Gaspari Nutrition, Inc. v. Ashley Kaltwasser et al

Filing 114

PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Stipulation for Protective Order 111 . (ec)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9
10

GASPARI NUTRITION, INC.
Plaintiff,

11

Case No. 2:16-cv-05522-JFW (GJS)

v.

12
13

STIPULATED PROTECTIVE
ORDER1

ASHLEY KALTWASSER;
EHPLABS, LLC; and IZHAR
BASHA,

14

NOTE CHANGE MADE BY THE
COURT IN BOLD

Defendants.

15
16
17
18

1.

A. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,

19
20

proprietary or private information for which special protection from public

21

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

22

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

23

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

24

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

25

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

26
27
1

28

This Stipulated Protective Order is substantially based on the model protective
order provided under Magistrate Judge Gail J. Standish’s Procedures.

{01528830.DOCX / 7}

1

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

2

under the applicable legal principles.

3

B. GOOD CAUSE STATEMENT

4

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

5

other valuable research, development, commercial, financial, technical and/or

6

proprietary information for which special protection from public disclosure and

7

from use for any purpose other than prosecution of this action is warranted. Such

8

confidential and proprietary materials and information may consist of, among other

9

things, confidential business or financial information, information regarding

10

confidential business practices, or other confidential research, development, or

11

commercial information (including information implicating privacy rights of third

12

parties), information otherwise generally unavailable to the public, or which may be

13

privileged or otherwise protected from disclosure under state or federal statutes,

14

court rules, case decisions, or common law. Accordingly, to expedite the flow of

15

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

16

discovery materials, to adequately protect information the parties are entitled to keep

17

confidential, to ensure that the parties are permitted reasonable and necessary uses

18

of such material in preparation for and in the conduct of trial, to address their

19

handling at the end of the litigation, and serve the ends of justice, a protective order

20

for such information is justified in this matter. It is the intent of the parties that

21

information will not be designated as confidential or confidential – attorney’s eyes

22

only for tactical reasons and that nothing be so designated without a good faith

23

belief that it has been maintained in a confidential, non-public manner, and there is

24

good cause why it should not be part of the public record of this case.

25

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

26

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

27

Stipulated Protective Order does not entitle them to file confidential information

28

under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
2

1

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

2

to file material under seal.

3

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

4

proceedings and records in civil cases. In connection with non-dispositive motions,

5

good cause must be shown to support a filing under seal. See Kamakana v. City and

6

County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

7

Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

8

Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

9

require good cause showing), and a specific showing of good cause or compelling

10

reasons with proper evidentiary support and legal justification, must be made

11

with respect to Protected Material that a party seeks to file under seal. The

12

parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL

13

or CONFIDENTIAL—ATTORNEY EYES ONLY does not (without the

14

submission of competent evidence by declaration, establishing that the material

15

sought to be filed under seal qualifies as confidential, privileged, or otherwise

16

protectable) constitute good cause.

17

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

18

compelling reasons, not only good cause, for the sealing must be shown, and the

19

relief sought shall be narrowly tailored to serve the specific interest to be protected.

20

See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For

21

each item or type of information, document, or thing sought to be filed or introduced

22

under seal in connection with a dispositive motion or trial, the party seeking

23

protection must articulate compelling reasons, supported by specific facts and legal

24

justification, for the requested sealing order. Again, competent evidence supporting

25

the application to file documents under seal must be provided by declaration.

26

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

27

its entirety will not be filed under seal if the confidential portions can be redacted.

28

If documents can be redacted, then a redacted version for public viewing, omitting
3

1

only the confidential, privileged, or otherwise protectable portions of the document,

2

shall be filed. Any application that seeks to file documents under seal in their

3

entirety should include an explanation of why redaction is not feasible.

4

2.

DEFINITIONS

5

2.1

Action: this pending federal lawsuit.

6

2.2

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

7

designation of information or items under this Order.
2.3.1 “CONFIDENTIAL” Information or Items: information (regardless of

8
9

how it is generated, stored or maintained) or tangible things that is so designated by

10

the producing party and that qualifies for protection under Federal Rule of Civil

11

Procedure 26(c) and as specified above in the Good Cause Statement.
2.3.2 “CONFIDENTIAL—ATTORNEY EYES ONLY” Information or

12
13

Items: CONFIDENTIAL information (regardless of how it is generated, stored or

14

maintained) or tangible things that is so designated by the producing party and that

15

qualifies for protection under Federal Rule of Civil Procedure 26(c), as specified

16

above in the Good Cause Statement, and that also meets the definition set forth

17

below. Specifically, the designation CONFIDENTIAL—ATTORNEYS EYES

18

ONLY may be used only for the following types of past, current, or future

19

CONFIDENTIAL information: (1) sensitive technical information, including

20

current research, development and manufacturing information and patent

21

prosecution information, (2) sensitive and non-public business information,

22

including sensitive financial or marketing information and the identity of suppliers,

23

distributors, and potential or actual customers, (3) competitive technical

24

information, including technical analyses or comparisons of competitor’s products,

25

or (4) competitive business information, including non-public financial or marketing

26

analyses or comparisons of competitor’s products and strategic product planning.
2.4

27
28

Counsel: Outside Counsel and House Counsel (as well as their support

staff).
4

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

3

“CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEY EYES ONLY.”

4

2.6

Disclosure or Discovery Material: all items or information, regardless

5

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

6

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

7

generated in disclosures or responses to discovery in this matter.

8
9
10
11
12
13
14
15

2.7

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

pertinent to the litigation who has been retained by a Party or its counsel to serve as
an expert witness or as a consultant in this Action.
2.8

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

House Counsel does not include Outside Counsel.
2.9

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

other legal entity not named as a Party to this action.
2.10 Outside Counsel: attorneys who are not employees of a party to this

16

Action but are retained to represent or advise a party to this Action including their

17

support staff.

18

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

19

employees, consultants, retained experts, and Outside Counsel (and their support

20

staffs).

21
22

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

23

2.13 Professional Vendors: persons or entities that provide litigation

24

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

25

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

26

and their employees and subcontractors.

27

2.14 Protected Material: any Disclosure or Discovery Material that is

28

designated as “CONFIDENTIAL or CONFIDENTIAL—ATTORNEY EYES
5

1

ONLY.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery

2
3

Material from a Producing Party.

4

3.

SCOPE

5

The protections conferred by this Stipulation and Order cover not only

6

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

7

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

8

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

9

presentations by Parties or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the

10
11

trial judge. This Order does not govern the use of Protected Material at trial.

12
13

4.

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

14
15

CONFIDENTIAL, CONFIDENTIAL—ATTORNEY EYES ONLY, or maintained

16

pursuant to this protective order used or introduced as an exhibit at trial becomes

17

public and will be presumptively available to all members of the public, including

18

the press, unless compelling reasons supported by specific factual findings to

19

proceed otherwise are made to the trial judge in advance of the trial. See

20

Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing

21

documents produced in discovery from “compelling reasons” standard when merits-

22

related documents are part of court record). Accordingly, the terms of this

23

protective order do not extend beyond the commencement of the trial.

24
25
26

5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

27

Each Party or Non-Party that designates information or items for protection under

28

this Order must take care to limit any such designation to specific material that
6

1

qualifies under the appropriate standards. The Designating Party must designate for

2

protection only those parts of material, documents, items or oral or written

3

communications that qualify so that other portions of the material, documents, items

4

or communications for which protection is not warranted are not swept unjustifiably

5

within the ambit of this Order.

6

Mass, indiscriminate or routinized designations are prohibited. Designations

7

that are shown to be clearly unjustified or that have been made for an improper

8

purpose (e.g., to unnecessarily encumber the case development process or to impose

9

unnecessary expenses and burdens on other parties) may expose the Designating

10

Party to sanctions.

11

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

12

designated for protection do not qualify for protection, that Designating Party must

13

promptly notify all other Parties that it is withdrawing the inapplicable designation.

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

Designation in conformity with this Order requires:

20

(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” or “CONFIDENTIAL—ATTORNEY EYES ONLY”, to each

24

page that contains protected material. If only a portion of the material on a page

25

qualifies for protection, the Producing Party also must clearly identify the protected

26

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

27

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

28

need not designate them for protection until after the inspecting Party has indicated
7

1

which documents it would like copied and produced. During the inspection and

2

before the designation, all of the material made available for inspection shall be

3

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

4

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

5

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

6

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

7

“CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEY EYES ONLY” legend to

8

each page that contains Protected Material. If only a portion of the material on a

9

page qualifies for protection, the Producing Party also must clearly identify the

10

protected portion(s) (e.g., by making appropriate markings in the margins).
(b) for testimony given in depositions that the Designating Party identifies

11
12

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

13

deposition all protected testimony.
(c) for information produced in some form other than documentary and

14
15

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

16

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

17

legend “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEY EYES ONLY.”

18

If only a portion or portions of the information warrants protection, the Producing

19

Party, to the extent practicable, shall identify the protected portion(s).
5.3

20

Inadvertent Failures to Designate. If timely corrected, an inadvertent

21

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

22

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

23

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

24

efforts to assure that the material is treated in accordance with the provisions of this

25

Order.

26
27
28

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a
8

1

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

2

Scheduling Order.

3

6.2

4
5

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
6.3

6

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

7

the Designating Party. Frivolous challenges, and those made for an improper

8

purpose (e.g., to harass or impose unnecessary expenses and burdens on other

9

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

10

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

11

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

12

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

13

challenge.

14
15
16

7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

17

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

18

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

19

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

20

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

21

Receiving Party must comply with the provisions of section 13 below (FINAL

22

DISPOSITION).

23

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

24

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

25

authorized under this Order.

26

7.2.1 Disclosure of “CONFIDENTIAL” Information or Items. Unless

27

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

28

Receiving Party may disclose any information or item designated
9

1
2

“CONFIDENTIAL” only to:
(a) the Receiving Party’s Outside Counsel in this Action, as well as

3

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

4

the information for this Action;

5

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

6

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

7

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

8

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

9

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

10

(d) the court and its personnel;

11

(e) court reporters and their staff;

12

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

13

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

14

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

15
16

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

17

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

18

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

19

requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

20

not be permitted to keep any confidential information unless they sign the

21

“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

22

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

23

deposition testimony or exhibits to depositions that reveal Protected Material may

24

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

25

as permitted under this Stipulated Protective Order; and

26

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

27

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

28

7.2.2 Disclosure of “CONFIDENTIAL—ATTORNEY EYES ONLY”
10

1

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

2

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

3

designated “CONFIDENTIAL—ATTORNEY EYES ONLY” to only:

4

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

5

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

6

the information for this Action;

7

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

8

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

9

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

10

(c) the Court and its personnel;

11

(d) court reporters and their staff;

12

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

13

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

14

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

15
16

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

17

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

18

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

19

requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

20

not be permitted to keep any confidential information unless they sign the

21

“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

22

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

23

deposition testimony or exhibits to depositions that reveal Protected Material may

24

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

25

as permitted under this Stipulated Protective Order; and

26
27
28

(h) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
7.2.3 Leave for Further Disclosure. To the extent a Receiving Party wishes
11

1

to seek leave to disclose information designated as CONFIDENTIAL or

2

CONFIDENTIAL – ATTORNEYS EYES ONLY to a person who is not qualified to

3

receive such information under the terms set forth above, the Receiving Party may

4

request permission from the Producing Party in writing by identifying the specific

5

documents, groups of documents, or portions thereof to be disclosed, and the

6

persons to whom the designated information would be disclosed. Upon receipt of

7

such a letter, the Producing Party must respond in writing within seven (7) calendar

8

days. If the Producing Party does not agree to the Receiving Party’s request, it shall

9

provide a written explanation for its decision. The Receiving Party may then seek a

10

ruling from the Court authorizing disclosure of the designated information to the

11

persons proposed by the Receiving Party.

12

7.2.4 Nothing in this Protective Order shall bar or otherwise restrict outside

13

counsel from rendering advice to his or her client with respect to this action and, in

14

the course thereof, from relying in a general way upon his or her examination of

15

materials designated CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS

16

EYES ONLY, provided, however, that in rendering such advice and in otherwise

17

communicating with his or her clients, such counsel shall not disclose the specific

18

contents of any materials designated CONFIDENTIAL or CONFIDENTIAL –

19

ATTORNEYS EYES ONLY to persons who are not qualified under this Protective

20

Order to receive such materials.

21
22

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

23

IN OTHER LITIGATION

24

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

25

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

26

“CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEY EYES ONLY,” that

27

Party must:

28

(a) promptly notify in writing the Designating Party. Such notification
12

1

shall include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order

2
3

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

4

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

5

a copy of this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be

6
7

pursued by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with

8
9

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

10

action as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEY EYES ONLY”

11

before a determination by the court from which the subpoena or order issued, unless

12

the Party has obtained the Designating Party’s permission. The Designating Party

13

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

14

confidential material and nothing in these provisions should be construed as

15

authorizing or encouraging a Receiving Party in this Action to disobey a lawful

16

directive from another court.

17
18
19
20

9.

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

21

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

22

“CONFIDENTIAL—ATTORNEY EYES ONLY.” Such information produced by

23

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

24

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

25

prohibiting a Non-Party from seeking additional protections.

26

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

27

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

28

subject to an agreement with the Non-Party not to produce the Non-Party’s
13

1

confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-Party

2
3

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

4

agreement with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated

5
6

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

7

specific description of the information requested; and
(3) make the information requested available for inspection by the

8
9

Non-Party, if requested.

10

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

11

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

12

may produce the Non-Party’s confidential information responsive to the discovery

13

request. If the Non-Party timely seeks a protective order, the Receiving Party shall

14

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

15

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

16

Absent a court order to the contrary, the Non-Party shall bear the burden and

17

expense of seeking protection in this court of its Protected Material.

18
19
20

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

21

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

22

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

23

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

24

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

25

persons to whom unauthorized disclosures were made of all the terms of this Order,

26

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

27

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

28

14

1

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2

PROTECTED MATERIAL

3

When a Producing Party gives notice to Receiving Parties that certain

4

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

5

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

6

Procedure 26(b)(5)(B). This provision is not intended to modify whatever

7

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

8

without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

9

(e), insofar as the parties reach an agreement on the effect of disclosure of a

10

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

11

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

12

protective order submitted to the court.

13
14
15
16
17

12.

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

person to seek its modification by the Court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of this

18

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

19

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

20

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

21

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

22

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

23

Protected Material must comply with Local Civil Rule 79-5. Protected Material

24

may only be filed under seal pursuant to a court order authorizing the sealing of the

25

specific Protected Material at issue. If a Party’s request to file Protected Material

26

under seal is denied by the court, then the Receiving Party may file the information

27

in the public record unless otherwise instructed by the court.

28

15

1

13.

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

2
3

days of a written request by the Designating Party, each Receiving Party must return

4

all Protected Material to the Producing Party or destroy such material. As used in

5

this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

6

summaries, and any other format reproducing or capturing any of the Protected

7

Material. Whether the Protected Material is returned or destroyed, the Receiving

8

Party must submit a written certification to the Producing Party (and, if not the same

9

person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

10

(by category, where appropriate) all the Protected Material that was returned or

11

destroyed and (2) affirms that the Receiving Party has not retained any copies,

12

abstracts, compilations, summaries or any other format reproducing or capturing any

13

of the Protected Material. Notwithstanding this provision, Counsel are entitled to

14

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

15

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

16

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

17

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

18

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

19

Section 4 (DURATION).

20
21

14.

VIOLATION

22

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

23

without limitation, contempt proceedings and/or monetary sanctions.

24

//

25

//

26

//

27

//

28

//
16

1

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2
3

Dated: June 23, 2017

MURPHY, CAMPBELL, ALLISTON & QUINN
By: /s/ Mariel Covarrubias
Mariel Covarrubias

4
5

Attorneys for Plaintiff GASPARI NUTRITION

6
7
8

Dated: June 23, 2017

WALLERSTEIN LAW
By: /s/ Michael Wallerstein
Michael Wallerstein

9

Attorneys for Defendant Ashley Kaltwasser

10
11
12

Dated: June 23, 2017

13

CALL & JENSEN
A Professional Corporation
Scott R. Hatch
By: /s/ Scott R. Hatch
Scott R. Hatch

14
15

Attorneys for Defendants EHPLABS, LLC
and IZHAR BASHA

16
17
18

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

19
20

DATED: June 28, 2017

21
22
23
24

_____________________________________
GAIL J. STANDISH
UNITED STATES MAGISTRATE JUDGE

25
26
27
28

17

1

SIGNATURE CERTIFICATION

2
3
4
5
6
7
8

I hereby certify that the content of this document is acceptable to Mariel
Covarrubias, counsel for Plaintiff Gaspari Nutrition, and Michael Wallerstein,
counsel for Defendant Ashley Kaltwasser, that I have obtained Ms. Covarrubias’s
and Mr. Wallerstein’s authorization to affix their electronic signatures to this
document.

9
10
11

By:

/s/Scott R. Hatch
Scott R. Hatch

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

18

EXHIBIT A

1

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

I, _____________________________ [print or type full name], of
_________________ [print or type full address], declare under penalty of perjury
that I have read in its entirety and understand the Stipulated Protective Order that
was issued by the United States District Court for the Central District of California
on ___________, 2017 in the case of Gaspari Nutrition, Inc. v. Kaltwasser et al.,
No. 2:16-cv-05522-JFW-GJS . I agree to comply with and to be bound by all the
terms of this Stipulated Protective Order and I understand and acknowledge that
failure to so comply could expose me to sanctions and punishment in the nature of
contempt. I solemnly promise that I will not disclose in any manner any
information or item that is subject to this Stipulated Protective Order to any person
or entity except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the
Central District of California for enforcing the terms of this Stipulated Protective
Order, even if such enforcement proceedings occur after termination of this action.
I hereby appoint __________________________ [print or type full name] of
_______________________________________ [print or type full address and
telephone number] as my California agent for service of process in connection with
this action or any proceedings related to enforcement of this Stipulated Protective
Order.
Date: ______________________________________
City and State where sworn and signed: _________________________________

25
26

Printed name: _______________________________

27
28

Signature: __________________________________
19