Standard Fabrics International, Inc. v. J One Trading Inc et al

Filing 17

PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order 16 (sbu)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9
CENTRAL DISTRICT OF CALIFORNIA

10
11
12

STANDARD FABRICS
Case No.: 2:16-cv-08502-TJH-RAO
INTERNATIONAL, INC., a California
Corporation;
Honorable Rozella A. Oliver presiding

13
Plaintiff,

14

vs.

15
16
17

[PROPOSED] PROTECTIVE ORDER

J ONE TRADING, INC., a California
Corporation, et al.

18

Defendants.

19
20
21
22

Subject to the approval of this Court, the parties hereby stipulate to the

23

following protective order:

24

///

25

///

26

///

27

///

28

///
1

[PROPOSED] PROTECTIVE ORDER

1

1.

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

2
3

proprietary, or private information for which special protection from public

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15
16
17

1.

B. GOOD CAUSE STATEMENT
This action is likely to involve trade secrets, customer and pricing lists and

18

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

19

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

20

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

21

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

22

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

23

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

24

information regarding business practices, information regarding the creation,

25

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

26

commercial information (including information implicating privacy rights of third

27

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

28

privileged or otherwise protected from disclosure under state of federal rules, court
2

[PROPOSED] PROTECTIVE ORDER

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

of the public record of this case.

12
13
14
15
16
17
18
19

2.

DEFINITIONS
2.1

Action: This pending federal law suit, Standard Fabrics International,

Inc. v. J One Trading, Inc., et al., 2:16-cv-08502-TJH-RAO.
2.2

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

designation of information or items under this Order.
2.3

Confidential and Highly Confidential:
(a)

“CONFIDENTIAL” Information or Items: information

20

(regardless of how it is generated, stored or maintained) or

21

tangible things that qualify for protection under Federal Rule of

22

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

23

Cause Statement.

24

(b)

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

25

Information or Items: CONFIDENTIAL information as defined

26

in paragraph 2.3 above, that contains highly sensitive business

27

or personal information, the disclosure of which is highly likely

28
3

[PROPOSED] PROTECTIVE ORDER

1

to cause significant harm to an individual or to the business or

2

competitive position of the Designating Party.

3
4
5

2.4

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

their support staff).
2.5

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

6

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

7

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

8

ONLY.”

9

2.6

Disclosure or Discovery Material: all items or information, regardless

10

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

11

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

12

or generated in disclosures or responses to discovery in this matter.

13

2.7

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

14

pertinent to the litigation who has been retained by a Party or its counsel to serve

15

as an expert witness or as a consultant in this Action.

16

2.8

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

17

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

18

counsel.

19
20

2.9

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

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

21

2.10 Outside Counsel of Record: attorneys who are not employees of a

22

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

23

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

24

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

25

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

26

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

27

support staffs).

28
4

[PROPOSED] PROTECTIVE ORDER

2.12 Producing Party: a Party or Non-Party that produces Disclosure or

1
2

Discovery Material in this Action.

3

2.13 Professional Vendors: persons or entities that provide litigation

4

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

5

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

6

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

7
8

designated as “CONFIDENTIAL” or “HIGHL CONFIDENTIAL –

9

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

10
11

Material from a Producing Party.

12
13

3.

SCOPE

14

The protections conferred by this Stipulation and Order cover not only

15

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

16

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

17

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

18

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

19
20

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

21
22
23

4.

DURATION
Even after final disposition of this litigation, the confidentiality obligations

24

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

25

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

26

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

27

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

28

exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
5

[PROPOSED] PROTECTIVE ORDER

1

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

2

time pursuant to applicable law.

3
4
5

5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

6

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

7

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

8

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

9

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

10

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

11

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

12

unjustifiably within the ambit of this Order.

13

Mass, indiscriminate, or routinized designations are prohibited. Designations

14

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

15

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

16

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

17

Designating Party to sanctions.

18

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

19

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

20

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

21

5.2

Manner and Timing of Designations. Except as otherwise provided in

22

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

23

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

24

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

25

produced.

26
27
28

Designation in conformity with this Order requires:
(a)

for information in documentary form (e.g., paper or electronic
documents, but excluding transcripts of depositions or other
6

[PROPOSED] PROTECTIVE ORDER

1

pretrial or trial proceedings), that the Producing Party affix at a

2

minimum, the legend “CONFIDENTIAL” or “HIGHLY

3

CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

4

(hereinafter “CONFIDENTIAL” OR “HIGHLY

5

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend), to

6

each page that contains protected material. If only a portion or

7

portions of the material on a page qualifies for protection, the

8

Producing Party also must clearly identify the protected

9

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

10

margins). A Party or Non-Party that makes original documents

11

available for inspection need not designate them for protection

12

until after the inspecting Party has indicated which documents it

13

would like copied and produced. During the inspection and

14

before the designation, all of the material made available for

15

inspection shall be deemed “CONFIDENTIAL.” or “HIGHLY

16

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the

17

inspecting Party has identified the documents it wants copied

18

and produced, the Producing Party must determine which

19

documents, or portions thereof, qualify for protection under this

20

Order. Then, before producing the specified documents, the

21

Producing Party must affix the “CONFIDENTIAL” or

22

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

23

legend to each page that contains Protected Material. If only a

24

portion or portions of the material on a page qualifies for

25

protection, the Producing Party also must clearly identify the

26

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

27

the margins);

28
7

[PROPOSED] PROTECTIVE ORDER

(b)

1

for testimony given in depositions that the Designating Party

2

identify the Disclosure or Discovery Material on the record,

3

before the close of the deposition all protected testimony; and
(c)

4

for information produced in some form other than documentary

5

and for any other tangible items, that the Producing Party affix

6

in a prominent place on the exterior of the container or

7

containers in which the information is stored the legend

8

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

9

ATTORNEYS’ EYES ONLY.” If only a portion or portions of

10

the information warrants protection, the Producing Party, to the

11

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

12

Inadvertent Failures to Designate. If timely corrected, an inadvertent

13

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

14

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

15

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

16

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

17

provisions of this Order.

18
19
20

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

21

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

22

Scheduling Order.

23
24
25

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
6.3

The burden of persuasion in any such challenge proceeding shall be

26

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

27

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

28

parties) may expose the Challenging Party to sanctions. Unless the Designating
8

[PROPOSED] PROTECTIVE ORDER

1

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

2

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

3

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

4

challenge.

5
6
7

7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

8

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

9

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

10

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

11

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

12

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

13

DISPOSITION).

14

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

15

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

16

authorized under this Order.

17

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

18

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

19

Receiving Party may disclose any information or item designated

20

“CONFIDENTIAL” only to:

21

(a)

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

22

as well as employees of said Outside Counsel of Record to

23

whom it is reasonably necessary to disclose the information for

24

this Action;

25

(b)

the officers, directors, and employees (including House

26

Counsel) of the Receiving Party to whom disclosure is

27

reasonably necessary for this Action;

28
9

[PROPOSED] PROTECTIVE ORDER

1

(c)

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

2

whom disclosure is reasonably necessary for this Action and

3

who have signed the “Acknowledgment and Agreement to Be

4

Bound” (Exhibit A);

5

(d)

the court and its personnel;

6

(e)

court reporters and their staff;

7

(f)

professional jury or trial consultants, mock jurors, and

8

Professional Vendors to whom disclosure is reasonably

9

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

10
11

(g)

the author or recipient of a document containing the

12

information or a custodian or other person who otherwise

13

possessed or knew the information;

14

(h)

during their depositions, witnesses ,and attorneys for witnesses,

15

in the Action to whom disclosure is reasonably necessary

16

provided: (1) the deposing party requests that the witness sign

17

the form attached as Exhibit 1 hereto; and (2) they will not be

18

permitted to keep any confidential information unless they sign

19

the “Acknowledgment and Agreement to Be Bound” (Exhibit

20

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

21

by the court. Pages of transcribed deposition testimony or

22

exhibits to depositions that reveal Protected Material may be

23

separately bound by the court reporter and may not be disclosed

24

to anyone except as permitted under this Stipulated Protective

25

Order; and

26

(i)

any mediator or settlement officer, and their supporting

27

personnel, mutually agreed upon by any of the parties engaged

28

in settlement discussions.
10

[PROPOSED] PROTECTIVE ORDER

1

7.3

Disclosure of Information or Items designated “HIGHLY

2

CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Unless otherwise ordered by

3

the court or permitted in writing by the Designating Party, a Receiving Party may

4

disclose any information or item designated “HIGHLY CONFIDENTIAL –

5

ATTORNEYS’ EYES ONLY” only to:

6

(a)

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

7

as well as employees of said Outside Counsel of Record in this

8

Action, as necessary to disclose the information for this Action;

9

(b)

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

10

whom disclosure is reasonably necessary for this Action and

11

who have signed the “Acknowledgment and Agreement to Be

12

Bound” (Exhibit A);

13

(c)

the Court and its personnel;

14

(d)

court reporters and their staff;

15

(e)

professional jury and trial consultants, mock jurors, and

16

Professional Vendors to whom disclosure is reasonably

17

necessary for this Action and who signed the

18

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

19

(f)

the author or recipient of a document containing the

20

information or a custodian or other persona who otherwise

21

possessed or knew the information;

22

(g)

during their depositions, witnesses, and attorneys for the

23

witnesses, in the Action to whom disclosure is reasonably

24

necessary provided: (1) the deposing party requests that the

25

witness sign the form attached as Exhibit A hereto; and (2) they

26

will not be permitted to keep any CONFIDENTIAL

27

information unless they sign the “Acknowledgment and

28

Agreement to Be Bound” (Exhibit A), unless otherwise agreed
11

[PROPOSED] PROTECTIVE ORDER

1

by the Designating Party or ordered by the Court. Pages of

2

transcribed deposition testimony or exhibits to depositions that

3

reveal Protected Material may be separately bound by the court

4

reporter and may not be disclosed to anyone except as permitted

5

under this Stipulated Protective Order; and

6

(h)

any mediator or settlement officer, and their supporting

7

personnel, mutually agreed upon by any of the parties engaged

8

in settlement discussions.

9
10

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

11

PRODUCED IN OTHER LITIGATION

12

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

13

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

14

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

15

ONLY,” that Party must:

16

(a)

shall include a copy of the subpoena or court order;

17
18

promptly notify in writing the Designating Party. Such notification

(b)

promptly notify in writing the party who caused the subpoena or order

19

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

20

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

21

notification shall include a copy of this Stipulated Protective Order;

22

and

23

(c)

cooperate with respect to all reasonable procedures sought to be

24

pursued by the Designating Party whose Protected Material may be

25

affected. If the Designating Party timely seeks a protective order, the

26

Party served with the subpoena or court order shall not produce any

27

information designated in this action as “CONFIDENTIAL” or

28

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before
12

[PROPOSED] PROTECTIVE ORDER

1

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

2

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

3

Designating Party shall bear the burden and expense of seeking

4

protection in that court of its confidential material and nothing in

5

these provisions should be construed as authorizing or encouraging a

6

Receiving Party in this Action to disobey a lawful directive from

7

another court.

8
9

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

10

PRODUCED IN THIS LITIGATION

11

9.1

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

12

Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

13

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

14

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

15

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

16

9.2

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

17

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

18

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

19

confidential information, then the Party shall:

20

(a)

promptly notify in writing the Requesting Party and the Non-

21

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

22

a confidentiality agreement with a Non-Party;

23

(b)

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

24

Protective Order in this Action, the relevant discovery

25

request(s), and a reasonably specific description of the

26

information requested; and

27
28

(c)

make the information requested available for inspection by the
Non-Party, if requested. If the Non-Party fails to seek a
13

[PROPOSED] PROTECTIVE ORDER

1

protective order from this court within 14 days of receiving the

2

notice and accompanying information, the Receiving Party may

3

produce the Non-Party’s confidential information responsive to

4

the discovery request. If the Non-Party timely seeks a protective

5

order, the Receiving Party shall not produce any information in

6

its possession or control that is subject to the confidentiality

7

agreement with the Non-Party before a determination by the

8

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

9

bear the burden and expense of seeking protection in this court
of its Protected Material.

10
11
12

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

A.

22
23

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR

24

OTHERWISE PROTECTED MATERIAL

25

When a Producing Party gives notice to Receiving Parties that certain

26

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

27

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

28

Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
14

[PROPOSED] PROTECTIVE ORDER

1

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

2

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

3

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

4

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

5

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

6

stipulated protective order submitted to the court.

7
8

12.

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

9
10

MISCELLANEOUS

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

11
12

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

13

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

14

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

15

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

16

Order.

17

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

18

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

19

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

20

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

21

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

22

in the public record unless otherwise instructed by the court.

23
24

13.

FINAL DISPOSITION

25

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

26

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

27

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

28

used in this subdivision, “all Protected Material” includes all copies, abstracts,
15

[PROPOSED] PROTECTIVE ORDER

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

copies that contain or constitute Protected Material remain subject to this

14

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

15
16

14.

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

17
18

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

19

sanctions.

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
16

[PROPOSED] PROTECTIVE ORDER

1

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2
3

Dated: August 23, 2017

By:

/s/ Scott A. Burroughs
Scott A. Burroughs, Esq.
Trevor W. Barrett, Esq.
Attorneys for Plaintiff
STANDARD FABRICS
INTERNATIONAL, INC.

Dated: August 23, 2017

By:

/s/ Mindy S. Bae
Francis S. Ryu, Esq.
Mindy S. Bae, Esq.
Attorneys for Defendants
J ONE TRADING, INC. and
ROSS STORES INC.

4
5
6
7
8
9
10
11
12
13

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

14
15
16
17

8/24/2017
Dated: _______________

________________________________________
Hon. Rozella A. Oliver
United States Magistrate Judge

18
19
20
21
22
23
24
25
26
27
28
17

[PROPOSED] PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

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

4

_____________________________ _______________[print or type full address],

5

declare under penalty of perjury that I have read in its entirety and understand the

6

Stipulated Protective Order that was issued by the United States District Court for

7

the Central District of California on _____________ in the case of STANDARD

8

FABRICS INTERNATIONAL, INC. v. J ONE TRADING, INC., et al., Case No.

9

2:16-cv-08502-TJH-RAO. I agree to comply with and to be bound by all the terms

10

of this Stipulated Protective Order and I understand and acknowledge that failure

11

to so comply could expose me to sanctions and punishment in the nature of

12

contempt. I solemnly promise that I will not disclose in any manner any

13

information or item that is subject to this Stipulated Protective Order to any person

14

or entity except in strict compliance with the provisions of this Order.

15

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

16

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

17

of this Stipulated Protective Order, even if such enforcement proceedings occur

18

after termination of this action.

19

I hereby appoint __________________________ [print or type full name] of

20

_____________________________________________ [print or type full address

21

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

22

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

23

Protective Order.

24
25

Dated:

_______________________________

26

Printed name:

_______________________________

27

Signature:

_______________________________

28

City and State where sworn and signed: _________________________________
EXHIBIT A