Unicolors, Inc. v. Gill Leather Fashions, Inc., et al

Filing 39

STIPULATED PROTECTIVE ORDER by Magistrate Judge John E. McDermott 38 . (san)

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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

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