Unicolors, Inc. v. Gill Leather Fashions, Inc., et al
Filing
39
STIPULATED PROTECTIVE ORDER by Magistrate Judge John E. McDermott 38 . (san)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
10
CENTRAL DISTRICT OF CALIFORNIA
11
12
UNICOLORS, INC., a California
Corporation;
Case No.: 2:17-cv-01287-FMO-JEM
13
14
15
16
17
18
19
20
21
Plaintiff,
[PROPOSED] STIPULATED
PROTECTIVE ORDER
vs.
G-III LEATHER FASHIONS, INC., a
New York Corporation; IVANKA
TRUMP MARKS II LLC., a New York
Limited Liability Company; THE
TJX COMPANIES, INC., a Delaware
Corporation; and DOES 1-10, inclusive,
Defendants.
22
23
24
25
26
27
28
1
[PROPOSED] ORDER
1
1.
A. PURPOSES AND LIMITATIONS
2
Discovery in this action is likely to involve production of confidential,
3
4
proprietary, trade secret, or private information for which special protection from
5
public disclosure and from use for any purpose other than prosecuting or defending
6
this litigation may be warranted. Accordingly, Plaintiff Unicolors, Inc. and
7
Defendants G-III Leather Fashions, Inc., Ivanka Trump Marks II LLC, and The
8
TJX Companies, Inc. (collectively, the “Parties”) hereby stipulate to and petition
9
the Court to enter the following Stipulated Protective Order. The Parties
10
acknowledge that this Order does not confer blanket protections on all disclosures
11
or responses to discovery and that the protection it affords from public disclosure
12
and use extends only to the limited information or items that are entitled to
13
confidential treatment under the applicable legal principles. The Parties further
14
acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective
15
Order does not entitle them to file confidential information under seal; Civil Local
16
Rule 79-5 sets forth the procedures that must be followed and the standards that
17
will be applied when a party seeks permission from the court to file material under
18
seal.
19
20
B. GOOD CAUSE STATEMENT
21
22
This Action (defined below) is likely to involve confidential, proprietary,
23
and trade-secret information, including customer and pricing lists and other
24
valuable research, development, commercial, financial and/or technical information
25
for which special protection from public disclosure and from use for any purpose
26
other than prosecution or defense of this action is warranted. Such confidential
27
materials and information consist of, among other things, confidential business or
28
financial information, information regarding purchase and sale prices of fabric or
2
[PROPOSED] ORDER
1
garments by suppliers, manufacturers, importers, distributors or fashion retailers,
2
information regarding business practices, information regarding the creation,
3
purchase or sale of graphics used on textiles and garments, or other confidential
4
commercial information (including information implicating privacy rights of third
5
parties), information generally unavailable to the public, or which may be
6
privileged or otherwise protected from disclosure under state of federal law and
7
rules, court rules, case decisions, or common law. Accordingly, to expedite the
8
flow of information, to facilitate the prompt resolution of disputes over
9
confidentiality of discovery materials, to adequately protect information the Parties
10
are entitled to keep confidential and prevent from being published, to ensure that
11
the Parties are permitted reasonably necessary uses of such material in preparation
12
for and in the conduct of trial, to address their handling or disposition at the end of
13
the litigation, and serve the ends of justice, a protective order for such information
14
is justified in this matter. It is the intent of the Parties that information will not be
15
designated as confidential for tactical reasons and that nothing be so designated
16
without a good faith belief that it has been or will be maintained in a confidential,
17
non-public manner, and there is good cause why it should not be part of the public
18
record of this case.
19
20
2.
DEFINITIONS
21
2.1 Action: this pending federal law suit.
22
2.2 Challenging Party: a Party or Non-Party that challenges the
23
24
designation of information or items under this Order.
2.3 “CONFIDENTIAL” Information or Items: information (regardless of
25
how it is generated, stored or maintained) or tangible things that qualify for
26
protection under Federal Rule of Civil Procedure 26(c), and as specified above in
27
28
3
[PROPOSED] ORDER
1
the Good Cause Statement. Certain limited types of “CONFIDENTIAL”
2
information may be further designated, as defined and detailed below, as
3
“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY.”
4
5
6
2.4 Counsel: Outside Counsel and House Counsel (as well as
their support staff).
2.5 Designating Party: a Party or Non-Party that designates information or
7
items that it produces in disclosures, in responses to discovery, or in deposition
8
testimony as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
9
ATTORNEY’S EYES ONLY.”
10
2.6 Disclosure or Discovery Material: all items or information, regardless
11
of the medium or manner in which they are generated, stored, or maintained
12
(including, among other things, testimony, transcripts, and tangible things), that are
13
produced or generated in disclosures or responses to discovery in this matter.
14
2.7 Expert: a person with specialized knowledge or experience in a matter
15
pertinent to the litigation who has been retained by a Party or its counsel to serve
16
as an expert witness or as a consultant in this Action.
17
2.8 “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY”
18
Information or Items: CONFIDENTIAL Information or Items that are extremely
19
sensitive—such as trade secrets or highly sensitive business or product expansion
20
or reduction plans or developments—and whose disclosure to any Party in this
21
action would create a substantial risk of serious injury that could not be avoided by
22
less restrictive means.
23
24
25
26
27
2.9 House Counsel: attorneys who are employees of a Party. House Counsel
does not include Outside Counsel.
2.10 Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
2.11 Outside Counsel: attorneys who are not employees of a
28
4
[PROPOSED] ORDER
1
Party to this Action but are retained to represent or advise a Party in this Action,
2
including but not limited to attorneys that have appeared in this Action on behalf of
3
that Party or are affiliated with a law firm which has appeared on behalf of that
4
Party, and their support staff.
2.12 Party: any party to this Action, including its officers, directors,
5
6
employees, consultants, and retained experts.
2.13 Producing Party: a Party or Non-Party that produces Disclosure or
7
8
Discovery Material in this Action.
2.14 Professional Vendors: persons or entities that provide litigation
9
10
support services (e.g., photocopying, videotaping, translating, preparing exhibits or
11
demonstrations, and organizing, storing, or retrieving data in any form or medium)
12
and their employees and subcontractors.
2.15 Protected Material: any Disclosure or Discovery Material that is
13
14
designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
15
ATTORNEY’S EYES ONLY.”
2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
16
17
from a Producing Party.
18
19
3.
SCOPE
20
The protections conferred by this Stipulation and Order cover not only
21
Protected Material (as defined above), but also (1) any information copied or
22
extracted from Protected Material; (2) all copies, excerpts, summaries, or
23
compilations of Protected Material; and (3) any testimony, conversations, or
24
presentations by Parties or their Counsel that might reveal Protected Material.
25
26
Any use of Protected Material at trial shall be governed by a separate
agreement or order.
27
28
5
[PROPOSED] ORDER
1
4.
DURATION
Even after final disposition of this litigation, the confidentiality obligations
2
3
imposed by this Order shall remain in effect until a Designating Party agrees
4
otherwise in writing or a court order otherwise directs. Final disposition shall be
5
deemed to be the later of (1) dismissal of all claims and defenses in this Action,
6
with or without prejudice; and (2) final judgment herein after the completion and
7
exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
8
including the time limits for filing any motions or applications for extension of
9
time pursuant to applicable law.
10
11
12
5.
DESIGNATING PROTECTED MATERIAL
5.1 Exercise of Restraint and Care in Designating Material for Protection.
13
Each Party or Non-Party that designates information or items for protection under
14
this Order must take good faith and reasonable care to limit any such designation
15
to specific material that qualifies under the appropriate standards. The Designating
16
Party must in good faith designate for protection only those parts of material,
17
documents, items, or oral or written communications that qualify so that other
18
portions of the material, documents, items, or communications for which
19
protection is not warranted are not swept unjustifiably within the ambit of this
20
Order.
21
Mass, indiscriminate, or routinized designations are prohibited.
22
Designations that are shown to be clearly unjustified without any good faith or
23
reasonable basis or that have been made for an improper purpose (e.g., to
24
unnecessarily encumber the case development process or to impose unnecessary
25
expenses and burdens on other Parties) may expose the Designating Party to
26
sanctions.
27
If it comes to a Designating Party’s attention that information or items that it
28
6
[PROPOSED] ORDER
1
designated for protection do not qualify for the designated level of protection, that
2
Designating Party must promptly notify all other Parties that it is withdrawing or
3
modifying the inapplicable designation.
4
5.2 Manner and Timing of Designations. 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 protection
7
under this Order must be clearly so designated before the material is disclosed or
8
produced.
9
10
Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic
11
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” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
14
ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that
15
contains Protected Material. If only a portion or portions of the material on a page
16
qualifies for protection, the Producing Party also must clearly identify the
17
protected portion(s) (e.g., by making appropriate markings in the margins).
18
A Party or Non-Party that makes original documents available for inspection
19
need not designate them for protection until after the inspecting Party has indicated
20
which documents it would like copied and produced. During the inspection and
21
before the designation, the material made available for inspection shall be deemed
22
“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY.” After the
23
inspecting Party has identified the documents it wants copied and produced, the
24
Producing Party must determine which documents, or portions thereof, qualify for
25
protection under this Order. Then, before producing the specified documents, the
26
Producing Party must affix the appropriate “CONFIDENTIAL legend”
27
(“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
28
ONLY”) to each page that contains Protected Material. If only a portion or
7
[PROPOSED] ORDER
1
portions of the material on a page qualifies for protection, the Producing Party also
2
must clearly identify the protected portion(s) (e.g., by making appropriate
3
markings in the margins).
4
(b) for testimony given in depositions or in other pretrial proceedings,
5
that the Designating Party identify on the record, before the close of the deposition,
6
hearing, or other proceeding, all protected testimony and specify the level of
7
protection being asserted; alternatively, a Designating Party may specify at the
8
deposition that the entire transcript shall be treated as “CONFIDENTIAL” or
9
“HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY,” after which the
10
Designating Party shall have up to thirty (30) days from the date the deposition
11
transcript is received by Outside Counsel for the Designating Party to identify the
12
specific portions of the testimony as to which protection is sought and to specify
13
the level of protection being asserted.
14
(c) for information produced in some form other than documentary
15
and for any other tangible items, that the Producing Party affix in a prominent
16
place on the exterior of the container or containers in which the information is
17
stored the the appropriate “CONFIDENTIAL legend” (“CONFIDENTIAL” or
18
“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY”). If only a portion
19
or portions of the information warrants protection, the Producing Party, to the
20
extent practicable, shall identify the protected portion(s).
21
5.3 Inadvertent Failures to Designate. If corrected within a reasonable
22
period, an inadvertent failure to designate qualified information or items does not,
23
standing alone, waive the Designating Party’s right to secure protection under this
24
Order for such material. Upon timely correction of a designation, the Receiving
25
Party must make reasonable efforts to assure that the material is treated in
26
accordance with the provisions of this Order.
27
28
8
[PROPOSED] ORDER
1
6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1 Timing of Challenges. Any Party or Non-Party may challenge a
2
3
designation of confidentiality at any time that is consistent with the Court’s
4
Scheduling Order.
6.2 Meet and Confer. The Challenging Party shall initiate the dispute
5
6
resolution process under Local Rule 37-1 et seq.
6.3 The burden of persuasion in any such challenge proceeding shall be on
7
8
the Designating Party. Frivolous challenges, and those made for an improper
9
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
10
Parties) may expose the Challenging Party to sanctions. Unless the Designating
11
Party has waived or withdrawn the confidentiality designation, all Parties shall
12
continue to afford the material in question the level of protection to which it is
13
entitled under the Producing Party’s designation until the Court rules on the
14
challenge.
15
16
7.
ACCESS TO AND USE OF PROTECTED MATERIAL
17
7.1 Basic Principles. A Receiving Party may use Protected Material that is
18
disclosed or produced by another Party or by a Non-Party in connection with this
19
Action only for prosecuting, defending, or attempting to settle this Action. Such
20
Protected Material may be disclosed only to the categories of persons and under
21
the conditions described in this Order. When the Action has been terminated, a
22
Receiving Party must comply with the provisions of section 13 below (FINAL
23
DISPOSITION).
24
Protected Material must be stored and maintained by a Receiving Party at a
25
location and in a secure manner that ensures that access is limited to the persons
26
authorized under this Order.
27
7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
28
otherwise ordered by the court or permitted in writing by the Designating Party, a
9
[PROPOSED] ORDER
1
Receiving Party may disclose any information or item designated
2
“CONFIDENTIAL” only to:
3
(a) the Receiving Party’s Outside Counsel in this Action, as
4
well as employees of said Outside Counsel to whom it is reasonably
5
necessary to disclose the information for this Action;
6
7
8
9
10
(b) the officers, directors, and employees (including House Counsel) of
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
disclosure is reasonably necessary for this Action and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
11
(d) the court and its personnel;
12
(e) court reporters and their staff;
13
(f) professional jury or trial consultants, mock jurors, and Professional
14
Vendors to whom disclosure is reasonably necessary for this Action and who have
15
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
16
17
18
(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 in the action to whom disclosure is
19
reasonably necessary and who have signed the “Acknowledgment and Agreement
20
to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or
21
ordered by the court. Pages of transcribed deposition testimony or exhibits to
22
depositions that reveal Protected Material must be separately bound by the court
23
reporter and may not be disclosed to anyone except as permitted under this
24
Stipulated Protective Order; and
25
26
27
28
(i) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the Parties engaged in settlement discussions.
7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
ONLY” Information or Items. Unless otherwise ordered by the court or permitted
10
[PROPOSED] ORDER
1
in writing by the Designating Party, a Receiving Party may disclose any
2
information or item designated “HIGHLY CONFIDENTIAL – ATTORNEY’S
3
EYES ONLY” only to:
(a) the Receiving Party’s Outside Counsel in this Action, as well as
4
5
employees of said Outside Counsel to whom it is reasonably necessary to disclose
6
the information for this Action;
(b) Experts (as defined in this Order) of the Receiving Party to whom
7
8
disclosure is reasonably necessary for this Action and who have signed the
9
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
10
(c) the court and its personnel;
11
(d) court reporters and their staff;
12
(e) professional jury or trial consultants, mock jurors, and Professional
13
Vendors to whom disclosure is reasonably necessary for this Action and who have
14
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(f) the author or recipient of a document containing the information or a
15
16
custodian or other person who otherwise possessed or knew the information; and
(g) any mediator or settlement officer, and their supporting personnel,
17
18
mutually agreed upon by any of the Parties engaged in settlement discussions.
19
20
8.
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
21
IN OTHER LITIGATION
22
If a Party is served with a subpoena or a court order issued in other litigation
23
that compels disclosure of any information or items designated in this Action as
24
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
25
ONLY,” that Party must:
26
27
28
(a) 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
11
[PROPOSED] ORDER
1
to issue in the other litigation that some or all of the material covered by the
2
subpoena or order is subject to this Protective Order. Such notification shall
3
include a copy of this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be
4
5
pursued by the Designating Party whose Protected Material may be affected.
6
If the Designating Party timely seeks a protective order, the Party served with
7
the subpoena or court order shall not produce any information designated in this
8
action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY’S
9
EYES ONLY” before a determination by the court from which the
10
subpoena or order issued, unless the Party has obtained the Designating Party’s
11
permission. The Designating Party shall bear the burden and expense of seeking
12
protection in that court of its confidential material and nothing in these provisions
13
should be construed as authorizing or encouraging a Receiving Party in this Action
14
to disobey a lawful directive from another court.
15
16
17
9.
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
18
PRODUCED IN THIS LITIGATION
19
(a) The terms of this Order are applicable to information produced by a
20
Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
21
CONFIDENTIAL – ATTORNEY’S EYES ONLY.” Such information
22
produced by Non-Parties in connection with this litigation is protected by the
23
remedies and relief provided by this Order. Nothing in these provisions should be
24
construed as prohibiting a Non-Party from seeking additional protections.
25
(b) If a Party is required, by a valid discovery request, to produce a Non-
26
Party’s confidential information in its possession, and the Party is subject to an
27
agreement with the Non-Party not to produce the Non-Party’s confidential
28
information, then the Party shall:
12
[PROPOSED] ORDER
(1) promptly notify in writing the Requesting Party and the Non-Party
1
2
that some or all of the information requested is subject to a confidentiality
3
agreement with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated
4
5
Protective Order in this Action, the relevant discovery request(s), and a reasonably
6
specific description of the information requested; and
(3) make the information requested available for inspection by the
7
8
Non-Party, if requested.
(c) If the Non-Party fails to seek a protective order from this court within 14
9
10
days of receiving the notice and accompanying information, the Receiving Party
11
may produce the Non-Party’s confidential information responsive to the discovery
12
request. If the Non-Party timely seeks a protective order, the Receiving Party shall
13
not produce any information in its possession or control that is subject to the
14
confidentiality agreement with the Non-Party before a determination by the court.
15
Absent a court order to the contrary, the Non-Party shall bear the burden and
16
expense of seeking protection in this court of its Protected Material.
17
18
10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
19
If a Receiving Party learns that, by inadvertence or otherwise, it has
20
disclosed Protected Material to any person or in any circumstance not authorized
21
under this Stipulated Protective Order, the Receiving Party must immediately (a)
22
notify in writing the Designating Party of the unauthorized disclosures, (b) use its
23
best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform
24
the person or persons to whom unauthorized disclosures were made of all the terms
25
of this Order, and (d) request such person or persons to execute the
26
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
27
A.
28
13
[PROPOSED] ORDER
1
11.
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
2
PROTECTED MATERIAL
3
When a Producing Party gives notice to Receiving Parties that certain
4
inadvertently produced material is subject to a claim of privilege or other
5
protection, the obligations of the Receiving Parties are those set forth in Federal
6
Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
7
whatever procedure may be established in an e-discovery order that provides for
8
production without prior privilege review. Pursuant to Federal Rule of Evidence
9
502(d) and (e), insofar as the Parties reach an agreement on the effect of disclosure
10
of a communication or information covered by the attorney-client privilege or
11
work product protection, the Parties may incorporate their agreement in the
12
stipulated protective order submitted to the court.
13
14
15
16
12.
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.
17
12.2 Right to Assert Other Objections. By stipulating to the entry of this
18
Protective Order no Party waives any right it otherwise would have to object to
19
disclosing or producing any information or item on any ground not addressed in
20
this Stipulated Protective Order. Similarly, no Party waives any right to object on
21
any ground to use in evidence of any of the material covered by this Protective
22
Order.
23
12.3 Filing Protected Material. Without written permission from the
24
Designating Party or a Court order secured after appropriate notice to all interested
25
Parties, a Party may not file in the public record in this Action any Protected
26
Material. A Party that seeks to file under seal any Protected Material must comply
27
with Civil Local Rule 79-5. Protected Material may only be filed under seal
28
pursuant to a court order authorizing the sealing of the specific Protected Material
14
[PROPOSED] ORDER
1
at issue. If a Party's request to file Protected Material under seal is denied by the
2
court, then the Receiving Party may file the information in the public record unless
3
otherwise instructed by the court.
4
5
13.
FINAL DISPOSITION
6
After the final disposition of this Action, as defined in paragraph 4, within
7
60 days of a written request by the Designating Party, each Receiving Party must
8
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,
10
compilations, summaries, and any other format reproducing or capturing any of the
11
Protected Material. Whether the Protected Material is returned or destroyed, the
12
Receiving Party must submit a written certification to the Producing Party (and, if
13
not the same person or entity, to the Designating Party) by the 60 day deadline that
14
(1) identifies (by category, where appropriate) all the Protected Material that was
15
returned or destroyed and (2) affirms that the Receiving Party has not retained any
16
copies, abstracts, compilations, summaries or any other format reproducing or
17
capturing any of the Protected Material. Notwithstanding this provision, Counsel
18
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).
24
///
25
///
26
///
27
///
28
///
15
[PROPOSED] ORDER
1
14.
Any violation of this Order may be punished by any and all appropriate
2
measures including, without limitation, contempt proceedings and/or monetary
3
sanctions.
4
5
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
6
7
Dated: June 21, 2017
/s/C. Yong Jeong
C. Yong Jeong
Jesse Yanco
JEONG & LIKENS, L.C.
Attorneys for Plaintiff
Dated: June 21, 2017
/s/Robert J. Parks
Robert J Parks
Parks and Solar LLP
Attorneys for all named Defendants
8
9
10
11
12
13
14
15
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
16
17
DATED: June 21, 2017
18
19
20
_____________________________________
Honorable John E. McDermott
United States Magistrate Judge
21
22
23
24
25
26
27
28
16
[PROPOSED] ORDER
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, _____________________________ [print or type full name], of
4
_________________ [print or type full address], declare under penalty of perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
was issued by the United States District Court for the Central District of California
7
on [date] in the case of UNICOLORS, INC. v. G-III LEATHER FASHIONS, INC
8
ET AL 2:17-cv-01287-FMO-JEM. I agree to comply with and to be bound by all
9
the terms of this Stipulated Protective Order and I understand and acknowledge
10
that failure to so comply could expose me to sanctions and punishment in the
11
nature of contempt. I solemnly promise that I will not disclose in any manner any
12
information or item that is subject to this Stipulated Protective Order to any person
13
or entity except in strict compliance with the provisions of this Order.
14
I further agree to submit to the jurisdiction of the United States District Court for
15
the Central District of California for the purpose of enforcing the terms of this
16
Stipulated Protective Order, even if such enforcement proceedings occur after
17
termination of this action. I hereby appoint __________________________ [print
18
or type full name] of _______________________________________ [print or
19
type full address and telephone number] as my California agent for service of
20
process in connection with this action or any proceedings related to enforcement of
21
this Stipulated Protective Order.
22
Date: ______________________________________
23
City and State where sworn and signed: _________________________________
24
25
26
Printed name: _______________________________
Signature: __________________________________
27
28
17
[PROPOSED] ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?