Seville Classics, Inc. v. Honey-Can-Do International, LLC

Filing 41

STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Notice of Lodging 40 (sbu)

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Paul A. Stewart (SBN 153467)
Jeffrey A. Kobulnick (SBN 228299)
[e-mail]
BRUTZKUS GUBNER
Ali S. Razai (SBN 246922)
21650 Oxnard Street, Suite 500
[e-mail]
KNOBBE, MARTENS, OLSON & Woodland Hills, CA 91367
BEAR, LLP
Telephone: [phone]
2040 Main Street
Facsimile: [phone]
Fourteenth Floor
Irvine, CA 92614
[e-mail]
Phone: [phone]
Facsimile: [phone]
Richard S. Stockton (Admitted Pro
Attorneys for Plaintiff
Hac Vice)
SEVILLE CLASSICS, INC.
BANNER & WITCOFF, LTD.
Ten South Wacker Drive, Suite 3000
Chicago, IL 60606
Telephone: [phone]
[e-mail]
Attorneys for Defendant
HONEY-CAN-DO
INTERNATIONAL, LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION
) Case No.
SEVILLE CLASSICS, INC., a
) 2:16-CV-06460-SJO (RAOx)
California corporation,
)
)
Plaintiff,
) STIPULATED PROTECTIVE
) ORDER
v.
)
)
HONEY-CAN-DO
INTERNATIONAL, LLC, an Illinois ) Hon. S. James Otero
)
limited liability company,
) Hon. Rozella A. Oliver
)
Defendant.
)
)

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1.

A. PURPOSES AND LIMITATIONS

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

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proprietary or private information for which special protection from public

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

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may be warranted. Accordingly, the parties hereby stipulate to and petition the

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Court to enter the following Stipulated Protective Order.

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acknowledge that this Order does not confer blanket protections on all

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disclosures or responses to discovery and that the protection it affords from

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public disclosure and use extends only to the limited information or items that

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The parties

are entitled to confidential treatment under the applicable legal principles.

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B. GOOD CAUSE STATEMENT

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

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

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and/or proprietary information for which special protection from public

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disclosure and from use for any purpose other than prosecution of this action is

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warranted. Such confidential and proprietary materials and information consist

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of, among other things, confidential business or financial information,

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information regarding confidential business practices, or other confidential

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research, development, or commercial information (including information

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implicating privacy rights of third parties), information otherwise generally

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unavailable to the public, or which may be privileged or otherwise protected

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from disclosure under state or federal statutes, court rules, case decisions, or

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common law. Accordingly, to expedite the flow of information, to facilitate the

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prompt resolution of disputes over confidentiality of discovery materials, to

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adequately protect information the parties are entitled to keep confidential, to

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ensure that the parties are permitted reasonable necessary uses of such material

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in preparation for and in the conduct of trial, to address their handling at the end

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of the litigation, and serve the ends of justice, a protective order for such

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information is justified in this matter.

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information will not be designated as confidential for tactical reasons and that

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nothing be so designated without a good faith belief that it has been maintained

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in a confidential, non-public manner, and there is good cause why it should not

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be part of the public record of this case.

It is the intent of the parties that

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C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING

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UNDER SEAL

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

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this Stipulated Protective Order does not entitle them to file confidential

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information under seal; Local Civil Rule 79-5 sets forth the procedures that

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must be followed and the standards that will be applied when a party seeks

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permission from the court to file material under seal.

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

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judicial proceedings and records in civil cases.

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dispositive motions, good cause must be shown to support a filing under seal.

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See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir.

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2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002),

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Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999)

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(even stipulated protective orders require good cause showing), and a specific

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showing of good cause or compelling reasons with proper evidentiary support

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and legal justification, must be made with respect to Protected Material that a

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party seeks to file under seal. The parties’ mere designation of Disclosure or

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Discovery Material as CONFIDENTIAL does not— without the submission of

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competent evidence by declaration, establishing that the material sought to be

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filed under seal qualifies as confidential, privileged, or otherwise protectable—

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constitute good cause.

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In connection with non-

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

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

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and the relief sought shall be narrowly tailored to serve the specific interest to

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be protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th

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Cir. 2010). For each item or type of information, document, or thing sought to

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be filed or introduced under seal in connection with a dispositive motion or trial,

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the party seeking protection must articulate compelling reasons, supported by

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specific facts and legal justification, for the requested sealing order. Again,

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competent evidence supporting the application to file documents under seal

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must be provided by declaration.

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2.

DEFINITIONS

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2.1

Action: this pending federal law suit.

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2.2

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

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

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

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protection under Federal Rule of Civil Procedure 26(c), and as specified above

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in the Good Cause Statement.

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2.4

as their support staff).

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

2.5

Designating Party: a Party or Non-Party that designates

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

“CONFIDENTIAL”

or

“HIGHLY

CONFIDENTIAL

–

OUTSIDE

COUNSEL’S EYES ONLY.”
2.6

Disclosure or Discovery Material: all items or information,

regardless of the medium or manner in which it is generated, stored, or

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maintained (including, among other things, testimony, transcripts, and tangible

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things), that are produced or generated in disclosures or responses to discovery

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in this matter, or otherwise produced or generated in the course of this litigation,

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including without limitation production documents, electronically stored

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information, things, answers to interrogatories, responses to requests for

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admissions, and depositions, as well as testimony adduced at trial or a hearing

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or any matters in evidence..

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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

“HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S EYES

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ONLY” Information or Items: information (regardless of how it is generated,

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stored or maintained) or tangible things that qualify for protection under Federal

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Rule of Civil Procedure 26(c), and as specified above in the Good Cause

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Statement, that is extremely sensitive information the disclosure of which to

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another party or non-party would likely harm the competitive position of the

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party producing the information.

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considered

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ONLY include sales volumes, sales units, cost of goods sold, price structures,

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discounts, business costs, profits, margins, technical documents, marketing

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strategies, competitive business plans, and the identity of customers.

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2.9

HIGHLY

Examples of information that could be

CONFIDENTIAL–OUTSIDE

COUNSEL’S

EYES

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

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Action. House Counsel does not include Outside Counsel of Record or any

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other outside counsel.

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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

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

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and have appeared in this Action on behalf of that party or are affiliated with a

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law firm which has appeared on behalf of that party, and includes support staff.

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

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directors, employees, consultants, retained experts, and Outside Counsel of

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Record (and their support staffs).
2.13 Producing Party: a Party or Non-Party that produces Disclosure or

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Discovery Material in this Action.

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2.14 Professional Vendors: persons or entities that provide litigation

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

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or demonstrations, computer database preparation, document coding, and

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

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employees and subcontractors.
2.15 Protected Material: any Disclosure or Discovery Material that is

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designated

as

“CONFIDENTIAL”

or

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“HIGHLY

CONFIDENTIAL

–

OUTSIDE COUNSEL’S EYES ONLY.”
2.16 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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

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

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

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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

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

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4.

DURATION

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

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CONFIDENTIAL or HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S

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EYES ONLY, or otherwise maintained pursuant to this protective order, that is

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used or introduced as an exhibit at trial becomes public and will be

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presumptively available to all members of the public, including the press, unless

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compelling reasons supported by specific factual findings to proceed otherwise

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are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at

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1180-81 (distinguishing “good cause” showing for sealing documents produced

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in discovery from “compelling reasons” standard when merits-related

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

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order do not extend beyond the commencement of the trial.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for

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Protection. Each Party or Non-Party that designates information or items for

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protection under this Order must take care to limit any such designation to

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specific material that qualifies under the appropriate standards.

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Mass, indiscriminate, or routinized designations are prohibited.

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

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an improper purpose (e.g., to unnecessarily encumber the case development

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process or to impose unnecessary expenses and burdens on other parties) may

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expose the Designating Party to sanctions.

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

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that it designated for protection do not qualify for protection, that Designating

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Party must promptly notify all other Parties that it is withdrawing the

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inapplicable designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided

in this Order, or as otherwise stipulated or ordered, Disclosure or Discovery

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Material that qualifies for protection under this Order must be clearly so

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designated at the time the material is disclosed or produced.

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Designation in conformity with this Order requires:

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

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documents, but excluding transcripts of depositions or other pretrial or trial

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proceedings), that the Producing Party affix at a minimum, the legend

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“CONFIDENTIAL”

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COUNSEL’S EYES ONLY” (hereinafter “CONFIDENTIALITY legend”), to

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

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

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

or

“HIGHLY

CONFIDENTIAL

–

OUTSIDE

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

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

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has indicated which documents it would like copied and produced. During the

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

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inspection shall be deemed “HIGHLY CONFIDENTIAL – OUTSIDE

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COUNSEL’S EYES ONLY.” After the inspecting Party has identified the

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

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

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

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the “CONFIDENTIALITY legend” to each page that contains Protected

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Material. If only a portion of the material on a page qualifies for protection, the

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Producing Party also must clearly identify the protected portion(s) (e.g., by

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making appropriate markings in the margins).

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(b) For a deposition transcript, the Producing Party shall designate the

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transcript as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE

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COUNSEL’S EYES ONLY” by requesting such treatment thereof either on the

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record at the time of the deposition or by written notice to all counsel of record

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after service of the final deposition transcript. If confidential treatment of a

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transcript is requested by a party by written notice after completion of a

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deposition, such written notice shall be provided to all counsel of record within

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fourteen (14) days after completion and service of the final transcript. Such

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written notice shall specifically identify by page and line number all portions of

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the transcript that should be treated as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY” in accordance

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with this Protective Order.

All counsel receiving such notice shall be

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responsible for marking the copies of the designated transcript or portion thereof

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in their possession or control as provided for in the written notice. The parties

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shall not disseminate a deposition transcript or the contents thereof beyond the

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persons designated in Paragraph 7.3 below for a period of fourteen (14) days

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after completion and service of the final transcript, except that portions of the

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transcript may be filed under seal with the Court in connection with these

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proceedings. Documents or things used as exhibits at a deposition that a party

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desires to be subject to this Protective Order shall be separately stamped or

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marked “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE

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COUNSEL’S EYES ONLY.”

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exclude from attendance at a deposition, during such time as the Confidential

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Information is to be disclosed, any person other than the deponent, counsel, the

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court reporter, the videographer, and any person(s) agreed upon by counsel for

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the disclosing party.

The disclosing party will have the right to

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(c) For information produced in some form other than documentary

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(including, without limitation, electronically stored information produced in

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native format) and for any other tangible items, that the Producing Party affix in

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a prominent place on the media or exterior of the container or containers in

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which the information is stored the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY.” If only a portion

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or portions of the information warrants protection, the Producing Party, to the

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

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Inadvertent Failures to Designate. If timely corrected, an

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inadvertent failure to designate qualified information or items does not, standing

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alone, waive the Designating Party’s right to secure protection under this Order

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for such material. Upon timely correction of a designation, the Receiving Party

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must make reasonable efforts to assure that the material is treated in accordance

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with the provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

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

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Scheduling Order.
6.2

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Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
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The burden of persuasion in any such challenge proceeding shall be

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

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

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

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

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

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

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challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material

that is disclosed or produced by another Party or by a Non-Party in connection

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with this Action only for prosecuting, defending or attempting to settle this

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Action. Such Protected Material may be disclosed only to the categories of

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persons and under the conditions described in this Order. When the Action has

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been terminated, a Receiving Party must comply with the provisions of section

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13 below (FINAL DISPOSITION).

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

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

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persons authorized under this Order.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

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a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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

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and other attorneys from Outside Counsel of Record’s law firm, as well as

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

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necessary to disclose the information for this Action;

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

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of the Receiving Party to whom disclosure is reasonably necessary for this

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Action;

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

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

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

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(d) the court and its personnel;

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(e) court reporters, videographers and their staff;

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

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

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

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(g) the author or recipient of a document containing the information

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or a custodian or other person who otherwise possessed or knew the

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information;

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

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

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deposing party requests that the witness sign the form attached as Exhibit A

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hereto; and (2) they will not be permitted to keep any confidential information

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unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit

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A), unless otherwise agreed by the Designating Party or ordered by the court.

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Pages of transcribed deposition testimony or exhibits to depositions that reveal

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Protected Material may be separately bound by the court reporter and may not

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be disclosed to anyone except as permitted under this Stipulated Protective

13

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

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mutually agreed upon by any of the parties engaged in settlement discussions.
7.3

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Disclosure of “CONFIDENTIAL-OUTSIDE COUNSEL’S EYES

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ONLY” Information or Items. Unless otherwise ordered by the court or

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permitted in writing by the Designating Party, a Receiving Party may disclose

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any

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COUNSEL’S EYES ONLY” only to:

information

or

item

designated

“CONFIDENTIAL-OUTSIDE

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

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and other attorneys from Outside Counsel of Record’s law firm, as well as

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

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necessary to disclose the information for this Action;

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

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

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

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(c) the court and its personnel;

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(d) court reporters, videographers and their staff;

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

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

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

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(f) the author or recipient of a document containing the information or

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a custodian or other person who otherwise possessed or knew the information;

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

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mutually agreed upon by any of the parties engaged in settlement discussions.
7.4

Disclosure

of

“CONFIDENTIAL”

and

“CONFIDENTIAL-

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OUTSIDE COUNSEL’S EYES ONLY” Information to Experts.

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Receiving Party desires to disclose information designated “CONFIDENTIAL”

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or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL EYES ONLY” to any

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Expert, it must first identify in writing to the attorneys for the Producing Party

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each such Expert. Such identification shall include a current curriculum vitae

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and a signed “Acknowledgment and Agreement to Be Bound” (Exhibit A) from

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the Expert. The attorney for the Producing Party shall have five (5) business

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days from receipt of such notice to object in writing to disclosure of such

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information to any Expert so identified. If no objection is timely made, then

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL

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EYES ONLY” information may be disclosed to such Expert. The Parties shall

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attempt to resolve any objections informally. If objection is made, then any

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Party challenging the disclosure of Protected Material to the Expert may bring

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before the Court the question of whether Protected Material may be disclosed to

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such Expert. Any such motion shall be filed within ten (10) business days from

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the date of written objection to the disclosure. If no such motion is filed within

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If any

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this ten (10) business day period, Protected Material may be disclosed to that

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Expert. If a motion is filed, disclosure of Protected Material to the Expert shall

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not be made before approval of the Expert by the Court; and in no event shall

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disclosure be made before the deadlines for objecting and filing a motion set

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forth in this Paragraph. The burden of establishing confidentiality shall be on

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the Party who made the claim of confidentiality, but information designated as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL

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EYES ONLY” shall be deemed as such until the matter is resolved.

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///

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///

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///

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

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PRODUCED IN OTHER LITIGATION

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

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litigation that compels disclosure of any information or items designated in this

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Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE

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COUNSEL’S EYES ONLY,” that Party must:

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

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

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

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

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include a copy of this Stipulated Protective Order; and

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

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

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with the subpoena or court order shall not produce any information designated

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in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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OUTSIDE COUNSEL’S EYES ONLY” before a determination by the court

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from which the subpoena or order issued, unless the Party has obtained the

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Designating Party’s permission. The Designating Party shall bear the burden

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and expense of seeking protection in that court of its confidential material and

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nothing in these provisions should be construed as authorizing or encouraging a

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Receiving Party in this Action to disobey a lawful directive from another court.

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9.

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

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

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

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CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY.” Such information

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

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remedies and relief provided by this Order. Nothing in these provisions should

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be construed as prohibiting a Non-Party from seeking additional protections.

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

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

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

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confidential information, then the Party shall:

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

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

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agreement with a Non-Party;

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

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

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reasonably specific description of the information requested; and

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(3) make the information requested available for inspection by the
Non-Party, if requested.

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

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

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

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discovery request.

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

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

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

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

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Protected Material.

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10.

If the Non-Party timely seeks a protective order, the

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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disclosed Protected Material to any person or in any circumstance not

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authorized under this Stipulated Protective Order, the Receiving Party must

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immediately (a) notify in writing the Designating Party of the unauthorized

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disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

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Protected Material, (c) inform the person or persons to whom unauthorized

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disclosures were made of all the terms of this Order, and (d) request such person

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or persons to execute the “Acknowledgment and Agreement to Be Bound” that

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is attached hereto as Exhibit A.

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11.

INADVERTENT PRODUCTION OF PRIVILEGED,

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CONFIDENTIAL OR OTHERWISE PROTECTED MATERIAL

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The production of privileged or work-product protected documents,

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electronically stored information or information, whether inadvertent or

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otherwise, is not a waiver of the privilege or protection from discovery in this

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case or in any other federal or state proceeding. This Order shall be interpreted

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to provide the maximum protection allowed by Federal Rule of Evidence 502.

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Nothing contained herein is intended to or shall serve to limit a party’s

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right to conduct a review of documents, ESI or information (including metadata)

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for relevance, responsiveness, and/or segregation of privileged and/or protected

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information before production.

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If a receiving party discovers that discovery may have been inadvertently

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or unintentionally produced, it shall notify the producing party in writing as

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soon as reasonably practicable after learning of the inadvertent disclosure but in

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no event more than 14 business days. If a party through inadvertence produces

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or provides discovery which it believes is subject to a claim of an applicable

10

privilege, the producing party may give written notice to the receiving party or

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parties that the information or material is subject to a claim of privilege and

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request that the information or material be returned to the producing party. If a

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party or non-party requests the return, pursuant to this paragraph, of any

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discovery, the receiving party(ies) shall not use or disclose, and shall

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immediately return to the producing party all copies of such information or

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material or confirm that all copies of such information or material have been

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destroyed. Return of the information or material by the receiving party shall not

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constitute an admission or concession, or permit any inference, that the returned

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information or material is, in fact, properly subject to a claim of privilege nor

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shall it foreclose any party from moving the court for an order that such

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information or material has been improperly designated for reasons other than a

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waiver caused by the inadvertent production.

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The inadvertent or unintentional disclosure by a party or non-party of

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information, documents, or things which it believes should have been

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designated as “Confidential Information” or “Confidential Attorneys Eyes Only

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Information,” regardless of whether the information, documents, or things were

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so designated at the time of disclosure, shall not be deemed a waiver in whole or

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in part of the party’s or non-party’s claim of confidentiality, either as to the

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specific information disclosed or as to any other information relating thereto or

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on the same or related subject matter, provided that the party or non-party

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notifies the receiving party as soon as reasonably practicable after discovery of

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the inadvertent or unintentional failure to designate but in no event more than 14

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business days. If a party or non-party inadvertently or unintentionally produces

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or provides discovery of any “Confidential Information” or “Confidential

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Attorneys Eyes Only Information” without designating it as such, the party or

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non-party may give written notice to the receiving party(ies) that the

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information or material is “Confidential Information” or “Confidential

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Attorneys Eyes Only Information” and should be treated in accordance with the

12

provisions of this Protective Order. The receiving party(ies) must treat such

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information or material as “Confidential Information” or “Confidential

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Attorneys Eyes Only Information” as notified from the date such notice is

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received. Disclosure of such information or material, prior to receipt of such

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notice, to persons not authorized to receive “Confidential Information” or

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“Confidential Attorneys Eyes Only Information” shall not be deemed a violation

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of this Protective Order; however, those persons to whom disclosure was made

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are to be advised that the material disclosed is “Confidential Information” or

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“Confidential Attorneys Eyes Only Information” and must be treated in

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accordance with this Protective Order.

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12.

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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.

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

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

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

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

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on any ground to use in evidence of any of the material covered by this

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Protective Order.

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

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

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

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

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

9

information in the public record unless otherwise instructed by the court.

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13.

FINAL DISPOSITION

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After the final disposition of this Action, within 60 days of a written

12

request by the Designating Party, each Receiving Party must return all Protected

13

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

14

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

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

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Material.

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Receiving Party must submit a written certification to the Producing Party (and,

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if not the same person or entity, to the Designating Party) by the 60 day deadline

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that (1) identifies (by category, where appropriate) all the Protected Material

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that was returned or destroyed and (2) affirms that the Receiving Party has not

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retained any copies, abstracts, compilations, summaries or any other format

22

reproducing or capturing any of the Protected Material. Notwithstanding this

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provision, Counsel are entitled to retain an archival copy of all pleadings,

24

motion papers, trial, deposition, and hearing transcripts, legal memoranda,

25

correspondence, deposition and trial exhibits, expert reports, attorney work

26

product, and consultant and expert work product, even if such materials contain

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Protected Material.

Whether the Protected Material is returned or destroyed, the

Any such archival copies that contain or constitute

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Protected Material remain subject to this Protective Order.

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14.

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4

VIOLATION
Any violation of this Order may be punished by appropriate measures

including, without limitation, contempt proceedings and/or monetary sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

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Respectfully submitted,
KNOBBE, MARTENS, OLSON & BEAR, LLP

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Dated: April 27, 2017

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By: /s/ Ali S. Razai
Paul A. Stewart
Ali S. Razai
Attorneys for Plaintiff
SEVILLE CLASSICS, INC.

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BANNER & WITCOFF, LTD.

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Dated: April 27, 2017

By: /s/ Richard S. Stockton (with permission)
Richard S. Stockton
Attorneys for Defendant
HONEY-CAN-DO INTERNATIONAL, LLC

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IT IS SO ORDERED.

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Dated: April 28, 2017

_______________________________
Hon. Rozella A. Oliver
United States Magistrate Judge

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EXHIBIT A

1
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

5

perjury that I have read in its entirety and understand the Stipulated Protective

6

Order that was issued by the United States District Court for the Central District

7

of California on [date] in the case of Seville Classics, Inc. v. Honey-Can-Do

8

International, LLC., Case No. 2:16-CV-06460-SJO (RAOx). I agree to comply

9

with and to be bound by all the terms of this Stipulated Protective Order and I

10

understand and acknowledge that failure to so comply could expose me to

11

sanctions and punishment in the nature of contempt. I solemnly promise that I

12

will not disclose in any manner any information or item that is subject to this

13

Stipulated Protective Order to any person or entity except in strict compliance

14

with the provisions of this Order. I further agree to submit to the jurisdiction of

15

the United States District Court for the Central District of California for

16

enforcing the terms of this Stipulated Protective Order, even if such

17

enforcement proceedings occur after termination of this action. I hereby appoint

18

__________________________

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_______________________________________ [print or type full address and

20

telephone number] as my California agent for service of process in connection

21

with this action or any proceedings related to enforcement of this Stipulated

22

Protective Order.

23

Date: ______________________________________

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City and State or Nation where sworn and signed:________________________

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Printed name: _______________________________

26

Signature: __________________________________

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25781692

[print

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or

type

full

name]

of