Standard Fabrics International, Inc. v. Project 28 Clothing, LLC et al

Filing 57

PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order 55 (sbu)

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1 cott P. Shaw, Bar No. 223592 SShaw@Calljensen.com 2 Samuel G. Brooks, Bar No. 272107 3 SBrooks@Calljensen.com CALL & JENSEN 4 A Professional Corporation 610 Newport Center Drive, Suite 700 5 Newport Beach, CA 92660 6 Tel: (949) 717-3000 Fax: (949) 717-3100 7 Attorneys for Defendants Project 28 Clothing, LLC, 8 Iconix Brand Group, Inc., Kmart Corp., and Ikeddi Enterprises, Inc. 9 10 UNITED STATES DISTRICT COURT 11 12 CENTRAL DISTRICT OF CALIFORNIA 13 STANDARD FABRICS 14 INTERNATIONAL, INC., a California Corporation, 15 Plaintiff, 16 vs. 17 Case No. 16-CV-09440-AB-RAO STIPULATED PROTECTIVE ORDER1 18 PROJECT 28 CLOTHING, LLC, a New York Limited Liability Company; ICONIX 19 BRAND GROUP, INC., a Delaware 20 Corporation, individually and doings business as “JOE BOXER”; KMART 21 CORPORATION, a Michigan Corporation; IKEDDI ENTERPRISES, INC., a New 22 York Corporation; IN VOGUE STUDIOS LTD., a New York Corporation; and DOES 23 1-10, 24 Defendants. 25 Complaint Filed: December 21, 2016 Trial Date: April 17, 2018 26 27 28 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Rozella A. Oliver’s Procedures. PRO14-06:Protective Order.docx:11-14-17 -1STIPULATED PROTECTIVE ORDER 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 6 Stipulated Protective Order. The parties acknowledge that this Order does not confer 7 blanket protections on all disclosures or responses to discovery and that the protection it 8 affords from public disclosure and use extends only to the limited information or items 9 that are entitled to confidential treatment under the applicable legal principles. 10 B. GOOD CAUSE STATEMENT 11 This action is likely to involve trade secrets, customer and pricing lists and other 12 valuable research, development, commercial, financial, technical and/or proprietary 13 information for which special protection from public disclosure and from use for any 14 purpose other than prosecution of this action is warranted. Such confidential and 15 proprietary materials and information consist of, among other things, confidential 16 business or financial information, information regarding confidential business practices, 17 or other confidential research, development, or commercial information (including 18 information implicating privacy rights of third parties), information otherwise generally 19 unavailable to the public, or which may be privileged or otherwise protected from 20 disclosure under state or federal statutes, court rules, case decisions, or common law. 21 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 22 disputes over confidentiality of discovery materials, to adequately protect information 23 the parties are entitled to keep confidential, to ensure that the parties are permitted 24 reasonable necessary uses of such material in preparation for and in the conduct of trial, 25 to address their handling at the end of the litigation, and serve the ends of justice, a 26 protective order for such information is justified in this matter. It is the intent of the 27 parties that information will not be designated as confidential for tactical reasons and 28 that nothing be so designated without a good faith belief that it has been maintained in a PRO14-06:Protective Order.docx:11-14-17 -2STIPULATED PROTECTIVE ORDER 1 confidential, non-public manner, and there is good cause why it should not be part of 2 the public record of this case. 3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 4 The parties further acknowledge, as set forth in Section 12.3, below, that this 5 Stipulated Protective Order does not entitle them to file confidential information under 6 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 7 standards that will be applied when a party seeks permission from the court to file 8 material under seal. 9 There is a strong presumption that the public has a right of access to judicial 10 proceedings and records in civil cases. In connection with non-dispositive motions, 11 good cause must be shown to support a filing under seal. See Kamakana v. City and 12 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 13 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 14 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 15 cause showing), and a specific showing of good cause or compelling reasons with 16 proper evidentiary support and legal justification, must be made with respect to 17 Protected Material that a party seeks to file under seal. The parties’ mere designation of 18 Disclosure or Discovery Material as CONFIDENTIAL does not— without the 19 submission of competent evidence by declaration, establishing that the material sought 20 to be filed under seal qualifies as confidential, privileged, or otherwise protectable— 21 constitute good cause. 22 Further, if a party requests sealing related to a dispositive motion or trial, then 23 compelling reasons, not only good cause, for the sealing must be shown, and the relief 24 sought shall be narrowly tailored to serve the specific interest to be protected. See 25 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 26 or type of information, document, or thing sought to be filed or introduced under seal in 27 connection with a dispositive motion or trial, the party seeking protection must 28 articulate compelling reasons, supported by specific facts and legal justification, for the PRO14-06:Protective Order.docx:11-14-17 -3STIPULATED PROTECTIVE ORDER 1 requested sealing order. Again, competent evidence supporting the application to file 2 documents under seal must be provided by declaration. 3 Any document that is not confidential, privileged, or otherwise protectable in its 4 entirety will not be filed under seal if the confidential portions can be redacted. If 5 documents can be redacted, then a redacted version for public viewing, omitting only 6 the confidential, privileged, or otherwise protectable portions of the document, shall be 7 filed. Any application that seeks to file documents under seal in their entirety should 8 include an explanation of why redaction is not feasible. 9 2. DEFINITIONS 10 2.1 Action: this pending federal lawsuit. 11 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 12 information or items under this Order. 13 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it 14 is generated, stored or maintained) or tangible things that qualify for protection under 15 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 16 Statement. 17 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 18 support staff). 19 2.5 Designating Party: a Party or Non-Party that designates information or items 20 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 21 2.6 Disclosure or Discovery Material: all items or information, regardless of the 22 medium or manner in which it is generated, stored, or maintained (including, among 23 other things, testimony, transcripts, and tangible things), that are produced or generated 24 in disclosures or responses to discovery in this matter. 25 2.7 Expert: 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 as an 27 expert witness or as a consultant in this Action. 28 PRO14-06:Protective Order.docx:11-14-17 -4STIPULATED PROTECTIVE ORDER 1 2.8 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” Information 2 or Items: extremely sensitive “CONFIDENTIAL” Information or Items, the disclosure 3 of which to another Party or Non-Party would create a substantial risk of serious harm 4 that could not be avoided by less restrictive means. 5 2.9 House Counsel: attorneys who are employees of a party to this Action. House 6 Counsel does not include Outside Counsel of Record or any other outside counsel. 7 2.10 Non-Party: any natural person, partnership, corporation, association or other 8 legal entity not named as a Party to this action. 9 2.11 Outside Counsel of Record: attorneys who are not employees of a party to 10 this Action but are retained to represent or advise a party to this Action and have 11 appeared in this Action on behalf of that party or are affiliated with a law firm that has 12 appeared on behalf of that party, and includes support staff. 13 2.12 Party: any party to this Action, including all of its officers, directors, 14 employees, consultants, retained experts, and Outside Counsel of Record (and their 15 support staffs). 16 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 17 Discovery Material in this Action. 18 2.14 Professional Vendors: persons or entities that provide litigation support 19 services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 21 their employees and subcontractors. 22 2.15 Protected Material: any Disclosure or Discovery Material that is designated 23 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 24 ONLY.” 25 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 26 from a Producing Party. 27 28 PRO14-06:Protective Order.docx:11-14-17 -5STIPULATED PROTECTIVE ORDER 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only Protected 3 Material (as defined above), but also (1) any information copied or extracted from 4 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 5 Material; and (3) any testimony, conversations, or presentations by Parties or their 6 Counsel that might reveal Protected Material. Any use of Protected Material at trial 7 shall be governed by the orders of the trial judge. This Order does not govern the use of 8 Protected Material at trial. 9 4. 10 DURATION Once a case proceeds to trial, information that was designated as 11 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as 12 an exhibit at trial becomes public and will be presumptively available to all members of 13 the public, including the press, unless compelling reasons supported by specific factual 14 findings to proceed otherwise are made to the trial judge in advance of the trial. See 15 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 16 documents produced in discovery from “compelling reasons” standard when merits17 related documents are part of court record). Accordingly, the terms of this protective 18 order do not extend beyond the commencement of the trial. 19 5. DESIGNATING PROTECTED MATERIAL 20 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 21 Party or Non-Party that designates information or items for protection under this Order 22 must take care to limit any such designation to specific material that qualifies under the 23 appropriate standards. The Designating Party must designate for protection only those 24 parts of material, documents, items or oral or written communications that qualify so 25 that other portions of the material, documents, items or communications for which 26 protection is not warranted are not swept unjustifiably within the ambit of this Order. 27 Mass, indiscriminate or routinized designations are prohibited. Designations that 28 are shown to be clearly unjustified or that have been made for an improper purpose PRO14-06:Protective Order.docx:11-14-17 -6STIPULATED PROTECTIVE ORDER 1 (e.g., to unnecessarily encumber the case development process or to impose 2 unnecessary expenses and burdens on other parties) may expose the Designating Party 3 to sanctions. 4 If it comes to a Designating Party’s attention that information or items that it 5 designated for protection do not qualify for protection, that Designating Party must 6 promptly notify all other Parties that it is withdrawing the inapplicable designation. 7 5.2 Manner and Timing of Designations. Except as otherwise provided in this 8 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 9 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 10 must be clearly so designated before the material is disclosed or produced. 11 Designation in conformity with this Order requires: 12 (a) for information in documentary form (e.g., paper or electronic 13 documents, but excluding transcripts of depositions or other pretrial or trial 14 proceedings), that the Producing Party affix at a minimum, the legend 15 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 16 ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains 17 protected material. If only a portion of the material on a page qualifies for 18 protection, the Producing Party also must clearly identify the protected portion(s) 19 (e.g., by making appropriate markings in the margins). 20 A Party or Non-Party that makes original documents available for 21 inspection need not designate them for protection until after the inspecting Party 22 has indicated which documents it would like copied and produced. During the 23 inspection and before the designation, all of the material made available for 24 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 25 identified the documents it wants copied and produced, the Producing Party must 26 determine which documents, or portions thereof, qualify for protection under this 27 Order. Then, before producing the specified documents, the Producing Party must 28 affix the “CONFIDENTIAL legend” to each page that contains Protected PRO14-06:Protective Order.docx:11-14-17 -7STIPULATED PROTECTIVE ORDER 1 Material. If only a portion of the material on a page qualifies for protection, the 2 Producing Party also must clearly identify the protected portion(s) (e.g., by 3 making appropriate markings in the margins). 4 (b) for testimony given in depositions that the Designating Party identifies 5 the Disclosure or Discovery Material on the record, before the close of the 6 deposition all protected testimony. 7 (c) for information produced in some form other than documentary and for 8 any other tangible items, that the Producing Party affix in a prominent place on 9 the exterior of the container or containers in which the information is stored the 10 legend “CONFIDENTIAL.” If only a portion or portions of the information 11 warrants protection, the Producing Party, to the extent practicable, shall identify 12 the protected portion(s). 13 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 14 to designate qualified information or items does not, standing alone, waive the 15 Designating Party’s right to secure protection under this Order for such material. Upon 16 timely correction of a designation, the Receiving Party must make reasonable efforts to 17 assure that the material is treated in accordance with the provisions of this Order. 18 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 19 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 20 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 21 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 22 process under Local Rule 37.1 et seq. 23 6.3 The burden of persuasion in any such challenge proceeding shall be on the 24 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 25 to harass or impose unnecessary expenses and burdens on other parties) may expose the 26 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 27 the confidentiality designation, all parties shall continue to afford the material in 28 PRO14-06:Protective Order.docx:11-14-17 -8STIPULATED PROTECTIVE ORDER 1 question the level of protection to which it is entitled under the Producing Party’s 2 designation until the Court rules on the challenge. 3 7. ACCESS TO AND USE OF PROTECTED MATERIAL 4 7.1 Basic Principles. A Receiving Party may use Protected Material that is 5 disclosed or produced by another Party or by a Non-Party in connection with this 6 Action only for prosecuting, defending or attempting to settle this Action. Such 7 Protected Material may be disclosed only to the categories of persons and under the 8 conditions described in this Order. When the Action has been terminated, a Receiving 9 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 10 Protected Material must be stored and maintained by a Receiving Party at a 11 location and in a secure manner that ensures that access is limited to the persons 12 authorized under this Order. 13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 14 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 15 may disclose any information or item designated “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 17 as employees of said Outside Counsel of Record to whom it is reasonably 18 necessary to disclose the information for this Action; 19 20 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; 21 (c) Experts (as defined in this Order) of the Receiving Party to whom 22 disclosure is reasonably necessary for this Action and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (d) the court and its personnel; 25 (e) court reporters and their staff; 26 (f) professional jury or trial consultants, mock jurors, and Professional 27 Vendors to whom disclosure is reasonably necessary for this Action and who 28 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); PRO14-06:Protective Order.docx:11-14-17 -9STIPULATED PROTECTIVE ORDER 1 2 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 3 (h) during their depositions, witnesses, and attorneys for witnesses, in the 4 Action to whom disclosure is reasonably necessary provided: (1) the deposing 5 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 6 they will not be permitted to keep any confidential information unless they sign 7 the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 8 otherwise agreed by the Designating Party or ordered by the court. Pages of 9 transcribed deposition testimony or exhibits to depositions that reveal Protected 10 Material may be separately bound by the court reporter and may not be disclosed 11 to anyone except as permitted under this Stipulated Protective Order; and 12 (i) any mediator or settlement officer, and their supporting personnel, 13 mutually agreed upon by any of the parties engaged in settlement discussions. 14 7.3 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 15 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 16 writing by the Designating Party, a Receiving Party may disclose any information or 17 item designated “CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 19 well as employees of said Outside Counsel of Record to whom it is reasonably 20 necessary to disclose the information for this Action; 21 (b) Experts (as defined in this Order) of the Receiving Party to whom 22 disclosure is reasonably necessary for this Action and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (c) the court and its personnel; 25 (d) private court reporters and their staff to whom disclosure is reasonably 26 necessary for this Action and who have signed the “Acknowledgment and 27 Agreement to Be Bound” (Exhibit A); 28 PRO14-06:Protective Order.docx:11-14-17 - 10 STIPULATED PROTECTIVE ORDER 1 (e) professional jury or trial consultants, mock jurors, and Professional 2 Vendors to whom disclosure is reasonably necessary for this Action and who 3 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (f) the author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the information; and 6 (g) any mediator or settlement officer, and their supporting personnel, 7 mutually agreed upon by any of the parties engaged in settlement discussions. 8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 9 OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation that 11 compels disclosure of any information or items designated in this Action as 12 “CONFIDENTIAL,” that Party must: 13 14 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 15 (b) promptly notify in writing the party who caused the subpoena or order 16 to issue in the other litigation that some or all of the material covered by the 17 subpoena or order is subject to this Protective Order. Such notification shall 18 include a copy of this Stipulated Protective Order; and 19 (c) cooperate with respect to all reasonable procedures sought to be 20 pursued by the Designating Party whose Protected Material may be affected. 21 If the Designating Party timely seeks a protective order, the Party served with the 22 subpoena or court order shall not produce any information designated in this action as 23 “CONFIDENTIAL” before a determination by the court from which the subpoena or 24 order issued, unless the Party has obtained the Designating Party’s permission. The 25 Designating Party shall bear the burden and expense of seeking protection in that court 26 of its confidential material and nothing in these provisions should be construed as 27 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 28 directive from another court. PRO14-06:Protective Order.docx:11-14-17 - 11 STIPULATED PROTECTIVE ORDER 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 2 IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non- 4 Party in this Action and designated as “CONFIDENTIAL.” Such information produced 5 by Non-Parties in connection with this litigation is protected by the remedies and relief 6 provided by this Order. Nothing in these provisions should be construed as prohibiting a 7 Non-Party from seeking additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, to produce a 9 Non-Party’s confidential information in its possession, and the Party is subject to an 10 agreement with the Non-Party not to produce the Non-Party’s confidential information, 11 then the Party shall: 12 (1) promptly notify in writing the Requesting Party and the Non-Party that 13 some or all of the information requested is subject to a confidentiality agreement 14 with a Non-Party; 15 (2) promptly provide the Non-Party with a copy of the Stipulated 16 Protective Order in this Action, the relevant discovery request(s), and a 17 reasonably specific description of the information requested; and 18 (3) make the information requested available for inspection by the Non- 19 Party, if requested. 20 (c) If the Non-Party fails to seek a protective order from this court within 14 days 21 of receiving the notice and accompanying information, the Receiving Party may 22 produce the Non-Party’s confidential information responsive to the discovery request. If 23 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 24 information in its possession or control that is subject to the confidentiality agreement 25 with the Non-Party before a determination by the court. Absent a court order to the 26 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 27 court of its Protected Material. 28 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL PRO14-06:Protective Order.docx:11-14-17 - 12 STIPULATED PROTECTIVE ORDER 1 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 2 Protected Material to any person or in any circumstance not authorized under this 3 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 4 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 5 all unauthorized copies of the Protected Material, (c) inform the person or persons to 6 whom unauthorized disclosures were made of all the terms of this Order, and (d) 7 request such person or persons to execute the “Acknowledgment and Agreement to Be 8 Bound” that is attached hereto as Exhibit A. 9 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 10 PROTECTED MATERIAL 11 When a Producing Party gives notice to Receiving Parties that certain 12 inadvertently produced material is subject to a claim of privilege or other protection, the 13 obligations of the Receiving Parties are those set forth in Federal Rule of Civil 14 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 15 may be established in an e-discovery order that provides for production without prior 16 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 17 parties reach an agreement on the effect of disclosure of a communication or 18 information covered by the attorney-client privilege or work product protection, the 19 parties may incorporate their agreement in the stipulated protective order submitted to 20 the court. 21 12. MISCELLANEOUS 22 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 23 person to seek its modification by the Court in the future. 24 12.2 Right to Assert Other Objections. By stipulating to the entry of this 25 Protective Order, no Party waives any right it otherwise would have to object to 26 disclosing or producing any information or item on any ground not addressed in this 27 Stipulated Protective Order. Similarly, no Party waives any right to object on any 28 ground to use in evidence of any of the material covered by this Protective Order. PRO14-06:Protective Order.docx:11-14-17 - 13 STIPULATED PROTECTIVE ORDER 1 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 2 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed 3 under seal pursuant to a court order authorizing the sealing of the specific Protected 4 Material at issue. If a Party’s request to file Protected Material under seal is denied by 5 the court, then the Receiving Party may file the information in the public record unless 6 otherwise instructed by the court. 7 13. FINAL DISPOSITION 8 After the final disposition of this Action, as defined in paragraph 4, within 60 9 days of a written request by the Designating Party, each Receiving Party must return all 10 Protected Material to the Producing Party or destroy such material. As used in this 11 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 12 summaries, and any other format reproducing or capturing any of the Protected 13 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 14 must submit a written certification to the Producing Party (and, if not the same person 15 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 16 category, where appropriate) all the Protected Material that was returned or destroyed 17 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 18 compilations, summaries or any other format reproducing or capturing any of the 19 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 20 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 21 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 22 work product, and consultant and expert work product, even if such materials contain 23 Protected Material. Any such archival copies that contain or constitute Protected 24 Material remain subject to this Protective Order as set forth in Section 4 (DURATION). 25 14. VIOLATION 26 Any violation of this Order may be punished by appropriate measures including, 27 without limitation, contempt proceedings and/or monetary sanctions. 28 PRO14-06:Protective Order.docx:11-14-17 - 14 STIPULATED PROTECTIVE ORDER 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 Dated: November 14, 2017 DONIGER/BURROUGHS A Professional Corporation 4 5 By: 6 /s/Trevor Barrett Trevor Barrett Attorneys for Plaintiff 7 8 9 10 Dated: November 14, 2017 CALL & JENSEN A Professional Corporation 11 12 By: 13 /s/Samuel G. Brooks Samuel G. Brooks Attorneys for Defendants Project 28 Clothing, LLC, Iconix Brand Group, Inc., Kmart Corp., and Ikeddi Enterprises, Inc. 14 15 16 17 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 18 19 DATE: November 14, 2017 20 21 _____________________________________ 22 HON. ROZELLA A. OLIVER United States Magistrate Judge 23 24 25 26 27 28 PRO14-06:Protective Order.docx:11-14-17 - 15 STIPULATED PROTECTIVE ORDER 1 2 SIGNATURE CERTIFICATION I hereby certify that the content of this document is acceptable to Trevor Barrett, 3 counsel for Plaintiff Standard Fabrics International, Inc., and that I have obtained Mr. 4 Barrett’s authorization to affix his electronic signature to this document. 5 6 Date: November 13, 2017 /s/Samuel G. Brooks 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRO14-06:Protective Order.docx:11-14-17 - 16 STIPULATED PROTECTIVE ORDER 1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, 2 _____________________________ [print or type full name], of _________________ 3 [print or type full address], declare under penalty of perjury that I have read in its 4 entirety and understand the Stipulated Protective Order that was issued by the United 5 States District Court for the Central District of California in the case of Standard 6 Fabrics International, Inc. v. Project 28 Clothing LLC (Case No. 16-cv-09440-AB7 RAO). I agree to comply with and to be bound by all the terms of this Stipulated 8 Protective Order and I understand and acknowledge that failure to so comply could 9 expose me to sanctions and punishment in the nature of contempt. I solemnly promise 10 that I will not disclose in any manner any information or item that is subject to this 11 Stipulated Protective Order to any person or entity except in strict compliance with the 12 provisions of this Order. I further agree to submit to the jurisdiction of the United States 13 District Court for the Central District of California for enforcing the terms of this 14 Stipulated Protective Order, even if such enforcement proceedings occur after 15 termination of this action. I hereby appoint __________________________ [print or 16 type full name] of _______________________________________ [print or type full 17 address and telephone number] as my California agent for service of process in 18 connection with this action or any proceedings related to enforcement of this Stipulated 19 Protective Order. 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 23 Printed name: _______________________________ 24 25 Signature: __________________________________ 26 27 28 PRO14-06:Protective Order.docx:11-14-17 - 17 STIPULATED PROTECTIVE ORDER

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