Robert Ford v. Natural Health Trends Corp. et al

Filing 85

PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon re Stipulation for Protective Order 82 . (ib)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ROBERT FORD, Individually and on
behalf of all others similarly situated,
Plaintiff,

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v.

Case No. 2:16-cv-00255-TJH-AFM
CLASS ACTION
STIPULATED PROTECTIVE
ORDER

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NATURAL HEALTH TRENDS CORP.,
CHRIS T. SHARNG, and TIMOTHY S.
17 DAVIDSON,
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Hon. Terry J. Hatter, Jr.
Complaint Filed: April 29, 2016
Trial Date: None Set

Defendants.

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STIPULATED PROTECTIVE ORDER
CASE NO. 2:16-CV-00255-TJH-AFM

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STIPULATED ORDER GOVERNING THE PRODUCTION,

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EXCHANGE, AND FILING OF CONFIDENTIAL MATERIAL

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1.

A.

PURPOSES AND LIMITATIONS

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

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proprietary, or private information for which special protection from public

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

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

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

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

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

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

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under the applicable legal principles.

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B.

GOOD CAUSE STATEMENT

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This action is likely to involve commercial, financial, legal and/or strategic

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

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any purpose other than prosecution of this action is warranted. Such confidential

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and proprietary materials and information consist of, among other things, legal

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advice received from counsel concerning compliance with various rules and

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regulations, business strategy, and proprietary marketing and recruitment practices

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involved in the operations of Natural Health Trends Corp. Accordingly, to expedite

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

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confidentiality of discovery materials, to adequately protect information the parties

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are entitled to keep confidential, to ensure that the parties are permitted reasonable

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necessary uses of such material in preparation for and in the conduct of trial, to

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address their handling at the end of the litigation, and serve the ends of justice, a

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protective order for such information is justified in this matter. It is the intent of the
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STIPULATED PROTECTIVE ORDER
CASE NO. 2:16-CV-00255-TJH-AFM

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

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

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maintained in a confidential, non-public manner, and there is good cause why it

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should not be part of the public record of this case.

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C.

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ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
SEAL

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

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Stipulated Protective Order does not entitle them to file confidential information

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under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

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and the standards that will be applied when a party seeks permission from the court

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to file material under seal.

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2.

DEFINITIONS
2.1

Action: Robert Ford v. Natural Health Trends Corp. et al., Case No.

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2:16-cv-00255-TJH-AFM, and Li v. Natural Health Trends Corp. et al., No. 2:06-

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cv-00309-TJH-FFM.

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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

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

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

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the Good Cause Statement.

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2.4

Counsel: Outside Counsel of Record 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

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“CONFIDENTIAL.”
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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM

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2.6

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.

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2.7

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

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pertinent to the litigation who 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.

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2.8

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

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

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

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

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

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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.

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2.13 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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2.14 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”

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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM

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2.15 Receiving Party: a Party that receives Disclosure or Discovery
Material from a Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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

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

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

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

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However, the protections conferred by this Stipulation and Order do not

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cover the following information: (a) any information that is in the public domain at

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the time of disclosure to a Receiving Party or becomes part of the public domain

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after its disclosure to a Receiving Party as a result of publication not involving a

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violation of this Order, including becoming part of the public record through trial or

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otherwise; and (b) any information known to the Receiving Party prior to the

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disclosure or obtained by the Receiving Party after the disclosure from a source

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

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the Designating Party. Further, nothing in this Order shall prevent or restrict a

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Designating Party’s own disclosure or use of its own Protected Material for any

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purpose.

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Nothing in this Order shall be construed to prejudice any party’s right to use

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any Protected Material in court or in any court filing with consent of the

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Designating Party or by order of the Court.

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This Order is without prejudice to the right of any party to seek further or

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additional protection of any Protected Material or to modify this Order in any way,

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including, without limitation, an order that certain matter not be produced at all.

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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.
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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM

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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 time

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pursuant to applicable law.

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5.

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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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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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM

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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.

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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 or trial

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

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“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

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contains protected 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 the protected

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

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

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

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which documents 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

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deemed “CONFIDENTIAL.” After the inspecting Party has identified the

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

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which documents, or portions thereof, qualify for protection under this Order. Then,

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before producing the specified documents, the Producing Party must affix the

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“CONFIDENTIAL legend” to each page that contains Protected Material. If only a

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

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

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appropriate markings in the margins).

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(b) For testimony given in depositions that the Designating Party identify the

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Disclosure or Discovery Material on the record, before the close of the deposition

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all protected testimony. When it is impractical to identify separately each portion of
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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM

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testimony that is entitled to protection and it appears that substantial portions of the

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testimony may qualify for protection, the Designating Party may invoke on the

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record (before the deposition, hearing, or other proceeding is concluded) a right to

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have up to 30 days from receipt of a final transcript to identify the specific portions

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

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protection being asserted. Only those portions of the testimony that are

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appropriately designated for protection within the 30 days shall be covered by the

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provisions of this Stipulation and Order. Alternatively, a Designating Party may

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specify, at the deposition or up to 30 days after the receipt of the final transcript if

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that period is properly invoked, that the entire transcript shall be treated as

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“CONFIDENTIAL.”

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disclosed during a deposition shall be deemed “CONFIDENTIAL” until 14 days

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after receipt of the final transcript of the testimony. Any party that wishes to

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disclose during the above mentioned 14-day period the transcript that has been

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deemed “CONFIDENTIAL” as a result of no designation having been made on the

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record at the time the testimony was given, or information contained therein, may

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provide written notice of its intent to treat the transcript as non-confidential, after

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which time, any party that wants to maintain any portion of the transcript as

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“CONFIDENTIAL” must designate the confidential portions within five (5) court

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days, or else the transcript may be treated as non-confidential.

If no indication on the record is made, all information

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Parties shall give the other parties (including the Designating Party) notice if

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they reasonably expect a deposition, hearing, or other proceeding to include

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Protected Material so that the other parties can ensure that only authorized

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individuals who have signed the “Acknowledgment and Agreement to Be Bound”

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(Exhibit A) are present at those proceedings. The use of a document as an exhibit

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at a deposition or other pretrial or trial proceeding shall not in any way affect its

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designation as “CONFIDENTIAL.” Counsel for any Producing Party shall have

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the right to exclude from oral depositions, other than the deponent, deponent’s
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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM

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counsel, the reporter and videographer (if any), any person who is not authorized

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by this Order to receive or access Protected Material based on the designation of

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such Protected Material. Such right of exclusion shall be applicable only during

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periods of examination or testimony regarding such Protected Material.

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Transcripts containing Protected Material shall have an obvious legend on

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the title page that the transcript contains Protected Material, and the title page shall

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be followed by a list of all pages (including line numbers as appropriate) that have

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been designated as Protected Material and the level of protection being asserted by

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the Designating Party. The Designating Party shall inform the court reporter of

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these requirements. Any transcript that is prepared before the expiration of a 30-

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day period for designation shall be treated during that period as if it had been

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designated “CONFIDENTIAL” in its entirety unless otherwise agreed. After the

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expiration of that period, the transcript shall be treated only as actually designated.

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In the event the deposition is videotaped, the original and all copies of the videotape

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shall be marked by the video technician to indicate that the contents of the videotape

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are subject to this Order, substantially along the lines of “This videotape contains

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confidential testimony used in this case and is not to be viewed or the contents

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thereof to be displayed or revealed except pursuant to the terms of the operative

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Protective Order in this matter.”

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

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

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

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“CONFIDENTIAL.” If only a portion or portions of the information warrants

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protection, the Producing Party, to the extent practicable, shall identify the

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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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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM

1

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.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

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

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Scheduling Order. Unless a prompt challenge to a Designating Party’s

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confidentiality designation is necessary to avoid foreseeable, substantial unfairness,

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unnecessary economic burdens, or a significant delay or disruption of the litigation,

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a Party does not waive its right to challenge a confidentiality designation by

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electing not to mount a challenge promptly after the original designation is

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disclosed.

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6.2

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Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
6.3

Joint Stipulation. Any challenge submitted to the Court shall be via a

joint stipulation pursuant to Local Rule 37-2.
6.3

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

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

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

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

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

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challenge.

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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM

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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

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

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

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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 (FINAL

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DISPOSITION).

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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 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:

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(a)

Party

may

disclose

any

information

or

item

designated

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

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

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necessary to disclose the information for this Action;

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(b)

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

the Receiving Party to whom disclosure is reasonably necessary for this Action;
(c)

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

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

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“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;

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(f)

professional jury or trial consultants, mock jurors, and Professional

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

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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM

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(g)

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

custodian or other person who otherwise possessed or knew the information;

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(h)

during their depositions, witnesses and attorneys for witnesses in the

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Action to whom disclosure is reasonably necessary provided: (1) the deposing party

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

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will not be permitted to keep any confidential information unless otherwise agreed

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

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testimony or exhibits to depositions that reveal Protected Material may be

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

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as permitted under this Stipulated Protective Order; and

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(i)

any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any of the parties engaged in settlement discussions.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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

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

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“CONFIDENTIAL,” 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;
(b)

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

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

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

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a copy of this 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, the Party served with

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the subpoena or court order shall not produce any information designated in this
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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM

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action as “CONFIDENTIAL” before a determination by the court from which the

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

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permission. The Designating Party shall bear the burden and expense of seeking

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protection in that court of its confidential material and nothing in these provisions

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should be construed as authorizing or encouraging a Receiving Party in this Action

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to disobey a lawful directive from another court.

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The provisions set forth herein are not intended to, and do not, restrict in any
way the procedures set forth in Federal Rule of Civil Procedure 45(d)(3) or (f).

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9.

A

NON-PARTY’S

PROTECTED

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(a)

SOUGHT

TO

BE

PRODUCED IN THIS LITIGATION

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MATERIAL

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

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Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

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

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remedies and relief provided by this Order. Nothing in these provisions should be

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

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(b)

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

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

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

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confidential information, then the Party shall:

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(1)

promptly notify in writing the Requesting Party and the Non-

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

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agreement with a Non-Party;

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(2)

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

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

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specific description of the information requested; and

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(3)

make the information requested available for inspection by the

Non-Party, if requested.
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STIPULATED PROTECTIVE ORDER
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(c)

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

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

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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, the Receiving Party shall

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

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

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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

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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

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

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

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

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11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL

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(a)

The inadvertent production by a Party of Disclosure or

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Discovery Material subject to the attorney-client privilege, work-product

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protection, or any other applicable privilege or protection, despite the Producing

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Party’s reasonable efforts to prescreen such Disclosure or Discovery Material prior

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to production, will not waive the applicable privilege and/or protection if a notice

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and request for return of such inadvertently produced Disclosure or Discovery
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STIPULATED PROTECTIVE ORDER
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1

Material is made promptly after the Producing Party learns of its inadvertent

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production.

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(b)

Upon a notice and request from any Producing Party who has

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inadvertently produced Disclosure or Discovery Material that it believes is

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privileged and/or protected, each Receiving Party shall immediately return within

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five (5) days of such notice and request such Disclosure or Discovery Material and

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all copies to the Producing Party, except for any pages containing privileged

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markings by the Receiving Party which shall instead be destroyed and certified as

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such by the Receiving Party to the Producing Party.

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(c)

Within five (5) days of the Producing Party’s notice and request

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for the return and/or destruction of privileged Disclosure or Discovery Material, the

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Producing Party shall provide a privilege log with entries for the inadvertently

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produced document(s). The Producing Party shall maintain the referenced

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document(s) until the Parties resolve any dispute concerning the privileged nature

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of such documents or the Court rules on any motion to compel production of such

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documents. If a dispute arises concerning the privileged nature of the document(s)

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demanded or returned, the Parties shall meet and confer in good faith in an effort to

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resolve the dispute. If the Parties are unable to resolve the dispute, the Receiving

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Party may file a motion to compel the production of such document(s). In the event

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of such a motion to compel, the Producing Party shall have the burden to

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demonstrate the claimed privilege, work product immunity or other immunity.

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However, in no case will the return of any demanded document be delayed or

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refused by reason of a party’s objection to the demand or by the filing of a motion

24

to compel, nor may a party assert the fact of the inadvertent production as a ground

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for any such motion. The Receiving Party shall not use or refer to any information

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contained within the document(s) at issue, including in deposition or at trial or in

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any Court filing, unless and until such a motion to compel production of that

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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM

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document is granted by the Court, except as such information may appear in any

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applicable privilege log.

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12.

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. By stipulating to the entry of this

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

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

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

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

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Order.

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12.3 Export Control. The Protected Material disclosed by the Producing

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Party may contain technical data subject to export control laws and therefore the

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release of such technical data to foreign persons or nationals in the United States or

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elsewhere may be restricted. The Receiving Party shall take measures necessary to

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ensure compliance with applicable export control laws, including confirming that

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no unauthorized foreign person has access to such technical data.

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

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Protected Material must comply with Local Civil Rule 79.5. Protected Material

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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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12.5 Privilege Logs. No Party is required to identify on its respective

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privilege log any document or communication dated after January 16, 2016, the

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date of filing of the complaint in this Action. The parties shall exchange their

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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM

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respective privilege logs at a time to be agreed upon by the parties following the

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production of documents, or as otherwise ordered by the Court.

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13.

FINAL DISPOSITION

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After the final disposition of this Action, as defined in paragraph 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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copies, abstracts, compilations, summaries or any other format reproducing or

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

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

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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 Protective

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Order as set forth in paragraph 4 (DURATION).

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///

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///

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///

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///

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///

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///
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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM

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14.

VIOLATION OF THIS ORDER

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

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

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sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: March 29, 2017

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/s/ Adam C. McCall
Nicholas I. Porritt
Adam M. Apton
Adam C. McCall
Levi & Korsinsky LLP

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Laurence M. Rosen
Jonathan Horne
The Rosen Law Firm, P.A.

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Lead Counsel for Co-Lead Plaintiffs

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DATED: March 29, 2017

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/s/ Angela L. Dunning
Patrick E. Gibbs
Angela L. Dunning
Blake M. Zollar
Cooley LLP

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Counsel for Defendants

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: 6/19/ 2017
_____________________________
ALEXANDER F. MACKINNON
U. S. MAGISTRATE JUDGE

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Case No. 2:16-cv-00255-TJH-AFM

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EXHIBIT A
Case No. 2:16-cv-00255-TJH-AFM

ROBERT FORD, Individually and on
behalf of all others similarly situated,

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CLASS ACTION

Plaintiff,

Stipulated Order Governing the
Production, Exchange, and Filing of
Confidential Material

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6

v.

NATURAL HEALTH TRENDS CORP.,
CHRIS T. SHARNG, and TIMOTHY S.
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DAVIDSON,
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Defendants.

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ACKNOWLEDGMENT AND NON-DISCLOSURE AGREEMENT
I have read and understand the Stipulation and Order to which this Exhibit A
is annexed and I attest to my understanding that access to information designated
“Confidential” may be provided to me and that such access is pursuant to the terms,
conditions, and restrictions of the Stipulation and Order. I shall not use or disclose
to others, except in accordance with the Stipulation and Order, any “Confidential”
information. I hereby submit to the jurisdiction of this Court, and to the application
of California law, for the purpose of enforcement of this Acknowledgment and the
Stipulation and Protective Order.
Dated: ______________

__________________________
Signature

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__________________________
Printed Name

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__________________________
Address

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__________________________
Individual or Entity Represented

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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM

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ATTESTATION PURSUANT TO LOCAL RULE 5-4.3.4
This certifies, pursuant to Local Rule 5-4.3.4, that all signatories to this
document concur in its content and have authorized this filing.

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5

DATED: March 29, 2017

/s/ Angela L. Dunning
Angela L. Dunning

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STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-00255-TJH-AFM