Gold Value International Textile v. Urban Outfitters, Inc. et al

Filing 39

STIPULATED PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg. Re Stipulation for Protective Order 38 . NOTE CHANGES MADE BY THE COURT. (See Order for Further Details) (kl)

dAse 2 :: - 5-cv-08525-PSG-AC) Document 38-1 Filed 05/20/16

’)ge 1 of 18 Page ID #;168
FILED
CLERKUS. DISTRICT COURT

1
I’tA/IV
Jv,!1J

2

I

’r
U t’

---

3

CLNTRAL DISTRICI OF CALIFORNIA
BY
DEpuTy

/V0 Te C8

oats

4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14

GOLD VALUE INTERNATIONAL I CASE NO. 2:15-cv-08525-PSG-AGRx
TEXTILE, d/b/a FIESTA FABRIC, a
California corporation;
+V4k"P80W STIPULATED
ORDER
Plaintiff,
VS.

15
16
17
18
19
20
21
22
23
24

URBAN OUTFITTERS, INC. d/bla
ANTHROPOLOGIE, a Pennsylvania
corporation; BURLINGTON
STORES, INC., a New Jersey
corporation; DANIEL RAINN
FASHION CORPORATION, d/b/a/
DANIEL RA1NN, a California
Corporation; OFF PRICE
NETWORK, LLC, d/b/a OFF PRICE
NETWORK, a California limited
liability company; and DOES 1-10 5
inclusive,

Nor

lNes
CO//Ri-

Defendants.

25
26

1. A. PURPOSES AND LIMITATIONS

27

Discovery in this action is likely to involve production of confidential,

28

proprietary, or private information for which special protection from public
STIPULATED PROTECTIVE ORDER

Case 2: 5-cv-08525-PSG-AC

) Document 38-1 Filed 05/20/16 ’ ’ge 2 of 18 Page ID #;169

1 disclosure and from use for any purpose other than prosecuting this litigation may
2

be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

3

enter the following Stipulated Protective Order. The parties acknowledge that this

4 Order does not confer blanket protections on all disclosures or responses to
5

discovery and that the protection it affords from public disclosure and use extends

6

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

7

under the applicable legal principles. The parties further acknowledge, as set forth

8

in Section 12.3, below, that this Stipulated Protective Order does not entitle them to

9

file confidential information under seal; Civil Local Rule 79-5 sets forth the

10 procedures that must be followed and the standards that will be applied when a
11
12
13

party seeks permission from the court to file material under seal.
B. GOOD CAUSE STATEMENT
This action is likely to involve trade secrets, customer and pricing lists and

14 other valuable research, development, commercial, financial, technical and/or
15

proprietary information for which special protection from public disclosure and

16

from use for any purpose other than prosecution of this action is warranted. Such

17

confidential and proprietary materials and information consist of, among other

18

things, confidential business or financial information, information regarding

19 confidential business practices, or other confidential research, development, or
20

commercial information (including information implicating privacy rights of third

21

parties), information otherwise generally unavailable to the public, or which may be

22

privileged or otherwise protected from disclosure under state or federal statutes,

23

court rules, case decisions, or common law. Accordingly, to expedite the flow of

24

information, to facilitate the prompt resolution of disputes over confidentiality of

25

discovery materials, to adequately protect information the parties are entitled to

26

keep confidential, to ensure that the parties are permitted reasonable necessary uses

27

of such material in preparation for and in the conduct of trial, to address their

28

handling at the end of the litigation, and serve the ends of justice, a protective order
2.

STIPULATED PROTECTIVE ORDER

Case 2:: 5-cv-08525-PSG-AC

I

Document 38-1 Filed 05/20/16

)ge 3 of 18 Page [D# , 170

1

for such information is justified in this matter. It is the intent of the parties that

2

information will not be designated as confidential for tactical reasons and that

3

nothing be so designated without a good faith belief that it has been maintained in a

4

confidential, non-public manner, and there is good cause why it should not be part

5

of the public record of this case.

6

2. DEFINITIONS

7

2.1 Action: This pending federal law suit, Case No. 2:1 5-cv-08525-PSG-

8
9
10
11

AGRx.
2.2 Challenging Party: a Party or Non-Party that challenges the designation
of information or items under this Order.
2.3 "CONFIDENTIAL" Information or Items: information (regardless of

12

how it is generated, stored or maintained) or tangible things that qualify for

13

protection under Federal Rule of Civil Procedure 26(c), and as specified above in

14

the Good Cause Statement.

15

2.4 "HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY"

16

Information or Items: extremely sensitive "Confidential Information or Items"

17

whose disclosure to another Party or non-party would create a substantial risk of

18

serious injury that could not be avoided by less restrictive means.

19
20
21

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

22

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

23

"CONFIDENTIAL."

24

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

25

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

26

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

27

or generated in disclosures or responses to discovery in this matter.

28

2.8 Expert: aperson with specialized knowledge or experience in a matter
3.

STIPULATED PROTECTIVE ORDER

Case 2:

525-PSG-AC,

38-1 Filed 05/20/16

’

ge 4 of 18 Page ID #;171

1

pertinent to the litigation who has been retained by a Party or its counsel to serve as

2

an expert witness or as a consultant in this action, and who is not a past or a current

3

employee of a Party or of a Party’s competitor, and who, at the time of retention, is

4

not anticipated to become an employee of a Party or a Party’s competitor. This

5

definition includes a professional jury or trial consultant retained in connection with

6

this litigation.

7

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

8

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

9

counsel.

10
11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

support staffs).

19

20
21

2.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
2.14 Professional Vendors: persons or entities that provide litigation support

22

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

23

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

24

and their employees and subcontractors.

25

2.15 Protected Material: any Disclosure or Discovery Material that is

26

designated as "CONFIDENTIAL" or as "HIGHLY CONFIDENTIAL -

27

ATTORNEYS’ EYES ONLY."

28

2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

ri

STIPULATED PROTECTIVE ORDER

Case 2:

PSGAC) Document 38-1 Filed 05/20/16

’ge 5 of 18 Page ID #;172

1

from a Producing Party.

2

3. SCOPE

3

The protections conferred by this Stipulation and Order cover not only

4

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

5

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

6

compilations of Protected Material; and (3) any testimony, conversations, or

7

presentations by Parties or their Counsel that might reveal Protected Material.

8
9

Any use of Protected Material at trial shall be governed by the orders of the
trial judge. This Order does not govern the use of Protected Material at trial.

10

4. DURATION

11

Even after final disposition of this litigation, the confidentiality obligations

12

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

13

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

14

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

15

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

16

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

17

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

18

pursuant to applicable law.

19

5. DESIGNATING PROTECTED MATERIAL

20

5.1 Exercise of Restraint and Care in Designating Material for Protection.

21

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

22

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

23

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

24

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

25

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

26

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

27

unjustifiably within the ambit of this Order.

28

Mass, indiscriminate, or routinized designations are prohibited. Designations
5.

STIPULATED PROTECTIVE ORDER

Case

2:15cv.08525.PSGAC

Document,38-1 Filed 05/20/16

ge 6 of 18 Page ID #;173

that are shown to be clearly unjustified or that have been made for an improper
2

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

3

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

4

Designating Party to sanctions.

5

If it comes to a Designating Party’s or a Non-Party’s attention that

6

information or items that it designated for protection do not qualify for protection,

7

that Designating Party or Non-Party must promptly notify all other Parties that it is

8

withdra-wing the inapplicable designation.

9

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

10

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

11

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

12

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

13

produced.

14

Designation in conformity with this Order requires:

15

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

16

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

17

the Producing Party affix at a minimum, the legend "CONFIDENTIAL" or

18

"HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY" (hereinafter

19

"CONFIDENTIAL legend"), to each page that contains protected material. If only a

20

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

21

Party also must clearly identify the protected portion(s) (e.g., by making

22

appropriate markings in the margins) and must specify, for each portion, the level

23

of protection being asserted (either "CONFIDENTIAL" or "HIGHLY

24

CONFIDENTIAL - ATTORNEYS’ EYES ONLY").

25

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

26

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

27

which documents it would like copied and produced. During the inspection and

28

before the designation, all of the material made available for inspection shall be
6.

STIPULATED PROTECTIVE ORDER

Case 2:

cv-08525-.PSG-AC") Document,38-1

Filed 05/20/16 ’ Age 7 of 18 Page ID

1

deemed "HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY." After the

2

inspecting Party has identified the documents it wants copied and produced, the

3

Producing Party must determine which documents, or portions thereof, qualify for

4

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

5

Producing Party must affix the appropriate legend "CONFIDENTIAL" or

6

"HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY" to each page that

7

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

8

qualifies for protection, the Producing Party also must clearly identify the protected

9

portion(s) (e.g., by making appropriate markings in the margins) and must specify,

10

for each portion, the level of protection being asserted (either "CONFIDENTIAL"

11

or "HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY").

(0

(b) For testimony given in deposition

13

that the Party or Non-Party offering or sponsoring the testimony identify on the

14

record, before the close of the deposition,

15

testimony, and further specify any portions of the testimony that qualify as

16

"HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY." When it is

17

impractical to identify separately each portion of testimony that is entitled to

18

protection, and when it appears that substantial portions of the testimony may

19

qualify for protection, the Party or Non-Party that sponsors, offers, or gives the

20

testimony may invoke on the record (before the deposition or proceeding is

21

concluded) a right to have up to twenty (20) days to identify the specific portions of

22

the testimony as to which protection is sought and to specify the level of protection

23

being asserted ("CONFIDENTIAL" or HIGHLY CONFIDENTIAL -

24

ATTORNEYS’ EYES ONLY"). Only those portions of the testimony that are

25

appropriately designated for protection within the twenty (20) days shall be covered

26

by the provisions of this Stipulated Protective Order.

27
28

all protected

Transcript pages containing Protected Material must be separately bound by
the court reporter, who must affix to the top of each such page the legend
’1

STIPULATED PROTECTIVE ORDER

Case 2

cv-08525-PSG-AC

) Document,38-1 Filed 05/20/16 ye 8 of 18 Page ID #;175

1

"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES

2

ONLY," as instructed by the Party or non-party offering or sponsoring the witness

3

or presenting the testimony.

4

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

5

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

6

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

7

"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ATTORNEYS’ EYES

8

ONLY." If only portions of the information or item warrant protection, the

9

Producing Party, to the extent practicable, shall limit the protected portions,

10

specifying whether they qualify as "Confidential" or as "Highly Confidential -

11

Attorneys’ Eyes Only."

12

5.3 Inadvertent Failures to Designate. If corrected within a reasonable period

13

of time, an inadvertent failure to designate qualified information or items as

14

"Confidential" or "Highly Confidential

15

standing alone, waive the Designating Party’s right to secure protection under this

16

Order for such material. If material is appropriately designated as "Confidential" or

17

"Highly Confidential - Attorneys’ Eyes Only" after the material was initially

18

produced, the Receiving Party, on timely notification of the designation, must make

19

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

20

provisions of this Order.

Attorneys’ Eyes Only" does not,

21

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

22

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

23

designation of confidentiality at any time that is consistent with the Court’s

24

Scheduling Order.

25
26
27
28

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

STIPULATED PROTECTIVE ORDER

Case 2: .5-cv-08525-PSG-AC

Document38-1 Filed 05/20/16 ’ - )ge 9 of 18 Page ID #:176

1

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

2

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

3

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

4

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

5

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

6

challenge.

7

7. ACCESS TO AND USE OF PROTECTED MATERIAL

8

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

9

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

10

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

11

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

12

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

13

Receiving Party must comply with the provisions of section 13 below (FINAL

14

DISPOSITION).

15

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

16

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

17

authorized under this Order.

18

7.2 Disclosure of "Confidential" Information or Items. Unless otherwise

19

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

20

Party may disclose any information or item designated "CONFIDENTIAL" only to:

21

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

22

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

23

to disclose the information for this Action;

24

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

25

Receiving Party to whom disclosure is reasonably necessary for this Action;

26

(c) Experts (as defined in this Order) of the Receiving Party to whom

27

disclosure is reasonably necessary for this Action and who have signed the

28

"Acknowledgment and Agreement to Be Bound" (Exhibit A);
STIPULATED PROTECTIVE ORDER

Case

15-cv-08525-PSG- R Document 38-1 Filed 0512011’
#:177

page 10 of 18 Page ID

1

(d) the court and its personnel;

2

(e) court reporters and their staff;

3

(f) professional jury or trial consultants, mock jurors, and Professional

4

Vendors to whom disclosure is reasonably necessary for this Action and who have

5

signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A);

6
7

8
9

(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
(h) during their depositions, witnesses and attorneys for witnesses, in the
Action to whom disclosure is reasonably necessary provided: (1) the deposing party

10

requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they

11

will not be permitted to keep any confidential information unless they sign the

12

"Acknowledgment and Agreement to Be Bound" (Exhibit A), unless otherwise

13

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

14

deposition testimony or exhibits to depositions that reveal Protected Material may

15

be separately bound by the court reporter and may not be disclosed to anyone

16

except as permitted under this Stipulated Protective Order; and

17
18
19

(i) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
7.3 Disclosure of "Highly Confidential - Attorneys’ Eyes Only"

20

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

21

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

22

or item designated "HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY"

23

only to the following:

24

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

25

employees of said Counsel to whom it is reasonably necessary to disclose the

26

information for this litigation and who have signed the Agreement to Be Bound by

27

Protective Order that is attached hereto as Exhibit A;

28

(b) Experts (as defined in this Order) to whom disclosure is reasonably
10.

STIPULATED PROTECTIVE ORDER

Case2:15-cv-08525-.PSG-’ R Document 38-1 Filed 05/2011’
#:178

I

page ii of 18

Page l,D

1

necessary for this litigation, who have signed the Agreement to Be Bound by

2

Protective Order (Exhibit A), and as to whom the procedures set forth below in the

3

Procedures for Approving Disclosure of "Highly Confidential - Attorneys’ Eyes

4

Only" Information or Items to Experts have been followed;

5

(c) The Court and its personnel;

6

(d) Court reporters, their staffs, and professional vendors to whom disclosure

7

is reasonably necessary for this litigation and who have signed the Agreement to Be

8

Bound by Protective Order (Exhibit A); and

9
10
11
12

(e) The author of the document or the original source of the information.
7.4 Procedures for Approving Disclosure of "Highly Confidential
Attorneys’ Eyes Only" Information or Items to Experts.
(a) Unless otherwise ordered by the Court or agreed in writing by the

13

Designating Party, a Party that seeks to disclose to an Expert (as defined in this

14

Order) any information or item that has been designated "HIGHLY

15

CONFIDENTIAL ATTORNEYS’ EYES ONLY" first must make a written

16

request to the Designating Party that accomplishes the following:

17
18
19
20

(1) Identifies the specific HIGHLY CONFIDENTIAL information that the
Receiving Party seeks permission to disclose to the Expert;
(2) Sets forth the full name of the Expert as well as the city and state of his or
her primary residence;

21

(3) Includes a copy of the Expert’s current resume;

22

(4) Identifies the Expert’s current employer(s);

23

(5) Identifies each person or entity from whom the Expert has received

24

compensation for work in his or her areas of expertise or to whom the expert has

25

provided professional services at any time during the preceding three years; and

26

(6) Identifies (by name and number of the case, filing date, and location of

27

court) any litigation in connection with which the Expert has provided any

28

professional services during the preceding three years.
11.

STIPULATED PROTECTIVE ORDER

Case

1

15-cv-08525-PSG- IR Document 384 Filed 0512011’ Page 12 of 18 Page l,D
)
#:179

(b) A Party that makes a request and provides the information specified in the

2

preceding paragraph may disclose the subject Protected Material to the identified

3

Expert unless, within seven court days of delivering the request, the Party receives a

4

written objection from the Designating Party. Any such objection must set forth in

5

detail the grounds on which it is based.

6

(c) A Party that receives a timely written objection must meet and confer

7

with the Designating Party to try to resolve the matter by agreement. If no

8

agreement is reached, the Party seeking to prevent the disclosure to the Expert may

9

file a motion as provided in the Federal Rules of Civil Procedure and the Judge’s

10

rules seeking permission from the court to do so. Any such motion must describe

11

the circumstances with specificity, set forth in detail the reasons for which

12

preventing the disclosure to the Expert is reasonably necessary, assess the risk of

13

harm that the disclosure would entail, and suggest any additional means that might

14

be used to reduce that risk. In addition, any such motion must be accompanied by a

15

competent declaration in which the movant describes the parties’ efforts to resolve

16

the matter by agreement (i.e., the extent and the content of the meet-and-confer

17

discussions) and sets forth the reasons advanced by the Designating Party for its

18

refusal to approve the disclosure. In any such proceeding, the Party opposing

19

disclosure to the Expert shall bear the burden of proving that the risk of harm that

20

the disclosure would entail, even under the safeguards proposed, outweighs the

21

Receiving Party’s need to disclose the Protected Material to its Expert.

22

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

23
24

PRODUCED IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation

25

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

26

"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES

27

ONLY," that Party must:

28

(a) promptly notify in writing the Designating Party. Such notification shall
12.

STIPULATED PROTECTIVE ORDER

Case :15-cv-08525-PSG- R Document 38-1 Filed 0512011’
#:180

Page 13 of 18 Page D
1

1 include a copy of the subpoena or court order;
2

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

3

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

4

or order is subject to this Protective Order. Such notification shall include a copy of

5

this Stipulated Protective Order; and

6
7
8

(c) cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with

9 the subpoena or court order shall not produce any information designated in this
10 action as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS’
11 EYES ONLY" before a determination by the court from which the subpoena or
12

order issued, unless the Party has obtained the Designating Party’s permission. The

13

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

14

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

15

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

16 a lawful directive from another court.
17
18

19

9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced by a Non-

20

Party in this Action and designated as "CONFIDENTIAL" or "HIGHLY

21

CONFIDENTIAL - ATTORNEYS’ EYES ONLY." Such information produced by

22

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

23

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

24

prohibiting a Non-Party from seeking additional protections.

25

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

26

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

27

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

28

confidential information, then the Party shall:
13.

STIPULATED PROTECTIVE ORDER

ease :15-CV-08525-PSG- R Document 38-1 Filed
)
#: 181
Ii

05120/i’

Page 14 of 18

Page tD

1

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

2

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

3

with a Non-Party;

4

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

5

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

6

description of the information requested; and

7
8
9

(3) make the information requested available for inspection by the NonParty, if requested.
(c) If the Non-Party fails to seek a protective order from this court within 14

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

and Agreement to Be Bound" that is attached hereto as Exhibit A.

26

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain
14.

STIPULATED PROTECTIVE ORDER

Case 2:15-cv-08525-PSG
}

R Document 38-1 Filed 05/20/1
#:182

Page 15 of 18 Page ID

1

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

2

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

3

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

4

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

5

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

6

5 02(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

7

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

8

product protection, the parties may incorporate their agreement in the stipulated

9

protective order submitted to the court.

10

12. MISCELLANEOUS

11

12.1 Right to Further Relief. Nothing in this Order abridges the right of any

12

person to seek its modification by the Court in the future.

13

12.2 Right to Assert Other Objections. By stipulating to the entry of this

14

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

15

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

16

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

17

any ground to use in evidence of any of the material covered by this Protective

18

Order.

19

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

20

Protected Material must comply with Civil Local Rule 79-5. Protected Material

21

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

22

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

23

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

24

in the public record unless otherwise instructed by the court.

25

13. FINAL DISPOSITION

26

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

27

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

28

return all Protected Material to the Producing Party or destroy such material. As
15.

STIPULATED PROTECTIVE ORDER

Case 15-cv-08525-PSG

R Document 38-1 Filed 05I20I1Page 16 of 18 Page ID
1
I
#:183

1

used in this subdivision, "all Protected Material" includes all copies, abstracts,

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

copies that contain or constitute Protected Material remain subject to this Protective

15

Order as set forth in Section 4 (DURATION).

16
17

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

18 II sanctions.
19

21

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: May 18, 2016

/s/C. Yongfeong
C. Yong Jeong
JEONG & LIKENS, L.C.
Attorney for Plaintiff
GOLD VALUE INTERNATIONAL
TEXTILE

Dated: May 18, 2016

/s/GaryF. Wang
Gary F. Wang
Attorney for Defendants URBAN OUTFITTERS,
INC., BURLINGTON STORES, INC., DANIEL
RAINN FASHION CORPORATION, and OFF
PRICE NETWORK, LLC

22
23
24
25
26
27

wo
16.

STIPULATED PROTECTIVE ORDER

Case :15-cv-08525-PSG <R Document 38-1 Filed 05/20/3’
)
#:184

Page 17 of 18 Page ID

1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

3
4

DATED:
Hon.GtLtA6
United States -Di.&t-r-iet Judge

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
17.

STIPULATED PROTECTIVE ORDER

Case

15-cv-08525-PSG SR Document 381 Filed 051201’
)
#:185

I

Page 18 of 18 Page ID

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

[print or type full name], of___________________

I,

[print or type full address], declare under

5
6
7

penalty of perjury that I have read in its entirety and understand the Stipulated
Protective Order that was issued by the United States District Court for the Central
in the case of GOLD VALUE

8

District of California on

9

INTERNATIONAL TEXTILE v. URBAN OUTFITTERS, INC., ET AL., Case

10
it
12

No.: 2:15-cv-08525-PSG-AGRx. I agree to comply with and to be bound by all the
terms of this Stipulated Protective Order and I understand and acknowledge that
failure to so comply could expose me to sanctions and punishment in the nature of

13

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

14

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

15

or entity except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court

16
17
ig
1
2
21
22
23

for the Central District of California for the purpose of enforcing the terms of this
Stipulated Protective Order, even if such enforcement proceedings occur after
termination of this action. I hereby appoint

[print

or type full name] of

or type

full address and telephone number] as my California agent for service of process in
connection with this action or any proceedings related to enforcement of this
Stipulated Protective Order.

24
25
26
27
28

Date:
City and State where sworn and signed:
Printed name:
Signature:
In

STIPULATED PROTECTIVE ORDER