Gold Value International Textile, Inc. v. Forever 21, Inc. et al

Filing 21

PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich. (See attached order for further details.) (jsan)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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GOLD VALUE INTERNATIONAL
TEXTILE, d/b/a FIESTA FABRIC, a
California Corporation;

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Case No.: 2:16-cv-7174 RSWL (AJWx)

[PROPOSED] STIPULATED
PROTECTIVE ORDER

Plaintiff,

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vs.

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FOREVER 21, INC., a Delaware
Corporation; and DOES 1-10, inclusive,
Defendants.

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3364007.1

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[PROPOSED] ORDER

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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 may

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

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

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

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

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

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under the applicable legal principles. The parties further acknowledge, as set forth

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in Section 12.3, below, that this Stipulated Protective Order does not entitle them

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to file confidential information under seal; Civil Local Rule 79-5 sets forth the

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procedures that must be followed and the standards that will be applied when a

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party seeks permission from the court to file material under seal.

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B. GOOD CAUSE STATEMENT

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

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

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information for which special protection from public disclosure and from use for

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any purpose other than prosecution of this action is warranted. Such confidential

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materials and information consist of, among other things, confidential business or

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financial information, information regarding purchase and sale prices of fabric or

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garments by suppliers, manufacturers, importers, distributors or fashion retailers,

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information regarding business practices, information regarding the creation,

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purchase or sale of graphics used on textiles and garments, or other confidential

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commercial information (including information implicating privacy rights of third
3364007.1

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[PROPOSED] ORDER

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

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privileged or otherwise protected from disclosure under state of federal rules, court

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

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

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

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

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

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

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

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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 in a

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confidential, non-public manner, and there is good cause why it should not be part

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of the public record of this case.

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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 of

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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 in

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the Good Cause Statement.
2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

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their support staff).
2.5 Designating Party: a Party or Non-Party that designates information or

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY”.
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[PROPOSED] ORDER

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

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

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

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or generated in disclosures or responses to discovery in this matter.
2.7 Expert: a person with specialized knowledge or experience in a matter

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

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serve as an expert witness or as a consultant in this Action, (2) IS NOT A PAST

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OR CURRENT EMPLOYEE OF A Party or of a Party’s competitor, and (3) at the

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time of retention, Is not anticipated to become an employee of a Party or of a

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Party’s competitor.

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2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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Information or Items: extremely sensitive “Confidential information or Items,”

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disclosure of which to another Party or Non-Party would create a substantial risk of

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serious harm that could not be avoided by less restrictive means.

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

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House Counsel does not include Outside Counsel of Record or any other outside

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

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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 law

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firm which has appeared on behalf of that party, and includes support staff.
2.12 Party: any party to this Action, including all of its officers, directors,

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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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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[PROPOSED] ORDER

2.14 Professional Vendors: persons or entities that provide litigation

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

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

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

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designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY.”
2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

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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.

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

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

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

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

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

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

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

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

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the Designating Party.

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

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trial judge. This Order does not govern the use of Protected Material at trial.
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[PROPOSED] ORDER

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4.

DURATION

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Even after final disposition of this action, the confidentiality obligations

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

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

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

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

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

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

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time pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL
5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

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

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

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

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

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items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

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

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

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designated for protection do not qualify for protection at all or do not qualify for

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the level of protection initially asserted, that Designating Party must
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[PROPOSED] ORDER

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

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

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

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

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

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produced.
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 the legend

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“CONFIDENTIAL” or ‘HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” , to each page that

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

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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) and

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must specify, for each portion, the level of protection being asserted.

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

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

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

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

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deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the

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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 appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY”) to each page that contains Protected Material. If

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only a portion or portions of the material on a page qualifies for protection, the
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[PROPOSED] ORDER

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

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appropriate markings in the margins).
(b) for testimony given in depositions that the Designating Party identify

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

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deposition all protected testimony.

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

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

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

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legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY”. If only a portion or portions of the information

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warrants protection, the Producing Party, to the extent practicable, shall identify

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the protected portion(s).
5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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

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provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1 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. Unless a prompt challenge to a Designating Party’s

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confidentiality designation is necessary to avoid foreseeable, substantial

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unfairness, unnecessary economic burdens, or a significant disruption or delay of

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

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

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designation is disclosed.
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[PROPOSED] ORDER

6.2 Meet and Confer. The Challenging Party shall initiate the dispute

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

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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.

ACCESS TO AND USE OF PROTECTED MATERIAL

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

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

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

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

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

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

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

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

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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, a

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Receiving Party may disclose any information or item designated

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

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well as employees of said Outside Counsel of Record to whom it is reasonably
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[PROPOSED] ORDER

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necessary to disclose the information for this Action;
(b) the officers, directors, and employees (including House Counsel) of

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

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(c) Experts (as defined in this Order) of the Receiving Party (1) to whom

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disclosure is reasonably necessary for this Action; (2) who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A) and (3) subject to

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paragraph 7.4 below;

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(d) the court and its personnel;

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(e) court reporters 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 have

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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(g) the author or recipient of a document containing the information or a

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custodian or other person who otherwise possessed or knew the information;
(h) during their depositions, witnesses ,and attorneys for witnesses, in the

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

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

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

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

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

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deposition testimony or exhibits to depositions that reveal Protected Material may

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

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except as permitted under this Stipulated Protective 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 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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

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in writing by the Designating Party, a Receiving Party may disclose any
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[PROPOSED] ORDER

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information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY” only to:
(a)

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the Receiving Party’s Outside Counsel of Record in this action, as

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

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necessary to disclose the information for this litigation;
(b)

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Experts of the Receiving Party (1) to whom disclosure is reasonably

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

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Agreement to Be Bound” (Exhibit A), and (3) subject to paragraph 7.4, below;
(c) the court and its personnel;

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(d) court reporters 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 have

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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(f) the author or recipient of a document containing the information or a

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custodian or other person who otherwise possessed or knew the information;
(g) during their depositions, witnesses ,and attorneys for witnesses, in the

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

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

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

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

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

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deposition testimony or exhibits to depositions that reveal Protected Material may

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

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except as permitted under this Stipulated Protective Order; and
(h) 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.

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[PROPOSED] ORDER

7.4.

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Notwithstanding Paragraph 7.2(b) and 7.3(b) above,

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CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY INFORMATION may be provided to persons listed

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therein only to the extent necessary for such expert or consultant to prepare a

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written opinion, to prepare to testify, or to assist counsel in this Litigation,

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provided that such expert or consultant (i) is not currently an employee of, or

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advising or discussing employment with, or consultant to, any Party or any

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competitor or potential transaction counterparty of any Party, as far as the expert or

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consultant can reasonably determine, and (ii) is using said CONFIDENTIAL

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INFORMATION or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY

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INFORMATION solely in connection with this Litigation; and further provided

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that such expert or consultant agrees to be bound by the terms of this Stipulation by

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signing an undertaking in the form attached as Exhibit A hereto. Counsel for the

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Party showing, providing, or disclosing CONFIDENTIAL INFORMATION or

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HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY INFORMATION to

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any person required to execute an undertaking pursuant to this paragraph shall be

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responsible for obtaining such signed undertaking and retaining the original,

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executed copy thereof. Under no circumstances shall an expert or consultant who

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is a competitor or an employee of a competitor of a Party, or who is providing

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services to any of the foregoing, be provided access to CONFIDENTIAL

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INFORMATION or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY

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INFORMATION absent further order of the Court or consent of the Producing

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Party. “Competitors” are persons or entities endeavoring to engage in the same or

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similar lines of business, provide the same or similar services, sell the same or

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similar products, and/or operate in the same markets, as well as any persons who

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are actually engaged in any of these activities.

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3364007.1

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[PROPOSED] ORDER

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7.4

Procedures for Approving or Objecting ot Disclosure of “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to

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Experts.1

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(a)

Unless otherwise ordered by the court or agreed to in writing by the

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Designating Party, a Party that seeks to disclose to an Expert (as defined in this

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Order) any information or item that has been designated “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(c)

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must first make a written request to the Designating Party that (1) identifies the

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general categories of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” information that the Receiving Party seeks permission to disclose to the

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Expert, (2) sets forth the full name of the Expert and the city and state of his or her

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primary residence, (3) attaches a copy of the Expert’s current resume, (4) identifies

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the Expert’s current employer(s), (5) identifies each person or entity from whom

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the Expert has received compensation or funding for work in his or her areas of

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expertise or to whom the Expert has provided professional services, including in

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connection with a litigation, at any time during the preceding five years, and (6)

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identifies (by name and number of the case, filing date, and location of case) any

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litigation in connection with which the Expert has offered expert testimony,

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including through a declaration, report, or testimony at a deposition or trial, during

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the preceding five years.
(b)

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A Party that makes a request and provides the information specified in

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the preceding respective paragraphs may disclose the subject Protected Material to

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the identified Expert unless, within 14 days of delivering the request, the Party

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If the Expert believes any of this information is subject to a confidentiality obligation to
a third-party, then the Expert should provide whatever information the Expert believes can be
disclosed without violating any confidentiality agreements, and the Party seeking to disclose to
the Expert shall be available to meet and confer with the Designating Party regarding any such
engagement.
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[PROPOSED] ORDER

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receives a written objection from the Designating Party. Any such objection must

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set forth in detail the grounds on which it is based.
(c)

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A Party that receives a timely written objection must meet and confer

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with the Designating Party to try to resolve the matter by agreement within seven

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days of the written objection. If no agreement is reached, the Party seeking to

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make the disclosure to the Expert may file a motion seeking permission from the

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court to do so. Any such motion must describe the circumstances with specificity,

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set forth in detail the reasons why the disclosure to the Expert is reasonably

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necessary, assess the risk of harm that the disclosure would entail, and suggest any

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additional means that could be used to reduce that risk. In addition, any such

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motion must be accompanied by a competent declaration describing the parties’

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efforts to resolve the matter by agreement (i.e., the extent and the content of the

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meet and confer discussions) and setting forth the reasons advanced by the

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Designating Party for its refusal to approve the disclosure.

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In any such proceeding, the Party opposing disclosure to the Expert shall

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bear the burden of proving that the risk of harm that the disclosure would entail

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(under the safeguards proposed) outweighs the Receiving Party’s need to disclose

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the Protected Material to its Expert.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” that Party must:
(a) promptly notify in writing the Designating Party. Such notification

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

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[PROPOSED] ORDER

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

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

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

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withthe subpoena or court order shall not produce any information designated in

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this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” before a determination by the court from which the

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subpoena or order issued, unless the Party has obtained the Designating Party’s

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permission. The Designating Party shall bear the burden and expense of seeking

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protection in that court of its confidential material and nothing in these provisions

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should be construed as authorizing or encouraging a Receiving Party in this Action

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to disobey a lawful directive from another court.

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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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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 – ATTORNEYS’ 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 be

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

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

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[PROPOSED] ORDER

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

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agreement with a Non-Party;
(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 reasonably

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

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Non-Party, if requested.
(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. If the Non-Party timely seeks a protective order, the Receiving

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

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to the confidentiality agreement with the Non-Party before a determination by the

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

15

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

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17

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

19

disclosed Protected Material to any person or in any circumstance not authorized

20

under this Stipulated Protective Order, the Receiving Party must immediately (a)

21

notify in writing the Designating Party of the unauthorized disclosures, (b) use its

22

best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

23

the person or persons to whom unauthorized disclosures were made of all the terms

24

of this Order, and (d) request such person or persons to execute the

25

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

26

A.

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28

11.
3364007.1

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
16
[PROPOSED] ORDER

1

PROTECTED MATERIAL

2

When a Producing Party gives notice to Receiving Parties that certain

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

stipulated protective order submitted to the court.

12
13

12.

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

14
15

MISCELLANEOUS

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

16

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

17

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

18

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

19

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

20

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

21

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

22
23

Protected Material must comply with Civil Local 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.

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3364007.1

17
[PROPOSED] ORDER

1

13.

FINAL DISPOSITION

2

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

3

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

4

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

5

used in this subdivision, “all Protected Material” includes all copies, abstracts,

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

capturing any of the Protected Material. Notwithstanding this provision, Counsel

14

are entitled to retain an archival copy of all pleadings, motion papers, trial,

15

deposition, and hearing transcripts, legal memoranda, correspondence, deposition

16

and trial exhibits, expert reports, attorney work product, and consultant and expert

17

work product, even if such materials contain Protected Material. Any such archival

18

copies that contain or constitute Protected Material remain subject to this

19

Protective Order as set forth in Section 4 (DURATION).

20

//

21

//

22

//

23

//

24

//

25

//

26

//

27

//

28

//
3364007.1

18
[PROPOSED] ORDER

1

//

2

//

3

//

4

14.

5

measures including, without limitation, contempt proceedings and/or monetary

6

sanctions.

Any violation of this Order may be punished by any and all appropriate

7
8

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

9
10

Dated: January 25, 2017

/s/C. Yong Jeong
C. Yong Jeong
JEONG & LIKENS, L.C.
Attorneys for Plaintiff

Dated: January 25, 2017

/s/Ekwan E. Rhow

11
12
13
14

Ekwan E. Rhow
Kimmy H. Chan
BIRD, MARELLA, BOXER, WOLPERT,
NESSIM, DROOKS, LINCENBERG &
RHOW, P.C.
Attorneys for Defendant,
FOREVER 21, INC.

15
16
17
18
19
20

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

21

DATED: January 24, 2017

22
23
24

_____________________________________

25

Honorable Andrew J. Wistrich
United States Magistrate Judge

26
27
28

3364007.1

19
[PROPOSED] ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________________________ [print or type full name], of

4

_________________ [print or type full address], declare under penalty of perjury

5

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

6

was issued by the United States District Court for the Central District of California

7

on [date] in the case of ___________ GOLD VALUE INTERNATIONAL TEXTILE,

8

d/b/a FIESTA FABRIC v. FOREVER 21, INC., 2:16-cv-07174-RSWL-AJW . I agree

9

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

10

and I 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 will

12

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

13

Protective Order to any person or entity except in strict compliance with the

14

provisions of this Order.

15

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

16

the Central District of California for the purpose of enforcing the terms of this

17

Stipulated Protective Order, even if such enforcement proceedings occur after

18

termination of this action. I hereby appoint __________________________ [print

19

or type full name] of _______________________________________ [print or

20

type full address and telephone number] as my California agent for service of

21

process in connection with this action or any proceedings related to enforcement of

22

this Stipulated Protective Order.

23

Date: ______________________________________

24

City and State where sworn and signed: _________________________________

25
26
27

Printed name: _______________________________
Signature: __________________________________

28
3364007.1

20
[PROPOSED] ORDER