protections. 17 (b) In the event that a Party is required, by a valid discovery request, to 18 produce a Non-Party’s confidential information in its possession, and the Party is 19 subject to an agreement with the Non-Party not to produce the Non-Party’s 20 confidential information, then the Party shall: 21 (1) promptly notify in writing the Requesting Party and the Non-Party 22 that some or all of the information requested is subject to a confidentiality 23 agreement with a Non-Party; 24 25 26 27 28 13 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 14 of 19 Page ID #:721

1 (2) promptly provide the Non-Party with a copy of the Stipulated 2 Protective Order in this Action, the relevant discovery request(s), and a reasonably 3 specific description of the information requested; and 4 (3) make the information requested available for inspection by the 5 Non-Party, if requested. 6 (c) If the Non-Party fails to seek a protective order from this court within 14 7 days of receiving the notice and accompanying information, the Receiving Party 8 may produce the Non-Party’s confidential information responsive to the discovery 9 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 10 11 not produce any information in its possession or control that is subject to the 12 confidentiality agreement with the Non-Party before a determination by the court. 13 Absent a court order to the contrary, the Non-Party shall bear the burden and 14 expense of seeking protection in this court of its Protected Material. 15 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 16 17 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 18 Protected Material to any person or in any circumstance not authorized under this 19 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 20 writing the Designating Party of the unauthorized disclosures, (b) use its best 21 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 22 person or persons to whom unauthorized disclosures were made of all the terms of 23 this Order, and (d) request such person or persons to execute the “Acknowledgment 24 and Agreement to Be Bound” that is attached hereto as Exhibit A. 25 26 27 28 14 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 15 of 19 Page ID #:722

1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other protection, 5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 7 may be established in an e-discovery order that provides for production without 8 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 9 as the parties reach an agreement on the effect of disclosure of a communication or 10 11 information covered by the attorney-client privilege or work product protection, the 12 parties may incorporate their agreement in the stipulated protective order submitted 13 to the court. 14 12. MISCELLANEOUS 15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 16 person to seek its modification by the Court in the future. 17 12.2 Right to Assert Other Objections. By stipulating to the entry of this 18 Protective Order no Party waives any right it otherwise would have to object to 19 20 disclosing or producing any information or item on any ground not addressed in 21 this Stipulated Protective Order. Similarly, no Party waives any right to object on 22 any ground to use in evidence of any of the material covered by this Protective 23 Order. 24 12.3 Filing Protected Material. A Party that seeks to file under seal any 25 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 26 only be filed under seal pursuant to a court order authorizing the sealing of the 27 28 15 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 16 of 19 Page ID #:723

1 specific Protected Material at issue. If a Party's request to file Protected Material 2 under seal is denied by the court, then the Receiving Party may file the information 3 in the public record unless otherwise instructed by the court. 4 13. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 4, within 60 6 days of a written request by the Designating Party, each Receiving Party must 7 return all Protected Material to the Producing Party or destroy such material. As 8 used in this subdivision, “all Protected Material” includes all copies, abstracts, 9 compilations, summaries, and any other format reproducing or capturing any of the 10 11 Protected Material. Whether the Protected Material is returned or destroyed, the 12 Receiving Party must submit a written certification to the Producing Party (and, if 13 not the same person or entity, to the Designating Party) by the 60 day deadline that 14 (1) identifies (by category, where appropriate) all the Protected Material that was 15 returned or destroyed and (2) affirms that the Receiving Party has not retained any 16 copies, abstracts, compilations, summaries or any other format reproducing or 17 capturing any of the Protected Material. Notwithstanding this provision, Counsel 18 are entitled to retain an archival copy of all pleadings, motion papers, trial, 19 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 20 and trial exhibits, expert reports, attorney work product, and consultant and expert 21 work product, even if such materials contain Protected Material. Any such archival 22 copies that contain or constitute Protected Material remain subject to this 23 24 Protective Order as set forth in Section 4. 25 26 27 28 16 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 17 of 19 Page ID #:724

1 14. Any violation of this Order may be punished by any and all appropriate 2 measures including, without limitation, contempt proceedings and/or monetary 3 sanctions. 4 Dated: March 16, 2022 DICKINSON WRIGHT PLLC

5 By: /s/Yafeez S. Fatabhoy James K. Cleland 6 Christopher J. Ryan Yafeez S. Fatabhoy 7

UMBERG ZIPSER, LLP 8 Mark A. Finkelstein

9 Attorneys for Plaintiff/Counter-Defendant

10 Dated: March 16, 2022 HOVEY WILLIAMS LLP 11

By: /s/Scott Brown 12 Scott R. Brown Todd Gangel 13

LOBB & PLEWE, LLP 14 Kevin Abbott Chandra Winter 15

16 Attorneys Defendant/Counter-Plaintiff

17 18 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19

20 DATED: M arch 21, 2022 21

22 23 United States Magistrate Judge 24 25 26 27 28 17 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 18 of 19 Page ID #:725

1 2 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 5 I, [print or type full 6 name], of [print or type full address], declare 7 under penalty of perjury that I have read in its entirety and understand the 8 9 Stipulated Protective Order that was issued by the United States District Court 10 for the Central District of California on [date] in the case of [insert formal 11 name of the case and the number and initials assigned to it by the court]. I 12 13 agree to comply with and to be bound by all the terms of this Stipulated Protective 14 Order and I understand and acknowledge that failure to so comply could expose 15 me to sanctions and punishment in the nature of contempt. I solemnly promise 16 17 that I will not disclose in any manner any information or item that is subject to 18 this Stipulated Protective Order to any person or entity except in strict 19 compliance with the provisions of this Order. 20 21 I further agree to submit to the jurisdiction of the United States District Court 22 for the Central District of California for the purpose of enforcing the terms of this 23 Stipulated Protective Order, even if such enforcement proceedings occur after 24 25 termination of this action. I hereby appoint [print or type full name] of 26 __________ [print or type full address and telephone number] as my California 27 28 18 Case 5:21-cv-01556-JWH-SHK Document 59 Filed 03/21/22 Page 19 of 19 Page ID #:726

agent for service of process in connection with this action or any proceedings 1 2 related to enforcement of this Stipulated Protective Order. 3 Date: 4 City and State where sworn and signed: _ 5 6

7 Printed name: 8 9 10 Signature: 11

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19