Forever 21, Inc. v. C Luce, Inc. et al

Filing 27

STIPULATED PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg. re Stipulation for Protective Order 26 . (See Order for Further Details) (kl)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

JOHNSON & PHAM, LLP
Christopher D. Johnson, SBN: 222698
E-mail: [e-mail]
Christopher Q. Pham, SBN: 206697
E-mail: [e-mail]
Marcus F. Chaney, SBN: 245227
E-mail: [e-mail]
Jason Vener, SBN: 267941
E-mail: [e-mail]
6355 Topanga Canyon Boulevard, Suite 326
Woodland Hills, California 91367
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
FOREVER 21, INC.
HYUNSUK ALBERT CHANG (SBN 206270)
Email: [e-mail]
MARIAM ALAMI SAQEBI (SBN 312972)
Email: [e-mail]
LAW OFFICES OF ALBERT CHANG
1225 W. 190th Street, Suite 420
Gardena, CA 90248
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
C LUCE, INC. dba TCEC and
CORNERSTONE APPAREL, INC. dba PAPAYA

17
18

UNITED STATES DISTRICT COURT

19

CENTRAL DISTRICT OF CALIFORNIA

20

WESTERN DIVISION

21

FOREVER 21, INC.,

Case No.: 2:17-cv-00553 JFW-AGR

22
23
24
25
26

Plaintiff,
v.
C LUCE, INC., et al.

STIPULATED PROTECTIVE
ORDER
[Discovery Matter]

Defendants.

27
28
-1STIPULATED PROTECTIVE ORDER

1

1.

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

2
3

proprietary, or

4

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

5

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

6

petition the Court to enter the following Stipulated Protective Order. The parties

7

acknowledge that this Order does not confer blanket protections on all disclosures

8

or

9

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

10

entitled to confidential treatment under the applicable legal principles. The parties

11

further acknowledge, as set forth in Section 12.3, below, that this Stipulated

12

Protective Order does not entitle them to file confidential information under seal;

13

Civil Local Rule 79-5 sets forth the procedures that must be followed and the

14

standards that will be applied when a party seeks permission from the Court to file

15

material under seal

responses

private

information

for which

special protection

from

to discovery and that the protection it affords from public

16

B. GOOD CAUSE STATEMENT

17

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

18

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

19

proprietary information for which special protection from public disclosure and

20

from use for any purpose other than prosecution of this action is warranted. Such

21

confidential and proprietary materials and information consist of, among other

22

things, confidential business or financial information, information regarding

23

confidential business practices, or other confidential research, development, or

24

commercial information (including information implicating privacy rights of third

25

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

26

be privileged or otherwise protected from disclosure under state or federal statutes,

27

court rules, case decisions, or common law, including, but not limited to:

28

(a)

Information that is the subject of a non-disclosure or confidentiality
-2STIPULATED PROTECTIVE ORDER

agreement or obligation;

1
2

(b)

party’s supplier, designer, distributor, or customer;

3
4

The names, or other information tending to reveal the identity of a

(c)

Agreements

with

third-parties,

including

license

agreements,

5

distributor agreements, manufacturing agreements, design agreements,

6

development agreements, supply agreements, sales agreements, or
service agreements;

7
8
9

(d)

Research and development information;

(e)

Proprietary engineering or technical information, including product
design, manufacturing techniques, processing information, drawings,

10
11

memoranda and reports;
(f)

12

of technology or designs, product pricing, or other internal

13

financial/accounting information, including non-public information

14

related to financial condition or performance and income or other non-

15
16

Information related to budgets, sales, profits, costs, margins, licensing

public tax information;
(g)

17

Information related to internal operations including personnel
information;

18

(h)

Information related to past, current and future product development;

19

(i)

Information related to past, current and future market analyses and

20

business and marketing development, including plans, strategies,

21

forecasts and competition; and

22
23

(j)

Trade secrets (as defined by the jurisdiction in which the information
is located).

24

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

25

resolution of disputes over confidentiality of discovery materials, to adequately

26

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

27

parties are permitted reasonable necessary uses of such material in preparation for

28

and in the conduct of trial, to address their handling at the end of the litigation, and
-3STIPULATED PROTECTIVE ORDER

1

serve the ends of justice, a protective order for such information is justified in this

2

matter. It is the intent of the parties that information will not be designated as

3

confidential for tactical reasons and that nothing be so designated without a good

4

faith belief that it has been maintained in a confidential, non-public manner, and

5

there is good cause why it should not be part of the public record of this case.

6
7

2.

2.1

8
9

Action: This pending federal law suit entitled Forever 21, Inc. v. C

Luce, Inc. et al., Case No. 2:17-cv-00553 JFW-AGR.
2.2

10
11

DEFINITIONS

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

designation of information or items under this Order.
2.3

12

“CONFIDENTIAL” Information or Items: information (regardless of

13

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

14

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

15

the Good Cause Statement.
2.4

16

“HIGHLY CONFIDENTIAL – Attorney’s Eyes Only” Information or

17

Items:

18

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

19

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

20
21
22

extremely sensitive “CONFIDENTIAL” Information or Items, the

2.5

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

their support staff).
2.6

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

23

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

24

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-Attorney’s Eyes Only.”

25

2.7

Disclosure or Discovery Material: all items or information, regardless

26

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

27

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

28

or generated in disclosures or responses to discovery in this matter.
-4STIPULATED PROTECTIVE ORDER

2.8

1

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

2

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

3

as an expert witness or as a consultant in this Action.
2.9

4

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

5

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

6

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

7
8

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

9

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

10

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

11

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

12

which has 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).
2.13 Producing Party: a Party or Non-Party that produces Disclosure or

16
17

Discovery Material in this Action.

18

2.14 Professional Vendors: persons or entities that provide litigation

19

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

20

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

21

and their employees and subcontractors.

22

2.15 Protected Material: any Disclosure or Discovery Material that is

23

designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-Attorney’s

24

Eyes Only.”
2.16 Receiving Party: a Party that receives Disclosure or Discovery

25
26

Material from a Producing Party.

27

///

28

///
-5STIPULATED PROTECTIVE ORDER

1

3.

SCOPE

2

The protections conferred by this Stipulation and Order cover not only

3

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

4

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

5

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

6

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

7

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

8

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

9
10

4.

DURATION

11

Even after final disposition of this litigation, the confidentiality obligations

12

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

13

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

14

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

15

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

16

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

17

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

18

time pursuant to applicable law.

19
20
21

5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

22

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

23

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

24

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

25

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

26

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

27

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

28

unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized
-6STIPULATED PROTECTIVE ORDER

1

designations are prohibited. Designations that are shown to be clearly unjustified

2

or that have been made for an improper purpose (e.g., to unnecessarily encumber

3

the case development process or to impose unnecessary expenses and burdens on

4

other parties) may expose the Designating Party to sanctions.

5

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

6

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

7

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

8

5.2

Manner and Timing of Designations. Except as otherwise provided in

9

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

10

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

11

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

12

produced.

13

Designation in conformity with this Order requires:

14

(a)

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

15

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

16

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

17

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Attorney’s Eyes Only”

18

(hereinafter “CONFIDENTIAL legend”), to each page that contains protected

19

material. If only a portion or portions of the material on a page qualifies for

20

protection, the Producing Party also must clearly identify the protected portion(s)

21

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

22

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

23

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

24

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

25

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

26

deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Attorney’s Eyes

27

Only.” After the inspecting Party has identified the documents it wants

28

copied and produced, the Producing Party must determine which documents, or
-7STIPULATED PROTECTIVE ORDER

1

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

2

the specified documents, the Producing Party must affix the “CONFIDENTIAL

3

legend” to each page that contains Protected Material. If only a portion or portions

4

of the material on a page qualifies for protection, the Producing Party also must

5

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

6

the margins).
(b)

7

for testimony given in depositions, that the Designating Party identify

8

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

9

deposition, all protected testimony.
(c)

10

for information produced in some form other than documentary and

11

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

12

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

13

legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Attorney’s Eyes

14

Only.” If only a portion or portions of the information warrants protection, the

15

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

16

Inadvertent Failures to Designate. If timely corrected, an inadvertent

17

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

18

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

19

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

20

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

21

provisions of this Order.

22
23
24

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

25

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

26

Scheduling Order.

27
28

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
-8STIPULATED PROTECTIVE ORDER

6.3

1

The burden of persuasion in any such challenge proceeding shall be

2

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

3

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

4

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

5

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

6

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

7

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

8

challenge.

9
10
11

7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

12

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

13

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

14

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

15

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

16

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

17

DISPOSITION).

18

7.2

Protected Material must be stored and maintained by a Receiving

19

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

20

persons authorized under this Order.

21

7.3

Disclosure of “CONFIDENTIAL” Information or Items. Unless

22

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

23

Receiving

24

“CONFIDENTIAL” only to:

25

(a)

Party

may

disclose

any

information

or

item

designated

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

26

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

27

necessary to disclose the information for this Action;

28

(b)

the officers, directors, and employees (including House Counsel) of
-9STIPULATED PROTECTIVE ORDER

1
2

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

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

3

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

4

“Acknowledgment and Agreement to Be 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 Professional

8

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

9

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

10
11
12

(g)

the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;
(h)

during their depositions, witnesses ,and attorneys for witnesses, in the

13

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

14

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

15

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

16

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

17

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

18

deposition testimony or exhibits to depositions that reveal Protected Material may

19

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

20

except as permitted under this Stipulated Protective Order; and

21
22
23

(i)

any mediator or settlement officer, and their supporting personnel,

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

Disclosure of “HIGHLY CONFIDENTIAL – Attorney’s Eyes Only”

24

Information or Items. Unless otherwise ordered by the court or permitted in

25

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

26

or item designated “HIGHLY CONFIDENTIAL – Attorney’s Eyes Only” only to:

27

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

28

as employees of said Outside Counsel of Record to whom it is reasonably
- 10 STIPULATED PROTECTIVE ORDER

1

necessary to disclose the information for this Action;

2

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

3

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

4

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

5

(c) the court and its personnel;

6

(d) private court reporters and their staff to whom disclosure is reasonably

7

necessary for this Action and who have signed the “Acknowledgment and

8

Agreement to Be Bound” (Exhibit A);

9

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

10

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

11

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

12
13

custodian or other person who otherwise possessed or knew the information; and
(g)

14
15

any mediator or settlement officer, and their supporting personnel,

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

16
17

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

18

IN OTHER LITIGATION

19

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

20

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

21

“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – Attorney’s Eyes Only,”

22

that Party must:

23

(a)

24
25

promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order;
(b)

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

26

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

27

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

28

include a copy of this Stipulated Protective Order; and
- 11 STIPULATED PROTECTIVE ORDER

(c)

1
2

cooperate with respect to all reasonable procedures sought to be

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

3

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

4

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

5

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

6

Attorney’s Eyes Only” before a determination by the court from which the

7

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

8

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

9

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

10

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

11

to disobey a lawful directive from another court.

12

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

13

PRODUCED IN THIS LITIGATION

14

(a)

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

15

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

16

CONFIDENTIAL – Attorney’s Eyes Only.” Such information produced by Non-

17

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

18

provided by this Order. Nothing in these provisions should be construed as

19

prohibiting a Non-Party from seeking additional protections.

20

(b)

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

21

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

22

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

23

Party’s confidential information, then the Party shall:

24

(1)

promptly notify in writing the Requesting Party and the Non-

25

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

26

agreement with a Non-Party;

27

(2)

28

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

Protective Order in this Action, the relevant discovery request(s), and a reasonably
- 12 STIPULATED PROTECTIVE ORDER

1

specific description of the information requested; and
(3)

2
3

make the information requested available for inspection by the

Non-Party, if requested.
(c)

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12
13

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

A.

23
24

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

25

PROTECTED MATERIAL

26

When a Producing Party gives notice to Receiving Parties that certain

27

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

28

protection, the obligations of the Receiving Parties are those set forth in Federal
- 13 STIPULATED PROTECTIVE ORDER

1

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

2

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

3

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

7

stipulated protective order submitted to the court.

8
9

12.

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

10
11

MISCELLANEOUS

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

12

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

13

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

14

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

15

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

16

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

17

Order.

18

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

19

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

20

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

21

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

22

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

23

in the public record unless otherwise instructed by the court.

24
25

13.

FINAL DISPOSITION

26

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

27

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

28

return all Protected Material to the Producing Party or destroy such material. As
- 14 STIPULATED PROTECTIVE ORDER

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

copies that contain or constitute Protected Material remain subject to this

15

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

16

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

17
18

DATED: July 10, 2017

19

JOHNSON & PHAM, LLP
By: /s/ Jason R. Vener
Christopher Q. Pham, Esq.
Marcus F. Chaney, Esq.
Jason R. Vener, Esq.
Attorneys for Plaintiff
FOREVER 21, INC.

20
21
22
23
24
25
26
27
28

DATED: July 10, 2017

LAW OFFICES OF ALBERT CHANG
By: /s/ Hyunsuk Albert Chang
Hyunsuk Albert Chang, Esq.
Mariam Alami Saqebi, Esq.
Attorneys for Defendants
C LUCE, INC., dba TCEC
- 15 STIPULATED PROTECTIVE ORDER

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED this 12th day of July,

1
2

2017.

3
4
5
6
7

______________________________

HON. ALICIA G. ROSENBERG
Magistrate Judge of the United States
Central District of California

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 16 STIPULATED PROTECTIVE ORDER

1
2

EXHIBIT A

3

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

I ________________ [print or type full name], of ______________ [print
or type full address], declare under penalty of perjury that I have read in its
entirety and understand the Stipulated Protective Order that was issued by the
United States District Court for the Central District of California on [date] in the
case of

Forever 21, Inc. v. C Luce, Inc. et al., Case No. 2:17-cv-00553 JFW-

AGR. 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 Order to any person or entity except in strict
compliance with the provisions of this Order.
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
after termination of this action.
I hereby appoint

[print or type full name] of

type full address and telephone number] as my California agent for service of
process in connection with this action or any proceedings related to enforcement of
this Stipulated Protective Order.

24

Date:

25

City and State where sworn and signed:

26
27

[print or

Printed name:

28
- 17 STIPULATED PROTECTIVE ORDER

1

Signature:

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 18 STIPULATED PROTECTIVE ORDER