Novelty Textiles Inc v. Ross Stores, Inc et al

Filing 20

PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Stipulation for Protective Order 19 . (ec)

1 John T. Egley, Bar No. 232545
[e-mail]
2 Scott P. Shaw, Bar No 223592
3 [e-mail]
Samuel G. Brooks, Bar No. 272107
4 [e-mail]
W. Christopher Dalton, Bar No. 267697
5 [e-mail]
6 CALL & JENSEN
A Professional Corporation
7 610 Newport Center Drive, Suite 700
Newport Beach, CA 92660
8 Tel: [phone]
Fax: [phone]
9
10 Attorneys for Defendants Ross Stores, Inc.
and Meetu Magic, Inc.
11
12

UNITED STATES DISTRICT COURT

13

CENTRAL DISTRICT OF CALIFORNIA

14
15 NOVELTY TEXTILES, INC., a California
corporation,
16
Plaintiff,
17
18

Case No. 16-CV-04822-GW (GJSx)
PROTECTIVE ORDER

vs.

19 ROSS STORES INC., a California
20 Corporation, individually, and doing
business as “ROSS DRESS FOR LESS”
21 and “DD’S DISCOUNTS”; MEETU,
MAGIC, INC., a New York Corporation,
22 individually and doing business as
“MAGIC”; and DOES 1 through 10,
23
Defendants.
24
25

Complaint Filed: June 30, 2016
Trial Date:
June 27, 2017

26
27
28
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1

On stipulation of the Parties, the Court enters a Protective Order in this matter as

2 follows:
3 1.

A.

4

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

PURPOSES AND LIMITATIONS

5 proprietary, or private information for which special protection from public disclosure
6 and from use for any purpose other than prosecuting this litigation may be warranted.
7 Accordingly, the parties hereby stipulate to and petition the Court to enter the following
8 Stipulated Protective Order. The parties acknowledge that this Order does not confer
9 blanket protections on all disclosures or responses to discovery and that the protection it
10 affords from public disclosure and use extends only to the limited information or items
11 that are entitled to confidential treatment under the applicable legal principles. The
12 parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated
13 Protective Order does not entitle them to file confidential information under seal; Civil
14 Local Rule 79-5 sets forth the procedures that must be followed and the standards that
15 will be applied when a party seeks permission from the court to file material under seal.
16

B.

17

This action is likely to involve trade secrets, customer and pricing lists and other

GOOD CAUSE STATEMENT

18 valuable research, development, commercial, financial, technical and/or proprietary
19 information for which special protection from public disclosure and from use for any
20 purpose other than prosecution of this action is warranted. Such confidential and
21 proprietary materials and information consist of, among other things, confidential
22 business or financial information, information regarding confidential business practices,
23 or other confidential research, development, or commercial information (including
24 information implicating privacy rights of third parties), information otherwise generally
25 unavailable to the public, or which may be privileged or otherwise protected from
26 disclosure under state or federal statutes, court rules, case decisions, or common law.
27 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of
28 disputes over confidentiality of discovery materials, to adequately protect information
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1 the parties are entitled to keep confidential, to ensure that the parties are permitted
2 reasonable necessary uses of such material in preparation for and in the conduct of trial,
3 to address their handling at the end of the litigation, and serve the ends of justice, a
4 protective order for such information is justified in this matter. It is the intent of the
5 parties that information will not be designated as confidential for tactical reasons and
6 that nothing be so designated without a good faith belief that it has been maintained in a
7 confidential, non-public manner, and there is good cause why it should not be part of
8 the public record of this case.
9
10

C.

ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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

11 Stipulated Protective Order does not entitle them to file confidential information under
12 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
13 standards that will be applied when a party seeks permission from the court to file
14 material under seal.
15

There is a strong presumption that the public has a right of access to judicial

16 proceedings and records in civil cases. In connection with non-dispositive motions,
17 good cause must be shown to support a filing under seal. See Kamakana v. City and
18 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
19 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,
20 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
21 cause showing), and a specific showing of good cause or compelling reasons with
22 proper evidentiary support and legal justification, must be made with respect to
23 Protected Material that a party seeks to file under seal. The parties’ mere designation of
24 Disclosure or Discovery Material as CONFIDENTIAL does not—without the
25 submission of competent evidence by declaration, establishing that the material sought
26 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—
27 constitute good cause.
28
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1

Further, if a party requests sealing related to a dispositive motion or trial, then

2 compelling reasons, not only good cause, for the sealing must be shown, and the relief
3 sought shall be narrowly tailored to serve the specific interest to be protected. See
4 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item
5 or type of information, document, or thing sought to be filed or introduced under seal in
6 connection with a dispositive motion or trial, the party seeking protection must
7 articulate compelling reasons, supported by specific facts and legal justification, for the
8 requested sealing order. Again, competent evidence supporting the application to file
9 documents under seal must be provided by declaration.
10

Any document that is not confidential, privileged, or otherwise protectable in its

11 entirety will not be filed under seal if the confidential portions can be redacted. If
12 documents can be redacted, then a redacted version for public viewing, omitting only
13 the confidential, privileged, or otherwise protectable portions of the document, shall be
14 filed. Any application that seeks to file documents under seal in their entirety should
15 include an explanation of why redaction is not feasible.
16
17 2.

DEFINITIONS

18

2.1

Action: Novelty Textiles, Inc. v. Ross Stores, Inc., et al., Case No. 16-CV-

19 04822-GW (GJSx).
20

2.2

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

21 information or items under this Order.
22

2.3

“CONFIDENTIAL” Information or Items: information (regardless of how

23 it is generated, stored or maintained) or tangible things that qualify for protection under
24 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
25 Statement.
26

2.4

Counsel: Outside Counsel of Record and House Counsel (as well as their

27 support staff).
28
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1

2.5

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

2 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL”
3 or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.”
4

2.6

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

5 the medium or manner in which it is generated, stored, or maintained (including, among
6 other things, testimony, transcripts, and tangible things), that are produced or generated
7 in disclosures or responses to discovery in this matter.
8

2.7

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

9 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
10 expert witness or as a consultant in this Action.
11

2.8

“HIGHLY

CONFIDENTIAL

–

ATTORNEYS’

EYES

ONLY”

12 Information or Items: extremely sensitive “CONFIDENTIAL” Information or Items,
13 the disclosure of which to another Party or Non-Party would create a substantial risk of
14 serious harm that could not be avoided by less restrictive means..
15

2.9

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

16 House Counsel does not include Outside Counsel of Record or any other outside
17 counsel.
18

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

19 other legal entity not named as a Party to this action.
20

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

21 this Action but are retained to represent or advise a party to this Action and have
22 appeared in this Action on behalf of that party or are affiliated with a law firm which
23 has appeared on behalf of that party, and includes support staff.
24

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

25 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
26

2.13 Producing Party:

a Party or Non-Party that produces Disclosure or

27 Discovery Material in this Action.
28
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1

2.14 Professional Vendors:

persons

or

entities

that

provide

litigation

2 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
3 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
4 their employees and subcontractors.
5

2.15 Protected Material: any Disclosure or Discovery Material that is

6 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
7 EYES ONLY.”
8

2.16 Receiving Party: a Party that receives Disclosure or Discovery

9 Material from a Producing Party.
10
11 3.

SCOPE

12

The protections conferred by this Stipulation and Order cover not only Protected

13 Material (as defined above), but also (1) any information copied or extracted from
14 Protected Material; (2) all copies, excerpts, summaries or compilations of Protected
15 Material; and (3) any testimony, conversations, or presentations by Parties or their
16 Counsel that might reveal Protected Material.
17

Any use of Protected Material at trial shall be governed by the orders of the trial

18 judge. This Order does not govern the use of Protected Material at trial.
19
20 4.

DURATION

21

Once a case proceeds to trial, information that was designated as

22 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as
23 an exhibit at trial becomes public and will be presumptively available to all members of
24 the public, including the press, unless compelling reasons supported by specific factual
25 findings to proceed otherwise are made to the trial judge in advance of the trial. See
26 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing
27 documents produced in discovery from “compelling reasons” standard when merits28
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1 related documents are part of court record). Accordingly, the terms of this protective
2 order do not extend beyond the commencement of the trial.
3
4 5.

DESIGNATING PROTECTED MATERIAL

5

5.1

Exercise of Restraint and Care in Designating Material for Protection.

6 Each Party or Non-Party that designated information or items for protection under this
7 Order must take care to limit any such designation to specific material that qualifies
8 under the appropriate standards. The Designating Party must designate for protection
9 only those parts of material, documents, items, or oral or written communications that
10 qualify so that other portions of the material, documents, items, or communications for
11 which protection is not warranted are not swept unjustifiably within the ambit of this
12 Order.
13

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

14 are shown to be clearly unjustified or that have been made for an improper purpose
15 (e.g., to unnecessarily encumber the case development process or to impose
16 unnecessary expenses and burdens on other parties) may expose the Designating Party
17 to sanctions.
18

If it comes to a Designating Party’s attention that information or items that it

19 designated for protection do not qualify for protection, that Designating Party must
20 promptly notify all other Parties that it is withdrawing the inapplicable designation.
21

5.2

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

22 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
23 ordered, Disclosure or Discovery Material that qualifies for protection under this Order
24 must be clearly so designated before the material is disclosed or produced.
25

Designation in conformity with this Order requires:

26

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

27 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
28 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY
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1 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” (hereinafter “CONFIDENTIAL”
2 legend or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY legend”), to
3 each page that contains protected material. If only a portion of the material on a page
4 qualifies for protection, the Producing Party also must clearly identify the protected
5 portion(s) (e.g., by making appropriate markings in the margins).
6

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

7 need not designate them for protection until after the inspecting Party has indicated
8 which documents it would like copied and produced. During the inspection and before
9 the designation, all of the material made available for inspection shall be deemed
10 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
11 copied and produced, the Producing Party must determine which documents, or portions
12 thereof, qualify for protection under this Order. Then, before producing the specified
13 documents, the Producing Party must affix the “CONFIDENTIAL legend,” or
14 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY legend” to each page that
15 contains Protected Material. If only a portion of the material on a page qualifies for
16 protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,
17 by making appropriate markings in the margins).
18

(b) for testimony given in depositions, that the Designating Party identifies the

19 Disclosure or Discovery Material on the record, before the close of the deposition all
20 protected testimony.
21

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

22 other tangible items, that the Producing Party affix in a prominent place on the exterior
23 of the container or containers in which the information is stored the legend
24 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.”
25 If only a portion or portions of the information warrants protection, the Producing Party,
26 to the extent practicable, shall identify the protected portion(s).
27

5.3

Inadvertent Failures to Designate.

If timely corrected, an inadvertent

28 failure to designate qualified information or items does not, standing alone, waive the
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1 Designating Party’s right to secure protection under this Order for such material. Upon
2 timely correction of a designation, the Receiving Party must make reasonable efforts to
3 assure that the material is treated in accordance with the provisions of this Order.
4
5 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

6

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 Scheduling
8 Order.
9

6.2

Meet and Confer.

The Challenging Party shall initiate the dispute

10 resolution process under Local Rule 37.1 et seq.
11

6.3

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

12 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
13 to harass or impose unnecessary expenses and burdens on other parties) may expose the
14 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
15 the confidentiality designation, all parties shall continue to afford the material in
16 question the level of protection to which it is entitled under the Producing Party’s
17 designation until the Court rules on the challenge.
18
19 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

20

7.1

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

21 disclosed or produced by another Party or by a Non-Party in connection with this
22 Action only for prosecuting, defending or attempting to settle this Action.

Such

23 Protected Material may be disclosed only to the categories of persons and under the
24 conditions described in this Order. When the Action has been terminated, a Receiving
25 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
26

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

27 location and in a secure manner that ensures that access is limited to the persons
28 authorized under this Order.
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1

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

2 ordered by the court or permitted in writing by the Designating Party, a Receiving Party
3 may disclose any information or item designated “CONFIDENTIAL” only to:
4

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

5 employees of said Outside Counsel of Record to whom it is reasonably necessary to
6 disclose the information for this Action;
7

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

8 Receiving Party to whom disclosure is reasonably necessary for this Action;
9

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

10 is reasonably necessary for this Action and who have signed the “Acknowledgment and
11 Agreement to Be Bound” (Exhibit A);
12

(d) the court and its personnel;

13

(e) court reporters and their staff;

14

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

15 to whom disclosure is reasonably necessary for this Action and who have signed the
16 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
17

(g)

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

18 custodian or other person who otherwise possessed or knew the information;
19

(h) during their depositions, witnesses, and attorneys for witnesses, in the Action

20 to whom disclosure is reasonably necessary provided: (1) the deposing party requests
21 that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not be
22 permitted to keep any confidential information unless they sign the “Acknowledgment
23 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating
24 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to
25 depositions that reveal Protected Material may be separately bound by the court reporter
26 and may not be disclosed to anyone except as permitted under this Stipulated Protective
27 Order; and
28
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1

(i) any mediator or settlement officer, and their supporting personnel, mutually

2 agreed upon by any of the parties engaged in settlement discussions.
3

7.3

Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

4 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
5 writing by the Designating Party, a Receiving Party may disclose any information or
6 item designated “CONFIDENTIAL” only to:
7

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

8 employees of said Outside Counsel of Record to whom it is reasonably necessary to
9 disclose the information for this Action;
10

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

11 is reasonably necessary for this Action and who have signed the “Acknowledgment and
12 Agreement to Be Bound” (Exhibit A);
13

(c) the court and its personnel;

14

(d) private court reporters and their staff to whom disclosure is reasonably

15 necessary for this Action and who have signed the “Acknowledgment and Agreement to
16 Be Bound” (Exhibit A);
17

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

18 to whom disclosure is reasonably necessary for this Action and who have signed the
19 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
20

(f)

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

21 custodian or other person who otherwise possessed or knew the information; and
22

(g) any mediator or settlement officer, and their supporting personnel, mutually

23 agreed upon by any of the parties engaged in settlement discussions.
24 / / /
25 / / /
26 / / /
27 / / /
28
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1 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

2 OTHER LITIGATION
3

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

4 compels disclosure of any information or items designated in this Action as
5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY,”
6 that Party must:
7

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

8 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 or
11 order is subject to this Protective Order. Such notification shall include a copy of this
12 Stipulated Protective Order; and
13

(c) cooperate with respect to all reasonable procedures sought to be pursued by

14 the Designating Party whose Protected Material may be affected.
15

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

16 subpoena or court order shall not produce any information designated in this action as
17 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”
18 before a determination by the court from which the subpoena or order issued, unless the
19 Party has obtained the Designating Party’s permission. The Designating Party shall
20 bear the burden and expense of seeking protection in that court of its confidential
21 material and nothing in these provisions should be construed as authorizing or
22 encouraging a Receiving Party in this Action to disobey a lawful directive from another
23 court.
24
25 9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

26

IN THIS LITIGATION

27

(a) The terms of this Order are applicable to information produced by a Non-

28 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
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1 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information produced by
2 Non-Parties in connection with this litigation is protected by the remedies and relief
3 provided by this Order. Nothing in these provisions should be construed as prohibiting
4 a Non-Party from seeking additional protections.
5

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

6 a Non-Party’s confidential information in its possession, and the Party is subject to an
7 agreement with the Non-Party not to produce the Non-Party’s confidential information,
8 then the Party shall:
9

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

10 some or all of the information requested is subject to a confidentiality agreement with a
11 Non-Party;
12

(2)

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

13 Protective Order in this Action, the relevant discovery request(s), and a reasonably
14 specific description of the information requested; and
15

(3) make the information requested available for inspection by the Non-

16 Party, if requested.
17

(c) If the Non-Party fails to seek a protective order from this court within 14

18 days of receiving the notice and accompanying information, the Receiving Party may
19 produce the Non-Party’s confidential information responsive to the discovery request.
20 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
21 any information in its possession or control that is subject to the confidentiality
22 agreement with the Non-Party before a determination by the court. Absent a court order
23 to the contrary, the Non-Party shall bear the burden and expense of seeking protection
24 in this court of its Protected Material.
25
26 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

27

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

28 Protected Material to any person or in any circumstance not authorized under this
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1 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
2 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
3 all unauthorized copies of the Protected Material, (c) inform the person or persons to
4 whom unauthorized disclosures were made of all the terms of this Order, and (d)
5 request such person or persons to execute the “Acknowledgment and Agreement to Be
6 Bound” that is attached hereto as Exhibit A.
7
8 11.

INADVERTENT

9

PROTECTED MATERIAL

10

PRODUCTION OF

PRIVILEGED OR OTHERWISE

When a Producing Party gives notice to Receiving Parties that certain

11 inadvertently produced material is subject to a claim of privilege or other protection, the
12 obligations of the Receiving Parties are those set forth in Federal Rule of Civil
13 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
14 may be established in an e-discovery order that provides for production without prior
15 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
16 parties reach an agreement on the effect of disclosure of a communication or
17 information covered by the attorney-client privilege or work product protection, the
18 parties may incorporate their agreement in the stipulated protective order submitted to
19 the court.
20
21 12.

MISCELLANEOUS

22

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

23 person to seek its modification by the Court in the future.
24

12.2 Right to Assert Other Objections.

By stipulating to the entry of this

25 Protective Order, no Party waives any right it otherwise would have to object to
26 disclosing or producing any information or item on any ground not addressed in this
27 Stipulated Protective Order. Similarly, no Party waives any right to object on any
28 ground to use in evidence of any of the material covered by this Protective Order.
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1

12.3 Filing Protected Material.

A Party that seeks to file under seal any

2 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
3 only be filed under seal pursuant to a court order authorizing the sealing of the specific
4 Protected Material at issue. If a Party’s request to file Protected Material under seal is
5 denied by the court, then the Receiving Party may file the information in the public
6 record unless otherwise instructed by the court.
7
8 13.

FINAL DISPOSITION

9

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

10 days of a written request by the Designating Party, each Receiving Party must return all
11 Protected Material to the Producing Party or destroy such material. As used in this
12 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
13 summaries, and any other format reproducing or capturing any of the Protected
14 Material. Whether the Protected Material is returned or destroyed, the Receiving Party
15 must submit a written certification to the Producing Party (and, if not the same person
16 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
17 category, where appropriate) all the Protected Material that was returned or destroyed
18 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
19 compilations, summaries or any other format reproducing or capturing any of the
20 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
21 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
22 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
23 work product, and consultant and expert work product, even if such materials contain
24 Protected Material.

Any such archival copies that contain or constitute Protected

25 Material remain subject to this Protective Order as set forth in Section 4 (DURATION).
26 / / /
27 / / /
28 / / /
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1 14.

VIOLATION

2

Any violation of this Order may be punished by appropriate measures including,

3 without limitation, contempt proceedings and/or monetary sanctions.
4
5 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
6
7 DATED: October 11, 2016
8
9

______________________________________
GAIL J. STANDISH
UNITED STATES MAGISTRATE JUDGE

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1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

I,

_____________________________

[print

or

type

full

name],

of

5 _________________ [print or type full address], declare under penalty of perjury that I
6 have read in its entirety and understand the Stipulated Protective Order that was issued
7 by the United States District Court for the Central District of California on
8 _____________[date] in the case of Novelty Textiles, Inc. v. Ross Stores, Inc., et al.,
9 Case No. 16-CV-04822-GW (GJSx). I agree to comply with and to be bound by all the
10 terms of this Stipulated Protective Order and I understand and acknowledge that failure
11 to so comply could expose me to sanctions and punishment in the nature of contempt. I
12 solemnly promise that I will not disclose in any manner any information or item that is
13 subject to this Stipulated Protective Order to any person or entity except in strict
14 compliance with the provisions of this Order.
15

I further agree to submit to the jurisdiction of the United States District Court for

16 the Central District of California for enforcing the terms of this Stipulated Protective
17 Order, even if such enforcement proceedings occur after termination of this action. I
18 hereby appoint __________________________ [print or type full name] of
19 _______________________________________ [print or type full address and
20 telephone number] as my California agent for service of process in connection with this
21 action or any proceedings related to enforcement of this Stipulated Protective Order.
22
23 Date: _________________________________
24 City and State where sworn and signed: _________________________________
25 Printed name: ______________________________
26 Signature: _________________________________
27
28
Ross Protective Order.DOCXX 10-11-16

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