Ever Win International Corporation v. Premier Accessory Group, LLC, et al

Filing 34

PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 33 . See order for details. (hr)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
EVER WIN INTERNATIONAL
CORPORATION, a California
corporation,

)
)
)
)
Plaintiff,
)
)
v.
)
)
PREMIER ACCESSORY GROUP, )
LLC, a New York limited liability
)
company, and DOES 1 thru 10,
)
inclusive,
)
)
Defendants.
)
_______________________________ )
AND RELATED COUNTERCLAIMS )
_______________________________ )

Case No. 2:15-cv-07208 RGK(JCx)
The Hon. Jacqueline Chooljian
Courtroom 20 – 3rd Floor
DISCOVERY MATTER
PROTECTIVE ORDER
COMPLAINT FILED: September 14, 2015
Trial Date: November 1, 2016

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Pursuant to the Stipulation of Plaintiff Ever Win International Corporation

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(“Plaintiff”) and Defendant Premier Accessory Group, LLC (“Defendant”), by

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their undersigned counsel, the Court enters the following protective order

27

(“Protective Order”) pursuant to Fed. R. Civ. P. 26(c):

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PROTECTIVE ORDER

1

1.

PROTECTIVE ORDER

2

1.1.

Purposes and Limitations

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As the parties have represented that discovery in this action is likely to

4

involve production of confidential, proprietary, or private information for which

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special protection from public disclosure and from use for any purpose other than

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prosecuting this litigation may be warranted, this Court enters the following

7

Protective Order. This Order does not confer blanket protections on all disclosures

8

or responses to discovery. The protection it affords from public disclosure and use

9

extends only to the limited information or items that are entitled to confidential

10

treatment under the applicable legal principles. Further, as set forth in Section

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12.3, below, this Protective Order does not entitle the parties to file confidential

12

information under seal. Rather, when the parties seek permission from the court to

13

file material under seal, the parties must comply with Civil Local Rule 79-5 and

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with any pertinent orders of the assigned District Judge and Magistrate Judge.

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1.2.

Good Cause Statement

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In light of the nature of the claims and allegations in this case and the

17

parties’ representations that discovery in this case will involve the production of

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confidential records, and in order to expedite the flow of information, to facilitate

19

the prompt resolution of disputes over confidentiality of discovery materials, to

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adequately protect information the parties are entitled to keep confidential, to

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ensure that the parties are permitted reasonable necessary uses of such material in

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connection with this action, to address their handling of such material at the end of

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the litigation, and to serve the ends of justice, a protective order for such

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information is justified in this matter. The parties shall not designate any

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information/documents as confidential without a good faith belief that such

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information/documents have been maintained in a confidential, non-public manner,

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and that there is good cause or a compelling reason why it should not be part of the

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public record of this case.
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PROTECTIVE ORDER

1

2.

DEFINITIONS

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2.1.

Action: The instant action: 2:15-cv-07208-RGK(JCx).

3

2.2.

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

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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.

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2.4.

“HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”

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Information or Items: extremely sensitive “CONFIDENTIAL” Information or

11

Items, the disclosure of which to another Party or Non-Party would create a

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substantial risk of serious harm that could not be avoided by less restrictive means.

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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

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or items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

18

ONLY.”

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2.7.

Disclosure or Discovery Material: all items or information, regardless

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of the medium or manner in which it is generated, stored, or maintained (including,

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among other things, testimony, transcripts, and tangible things), that are produced

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or generated in disclosures or responses to discovery in this matter, including

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material or information produced by Non-Parties if they so request.

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2.8.

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

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pertinent to the litigation who: (1) has been retained by a Party or its counsel to

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serve as an expert witness or as a consultant in this Action; (2) is not a past or

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current employee of a Party or of a Party's competitor, and (3) at the time of

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PROTECTIVE ORDER

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retention, is not anticipated to become an employee of a Party or of a Party's

2

competitor.

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2.9.

House Counsel:

attorneys who are employees of a party to this

4

Action. House Counsel does not include Outside Counsel of Record or any other

5

outside counsel.

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2.10. Non-Party: any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this action.

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2.11. Outside Counsel of Record: attorneys who are not employees of a

9

party to this Action but are retained to represent or advise a party to this Action

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and have appeared in this Action on behalf of that party or are affiliated with a law

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firm which has appeared on behalf of that party, and includes support staff.

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2.12. Party: any party to this Action, including all of its officers, directors,

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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support staffs).

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

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2.14. Professional Vendors:

persons or entities that provide litigation

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support services (e.g., photocopying, videotaping, translating, preparing exhibits or

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demonstrations, and organizing, storing, or retrieving data in any form or medium)

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and their employees and subcontractors.

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2.15. Protected Material:

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designated

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ATTORNEYS’ EYES ONLY.”

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as

any Disclosure or Discovery Material that is

“CONFIDENTIAL”

2.16. Receiving Party:

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3.

“HIGHLY

CONFIDENTIAL

--

a Party that receives Disclosure or Discovery

Material from a Producing Party.

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or

SCOPE

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The protections conferred by this Order cover not only Protected Material

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(as defined above), but also (1) any information copied or extracted from Protected
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PROTECTIVE ORDER

1

Material; (2) all copies, excerpts, summaries, or compilations of Protected

2

Material; and (3) any deposition testimony, conversations, or presentations by

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Parties or their Counsel that might reveal Protected Material, other than during a

4

court hearing or at trial.

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Any use of Protected Material during a court hearing or at trial shall be

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governed by the orders of the presiding judge. This Order does not govern the use

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of Protected Material during a court hearing or at trial.

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this Action,

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with or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of

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time pursuant to applicable law.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1.

Exercise of Restraint and Care in Designating Material for Protection.

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Each Party or Non-Party that designates information or items for protection under

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this Order must take care to limit any such designation to specific material that

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qualifies under the appropriate standards. The Designating Party must designate for

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protection only those parts of material, documents, items, or oral or written

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communications that qualify so that other portions of the material, documents,

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items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper

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purpose (e.g., to unnecessarily encumber the case development process or to
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PROTECTIVE ORDER

1

impose unnecessary expenses and burdens on other parties) may expose the

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Designating Party to sanctions.

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If it comes to a Designating Party’s attention that information or items that it

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the inapplicable designation.

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5.2.

Manner and Timing of Designations. Except as otherwise provided in

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this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise

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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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under this Order must be clearly so designated before the material is disclosed or

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produced.
Designation in conformity with this Order requires:

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(a)

for information in documentary form (e.g., paper or electronic

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documents, but excluding transcripts of depositions or other pretrial

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proceedings), that the Producing Party affix at a minimum, the legend

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“CONFIDENTIAL”

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ATTORNEYS’ EYES ONLY” to each page that contains protected

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material. If only a portion or portions of the material on a page

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qualifies for protection, the Producing Party also must clearly identify

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the protected portion(s) (e.g., by making appropriate markings in the

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margins).

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A Party or Non-Party that makes original documents available for

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inspection need not designate them for protection until after the

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inspecting Party has indicated which documents it would like copied

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and produced. During the inspection and before the designation, all of

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the material made available for inspection shall be deemed

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“CONFIDENTIAL”

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ATTORNEYS EYES ONLY."

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identified the documents it wants copied and produced, the Producing

or

“HIGHLY

and/or

"HIGHLY

CONFIDENTIAL

CONFIDENTIAL

--

–

After the inspecting Party has

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PROTECTIVE ORDER

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Party must determine which documents, or portions thereof, qualify

2

for protection under this Order. Then, before producing the specified

3

documents, the Producing Party must affix the “CONFIDENTIAL”,

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or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”

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legend to each page that contains Protected Material. If only a portion

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or portions of the material on a page qualifies for protection, the

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Producing Party also must clearly identify the protected portion(s)

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(e.g., by making appropriate markings in the margins).

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(b) for testimony given in depositions that the Designating Party

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identifies on the record or in other pretrial proceedings, before the

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close of the deposition, hearing or other proceeding as protected

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testimony.

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Deposition testimony may be treated as “CONFIDENTIAL AND/OR

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ATTORNEYS EYES’ ONLY” during the deposition, as the

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Designating Party may direct, and the transcript of the designated

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testimony shall be transcribed on separate pages and so marked by the

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reporter. A Designating Party also may so designate portions of the

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deposition after the transcription is produced and shall have twenty

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(20) days after receipt of such deposition transcript to advise the

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Receiving Party, in writing, of the portions of the deposition transcript

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that

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ATTORNEYS EYES’ ONLY” after which period the right to make

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such designations shall be waived.

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The Designating Party may exclude any person from a deposition,

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other than those to whom Confidential Information may be disclosed

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pursuant to this Order. Failure of such person(s) to comply with the

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request hereunder shall constitute substantial justification for counsel

are

to

be

designated

as

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PROTECTIVE ORDER

“CONFIDENTIAL

AND/OR

1

to advise the witness to refrain from answering the question seeking to

2

reveal Confidential Information.

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(c) for information produced in some form other than documentary

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and for any other tangible items, that the Producing Party affix in a

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prominent place on the exterior of the container or containers in which

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the information is stored the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” If only a portion

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or portions of the information warrants protection, the Producing

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Party, to the extent practicable, shall identify the protected portion(s).

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5.3.

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone, waive

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the Designating Party’s right to secure protection under this Order for such

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material. Upon timely correction of a designation, the Receiving Party must make

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reasonable efforts to assure that the material is treated in accordance with the

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provisions of this Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1.

Timing of Challenges. Any Party may challenge a designation of

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confidentiality at any time that is consistent with the Court’s Scheduling Order.

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Unless a prompt challenge to a Designating Party’s confidentiality designation is

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necessary to avoid foreseeable, substantial unfairness, unnecessary economic

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burdens, or a significant disruption or delay of the litigation, a Party does not

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waive its right to challenge a confidentiality designation by electing not to mount a

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challenge promptly after the original designation is disclosed.

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6.2.

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37-1 et seq.
6.3.

The burden of persuasion in any such challenge proceeding shall be

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on the Designating Party. Frivolous challenges, and those made for an improper

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other
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PROTECTIVE ORDER

1

parties) may expose the Challenging Party to sanctions. Unless the Designating

2

Party has waived or withdrawn the confidentiality designation, all parties shall

3

continue to afford the material in question the level of protection to which it is

4

entitled under the Producing Party’s designation until the Court rules on the

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challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1.

Basic Principles. A Receiving Party may use Protected Material that

8

is disclosed or produced by another Party or by a Non-Party in connection with this

9

Action only for prosecuting, defending, or attempting to settle this Action. Such

10

Protected Material may be disclosed only to the categories of persons and under

11

the conditions described in this Order. When the Action has been terminated, a

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Receiving Party must comply with the provisions of Section 13 below. Protected

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Material must be stored and maintained by a Receiving Party at a location and in a

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secure manner that ensures that access is limited to the persons authorized under

15

this Order.

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7.2.

Disclosure of “CONFIDENTIAL” Information or Items.

Unless

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otherwise ordered by the court or permitted in writing by the Designating Party, a

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Receiving

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“CONFIDENTIAL” only to:

Party

may

disclose

any

information

or

item

designated

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7.2.1. the Receiving Party’s Outside Counsel of Record in this Action,

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as well as employees of said Outside Counsel of Record to

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whom it is reasonably necessary to disclose the information for

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this Action;

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7.2.2. the officers, directors, and employees (including House

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Counsel) of the Receiving Party to whom disclosure is

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reasonably necessary for this Action and who have signed the

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Acknowledgment and Agreement to Be Bound by Protective

28

Order (Exhibit A);
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PROTECTIVE ORDER

1

7.2.3. Experts (as defined in this Order) of the Receiving Party to

2

whom disclosure is reasonably necessary for this Action and

3

who have signed the “Acknowledgment and Agreement to Be

4

Bound” (Exhibit A), provided that the Receiving Party seeking

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to disclose information to said Experts comply with the

6

following procedures prior to disclosure:

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7.2.3.1.

Unless otherwise ordered by the court or agreed to

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in writing by the Designating Party, a Party that

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seeks to disclose to an Expert any information or

10

item that has been designated CONFIDENTIAL

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first must make a written request to the

12

Designating Party that: (1) sets forth the full name

13

of the Expert and the city and state of his or her

14

primary residence; (2) attaches a copy of the

15

Expert’s current resume; (3) identifies the Expert’s

16

current employer(s); (4) identifies each person or

17

entity from whom the Expert has received

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compensation or funding for work in his or her

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areas of expertise or to whom the expert has

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provided

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connection with a litigation, at any time during the

22

preceding five years; and (5) identifies (by name

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and number of the case, filing date, and location of

24

court) any litigation in connection with which the

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Expert has offered expert testimony, including

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through a declaration, report, or testimony at a

27

deposition or trial, during the

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years.

professional

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PROTECTIVE ORDER

services,

including

preceding

in

five

1

7.2.3.2.

A Party that makes a request and provides the

2

information specified in the preceding respective

3

paragraphs may disclose the subject Protected

4

Material to the identified Expert unless, within

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seven (7) business days of delivering the request,

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the Party receives a written objection from the

7

Designating Party. Any such objection must set

8

forth in detail the grounds on which it is based.

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7.2.3.3.

A Party that receives a timely written objection

10

must meet and confer with the Designating Party

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(through direct voice to voice dialogue) to try to

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resolve the matter by agreement within seven (7)

13

business days of the written objection. If no

14

agreement is reached, the Party seeking to make

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the disclosure to the Expert may file a motion in

16

accordance

17

permission from the court to do so. Any such

18

motion must describe the circumstances with

19

specificity, set forth in detail the reasons why the

20

disclosure to the Expert is reasonably necessary,

21

assess the risk of harm that the disclosure would

22

entail, and suggest any additional means that could

23

be used to reduce that risk. In addition, any such

24

motion must be accompanied by a competent

25

declaration describing the parties’ efforts to

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resolve the matter by agreement (i.e., the extent

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and the content of the meet and confer discussions)

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and setting forth the reasons advanced by the

with

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PROTECTIVE ORDER

the

Local

Rules

seeking

1

Designating Party for its refusal to approve the

2

disclosure. In any such proceeding, the Party

3

opposing disclosure to the Expert shall bear the

4

burden of proving that the risk of harm that the

5

disclosure would entail (under the safeguards

6

proposed) outweighs the Receiving Party’s need to

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disclose the Protected Material to its Expert;

8

7.2.4. the court and its personnel;

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7.2.5. private court reporters and their staff to whom disclosure is

10

reasonably necessary for this Action and who have signed the

11

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

12

7.2.6. professional jury or trial consultants, mock jurors, and

13

Professional Vendors to whom disclosure is reasonably

14

necessary for this Action and who have signed the

15

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

16

7.2.7. the author or recipient of a document containing the

17

information or a custodian or other person who otherwise

18

possessed or knew the information;

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7.2.8. during their depositions, witnesses, and attorneys for witnesses,

20

in the Action to whom disclosure is reasonably necessary

21

provided: (1) the deposing party requests that the witness sign

22

the “Acknowledgment and Agreement to Be Bound” (Exhibit

23

A); and (2) they will not be permitted to keep any confidential

24

information unless they sign the “Acknowledgment and

25

Agreement to Be Bound” (Exhibit A), unless otherwise agreed

26

by the Designating Party or ordered by the court. Pages of

27

transcribed deposition testimony or exhibits to depositions that

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reveal Protected Material may be separately bound by the court
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PROTECTIVE ORDER

1

reporter and may not be disclosed to anyone except as permitted

2

under this Protective Order; and

3

7.2.9. any mediator or settlement officer, and their supporting

4

personnel, mutually agreed upon by any of the parties engaged

5

in settlement discussions.

6

7.3.

Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

7

ONLY” Information or Items. Unless otherwise ordered by the court or permitted

8

in writing by the Designating Party, a Receiving Party may disclose any

9

information or item designated “HIGHLY CONFIDENTIAL” only to:

10

7.3.1. the Receiving Party’s Outside Counsel of Record in this Action,

11

as well as employees of said Outside Counsel of Record to

12

whom it is reasonably necessary to disclose the information for

13

this Action;

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7.3.2. Experts (as defined in this Order) of the Receiving Party to

15

whom disclosure is reasonably necessary for this Action and

16

who have signed the “Acknowledgment and Agreement to Be

17

Bound” (Exhibit A);

18

7.3.3. the court and its personnel;

19

7.3.4. private court reporters and their staff to whom disclosure is

20

reasonably necessary for this Action and who have signed the

21

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

22

7.3.5. professional jury or trial consultants, mock jurors, and

23

Professional Vendors to whom disclosure is reasonably

24

necessary for this Action and who have signed the

25

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

26

7.3.6. the author or recipient of a document containing the

27

information or a custodian or other person who otherwise

28

possessed or knew the information; and
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PROTECTIVE ORDER

1

7.3.7. any mediator or settlement officer, and their supporting

2

personnel, mutually agreed upon by any of the parties engaged

3

in settlement discussions.
7.4.

4

Copies of the “Acknowledgment and Agreement to be Bound” forms

5

required under subparagraphs 7.2 and 7.3 shall be promptly served on the

6

Producing Party and/or Designating Party.

7

8.

PROTECTED

MATERIAL

SUBPOENAED

OR

ORDERED

8

PRODUCED IN OTHER LITIGATION

9

If a Party is served with a subpoena or a court order issued in other litigation

10

that compels disclosure of any information or items designated in this Action

11

as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’

12

EYES ONLY,” that Party must:

13

8.1.

14

promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order unless prohibited by law;
8.2.

15

promptly notify in writing the party who caused the subpoena or order

16

to issue in the other litigation that some or all of the material covered by the

17

subpoena or order is subject to this Protective Order. Such notification shall

18

include a copy of this Protective Order; and
8.3.

19
20

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.

21

If the Designating Party timely seeks a protective order, the Party served

22

with the subpoena or court order shall not produce any information designated in

23

this

24

ATTORNEYS’ EYES ONLY” before a determination by the court from which the

25

subpoena or order issued, unless the Party has obtained the Designating Party’s

26

permission, or unless otherwise required by the law or court order.

27

Designating Party shall bear the burden and expense of seeking protection in that

28

court of its confidential material and nothing in these provisions should be

action

as

“CONFIDENTIAL”

or

“HIGHLY

14
PROTECTIVE ORDER

CONFIDENTIAL

--

The

1

construed as authorizing or encouraging a Receiving Party in this Action to

2

disobey a lawful directive from another court.

3

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

4

PRODUCED IN THIS LITIGATION

5

9.1.

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

6

Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

7

CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information produced

8

by Non-Parties in connection with this litigation is protected by the remedies and

9

relief provided by this Order. Nothing in these provisions should be construed as

10
11

prohibiting a Non-Party from seeking additional protections.
9.2.

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

12

produce a Non-Party’s confidential information in its possession, and the Party is

13

subject to an agreement with the Non-Party not to produce the Non-Party’s

14

confidential information, then the Party shall:

15

9.2.1. promptly notify in writing the Requesting Party and the Non-

16

Party that some or all of the information requested is subject to

17

a confidentiality agreement with a Non-Party;

18

9.2.2. promptly provide the Non-Party with a copy of the Protective

19

Order in this Action, the relevant discovery request(s), and a

20

reasonably specific description of the information requested;

21

and
9.2.3. make the information requested available for inspection by the

22

Non-Party, if requested.

23
24

9.3.

If a Non-Party represented by counsel fails to commence the process

25

called for by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the

26

notice and accompanying information or fails contemporaneously to notify the

27

Receiving Party that it has done so, the Receiving Party may produce the Non-

28

Party’s confidential information responsive to the discovery request.
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PROTECTIVE ORDER

If an

1

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

2

days of receiving the notice and accompanying information, the Receiving Party

3

may produce the Non-Party’s confidential information responsive to the discovery

4

request. If the Non-Party timely seeks a protective order, the Receiving Party shall

5

not produce any information in its possession or control that is subject to the

6

confidentiality agreement with the Non-Party before a determination by the court

7

unless otherwise required by the law or court order. Absent a court order to the

8

contrary, the Non-Party shall bear the burden and expense of seeking protection in

9

this court of its Protected Material.

10

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

11

If a Receiving Party learns that, by inadvertence or otherwise, it has

12

disclosed Protected Material to any person or in any circumstance not authorized

13

under this Protective Order, the Receiving Party must immediately (a) notify in

14

writing the Designating Party of the unauthorized disclosures, (b) use its best

15

efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the

16

person or persons to whom unauthorized disclosures were made of all the terms of

17

this Order, and (d) request such person or persons to execute the

18

“Acknowledgment and Agreement to Be Bound” (Exhibit A).

19

11.

INADVERTENT

PRODUCTION

OF

PRIVILEGED

OR

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OTHERWISE PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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inadvertently produced material is subject to a claim of privilege or other

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protection, the obligations of the Receiving Parties are those set forth in Federal

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Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

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whatever procedure may be established in an e-discovery order that provides for

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production without prior privilege review. Pursuant to Federal Rule of Evidence

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502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

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of a communication or information covered by the attorney-client privilege or
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PROTECTIVE ORDER

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work product protection, the parties may incorporate their agreement into this

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Protective Order.

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12.

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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.

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12.2. Right to Assert Other Objections.

No Party waives any right it

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otherwise would have to object to disclosing or producing any information or item

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on any ground not addressed in this Protective Order. Similarly, no Party waives

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any right to object on any ground to use in evidence of any of the material covered

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by this Protective Order.

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12.3. Filing Protected Material. A Party that seeks to file under seal any

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Protected Material must comply with Civil Local Rule 79-5 and with any pertinent

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orders of the assigned District Judge and Magistrate Judge.

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may only be filed under seal pursuant to a court order authorizing the sealing of the

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specific Protected Material at issue. If a Party’s request to file Protected Material

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under seal is denied by the court, then the Receiving Party may file the information

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in the public record unless otherwise instructed by the court.

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13.

Protected Material

FINAL DISPOSITION

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After the final disposition of this Action, as defined in Section 4, within 60

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days of a written request by the Designating Party, each Receiving Party must

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return all Protected Material to the Producing Party or destroy such material. As

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used in this subdivision, “all Protected Material” includes all copies, abstracts,

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compilations, summaries, and any other format reproducing or capturing any of the

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Protected Material. Whether the Protected Material is returned or destroyed, the

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Receiving Party must submit a written certification to the Producing Party (and, if

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not the same person or entity, to the Designating Party) by the 60 day deadline that

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(1) identifies (by category, where appropriate) all the Protected Material that was

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returned or destroyed and (2) affirms that the Receiving Party has not retained any
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PROTECTIVE ORDER

1

copies, abstracts, compilations, summaries or any other format reproducing or

2

capturing any of the Protected Material. Notwithstanding this provision, Counsel

3

are entitled to retain an archival copy of all pleadings, motion papers, trial,

4

deposition, and hearing transcripts, legal memoranda, correspondence, deposition

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and trial exhibits, expert reports, attorney work product, and consultant and expert

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work product, even if such materials contain Protected Material. Any such archival

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copies that contain or constitute Protected Material remain subject to this

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Protective Order as set forth in Section 4.

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14.

Any violation of this Order may be punished by any and all

10

appropriate measures including, without limitation, contempt proceedings and/or

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monetary sanctions.

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IT IS SO ORDERED.

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DATED: July 21, 2016

___________________/s/__________________
HONORABLE JACQUELINE CHOOLJIAN
UNITED STATES MAGISTRATE JUDGE

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PROTECTIVE ORDER

1

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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4

I,

_____________________________

[print

or

type

full

name],

of

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_________________ [print or type full address], declare under penalty of perjury

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that I have read in its entirety and understand the Protective Order that was issued

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by the United States District Court for the Central District of California on July 21,

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2016 in the case of Ever Win International Corporation v. Premier Accessory

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Group, LLC, 2:15-cv-07208-RGK(JCx). I agree to comply with and to be bound

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by all the terms of this Protective Order and I understand and acknowledge that

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failure to so comply could expose me to sanctions and punishment in the nature of

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contempt. I solemnly promise that I will not disclose in any manner any

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information or item that is subject to this Protective Order to any person or entity

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except in strict compliance with the provisions of this Order.

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

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

17

of this Protective Order, even if such enforcement proceedings occur after

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termination of this action. I hereby appoint __________________________ [print

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or type full name] of _______________________________________ [print or

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type full address and telephone number] as my California agent for service of

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process in connection with this action or any proceedings related to enforcement of

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this Protective Order.

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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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PROTECTIVE ORDER