Neman Brothers and Assoc. Inc v. Wal-Mart Stores, Inc. et al

Filing 34

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth. re Stipulation for Protective Order 33 . NOTE CHANGES MADE BY THE COURT. (See Order for Further Details) (kl)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 NEMAN BROTHERS & ASSOC., INC., a California Corporation; Case No.: 2:16-cv-5040 GW (JPRx) 13 14 15 16 17 18 19 20 21 Plaintiff, STIPULATED PROTECTIVE ORDER vs. WAL-MART STORES, INC., a Delaware Corporation; UNITED FASHIONS OF TEXAS d/b/a MELROSE FAMILY FASHIONS, a Texas Corporation; and DOES 1-10, inclusive, NOTE CHANGES MADE BY THE COURT Defendants. 22 23 24 25 26 27 28 1 STIPULATED PROTECTIVE ORDER 1 1. A. PURPOSES AND LIMITATIONS 2 3 Discovery in this action is likely to involve production of confidential, 4 proprietary, or private information for which special protection from public 5 disclosure and from use for any purpose other than prosecuting this litigation may 6 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 7 enter the following Stipulated Protective Order. The parties acknowledge that this 8 Order does not confer blanket protections on all disclosures or responses to 9 discovery and that the protection it affords from public disclosure and use extends 10 only to the limited information or items that are entitled to confidential treatment 11 under the applicable legal principles. The parties further acknowledge, as set forth 12 in Section 12.4, below, that this Stipulated Protective Order does not entitle them 13 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 14 procedures that must be followed and the standards that will be applied when a 15 party seeks permission from the court to file material under seal. 16 17 B. GOOD CAUSE STATEMENT 18 19 This action is likely to involve trade secrets, customer and pricing lists and 20 other valuable research, development, commercial, financial and/or technical 21 information for which special protection from public disclosure and from use for 22 any purpose other than prosecution of this action is warranted. Such confidential 23 materials and information consist of, among other things, confidential business or 24 financial information, information regarding purchase and sale prices of fabric or 25 garments by suppliers, manufacturers, importers, distributors or fashion retailers, 26 information regarding business practices, information regarding the creation, 27 purchase or sale of graphics used on textiles and garments, or other confidential 28 commercial information (including information implicating privacy rights of third 2 STIPULATED PROTECTIVE ORDER 1 parties), information generally unavailable to the public, or which may be 2 privileged or otherwise protected from disclosure under state of federal rules, court 3 rules, case decisions, or common law. Accordingly, to expedite the flow of 4 information, to facilitate the prompt resolution of disputes over confidentiality of 5 discovery materials, to adequately protect information the parties are entitled to 6 keep confidential, to ensure that the parties are permitted reasonable necessary uses 7 of such material in preparation for and in the conduct of trial, to address their 8 handling at the end of the litigation, and serve the ends of justice, a protective order 9 for such information is justified in this matter. It is the intent of the parties that 10 information will not be designated as confidential for tactical reasons and that no 11 information shall be so designated. 12 Notwithstanding anything contained in this Protective Order, the Parties 13 acknowledge and agree that the discoverability of sensitive documents and/or 14 information, as well as a party’s ability and/or decision to disclose, withhold, or 15 redact any sensitive documents and/or information, shall not otherwise be affected 16 by its ability to classify such sensitive documents and/or information as 17 CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY, 18 as defined hereinafter. Nothing herein shall prevent any Party from withholding or 19 redacting any documents and/or information that the Party deems privileged, 20 irrelevant, or otherwise objectionable. 21 22 2. DEFINITIONS 23 2.1 Action: This pending federal law suit. NEMAN BROTHERS & ASSOC., 24 INC., v. WALMART STORES, INC. et al (16-cv-5040). 25 2.2 Challenging Party: a Party or Non-Party that challenges the 26 27 28 designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for 3 STIPULATED PROTECTIVE ORDER 1 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. Such information may include, but is not 2 3 4 limited to: (a) The financial performance or results of the Designating Party, 5 including without limitation income statements, balance sheets, cash flow analyses, 6 budget projections, and present value calculations; 7 (b) Corporate and strategic planning by the Designating Party, 8 including without limitation marketing plans, competitive intelligence reports, sales 9 projections and competitive strategy documents; 10 (c) Names, addresses, and other information that would identify 11 customers or prospective customers, or the distributors or prospective distributors 12 of the Designating Party; 13 (d) Technical data, research and development data, and any other 14 confidential commercial information, including but not limited to trade secrets of 15 the Designating Party; 16 (e) Information used by the Designating Party in or pertaining to its 17 trade or business, which information the Designating Party believes in good faith 18 has competitive value, which is not generally known to others and which the 19 Designating Party would not normally reveal to third parties except in confidence, 20 or has undertaken with others to maintain in confidence; 21 (f) Information which the Designating Party believes in good faith 22 falls within the right to privacy guaranteed by the laws of the United States or 23 California; and 24 (g) Information which the Designating Party believes in good faith 25 to constitute, contain, reveal or reflect proprietary, financial, business, technical, or 26 other confidential information. 27 28 4 STIPULATED PROTECTIVE ORDER (h) 1 The fact that an item or category is listed as an example in this 2 or other sections of this Protective Order does not, by itself, render the item or 3 category discoverable. 4 2.3.1 Unless otherwise ordered by the court or permitted in writing by 5 the Designating Party, a Receiving Party may disclose any information or item 6 designated “CONFIDENTIAL” only to: 7 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 8 well as employees of said Outside Counsel of Record to whom it is reasonably 9 necessary to disclose the information for this Action; (b) the officers, directors, and employees (including House Counsel) 10 11 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 12 (c) Experts (as defined in this Order) of the Receiving Party to whom 13 disclosure is reasonably necessary for this Action and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (d) the court and its personnel; 16 (e) court reporters and their staff; 17 (f) professional jury or trial consultants, mock jurors, and Professional 18 Vendors to whom disclosure is reasonably necessary for this Action and who have 19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (g) the author or recipient of a document containing the information or 20 21 a custodian or other person who otherwise possessed or knew the information; 22 (h) during their depositions, witnesses, other than those under Section 23 2.3.1(b) above, and attorneys for witnesses, other than those under Section 2.3.1(b) 24 above, in the Action to whom disclosure is reasonably necessary provided: (1) the 25 deposing party requests permission to use any information or item designated 26 “CONFIDENTIAL” from the Designating Party (2) the deposing party requests 27 that the witness sign the form attached as Exhibit 1 hereto; and (3) they will not be 28 permitted to keep any confidential information 5 STIPULATED PROTECTIVE ORDER unless they sign the 1 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 2 agreed by the Designating Party or ordered by the court. Pages of transcribed 3 deposition testimony or exhibits to depositions that reveal Protected Material may 4 be separately bound by the court reporter and may not be disclosed to anyone 5 except as permitted under this Stipulated Protective Order; and (i) any mediator or settlement officer, and their supporting personnel, 6 7 mutually agreed upon by any of the parties engaged in settlement discussions. 8 9 10 11 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 12 items that it produces in disclosures or in responses to discovery as 13 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES 14 ONLY”. 15 2.6 Disclosure or Discovery Material: all items or information, regardless 16 of the medium or manner in which it is generated, stored, or maintained (including, 17 among other things, testimony, transcripts, and tangible things), that are produced 18 or generated in disclosures or responses to discovery in this matter. 19 2.7 Expert: a person with specialized knowledge or experience in a matter 20 pertinent to the litigation who has been retained by a Party or its counsel to serve 21 as an expert witness or as a consultant in this Action. 22 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”: Subject 23 to the limitations in this Protective Order, Discovery Materials may be marked 24 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” for the purpose of 25 preventing the disclosure of information or materials which, if disclosed to the 26 Receiving Party, might cause competitive harm to the Designating Party. 27 Information and material that may be subject to this protection includes, but is not 28 limited to, technical and/or research and development data, intellectual property, 6 STIPULATED PROTECTIVE ORDER 1 financial, marketing and other sales data, and/or information having strategic 2 commercial value pertaining to the Designating Party’s trade or business. Nothing 3 in paragraph 2.5 shall limit the information or material that can be designated 4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under this 5 paragraph. Before designating any specific information “HIGHLY 6 CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” the Designating Party’s 7 counsel shall make a good faith determination that the information warrants such 8 protection. 9 Materials designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 10 ONLY” materials may be disclosed only to the following Designees: 11 (a) Persons who appear on the face of Designated Materials 12 marked “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 13 ONLY” as an author, addressee, or recipient thereof; 14 (b) 15 Counsel for the parties to this action, as defined in section 2.4; 16 (c) 17 (d) The Court, its clerks and secretaries, and any court reporter 18 Expert for the parties to this action, as defined in section 2.7; retained to record proceedings before the Court; 19 (e) Any mediator employed by the Parties and his or her staff; and 20 (f) Court reporters retained to transcribe depositions. 21 22 2.9 House Counsel: attorneys who are employees of a party to this Action. 23 House Counsel does not include Outside Counsel of Record or any other outside 24 counsel. 25 26 27 2.10 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.11 Outside Counsel of Record: attorneys who are not employees of a 28 7 STIPULATED PROTECTIVE ORDER 1 party to this Action but are retained to represent or advise a party to this Action 2 and have appeared in this Action on behalf of that party or are affiliated with a law 3 firm which has appeared on behalf of that party, and includes support staff. 2.12 Party: any party to this Action, including all of its officers, directors, 4 5 employees, consultants, retained experts, and Outside Counsel of Record (and their 6 support staffs). 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 7 8 Discovery Material in this Action. 2.14 Professional Vendors: persons or entities that provide litigation 9 10 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 11 demonstrations, and organizing, storing, or retrieving data in any form or medium) 12 and their employees and subcontractors. 2.15 Protected Material: any Disclosure or Discovery Material that is 13 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 14 15 ATTORNEYS’ EYES ONLY.” 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 16 17 from a Producing Party. 18 19 3. SCOPE 20 The protections conferred by this Stipulation and Order cover not only 21 Protected Material (as defined above), but also (1) any information copied or 22 extracted from Protected Material; (2) all copies, excerpts, summaries, or 23 compilations of Protected Material; and (3) any testimony, conversations, or 24 presentations by Parties or their Counsel that might reveal Protected Material. 25 26 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. 27 The designation of any information or materials as “CONFIDENTIAL” or 28 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” is intended solely 8 STIPULATED PROTECTIVE ORDER 1 to facilitate the conduct of this litigation. Neither such designation nor treatment in 2 conformity with such designation shall be construed in any way as an admission or 3 agreement by the Receiving Party that the Protected Materials constitute or contain 4 any trade secret or confidential information, or the discoverability thereof. Except 5 as provided in this Protective Order, the Receiving Party shall not be obligated to 6 challenge the propriety of any designation, and a failure to do so shall not preclude 7 a subsequent attack on the propriety of such designation. 8 Nothing contained herein in any way restricts the ability of the Receiving 9 Party to use “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 10 ATTORNEYS’ EYES ONLY” material produced to it in examining or cross- 11 examining any employee or consultant of the Designating Party. The Parties 12 acknowledge and agree that Receiving Party may not use Protected Materials 13 marked by a Designating Party to examine or cross-examine an employee or 14 consultant or another individual associated with a non-Designating Party. At 15 deposition, the party using Designated Material must request that the portion of the 16 proceeding where use is made be conducted so as to exclude persons not qualified 17 to receive such Designated Material. 18 19 4. DURATION 20 Even after the termination of this action, the confidentiality obligations 21 imposed by this Order shall remain in effect until a Designating Party agrees 22 otherwise in writing or a court order otherwise directs. 23 24 25 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 26 Each Party or Non-Party that designates information or items for protection under 27 this Order must take care to limit any such designation to specific material that 28 qualifies under the appropriate standards. The Designating Party must designate for 9 STIPULATED PROTECTIVE ORDER 1 protection only those parts of material, documents, items, or oral or written 2 communications that qualify so that other portions of the material, documents, 3 items, or communications for which protection is not warranted are not swept 4 unjustifiably within the ambit of this Order. 5 Mass, indiscriminate, or routinized designations are prohibited. Designations 6 that are shown to be clearly unjustified or that have been made for an improper 7 purpose (e.g., to unnecessarily encumber the case development process or to 8 impose unnecessary expenses and burdens on other parties) may expose the 9 Designating Party to sanctions. 10 If it comes to a Designating Party’s attention that information or items that it 11 designated for protection do not qualify for protection, that Designating Party must 12 promptly notify all other Parties that it is withdrawing the inapplicable designation 13 a reasonable time following such discovery. 14 5.2 Manner and Timing of Designations. Except as otherwise provided in 15 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 16 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 17 under this Order must be clearly so designated before the material is disclosed or 18 produced. 19 20 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 21 documents, but excluding transcripts of depositions or other pretrial or trial 22 proceedings), that the Producing Party affix at a minimum, the legend 23 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY 24 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (“HIGHLY CONFIDENTIAL 25 legend”), to each page that contains protected material. If only a portion or portions 26 of the material on a page 27 qualifies for protection, the Producing Party also must clearly identify the 28 protected portion(s) (e.g., by making appropriate markings in the margins). 10 STIPULATED PROTECTIVE ORDER 1 A Party or Non-Party that makes original documents available for inspection 2 need not designate them for protection until after the inspecting Party has indicated 3 which documents it would like copied and produced. During the inspection and 4 before the designation, all of the material made available for inspection shall be 5 deemed “CONFIDENTIAL or “HIGHLY CONFIDENTIAL- ATTORNEYS’ 6 EYES ONLY.” After the inspecting Party has identified the 7 documents it wants copied and produced, the Producing Party must determine 8 which documents, or portions thereof, qualify for protection under this Order. 9 Then, before producing the specified documents, the Producing Party must affix 10 the “CONFIDENTIAL legend” or “HIGHLY CONFIDENTIAL legend” to each 11 page that contains Protected Material. If only a portion or portions of the material 12 on a page qualifies for protection, the Producing Party also must clearly identify 13 the protected portion(s) (e.g., by making appropriate markings in the margins). 14 (b) for testimony given in depositions 15 deposition transcripts and portions thereof taken in this action may be 16 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 17 ATTORNEYS’ EYES ONLY” during the deposition or after, in which case the 18 portion of the transcript containing Protected Material shall be identified in the 19 transcript by the Court Reporter as “CONFIDENTIAL,” or “HIGHLY 20 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 21 testimony shall be bound in a separate volume and marked by the reporter 22 accordingly. and such designated 23 Within sixty (60) days after a deposition transcript is certified by the 24 court reporter, any party may designate pages of the transcript and/or its exhibits as 25 Protected Material. During such sixty (60) day period, the transcript in its entirety 26 shall be treated as “CONFIDENTIAL” (except for those portions identified earlier 27 as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” which shall be 28 treated accordingly from the date of designation). If any party so designates such 11 STIPULATED PROTECTIVE ORDER 1 material, the parties shall provide written notice of such designation to all parties 2 within the sixty (60) day period. Protected Material within the deposition transcript 3 or the exhibits thereto may be identified in writing by page and line, or by 4 underlining and marking such portions “CONFIDENTIAL” or “HIGHLY 5 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and providing such marked-up 6 portions to all counsel. Where testimony is designated during the deposition, the Designating Party 7 8 shall have the right to exclude, at those portions of the deposition, all persons not 9 authorized by the terms of this Protective Order to receive such Protected Material. 10 (c) for information produced in some form other than documentary and 11 for any other tangible items, that the Producing Party affix in a prominent place on 12 the exterior of the container or containers in which the information is stored the 13 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ 14 EYES ONLY.” If only a portion or portions of the information 15 warrants protection, the Producing Party, to the extent practicable, shall identify 16 the protected portion(s). 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 17 18 failure to designate qualified information or items does not, standing alone, waive 19 the Designating Party’s right to secure protection under this Order for such 20 material. Upon timely correction of a designation, the Receiving Party must make 21 reasonable efforts to assure that the material is treated in accordance with the 22 provisions of this Order. 23 24 25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time that is consistent with the Court’s 27 Scheduling Order. 28 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 12 STIPULATED PROTECTIVE ORDER 1 resolution process under Local Rule 37.1 et seq. 6.3 The burden of persuasion in any such challenge proceeding shall be on 2 3 the Designating Party. Frivolous challenges, and those made for an improper 4 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 5 parties) may expose the Challenging Party to sanctions. Unless the Designating 6 Party has waived or withdrawn the confidentiality designation, all parties shall 7 continue to afford the material in question the level of protection to which it is 8 entitled under the Producing Party’s designation until the Court rules on the 9 challenge. 10 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1 Basic Principles. A Receiving Party may use Protected Material that is 13 disclosed or produced by another Party or by a Non-Party in connection with this 14 Action only for prosecuting, defending, or attempting to settle this Action. Such 15 Protected Material may be disclosed only to the categories of persons and under 16 the conditions described in this Order. When the Action has been terminated, a 17 Receiving Party must comply with the provisions of section 13 below (FINAL 18 DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a 19 20 location and in a secure manner that ensures that access is limited to the persons 21 authorized under this Order. 22 23 24 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 25 IN OTHER LITIGATION 26 If a Party is served with a subpoena or a court order issued in other litigation 27 that compels disclosure of any information or items designated in this Action as 28 13 STIPULATED PROTECTIVE ORDER 1 “CONFIDENTIAL, or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES 2 ONLY,” that Party must: (a) promptly notify in writing the Designating Party. Such notification 3 4 shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order 5 6 to issue in the other litigation that some or all of the material covered by the 7 subpoena or order is subject to this Protective Order. Such notification shall 8 include a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be 9 10 pursued by the Designating Party whose Protected Material may be affected. 11 If the Designating Party timely seeks a protective order, the Party served with 12 the subpoena or court order shall not produce any information designated in this 13 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ 14 EYES ONLY,” before a determination by the court from which the 15 subpoena or order issued, unless the Party has obtained the Designating Party’s 16 permission. The Designating Party shall bear the burden and expense of seeking 17 protection in that court of its confidential material and nothing in these provisions 18 should be construed as authorizing or encouraging a Receiving Party in this Action 19 to disobey a lawful directive from another court. 20 21 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 22 PRODUCED IN THIS LITIGATION 23 (a) The terms of this Order are applicable to information produced by a 24 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 25 CONFIDENTIAL- ATTORNEYS’ EYES ONLY.” Such information 26 produced by Non-Parties in connection with this litigation is protected by the 27 remedies and relief provided by this Order. Nothing in these provisions should be 28 construed as prohibiting a Non-Party from seeking additional protections. 14 STIPULATED PROTECTIVE ORDER (b) In the event that a Party is required, by a valid discovery request, to 1 2 produce a Non-Party’s confidential information in its possession, and the Party is 3 subject to an agreement with the Non-Party not to produce the Non-Party’s 4 confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party 5 6 that some or all of the information requested is subject to a confidentiality 7 agreement with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated 8 9 10 Protective Order in this Action, the relevant discovery request(s), and a reasonably specific description of the information requested; and (3) make the information requested available for inspection by the 11 12 Non-Party, if requested. (c) If the Non-Party fails to seek a protective order from this court within 13 14 14 days of receiving the notice and accompanying information, the Receiving 15 Party may produce the Non-Party’s confidential information responsive to the 16 discovery request. If the Non-Party timely seeks a protective order, the Receiving 17 Party shall not produce any information in its possession or control that is subject 18 to the confidentiality agreement with the Non-Party before a determination by the 19 court. Absent a court order to the contrary, the Non-Party shall bear the burden and 20 expense of seeking protection in this court of its Protected Material. 21 22 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 23 If a Receiving Party learns that, by inadvertence or otherwise, it has 24 disclosed Protected Material to any person or in any circumstance not authorized 25 under this Stipulated Protective Order, the Receiving Party must immediately (a) 26 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 27 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 28 the person or persons to whom unauthorized disclosures were made of all the terms 15 STIPULATED PROTECTIVE ORDER 1 of this Order, and (d) request such person or persons to execute the 2 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 3 A. 4 5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 6 PROTECTED MATERIAL 7 When a Producing Party gives notice to Receiving Parties that certain 8 inadvertently produced material is subject to a claim of privilege or other 9 protection, the obligations of the Receiving Parties are those set forth in Federal 10 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 11 whatever procedure may be established in an e-discovery order that provides for 12 production without prior privilege review. Pursuant to Federal Rule of Evidence 13 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 14 of a communication or information covered by the attorney-client privilege or 15 work product protection, the parties may incorporate their agreement in the 16 stipulated protective order submitted to the court provided the Court so allows. 17 12. 18 19 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. 20 12.2 Right to Assert Other Objections. By stipulating to the entry of this 21 Protective Order no Party waives any right it otherwise would have to object to 22 23 24 25 26 27 disclosing or producing any information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of the material covered by this Protective Order. Moreover, this Order shall not preclude or limit any Party’s right to seek further and additional protection against or limitation upon production of documents produced in response to discovery. 28 16 STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 12.3 Other Privileges. Nothing in this Order shall require disclosure of materials that a Party contends are protected from disclosure by the attorney-client privilege or the attorney work-product doctrine. This provision shall not, however, be construed to preclude any Party from moving the Court for an order directing the disclosure of such materials where it disputes the claim of attorney-client privilege or attorney work-product doctrine. 7 12.4 Filing Protected Material. A Party that seeks to file under seal any 8 9 Protected Material must comply with Civil Local Rule 79-5. Protected Material 10 may only be filed under seal pursuant to a court order authorizing the sealing of the 11 specific Protected Material at issue. If a Party's request to file Protected Material 12 under seal is denied by the court, then the Receiving Party may file the information 13 in the public record unless otherwise instructed by the court. 14 12.5 No Prejudice. This Protective Order shall not diminish any existing 15 obligation or right with respect to Protected Material, nor shall it prevent a 16 disclosure to which the Designating Party consented in writing before the 17 disclosure takes place. Unless the parties stipulate otherwise, evidence of the 18 existence or nonexistence of a designation under this Protective Order shall not be 19 admissible for any purpose during any proceeding on the merits of this action. 20 12.6 Self-Disclosure. Nothing in this Order shall affect the right of the 21 Designating Party to disclose the Designating Party’s own Confidential information 22 or items to any person or entity. Such disclosure shall not waive any of the 23 protections of this Order. 24 25 12.7 Captions. The captions of paragraphs contained in this Order are for reference only and are not to be construed in any way as a part of this Order. 26 27 28 13. FINAL DISPOSITION 17 STIPULATED PROTECTIVE ORDER After the final disposition of this Action, within 60 days of a written request 1 2 by the Designating Party, each Receiving Party must return all Protected Material 3 to the Producing Party or destroy such material. As used in this subdivision, “all 4 Protected Material” includes all copies, abstracts, compilations, summaries, and 5 any other format reproducing or capturing any of the Protected Material. Whether 6 the Protected Material is returned or destroyed, the Receiving Party must submit a 7 written certification to the Producing Party (and, if not the same person or entity, to 8 the Designating Party) by the 60 day deadline that (1) identifies (by category, 9 where appropriate) all the Protected Material that was returned or destroyed and 10 (2)affirms that the Receiving Party has not retained any copies, abstracts, 11 compilations, summaries or any other format reproducing or capturing any of the 12 Protected Material. Notwithstanding this provision, Counsel are entitled to retain 13 copies of all pleadings, motion papers, trial, deposition, and hearing transcripts, 14 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 15 attorney work product, and consultant and expert work product, even if such 16 materials contain Protected Material. Any such archival copies that contain or 17 constitute Protected Material remain subject to this Protective Orderas set forth in 18 Section 4 (DURATION). 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 18 STIPULATED PROTECTIVE ORDER 1 // 2 // 3 14. 4 measures including, without limitation, contempt proceedings and/or monetary 5 sanctions. Any violation of this Order may be punished by any and all appropriate 6 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 8 9 Dated: December 27, 2016 /s/C. Yong Jeong C. Yong Jeong Jesse Yanco JEONG & LIKENS, L.C. Attorneys for Plaintiff 10 11 12 13 Dated: December 27, 2016 14 Milord A. Keshishian MILORD & ASSOCIATES, P.C. Attorneys for All Named Defendants 15 16 17 18 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 20 DATED: December 27, 2016 21 22 _____________________________________ JEAN ROSENBLUTH 23 Honorable Jean P. Rosenbluth United States Magistrate Judge 24 25 26 27 28 19 STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on [date] in the case of ___________ NEMAN BROTHERS & ASSOC., INC. v. 8 WAL-MART STORES, INC.; UNITED FASHIONS OF TEXAS d/b/a MELROSE 9 FAMILY FASHIONS, INC., 2:16-cv-5040 GW (JPRx). I agree to comply with and 10 to be bound by all the terms of this Stipulated Protective Order and I understand 11 and acknowledge that failure to so comply could expose me to sanctions and 12 punishment in the nature of contempt. I solemnly promise that I will not disclose in 13 any manner any information or item that is subject to this Stipulated Protective 14 Order to any person or entity except in strict compliance with the provisions of this 15 Order. 16 I further agree to submit to the jurisdiction of the United States District Court for 17 the Central District of California for the purpose of enforcing the terms of this 18 Stipulated Protective Order, even if such enforcement proceedings occur after 19 termination of this action. I hereby appoint __________________________ [print 20 or type full name] of _______________________________________ [print or 21 type full address and telephone number] as my California agent for service of 22 process in connection with this action or any proceedings related to enforcement of 23 this Stipulated Protective Order. 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 27 28 Printed name: _______________________________ Signature: __________________________________ 20 STIPULATED PROTECTIVE ORDER

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