Colt International Clothing, Inc v. Quasar Science LLC et al

Filing 50

STIPULATED PROTECTIVE ORDER by Magistrate Judge John E. McDermott. re Stipulation for Protective Order 49 . (See Order for Further Details) (kl)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

COLT INTERNATIONAL CLOTHING ) Case No. 2:16-CV-03040 AB (JEMx)
)
INC. dba COLT LED, a California
)
corporation,
) STIPULATED PROTECTIVE
) ORDER
Plaintiff,
)
)
)
vs.
)
)
QUASAR SCIENCE, LLC, a California )
)
limited liability company; and
)
CINELEASE, INC., a Nevada
)
corporation,
)
)
Defendants.
)
)
)
AND COUNTERCLAIMS
)

1
2

I.
1.1

Purposes and Limitations

Disclosure and discovery activity in this action are likely to involve

3

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

4

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

5

prosecuting this litigation may be warranted.

6

stipulate to and petition the court to enter the following Protective Order.

7

1.2

Good Cause Statement:

Accordingly, the parties hereby

Federal Rule of Civil Procedure Rule

SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

Attorneys at Law

CISLO & THOMAS LLP

8

26(c)(1)(G) permits the grant of a protective order upon a showing of good cause.

9

The Parties respectfully believe that good cause exists to enter the instant Protective

10

Order to protect confidential, proprietary or private information from public

11

disclosure. The confidential, proprietary or private information at issue includes

12

information and data that could be used by actual or potential competitors to gain

13

an improper and unlawful competitive advantage in the marketplace. Both parties

14

wish to maintain as confidential business information such information as sales

15

data, customer lists, cost-of-goods sold, pricing, manufacturing agreements, license

16

agreements, information and materials that qualify as trade secrets under California

17

Civil Code § 3426.1, and other, similar information that must necessarily be

18

protected from disclosure to opposing parties and/or other competitors in the

19

market, so as to avoid significant competitive harm.

20

Resolution of liability issues and the associated damages analysis necessarily

21

requires evidence of sales information, cost information, any marketing information

22

or research, and customer lists, at a minimum, to be disclosed, at minimum, to

23

opposing counsel. This Protective Order is geared towards allowing resolution of

24

the factual and legal issues without imposing undue competitive harm on the

25

parties.

26
27
28
2

1

BASED ON THE FOREGOING, THE PARTIES HEREBY STIPULATE AND

2

AGREE AS FOLLOWS:

3
4
5
6

II.
2.1

Definitions

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

designation of information or items under this Order.
2.2

“CONFIDENTIAL” Information or Items: information (regardless of

SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

Attorneys at Law

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

8

CISLO & THOMAS LLP

7

protection under Federal Rule of Civil Procedure 26(c), and include, but are not

9

necessarily limited to, sales data, customer lists, cost-of-goods sold, pricing, market

10

research, and manufacturing agreements, licensing agreements, and other similar

11

information. It is noted that some of this information may be sufficiently sensitive

12

that it might be designated pursuant to Section 2.7 below.

13
14
15

2.3

Counsel (without qualifier): Outside Counsel of Record and In House

Counsel for the parties (as well as their support staff).
2.4

Designating Party: a Party or Non-Party that designates information or

16

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

17

“CONFIDENTIAL” or “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.”

18

2.5

Disclosure or Discovery Material: all items or information, regardless

19

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

20

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

21

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

22

2.6

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

23

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

24

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

25

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

26

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

27

competitor.

28
3

1

2.7

“CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” Information or

could not be avoided by less restrictive means.

5

include, but are not necessarily limited to, sales data, customer lists, cost-of-goods

6

sold, pricing, market research, and manufacturing agreements, licensing

7

agreements, information and materials that qualify as trade secrets under California

8
SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

to another Party or Non-Party would create a substantial risk of serious harm that

4

Attorneys at Law

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

3

CISLO & THOMAS LLP

2

Civil Code § 3426.1, and other similar information and items.

9
10
11

2.8

Such information and items

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

other legal entity not named as a Party to this action.
2.9

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

12

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

13

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

14

which has appeared on behalf of that party, and, additionally, Clark D. Gross, Esq.

15

and the Law Office of Clark D. Gross for Quasar and Cinelease; and David L.

16

Hoffman, Esq. and Hoffman Patent Group for Colt.

17
18

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

19

2.11 Party: any party to this action, including all of its officers, directors,

20

employees, consultants, retained experts, attorneys and Outside Counsel of Record

21

(and their support staffs).

22
23

2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this action.

24

2.12 Professional Vendors: persons or entities that provide litigation

25

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

26

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

27

and their employees and subcontractors.

28
4

1

2.13 Protected Material: any Disclosure or Discovery Material that is

2

designated as “CONFIDENTIAL,” or as “CONFIDENTIAL -- ATTORNEYS’

3

EYES ONLY” pursuant to the terms of paragraphs 2.2 and 2.7 above.

4
5

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

6
7

III.

Scope

SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

Attorneys at Law

CISLO & THOMAS LLP

8

The protections conferred by this Stipulation and Order cover not only

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

disclosure to a Receiving Party as a result of publication not involving a violation

17

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

18

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

19

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

20

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

21

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

22

separate agreement or order.

23
24
25

IV.
4.1

Duration

Confidential Designations at Trial: The parties understand that the

26

Court presumptively does not allow for confidentiality designations to be

27

maintained at trial. Should either of the parties believe that any of the information

28

or items disclosed in this action that have been designated by either party as
5

to the Court for such relief sufficiently in advance of trial to allow for a motion to

4

be filed, if necessary, and a hearing and order on such motion to occur. Any such

5

request to maintain any information or items as CONFIDENTIAL or

6

CONFIDENTIAL -- ATTORNEYS’ EYES ONLY for trial shall specifically

7

identify and enumerate the information or item(s) sought to be so protected at trial,

8
SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

that such level of protection be maintained at trial, the parties will separately apply

3

Attorneys at Law

CONFIDENTIAL or CONFIDENTIAL -- ATTORNEYS’ EYES ONLY requires

2

CISLO & THOMAS LLP

1

and specifically articulate the need to maintain such information or item(s) as

9

CONFIDENTIAL or CONFIDENTIAL -- ATTORNEYS’ EYES ONLY at trial.

10

4.2

Confidential Designations after Final Disposition: Subject to Section

11

4.1, even after final disposition of this litigation, the confidentiality obligations

12

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

13

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

14

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

15

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

16

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

17

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

18

pursuant to applicable law.

19
20

V.

Designating Protected Material

21
22

5.1

Manner and Timing of Designations. Except as otherwise provided in

23

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

24

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

25

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

26

produced.

27

Designation in conformity with this Order requires:

28
6

1

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

2

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

3

the Producing Party affix the legend “CONFIDENTIAL” or “CONFIDENTIAL --

4

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

has indicated which material it would like copied and produced.

8
SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

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

7

Attorneys at Law

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

6

CISLO & THOMAS LLP

5

inspection and before the designation, all of the material made available for

9

inspection shall be deemed “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.”

10

After the inspecting Party has identified the documents it wants copied and

11

produced, the Producing Party must determine which documents, or portions

12

thereof, qualify for protection under this Order.

13

specified documents, the Producing Party must affix the appropriate legend

14

(“CONFIDENTIAL” or “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”) to

15

each page that contains Protected Material.

During the

Then, before producing the

16

(b) With respect to deposition testimony or other pretrial testimony, in the

17

case of depositions or other pre-trial testimony, designation of the portion of the

18

transcript (including exhibits) which contains Confidential Discovery Material shall

19

be made (i) by a statement on the record at the time of such disclosure by counsel

20

for the deponent that such testimony is CONFIDENTIAL or CONFIDENTIAL-

21

ATTORNEYS’ EYES ONLY, or (ii) by written notice, sent by counsel for the

22

deponent to all counsel for all Parties on or before the end of the thirty (30) days

23

after receiving a copy of the transcript thereof. All deposition transcripts prepared

24

in the action shall be deemed to be CONFIDENTIAL -ATTORNEYS’ EYES

25

ONLY in their entirety until the end of thirty (30) days after their receipt by counsel

26

for the producing Party.

27

transcripts prepared in the action which have been designated by the producing

Thereafter, only those portions of the deposition

28
7

1

Party as CONFIDENTIAL or CONFIDENTIAL -ATTORNEYS’ EYES ONLY

2

will be treated as such pursuant to the provisions of this Protective Order.

other parties can ensure that only authorized individuals who have signed the

6

“Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those

7

proceedings. The use of a document as an exhibit at a deposition shall not in any

8
SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

deposition, hearing or other proceeding to include Protected Material so that the

5

Attorneys at Law

Parties shall give the other parties notice if they reasonably expect a

4

CISLO & THOMAS LLP

3

way affect its designation as “CONFIDENTIAL” or “CONFIDENTIAL --

9

ATTORNEYS’ EYES ONLY.”

10

Transcripts containing Protected Material shall have an obvious legend on

11

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

12

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

13

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

14

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

15

these requirements.

16

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

17

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

18

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

19

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

20

ONLY.”

21

5.2

Inadvertent Failures to Designate. If timely corrected, an inadvertent

22

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

23

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

24

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

25

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

26

provisions of this Order.

27
28
8

1
2

VI.
6.1

Challenging Confidentiality Designations

Timing of Challenges.

Any Party or Non-Party may challenge a

substantial unfairness, unnecessary economic burdens, or a significant disruption or

6

delay of the litigation, a Party does not waive its right to challenge a confidentiality

7

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

8
SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

Designating Party’s confidentiality designation is necessary to avoid foreseeable,

5

Attorneys at Law

designation of confidentiality at any time.

4

CISLO & THOMAS LLP

3

designation is disclosed.

9

6.2

Unless a prompt challenge to a

Meet and Confer. The Challenging Party shall initiate the dispute

10

resolution process by providing written notice of each designation it is challenging

11

and describing the basis for each challenge. To avoid ambiguity as to whether a

12

challenge has been made, the written notice must recite that the challenge to

13

confidentiality is being made in accordance with this specific paragraph of the

14

Protective Order. The parties shall attempt to resolve each challenge in good faith

15

and must begin the process by conferring directly (voice to voice dialogue; other

16

forms of communication are not sufficient) within 14 days of the date of service of

17

notice. In conferring, the Challenging Party must explain the basis for its belief that

18

the confidentiality designation was not proper and must give the Designating Party

19

an opportunity to review the designated material, to reconsider the circumstances,

20

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

21

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

22

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

23

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

24

in a timely manner.

25

6.3

Judicial Intervention. If the Parties cannot resolve a challenge without

26

court intervention, the Designating Party shall file and serve a motion to retain

27

confidentiality under Local Rule 7 (and in compliance with Local Rule 79-5, if

28

applicable) within 21 days of the initial notice of challenge or within 14 days of the
9

declaration affirming that the movant has complied with the meet and confer

4

requirements imposed in the preceding paragraph. Failure by the Designating Party

5

to make such a motion including the required declaration within 21 days (or 14

6

days, if applicable) shall automatically waive the confidentiality designation for

7

each challenged designation. In addition, the Challenging Party may file a motion

8
SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

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

3

Attorneys at Law

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

2

CISLO & THOMAS LLP

1

challenging a confidentiality designation at any time if there is good cause for doing

9

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

10

portions thereof.

Any motion brought pursuant to this provision must be

11

accompanied by a competent declaration affirming that the movant has complied

12

with the meet and confer requirements imposed by the preceding paragraph.

13

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

14

Designating Party. Frivolous challenges and those made for an improper purpose

15

(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

16

expose the Challenging Party to sanctions. All parties shall continue to afford the

17

material in question the level of protection to which it is entitled under the

18

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

19
20
21

VII. Access To and Use of Protected Material
7.1

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

22

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

23

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

24

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

25

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

26

Receiving Party must comply with the provisions of Section 13 below (Final

27

Disposition).

28
10

1

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

2

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

3

authorized under this Order.

4

7.2

Disclosure of “CONFIDENTIAL” Information or Items.

Unless

5

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

6

Receiving

7

“CONFIDENTIAL” only to:

Party

may

disclose

any

information

or

item

designated

SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

Attorneys at Law

CISLO & THOMAS LLP

8

(a) the Receiving Party’s Outside Counsel of Record and In House Counsel

9

in this action, as well as employees of said Outside Counsel of Record and In

10

House Counsel to whom it is reasonably necessary to disclose the information for

11

this litigation so long as Receiving Party’s Outside Counsel of Record and In House

12

Counsel of record have signed the “Acknowledgment and Agreement to Be Bound”

13

that is attached hereto as Exhibit A;

14

(b) the officers, directors, and employees of the Receiving Party to whom

15

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

16

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

17

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

18

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

19

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

20

(d) the court and its personnel;

21

(e) court reporters and their staff;

22

(f) professional jury or trial consultants, and Professional Vendors to whom

23

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

24

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

25

(f) during their depositions, witnesses in the action to whom disclosure is

26

reasonably necessary and who have signed the “Acknowledgment and Agreement

27

to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or

28

ordered by the Court. Pages of transcribed deposition testimony or exhibits to
11

1

depositions that reveal Protected Material must be separately bound by the court

2

reporter and may not be disclosed to anyone except as permitted under this

3

Protective Order.

4
5
6

(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.
7.3

Disclosure of “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”

SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

Attorneys at Law

Information or Items. Unless otherwise ordered by the court or permitted in writing

8

CISLO & THOMAS LLP

7

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

9

designated “ CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” only to:

10

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

11

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

12

disclose the information for this litigation so long as Receiving Party’s Outside

13

Counsel of Record has signed the “Acknowledgment and Agreement to Be Bound”

14

that is attached hereto as Exhibit A;

15

(b) Outside experts of the Receiving Party (1) to whom disclosure is

16

reasonably necessary for this litigation, and (2) who have signed the

17

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

18

(c) the court and its personnel;

19

(d) court reporters and their staff;

20

(e) professional jury or trial consultants, and Professional Vendors to whom

21

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

22

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

23
24

(e) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.

25
26
27
28
12

1

VIII. Protected Material Subpoenaed or Ordered

2

Produced in Other Litigation

3

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

4

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

5

“CONFIDENTIAL” or “ CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” that

6

Party must:

7
SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

Attorneys at Law

CISLO & THOMAS LLP

8

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

9

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

10

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

11

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

12

of this Protective Order; and

13
14

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

15

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

16

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

17

action as “CONFIDENTIAL” or “ CONFIDENTIAL -- ATTORNEYS’ EYES

18

ONLY” before a determination by the court from which the subpoena or order

19

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

20

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

21

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

22

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

23

a lawful directive from another court.

24
25

IX.

26
27
28

A Non-Party’s Protected Material Sought
to be Produced in this Litigation

(a)

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

Non-Party in this action and designated as “CONFIDENTIAL” or “
13

1

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

2

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

3

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

4

prohibiting a Non-Party from seeking additional protections.

5

(b)

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

SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

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

8

Attorneys at Law

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

7

CISLO & THOMAS LLP

6

confidential information, then the Party shall:

9

1.

promptly notify in writing the Requesting Party and the Non-

10

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

11

confidentiality agreement with a Non-Party;

12

2.

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

13

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

14

specific description of the information requested; and

15

3.

16

Non-Party.

17

(c)

make the information requested available for inspection by the

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

18

court within 14 days of receiving the notice and accompanying information, the

19

Receiving Party may produce the Non-Party’s confidential information responsive

20

to the discovery request. If the Non-Party timely seeks a protective order, the

21

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

22

is subject to the confidentiality agreement with the Non-Party before a

23

determination by the court. Absent a court order to the contrary, the Non-Party

24

shall bear the burden and expense of seeking protection in this court of its Protected

25

Material.

26
27
28
14

1

X.

Unauthorized Disclosure of Protected Material

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

5

Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

6

all unauthorized copies of the Protected Material, (c) inform the person or persons

7

to whom unauthorized disclosures were made of all the terms of this Order, and (d)

8
SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

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

4

Attorneys at Law

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

3

CISLO & THOMAS LLP

2

request such person or persons to execute the “Acknowledgment and Agreement to

9

Be Bound” that is attached hereto as Exhibit A.

10
11

XI.

Inadvertent Production of Privileged or Otherwise Protected Material

12

When a Producing Party gives notice to Receiving Parties that certain

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

order entered by this Court.

22
23
24
25

XII. 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.

26

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

27

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

28

disclosing or producing any information or item on any ground not addressed in
15

1

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

2

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

3

12.3 Filing Protected Material.

Without written permission from the

Material. A Party that seeks to file under seal any Protected Material must comply

7

with Local Rule 5.3. Protected Material may only be filed under seal pursuant to a

8
SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

persons, a Party may not file in the public record in this action any Protected

6

Attorneys at Law

Designating Party or a court order secured after appropriate notice to all interested

5

CISLO & THOMAS LLP

4

court order authorizing the sealing of the specific Protected Material at issue.

9

Pursuant to Local Rule 5.3, a sealing order will issue only upon a request

10

establishing that the Protected Material at issue is privileged, protectable as a trade

11

secret, or otherwise entitled to protection under the law. If a Receiving Party’s

12

request to file Protected Material under seal pursuant to Local Rule 5.3 is denied by

13

the court, then the Receiving Party may file the Protected Material in the public

14

record pursuant to Local Rule 5.3 unless otherwise instructed by the Court.

15
16

XIII.

Final Disposition

17

Within sixty (60) days after the final disposition of this action, as defined in

18

paragraph 4, each Receiving Party must return all Protected Material to the

19

Producing Party or destroy such material.

20

Protected Material” includes all copies, abstracts, compilations, summaries, and any

21

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

22

Protected Material is returned or destroyed, the Receiving Party must submit a

23

written certification to the Producing Party (and, if not the same person or entity, to

24

the Designating Party) by the 60-day deadline that (1) identifies (by category,

25

where appropriate) all the Protected Material that was returned or destroyed and (2)

26

affirms that the Receiving Party has not retained any copies, abstracts,

27

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

28

Protected Material. Notwithstanding this provision, Counsel are entitled to retain
16

As used in this subdivision, “all

1

an archival copy of all pleadings, motion papers, trial, deposition, and hearing

2

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

3

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

4

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

5

constitute Protected Material remain subject to this Protective Order as set forth in

6

Section 4 (Duration).

7
SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

Attorneys at Law

CISLO & THOMAS LLP

8
9

Date: January 19, 2017

John E. McDermott
United States Magistrate Judge

10
11
12

Respectfully submitted,

13
14
15
16

CISLO & THOMAS LLP
By:

17
18

/s/Kelly W. Cunningham
Kelly W. Cunningham, Esq.
C. Wook Pak, Esq.

19

Attorneys for Plaintiff
Colt International Clothing, Inc.

20

Date: January 19, 2017

21
22
23
24
25
26
27
28

BARANOV & WITTENBERG LLP
By:

/s/Michael M. Baranov
Michael M. Baranov, Esq.

Attorneys for Defendants
Quasar Science LLC and
Cinelease, Inc.
Date: January 19, 2017
17

SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

Attorneys at Law

CISLO & THOMAS LLP

1
T:\16-31229\Proposed Stipulated Protective Order.docx

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

18

1

EXHIBIT A

2

AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

3
4

I, _____________________, have read and fully understand the Stipulated

5

Protective Order (the “Order”) in the case entitled, Colt International Clothing, Inc.

6

v. Quasar Science LLC et al., United States District Court for the Central District of

7

California, Case No. 2:16-CV-03040 AB (JEMx) (the “Lawsuit”).

8

comply with and be bound by the Order and by such other orders as the Court may

9

make regarding discovery of Confidential Information, as defined in the Order. I

10

agree that I will not disclose, either directly or indirectly, any Confidential

11

Information, or information designated as CONFIDENTIAL or CONFIDENTIAL

12

–ATTORNEY’S EYES ONLY as defined in the Order, or the contents thereof, to

13

any person or in any manner not specifically authorized by the Order. I agree that I

14

will not copy or use any such designated information except solely for the purposes

15

of the Lawsuit and I will return any Confidential Information and any information

16

designated as CONFIDENTIAL or CONFIDENTIAL – ATTORNEY’S EYES

17

ONLY and all copies thereof within sixty days of the termination or the final

18

disposition of the Lawsuit as set forth in the Order. I agree that I will not distribute

19

copies of, or provide access to, any Confidential Information, or information

20
21

///

22

///

23

///

24

///

25

///

26

////

27
28

I agree to

1

designated as CONFIDENTIAL or CONFIDENTIAL – ATTORNEY’S EYES

2

ONLY to any person, either directly or indirectly, except as set forth in the Order. I

3

hereby consent to the jurisdiction of this Court for the purposes of enforcing this

4

Order.

5
6

Signature

7
SUITE 1700
12100 Wilshire Boulevard
Los Angeles, CA 90025-7103
Telephone: [phone]
Facsimile: (310)
394-4477

Attorneys at Law

CISLO & THOMAS LLP

8
9
10
11

Printed Name/Title
Date

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

, 2017