Deckers Outdoor Corporation v. Summer Rio, Corp. et al
Filing
21
PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner, re: Stipulation for Protective Order, 19 . (mz)
1
2
3
4
5
6
7
8
Brent H. Blakely (SBN 157292)
bblakely@blakelylawgroup.com
Cindy Chan (SBN 247495)
cchan@blakelylawgroup.com
Jessica C. Covington (SBN 301816)
jcovington@blakelylawgroup.com
BLAKELY LAW GROUP
1334 Parkview Avenue, Suite 280
Manhattan Beach, California 90266
Telephone: (310) 546-7400
Facsimile: (310) 546-7401
Attorneys for Plaintiff
Deckers Outdoor Corporation
9
UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA
11
12
13
DECKERS OUTDOOR
CORPORATION, a Delaware
Corporation,
14
v.
15
16
Plaintiff,
SUMMER RIO CORP., a California
Corporation; and DOES 1-10, inclusive,
17
Defendant.
18
19
20
21
22
23
24
25
26
27
28
I.
) CASE NO. 2:15-cv-07026-DDP (MRWx)
)
)
) PROTECTIVE ORDER
)
)
)
[DISCOVERY MATTER]
)
)
)
)
)
HON. MICHAEL R. WILNER
)
)
)
INTRODUCTION
1.1
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, Plaintiff Deckers Outdoor Corporation (“Plaintiff”) and Defendant
Summer Rio Corp. (“Defendant”) (Plaintiff and Defendant will be collectively referred
to as 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
1
PROTECTIVE ORDER
1
blanket protections on all disclosures or responses to discovery and that the protection
2
it affords from public disclosure and use extends only to the limited information or
3
items that are entitled to confidential treatment under the applicable legal principles.
4
The Parties further acknowledge, as set forth in Section 12.3, below, that this
5
Stipulated Protective Order does not entitle them to file confidential information under
6
seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the
7
standards that will be applied when a party seeks permission from the court to file
8
material under seal.
9
1.2
GOOD CAUSE STATEMENT
10
The present lawsuit involves Deckers’ allegations against Defendant for
11
infringement of Deckers’ UGG® Sun Mark and boot design, to which Deckers owns
12
trademark and design patent rights, by certain of Defendant’s footwear products
13
allegedly bearing said mark and design (“Accused Products”).
14
The parties anticipate that discovery in this matter will seek confidential and
15
proprietary information for which special protection from public disclosure and from
16
use for any purpose other than prosecution of this action is warranted. This
17
information, which is related to the development, manufacture, marketing, and sale of
18
Deckers’ products bearing the intellectual property at issue and the goodwill associated
19
therewith, as well as the development, manufacture, marketing, and sale of the
20
Accused Products of Defendant, and damages calculations for all claims, includes but
21
is not limited to:
22
23
Revenues generated from the sale of Deckers’ products bearing the
UGG® Sun Mark and design patent at issue;
24
Revenues generated from the sale of the Accused Products;
25
Cost of goods associated with the Accused Products;
26
Pricing points for the manufacture and sale of the Accused Products;
27
Transactional documents associated with the sale of the Accused
28
Products;
2
PROTECTIVE ORDER
1
Licensing Agreements;
2
Gross Revenues associated with the sale of the Accused Products;
3
Profit Margins associated with the sale of the Accused Products;
4
General financial information for the Parties;
5
Marketing channels related to the goods of both Parties;
6
Marketing and advertising expenses;
7
Non-public product development information related to the goods of both
8
Parties;
Non-public research related to business development, Deckers’ products,
9
10
the Accused Products, or the intellectual property at issue;
11
Customer lists;
12
Trade Secrets;
13
Both parties are businesses that sell footwear and their financial, marketing and
14
product development information is not intended for public disclosure, nor to
15
competitors. Up to this point, the Parties have routinely worked to protect this
16
sensitive business information from disclosure to the public or competitors, which
17
would result in harm to each of the Parties’ competitive standing within the footwear
18
industry.
19
Accordingly, to expedite the flow of information, to facilitate the prompt
20
resolution of disputes over confidentiality of discovery materials, to adequately protect
21
information the parties are entitled to keep confidential, to ensure that the parties are
22
permitted reasonable necessary uses of such material in preparation for and in the
23
conduct of trial, to address their handling at the end of the litigation, and to serve the
24
ends of justice, a protective order for such information is justified in this matter.
25
It is the intent of the parties that information will not be designated as
26
confidential for tactical reasons and that nothing be so designated without a good faith
27
belief that it has been maintained in a confidential, non-public manner, and there is
28
good cause why it should not be part of the public record of this case.
3
PROTECTIVE ORDER
1
2.
DEFINITIONS
2
2.1
Action: this pending federal law suit.
3
2.2
Challenging Party: a Party or Non-Party that challenges the
4
5
designation of information or items under this Order.
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” Information or Items: such
10
“CONFIDENTIAL” Information or Items as consists of information whose
11
disclosure to competitors or to the public would cause a serious risk of competitive
12
serious harm to the Designating Party. Such confidential and proprietary materials and
13
information includes but is not limited to, confidential business or financial
14
information, trade secrets, non-public financial information, non-public research and
15
development information, product development information, marketing and
16
advertising plans and expenditures, information regarding additional confidential
17
business practices, and documents otherwise unavailable to competitors. It is the
18
intent of the parties that information will not be designated as “HIGHLY
19
CONFIDENTIAL” for tactical reasons and that such designation will be limited.
20
21
22
2.5
Counsel: Outside Counsel of Record and House Counsel (as well as
their support staff).
2.6
Designating Party: a Party or Non-Party that designates information or
23
items that it produces in disclosures or in responses to discovery as
24
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.”
25
2.7
Disclosure or Discovery Material: all items or information, regardless
26
of the medium or manner in which it is generated, stored, or maintained (including,
27
among other things, testimony, transcripts, and tangible things), that are produced or
28
generated in disclosures or responses to discovery in this matter.
4
PROTECTIVE ORDER
1
2.8
Expert: a person with specialized knowledge or experience in a matter
2
pertinent to the litigation who has been retained by a Party or its counsel to serve as
3
an expert witness or as a consultant in this Action.
4
2.9
House Counsel: attorneys who are employees of a party to this Action.
5
House Counsel does not include Outside Counsel of Record or any other outside
6
counsel.
7
8
2.10
Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
9
2.11 Outside Counsel of Record: attorneys who are not employees of a
10
party to this Action but are retained to represent or advise a party to this Action and
11
have appeared in this Action on behalf of that party or are affiliated with a law firm
12
which has appeared on behalf of that party, and includes support staff.
13
2.12 Party: any party to this Action, including all of its officers, directors,
14
employees, consultants, retained experts, and Outside Counsel of Record (and their
15
support staffs).
16
17
2.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
18
2.14 Professional Vendors: persons or entities that provide litigation
19
support services (e.g., photocopying, videotaping, translating, preparing exhibits or
20
demonstrations, and organizing, storing, or retrieving data in any form or medium)
21
and their employees and subcontractors.
22
23
2.15 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL” or “HIGHLYCONFIDENTIAL.”
24
2.16 Receiving Party: a Party that receives Disclosure or Discovery
25
Material from a Producing Party.
26
3.
27
SCOPE
The protections conferred by this Stipulation and Order cover not only
28
5
PROTECTIVE ORDER
1
Protected Material (as defined above), but also (1) any information copied or extracted
2
from Protected Material; (2) all copies, excerpts, summaries, or compilations of
3
Protected Material; and (3) any testimony, conversations, or presentations by Parties or
4
their Counsel that might reveal Protected Material.
5
Any use of Protected Material at trial shall be governed by the orders of the
6
trial judge. This Order does not govern the use of Protected Material at trial.
7
4.
DURATION
8
Once a case proceeds to trial, all of the information that was designated as
9
confidential or maintained pursuant to this protective order becomes public and will be
10
presumptively available to all members of the public, including the press, unless
11
compelling reasons supported by specific factual findings to proceed otherwise are
12
made to the trial judge in advance of the trial. See Kamakana v. City and County of
13
Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”
14
showing for sealing documents produced in discovery from “compelling reasons”
15
standard when merits-related documents are part of court record). Accordingly, the
16
terms of this protective order do not extend beyond the commencement of the trial.
17
5.
18
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
19
Each Party or Non-Party that designates information or items for protection under this
20
Order must take care to limit any such designation to specific material that qualifies
21
under the appropriate standards. The Designating Party must designate for protection
22
only those parts of material, documents, items, or oral or written communications that
23
qualify so that other portions of the material, documents, items, or communications for
24
which protection is not warranted are not swept unjustifiably within the ambit of this
25
Order.
26
Mass, indiscriminate, or routinized designations are prohibited. Designations
27
that are shown to be clearly unjustified or that have been made for an improper
28
purpose (e.g., to unnecessarily encumber the case development process or to impose
6
PROTECTIVE ORDER
1
unnecessary expenses and burdens on other parties) may expose the Designating
2
Party to sanctions.
3
If it comes to a Designating Party’s attention that information or items that it
4
designated for protection do not qualify for protection, that Designating Party must
5
promptly notify all other Parties that it is withdrawing the inapplicable designation.
6
5.2
Manner and Timing of Designations. Except as otherwise provided in this
7
Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated
8
or ordered, Disclosure or Discovery Material that qualifies for protection under this
9
Order must be clearly so designated before the material is disclosed or produced.
10
Designation in conformity with this Order requires:
11
(a)
for information in documentary form (e.g., paper or electronic documents,
12
but excluding transcripts of depositions or other pretrial or trial proceedings), that the
13
Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY
14
CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
15
contains protected material. If only a portion or portions of the material on a page
16
qualifies for protection, the Producing Party also must clearly identify the protected
17
portion(s) (e.g., by making appropriate markings in the margins).
18
A Party or Non-Party that makes original documents available for inspection
19
need not designate them for protection until after the inspecting Party has indicated
20
which documents it would like copied and produced. During the inspection and before
21
the designation, all of the material made available for inspection shall be deemed
22
“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
23
copied and produced, the Producing Party must determine which documents, or
24
portions thereof, qualify for protection under this Order. Then, before producing the
25
specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to
26
each page that contains Protected Material. If only a portion or portions of the material
27
on a page qualifies for protection, the Producing Party also must clearly identify the
28
protected portion(s) (e.g., by making appropriate markings in the margins).
7
PROTECTIVE ORDER
1
(b)
for testimony given in depositions that the Designating Party identifies on
2
the record as being the Disclosure or Discovery Material, before the close of the
3
deposition all protected testimony.
4
(c)
for information produced in some form other than documentary and for
5
any other tangible items, that the Producing Party affix in a prominent place on the
6
exterior of the container or containers in which the information is stored the legend
7
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If only a portion or portions of
8
the information warrants protection, the Producing Party, to the extent practicable,
9
shall identify the protected portion(s).
10
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
11
failure to designate qualified information or items does not, standing alone, waive the
12
Designating Party’s right to secure protection under this Order for such material. Upon
13
timely correction of a designation, the Receiving Party must make reasonable efforts to
14
assure that the material is treated in accordance with the provisions of this Order.
15
6.
16
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any Party or Non-Party may challenge a
17
designation of confidentiality at any time that is consistent with the Court’s Scheduling
18
Order.
19
6.2
Meet and Confer. The Challenging Party shall initiate the dispute
20
resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1 et
21
seq.
22
6.3
The burden of persuasion in any such challenge proceeding shall be on the
23
Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
24
to harass or impose unnecessary expenses and burdens on other parties) may expose
25
the Challenging Party to sanctions. Unless the Designating Party has waived or
26
withdrawn the confidentiality designation, all parties shall continue to afford the
27
material in question the level of protection to which it is entitled under the Producing
28
Party’s designation until the Court rules on the challenge.
8
PROTECTIVE ORDER
1
2
7.
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is
3
disclosed or produced by another Party or by a Non-Party in connection with this
4
Action only for prosecuting, defending, or attempting to settle this Action. Such
5
Protected Material may be disclosed only to the categories of persons and under the
6
conditions described in this Order. When the Action has been terminated, a Receiving
7
Party must comply with the provisions of Section 13 below (FINAL DISPOSITION).
8
9
10
11
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.
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
12
ordered by the court or permitted in writing by the Designating Party, a Receiving
13
Party may disclose any information or item designated “CONFIDENTIAL” only to:
14
(a)
the Receiving Party’s Outside Counsel of Record in this Action, as well as
15
employees of said Outside Counsel of Record to whom it is reasonably necessary to
16
disclose the information for this Action;
17
18
19
(b)
the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;
(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
28
(g)
the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
9
PROTECTIVE ORDER
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 form attached as Exhibit A hereto; and (2) they will
4
not be permitted to keep any confidential information unless they sign the
5
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
6
by the Designating Party or ordered by the court. Pages of transcribed deposition
7
testimony or exhibits to depositions that reveal Protected Material may
8
be separately bound by the court reporter and may not be disclosed to anyone except
9
as permitted under this Stipulated Protective Order; and
10
11
12
(i)
any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
7.3
Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. Unless
13
otherwise ordered by the court or permitted in writing by the Designating Party, a
14
Receiving Party may disclose any information or item designated “HIGHLY
15
CONFIDENTIAL” only to:
16
(a)
the Receiving Party’s Outside Counsel of Record in this Action, as well as
17
employees of said Outside Counsel of Record to whom it is reasonably necessary to
18
disclose the information 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
28
(g)
the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
10
PROTECTIVE ORDER
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 form attached as Exhibit A hereto; and (2) they will
4
not be permitted to keep any confidential information unless they sign the
5
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
6
by the Designating Party or ordered by the court. Pages of transcribed deposition
7
testimony or exhibits to depositions that reveal Protected Material may
8
be separately bound by the court reporter and may not be disclosed to anyone except
9
as permitted under this Stipulated 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
8.
13
IN OTHER LITIGATION
14
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
If a Party is served with a subpoena or a court order issued in other litigation that
15
compels disclosure of any information or items designated in this Action as
16
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” that Party must:
17
18
19
(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
20
issue in the other litigation that some or all of the material covered by the subpoena or
21
order is subject to this Protective Order. Such notification shall include a copy of this
22
Stipulated Protective Order; and
23
24
25
(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
26
the subpoena or court order shall not produce any information designated in this action
27
as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” before a determination by the
28
court from which the subpoena or order issued, unless the Party has obtained the
11
PROTECTIVE ORDER
1
Designating Party’s permission. The Designating Party shall bear the burden and
2
expense of seeking protection in that court of its confidential material and nothing in
3
these provisions should be construed as authorizing or encouraging a Receiving Party
4
in this Action to disobey a lawful directive from another court.
5
9.
6
IN THIS LITIGATION
7
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
(a)
The terms of this Order are applicable to information produced by a Non-
8
Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
9
CONFIDENTIAL.” Such information produced by Non-Parties in connection with this
10
litigation is protected by the remedies and relief provided by this Order. Nothing in
11
these provisions should be construed as prohibiting a Non-Party from seeking
12
additional protections.
13
(b)
In the event that a Party is required, by a valid discovery request, to
14
produce a Non-Party’s confidential information in its possession, and the Party is
15
subject to an agreement with the Non-Party not to produce the Non-Party’s
16
confidential information, then the Party shall:
17
(1)
promptly notify in writing the Requesting Party and the Non-Party
18
that some or all of the information requested is subject to a confidentiality
19
agreement with a Non-Party;
20
(2)
promptly provide the Non-Party with a copy of the Stipulated
21
Protective Order in this Action, the relevant discovery request(s), and a reasonably
22
specific description of the information requested; and
23
24
25
(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
26
days of receiving the notice and accompanying information, the Receiving Party may
27
produce the Non-Party’s confidential information responsive to the discovery request.
28
If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
12
PROTECTIVE ORDER
1
any information in its possession or control that is subject to the confidentiality
2
agreement with the Non-Party before a determination by the court. Absent a court
3
order to the contrary, the Non-Party shall bear the burden and expense of seeking
4
protection in this court of its Protected Material.
5
10.
6
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
7
Protected Material to any person or in any circumstance not authorized under this
8
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
9
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
10
to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
11
persons to whom unauthorized disclosures were made of all the terms of this Order,
12
and (d) request such person or persons to execute the “Acknowledgment and
13
Agreement to Be Bound” that is attached hereto as Exhibit A.
14
11.
15
PROTECTED MATERIAL
16
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
When a Producing Party gives notice to Receiving Parties that certain
17
inadvertently produced material is subject to a claim of privilege or other protection,
18
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
19
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
20
may be established in an e-discovery order that provides for production without
21
prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
22
as the parties reach an agreement on the effect of disclosure of a communication or
23
information covered by the attorney-client privilege or work product protection, the
24
parties may incorporate their agreement in the stipulated protective order submitted
25
to the court.
26
12.
27
28
MISCELLANEOUS
12.1 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
PROTECTIVE ORDER
1
12.2 Right to Assert Other Objections. By stipulating to the entry of this
2
Protective Order no Party waives any right it otherwise would have to object to
3
disclosing or producing any information or item on any ground not addressed in this
4
Stipulated Protective Order. Similarly, no Party waives any right to object on any
5
ground to use in evidence of any of the material covered by this Protective Order.
6
12.3 Filing Protected Material. A Party that seeks to file under seal any
7
Protected Material must comply with Civil Local Rule 79-5. Protected Material may
8
only be filed under seal pursuant to a court order authorizing the sealing of the specific
9
Protected Material at issue. If a Party's request to file Protected Material under seal is
10
denied by the court, then the Receiving Party may file the information in the public
11
record unless otherwise instructed by the court.
12
13.
FINAL DISPOSITION
13
After the final disposition of this Action, as defined in paragraph 4, within 60
14
days of a written request by the Designating Party, each Receiving Party must return
15
all Protected Material to the Producing Party or destroy such material. As used in this
16
subdivision, “all Protected Material” includes all copies, abstracts, compilations,
17
summaries, and any other format reproducing or capturing any of the Protected
18
Material. Whether the Protected Material is returned or destroyed, the Receiving Party
19
must submit a written certification to the Producing Party (and, if not the same person
20
or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
21
category, where appropriate) all the Protected Material that was returned or destroyed
22
and (2) affirms that the Receiving Party has not retained any copies, abstracts,
23
compilations, summaries or any other format reproducing or capturing any of the
24
Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
25
archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
26
legal memoranda, correspondence, deposition and trial exhibits, expert reports,
27
attorney work product, and consultant and expert work product, even if such materials
28
contain Protected Material. Any such archival copies that contain or constitute
14
PROTECTIVE ORDER
1
Protected Material remain subject to this Protective Order as set forth in Section 4
2
(DURATION).
3
14.
Any willful violation of this Order may be punished by civil or criminal
4
contempt proceedings, financial or evidentiary sanctions, reference to disciplinary
5
authorities, or other appropriate action at the discretion of the Court.
6
7
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
8
9
DATED:
July 22, 2016
BLAKELY LAW GROUP
10
11
By:
12
13
14
15
DATED:
July 22, 2016
/s/ Jessica C. Covington
Brent H. Blakely
Cindy Chan
Jessica C. Covington
Attorneys for Plaintiff
Deckers Outdoor Corporation
LAW OFFICES OF SAM X. J. WU, APC
16
17
By:
18
19
20
/s/ Alexei Brenot
Sam X. J. Wu
William G. Barrett
Alexei Brenot
Attorneys for Defendant
Summer Rio, Corp.
21
22
23
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
24
25
26
27
28
Date: _July 22_, 2016
__/S/ Michael R. Wilner______
HON. MICHAEL R. WILNER
United States Magistrate Judge
15
PROTECTIVE ORDER
1
EXHIBIT A
2
ACKNOWLEDGEMENT 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 that I have read in its
6
entirety and understand the Protective Order that was issued by the United States
7
District Court for the Central District of California in the case of Deckers Outdoor
8
Corporation v Summer Rio Corp., No. 2:15-cv-07026-DDP (MRWx). I agree to
9
comply with and to be bound by all the terms of this Stipulated Protective Order and I
10
understand and acknowledge that failure to so comply could expose me to sanctions
11
and punishment in the nature of contempt. I solemnly promise that I will not disclose
12
in any manner any information or item that is subject to this Stipulated Protective
13
Order to any person or entity except in strict compliance with the provisions of this
14
Order.
15
I further agree to submit to the jurisdiction of the United States District Court for
16
the Central District of California for the purpose of enforcing the terms of this
17
Stipulated Protective Order, even if such enforcement proceedings occur after
18
termination of this action.
19
20
Date:
________________, 2016
21
22
City and State where sworn and signed:
_______________________
Signed:
_______________________
[Signature]
23
24
25
_________________
[Print Name]
26
27
28
16
PROTECTIVE ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?