Jaguar Land Rover Limited v. Santa Monica Rover, Inc.

Filing 38

STIPULATED PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 34 , 37 . IT IS HEREBY STIPULATED, pursuant to Rule 29 of the Federal Rules of Civil Procedure, by and between Plaintiff Jaguar Land Rover L imited and Defendant Santa Monica Rover, Inc. (collectively, the "Parties"), and, subject to the approval of the Court pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, that the following Stipulated Protective Order (the &q uot;Order") shall govern the handling of discovery documents and information, which shall consist of documents, depositions, deposition exhibits, interrogatory responses, admissions, and any other materials produced, given, or exchanged by and among the Parties and any non-parties in connection with discovery in this action. (See Order for details) (bem)

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Joel M. Tantalo, SBN 206096
Email: [e-mail]
Michael S. Adler, SBN 190119
Email: [e-mail]
TANTALO & ADLER LLP
1901 Avenue of the Stars, Suite 1000
Los Angeles, CA 90067-6012
Telephone: [phone]
Facsimile: [phone]
Deborah J. Swedlow (admitted pro hac vice)
Email: [e-mail]
Anessa Owen Kramer (admitted pro hac vice)
Email: [e-mail]
Brittany D. Parling (admitted pro hac vice)
Email: [e-mail]
HONIGMAN MILLER SCHWARTZ
AND COHN LLP
130 South First Street, Fourth Floor
Ann Arbor, Michigan 48104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Jaguar Land Rover
Limited
James S. Williams, SBN 78582
Email: [e-mail]
MURCHISON & CUMMING, LLP
801 South Grand Avenue, 9th Floor
Los Angeles, CA, 90017
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Santa Monica
Rover, Inc.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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JAGUAR LAND ROVER LIMITED, CASE NO.: 2:14–cv–04631–AB–AGR
a foreign corporation,
Hon. André Birotte Jr.

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Plaintiff,

STIPULATED PROTECTIVE ORDER

v.

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SANTA MONICA ROVER, INC.,
a California corporation,

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Defendant.

STIPULATED PROTECTIVE ORDER

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STIPULATION
IT IS HEREBY STIPULATED, pursuant to Rule 29 of the Federal Rules of
Civil Procedure, by and between Plaintiff Jaguar Land Rover Limited and Defendant
Santa Monica Rover, Inc. (collectively, the “Parties”), and, subject to the approval of
the Court pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, that the
following Stipulated Protective Order (the “Order”) shall govern the handling of
discovery documents and information, which shall consist of documents, depositions,
deposition exhibits, interrogatory responses, admissions, and any other materials
produced, given, or exchanged by and among the Parties and any non-parties in
connection with discovery in this action:
1.

Purposes and Limitations.

Discovery in this action is likely to involve production of confidential,
proprietary, or private information for which special protection from public disclosure
and from use for any purpose other than prosecuting this litigation may be warranted.
Accordingly, the Parties hereby stipulate to and petition the Court to enter the
following Stipulated Protective Order. The Parties acknowledge that this Order does
not confer blanket protections on all disclosures or responses to discovery and that the
protection it affords from public disclosure and use extends only to the limited
information or items that are entitled to confidential treatment under the applicable
legal principles. The parties further acknowledge, as set forth in Paragraph 13.3,
below, that this Stipulated Protective Order does not entitle them to file confidential
information under seal; Civil Local Rule 79-5 and this Court’s procedures set forth the
procedures that must be followed and the standards that will be applied when a party
seeks permission from the court to file material under seal.
2.

Good Cause Statement.

This action is likely to involve trade secrets and other valuable research,
development, commercial, financial, technical, and/or proprietary information for
which special protection from public disclosure and from use for any purpose other
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than prosecution of this action is warranted. Such confidential and proprietary
materials and information consist of, among other things, confidential business
practices, or other confidential research, development, or commercial information,
information otherwise generally unavailable to the public, or which may be privileged
or otherwise protected from disclosure under state or federal statutes, court rules, case
decisions, or common law. Accordingly, to expedite the flow of information, to
facilitate the prompt resolution of disputes over confidentiality of discovery materials,
to adequately protect information the Parties are entitled to keep confidential, to ensure
that the Parties are permitted reasonably necessary uses of such material in preparation
for and in the conduct of trial, to address their handling at the end of litigation, and
serve the ends of justice, a protective order for such information is justified in this
matter. It is the intent of the Parties that information will not be designated as
confidential for tactical reasons and that nothing be so designated without a good faith
belief that it has been maintained in a confidential, non-public manner, and there is
good cause why it should not be part of the public record of this case.
3.

Definitions.

3.1

Action: The above-captioned action and any appellate proceeding in the

above-captioned action.
3.2

Attorneys’ Eyes Only Information or Items: information (regardless of

how it is generated, stored, or maintained) or tangible things that reflect, refer to, or
evidence highly sensitive proprietary, business, financial, strategic, tax, valuation, or
other data or information, the disclosure of which to anyone not specifically included
in Paragraph 8.3 would cause commercial or competitive injury or harm to the
Designating Party.
3.2

Challenging Party: a Party or Non-Party that challenges the designation

of information or items under this Order.
3.3

Confidential Information or Items: information (regardless of how it is

generated, stored, or maintained) or tangible things that qualify for protection under
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Rule 26(c) of the Federal Rules of Civil Procedure, and as specified above in the Good
Cause Statement.
3.4

Attorney or Counsel: Outside Counsel of Record and In-House Counsel

for any Party in the Action, as well as employees of such counsel reasonably necessary
to assist such counsel in the litigation of the Action.
3.5

Designating Party: a Party or Non-Party that designates information or

items that it produces in disclosures or in responses to discovery as
“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”
3.6

Disclosure or Discovery Material: all items or information, regardless of

the medium or manner in which it is generated, stored, or maintained (including,
among other things, testimony, transcripts, and tangible things), that are produced or
generated in disclosures or responses to discovery in this matter.
3.7

Expert: a person with specialized knowledge or experience in a matter

pertinent to the litigation who has been retained by a Party or its counsel to serve as an
expert witness or as a consultant in this Action.
3.8

In-House Counsel: attorneys who are employees of a Party to this Action.

In-House Counsel does not include Outside Counsel of Record or any other outside
counsel.
3.9

Non-Party: any natural person, partnership, corporation, association, or

other legal entity not named as a Party to this Action.
3.10 Outside Attorney or Counsel of Record: attorneys who are not employees
of a Party to this Action but are retained to represent or advise a Party to this Action
and have appeared in this Action on behalf of that Party or are affiliated with a law
firm which has appeared on behalf of that Party, as well as employees of such counsel
reasonably necessary to assist such counsel in the litigation of the Action.
3.11 Party: any party to this Action, including its officers, directors, and
employees, as well as its corporate parent(s), subsidiaries, affiliates, and any disclosed
interested parties pursuant to Fed. R. Civ. P. 7.1.
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STIPULATED PROTECTIVE ORDER

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3.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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3.13 Professional Vendors: persons or entities that provide litigation support
services (e.g., court reporting, photocopying, videotaping, translating, preparing
exhibits or demonstrations, and organizing, storing, or retrieving data in any form or
medium) and their employees and subcontractors.

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3.14 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”

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3.15 Receiving Party: a Party or Non-Party that receives Disclosure or
Discovery Material from a Producing Party.

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4.

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The protections conferred by this Order cover not only Protected Material (as
defined above), but also (1) any information copied or extracted from Protected
Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
and (3) any testimony, conversations, or presentations by Parties or their Counsel that
might reveal Protected Material.

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Scope.

Any use of Protected Material at trial shall be governed by the orders of the trial
judge.
5.

Duration.

Even after final disposition of this Action, the confidentiality obligations
imposed by this Order shall remain in effect until a Designating Party agrees otherwise
in writing or a court order otherwise directs. Final disposition shall be deemed to be
the later of (1) dismissal of all claims and defenses in this Action, with or without
prejudice; and (2) final judgment herein after the completion and exhaustion of all
appeals, rehearings, remands, trials, or reviews of this Action, including the time limits
for filing any motions or applications for extension of time pursuant to applicable law.

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6.

Designating Protected Material.

6.1

Exercise of Restraint and Care in Designating Material for Protection.

Each Party or Non-Party that designates information or items for protection under this
Order must take care to limit any such designation to specific material that qualifies
under the appropriate standards. To the extent it is practical to do so, the Designating
Party must designate for protection only those parts of material, documents, items, or
oral or written communications that qualify so that other portions of the material,
documents, items, or communications for which protection is not warranted are not
swept unjustifiably within the ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations
that are shown to be clearly unjustified or that have been made for an improper
purpose (e.g., to unnecessarily encumber or retard the case development process or to
impose unnecessary expenses and burdens on other parties) expose the Designating
Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it
designated for protection do not qualify for protection at all or do not qualify for the
level of protection initially asserted, that Designating Party must promptly notify all
other Parties that it is withdrawing the inapplicable designation.
6.2

Manner and Timing of Designations. Except as otherwise provided in this

Order (see, e.g., second paragraph of section 6.2(a) below), or as otherwise stipulated
or ordered, Disclosure or Discovery Material that qualifies for protection under this
Order must be clearly so designated before the material is disclosed or produced.
Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic documents,
but excluding transcripts of depositions or other pretrial or trial proceedings), that the
Producing Party affix the legend “CONFIDENTIAL” or “ATTORNEYS’ EYES
ONLY” to each page that contains protected material. If only certain pages of a multi-

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page document contain Confidential or Attorneys’ Eyes Only Information or Items, the
Producing Party shall make reasonable efforts to designate only those page(s).
A Party or Non-Party that makes original documents or materials available for
inspection need not designate them for protection until after the inspecting Party has
indicated which material it would like copied and produced. During the inspection and
before the designation, all of the material made available for inspection shall be
deemed “ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the
documents it wants copied and produced, the Producing Party must determine which
documents, or portions thereof, qualify for protection under this Order. Then, before
producing the specified documents, the Producing Party must affix the appropriate
legend (“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY”) to each page that
contains Protected Material.
(b) for testimony given in deposition, that the Designating Party identify on the
record, before the close of the deposition, all protected testimony and specify the level
of protection being asserted. When it is impractical to identify separately each portion
of testimony that is entitled to protection and it appears that substantial portions of the
testimony may qualify for protection, the Designating Party may invoke on the record
(before the deposition, hearing, or other proceeding is concluded) a right to have up to
21 days after receipt of the official transcript to identify the specific portions of the
testimony as to which protection is sought and to specify the level of protection being
asserted. Only those portions of the testimony that are appropriately designated for
protection within the 21 days shall be covered by the provisions of this Order.
Alternatively, a Designating Party may specify, at the deposition or up to 21 days after
receipt of the official transcript if that period is properly invoked, that the entire
transcript shall be treated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”
The deposition of any witness (or any portion of such deposition) that
encompasses Confidential or Attorneys’ Eyes Only Information or Items shall be taken
only in the presence of persons who are qualified to have access to such information.
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Transcripts containing Protected Material shall have an obvious legend on the title
page that the transcript contains Protected Material, and the title page shall be followed
by a list of all pages (including line numbers as appropriate) that have been designated
as Protected Material and the level of protection being asserted by the Designating
Party. The Designating Party shall inform the court reporter of these requirements.
Any transcript that is prepared before the expiration of a 21-day period for designation
shall be treated during that period as if it had been designated “ATTORNEYS’ EYES
ONLY” in its entirety unless otherwise agreed. After the expiration of that period, the
transcript shall be treated only as actually designated.
(c) for information produced in some form other than documentary and for any
other tangible items, that the Producing Party affix in a prominent place on the exterior
of the container or containers in which the information or item is stored the legend
“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” If only a portion or portions
of the information or item warrant protection, the Producing Party, to the extent
practicable, shall identify the protected portion(s) and specify the level of protection
being asserted.
6.3

Inadvertent Failures to Designate. An inadvertent failure to designate

qualified information or items as “CONFIDENTIAL” or “ATTORNEYS’ EYES
ONLY” does not waive the Designating Party’s right to secure protection under this
Order for such material. Upon timely correction of a designation, the Receiving Party
must make reasonable efforts to assure that the material is treated in accordance with
the provisions of this Order.
7.

Challenging Confidentiality Designations.

7.1

Timing of Challenges. Any Party or Non-Party may challenge a

designation of confidentiality at any time.
7.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.

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7.3

The burden of persuasion in any such challenge proceeding shall be on the

Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
to harass or impose unnecessary expenses and burdens on other parties) may expose
the Challenging Party to sanctions. Unless the Designating Party has waived or
withdrawn the confidentiality designation, all parties shall continue to afford the
material in question the level of protection to which it is entitled under the Producing
Party’s designation until the Court rules on the challenge.
8.

Access To and Use of Protected Material.

8.1

Basic Principles. A Receiving Party may use Protected Material that is

disclosed or produced by another Party or by a Non-Party in connection with this
Action only for prosecuting, defending, or attempting to settle this Action. Such
Protected Material may be disclosed only to the categories of persons and under the
conditions described in this Order. When the Action has been terminated, a Receiving
Party must comply with the provisions of Paragraph 14 below (FINAL
DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at a
location and in a secure manner that ensures that access is limited to the persons
authorized under this Order.
8.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

ordered by the court or permitted in writing by the Designating Party, a Receiving
Party may disclose any information or item designated “CONFIDENTIAL” only to:
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
employees of said Outside Counsel of Record to whom it is reasonably necessary to
disclose the information for this Action;
(b) the officers, directors, and employees (including In-House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;

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(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure
is reasonably necessary for this litigation and who have signed the “Acknowledgment
and Agreement to Be Bound” (Exhibit A);
(d) the Court and its personnel;
(e) court reporters and their staff, professional jury or trial consultants, and
Professional Vendors to whom disclosure is reasonably necessary for this litigation;
(f) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
(g) during their depositions, witnesses in the Action to whom disclosure is
reasonably necessary and who have signed the “Acknowledgment and Agreement to
Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered
by the Court. If the witness is also an employee or agent of, or consultant to, any
competitor of the Designating Party, the Designating Party may object at this time to
the witness’ receipt of the Confidential Information or Items. If the Designating Party
objects (or in the case of a Non-Party is absent), the Confidential Information or Items
shall be withheld from the witness until the Party seeking disclosure obtains the prior
approval of the Court or the Designating Party;
(h) any mediator or settlement officer, and their supporting personnel, mutually
agreed upon by any of the Parties engaged in settlement discussions; and
(i) any person whom Counsel for the Parties agree should have access to such
materials who has signed the “Acknowledgment and Agreement to Be Bound”
(Exhibit A).
If any person entitled to receive Confidential Information or Items exclusively
pursuant to paragraphs (b), (c), or (g) above is known to be a director, officer,
manager, or full-time employee of any competitor of the Designating Party, Counsel
for the Designating Party shall be notified at least 14 days prior to the disclosure of the
Confidential Information or Items. Such notice shall provide a reasonable description
of the person(s) to whom disclosure is sought sufficient to permit objection. If the
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Designating Party objects in writing to the disclosure within 14 days after receiving
notice, no disclosure shall be made until the Party seeking disclosure obtains the prior
approval of the Court or the Designating Party. For purposes of this Paragraph, the
Parties expressly agree that “director, officer, manager, or full-time employee” does
not include a person who provides nothing more than consulting services to any
competitor of the Designating Party. Such a consultant does not trigger the
requirements of this Paragraph.
8.3

Disclosure of “ATTORNEYS’ EYES ONLY” Information or Items.

Unless otherwise ordered by the Court or permitted in writing by the
Designating Party, a Receiving Party may disclose any information or item designated
“ATTORNEYS’ EYES ONLY” only to:
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
employees of said Outside Counsel of Record to whom it is reasonably necessary to
disclose the information for this Action;
(b) Experts of the Receiving Party to whom disclosure is reasonably necessary
for this litigation and who have signed the “Acknowledgment and Agreement to Be
Bound” (Exhibit A);
(c) the Court and its personnel;
(d) court reporters and their staff, professional jury or trial consultants, and
Professional Vendors to whom disclosure is reasonably necessary for this litigation;
(e) the author or recipient of a document containing the information; and
(f) any person whom Counsel for the Parties agree should have access to such
Attorneys’ Eyes Only Information and Items who has signed the “Acknowledgment
and Agreement to Be Bound” (Exhibit A).
If any person entitled to receive Attorneys’ Eyes Only Information or Items
exclusively pursuant to paragraph (b) above is a director, officer, manager, or full-time
employee of a competitor of the Designating Party, then Counsel for the Designating
Party shall be notified at least 14 days prior to the disclosure of Attorneys’ Eyes Only
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Information or Items to that person. Such notice shall provide a reasonable description
of the person to whom disclosure is sought sufficient to permit objection. If the
Designating Party objects in writing to the disclosure within 14 days after receiving
notice, no disclosure shall be made until the Party seeking disclosure obtains the prior
approval of the Court or the Designating Party. For purposes of this section, the
Parties expressly agree that “director, officer, manager, or full-time employee” does
not include a person who provides nothing more than consulting services to a
competitor of the Designating Party.

Such a consultant does not trigger the

requirements of this Paragraph.
8.4

Counsel of record to whom Confidential Information or Items is produced

shall keep in their files the originals of all such signed Acknowledgements and
Agreements to Be Bound.
9.

Protected Material Subpoenaed or Ordered Produced In Other

Litigation.
If a Party is served with a subpoena or a court order issued in other litigation that
compels disclosure of any information or items designated in this Action as
“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order to
issue in the other litigation that some or all of the material covered by the subpoena or
order is subject to this Protective Order. Such notification shall include a copy of this
Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued by
the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with
the subpoena or court order shall not produce any information designated in this action
as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a determination by
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the court from which the subpoena or order issued, unless the Party has obtained the
Designating Party’s permission. The Designating Party shall bear the burden and
expense of seeking protection in that court of its confidential material and nothing in
these provisions should be construed as authorizing or encouraging a Receiving Party
in this action to disobey a lawful directive from another court.
10.

A Non-Party’s Protected Material Sought To Be Produced In This

Action.
(a)

The terms of this Order are applicable to information produced by a Non-

Party in this action and designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES
ONLY.” Such information produced by Non-Parties in connection with this Action is
protected by the remedies and relief provided by this Order. Nothing in these
provisions should be construed as prohibiting a Non-Party from seeking additional
protections.
(b)

In the event that a Party is required, by a valid discovery request, to

produce a Non-Party’s confidential information in its possession, and the Party is
subject to an agreement with the Non-Party not to produce the Non-Party’s
confidential information, then the Party shall:
1.

promptly notify in writing the Requesting Party and the Non-Party that

some or all of the information requested is subject to a confidentiality agreement with
a Non-Party;
2.

promptly provide the Non-Party with a copy of the Stipulated Protective

Order in this litigation, the relevant discovery request(s), and a reasonably specific
description of the information requested; and
3.

make the information requested available for inspection by the Non-Party,

if requested.
(c)

If the Non-Party fails to seek a protective order from this court within 14

days of receiving the notice and accompanying information, the Receiving Party may
produce the Non-Party’s confidential information responsive to the discovery request.
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If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
any information in its possession or control that is subject to the confidentiality
agreement with the Non-Party before a determination by the court. Absent a court
order to the contrary, the Non-Party shall bear the burden and expense of seeking
protection in this court of its Protected Material.
11.

Unauthorized Disclosure of Protected Material.

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
Protected Material to any person or in any circumstance not authorized under this
Order, the Receiving Party must immediately (a) notify in writing the Designating
Party of the unauthorized disclosures, (b) use its best efforts to retrieve all
unauthorized copies of the Protected Material, (c) inform the person or persons to
whom unauthorized disclosures were made of all the terms of this Order, and (d)
request such person or persons to execute the “Acknowledgment and Agreement to Be
Bound” that is attached hereto as Exhibit A.
12.

Inadvertent Production of Privileged or Otherwise Protected

Material.
12.1 Inadvertent Failure to Designate Information or Material as Confidential
or Attorneys’ Eyes Only. An inadvertent failure to designate qualified information or
items as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” does not waive the
Designating Party’s right to secure protection under this Order for such material. If
material is appropriately designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES
ONLY” after the material was initially produced, the Receiving Party, on timely
written notification of the designation, must make reasonable efforts to assure that the
material is treated in accordance with the provisions of this Order.
12.2 Inadvertently Produced Privilege Documents. The Parties agree that any
inadvertent production of any privileged or attorney work-product material shall not
result in the waiver of any associated privilege nor result in a subject matter waiver of
any kind. The Parties further agree, however, that the disclosure of any particular
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privileged or attorney work-product material shall cease to be “inadvertent” if, 10 days
after the Receiving Party notifies the Producing Party that it has received what it
believes could be privileged materials, the Producing Party does not request the return
of the identified potentially privileged materials.

All Parties agree to return any

privileged material inadvertently disclosed immediately upon notice of the disclosure.
Further, all Parties agree that no copies will be made of the inadvertently disclosed
materials.
13.

MISCELLANEOUS.

13.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the Court in the future.
13.2 Right to Assert Other Objections. By stipulating to the entry of this Order,
no Party waives any right it otherwise would have to object to disclosing or producing
any information or item on any ground not addressed in this Order. Similarly, no Party
waives any right to object on any ground to use in evidence of any of the material
covered by this Order.
13.3 Filing Protected Material. A Party that seeks to file under seal any
Protected Material must comply with Civil Local Rule 79-5 and this Court’s
procedures. Protected Material may only be filed under seal pursuant to a court order
authorizing the sealing of the specific Protected Material at issue.
13.4 This Order has no effect upon, and its scope shall not extend to, any
Party’s use of its own Confidential or Attorneys’ Eyes Only Information or Items.
13.5 Nothing in this Order shall prevent a Party or Non-Party who has
designated material as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” from
agreeing to release any such material from the requirements of this Order.
14.

FINAL DISPOSITION.

After the final disposition of this Action, as defined in Paragraph 5, within 60
days of a written request by the Designating Party, each Receiving Party must return
all Protected Material to the Producing Party or destroy such material. As used in this
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STIPULATED PROTECTIVE ORDER

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subdivision, “all Protected Material” includes all copies, abstracts, compilations,
summaries, and any other format reproducing or capturing any of the Protected
Material. Whether the Protected Material is returned or destroyed, the Receiving Party
must submit a written certification to the Producing Party (and, if not the same person
or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by
category, where appropriate) all the Protected Material that was returned or destroyed
and (2) affirms that the Receiving Party has not retained any copies, abstracts,
compilations, summaries or any other format reproducing or capturing any of the
Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
legal memoranda, correspondence, deposition and trial exhibits, expert reports,
attorney work product, and consultant and expert work product, even if such materials
contain Protected Material. Any such archival copies that contain or constitute
Protected Material remain subject to this Protective Order as set forth in Paragraph 5
(DURATION).
15.

Violation.

Any violation of this Order may be punished by any and all appropriate
measures including, without limitation, contempt proceedings and/or monetary
sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: February 17, 2015

TANTALO & ADLER LLP

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By: /s/
JOEL M. TANTALO
Attorneys for Plaintiff JAGUAR LAND
ROVER LIMITED

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STIPULATED PROTECTIVE ORDER

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DATED: February 17, 2015

MURCHISON & CUMMING, LLP

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By: /s/ authorized per LR 5-4.3.4(a)(2)
JAMES S. WILLIAMS
Attorneys for Defendant SANTA MONICA
ROVER, INC.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: February 17, 2015

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ALICIA G. ROSENBERG
UNITED STATES MAGISTRATE JUDGE

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STIPULATED PROTECTIVE ORDER

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EXHIBIT A

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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JAGUAR LAND ROVER LIMITED, CASE NO.: 2:14–cv–04631–AB–AGR
a foreign corporation,
Hon. André Birotte Jr.
Plaintiff,

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v.
SANTA MONICA ROVER, INC.,
a California corporation,
Defendant.

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ACKNOWLEDGMENT AND
AGREEMENT TO BE BOUND

I, _____________________________ [print or type full name], of
_________________ [print or type full address], declare under penalty of perjury
that I have read in its entirety and understand the Stipulated Protective Order that
was issued by the United States District Court for the Central District of California
on [date] in the case of Jaguar Land Rover Limited v. Santa Monica Rover, Inc.,
No. 2:14–cv–04631–AB–AGR. I agree to comply with and to be bound by all the
terms of this Stipulated Protective Order and I understand and acknowledge that
failure to so comply could expose me to sanctions and punishment in the nature of
contempt. I solemnly promise that I will not disclose in any manner any
information or item that is subject to this Stipulated Protective Order to any person
or entity except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District
Court for the Central District of California for the purpose of enforcing the terms
of this Stipulated Protective Order, even if such enforcement proceedings occur
after termination of this action.

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STIPULATED PROTECTIVE ORDER
16019273.5

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I hereby appoint __________________________ [print or type full name]
of _______________________________________ [print or type full address and
telephone number] as my California agent for service of process in connection
with this action or any proceedings related to enforcement of this Stipulated
Protective Order.

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Date: _________________________________
City and State where sworn and signed: ____________________________

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Printed name: ______________________________
Signature: __________________________________

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STIPULATED PROTECTIVE ORDER