Universal Dyeing and Printing, Inc. v. Zoetop Business Co., Ltd.

• Court: District Court, C.D. California
• Decided: January 25, 2023
• Docket: 2:22-cv-03741
• Status: Unknown

Opinion

Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 1 of 17 Page ID #:196

7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9

10 Universal Dyeing & Printing, Inc., Case No. 2:22-cv-03741-FLA-RAO 11 Plaintiff,

12 v. STIPULATED PROTECTIVE ORDER1 13 Zoetop Business Co., Ltd., et al., 14 Defendant. 15 16 17 1. A. PURPOSES AND LIMITATIONS 18 As the parties have represented that discovery in this action is likely to 19 involve production of confidential, proprietary, or private information for which 20 special protection from public disclosure and from use for any purpose other than 21 prosecuting this litigation may be warranted, this Court enters the following 22 Protective Order. This Order does not confer blanket protections on all disclosures 23 or responses to discovery. The protection it affords from public disclosure and use 24 extends only to the limited information or items that are entitled to confidential 25 treatment under the applicable legal principles. 26

27 1 This Stipulated Protective Order is based primarily on Magistrate Judge Rozella A. Oliver’s form protective order. The “attorneys’ eyes only” designation is based on 28 Magistrate Judge Jacqueline Chooljian’s form protective order. Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 2 of 17 Page ID #:197

1 B. GOOD CAUSE STATEMENT 2 This action is likely to involve customer and pricing lists and valuable 3 development, commercial, financial, and/or proprietary information for which 4 special protection from public disclosure and from use for any purpose other than 5 prosecution of this action is warranted. Such confidential and proprietary materials 6 and information consist of, among other things, confidential business and financial 7 information, information regarding confidential business practices, other 8 confidential development and commercial information (including information 9 implicating privacy rights of third parties), and information otherwise generally 10 unavailable to the public or which may be protected from disclosure under state or 11 federal statutes, court rules, case decisions, or common law. Accordingly, to 12 expedite the flow of information, to facilitate the prompt resolution of disputes over 13 confidentiality of discovery materials, to adequately protect information the parties 14 are entitled to keep confidential, to ensure that the parties are permitted reasonable 15 necessary uses of such material in preparation for and in the conduct of trial, to 16 address their handling at the end of the litigation, and serve the ends of justice, a 17 protective order for such information is justified in this matter. It is the intent of the 18 parties that information will not be designated as confidential for tactical reasons 19 and that nothing be so designated without a good faith belief that it has been 20 maintained in a confidential, non-public manner, and there is good cause why it 21 should not be part of the public record of this case. 22 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 23 The parties further acknowledge, as set forth in Section 12.3, below, that this 24 Stipulated Protective Order does not entitle them to file confidential information 25 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 26 and the standards that will be applied when a party seeks permission from the court 27 to file material under seal. 28 2 Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 3 of 17 Page ID #:198

1 There is a strong presumption that the public has a right of access to judicial 2 proceedings and records in civil cases. In connection with non-dispositive motions, 3 good cause must be shown to support a filing under seal. See Kamakana v. City and 4 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors 5 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, 6 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 7 require good cause showing), and a specific showing of good cause or compelling 8 reasons with proper evidentiary support and legal justification, must be made with 9 respect to Protected Material that a party seeks to file under seal. The parties’ mere 10 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 11 without the submission of competent evidence by declaration, establishing that the 12 material sought to be filed under seal qualifies as confidential, privileged, or 13 otherwise protectable—constitute good cause. 14 Further, if a party requests sealing related to a dispositive motion or trial, then 15 compelling reasons, not only good cause, for the sealing must be shown, and the 16 relief sought shall be narrowly tailored to serve the specific interest to be protected. 17 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 18 each item or type of information, document, or thing sought to be filed or introduced 19 under seal in connection with a dispositive motion or trial, the party seeking 20 protection must articulate compelling reasons, supported by specific facts and legal 21 justification, for the requested sealing order. Again, competent evidence supporting 22 the application to file documents under seal must be provided by declaration. 23 Any document that is not confidential, privileged, or otherwise protectable in 24 its entirety will not be filed under seal if the confidential portions can be redacted. 25 If documents can be redacted, then a redacted version for public viewing, omitting 26 only the confidential, privileged, or otherwise protectable portions of the document 27 shall be filed. Any application that seeks to file documents under seal in their 28 entirety should include an explanation of why redaction is not feasible 3 Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 4 of 17 Page ID #:199

1 2. DEFINITIONS 2 2.1 Action: This pending federal lawsuit. 3 2.2 Challenging Party: a Party or Non-Party that challenges the 4 designation of information or items under this Order. 5 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 6 how it is generated, stored or maintained) or tangible things that qualify for 7 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 8 the Good Cause Statement. 9 2.4 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” 10 Information or Items: extremely sensitive “CONFIDENTIAL” Information or 11 Items, the disclosure of which to another Party or Non-Party would create a 12 substantial risk of serious harm that could not be avoided by less restrictive means. 13 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 14 their support staff). 15 2.6 Designating Party: a Party or Non-Party that designates information or 16 items that it produces in disclosures or in responses to discovery as 17 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 18 ONLY.” 19 2.7 Disclosure or Discovery Material: all items or information, regardless 20 of the medium or manner in which it is generated, stored, or maintained (including, 21 among other things, testimony, transcripts, and tangible things), that are produced or 22 generated in disclosures or responses to discovery in this matter. 23 2.8 Expert: a person with specialized knowledge or experience in a matter 24 pertinent to the litigation who has been retained by a Party or its counsel to serve as 25 an expert witness or as a consultant in this Action. 26 2.9 House Counsel: attorneys who are employees of a party to this Action. 27 House Counsel does not include Outside Counsel of Record or any other outside 28 counsel. 4 Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 5 of 17 Page ID #:200

1 2.10 Non-Party: any natural person, partnership, corporation, association, or 2 other legal entity not named as a Party to this action. 3 2.11 Outside Counsel of Record: attorneys who are not employees of a 4 party to this Action but are retained to represent or advise a party to this Action and 5 have appeared in this Action on behalf of that party or are affiliated with a law firm 6 which has appeared on behalf of that party, and includes support staff. 7 2.12 Party: any party to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 11 Discovery Material in this Action. 12 2.14 Professional Vendors: persons or entities that provide litigation 13 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 demonstrations, and organizing, storing, or retrieving data in any form or medium) 15 and their employees and subcontractors. 16 2.15 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- 18 ATTORNEYS’ EYES ONLY.” 19 2.16 Receiving Party: a Party that receives Disclosure or Discovery 20 Material from a Producing Party. 21 3. SCOPE 22 The protections conferred by this Order cover not only Protected Material (as 23 defined above), but also (1) any information copied or extracted from Protected 24 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 25 and (3) any deposition testimony, conversations, or presentations by Parties or their 26 Counsel that might reveal Protected Material, other than during a court hearing or at 27 trial. 28 5 Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 6 of 17 Page ID #:201

1 Any use of Protected Material during a court hearing or at trial shall be 2 governed by the orders of the presiding judge. This Order does not govern the use 3 of Protected Material during a court hearing or at trial. 4 4. DURATION 5 Even after final disposition of this litigation, the confidentiality obligations 6 imposed by this Order shall remain in effect until a Designating Party agrees 7 otherwise in writing or a court order otherwise directs. Final disposition shall be 8 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 9 or without prejudice; and (2) final judgment herein after the completion and 10 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 11 including the time limits for filing any motions or applications for extension of time 12 pursuant to applicable law. 13 5. DESIGNATING PROTECTED MATERIAL 14 5.1 Exercise of Restraint and Care in Designating Material for Protection. 15 Each Party or Non-Party that designates information or items for protection under 16 this Order must take care to limit any such designation to specific material that 17 qualifies under the appropriate standards. The Designating Party must designate for 18 protection only those parts of material, documents, items, or oral or written 19 communications that qualify so that other portions of the material, documents, 20 items, or communications for which protection is not warranted are not swept 21 unjustifiably within the ambit of this Order. 22 Mass, indiscriminate, or routinized designations are prohibited. Designations 23 that are shown to be clearly unjustified or that have been made for an improper 24 purpose (e.g., to unnecessarily encumber the case development process or to impose 25 unnecessary expenses and burdens on other parties) may expose the Designating 26 Party to sanctions. 27 If it comes to a Designating Party’s attention that information or items that it 28 designated for protection do not qualify for protection, that Designating Party must 6 Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 7 of 17 Page ID #:202

1 promptly notify all other Parties that it is withdrawing the inapplicable designation. 2 5.2 Manner and Timing of Designations. Except as otherwise provided in 3 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise 4 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 5 under this Order must be clearly so designated before the material is disclosed or 6 produced. 7 Designation in conformity with this Order requires: 8 (a) for information in documentary form (e.g., paper or electronic 9 documents, but excluding transcripts of depositions), that the Producing Party affix 10 at a minimum, the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- 11 ATTORNEYS’ EYES ONLY” to each page that contains protected material. If 12 only a portion or portions of the material on a page qualifies for protection, the 13 Producing Party also must clearly identify the protected portion(s) (e.g., by making 14 appropriate markings in the margins). 15 A Party or Non-Party that makes original documents available for inspection 16 need not designate them for protection until after the inspecting Party has indicated 17 which documents it would like copied and produced. During the inspection and 18 before the designation, all of the material made available for inspection shall be 19 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 20 documents it wants copied and produced, the Producing Party must determine which 21 documents, or portions thereof, qualify for protection under this Order. Then, 22 before producing the specified documents, the Producing Party must affix the 23 “CONFIDENTIAL”, or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 24 ONLY” legend to each page that contains Protected Material. If only a portion or 25 portions of the material on a page qualifies for protection, the Producing Party also 26 must clearly identify the protected portion(s) (e.g., by making appropriate markings 27 in the margins). 28 (b) for testimony given in depositions that the Designating Party identifies 7 Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 8 of 17 Page ID #:203

1 on the record, before the close of the deposition as protected testimony. 2 (c) for information produced in some form other than documentary and 3 for any other tangible items, that the Producing Party affix in a prominent place on 4 the exterior of the container or containers in which the information is stored the 5 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ 6 EYES ONLY.” If only a portion or portions of the information warrants protection, 7 the Producing Party, to the extent practicable, shall identify the protected portion(s). 8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 9 failure to designate qualified information or items does not, standing alone, waive 10 the Designating Party’s right to secure protection under this Order for such material. 11 Upon timely correction of a designation, the Receiving Party must make reasonable 12 efforts to assure that the material is treated in accordance with the provisions of this 13 Order. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 16 designation of confidentiality at any time that is consistent with the Court’s 17 Scheduling Order. 18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 19 resolution process under Local Rule 37-1 et seq. 20 6.3 The burden of persuasion in any such challenge proceeding shall be on 21 the Designating Party. Frivolous challenges, and those made for an improper 22 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 23 parties) may expose the Challenging Party to sanctions. Unless the Designating 24 Party has waived or withdrawn the confidentiality designation, all parties shall 25 continue to afford the material in question the level of protection to which it is 26 entitled under the Producing Party’s designation until the Court rules on the 27 challenge. 28 7. ACCESS TO AND USE OF PROTECTED MATERIAL 8 Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 9 of 17 Page ID #:204

1 7.1 Basic Principles. A Receiving Party may use Protected Material that is 2 disclosed or produced by another Party or by a Non-Party in connection with this 3 Action only for prosecuting, defending, or attempting to settle this Action. Such 4 Protected Material may be disclosed only to the categories of persons and under the 5 conditions described in this Order. When the Action has been terminated, a 6 Receiving Party must comply with the provisions of Section 13 below. 7 Protected Material must be stored and maintained by a Receiving Party at a 8 location and in a secure manner that ensures that access is limited to the persons 9 authorized under this Order. 10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 11 otherwise ordered by the court or permitted in writing by the Designating Party, a 12 Receiving Party may disclose any information or item designated 13 “CONFIDENTIAL” only to: 14 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 15 well as employees of said Outside Counsel of Record to whom it is reasonably 16 necessary to disclose the information for this Action; 17 (b) the officers, directors, and employees (including House Counsel) of 18 the 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 (d) the court and its personnel; 23 (e) court reporters and their staff; 24 (f) professional jury or trial consultants, mock jurors, and Professional 25 Vendors to whom disclosure is reasonably necessary for this Action and who have 26 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (g) the author or recipient of a document containing the information or a 28 custodian or other person who otherwise possessed or knew the information; 9 Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 10 of 17 Page ID #:205

1 (h) during their depositions, witnesses, and attorneys for witnesses, in the 2 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 3 requests that the witness sign the “Acknowledgment and Agreement to Be Bound” 4 (Exhibit A); and (2) they will not be permitted to keep any confidential information 5 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 6 unless otherwise agreed by the Designating Party or ordered by the court. Pages of 7 transcribed deposition testimony or exhibits to depositions that reveal Protected 8 Material may be separately bound by the court reporter and may not be disclosed to 9 anyone except as permitted under this Protective Order; and 10 (i) any mediator or settlement officer, and their supporting personnel, 11 mutually agreed upon by any of the parties engaged in settlement discussions. 12 7.3 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 13 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 14 writing by the Designating Party, a Receiving Party may disclose any information or 15 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only 16 to: 17 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 18 as employees of said Outside Counsel of Record to whom it is reasonably necessary 19 to disclose the information for this Action; 20 (b) Experts (as defined in this Order) of the Receiving Party to whom 21 disclosure is reasonably necessary for this Action and who have signed the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (c) the court and its personnel; 24 (d) court reporters and their staff; 25 (e) professional jury or trial consultants, mock jurors, and Professional 26 Vendors to whom disclosure is reasonably necessary for this Action and who have 27 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 28 (f) the author or recipient of a document containing the information or a 10 Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 11 of 17 Page ID #:206

1 custodian or other person who otherwise possessed or knew the information, or a 2 deponent or deponents testifying on a Party or Parties’ behalf under Rule 30(b)(6); 3 (g) during their depositions, witnesses, and attorneys for witnesses, in the 4 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 5 requests that the witness sign the “Acknowledgment and Agreement to Be Bound” 6 (Exhibit A); and (2) they will not be permitted to keep any Protected Material unless 7 they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 8 otherwise agreed by the Designating Party or ordered by the court. Pages of 9 transcribed deposition testimony or exhibits to depositions that reveal Protected 10 Material may be separately bound by the court reporter and may not be disclosed to 11 anyone except as permitted under this Protective Order; and 12 (h) any mediator or settlement officer, and their supporting personnel, 13 mutually agreed upon by any of the parties engaged in settlement discussions. 14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 15 PRODUCED IN OTHER LITIGATION 16 If a Party is served with a subpoena or a court order issued in other litigation 17 that compels disclosure of any information or items designated in this Action as 18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 19 ONLY,” that Party must: 20 (a) promptly notify in writing the Designating Party. Such notification 21 shall include a copy of the subpoena or court order unless prohibited by law; 22 (b) promptly notify in writing the party who caused the subpoena or order 23 to issue in the other litigation that some or all of the material covered by the 24 subpoena or order is subject to this Protective Order. Such notification shall include 25 a copy of this Protective Order; and 26 (c) cooperate with respect to all reasonable procedures sought to be 27 pursued by the Designating Party whose Protected Material may be affected. 28 If the Designating Party timely seeks a protective order, the Party served with 11 Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 12 of 17 Page ID #:207

1 the subpoena or court order shall not produce any information designated in this 2 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ 3 EYES ONLY” before a determination by the court from which the subpoena or 4 order issued, unless the Party has obtained the Designating Party’s permission, or 5 unless otherwise required by the law or court order. The Designating Party shall 6 bear the burden and expense of seeking protection in that court of its confidential 7 material and nothing in these provisions should be construed as authorizing or 8 encouraging a Receiving Party in this Action to disobey a lawful directive from 9 another court. 10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 11 PRODUCED IN THIS LITIGATION 12 (a) The terms of this Order are applicable to information produced by a 13 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 14 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information produced by 15 Non-Parties in connection with this litigation is protected by the remedies and relief 16 provided by this Order. Nothing in these provisions should be construed as 17 prohibiting a Non-Party from seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party’s confidential information in its possession, and the Party is 20 subject to an agreement with the Non-Party not to produce the Non-Party’s 21 confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non-Party 23 that some or all of the information requested is subject to a confidentiality 24 agreement with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Protective 26 Order in this Action, the relevant discovery request(s), and a reasonably specific 27 description of the information requested; and 28 (3) make the information requested available for inspection by the 12 Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 13 of 17 Page ID #:208

1 Non-Party, if requested. 2 (c) If a Non-Party fails to seek a protective order from this court within 14 3 days of receiving the notice and accompanying information, the Receiving Party 4 may produce the Non-Party’s confidential information responsive to the discovery 5 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 6 not produce any information in its possession or control that is subject to the 7 confidentiality agreement with the Non-Party before a determination by the court 8 unless otherwise required by the law or court order. Absent a court order to the 9 contrary, the Non-Party shall bear the burden and expense of seeking protection in 10 this court of its Protected Material. 11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 13 Protected Material to any person or in any circumstance not authorized under this 14 Protective Order, the Receiving Party must immediately (a) notify in writing the 15 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 16 all unauthorized copies of the Protected Material, (c) inform the person or persons to 17 whom unauthorized disclosures were made of all the terms of this Order, and 18 (d) request such person or persons to execute the “Acknowledgment and Agreement 19 to Be Bound” (Exhibit A). 20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 21 OTHERWISE PROTECTED MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain 23 inadvertently produced material is subject to a claim of privilege or other protection, 24 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 25 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 26 procedure may be established in an e-discovery order that provides for production 27 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 28 (e), insofar as the parties reach an agreement on the effect of disclosure of a 13 Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 14 of 17 Page ID #:209

1 communication or information covered by the attorney-client privilege or work 2 product protection, the parties may incorporate their agreement into this Protective 3 Order. 4 12. MISCELLANEOUS 5 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 6 person to seek its modification by the Court in the future. 7 12.2 Right to Assert Other Objections. No Party waives any right it 8 otherwise would have to object to disclosing or producing any information or item 9 on any ground not addressed in this Protective Order. Similarly, no Party waives 10 any right to object on any ground to use in evidence of any of the material covered 11 by this Protective Order. 12 12.3 Filing Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Civil Local Rule 79-5. Protected Material 14 may only be filed under seal pursuant to a court order authorizing the sealing of the 15 specific Protected Material at issue. If a Party’s request to file Protected Material 16 under seal is denied by the court, then the Receiving Party may file the information 17 in the public record unless otherwise instructed by the court. 18 13. FINAL DISPOSITION 19 After the final disposition of this Action, as defined in Section 4, within 60 20 days of a written request by the Designating Party, each Receiving Party must return 21 all Protected Material to the Producing Party or destroy such material. As used in 22 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 23 summaries, and any other format reproducing or capturing any of the Protected 24 Material. Whether the Protected Material is returned or destroyed, the Receiving 25 Party must submit a written certification to the Producing Party (and, if not the same 26 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 27 (by category, where appropriate) all the Protected Material that was returned or 28 destroyed and (2) affirms that the Receiving Party has not retained any copies, 14 Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 15 of 17 Page ID #:210

1 abstracts, compilations, summaries or any other format reproducing or capturing any 2 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 3 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 4 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 5 reports, attorney work product, and consultant and expert work product, even if such 6 materials contain Protected Material. Any such archival copies that contain or 7 constitute Protected Material remain subject to this Protective Order as set forth in 8 Section 4. 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 15 Case □□□□□□□□□□□□□□□□□□□□□ Document 41 Filed 01/25/23 Page16of17 Page ID#:211

1 14. Any violation of this Order may be punished by appropriate measures 2 || including, without limitation, contempt proceedings and/or monetary sanctions. 4 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 || DATED: January 25, 2023 8 || /s/ Benjamin F. Tookey 9 || Attorneys for Plaintiff 10 11 || DATED: January 25, 2023 12 13 || /s/ Thomas P. Burke Jr. 14 || Attorneys for Defendants 15 16 The filer attests that all signatories listed, and on whose behalf this filing is 17 || submitted, concur in this filing’s content and have authorized its filing. 18 19 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 . 21 || DATED: January 25, 2023 Rayehin a. —— 22 United States Macistrate Judge 23 24 25 26 27 28 16

Case 2:22-cv-03741-FLA-RAO Document 41 Filed 01/25/23 Page 17 of 17 Page ID #:212

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Protective Order that was issued 7 by the United States District Court for the Central District of California on 8 _________________________ in the case of Universal Dyeing & Printing, Inc. v. 9 Zoetop Business Co., Ltd., et al., Case No. 2:22-cv-03741-FLA-RAO. I agree to 10 comply with and to be bound by all the terms of this Protective Order and I 11 understand and acknowledge that failure to so comply could expose me to sanctions 12 and punishment in the nature of contempt. I solemnly promise that I will not 13 disclose in any manner any information or item that is subject to this Protective 14 Order to any person or entity except in strict compliance with the provisions of this 15 Order. 16 I further agree to submit to the jurisdiction of the United States District Court 17 for the Central District of California for the purpose of enforcing the terms of this 18 Protective Order, even if such enforcement proceedings occur after termination of 19 this action. I hereby appoint __________________________ [print or type full 20 name] of _______________________________________ [print or type full address 21 and telephone number] as my California agent for service of process in connection 22 with this action or any proceedings related to enforcement of this Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ 27 28 17