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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 ROBERT FORD, Individually and on behalf of all others similarly situated, Plaintiff, 13 14 v. Case No. 2:16-cv-00255-TJH-AFM CLASS ACTION STIPULATED PROTECTIVE ORDER 15 NATURAL HEALTH TRENDS CORP., CHRIS T. SHARNG, and TIMOTHY S. 17 DAVIDSON, 16 18 Hon. Terry J. Hatter, Jr. Complaint Filed: April 29, 2016 Trial Date: None Set Defendants. 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER CASE NO. 2:16-CV-00255-TJH-AFM 1 STIPULATED ORDER GOVERNING THE PRODUCTION, 2 EXCHANGE, AND FILING OF CONFIDENTIAL MATERIAL 3 4 1. A. PURPOSES AND LIMITATIONS 5 Discovery in this action is likely to involve production of confidential, 6 proprietary, or private information for which special protection from public 7 disclosure and from use for any purpose other than prosecuting this litigation may 8 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 9 enter the following Stipulated Protective Order. The parties acknowledge that this 10 Order does not confer blanket protections on all disclosures or responses to 11 discovery and that the protection it affords from public disclosure and use extends 12 only to the limited information or items that are entitled to confidential treatment 13 under the applicable legal principles. 14 15 B. GOOD CAUSE STATEMENT 16 This action is likely to involve commercial, financial, legal and/or strategic 17 information for which special protection from public disclosure and from use for 18 any purpose other than prosecution of this action is warranted. Such confidential 19 and proprietary materials and information consist of, among other things, legal 20 advice received from counsel concerning compliance with various rules and 21 regulations, business strategy, and proprietary marketing and recruitment practices 22 involved in the operations of Natural Health Trends Corp. Accordingly, to expedite 23 the flow of information, to facilitate the prompt resolution of disputes over 24 confidentiality of discovery materials, to adequately protect information the parties 25 are entitled to keep confidential, to ensure that the parties are permitted reasonable 26 necessary uses of such material in preparation for and in the conduct of trial, to 27 address their handling at the end of the litigation, and serve the ends of justice, a 28 protective order for such information is justified in this matter. It is the intent of the -2- STIPULATED PROTECTIVE ORDER CASE NO. 2:16-CV-00255-TJH-AFM 1 parties that information will not be designated as confidential for tactical reasons 2 and that nothing be so designated without a good faith belief that it has been 3 maintained in a confidential, non-public manner, and there is good cause why it 4 should not be part of the public record of this case. 5 6 C. 7 ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 8 The parties further acknowledge, as set forth in Section 12.3, below, that this 9 Stipulated Protective Order does not entitle them to file confidential information 10 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 11 and the standards that will be applied when a party seeks permission from the court 12 to file material under seal. 13 14 15 2. DEFINITIONS 2.1 Action: Robert Ford v. Natural Health Trends Corp. et al., Case No. 16 2:16-cv-00255-TJH-AFM, and Li v. Natural Health Trends Corp. et al., No. 2:06- 17 cv-00309-TJH-FFM. 18 19 20 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 21 how it is generated, stored or maintained) or tangible things that qualify for 22 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 23 the Good Cause Statement. 24 25 26 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or 27 items that it produces in disclosures or in responses to discovery as 28 “CONFIDENTIAL.” -3- STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 2.6 Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced 4 or generated in disclosures or responses to discovery in this matter. 5 2.7 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 an expert witness or as a consultant in this Action. 8 9 10 11 12 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. 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 13 2.10 Outside Counsel of Record: attorneys who are not employees of a 14 party to this Action but are retained to represent or advise a party to this Action and 15 have appeared in this Action on behalf of that party or are affiliated with a law firm 16 which has appeared on behalf of that party, and includes support staff. 17 2.11 Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 21 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 22 2.13 Professional Vendors: persons or entities that provide litigation 23 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 and their employees and subcontractors. 26 27 2.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 28 -4- STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 2 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 3 4 3. SCOPE 5 The protections conferred by this Stipulation and Order cover not only 6 Protected Material (as defined above), but also (1) any information copied or 7 extracted from Protected Material; (2) all copies, excerpts, summaries, or 8 compilations of Protected Material; and (3) any testimony, conversations, or 9 presentations by Parties or their Counsel that might reveal Protected Material. 10 However, the protections conferred by this Stipulation and Order do not 11 cover the following information: (a) any information that is in the public domain at 12 the time of disclosure to a Receiving Party or becomes part of the public domain 13 after its disclosure to a Receiving Party as a result of publication not involving a 14 violation of this Order, including becoming part of the public record through trial or 15 otherwise; and (b) any information known to the Receiving Party prior to the 16 disclosure or obtained by the Receiving Party after the disclosure from a source 17 who obtained the information lawfully and under no obligation of confidentiality to 18 the Designating Party. Further, nothing in this Order shall prevent or restrict a 19 Designating Party’s own disclosure or use of its own Protected Material for any 20 purpose. 21 Nothing in this Order shall be construed to prejudice any party’s right to use 22 any Protected Material in court or in any court filing with consent of the 23 Designating Party or by order of the Court. 24 This Order is without prejudice to the right of any party to seek further or 25 additional protection of any Protected Material or to modify this Order in any way, 26 including, without limitation, an order that certain matter not be produced at all. 27 28 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. -5- STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 4. DURATION 2 Even after final disposition of this litigation, the confidentiality obligations 3 imposed by this Order shall remain in effect until a Designating Party agrees 4 otherwise in writing or a court order otherwise directs. Final disposition shall be 5 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 6 with or without prejudice; and (2) final judgment herein after the completion and 7 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 8 including the time limits for filing any motions or applications for extension of time 9 pursuant to applicable law. 10 11 12 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 13 Each Party or Non-Party that designates information or items for protection under 14 this Order must take care to limit any such designation to specific material that 15 qualifies under the appropriate standards. The Designating Party must designate for 16 protection only those parts of material, documents, items, or oral or written 17 communications that qualify so that other portions of the material, documents, 18 items, or communications for which protection is not warranted are not swept 19 unjustifiably within the ambit of this Order. 20 Mass, indiscriminate, or routinized designations are prohibited. Designations 21 that are shown to be clearly unjustified or that have been made for an improper 22 purpose (e.g., to unnecessarily encumber the case development process or to 23 impose unnecessary expenses and burdens on other parties) may expose the 24 Designating Party to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it 26 designated for protection do not qualify for protection, that Designating Party must 27 promptly notify all other Parties that it is withdrawing the inapplicable designation. 28 -6- STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 5.2 Manner and Timing of Designations. Except as otherwise provided in 2 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 4 under this Order must be clearly so designated before the material is disclosed or 5 produced. 6 Designation in conformity with this Order requires: 7 (a) For information in documentary form (e.g., paper or electronic 8 documents, but excluding transcripts of depositions or other pretrial or trial 9 proceedings), that the Producing Party affix at a minimum, the legend 10 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 11 contains protected material. If only a portion or portions of the material on a page 12 qualifies for protection, the Producing Party also must clearly identify the protected 13 portion(s) (e.g., by making appropriate markings in the margins). 14 A Party or Non-Party that makes original documents available for inspection 15 need not designate them for protection until after the inspecting Party has indicated 16 which documents it would like copied and produced. During the inspection and 17 before the designation, all of the material made available for inspection shall be 18 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 19 documents it wants copied and produced, the Producing Party must determine 20 which documents, or portions thereof, qualify for protection under this Order. Then, 21 before producing the specified documents, the Producing Party must affix the 22 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 23 portion or portions of the material on a page qualifies for protection, the Producing 24 Party also must clearly identify the protected portion(s) (e.g., by making 25 appropriate markings in the margins). 26 (b) For testimony given in depositions that the Designating Party identify the 27 Disclosure or Discovery Material on the record, before the close of the deposition 28 all protected testimony. When it is impractical to identify separately each portion of -7- STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 testimony that is entitled to protection and it appears that substantial portions of the 2 testimony may qualify for protection, the Designating Party may invoke on the 3 record (before the deposition, hearing, or other proceeding is concluded) a right to 4 have up to 30 days from receipt of a final transcript to identify the specific portions 5 of the testimony as to which protection is sought and to specify the level of 6 protection being asserted. Only those portions of the testimony that are 7 appropriately designated for protection within the 30 days shall be covered by the 8 provisions of this Stipulation and Order. Alternatively, a Designating Party may 9 specify, at the deposition or up to 30 days after the receipt of the final transcript if 10 that period is properly invoked, that the entire transcript shall be treated as 11 “CONFIDENTIAL.” 12 disclosed during a deposition shall be deemed “CONFIDENTIAL” until 14 days 13 after receipt of the final transcript of the testimony. Any party that wishes to 14 disclose during the above mentioned 14-day period the transcript that has been 15 deemed “CONFIDENTIAL” as a result of no designation having been made on the 16 record at the time the testimony was given, or information contained therein, may 17 provide written notice of its intent to treat the transcript as non-confidential, after 18 which time, any party that wants to maintain any portion of the transcript as 19 “CONFIDENTIAL” must designate the confidential portions within five (5) court 20 days, or else the transcript may be treated as non-confidential. If no indication on the record is made, all information 21 Parties shall give the other parties (including the Designating Party) notice if 22 they reasonably expect a deposition, hearing, or other proceeding to include 23 Protected Material so that the other parties can ensure that only authorized 24 individuals who have signed the “Acknowledgment and Agreement to Be Bound” 25 (Exhibit A) are present at those proceedings. The use of a document as an exhibit 26 at a deposition or other pretrial or trial proceeding shall not in any way affect its 27 designation as “CONFIDENTIAL.” Counsel for any Producing Party shall have 28 the right to exclude from oral depositions, other than the deponent, deponent’s -8- STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 counsel, the reporter and videographer (if any), any person who is not authorized 2 by this Order to receive or access Protected Material based on the designation of 3 such Protected Material. Such right of exclusion shall be applicable only during 4 periods of examination or testimony regarding such Protected Material. 5 Transcripts containing Protected Material shall have an obvious legend on 6 the title page that the transcript contains Protected Material, and the title page shall 7 be followed by a list of all pages (including line numbers as appropriate) that have 8 been designated as Protected Material and the level of protection being asserted by 9 the Designating Party. The Designating Party shall inform the court reporter of 10 these requirements. Any transcript that is prepared before the expiration of a 30- 11 day period for designation shall be treated during that period as if it had been 12 designated “CONFIDENTIAL” in its entirety unless otherwise agreed. After the 13 expiration of that period, the transcript shall be treated only as actually designated. 14 In the event the deposition is videotaped, the original and all copies of the videotape 15 shall be marked by the video technician to indicate that the contents of the videotape 16 are subject to this Order, substantially along the lines of “This videotape contains 17 confidential testimony used in this case and is not to be viewed or the contents 18 thereof to be displayed or revealed except pursuant to the terms of the operative 19 Protective Order in this matter.” 20 (c) For information produced in some form other than documentary and for 21 any other tangible items, that the Producing Party affix in a prominent place on the 22 exterior of the container or containers in which the information is stored the legend 23 “CONFIDENTIAL.” If only a portion or portions of the information warrants 24 protection, the Producing Party, to the extent practicable, shall identify the 25 protected portion(s). 26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 27 failure to designate qualified information or items does not, standing alone, waive 28 the Designating Party’s right to secure protection under this Order for such -9- STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 material. Upon timely correction of a designation, the Receiving Party must make 2 reasonable efforts to assure that the material is treated in accordance with the 3 provisions of this Order. 4 5 6 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 7 designation of confidentiality at any time that is consistent with the Court’s 8 Scheduling Order. Unless a prompt challenge to a Designating Party’s 9 confidentiality designation is necessary to avoid foreseeable, substantial unfairness, 10 unnecessary economic burdens, or a significant delay or disruption of the litigation, 11 a Party does not waive its right to challenge a confidentiality designation by 12 electing not to mount a challenge promptly after the original designation is 13 disclosed. 14 6.2 15 16 17 18 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 19 the Designating Party. Frivolous challenges, and those made for an improper 20 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 21 parties) may expose the Challenging Party to sanctions. Unless the Designating 22 Party has waived or withdrawn the confidentiality designation, all parties shall 23 continue to afford the material in question the level of protection to which it is 24 entitled under the Producing Party’s designation until the Court rules on the 25 challenge. 26 27 28 - 10 - STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 2 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending, or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the Action has been terminated, a 7 Receiving Party must comply with the provisions of section 13 below (FINAL 8 DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 otherwise ordered by the court or permitted in writing by the Designating Party, a 14 Receiving 15 “CONFIDENTIAL” only to: 16 (a) Party may disclose any information or item designated the Receiving Party’s Outside Counsel of Record in this Action, as 17 well as employees of said Outside Counsel of Record to whom it is reasonably 18 necessary to disclose the information for this Action; 19 20 21 (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 22 disclosure is reasonably necessary for this Action and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (d) the Court and its personnel; 25 (e) court reporters and their staff; 26 (f) professional jury or trial consultants, mock jurors, and Professional 27 Vendors to whom disclosure is reasonably necessary for this Action and who have 28 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); - 11 - STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 2 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 3 (h) during their depositions, witnesses and attorneys for witnesses in the 4 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 5 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 6 will not be permitted to keep any confidential information unless otherwise agreed 7 by the Designating Party or ordered by the court. Pages of transcribed deposition 8 testimony or exhibits to depositions that reveal Protected Material may be 9 separately bound by the court reporter and may not be disclosed to anyone except 10 as permitted under this Stipulated Protective Order; and 11 12 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 13 14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 15 IN OTHER LITIGATION 16 If a Party is served with a subpoena or a court order issued in other litigation 17 that compels disclosure of any information or items designated in this Action as 18 “CONFIDENTIAL,” that Party must: 19 20 21 (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 22 to issue in the other litigation that some or all of the material covered by the 23 subpoena or order is subject to this Protective Order. Such notification shall include 24 a copy of this Stipulated Protective Order; and 25 26 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 27 If the Designating Party timely seeks a protective order, the Party served with 28 the subpoena or court order shall not produce any information designated in this - 12 - STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 action as “CONFIDENTIAL” before a determination by the court from which the 2 subpoena or order issued, unless the Party has obtained the Designating Party’s 3 permission. The Designating Party shall bear the burden and expense of seeking 4 protection in that court of its confidential material and nothing in these provisions 5 should be construed as authorizing or encouraging a Receiving Party in this Action 6 to disobey a lawful directive from another court. 7 8 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). 9 10 9. A NON-PARTY’S PROTECTED 11 (a) SOUGHT TO BE PRODUCED IN THIS LITIGATION 12 MATERIAL The terms of this Order are applicable to information produced by a 13 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 14 produced by Non-Parties in connection with this litigation is protected by the 15 remedies and relief provided by this Order. Nothing in these provisions should be 16 construed as prohibiting a Non-Party from seeking additional protections. 17 (b) In the event that a Party is required, by a valid discovery request, to 18 produce a Non-Party’s confidential information in its possession, and the Party is 19 subject to an agreement with the Non-Party not to produce the Non-Party’s 20 confidential information, then the Party shall: 21 (1) promptly notify in writing the Requesting Party and the Non- 22 Party that some or all of the information requested is subject to a confidentiality 23 agreement with a Non-Party; 24 (2) promptly provide the Non-Party with a copy of the Stipulated 25 Protective Order in this Action, the relevant discovery request(s), and a reasonably 26 specific description of the information requested; and 27 28 (3) make the information requested available for inspection by the Non-Party, if requested. - 13 - STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 (c) If the Non-Party fails to seek a protective order from this court within 2 14 days of receiving the notice and accompanying information, the Receiving Party 3 may produce the Non-Party’s confidential information responsive to the discovery 4 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 5 not produce any information in its possession or control that is subject to the 6 confidentiality agreement with the Non-Party before a determination by the court. 7 Absent a court order to the contrary, the Non-Party shall bear the burden and 8 expense of seeking protection in this court of its Protected Material. 9 10 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 12 Protected Material to any person or in any circumstance not authorized under this 13 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 14 writing the Designating Party of the unauthorized disclosures, (b) use its best 15 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 16 person or persons to whom unauthorized disclosures were made of all the terms of 17 this Order, and (d) request such person or persons to execute the “Acknowledgment 18 and Agreement to Be Bound” that is attached hereto as Exhibit A. 19 20 21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 22 23 (a) The inadvertent production by a Party of Disclosure or 24 Discovery Material subject to the attorney-client privilege, work-product 25 protection, or any other applicable privilege or protection, despite the Producing 26 Party’s reasonable efforts to prescreen such Disclosure or Discovery Material prior 27 to production, will not waive the applicable privilege and/or protection if a notice 28 and request for return of such inadvertently produced Disclosure or Discovery - 14 - STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 Material is made promptly after the Producing Party learns of its inadvertent 2 production. 3 (b) Upon a notice and request from any Producing Party who has 4 inadvertently produced Disclosure or Discovery Material that it believes is 5 privileged and/or protected, each Receiving Party shall immediately return within 6 five (5) days of such notice and request such Disclosure or Discovery Material and 7 all copies to the Producing Party, except for any pages containing privileged 8 markings by the Receiving Party which shall instead be destroyed and certified as 9 such by the Receiving Party to the Producing Party. 10 (c) Within five (5) days of the Producing Party’s notice and request 11 for the return and/or destruction of privileged Disclosure or Discovery Material, the 12 Producing Party shall provide a privilege log with entries for the inadvertently 13 produced document(s). The Producing Party shall maintain the referenced 14 document(s) until the Parties resolve any dispute concerning the privileged nature 15 of such documents or the Court rules on any motion to compel production of such 16 documents. If a dispute arises concerning the privileged nature of the document(s) 17 demanded or returned, the Parties shall meet and confer in good faith in an effort to 18 resolve the dispute. If the Parties are unable to resolve the dispute, the Receiving 19 Party may file a motion to compel the production of such document(s). In the event 20 of such a motion to compel, the Producing Party shall have the burden to 21 demonstrate the claimed privilege, work product immunity or other immunity. 22 However, in no case will the return of any demanded document be delayed or 23 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 25 for any such motion. The Receiving Party shall not use or refer to any information 26 contained within the document(s) at issue, including in deposition or at trial or in 27 any Court filing, unless and until such a motion to compel production of that 28 - 15 - STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 document is granted by the Court, except as such information may appear in any 2 applicable privilege log. 3 4 5 6 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. 7 12.2 Right to Assert Other Objections. By stipulating to the entry of this 8 Protective Order no Party waives any right it otherwise would have to object to 9 disclosing or producing any information or item on any ground not addressed in 10 this Stipulated Protective Order. Similarly, no Party waives any right to object on 11 any ground to use in evidence of any of the material covered by this Protective 12 Order. 13 12.3 Export Control. The Protected Material disclosed by the Producing 14 Party may contain technical data subject to export control laws and therefore the 15 release of such technical data to foreign persons or nationals in the United States or 16 elsewhere may be restricted. The Receiving Party shall take measures necessary to 17 ensure compliance with applicable export control laws, including confirming that 18 no unauthorized foreign person has access to such technical data. 19 12.4 Filing Protected Material. A Party that seeks to file under seal any 20 Protected Material must comply with Local Civil 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 12.5 Privilege Logs. No Party is required to identify on its respective 26 privilege log any document or communication dated after January 16, 2016, the 27 date of filing of the complaint in this Action. The parties shall exchange their 28 - 16 - STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 respective privilege logs at a time to be agreed upon by the parties following the 2 production of documents, or as otherwise ordered by the Court. 3 4 13. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 4, within 60 6 days of a written request by the Designating Party, each Receiving Party must 7 return all Protected Material to the Producing Party or destroy such material. As 8 used in this subdivision, “all Protected Material” includes all copies, abstracts, 9 compilations, summaries, and any other format reproducing or capturing any of the 10 Protected Material. Whether the Protected Material is returned or destroyed, the 11 Receiving Party must submit a written certification to the Producing Party (and, if 12 not the same person or entity, to the Designating Party) by the 60-day deadline that 13 (1) identifies (by category, where appropriate) all the Protected Material that was 14 returned or destroyed and (2) affirms that the Receiving Party has not retained any 15 copies, abstracts, compilations, summaries or any other format reproducing or 16 capturing any of the Protected Material. Notwithstanding this provision, Counsel 17 are entitled to retain an archival copy of all pleadings, motion papers, trial, 18 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 19 and trial exhibits, expert reports, attorney work product, and consultant and expert 20 work product, even if such materials contain Protected Material. Any such archival 21 copies that contain or constitute Protected Material remain subject to this Protective 22 Order as set forth in paragraph 4 (DURATION). 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// - 17 - STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 14. VIOLATION OF THIS ORDER 2 Any violation of this Order may be punished by any and all appropriate 3 measures including, without limitation, contempt proceedings and/or monetary 4 sanctions. 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 7 DATED: March 29, 2017 8 9 /s/ Adam C. McCall Nicholas I. Porritt Adam M. Apton Adam C. McCall Levi & Korsinsky LLP 10 Laurence M. Rosen Jonathan Horne The Rosen Law Firm, P.A. 11 12 13 Lead Counsel for Co-Lead Plaintiffs 14 15 16 DATED: March 29, 2017 17 18 /s/ Angela L. Dunning Patrick E. Gibbs Angela L. Dunning Blake M. Zollar Cooley LLP 19 Counsel for Defendants 20 21 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 23 24 25 26 DATED: 6/19/ 2017 _____________________________ ALEXANDER F. MACKINNON U. S. MAGISTRATE JUDGE 27 28 - 18 - STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 2 3 EXHIBIT A Case No. 2:16-cv-00255-TJH-AFM ROBERT FORD, Individually and on behalf of all others similarly situated, 4 CLASS ACTION Plaintiff, Stipulated Order Governing the Production, Exchange, and Filing of Confidential Material 5 6 v. NATURAL HEALTH TRENDS CORP., CHRIS T. SHARNG, and TIMOTHY S. 8 DAVIDSON, 7 9 10 Defendants. 11 12 13 14 15 16 17 18 19 20 21 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 22 23 __________________________ Printed Name 24 25 __________________________ Address 26 27 __________________________ Individual or Entity Represented 28 - 19 - STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM 1 2 3 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. 4 5 DATED: March 29, 2017 /s/ Angela L. Dunning Angela L. Dunning 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 20 - STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-00255-TJH-AFM

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