Liftag Sport, LLC v. Nutrex Research, Inc.

Filing 51

ORDER APPROVING STIPULATION FOR PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon re Stipulation for Protective Order 50 . (ib)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA
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LIFTAG SPORT, LLC, a Delaware
limited liability company,

)
)
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Plaintiff,
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v.
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NUTREX RESEARCH, INC., a Florida )
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Corporation, and DOES 1 through 10,
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inclusive,
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Defendants.
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)

Case No.: 2:15-cv-7354-BRO(AFMx)

DISCOVERY MATTER
[PROPOSED] ORDER APPROVING
STIPULATION FOR PROTECTIVE
ORDER
COMPLAINT FILED: September 18, 2015
TRIAL DATE:
November 15, 2016

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Plaintiff Liftag Sport, LLC (“Plaintiff”) and Defendant Nutrex Research, Inc.
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(“Defendant”), by their undersigned counsel, hereby stipulate to entry of the following
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protective order (“Protective Order”) pursuant to Fed. R. Civ. P. 26(c):
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1.

PURPOSES AND LIMITATIONS

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The parties to this litigation are competitors in the dietary supplement industry and
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one or both of the parties possess highly confidential information concerning pricing,
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sales terms, customer identity or other matters that have substantial competitive value
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because they are maintained as confidential. Disclosure and discovery activity in this
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action will likely involve the production of this confidential, proprietary, or private

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information for which special protection from public disclosure and from use for any

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purpose other than prosecuting this litigation may be warranted. Accordingly, the parties

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hereby stipulate to and petition the Court to enter the following Stipulated Protective

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Order. The parties acknowledge that this Stipulated Protective Order does not confer

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blanket protections on all disclosures or responses to discovery and that the protection it

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affords from public disclosure and use extends only to the limited information or items

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that are entitled to confidential treatment under the applicable legal principles. The

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parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated

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Protective Order does not entitle them to file confidential information under seal; Civil

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Local Rule 79-5 sets forth the procedures that must be followed and the standards that

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will be applied when a party seeks permission from the Court to file material under seal.

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2.

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DEFINITIONS
2.1

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

information or items under this Stipulated Protective Order.
2.2

“CONFIDENTIAL”: The designation “CONFIDENTIAL” may be applied

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by a party to this ACTION or third party to any type of information which that party or

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third party believes in good faith to contain trade secrets, competitively sensitive

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technical, marketing, financial, or sales information or other proprietary or confidential

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business information, private or confidential personal information, or information

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received in confidence from a third party.

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2.3

Counsel (without qualifier): Outside Counsel of Record, Consulting

Counsel and House Counsel (as well as their support staff).
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Designating Party: a Party or Non-Party that designates information or

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items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL”

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or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”.

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2.5

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

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

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other things, testimony, transcripts, and tangible things), that are produced or generated

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in disclosures or responses to discovery in this matter.

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2.6

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 serve as

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an expert witness or as a consultant in this action, and (2) is not a current employee of a

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Party or of a Party’s competitor.

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2.7

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information

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or Items: extremely sensitive “Confidential Information or Items,” disclosure of which to

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another Party or Non-Party would create a substantial risk of serious harm that could not

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be avoided by less restrictive means.

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2.8

House Counsel: attorneys who are employees of a party to this action.

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House Counsel does not include Outside Counsel of Record, Consulting Counsel or any

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other outside counsel.

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2.9

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

other legal entity not named as a Party to this action.

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2.10 Outside Counsel of Record: attorneys who are not employees of a party to

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this action but are retained to represent or advise a party to this action and have appeared

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in this action on behalf of that party or are affiliated with a law firm which has appeared

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on behalf of that party, including support staff of Outside Counsel of Record.

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2.11 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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2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this action.
2.13 Professional Vendors: persons or entities that provide litigation support
services

(e.g.,

photocopying,

videotaping,

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translating,

preparing

exhibits

or

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

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their employees and subcontractors.

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2.14 Protected Material: any Disclosure or Discovery Material that is designated

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

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EYES ONLY.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

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from a Producing Party.

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3.

SCOPE AND STATEMENT OF GOOD CAUSE

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The protections conferred by this Stipulated Protective Order cover not only

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Protected Material (as defined above), but also (1) any information copied or extracted

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

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

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their Counsel that might reveal Protected Material. However, the protections conferred

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by this Stipulated Protective Order do not cover the following information: (a) any

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information that is in the public domain at the time of disclosure to a Receiving Party or

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becomes part of the public domain after its disclosure to a Receiving Party as a result of

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publication not involving a violation of this Stipulated Protective Order, including

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becoming part of the public record through trial or otherwise; (b) any information that

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was lawfully possessed by the Receiving Party prior to the disclosure, or (c) any

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information obtained by the Receiving Party after the disclosure from a source who

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obtained the information lawfully and under no obligation of confidentiality to the

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Designating Party. Any use of Protected Material at trial shall be governed by the

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orders of the trial judge. This Order does not govern the use of Protected Material at

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trial.

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The parties contend that they will be producing information that qualifies for

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protection as “confidential” because such information includes personal, private,

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proprietary information of, without limitation, private payment information and the

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terms of private contracts to which one or more of the parties to this lawsuit are parties

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that contain private business information. The public disclosure of such information will,

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among other things, provide (i) specific personal information, including about payments

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that are private and should remain so, and (ii) specific information to competitors of the

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parties and to others who may in the future negotiate with one or more of the parties to

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this lawsuit and, thereby, would provide them with a competitive advantage but for the

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entry of this Stipulated Protective Order.

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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 Stipulated Protective Order shall remain in effect until a Designating

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Party agrees otherwise in writing or a Court order otherwise directs. “Final Disposition”

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shall be 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, or, if applicable, expiration of the right to pursue, all appeals, rehearings,

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remands, trials, or reviews of this action, including the time limits for filing any motions

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or applications for extension of 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. Each

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

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Stipulated Protective Order must take care to limit any such designation to specific

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Disclosure or Discovery Material that qualifies so that other portions of the Disclosure or

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Discovery Material for which protection is not warranted are not swept unjustifiably

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within the ambit of this Stipulated Protective Order. Mass, indiscriminate, or routinized

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designations are prohibited. Designations that are shown to be clearly unjustified or that

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have been made for an improper purpose (e.g., to unnecessarily encumber or impede the

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case development process or to impose unnecessary expenses and burdens on other

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parties) are not permitted and expose the Designating Party to sanctions if such improper

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designations are not reasonably withdrawn or corrected upon request by the Receiving

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Party. If after designating Disclosure or Discovery Material as Protected Material, the

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Designating Party believes that specific Disclosure or Discovery Material that it so

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designated does not qualify for protection, that Designating Party shall promptly notify

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all other parties that it is withdrawing the mistaken designation.

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5.2

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

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Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a) below), or as

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

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

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produced. Designation in conformity with this Stipulated Protective Order requires:

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(a) for information in documentary form (e.g., paper or electronic documents, but

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excluding transcripts of depositions or other pretrial or trial proceedings), that the

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Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” to each page that contains protected material.

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

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inspection need not designate them for protection until after the inspecting Party has

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indicated which material it would like copied and produced. During the inspection and

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before the designation, all of the material made available for inspection shall be deemed

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has

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identified the documents it wants copied and produced, the Producing Party must

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determine which documents, or portions thereof, qualify for protection under this

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Stipulated Protective Order. Then, before producing the specified documents, the

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Producing Party must affix the appropriate legend (i.e. “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each page that

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contains Protected Material.

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(b) for testimony given in deposition or other pretrial proceedings, that the
Designating Party either:

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(i)

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identify on the record, before the close of the deposition or other

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pretrial

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” testimony, by

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specifying

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“CONFIDENTIAL”

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ATTORNEYS’ EYES ONLY;” or
(ii)

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proceeding,

all

all

portions
or

“CONFIDENTIAL”

of

the

Testimony

“HIGHLY

or

that

“HIGHLY

qualify

CONFIDENTIAL

as
–

designate the entirety of the testimony at the deposition or pretrial

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proceeding as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” (before the deposition or pretrial

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proceeding is concluded) with the right to identify more specific

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portions of the testimony as to which protection is sought within 10

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days following receipt of the transcript of the testimony. In

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circumstances where portions of the deposition or other pretrial

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testimony are designated for protection, the transcript pages

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containing “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” Information may be separately bound

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by the court reporter, who must affix to the top of each page the

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legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY,” as instructed by the Designating

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Party.

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

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other tangible items, that the Producing Party affix in a prominent place on the exterior

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of the container or containers in which the information or item is stored the legend

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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If only a portion or portions of the information or item warrant 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 corrected by written notice to all

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Receiving Parties provided promptly after the Designating Party learns of the Disclosure

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or Discovery Material that should have been designated, an inadvertent failure to

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designate qualified information or items does not waive the Designating Party’s right to

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secure protection under this Stipulated Protective Order for such material (and for any

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other information concerning the same or related subject matter). Upon timely correction

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of a designation, the Receiving Parties must make reasonable efforts to assure that the

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material is treated in accordance with the provisions of this Stipulated Protective Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

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of 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 burdens, or

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a significant disruption or delay of the litigation, a Party does not waive its right to

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challenge a confidentiality designation by electing not to mount a challenge promptly

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after the original designation is disclosed.

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution

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process by providing written notice of each designation it is challenging and describing

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the basis for each challenge. To avoid ambiguity as to whether a challenge has been

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made, the written notice must recite that the challenge to confidentiality is being made in

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accordance with this Stipulated Protective Order. The parties shall attempt to resolve

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each challenge in good faith and must begin the process by conferring directly (in voice

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to voice dialogue; other forms of communication are not sufficient) within 7 days of the

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date of service of notice. In conferring, the Challenging Party must explain the basis for

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its belief that the confidentiality designation was not proper and must give the

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Designating Party an opportunity to review the designated material, to reconsider the

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circumstances, and, if no change in designation is offered, to explain the basis for the

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chosen designation. A Challenging Party may proceed to the next stage of the challenge

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process only if it has engaged in this meet and confer process first or establishes that the

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Designating Party is unwilling to participate in the meet and confer process in a timely

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manner.

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6.3

Judicial Intervention. If the Parties cannot resolve a challenge without Court

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intervention, the Designating Party shall file and serve a motion in the form of a joint

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stipulation under Local Rule 37-2 to retain confidentiality (and in compliance with Civil

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Local Rule 79-5) within 14 days of the initial notice of challenge or within 7 days of the

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parties agreeing that the meet and confer process will not resolve their dispute,

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whichever is later. Each such motion must be accompanied by a competent declaration

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affirming that the movant has complied with the meet-and-confer requirements imposed

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in the preceding paragraph. Failure by the Designating Party to make such a motion

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including the required declaration within the applicable time period shall automatically

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waive the confidentiality designation for each challenged designation. In addition, the

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Challenging Party may file a motion (in the form of a joint stipulation under Local Rule

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37-2) challenging a confidentiality designation at any time if there is good cause for

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doing so, including a challenge to the designation of a deposition transcript or any

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portions thereof. Any motion brought pursuant to this provision must be accompanied by

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a statement in the motion affirming that the movant has complied with the meet and

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confer requirements imposed by the preceding paragraph.

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

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Designating Party. Unless the Designating Party has waived the confidentiality

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designation by failing to file a motion to retain confidentiality as described above, all

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parties shall continue to afford the material in question the protection to which it is

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entitled under the Producing Party’s designation until the court rules on the challenge.

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Frivolous challenges, and those made for an improper purpose (e.g., to harass or

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

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Party to sanctions.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

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

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

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

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described in this Stipulated Protective Order. When the litigation has been terminated, a

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Receiving Party must comply with the provisions of section 13.

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Protected Material must be stored and maintained by a Receiving Party at a

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location and in a secure manner that ensures that access is limited to the persons

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authorized under this Stipulated Protective Order.
7.2

Disclosure of “ CONFIDENTIAL” Information or Items. Unless otherwise

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ordered by the Court or permitted in writing by the Designating Party, a Receiving Party

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may disclose any information or item designated “CONFIDENTIAL” only to:

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(a)

the Receiving Party’s Outside Counsel of Record, as well as employees of

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said Outside Counsel of Record to whom it is reasonably necessary to disclose the

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information for this litigation;

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(b)

Consulting Counsel, as well as employees of said Consulting Counsel to

whom it is reasonably necessary to disclose the information for this litigation;
(c)

the officers, directors, and employees (including House Counsel) of the

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Receiving Party to whom disclosure is reasonably necessary for this litigation and who

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

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(c)

Experts (as defined in this Stipulated Protective Order) of the Receiving

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Party to whom disclosure is reasonably necessary for this litigation and who have signed

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

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(d)

the Court and its personnel;

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(e)

court reporters and their staff, professional jury or trial consultants, and

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Professional Vendors to whom disclosure is reasonably necessary for this litigation and

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who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(f)

any deposition or other pre-trial witness who previously has had access to

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the applicable Protected Materials or who is currently an officer, director, partner,

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member, employee or agent of a Party that has access to such Protected Materials;

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(g)

any deposition or other pre-trial witness to whom disclosure is reasonably

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necessary and who has signed the “Acknowledgment and Agreement to Be Bound”

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(Exhibit A), unless (i) such signature is not required by the Designating Party (in such

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event, the material disclosed shall retain its status as Protected Material), or (ii) ordered

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by the Court. Pages of transcribed deposition testimony or exhibits to depositions that

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reveal Protected Material must be separately bound by the court reporter and may not be

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disclosed to anyone except as permitted under this Stipulated Protective Order;

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(h)

mock jury participants who have signed the “Acknowledgment and

Agreement to Be Bound” (Exhibit A); and
(g)

the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information.
7.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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

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writing by the Designating Party, a Receiving Party may disclose any information or

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item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

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(a) the Receiving Party’s Outside Counsel of Record in this action, as well as

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employees of said Outside Counsel of Record to whom it is reasonably necessary to

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disclose the information for this litigation and who have signed the “Acknowledgment

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and Agreement to Be Bound” that is attached hereto as Exhibit A;

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(b) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary

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for this litigation, and (2) who have signed the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A);

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(c) the Court and its personnel;

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(d) court reporters and their staff, professional jury or trial consultants, and

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Professional Vendors to whom disclosure is reasonably necessary for this litigation and

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who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and
(e) the author or recipient of a document containing the information or a custodian

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or other person who otherwise possessed or knew the information.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
IN OTHER LITIGATION

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

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compels disclosure of any information or items designated in this action as

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

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that Party must:

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(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;

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(b) promptly notify in writing the party who caused the subpoena or order to issue

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in the other litigation that some or all of the material covered by the subpoena or order is

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subject to this Stipulated Protective Order. Such notification shall include a copy of this

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Stipulated Protective Order; and

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(c) cooperate with respect to all reasonable procedures sought to be pursued by the
Designating Party whose Protected Material may be affected.

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If the Designating Party timely seeks a protective order in any such other

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litigation, the Party served with the subpoena or court order in such other litigation shall

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not produce any information designated in this action as “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination

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by the court from which the subpoena or order issued, unless the Party has obtained the

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Designating Party’s permission.

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expense of seeking protection in that court of its confidential material. Nothing in this

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Stipulated Protective Order should be construed as authorizing or encouraging a

The Designating Party shall bear the burden and

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Receiving Party in this action to disobey a lawful directive from another court.

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9.

A NON-PARTY’S PROTECTED
PRODUCED IN THIS LITIGATION

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(a)

MATERIAL

SOUGHT

TO

BE

The terms of this Stipulated Protective Order are applicable to information

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produced by a Non-Party in this action and designated as “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Any such designation

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shall also function as a consent by such producing Party to the authority of the Court in

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the action to resolve any motion or other application made by any person or Party with

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respect to such designation. Nothing in this Stipulated Protective Order should be

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construed as prohibiting a Non-Party from seeking additional protections.
(b)

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

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a Non-Party’s confidential information in its possession, and the Party is subject to an

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agreement with the Non-Party not to produce the Non-Party’s confidential information,

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then the Party shall:

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(i) promptly notify in writing the Requesting Party and the Non-Party that

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some or all of the information requested is subject to a confidentiality agreement with a

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Non-Party;

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(ii) promptly provide the Non-Party with a copy of this Stipulated Protective

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Order in this litigation, the relevant discovery request(s), and a reasonably specific

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description of the information requested; and
(iii) make the information requested available for inspection by the Non-

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Party.
(c)

If the Non-Party fails to object or seek a protective order from this court

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within 14 days of receiving the notice and accompanying information (or such shorter

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time as is specified in the discovery request if it is less than 14 days), the Receiving

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

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request. If the Non-Party timely seeks a protective order and if allowed by law, the

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Receiving Party shall not produce any information in its possession or control that is

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subject to the confidentiality agreement with the Non-Party before a determination by

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the Court. Absent a court order to the contrary, the Non-Party shall bear the burden and

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expense of seeking protection in this Court of its Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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Protected Material to any person or in any circumstance not authorized under this

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Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

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the Designating Party of the unauthorized disclosures, (b) use good faith, commercially

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

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

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terms of this Stipulated Protective Order, and (d) request such person or persons to

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execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as

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Exhibit A.

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11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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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 protection, the

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obligations of the Receiving Parties are those set forth in Federal Rule of Civil

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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

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may be established in an e-discovery order that provides for production without prior

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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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parties reach an agreement on the effect of disclosure of a communication or information

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covered by the attorney-client privilege or work product protection, the parties may

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incorporate their agreement in the stipulated protective order submitted to the Court.

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12.

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MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Stipulated Protective Order abridges

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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. By stipulating to the entry of this

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Stipulated Protective Order, no Party waives any right it otherwise would have to object

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to disclosing or producing any information or item on any ground not addressed in this

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Stipulated Protective Order. Similarly, no Party waives any right to object on any ground

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to use in evidence of any of the material covered by this Stipulated Protective Order.

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12.3 Filing Protected Material. Without written permission from the Designating

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Party or a Court order secured after appropriate notice to all interested persons, a Party

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may not file in the public record in this action any Protected Material. A Party that seeks

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to file under seal any Protected Material must comply with Civil Local Rule 79-5.

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Protected Material may only be filed under seal pursuant to a Court order authorizing the

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sealing of the specific Protected Material at issue. Pursuant to Civil Local Rule 79-5, a

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sealing order will issue only upon a request establishing that the Protected Material at

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issue is privileged, protectable as a trade secret, or otherwise entitled to protection under

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the law. If a Receiving Party's request to file Protected Material under seal pursuant to

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Civil Local Rule 79-5 is denied by the Court, then the Receiving Party may file the

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Protected Material in the public record unless otherwise instructed by the Court.

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13.

FINAL DISPOSITION

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Within 60 days after the “Final Disposition” of this action, as such term is defined

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in Section 4, each Receiving Party must return all Protected Material to the Producing

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Party or destroy such material. As used in this subdivision, “all Protected Material”

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includes all copies, abstracts, compilations, summaries, and any other format

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reproducing or capturing any of the Protected Material. Whether the Protected Material

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is returned or destroyed, the Receiving Party must submit a written certification to the

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Producing Party (and, if not the same person or entity, to the Designating Party) by the

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60-day deadline that (1) identifies (by category, where appropriate) all the Protected

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Material that was returned or destroyed and (2) affirms that the Receiving Party has not

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1

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

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

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

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

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expert reports, attorney work product, and consultant and expert work product, even if

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such materials contain Protected Material. Any such archival copies that contain or

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constitute Protected Material remain subject to this Stipulated Protective Order as set

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forth in Section 4.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD

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DATED: June 12, 2016

SINGH, SINGH & TRAUBEN, LLP

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By:
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/s/ Michael A. Trauben
Michael A. Trauben (SBN: 277557)

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Attorneys for Defendant
NUTREX RESEARCH, INC.

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DATED: June 12, 2016

LAUSON & TARVER, LLP

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By:

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/s/ Robert J. Lauson
Robert J. Lauson (SBN: 175486)
Attorneys for Plaintiff
LIFTAG SPORT, LLC

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The undersigned hereby attests, pursuant to Local Rule 5-4.3.4(a)(2)(i), that all
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other listed signatories on whose behalf this filing is submitted concur in the filing’s
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content and have authorized the filing.
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DATED: June 12, 2016

SINGH, SINGH & TRAUBEN, LLP

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By:

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/s/ Michael A. Trauben
Michael A. Trauben

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Attorneys for Defendant
NUTREX RESEARCH, INC.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED

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DATED 6/14/2016

________________________________________
ALEXANDER F. MACKINNON
UNITED STATES MAGISTRATE JUDGE

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1

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

_____________________________

[print

or

type

full

name],

of

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______________________________________ [print or type full address], declare under

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penalty of perjury that I have read in its entirety and understand the Stipulated Protective

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Order that was issued by the United States District Court for the Central District of

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California on [______________________] in the case of Liftag Sport, LLC v. Nutrex

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Research, Inc., Case No. 2:15-cv-7354-BRO(AFMx). I agree to comply with and to be

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bound by all the terms of this Stipulated Protective Order and I understand and

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acknowledge that failure to so comply could expose me to sanctions and punishment in

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the nature of contempt. I further agree to submit to the jurisdiction of the United States

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

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

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termination of this action.

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Date: _________________

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City and State where sworn and signed: ________________________

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Printed name: ___________________________
[printed name]

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Signature: ____________________________
[signature]

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