Corrugated Synergies International, LLC v. Goldencorr Sheets, LLC

Filing 37

STIPULATION AND PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg. re Stipulation for Protective Order 35 . (See Order for Further Details) (kl)

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Cindy G. Flynn, SBN #151812
[e-mail]
C. Scott Penner, SBN #124826
[e-mail]

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff/Counterdefendants
Michael Hornak, SBN #81936
[e-mail]
Justine Kastan, SBN #287072
[e-mail]
RUTAN & TUCKER, LLP
Five Palo Alto Square
3000 El Camino Real, Ste. 200
Palo Alto, CA 94306-9814
Attorneys for Defendants/Counterclaimants

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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CORRUGATED SYNERGIES
INTERNATIONAL, LLC, a
Washington Limited Liability
Company,

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STIPULATION AND
PROTECTIVE ORDER

Plaintiff,

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NO. 2:17-cv-1423 FMO-AGR

v.
GOLDENCORR SHEETS, LLC,
formerly known as LACORR
PACKAGING LLC, a California
Limited Liability Company; JEFF
ERSELIUS, an individual, ,

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Defendants.
STIPULATION AND PROTECTIVE ORDER – 1
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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GOLDENCORR SHEETS, LLC, a
California limited liability company,
Counterclaimant,

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v.
JOHN PERULLO, an individual;
CORRUGATED SYNERGIES
INTERNATIONAL , LLC, a
Washington limited liability company,
Counterdefendants

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1.

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

PURPOSES AND LIMITATIONS

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proprietary or private information for which special protection from public

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disclosure and from use for any purpose other than pursuing this litigation may

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be warranted. Accordingly, the parties hereby stipulate to and petition the Court

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to enter the following Stipulated Protective Order. The parties acknowledge that

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this Order does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords from public disclosure and use

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extends only to the limited information or items that are entitled to confidential

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treatment under the applicable legal principles.

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2.

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This action is likely to involve customer agreements and other

GOOD CAUSE STATEMENT

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commercial, financial, technical and/or proprietary information for which

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special protection from public disclosure and from use for any purpose other

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than prosecution of this action is warranted. Such confidential and proprietary

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materials and information consist of, among other things, confidential business

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or financial information, information regarding confidential business practices,
STIPULATION AND PROTECTIVE ORDER – 2
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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or other commercial information (including information implicating privacy
rights of third parties), information otherwise generally unavailable to the
public, or which may be privileged or otherwise protected from disclosure under
state or federal statutes, court rules, case decisions, or common law.
Accordingly, to expedite the flow of information, to facilitate the prompt
resolution of disputes over confidentiality of discovery materials, to adequately
protect information the parties are entitled to keep confidential, to ensure that
the parties are permitted reasonable necessary uses of such material in
preparation for and in the conduct of trial, to address their handling at the end of
the litigation, and serve the ends of justice, a protective order for such
information is justified in this matter. It is the intent of the parties that
information will not be designated as confidential for tactical reasons and that
nothing be so designated without a good faith belief that it has been maintained
in a confidential, non-public manner, and there is good cause why it should not
be part of the public record of this case.
3.

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ACKNOWLEDGMENT OF UNDER SEAL FILING
PROCEDURE

The parties further acknowledge, as set forth in Section 12.3, below, that
this Stipulated Protective Order does not entitle them to file confidential
information under seal; Local Civil Rule 79-5 sets forth the procedures that must
be followed and the standards that will be applied when a party seeks permission
from the court to file material under seal. There is a strong presumption that the
public has a right of access to judicial proceedings and records in civil cases. In
connection with nondispositive motions, good cause must be shown to support a
filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172,
1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11
STIPULATION AND PROTECTIVE ORDER – 3
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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(9th Cir. 2002), Makar-Wellbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577
(E.D. Wis. 1999) (even stipulated protective orders require good cause
showing), and a specific showing of good cause or compelling reasons with
proper evidentiary support and legal justification, must be made with respect to
Protected Material that a party seeks to file under seal. The parties’ mere
designation of Disclosure or Discovery Material as CONFIDENTIAL does
not— without the submission of competent evidence by declaration, establishing
that the material sought to be filed under seal qualifies as confidential,
privileged, or otherwise protectable—constitute good cause.
Further, if a party requests sealing related to a dispositive motion or trial,
then compelling reasons, not only good cause, for the sealing must be shown,
and the relief sought shall be narrowly tailored to serve the specific interest to be
protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
2010). For each item or type of information, document, or thing sought to be
filed or introduced under seal in connection with a dispositive motion or trial,
the party seeking protection must articulate compelling reasons, supported by
specific facts and legal justification, for the requested sealing order. Again,
competent evidence supporting the application to file documents under seal must
be provided by declaration.
Any document that is not confidential, privileged, or otherwise
protectable in its entirety will not be filed under seal if the confidential portions
can be redacted. If documents can be redacted, then a redacted version for
public viewing, omitting only the confidential, privileged, or otherwise
protectable portions of the document, shall be filed. Any application that seeks
to file documents under seal in their entirety should include an explanation of
why redaction is not feasible.
STIPULATION AND PROTECTIVE ORDER – 4
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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4.

DEFINITIONS

4.1

Action: this pending federal lawsuit.

4.2

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

designation of information or items under this Order.
4.3

“CONFIDENTIAL” Information or Items: information (regardless

of how it is generated, stored or maintained) or tangible things that qualify for
protection under Federal Rule of Civil Procedure 26(c), and as specified above
in the Good Cause Statement.
4.4

“HIGHLY CONFIDENTIAL – COUNSELS’ EYES ONLY”

Information or Items: extremely sensitive “CONFIDENTIAL” information or
items, the disclosure of which to another Party or Non-Party would create a
substantial risk of serious harm that could not be avoided by less restrictive
means.
4.5

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

their support staff). Counsel does not include any person or entity who, on and
after the date this Action began, is or was one of the following: named plaintiff,
defendant, or counterdefendant to this Action, including all of its officers,
directors, employees, and members and their officers, directors, or employees.
4.6

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

or items that it produces in disclosures or in responses to discovery as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – COUNSELS’ EYES
ONLY.”
4.7

Disclosure or Discovery Material: all items or information,

regardless of the medium or manner in which it is generated, stored, or
maintained (including, among other things, testimony, transcripts, and tangible

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STIPULATION AND PROTECTIVE ORDER – 5
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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things), that are produced or generated in disclosures or responses to discovery
in this matter.
4.8

Expert: a person with specialized knowledge or experience in a

matter pertinent to the litigation who has been retained by a Party or its counsel
to serve as an expert witness or as a consultant in this Action.
4.9

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

Action (as well as their support staff). House Counsel does not include Outside
Counsel of Record, any other outside counsel.
4.10 Non-Party: any natural person, partnership, corporation, association
or other legal entity not named as a Party to this action.
4.11 Outside Counsel of Record: attorneys who are not employees of a
party to this Action, or a party to this Action, but are retained to represent or
advise a party to this Action and have appeared in this Action on behalf of that
party or are affiliated with a law firm that has appeared on behalf of that party,
and includes support staff. Outside Counsel does not include any person or
entity who, on and after the date this Action began, is or was one of the
following: named plaintiff, defendant, or counterdefendant to this Action,
including all of its officers, directors, employees, and members and their
officers, directors, or employees.
4.12 Party: any party to this Action, including all of its officers,
directors, employees, consultants, retained experts, and Outside Counsel of
Record (and their support staffs).
4.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
4.14 Professional Vendors: persons or entities that provide litigation
support services (e.g., photocopying, videotaping, translating, preparing exhibits
STIPULATION AND PROTECTIVE ORDER – 6
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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or demonstrations, and organizing, storing, or retrieving data in any form or
medium) and their employees and subcontractors.
4.15 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
COUNSELS’ EYES ONLY.”
4.16 Receiving Party: a Party that receives Disclosure or Discovery
Material from a Producing Party.
5.

SCOPE

The protections conferred by this Stipulation and Order cover not only
Protected Material (as defined above), but also (1) any information copied or
extracted from Protected Material; (2) all copies, excerpts, summaries, or
compilations of Protected Material; and (3) any testimony, conversations, or
presentations by Parties or their Counsel that might reveal Protected Material.
The protections conferred by this Stipulation and Order, however, do not cover
the following information: (a) any information that is in the public domain at the
time of disclosure to a Receiving Party or becomes part of the public domain
after its disclosure to a Receiving Party as a result of publication not involving a
violation of this Order, including becoming part of the public record through
trial or otherwise; and (b) any information known to the Receiving Party prior to
the disclosure or being obtained by the Receiving Party after the disclosure from
a source who obtained the information lawfully and under no obligation of
confidentiality to the Designating Party.
Any use of Protected Material at trial shall be governed by the orders of
the trial judge. This Order does not govern the use of Protected Material at trial.

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STIPULATION AND PROTECTIVE ORDER – 7
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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6.

DURATION

Once a case proceeds to trial, information that was designated as
CONFIDENTIAL or maintained pursuant to this protective order used or
introduced as an exhibit at trial becomes public and will be presumptively
available to all members of the public, including the press, unless compelling
reasons supported by specific factual findings to proceed otherwise are made to
the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
(distinguishing “good cause” showing for sealing documents produced in
discovery from “compelling reasons” standard when merits-related documents
are part of court record). Accordingly, the terms of this protective order do not
extend beyond the commencement of the trial.
7.

DESIGNATING PROTECTED MATERIAL

7.1

Exercise of Restraint and Care in Designating Material for

Protection.
Each Party or Non-Party that designates information or items for
protection under this Order must take care to limit any such designation to
specific material that qualifies under the appropriate standards. The Designating
Party must designate for protection only those parts of material, documents,
items or oral or written communications that qualify so that other portions of the
material, documents, items or communications for which protection is not
warranted are not swept unjustifiably within the ambit of this Order.
Mass, indiscriminate or routinized designations are prohibited.
Designations that are shown to be clearly unjustified or that have been made for
an improper purpose (e.g., to unnecessarily encumber the case development
process or to impose unnecessary expenses and burdens on other parties) may
expose the Designating Party to sanctions.
STIPULATION AND PROTECTIVE ORDER – 8
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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If it comes to a Designating Party’s attention that information or items
that it designated for protection do not qualify for protection, that Designating
Party must promptly notify all other Parties that it is withdrawing the
inapplicable designation.
7.2

in this Order (see, e.g., second paragraph of section 5.2(a) below), or as
otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies
for protection under this Order must be clearly so designated before the material
is disclosed or produced.
Designation in conformity with this Order requires:

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Manner and Timing of Designations. Except as otherwise provided

(a) for information in documentary form (e.g., paper or electronic
documents, but excluding transcripts of depositions or other pretrial or trial
proceedings), that the Producing Party affix at a minimum, the legend
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – COUNSELS’ EYES
ONLY” to each page that contains protected material. If only a portion of the
material on a page qualifies for protection, the Producing Party also must clearly
identify the protected portion(s) (e.g., by making appropriate markings in the
margins).
A Party or Non-Party that makes original documents available for
inspection need not designate them for protection until after the inspecting Party
has indicated which documents it would like copied and produced. During the
inspection and before the designation, all of the material made available for
inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
identified the documents it wants copied and produced, the Producing Party
must determine which documents, or portions thereof, qualify for protection
under this Order. Then, before producing the specified documents, the
STIPULATION AND PROTECTIVE ORDER – 9
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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Producing Party must affix the “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – COUNSELS’ EYES ONLY” legend to each page that
contains Protected Material. If only a portion of the material on a page qualifies
for protection, the Producing Party also must clearly identify the protected
portion(s) (e.g., by making appropriate markings in the margins).

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(b) for testimony given in depositions that the Designating Party
identifies the Disclosure or Discovery Material on the record, before the close of
the deposition all protected testimony.

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(c) for information produced in some form other than documentary
and for any other tangible items, that the Producing Party affix in a prominent
place on the exterior of the container or containers in which the information is
stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY.” If only a portion or portions of the information
warrants protection, the Producing Party, to the extent practicable, shall identify
the protected portion(s).
7.3

Inadvertent Failures to Designate. If timely corrected, an

inadvertent failure to designate qualified information or items does not, standing
alone, waive the Designating Party’s right to secure protection under this Order
for such material. Upon timely correction of a designation, the Receiving Party
must make reasonable efforts to assure that the material is treated in accordance
with the provisions of this Order.
8.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

8.1.

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

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

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STIPULATION AND PROTECTIVE ORDER – 10
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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8.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37-1 et seq.
8.3

Joint Stipulation. Any challenge submitted to the Court shall be via

a joint stipulation pursuant to Local Rule 37-2.
8.4

The burden of persuasion in any such challenge proceeding shall be

on the Designating Party. Frivolous challenges, and those made for an improper
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
parties) may expose the Challenging Party to sanctions. Unless the Designating
Party has waived or withdrawn the confidentiality designation, all parties shall
continue to afford the material in question the level of protection to which it is
entitled under the Producing Party’s designation until the Court rules on the
challenge.
9.

ACCESS TO AND USE OF PROTECTED MATERIAL

9.1

Basic Principles. A Receiving Party may use Protected Material

that is disclosed or produced by another Party or by a Non-Party in connection
with this Action only for prosecuting, defending or attempting to settle this
Action. Such Protected Material may be disclosed only to the categories of
persons and under the conditions described in this Order. When the Action has
been terminated, a Receiving Party must comply with the provisions of section
15 below (FINAL DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at
a location and in a secure manner that ensures that access is limited to the
persons authorized under this Order.
9.2 Disclosure of “CONFIDENTIAL” Information or Items . Unless
otherwise ordered by the court or permitted in writing by the Designating Party, a
Receiving Party may disclose any information or item designated
STIPULATION AND PROTECTIVE ORDER – 11
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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“CONFIDENTIAL” only to:

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(a) the Receiving Party’s Outside Counsel of Record in this Action,
as well as employees of said Outside Counsel of Record to whom it is reasonably
necessary to disclose the information for this Action;

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(b) the officers, directors, employees, and LLC members and their
officers, directors, members, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;

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(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);

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(d) the court and its personnel;

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(e) private court reporters and their staff to whom disclosure is
reasonably necessary for this Action and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(f) professional jury or trial consultants, mock jurors, and
Professional Vendors to whom disclosure is reasonably necessary for this Action
and who have signed the “Acknowledgment and Agreement to Be Bound”
(Exhibit A);

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(g) the author or recipient of a document containing the information
or a custodian or other person who otherwise possessed or knew the
information;

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(h) during their depositions, witnesses, and attorneys for witnesses,
in the Action to whom disclosure is reasonably necessary provided: (1) the
deposing party requests that the witness sign the form attached as Exhibit A
hereto; and (2) they will not be permitted to keep any confidential information
unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit
STIPULATION AND PROTECTIVE ORDER – 12
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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A), unless otherwise agreed by the Designating Party or ordered by the court.
Pages of transcribed deposition testimony or exhibits to depositions that reveal
Protected Material may be separately bound by the court reporter and may not
be disclosed to anyone except as permitted under this Stipulated Protective
Order; and

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(i) any mediators or settlement officers and their supporting
personnel, mutually agreed upon by any of the parties engaged in settlement
discussions.
9.3

Disclosure of “HIGHLY CONFIDENTIAL – COUNSELS ’ EYES

ONLY” Inf o rmat i on o r Items . Unless otherwise ordered by the court or
permitted in writing by the Designating Party, a Receiving Party may disclose
any information or item designated “HIGHLY CONFIDENTIAL –
COUNSELS’ EYES ONLY” only to:
(a) the Receiving Party’s Outside Counsel of Record in this Action, as
well as employees of said Outside Counsel of Record to whom it is reasonably
necessary to disclose the information for this Action;
(b) 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);
(c) the court and its personnel;
(d) private court reporters and their staff to whom disclosure is
reasonably necessary for this Action and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(e) professional jury or trial consultants, mock jurors, and Professional
Vendors to whom disclosure is reasonably necessary for this Action and who
have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
STIPULATION AND PROTECTIVE ORDER – 13
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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(f) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information; and
(g) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
For the avoidance of doubt, information or items designated “HIGHLY
CONFIDENTIAL – FOR COUNSELS’ EYES ONLY” may not be disclosed to
any person or entity who, on and after the date this Action began, is or was one
of the following: named plaintiff, defendant, or counterdefendant to this Action,
including all of its officers, directors, employees, and members and their
officers, directors, or employees, except as provided in Section 9.3, subsection
(f), above.
10.

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PRODUCED IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other
litigation that compels disclosure of any information or items designated in this
Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – COUNSELS’
EYES ONLY,” that Party must:

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(a) promptly notify in writing the Designating Party. Such
notification shall include a copy of the subpoena or court order;

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(b) promptly notify in writing the party who caused the subpoena or
order to issue in the other litigation that some or all of the material covered by
the subpoena or order is subject to this Protective Order. Such notification shall
include a copy of this Stipulated Protective Order; and

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PROTECTED MATERIAL SUBPOENAED OR ORDERED

(c) cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may be affected.

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STIPULATION AND PROTECTIVE ORDER – 14
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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If the Designating Party timely seeks a protective order, the Party served
with the subpoena or court order shall not produce any information designated in
this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” before a determination by the court from which
the subpoena or order issued, unless the Party has obtained the Designating
Party’s permission. The Designating Party shall bear the burden and expense of
seeking protection in that court of its confidential material and nothing in these
provisions should be construed as authorizing or encouraging a Receiving Party
in this Action to disobey a lawful directive from another court.
11.

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PRODUCED IN THIS LITIGATION

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(a) The terms of this Order are applicable to information produced
by a Non-Party in this Action and designated as “CONFIDENTIAL” OR
“HIGHLY CONFIDENTIAL – COUNSELS’ EYES ONLY.” Such information
produced by Non-Parties in connection with this litigation is protected by the
remedies and relief provided by this Order. Nothing in these provisions should
be construed as prohibiting a Non-Party from seeking additional protections.

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(b) In the event that a Party is required, by a valid discovery
request, to produce a Non-Party’s confidential information in its possession, and
the Party is subject to an agreement with the Non-Party not to produce the NonParty’s confidential information, then the Party shall:

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A NON-PARTY’S PROTECTED MATERIAL SOUGH T TO BE

(1) promptly notify in writing the Requesting Party and the NonParty that some or all of the information requested is subject to a confidentiality
agreement with a Non-Party;

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STIPULATION AND PROTECTIVE ORDER – 15
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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(2) promptly provide the Non-Party with a copy of the Stipulated
Protective Order in this Action, the relevant discovery request(s), and a
reasonably specific description of the information requested; and

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(3) make the information requested available for inspection by the
Non-Party, if requested.

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(c) If the Non-Party fails to seek a protective order from this court
within 14 days of receiving the notice and accompanying information, the
Receiving Party may produce the Non-Party’s confidential information
responsive to the discovery request. If the Non-Party timely seeks a protective
order, the Receiving Party shall not produce any information in its possession or
control that is subject to the confidentiality agreement with the Non-Party before
a determination by the court. Absent a court order to the contrary, the NonParty shall bear the burden and expense of seeking protection in this court of its
Protected Material.
12.

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UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL

If a Receiving Party learns that, by inadvertence or otherwise, it has
disclosed Protected Material to any person or in any circumstance not authorized
under this Stipulated Protective Order, the Receiving Party must immediately (a)
notify in writing the Designating Party of the unauthorized disclosures, (b) use
its best efforts to retrieve all unauthorized copies of the Protected Material, (c)
inform the person or persons to whom unauthorized disclosures were made of all
the terms of this Order, and (d) request such person or persons to execute the
“Acknowledgment and Agreement to Be Bound” attached hereto as Exhibit A.

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STIPULATION AND PROTECTIVE ORDER – 16
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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13.

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INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain
inadvertently produced material is subject to a claim of privilege or other
protection, the obligations of the Receiving Parties are those set forth in Federal
Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
whatever procedure may be established in an e-discovery order that provides for
production without prior privilege review. Pursuant to Federal Rule of Evidence
502(d) and (e), insofar as the parties reach an agreement on the effect of
disclosure of a communication or information covered by the attorney-client
privilege or work product protection, the parties may incorporate their
agreement in the stipulated protective order submitted to the court.
14.

MISCELLANEOUS

14.1 Right to Further Relief. Nothing in this Order abridges the right of
any person to seek its modification by the Court in the future.
14.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective Order, no Party waives any right it otherwise would have to object to
disclosing or producing any information or item on any ground not addressed in
this Stipulated Protective Order. Similarly, no Party waives any right to object
on any ground to use in evidence of any of the material covered by this
Protective Order.
14.3 Filing Protected Material. A Party that seeks to file under seal any
Protected Material must comply with Local Civil Rule 79-5. Protected Material
may only be filed under seal pursuant to a court order authorizing the sealing of
the specific Protected Material at issue. If a Party’s request to file Protected

26

STIPULATION AND PROTECTIVE ORDER – 17
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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Material under seal is denied by the court, then the Receiving Party may file the
information in the public record unless otherwise instructed by the court.
15.

FINAL DISPOSITION

After the final disposition of this Action, as defined in paragraph 6, within
60 days of a written request by the Designating Party, each Receiving Party
must return all Protected Material to the Producing Party or destroy such
material. As used in this subdivision, “all Protected Material” includes all
copies, abstracts, compilations, summaries, and any other format reproducing or
capturing any of the Protected Material. Whether the Protected Material is
returned or destroyed, the Receiving Party must submit a written certification to
the Producing Party (and, if not the same person or entity, to the Designating
Party) by the 60-day deadline that (1) identifies (by category, where appropriate)
all the Protected Material that was returned or destroyed and (2) affirms that the
Receiving Party has not retained any copies, abstracts, compilations, summaries
or any other format reproducing or capturing any of the Protected Material.
Notwithstanding this provision, Counsel are entitled to retain an archival copy of
all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
memoranda, correspondence, deposition and trial exhibits, expert reports,
attorney work product, and consultant and expert work product, even if such
materials contain Protected Material. Any such archival copies that contain or
constitute Protected Material remain subject to this Protective Order as set forth
in Section 6 (DURATION).
//
//
//

26

STIPULATION AND PROTECTIVE ORDER – 18
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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16.

VIOLATION

Any violation of this Order may be punished by appropriate measures
including, without limitation, contempt proceedings and/or monetary sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: May 19, 2017

Dated: May 19, 2017

CARNEY BADLEY SPELLMAN

RUTAN & TUCKER, LLP

/s/ Cindy G. Flynn
Cindy G. Flynn, SBN #151812
C. Scott Penner, SBN #124826
Attorneys for
Plaintiff/Counterdefendants

/s/ Justine Kastan
Michael Hornak, SBN #81936
Justine Kastan, SBN #287072
Attorneys for
Defendants/Counterclaimants

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: May 30. 2017
ALICIA G. ROSENBERG
United States Magistrate Judge

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STIPULATION AND PROTECTIVE ORDER – 19
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]

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EXHIBIT A: ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

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[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

in the case

of CORRUGATED SYNERGIES

INTERNATIONAL. LLC, a Washington Limited Liability Company, Plaintiff, v.

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GOLDENCORR SHEETS. LLC, formerly known as LACORR PACKAGING LLC, a

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California Limited Liability Company; JEFF ERSELIUS, an individual, Defendants, and

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related Counterclaims, Case No.2:17- cv-1423 FMO-AGR. I agree to comply with and to be

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bound by all the terms of this Stipulated Protective Order and I understand and acknowledge

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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

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that is subject to this Stipulated Protective Order to any person or entity except in strict

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compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the

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United States District Court for the Central District of California for the purpose of enforcing

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the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action. I hereby appoint

[print or type full name] of

[print or type full address and phone number] as my California agent for

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service of process in connection with this action or any proceedings related to enforcement of
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this Stipulated Protective Order.

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Dated:

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City and State where sworn and signed:

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Printed name:

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Signature:

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STIPULATION AND PROTECTIVE ORDER – 20
COR025-0008

CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
[phone]