JKL IP Company LLC et al v. Creative Forces Group, Inc. et al

Filing 108

PROTECTIVE ORDER by Magistrate Judge Suzanne H. Segal re NOTICE of Lodging and Lodging of Stipulated Protective Order 106 . See document for details. (mr)

t
2
3
4

THOMPSON COE & O'MEARA,LLP
Keven Steinber~(SBN 151372)
Pamela Woodside(SBN 226212)
12100 Wilshire Boulevard Suite 1200
Los Angeles California 94025
(
310)954-200 /[phone] Fax
Attorneys for Plaintiffs

5
6

jL_ ist of Counsel Continues on
1Vext Page]

7

UNITED STATES DISTRICT COURT

s

CENTRAL DISTRICT OF CALIFORNIA -WESTERN DIVISION

9

to JKL,IP COMPANY LLC,a Michigan
tt
t2

STIPULATED PROTECTIVE
ORDER

Plaintiffs,

13
14

Case No: CV 16-9065 CBM(SSx)

Limited Company; T'HE LADEN
COMPANY d/b/a BANDIT,a
California corporation and JODI
LADEN,

vS.

Complaint Filed: 05/27/2016
Counter-Claim Filed: 1/30/2017
Trial Date: 2
/19/2019

is CREATIVE FORCES GROUP INC.,
16

is

d/b/a TUMMY AID a California
corporation, PIXIOI~, LLC,a California
Limited Liability Com~pany
XOCHITAL MEDIN~i, an individual;
YASSINE AMALLAL an individual;
ALINA HAVANDIJIA~T, an individual;
JIM MARTINSON,an individual,

l9

Defendants.

20
21

PIXIOR, LLC,a California Limited
Liability Company;
Counter-Claimant,

22
vs.
23
24
25
26
27

THE LADEN COMPANY D/B/A
BANDIT, a California corporation•
LORI LADEN,an individual• JOD~
LADEN,an individual• CAR~VIEN
PULIDO an individual; and ROE 1
through ~0,
Counter-Defendants.

2s
THOMPSON
COE &
O
'MEARA,
LLP

1

C se 2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 5 of 25 Page ID #:

~

MICHAEL J. PERRY ESQ APLC
Michael J. Pe (SBN 23124
2 4640 Admiralty Wa ,Suite 50~
Marina Del Rey,C~90292
3 [phone] /[phone] Fax
4

Attorneys for Defendants/Counter Claimant,
Pixior, LLC and Yassine Amallal

5
6

ADAM S. ROSSMAN,ESQ
Adam S. Rosman(SBN 175x38)
~ 449 S. Beverly Drive, Suite 210
Beverly Hills California 90212
g [phone] /[phone] Fax

9

io

Attorneys for Defendants,
Creative Forces Grou~p Inc. dba Tummy Aid,
Xochital Medina, andAlina Havandijian

~1

KOELLER,NEBEKER
CARLSON & HALUCI~,LLP
~ 2 Robert A Fisher, II Esq.
Gary L. Koffman, ~sq.
~ 3 Tracy Lyn Hu hes, Es
3 Park Ylaza, ~uite 150
Irvine, California 92614
t4
(
949)864-3400 /[phone] Fax
~5
~6

Attorneys for Counter-Defendants
The Caden Companies, Inc., Jodi laden,
and Lori Caden

1 g 1.
t9

A.

PURPOSES AND LIMITATIONS

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

20 proprietary, or private information for which special protection from public
21 disclosure and from use for any purpose other than prosecuting this litigation may
22 be
warranted. Accordingly, the parties hereby stipulate to and petition the Court to
23 enter
the following Stipulated Protective Order. The parties acknowledge that this
24 Order
does not confer blanket protections on all disclosures or responses to
25 discovery
and that the protection it affords from public disclosure and use extends
26 only
to the limited information or items that are entitled to confidential treatment
27 under the applicable legal principles. The parties further acknowledge, as set forth
28
THOMPSON
COE &
'MEARA,
O
LLP

in Section 12.3, below, that this Stipulated Protective Order does not entitle them
2

7

2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 6 of 25 Page ID #:1

to file confidential information under seal; Civil Local Rule 79-5 sets forth the
2

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

3

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

4

B
.

5

This action involves trade secrets, proprietary information, customer and

6

GOOD CAUSE STATEMENT

pricing lists, manufacturing, design and distribution information and other valuable
research, development, commercial, financial, technical and/or proprietary

s information for which special protection from public disclosure and from use for
9

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

to and proprietary materials and information consist of, among other things,
t1

confidential business or financial information, such as pricing for services and

t2

products, bank statements, employee handbooks, customer and client information

13

payroll records, purchase orders, invoices, or other confidential research,

14

development, or commercial information (including information implicating

15

privacy rights of third parties), information otherwise generally unavailable to the

16

public, or which may be privileged or otherwise protected from disclosure under

~~

state or federal statutes, court rules, case decisions, or common law.

18

Accordingly, to expedite the flow of information, to facilitate the prompt

19

resolution of disputes over confidentiality of discovery materials, to adequately

20 protect information the parties are entitled to keep confidential, to ensure that the
2t

parties are permitted reasonable necessary uses of information, to facilitate the

22

prompt resolution of disputes over confidentiality of discovery materials, to

23

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

24

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

25

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

2
6

the litigation, and serve the ends ofjustice, a protective order for such information

27

is justified in this matter. It is the intent ofthe parties that information will not be

28

designated as confidential for tactical reasons and that nothing be so designated

THOMPSON
COE &
O
'MEARA,
LLP

~
?

C se 2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 7 of 25 Page ID #:1

1

without a good faith beliefthat it has been maintained in a confidential, non-public

2

manner, and there is good cause why it should not be part of the public record of

3

this case.

4

2.

DEFINITIONS

5

2.1

Action: This pending federal law suit.

6

2.2

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

~
g

designation of information or items under this Order.
2.3

"CONFIDENTIAL" Information or Items: information (regardless of

9

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

~~

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

>>

the Good Cause Statement.

~2

2.4

"HIGHLY CONFIDENTIAL —ATTORNEYS'EYES ONLY"

13

Information or Items: Highly sensitive "CONFIDENTIAL Information or Items,"

~4

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

15

serious competitive or business harm.

t6
~~
18

2.5

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

their support staff.
2.6

Desi~t~n~Party: a Party or Non-Party that designates information or
na

~ 9 items that it produces in disclosures or in responses to discovery as
20 "CONFIDENTIAL."
21

2.7

Disclosure or Discovery Material: all items or information, regardless

22

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

23

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

24

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

25

2.8

Ex ert: a person with specialized knowledge or experience in a matter

26

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

27

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

2s
THOMPSON
COE &
'MEARA,
O
LLP

4

Case 2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 8 of 25 Page ID #:1

i

2.9

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

2

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

3

counsel.

4
5

2.10 Non-Party: any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this action.

6

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

~

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

g

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

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

2.12 etP

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

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

12 support staffs).
~3
t4

2.13 Producin~arty: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

~5

2.14 Professional Vendors: persons or entities that provide litigation

t6

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

17

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

~g

and their employees and subcontractors.

~9

2.15 Protected Material: any Disclosure or Discovery Material that is

20

designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL —

21

ATTORNEYS' EYES ONLY."

22
23

2.16 Receivin~Part_v: a Party that receives Disclosure or Discovery
Material from a Producing Party.

24 3.

SCOPE

25

The protections conferred by this Stipulation and Order cover not only

26

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

27

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

2s
THOMPSON
COE &
'MEARA,
O
LLP

5

2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 9 of 25 Page ID #:151

1

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

2

presentations by Parties or their Counsel that might reveal Protected Material.

3

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

4

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

s 4
.

DURATION

6

Even after final disposition of this litigation, the confidentiality obligations
imposed by this Order shall remain in effect until a Designating Pariy agrees

8

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

9

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

~o with or without prejudice; and (2)final judgment herein after the completion and
11

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

12

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

13

time pursuant to applicable law.

14

5
.

15
16

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Desi~n

~ Material for Protection.

Each Party or Non-Party that designates information or items for protection under
this Order must take care to limit any such designation to specific material that

18

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

19

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

20 communications that qualify so that other portions ofthe material, documents,
21

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

22

unjustifiably within the ambit of this Order.

23

Mass, indiscriminate, or routinized designations are prohibited. Designations

24

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

25

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

2
6

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

27

Designating Party to sanctions.

28
THOMPSON
COE &
O
'MEARA,
LLP

~e 2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 10 of 25 Page ID #: 252

If it comes to a Designating Party's attention that information or items that it
2

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

3

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

4

5.2

Manner and Timing of Desi nations. Except as otherwise provided in

5

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

6

stipulated or ordered, Disclosure or Discovery Material that qualifies for protecti~
under this Order must be clearly so designated before the material is disclosed or

s produced.
9

to

Designation in conformity with this Order requires:
(
a)

for information in documentary form (e.g., paper or electronic

~t

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

12

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

13

"
CONFIDENTIAL"(hereinafter "CONFIDENTIAL legend") or "HIGHLY

14

CONFIDENTIAL —ATTORNEYS'EYES ONLY"(hereinafter "HIGHLY

is

CONFIDENTIAL legend"), to each page that contains protected material. If only a

16

portion or portions ofthe material on a page qualifies for protection, the Producing

17

Party also must clearly identify the protected portions)(e.g., by making

18

appropriate markings in the margins).

19

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

2
0

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

2t

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

22

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

23

deemed "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" as the case may be.

2
4

After the inspecting Party has identified the documents it wants copied and

25

produced, the Producing Party must determine which documents, or portions

2
6

thereof, qualify for protection under this Order. Then, before producing the

27

specified documents, the Producing Party must affix the "CONFIDENTIAL

2g legend" or the "HIGHLY CONFIDENTIAL legend" to each page that contains
THOMPSON
COE &
O
'MEARA,
LLP

7

C~~e 2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 11 of 25 Page ID #: 253

Protected Material. If only a portion or portions of the material on a page qualifies
f protection, the Producing Party also must clearly identify the protected
or
portions)(e.g., by making appropriate markings in the margins).
(
b)

for testimony given in depositions that the Designating Pariy identify

on the record before the close ofthe deposition all protected testimony.
Alternatively, a Designating Party may designate a deposition transcript or any
portion of a transcript as protected testimony within 30 days after receipt of the
f
inal transcript from the court reporter, by sending to Outside Counsel for each
Party a written notice identifying the transcript or a portion thereof(by pages and
10

line numbers)that contain Protected Material and requesting that the transcript be
marked as described in the next paragraph.

12

Transcripts containing Protected Material shall have an obvious legend on

l3

the title page that the transcript contains Protected Material, and the title page shall

14

be followed by a list of all pages and line numbers that have been designated as

is

Protected Material and the level of protection being asserted by the Designating

16

Party. Such legend and list shall be applied by the court reporter for designations
that occur on the record of the deposition, and the Designating Party shall inform

18 ' the court reporter of these requirements. In the event that the transcript or a
19

portion thereof is designated as "CONFIDENTIAL" or "HIGHLY

20 CONFIDENTIAL — ATTORNEY'S EYES ONLY" after preparation ofthe final
21

transcript, the legend shall be applied by any recipient ofthe written notice

22

described in the preceding paragraph, and (in the case of designations of less than

23

the entire transcript) the Designating Party shall provide a list of the designated

24

pages and lines, which the recipient shall affix or append to any copies ofthe

25

deposition in its possession (including electronic copies). If it so chooses, the

2
6

recipient of such written notice may comply with the requirements of this

27

paragraph by affixing the Designating Party's complete written notice, including

28

the list of designated pages and lines, to the cover of each transcript.

THOMPSON
COE &
'MEARA,
O
LLP

C~~e 2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 12 of 25 Page ID #: 254

1

Prior to the expiration ofthe 30-day period for designation, all deposition

2

testimony shall be treated as if it had been designated "HIGHLY

3

CONFIDENTIAL —ATTORNEYS'EYES ONLY," unless otherwise agreed.

4

After the expiration of that period, the transcript shall be treated only as actually

s designated.
6

Any Party may challenge a proposed designation oftestimony given in a

7

deposition as Protected Material. Upon such challenge, the parties shall follow the

8

procedures described in section 6("CHALLENGING CONFIDENTIALITY

9

DESIGNATIONS"). Until such challenge is resolved, the designated transcripts

10

portions of transcripts shall be treated as "CONFIDENTIAL" or "HIGHLY

tt

CONFIDENTIAL —ATTORNEYS'EYES ONLY," as appropriate.

t2

(
c)

for information produced in some form other than documentary and

13

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

14

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

15

legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL". If only a portion or

16

portions ofthe information warrants protection, the Producing Party, to the extent

1~

practicable, shall identify the protected portion(s).

~s
19

5.3

Inadvertent Failures to Desi nate. If timely corrected, an inadvertent

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

20 the Designating Party's right to secure protection under this Order for such
21

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

22

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

23

provisions ofthis Order.

24

6
.

25

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

2
6

designation of confidentiality at any time. Unless a prompt challenge to a

27

Designating Party's confidentiality designation is necessary to avoid foreseeable,

2s substantial unfairness, unnecessary economic burdens, or a significant disruption
THOMPSON
WE&
'MEARA,
O
LLP

9

~e 2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 13 of 25 Page ID #: 255

or delay of the litigation, a Party does not waive its right to challenge a
2 confidentiality designation by electing not to mount a challenge promptly after the
3
4

original designation is disclosed.
6
.2

Meet and Confer: The Challenging Party shall initiate the dispute

5

resolution process by providing written notice to the Producing Party of each

6

designation it is challenging and describing the basis for each challenge. To avoid
ambiguity as to whether a challenge has been made, the written notice must recite

s that the challenge to confidentiality is being made in accordance with this specific
9

paragraph ofthe Protective Order. The parties shall attempt to resolve each

10

challenge in good faith and must begin the process by conferring directly, either in

11

person, via video conferencing service (such as Skype), email, or by telephone,

12

within 7 days of the date of service of notice. In conferring, the Challenging Party

13

must explain the basis for its belief that the confidentiality designation was not

14

proper and must give the Designating Party an opportunity to review the

is

designated material, to reconsider the circumstances, and, if no change in

16

designation is offered, to explain the basis for the chosen designation. A
Challenging Party may proceed to the next stage of the challenge process only if it

is

has engaged in this meet and confer process first or establishes that the Designating

19

Party is unwilling to participate in the meet and confer process in a timely manner.

20

6.3

Judicial Intervention: If the Parties cannot resolve a challenge withou

2t

court intervention, the Parties must meet and confer in person, if not already done,

22

to try to resolve the dispute. Either Party may demand such a meeting with 7

23

days' notice. The meeting shall be held in the office of demanding party.

24

Ifthe Parties do not resolve their disagreements through this

25

procedure, the Parties must file a joint letter brief no later than five days after the

26

Parties' in-person meet-and-confer. The letter brief must be filed under the Civil

27

Events category of"Motions and Related Filings > Motions —General > Discovery

28

Letter Brief." The joint letter may be no more than five pages(12-point font or
10

THOMPSON
COE &
O
'MEARA,
LLP

2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 14 of 25 Page ID #:7256

1

~ greater, margins no less than one inch) without leave of the court. The Parties

2

must sign the letter and attest that they met and conferred in person. Each issue

3

must be set forth in a separate section that includes(1)a statement ofthe

4

unresolved issue,(2)a summary of each Parties' position (with citations to

5

supporting facts and legal authority), and (3)each Party's final proposed

6 I

compromise.

7

If the disagreement concerns specific discovery that a Party has

s propounded, the Parties must reproduce the question/request and the response in
9

full either in the letter or, if the page limits in the letter are not sufficient, in a

10

single joint exhibit. The court will then review the letter brief and determine

11

whether formal briefing or future proceedings are necessary. In emergencies

~2

during discovery events such as depositions, the Parties may contact the court

13

through the court's courtroom deputy, but the Parties first must send a short joint

14

email describing the nature ofthe dispute to [e-mail]

is

All Parties shall continue to afford the material in question the level of

16

protection to which it is entitled under the Producing Party's designation until the

17

court rules on the challenge.

18

7
.

19

ACCESS TO AND USE OF PROTECTED MATERIAL
7
.1

Basic Principles. A Receiving Party may use Protected Material that

2
0

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

2t

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

22

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

23

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

24

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

25

DISPOSITION).

2
6
27

Protected Material must be stored and maintained by a Receiving Party at a
location and in a secure manner that ensures that access is limited to the persons

2s authorized under this Order.
11
THOMPSON
COE &
O
'MEARA,
LLP

2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 15 of 25 Page ID #:1257

1

7.2

Disclosure of"CONFIDENTIAL" Information or Items Unless
.

2

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

3

Receiving Party may disclose any information or item designated

4

"
CONFIDENTIAL" only to:

5

(
a)

6

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

as well as employees of said Outside Counsel of Record to whom it is reasonably
necessary to disclose the information for this Action;

8

(
b)

the officers, directors, and employees (including House

9

Counsel) of the Receiving Party to whom disclosure is reasonably necessary for

~o

this Action;

tt
12
13

(c)

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

whom disclosure is reasonably necessary for this Action and who have signed the
"
Acknowledgment and Agreement to Be Bound"(Exhibit A);

14

(
d)

the court and its personnel;

15

(
e)

court reporters and their staff;

16

(
~

professional jury or trial consultants, mock jurors, and

t~

Professional Vendors to whom disclosure is reasonably necessary for this Action

~g

and who have signed the "Acknowledgment and Agreement to Be Bound"(Eachibi

19

A);

2
0

(g)

the author or recipient of a document containing the

21

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

2
2

information;

23

(h)

during their depositions, witnesses ,and attorneys for witnesses,

4
2

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

25

deposing party requests that the witness sign the form attached as Exhibit 1 hereto;

2
6

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

27

sign the "Acknowledgment and Agreement to Be Bound"(Exhibit A), unless

28

otherwise agreed by the Designating Party or ordered by the court. Pages of
12

THOMPSON
COE &
O
'MEARA,
LLP

C

2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 16 of 25 Page ID #: 258

transcribed deposition testimony or exhibits to depositions that reveal Protected
2

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

3

to anyone except as permitted under this Stipulated Protective Order; and

4

(
i)

any mediator or settlement officer, and their supporting

5

personnel, mutually agreed upon by any of the parties engaged in settlement

6

discussions.
7
.3

Disclosure of"HIGHLY CONFIDENTIAL —ATTORNEYS'EYES

s ONLY"Information or Items: Unless otherwise ordered by the court or permitted
9

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

to information or item designated "HIGHLY CONFIDENTIAL —ATTORNEYS'
it

EYES ONLY" only to:

t2

7.3.1 The Receiving Party's Outside Counsel in this action, as well as

13

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

14

the information for this litigation and who have signed the "Declaration of

is ~ Compliance" that is attached hereto as Exhibit A;
16

7
.3.2 Experts of the Receiving Party to whom disclosure is

17

reasonably necessary for this litigation and who have signed the "Declaration of

t8

Compliance" that is attached hereto as Exhibit A;

19

7
.3.3 The court and its personnel;

20

7
.3.4 Court reporters and their staff, professional jury or trial

2t

consultants, and Professional Vendors to whom disclosure is reasonably necessary

22

f this litigation and who have signed the "Declaration of Compliance" that is
or

23

attached hereto as Exhibit A; and

24

7
.3.5 The author or any recipient of a document containing the

25

Protected Material or a custodian or other person who otherwise possessed or

26

that material.

27

/
//

28

13
THOMPSON
COE &
O
'MEARA,
LLP

~e 2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 17 of 25 Page ID #:~259

1

8
.

2

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION

3

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

4

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

5 "
CONFIDENTIAL" or "HIGHLY CONFIDENTIAL —ATTORNEYS'EYES
6 ~ ONLY "that Party must:
7

8

(
a)

promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order;

9

(
b)

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

to to issue in the other litigation that some or all ofthe material covered by the
subpoena or order is subject to this Protective Order. Such notification shall
12

include a copy of this Stipulated Protective Order; and

13

(
c)

cooperate with respect to all reasonable procedures sought to be

14

pursued by the Designating Party whose Protected Material may be affected.

15

Ifthe Designating Party timely seeks a protective order, the Party served with the

16

subpoena or court order shall not produce any information designated in this action
as "CONFIDENTIAL""HIGHLY CONFIDENTIAL —ATTORNEYS'EYES

~8

ONLY" before a determination by the court from which the subpoena or order

19

issued, unless the Party has obtained the Designating Party's permission. The

20 Designating Party shall bear the burden and expense of seeking protection in that
2t

court of its confidential material and nothing in these provisions should be

22

construed as authorizing or encouraging a Receiving Party in this Action to

23

disobey a lawful directive from another court.

24

9
.

25
2
6

ANON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(
a)

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

27

Non-Party in this Action and designated as "CONFIDENTIAL""HIGHLY

28

CONFIDENTIAL —ATTORNEYS'EYES ONLY". Such information produced
14

THOMPSON
COE &
'MEARA,
O
LLP

C

e 2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 18 of 25 Page ID #:7 ~.~

1

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

2 relief provided by this Order. Nothing in these provisions should be construed as
3 prohibiting allon-Party from seeking additional protections.
4
5

(b)

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

produce allon-Party's confidential information in its possession, and the Party is

6 subject to an agreement with the Non-Party not to produce the Non-Party's
~

confidential information, then the Party shall:

g

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

9 that some or all ofthe information requested is subject to a confidentiality
~~

agreement with allon-Party

11

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

~ 2 Protective Order in this Action, the relevant discovery request(s), and a reasonably
~ 3 specific description ofthe information requested; and
t4
(3) make the information requested available for inspection by the
15

Non-Party, if requested.
(c)

~6
I~

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

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

~ 8 Party may produce the Non-Party's confidential information responsive to the
19 discovery request. If the Non-Party timely seeks a protective order, the Receiving
20 Party shall not produce any information in its possession or control that is subject
21

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

22 court. Absent a court order to the contrary, the Non-Party shall bear the burden and
23 expense ofseeking protection in this court of its Protected Material.
24
25

10.

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

26 disclosed Protected Material to any person or in any circumstance not authorized
27 under this Stipulated Protective Order, the Receiving Party must immediately (a)
28
THOMPSON
COE &
'MEARA,
O
LLP

notify in writing the Designating Party ofthe unauthorized disclosures,(b)use its
15

C e 2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 19 of 25 Page ID #: 261

1

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

2 the person or persons to whom unauthorized disclosures were made of all the terms
3

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

4 "Acknowledgment and Agreement to Be Bound" that is attached hereto as Exhibit
5 «A~~
6
~

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL

g

When a Producing Party gives notice to Receiving Parties that certain

9

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

to

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

t1

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

12

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

13

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

~4

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

~5

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

~6

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

l~

stipulated protective order submitted to the court.

~g

12.

19
2
0
21

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

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

22 Protective Order no Party waives any right it otherwise would have to object to
23

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

24 this Stipulated Protective Order. Similarly, no Pariy waives any right to object on
25

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

26

Order.

27

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

28

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

THOMPSON
COE &
'MEARA,
O
LLP

t

2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 20 of 25 Page ID #:7262

1

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

2

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

3

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

4

in the public record unless otherwise instructed by the court.

5

13.

6

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

6 days of a written request by the Designating Party, each Receiving Party must
0

s return all Protected Material to the Producing Party or destroy such material. As
9

used in this subdivision,"all Protected Material" includes all copies, abstracts,

to compilations, summaries, and any other format reproducing or capturing any ofthe
Il

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

~2 Receiving Party must submit a written certification to the Producing Party (and, if
13
14

15

not the same person or entity, to the Designating Party) by the 60 day deadline that
( identifies(by category, where appropriate) all the Protected Material that was
1)
returned or destroyed and(2)affirms that the Receiving Party has not retained any

~6 copies, abstracts, compilations, summaries or any other format reproducing or
17

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

~s are entitled to retain an archival copy of all pleadings, motion papers, trial,
19

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

20 and trial exhibits, expert reports, attorney work product, and consultant and expert
21

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

22

copies that contain or constitute Protected Material remain subject to this

23

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

2
4

14.

Any violation ofthis Order may be punished by any and all

25

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

26

monetary sanctions.

27

//
/

28

/
//

THOMPSON
WE&
'MEARA,
O
LLP

17

C~

2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 21 of 25 Page ID #: 263

1 ~ IT IS SO STIPULATED,THROUGH COUNSEL OF RECORD.
2
3

THOMPSON COE & O'MEARA,LLP

4
5

~ DATED: August 18, 2017

By:

6

s
9

to

/s/Keven Steinber
Keven Steinberg, Esq.
Pamela E. Woodside, Esq.
Attorney for Plaintiffs,
JKL IP Company, LLC, a Michigan
limited liability company; The Caden
Company dba Bandit, a California
corporation and Jodi Caden

ii
MICHAEL J. PERRY,ESQ. APLC

]2
13
14

~ DATED: August 18, 2017

By:

is
16

t~
18

/s/Michael J. Per
Michael J. Perry, Esq.
Attorney for Defendants,
Pixior, LLC, a California Limited
Liability Company and Yassine
Amallal, an individual and CounterClaimant, Pixior, LLC, a California
Limited Liability Company

19
2
0

ADAM ROSSMAN,ESQ.
2t
22

DATED: August 18, 2017
23
24
25
2
6
27

By: /s/Adam Rossman
Adam Rossman, Esq.
Attorney for Defendants,
Creative Forces Group, INC., dba
Tummy Aid, a California corporation,
Xochital Medina, an individual; and
Alina Havandijian, an individual

28

18
THOMPSON
COE &
'MEARA,
O
LLP

C~

2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 22 of 25 Page ID #:7264

1

KOELLER~NEBEKER~CARLSON
HALUCK,LLP

2
3
4

~ DATED: August 18, 2017

By:

s
6

s

/s/Trac Hu hes
Robert Fisher, Esq.
Tracy Hughes, Esq.
Attorney for Counter-Defendants,
The Caden Company dba Bandit, a
California corporation, Lori Caden, a
individual and Jodi Caden, an
individual

9
]
0

tt

FOR GOOD CAUSE SHOWN,IT IS SO ORDERED.

t2
13

DATED:

~~

14
l5

~.

16

Un'
t~

States Distri

agistrate Judge

is
19
2
0
21
22
23
24
25
2
6
27
28
THOMPSON
COE &
O
'MEARA,
LLP

19

C~~e 2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 23 of 25 Page ID #: 265

1

~vulDim w

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I,

4

[print or type full name],

s

of

6

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

[print or type full address], declare under

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

s Central District of California on
9

10
tl
t2

in the case ofJKL, etc. v.

Tummy Aid, etc., CV 2:16-cv-09065-CBM-SS. I agree to comply with and to be
bound by all the terms of this Stipulated Protective Order and I understand and
acknowledge that failure to so comply could expose me to sanctions and
punishment in the nature of contempt. I solemnly promise that I will not disclose
in any manner any information or item that is subject to this Stipulated Protective

13

Order to any person or entity except in strict compliance with the provision of this
14

Order.

15
16

I further agree to submit to the jurisdiction of the United States District
Court for the Central District of California for the purpose of enforcing the terms
of this Stipulated Protective Order, even if such enforcement proceedings occur

~s

after the termination of this action. I hereby appoint

19

[
print or type full name] of

20

[
print or type full address and telephone

21

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

22

action or any proceedings related to enforcement of this Stipulated Protective

23

Order.

24

Date:
25

City and State where sworn and signed:
2
6

Printed name:
27

Signature:

2s
TNOMPSON
COE &
O
'MEARA,
LLP

20

C.

2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 24 of 25 Page ID #:1266

PROOF OF SERVICE
By Electronic Filing and Service Pursuant to Lora!Rule 5-3.2
2

4

I am employed in the C ounty of Los Angeles, State of California. I am over the ale of 18 and
not. a party to this action.. My business address is 12100 Wilshire Boulevard, Suite 1200, Los Angeles,
California 90025.

I hereby certify that on August 18,2017, a copy of the following document NOTICE OF
.LODGING AND LODGING OFSTIPULATED PROTECTIVE ORDER, was filed electronically in
6 the action JKL IP Company, LLC, et. al. vs. Creative Forces Group, Inc.,
et. al. (Case Na. 16-cv09065-CBNI-SS)and served nn the parties as follows:
7
8

**SF..,F ATTACHED SERVICE LIST**

9 [XJ
l0
11

[
X]

12
13
I4 [ ]
15
16
17
1~

Notice of this filing wi.Il he sent to the parties indicated on the attached Service List by operation
ofthe Court's electronic filing system. Parties may access this filing through the Court's system.
As indicated on the attached Service List, by Electronic Filing and Service Pursuant to
Local Rule 5-3.2: I caused the documents)listed above t~ be served on all parties indicated
the attached Service I.,ist via the Court's Electronic Filing System, which constitutes service
pursuant to Loctal Rule 5-3.2 of the above-eniitled Court
BY MAIL — I deposited such envelopes) with postage thereon fully prepaid in the United States
mail at a facility regularly maintained by the United States Postal Service at I.,os Angeles,
California. Tam readily familiar with the frtn's practice of collecting and.processing
correspondence for mailing. Under the practice it would be deposited. with the United States
Postal Service on that same day with postage thereon fu11y prepaid at Los Angeles,. California in
the ordinaxy course of business. I am aware that on motion ofth.e party served, service is
presumed invalid if postal cancellation date or postage meter date i.s more than one day after date
of deposit for mailing, pursuant to this affidavit.

19
[ ]
2
0
21
22 [ ]
23
2
4
25

BY OVERNIGHT COURIER — I caused the documents)listed above to be delivered in a
sealed envelope with shipping prepaid, and depositing in a collection box far next day delivery
via FEDERAL EXPRESS to the persons)at the addresses) set forth below.
BY ELECTRONIC SERVICE —Based.on a curt order or an agreemenk ofthe parties to
accept service by electronic transmission, I caused the documents)lis#ed above to be sent to the
persons) at the notification addresses) set for below.

I declare under penalty of perjury, under the laws of the State of California, that the above is true
and. correct. Executed an August 1S,20.17,in Los Angeles, California.

2
6
27
CONZALEZ
28
T
II6MPSON,
COE &
n
'M6ARA,

ia.r

Cie 2:16-cv-09065-CBM-SS Document 106 Filed 08/18/17 Page 25 of 25 Page ID #:1267 ~

SEKVICE LIST

1

J IP Co~npan~l, LLC, et. al. vs. Creative Forces Group, Inc., el: al.
KL
Case No.: 16-CV-09065-SBM-SS /Our Matter No.: 50163.002

2
3

Robert A. Fisher, II, Esq.
Gary L. Hoffman, Esy.
Tracy ~,yn Hughes, Esq.
KOELLER,NEBEKER,
CARLSON & HALUCK,LLP
3 Park Plaza Suite 1500
;
Irvine, California 9261.4
(
949)864-3400/[phone].Fax
E-mail: Robert.fisher(cr7,lcnchlaw.com
~maiL• Sofia.alvaradoia~knchlaw.com
E-mail: Tracv.hu hes ,knchlaw.com

4
5
6
7
8
9
10

Attorneys for Counter-Defendants,
The Caden Companies,Inc.; Jodi Caden
and Lori Cadent

11

Michael J. Percy, Esq.
LAV17 OFFICES OF MICHAEL J. PERRY
12 4
640 Admiralty Way, Suite 500
Marina del Rey, Califarni.a 90282
13 (
310)496-5710 /[phone] Fax
E-rnaiL• Mjp(a~micl~aeljperrvlaw.coan
14

Attorney for Defendants,
Pixior, LLC anr! YassineAmallal and
Counter-Claimants,Pixior

15

Attorney far Defendants,
C
reative Forces Group,Inc., Alina
H
avandjian;Xoehitl Medina

Adam Steven Rossman,Fsq.
LAW OFFICES OF ADAM S. ROSSMAN
lh
4 S. Beverly Drive, Suite 2l0
49
Beverly Hills, California 9021.2
17
(
3I0)592.-4837 /(3l0)623-1941 Fax
18 E-mail: adamrossn1an66(a,gmail.com
14
2
0
21
2
2
2
3
I
24
2
5
2b
27
2
8
THQMPSON, i
COB
O
'MKAi2A.
LLP