Meridian Textiles, Inc. v. Erin Fetherston, LLC et al

Filing 54

PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order 53 : NOTE: CHANGES MADE BY THE COURT: (see attached) (jm)

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NOTE: CHANGES MADE BY THE COURT

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MERIDIAN TEXTILES, INC., a
California corporation,

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Plaintiff,

Case No. 14-cv-3137 DMG (FFMx)
DISCOVERY MATTER

v.
ERIN FETHERSTON, LLC, et al.

[PROPOSED] PROTECTIVE
ORDER

Defendants.

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Pursuant to the parties Joint Stipulation for Protective Order, the Court hereby
orders as follows:

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GOOD CAUSE STATEMENT

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It is the intent of the parties and the Court that information will not be

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designated as confidential for tactical reasons in this case and that nothing shall be

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designated without a good faith belief that there is good cause why it should not be

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part of the public record of this case. Examples of confidential information that the

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parties may seek to protect from unrestricted or unprotected disclosure include:

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(a)

Information that is the subject of a non-disclosure or
confidentiality agreement or obligation;

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1148385/3931.002

(b)

The names, or other information tending to reveal the identity
of a party’s supplier, distributor, or designer;
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[PROPOSED] PROTECTIVE ORDER

(c)

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Agreements with third-parties, including license agreements,

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distributor agreements, manufacturing agreements, design

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agreements, development agreements, supply agreements, sales

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agreements, or service agreements;

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(d)

Research and development information;

(e)

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Proprietary engineering or technical information, including

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product design, manufacturing techniques, processing

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information, drawings, memoranda and reports;

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(f)

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Information related to budgets, sales, profits, costs, margins,

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licensing of technology or designs, product pricing, or other

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internal financial/accounting information, including non-public

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information related to financial condition or performance and

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income or other non-public tax information;

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(g)

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Information related to internal operations including personnel
information;

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(h)

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Information related to past, current and future product
development;

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(i)

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Information related to past, current and future market analyses

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and business and marketing development, including plans,

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strategies, forecasts and competition; and

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1148385/3931.002

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[PROPOSED] PROTECTIVE ORDER

(j)

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information is located).

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Trade secrets (as defined by the jurisdiction in which the

Unrestricted or unprotected disclosure of such confidential technical,

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commercial or personal information would result in prejudice or harm to the

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producing party by revealing the producing party’s competitive confidential

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information, which has been developed at the expense of the producing party and

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which represents valuable tangible and intangible assets of that party. Additionally,

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privacy interests must be safeguarded. Accordingly, the parties respectfully submit

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that there is good cause for the entry of this Protective Order.

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The parties agree, subject to the Court’s approval, that the following terms and
conditions shall apply to this civil action.

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1.

Designated Material.

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1.1

Information or material may be designated for confidential treatment

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pursuant to this Protective Order by any party, person or entity producing or lodging it

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in this action (the “Designating Party”), if: (a) produced or served, formally or

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informally, pursuant to the Federal Rules of Civil Procedure or in response to any

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other formal or informal discovery request in this action; and/or (b) filed or lodged

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with the Court. All such information and material and all information or material

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derived from it constitutes “Designated Material” under this Protective Order.

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1.2

Unless and until otherwise ordered by the Court or agreed to in writing

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by the parties, all Designated Materials designated under this Protective Order shall be

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used by the parties and persons receiving such Designated Materials solely for

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conducting the above-captioned litigation and any appellate proceeding relating

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thereto. Designated Material shall not be used by any party or person receiving them

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for any business or any other purpose. No party or person shall disclose Designated

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Material to any other party or person not entitled to receive such Designated Material

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under the specific terms of this Protective Order. For purposes of this Protective

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Order, “disclose” or “disclosed” means to show, furnish, reveal or provide, indirectly

1148385/3931.002

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[PROPOSED] PROTECTIVE ORDER

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or directly, any portion of the Designated Material or its contents, orally or in writing,

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including the original or any copy of the Designated Material.

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2.

Access to Designated Materials.

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2.1

Materials Designated “CONFIDENTIAL”: Subject to the limitations set

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forth in this Protective Order, Designated Material may be marked

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“CONFIDENTIAL” for the purpose of preventing the disclosure of information or

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materials that the designating party in good faith believes is confidential. Before

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designating any specific information or material “CONFIDENTIAL,” the Designating

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Party’s counsel shall make a good faith determination that the information warrants

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protection under Rule 26(c) of the Federal Rules of Civil Procedure. Such information

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may include, but is not limited to:
(a)

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The financial performance or results of the Designating Party, including

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without limitation income statements, balance sheets, cash flow analyses, budget

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projections, and present value calculations;
(b)

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Corporate and strategic planning by the Designating Party, including

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without limitation marketing plans, competitive intelligence reports, sales projections

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and competitive strategy documents;
(c)

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Names, addresses, and other information that would identify prospective

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customers, or the distributors or prospective distributors of the Designating Party,

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however it is expressly understood and agreed that the names of vendors and

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customers for the allegedly infringing goods at issue, other than individuals, may shall

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not be deemed confidential, and Plaintiff is free to amend the operative pleadings to

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add such customers as appropriate;
(d)

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Technical data, research and development data, and any other

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confidential commercial information, including but not limited to trade secrets of the

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Designating Party;

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[PROPOSED] PROTECTIVE ORDER

(e)

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Information used by the Designating Party in or pertaining to its trade or

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business, which information the Designating Party believes in good faith has

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competitive value, which is not generally known to others and which the Designating

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Party would not normally reveal to third parties except in confidence, or has

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undertaken with others to maintain in confidence;
(f)

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Information which the Designating Party believes in good faith falls

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within the right to privacy guaranteed by the laws of the United States or California;

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and

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(g)

Information which the Designating Party believes in good faith to

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constitute, contain, reveal or reflect proprietary, financial, business, technical, or other

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confidential information.

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(h)

The fact that an item or category is listed as an example in this or other

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sections of this Protective Order does not, by itself, render the item or category

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discoverable.

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2.1.0

Materials designated “CONFIDENTIAL” may be disclosed only to the

following Designees:
2.1.1

Persons who appear on the face of Designated Materials marked

“CONFIDENTIAL” as an author, addressee, or recipient thereof;
2.1.2

Counsel retained as outside litigation attorneys of record in this action,

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and their respective associates, clerks, legal assistants, stenographic, videographic and

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support personnel, and other employees of such outside litigation attorneys, and

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organizations retained by such attorneys to provide litigation support services in this

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action and the employees of said organizations. “Counsel” explicitly excludes any in-

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house counsel whether or not they are attorneys of record in this action.

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2.1.3 Consultants, including non-party experts and consultants retained or

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employed by Counsel to assist in the preparation of the case, to the extent they are

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reasonably necessary to render professional services in this action, and subject to the

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disclosure requirements of section 2.3. Each consultant must sign a certification that

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[PROPOSED] PROTECTIVE ORDER

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he or she has read this Stipulated Protective Order, will abide by its provisions, and

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will submit to the jurisdiction of this Court regarding the enforcement of this Order’s

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provisions.
2.1.4 A party’s officers and/or employees, which may include in-house

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counsel.
2.1.5 The Court, its clerks and secretaries, and any court reporter retained to

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record proceedings before the Court;
2.2

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Materials Designated “HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY”: Subject to the limitations in this Protective Order, Designated

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Materials may be marked “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” for the purpose of preventing the disclosure of information or materials

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which, if disclosed to the receiving party, might cause competitive harm to the

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Designating Party. Information and material that may be subject to this protection

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includes, but is not limited to, technical and/or research and development data,

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intellectual property, financial, marketing and other sales data, and/or information

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having strategic commercial value pertaining to the Designating Party’s trade or

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business. Nothing in paragraph 2.1 shall limit the information or material that can be

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designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under this

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paragraph. Before designating any specific information “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY,” the Designating Party’s counsel shall make a good

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faith determination that the information warrants such protection.
2.2.0

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Materials designated “HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY” materials may be disclosed only to the following Designees:
2.2.1

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Persons who appear on the face of Designated Materials marked

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” as an author,

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addressee, or recipient thereof;
2.2.2

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Counsel for the parties to this action, as defined in section 2.1.2;

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[PROPOSED] PROTECTIVE ORDER

2.2.3

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The Court, its clerks and secretaries, and any court reporter retained to

and

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Consultants for the parties to this action, as defined in section 2.1.3;

2.2.4

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record proceedings before the Court.

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2.2.5

Court reporters retained to transcribe depositions.

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2.3

If any party wishes to disclose information or materials designated

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under this Protective Order as “HIGHLY CONFIDENTIAL,” “CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” to any Consultant, it must first identify that individual

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to the Counsel for the Designating Party and submit a Certification of Consultant

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pursuant to Section 3. CONFIDENTIAL – ATTORNEYS’ EYES ONLY
2.4

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Legal Effect of Designation. The designation of any information or

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materials as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY” is intended solely to facilitate the conduct of this litigation. Neither

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such designation nor treatment in conformity with such designation shall be construed

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in any way as an admission or agreement by any party that the Designated Materials

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constitute or contain any trade secret or confidential information. Except as provided

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in this Protective Order, no party to this action shall be obligated to challenge the

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propriety of any designation, and a failure to do so shall not preclude a subsequent

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attack on the propriety of such designation.
2.5

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Nothing herein in any way restricts the ability of the receiving party to

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use “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” material produced to it in examining or cross-examining any employee or

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consultant of the Designating Party.
2.6

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The parties agree that the Plaintiff may be provided the alleged

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infringers’ full identities, revenues, and gross profits numbers, notwithstanding any

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party’s designation of documents showing such figures as “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY”.

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[PROPOSED] PROTECTIVE ORDER

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3.

Certificates Concerning Designated Materials. Each Consultant as

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defined in section 2.1.3, to whom any Designated Materials will be disclosed shall,

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prior to disclosure of such material, execute the Acknowledgement of Stipulated

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Protective Order in the form attached hereto as Exhibit A. Counsel who makes any

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disclosure of Designated Materials shall retain each executed Acknowledgement of

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Stipulated Protective Order and shall circulate copies to all Counsel for the opposing

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party concurrently with the identification of the Consultant to the attorneys for the

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Designating Party pursuant to Section 2.3.

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4.

Use of Designated Materials by Designating Party. Nothing in this

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Protective Order shall limit a Designating Party’s use of its own information or

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materials, or prevent a Designating Party from disclosing its own information or

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materials to any person. Such disclosure shall not affect any designations made

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pursuant to the terms of this Protective Order, so long as the disclosure is made in a

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manner that is reasonably calculated to maintain the confidentiality of the information.

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5.

Manner of Designating Written Materials.

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5.1

Documents, discovery responses and other written materials shall be

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designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY” whether in whole or in part, as follows.

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5.2

The producing party shall designate materials by placing the legend

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“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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on each page so designated prior to production. If the first or cover page of a multi-

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page document bears the legend “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” the entire document shall be deemed so designated,

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and the absence of marking each page shall not constitute a waiver of the terms of this

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Order. If the label affixed to a computer disk containing multiple files bears the legend

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“CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” the entire

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disk shall be deemed so protected, and the absence of marking of each file shall not

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constitute a waiver of the terms of this Order.

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[PROPOSED] PROTECTIVE ORDER

5.3

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A designation of ““CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY” as to any item, thing or object that cannot otherwise

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be categorized as a document, shall be made: (1) by placing the legend

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“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” on the thing, object or container within which it is stored; or (2) by

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specifically identifying, in writing, the item and the level of confidentiality

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designation, where such labeling is not feasible.
5.4

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When a party wishes to designate as “CONFIDENTIAL,” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” materials produced by someone

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other than the Designating Party (a “Producing Party”), such designation shall be

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made:
5.4.1 Within fifteen (15) business days from the date that the Designating Party

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receives copies of the materials from the producing or disclosing entity; and
5.4.2 By notice to all parties to this action and to the Producing Party, if such

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party is not a party to this action, identifying the materials to be designated with

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particularity (either by production numbers or by providing other adequate

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identification of the specific material). Such notice shall be sent by facsimile and

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regular mail.

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5.4.3. A party shall be permitted to designate as “CONFIDENTIAL,” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” material produced by

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a Producing Party only where:
a.

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The material being produced was provided to or developed by such

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Producing Party: (i) under a written confidentiality agreement with the Designating

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Party; or (ii) within a relationship with the Designating Party (or a party operating

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under the control thereof) in which confidentiality is imposed by law (including, but

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not limited, to the employment relationship and the vendor-customer relationship);

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and

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[PROPOSED] PROTECTIVE ORDER

b.

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The material being produced would be considered confidential material

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of the Designating Party under Section 2.1 of this Agreement if it were in the

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possession of the Designating Party.
5.5

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designation of materials shall:
5.5.1 Make no further disclosure of such Designated Material or information

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contained therein, except as allowed in this Protective Order;
5.5.2 Take reasonable steps to notify any persons known to have possession of

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Upon notice of designation, all persons receiving notice of the requested

or access to such Designated Materials of the effect of such designation under this
Protective Order; and
5.5.3 If “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” material or information contained therein is disclosed

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to any person other than those entitled to disclosure in the manner authorized by this

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Protective Order, the party responsible for the disclosure shall, immediately upon

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learning of such disclosure, inform the Designating Party in writing of all pertinent

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facts relating to such disclosure, and shall make every effort to prevent further

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disclosure by the unauthorized person(s).

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6.

Manner of Designating Deposition Testimony.

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6.1

Deposition transcripts and portions thereof taken in this action may be

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designated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY” during the deposition or after, in which case the portion of the

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transcript containing Designated Material shall be identified in the transcript by the

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Court Reporter as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY.” The designated testimony shall be bound in a separate

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volume and marked by the reporter accordingly.

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[PROPOSED] PROTECTIVE ORDER

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6.2

Where testimony is designated during the deposition, the Designating

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Party shall have the right to exclude, at those portions of the deposition, all persons

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not authorized by the terms of this Protective Order to receive such Designated

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Material.

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6.3

Within thirty (30) days after a deposition transcript is certified by the

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court reporter, any party may designate pages of the transcript and/or its exhibits as

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Designated Material. During such thirty (30) day period, the transcript in its entirety

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shall be treated as “CONFIDENTIAL” (except for those portions identified earlier as

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” which shall be treated

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accordingly from the date of designation). If any party so designates such material, the

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parties shall provide written notice of such designation to all parties within the thirty

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(30) day period. Designated Material within the deposition transcript or the exhibits

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thereto may be identified in writing by page and line, or by underlining and marking

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such portions “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY” and providing such marked-up portions to all counsel.

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7.

Copies. All complete or partial copies of a document that disclose

Designated Materials shall be subject to the terms of this Protective Order.

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8.

Court Procedures.

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8.1

Disclosure of Designated Material to Court Officials. Subject to the

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provisions of this section, Designated Material may be disclosed to the Court, Court

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officials or employees involved in this action (including court reporters, persons

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operating video recording equipment at depositions, and any special master, referee,

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expert, technical advisor or Third-Party Consultant appointed by the Court), and to the

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jury in this action, and any interpreters interpreting on behalf of any party or deponent.

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8.2

Filing Designated Materials with the Court. Nothing in this Order shall

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vary the requirements for filing under Seal imposed by the Federal Rules of Civil

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Procedure or the Local Rules of this Court. If a party wishes to file with the Court any

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document, transcript or thing containing information which has been designated

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[PROPOSED] PROTECTIVE ORDER

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“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” the Party shall designate the material as set forth herein and file it with the

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Court in an application for filing under seal under the Local Rules of this Court, with

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the material bearing the legend:
“[CONFIDENTIAL, or HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY] INFORMATION SUBJECT TO PROTECTIVE ORDER.” The

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Application for Filing under Seal must show good cause for the under seal filing.

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Filing the document under seal shall not bar any party from unrestricted use or

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dissemination of those portions of the document that do not contain material

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designated “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY.” If a filing party fails to designate information as “CONFIDENTIAL,”

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or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” any party who in

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good faith believes that designation and filing under seal is required by this Protective

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Order may move the Court to file said information under seal within five (5) days of

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learning of the defective filing. Notice of such designation shall be given to all parties.

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Nothing in this provision relieves a party of liability for damages caused by failure to

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properly file Designated Material under seal.
8.3

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Retrieval of Designated Materials. The party responsible for lodging or

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filing the Designated Materials shall be responsible for retrieving such Designated

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Materials from the Court following the final termination of the action (including after

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any appeals).

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9.

Objections

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9.1

A party may challenge any designation under this Protective Order at any

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time, on the grounds that the information or material does not meet the standards of

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Sections 1 and 2, by following the procedure of Local Rule 37 of this Court.
9.2

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The parties shall meet and confer in good faith prior to the filing of any

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motion under this section.

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[PROPOSED] PROTECTIVE ORDER

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10.

Client Communication. Nothing in this Protective Order shall prevent or

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otherwise restrict counsel from rendering advice to their clients and, in the course of

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rendering such advice, relying upon the examination of Designated Material. In

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rendering such advice and otherwise communicating with the client, however, counsel

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shall not disclose any Designated Material, except as otherwise permitted by this

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Protective Order.

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11.

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11.1 This Protective Order shall not diminish any existing obligation or right

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No Prejudice.

with respect to Designated Material, nor shall it prevent a disclosure to which the
Designating Party consented in writing before the disclosure takes place.
11.2 Unless the parties stipulate otherwise, evidence of the existence or

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nonexistence of a designation under this Protective Order shall not be admissible for

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any purpose during any proceeding on the merits of this action.

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11.3 If any party required to produce documents contends that it inadvertently

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produced any Designated Material without marking it with the appropriate legend, or

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inadvertently produced any Designated Material with an incorrect legend, the

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producing party may give written notice to the receiving party or parties, including

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appropriately stamped substitute copies of the Designated Material. If the parties

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collectively agree to replacement of the Designated Material, then the documents will

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be so designated. Within five (5) business days of receipt of the substitute copies, the

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receiving party shall return the previously unmarked or mismarked items and all

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copies thereof. If the parties do not collectively agree to replacement of the

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Designated Material, the producing party shall comply with the procedure of Local

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Rule 37 in seeking protection for the inadvertently produced material.

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11.4 Neither the provisions of this Protective Order, nor the filing of any

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material under seal, shall prevent the use in open court, in deposition, at any hearing,

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or at trial of this case of any material that is subject to this Protective Order or filed

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under seal pursuant to its provisions. At deposition, the party using Designated

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[PROPOSED] PROTECTIVE ORDER

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Material must request that the portion of the proceeding where use is made be

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conducted so as to exclude persons not qualified to receive such Designated Material.

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At trial, the party using Designated Material must request that the portion of the

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proceeding where use is made be conducted so as to exclude persons not qualified to

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receive such Designated Material. All confidentiality designations or legends placed

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pursuant to this Stipulated Protective Order shall be removed from any document or

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thing used as a trial exhibit in this case. The removal of such confidentiality

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designations or legends under the preceding sentence shall not affect the treatment of

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such documents and things as Designated Material under this Stipulated Protective

10

Order. Upon request of a party, the parties shall meet and confer concerning the use

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and protection of Designated Material in open court at any hearing. Prior to the

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pretrial conference, the parties shall meet and confer concerning appropriate methods

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for dealing with Designated Material at trial.

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11.5 Any inadvertent production of documents containing privileged

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information shall not be deemed to be a waiver of the attorney-client privilege, work

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product doctrine, or any other applicable privilege or doctrines. All parties specifically

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reserve the right to demand the return of any privileged documents that it may produce

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inadvertently during discovery if the producing party determines that such documents

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contain privileged information. After receiving notice of such inadvertent production

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by the producing party, the receiving party agrees to make reasonable and good faith

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efforts to locate and return to the producing party all such inadvertently produced

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documents.

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12.

Modification and Survival.

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12.1

Modification. The parties reserve the right to seek modification of this

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Protective Order at any time for good cause. The parties agree to meet and confer

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prior to seeking to modify this Protective Order for any reason. The restrictions

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imposed by this Protective Order may only be modified or terminated by written

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stipulation of all parties or by order of this Court. Parties entering into this Protective

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[PROPOSED] PROTECTIVE ORDER

1

Order will not be deemed to have waived any of their rights to seek later amendment

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to this Protective Order.

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12.2 Trial. The parties understand that this Protective Order does not extend to

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trial of this Action. Once the case proceeds to trial, all of the information that was

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designated as confidential and/or kept and maintained pursuant to the terms of this

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Protective Order becomes public and will be presumptively available to all members

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of the public, including the press, unless good cause is shown to the district judge in

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advance of the trial to proceed otherwise.

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12.3 Survival and Return of Designated Material. This Protective Order shall

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survive termination of this action prior to trial of this action. Upon final termination of

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the action prior to trial of this action, and at the written request of the Designating

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Party, all Designated Material, including deposition testimony, and all copies thereof,

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shall be returned to counsel for the Designating Party (at the expense of the

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Designating Party) or (at the option and expense of the requesting party) shall be

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destroyed. Upon request for the return or destruction of Designated Materials, counsel

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shall certify their compliance with this provision and shall serve such certification to

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counsel for the Designating Party not more than ninety (90) days after the written

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request to return or destroy Designated Materials. Counsel who have submitted one or

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more Certificate(s) prepared pursuant to Section 3 do not need to retain such

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Certificate(s) past the ninety (90) day period.

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No Contract. This Protective Order shall not be construed to create a

contract between the parties or between the parties and their respective counsel.
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Court’s Retention of Jurisdiction. The Court retains jurisdiction after

final termination of the action prior to trial, to enforce this Stipulation.
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Exception for Public Information. Nothing in this Stipulation shall be

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deemed in any way to restrict the use of documents or information which are lawfully

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obtained or publicly available to a party independently of discovery in this action,

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whether or not the same material has been obtained during the course of discovery in

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the action and whether or not such documents or information have been designated

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hereunder. However, in the event of a dispute regarding such independent acquisition,

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a party wishing to use any independently acquired documents or information shall

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bear the burden of proving independent acquisition.
16.

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Any material designated “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by a party will be deemed by the

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Designating Party to this agreement to be authentic and a business record of the

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Designating Party, and the Designating Party will be precluded from challenging the

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authenticity of any document so designated at any time during this litigation,

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including during any necessary collection or appeal proceedings. To the extent that

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such material is not a business record of the Designating Party and was not created by

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the Designating Party, the non-producing party for which the material is a business

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record shall have opportunity to challenge the authenticity of the material so

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designated.
17. If a party to whom “CONFIDENTIAL,” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” material has been produced

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is subpoenaed or ordered by another court or administrative agency to produce

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information that is subject to this protective order, such party shall notify

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promptly the party who produced the material of the pending subpoena or order.

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It is the producing party’s responsibility to take whatever action it deems

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appropriate to challenge the subpoena or order in the issuing court or agency.

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The party subject to the subpoena or order shall not produce

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“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” materials in advance of the date required by the subpoena or order.

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///

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///

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///

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///

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Nothing herein shall be construed as relieving anyone subject to this order from

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any obligation to comply with a validly issued subpoena or order. (FFM)

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IT IS SO ORDERED.

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Dated: October 21, 2014

/S/ FREDERICK F. MUMM
Magistrate Judge Frederick F. Mumm
United States Magistrate Judge

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[PROPOSED] PROTECTIVE ORDER

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _______________________________________ [print or type full

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name], of _______________________________________ [print or type full company

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name and address], declare under penalty of perjury that I have read in its entirety and

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understand the Stipulated Protective Order that was issued by the United States

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District Court for the Central District of California on ___________ [date] in the case

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of Meridian Textiles, Inc. v. Erin Fetherston, LLC et al., Case No. 2:14-cv-03137

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DMG (FFMx). I agree to comply with and to be bound by all the terms of this

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Stipulated Protective Order and I understand and acknowledge that failure to so

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comply could expose me to sanctions and punishment in the nature of contempt. I

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solemnly promise that I will not disclose in any manner any information or item that is

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subject to this Stipulated Protective Order to any person or entity except in strict

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compliance with the provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District Court

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for the Central District of California for the purpose of enforcing the terms of this

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action.

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Date: __________________________

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City and State where sworn and signed: __________________________

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Printed name: __________________________

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Signature: __________________________

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