Tuxton China, Inc. v. The Oneida Group Inc.

Filing 45

PROTECTIVE ORDER by Magistrate Judge Charles F. Eick re Stipulation for Protective Order 44 . (sp)

Case ; 17-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 1 of 16 Page ID #:945

FOX ROTHSCHILD LLP
John Shaeffer(SBN 138331)
Jeff Grant(SBN 218974)
2
10250 Constellation Blvd., Suite 900
3 Los Angeles, CA 90067
Telephone [phone]
4 Facsimile 310.556.9828
E-mail: jshaeffer@fo~othschild.com
5 E-mail: [e-mail]
1

6

Attorneys for Plaintiff and Counter-defendant
TUXTON CHINA,INC.

7
HOLLAND &KNIGHT LLP
Vito A. Costanzo(SBN 132754)
Stacey H. Wang(SBN 245195)
9 400 South Ho e Street, 8th Floor
Los Angeles, California 90071
10 Telephone [phone]
Facsimile 213.896.2450
1 1 E-mail: vito.costanzoC~hklaw.com
E-mail: stacey.wang klaw.com
12
Attorneys for Defendant and Counter-plaintiff
13 THE ONEIDA GROUP,INC.
8

14
UNITED STATES DISTRICT COURT
15
CENTRAL DISTRICT OF CALIFORNIA
16
17. TUXTON CHINA,INC.,
Plaintiff,

18
19
2
0

Case No. 2:17-CV-02996-SVW-E

vs.
THE ONEIDA GROUP,INC.,

STIPULATION FOR
PROTECTIVE ORDER
GOVERNING CONFIDENTIAL
INFORMATION

Defendant.

21
22

THE ONEIDA GROUP,INC.,
23

Complaint Filed: Apri120, 2017
Trial Date: February 20, 2018

Counter-plaintiff,
2
4
vs.
25
TUXTON CHINA,INC.,
2
6
Counter-defendant.
27
28

1
STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION

Case ~~17-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 2 of 16 Page ID #:946

1.

PURPOSES AND LIMITATIONS AND GOOD CAUSE STATEMENT

2

A
.

PURPOSES AND LIMITATIONS

3

Disclosure and discovery activity in this action are likely to involve

4 production of confidential, proprietary, or private information for which special
5 protection from public disclosure and from use for any purpose other than
6 prosecuting this litigation may be warranted. Accordingly, the parties hereby
7 stipulate to and petition the court to enter the following Stipulated Protective Order.
8

The parties further acknowledge, as set forth in Section 11.3, below, that this

9 Stipulated Protective Order does not entitle them to file confidential information
10 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
1 1 and the standards that will be applied when a party seeks permission from the court
12 to file material under seal.
13

B
.

GOOD CAUSE STATEMENT

14

This action is likely to involve trade secrets and other valuable research,

15~ development, commercial, financial, technical, and/or proprietary information for
16 which special protection from public disclosure and from use for any purpose other
17 than prosecution of this action is warranted. Such confidential and proprietary
18 materials and information consist of, among other things, confidential business or
inancial information, information regarding confidential business practices, or
19 f
2 other confidential research, development, or commercial information (including
0
21 information implicating privacy rights of third parties), information otherwise
2 generally unavailable to the public, or which may be privileged or otherwise
2
23 protected from disclosure under state or federal statutes, court rules, case decisions,
2 or common law. Accordingly, to expedite the flow of information, to facilitate the
4
25 prompt resolution of disputes over confidentiality of discovery materials, to
2 adequately protect information the parties are entitled to keep confidential, to
6
27 ensure that the parties are permitted reasonable necessary uses of such material in
28 preparation for and in the conduct oftrial, to address their handling at the end ofthe
1
STIPULATION FOR PROTECTIVE ORDER GOVERr1ING CONFIDENTIAL
INFORMATION

Case ; 17-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 3 of 16 Page ID #:947

1 litigation, and serve the ends ofjustice, a protective order for such information is
2 justified in this matter.
.
3 2

DEFINITIONS

4

2.1

Action: the above-captioned federal civil action.

5

2
.2

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

6 designation of information or items under this Order.
7

2
.3

Counsel: Outside Counsel ofRecord and In-House Counsel (as well

8 as their support staff.
9

2
.4

Desi_n~ sting Party: a Party or Non-Party that designates information or

10 items that it produces in disclosures or in responses to discovery as
CONFIDENTIAL" or "CONFIDENTIALAEO."
11 "
12

2
.5

Disclosure or Discovery Material: all items or information, regardless

13 ~fthe medium or manner in which it is generated, stored, or maintained (including,
14 among other things, testimony, transcripts, and tangible things), that are provided,
15 produced, or generated in relation to the claims and disputes in this matter or in
16 disclosures or responses to discovery in this matter.
17

2
.6

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

18 pertinent to the litigation who has been retained by a Party or its counsel to serve as
19 ~n expert witness or as a consultant in this Action.
2
0

2
.7

In-House Counsel: attorneys, barristers or solicitors who are

21 employees of a party to this Action
22

2
.8

Non-Party: any natural person, partnership, corporation, association,

23 or other legal entity not named as a Pariy to this action.
2
4

2
.9

Outside Counsel ofRecord: attorneys who are not employees of a

25 party to this Action but are retained to represent or advise a party to this Action and
2 have appeared in this Action on behalf ofthat party or are affiliated with a law firm
6
27 that has appeared on behalf of that party, and includes support staff.
28

2
.10 etP

: any party to this Action, including all of its officers, directors,

2
STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION

Case ~~17-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 4 of 16 Page ID #:948

1 ~ ~ employees, consultants, retained experts, and Outside Counsel of Record (and their
2 support staffs).
2
.11 Producin„g Party: a Party or Non-Party that produces Disclosure or

3

4 Discovery Material in this Action.
2
.12 Professional Vendors: persons or entities that provide litigation

5

6 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
7 demonstrations, and organizing, storing, or retrieving data in any form or medium)
8 and their employees and subcontractors.
2
.13 Protected Material: any Disclosure or Discovery Material that is

9

10 designated as "CONFIDENTIAL" or "CONFIDENTIAL AEO."
2
.14 Receiving Party: a Party that receives Disclosure or Discovery

11

12 Material from a Producing Party.
.
13 3

SCOPE

14

3.1

To the extent either Party produces documents, materials or

15 information during discovery that contain trade secrets or other confidential and
16 proprietary business information that is not publicly available, such documents or
17 materials shall be clearly marked as "CONFIDENTIAL" at the time production
18 occurs.
19

3.2

If a party reasonably believes that the particular confidential

2 documents, materials or information to be produced or disclosed is of such a highly
0
21 sensitive nature that their disclosure should be limited only to Counsel, Experts,
22 Professional Vendors, and the Court, that party shall clearly mark such documents,
23 materials or information as "CONFIDENTIAL — AEO."
2
4

3.3

Protected Materials shall not be used by any party except in the

25 preparation for, trial of, or conduct of other proceedings in this litigation or as
2 otherwise agreed to in writing by the parties or ordered by the Court. This Order
6
27 has no effect on and shall not apply to a Producing Party's use of its own Protected
28 ~ Material for any purpose.
3
STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION

Case ; 17-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 5 of 16 Page ID #:949

3.4

1

Protected Materials may include (a)such documents, materials or

2 information;(b) all copies, extracts and complete or partial summaries prepared
rom such documents, materials or information;(c) portions of deposition
3 f
4 transcripts and exhibits thereto which contain or reflect the content of any such
5 documents, materials or information, or copies, extracts or summaries thereof;(d)
6 portions of briefs, memoranda or any other writing filed with the Court and exhibits
7 thereto which contain or reflect the content of any such documents, materials or
8 information, or copies, extracts or summaries thereof; and(d)testimony taken at a
9 hearing or other proceeding that refers or relates to such documents, materials or
10 information, consistent with Section 7 below.
Any use ofProtected Material at trial shall be governed by a separate

11

12 agreement or order ofthe trial judge. This Order does not govern the use of
13 Protected Material at trial.
.
14 4

DURATION

15

Even after final disposition ofthis litigation, the confidentiality obligations

16 imposed by this Order shall remain in effect until a Designating Party agrees
17 otherwise in writing or a court order otherwise directs. Final disposition shall be
18 deemed to be the later of(1) dismissal of all claims and defenses in this action, with
19 or without prejudice; and (2)final judgment herein after the completion and
2 e~austion of all appeals, rehearings, remands, trials, or reviews of this Action,
0
21 including the time limits for filing any motions or applications for extension oftime
2 pursuant to applicable law.
2
.
23 5

DESIGNATING PROTECTED MATERIAL

4
2

5.1

Manner and Timing of Designations. Except as otherwise provided in

25 this Order (see, e.g., second paragraph of section 5.1(a) below), or as otherwise
2 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
6
27 under this Order must be clearly so designated before the material is disclosed or
28 ~ produced.
4
STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION

Case ; 17-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 6 of 16 Page ID #:950

1
2

Designation in conformity with this Order requires:
(
a)

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

3

documents, but excluding transcripts of depositions or other pretrial or

4

trial proceedings), that the Producing Party affix the legend

5

"
CONFIDENTIAL" or "CONFIDENTIAL—AEO"to each page that

6

contains protected material. If only a portion or portions ofthe

7

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

8

must clearly identify the protected portions)(e.g., by making

9

appropriate markings in the margins).

10

(
b)

for testimony given in depositions that the Designating Party identify

11

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

12

the deposition all protected testimony.

13

(
c)

for information produced in some form other than documentary and

14

f any other tangible items, that the Producing Party affix in a
or

15

prominent place on the media or the exterior ofthe container or

16

containers in which the information is stored the legend

17

CONFIDENTIAL." If only a portion or portions ofthe information
"

18

warrants protection, the Producing Party, to the extent practicable,

19

shall identify the protected portion(s).
Inadvertent Failures to Desi~.

2
0

5.2

21

An inadvertent failure to designate qualified information or items does not,

22 standing alone, waive the Designating Party's right to secure protection under this
23 order for such material. Upon receiving notice of a correction of a designation, the
2 EZeceiving Party must make reasonable efforts to assure that the material is treated
4
25 n accordance with the provisions of this Order. No Party shall be held in breach of j
2 this Order if, prior to notification of such later designation, such produced material
6
27 had been disclosed or used in a manner inconsistent with such later designation.
~ The Producing Party shall provide substitute copies bearing the corrected
5
STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION

Case ; 17-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 7 of 16 Page ID #:951

1 designation. The Receiving Party shall return or certify the destruction ofthe
2 undesignated produced material.
.
3 6

CHALLENGING CONFIDENTIALITY DESIGNATIONS

4

6.1

Timin~of Challen~. Any Party or Non-Party may challenge a

5 designation of confidentiality at any time. The failure to challenge a designation of
6 confidentiality at the time such designation is made shall not preclude or prejudice a
7 subsequent challenge.
6.2

8

Meet and Confer. The Challenging Party shall initiate the dispute

9 resolution process under Local Rule 37.1 et seq.
6.3

10

The burden of persuasion in any such challenge proceeding shall be on

1 1 the, Designating Party. Frivolous challenges, and those made for an improper
12 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
13 parties) may expose the Challenging Party to sanctions. Unless the Designating
14 Party has waived or withdrawn the confidentiality designation, Parties shall
15 continue to afford the material in question the level of protection to which it is
16 entitled under the Producing Party's designation until the Court rules on the
17 challenge.
.
18 7

ACCESS TO AND USE OF PROTECTED MATERIAL

19

7.1

2
0

A Receiving Party may use Protected Material that is disclosed or produced

Basic Principles.

21 ~y another Party or by a Non-Party in connection with this Action only for
22 prosecuting, defending, or attempting to settle this Action. Such Protected Material
23 nay be disclosed only to the categories of persons and under the conditions
24 iescribed in this Order. If an additional entity becomes a Party or is joined in this
25 fiction, the newly joined Party shall not have access to Protected Material disclosed
2 or produced in connection with this Action until all Parties agree to a supplemental
6
27 Order governing the protection ofProtected Material. When the Action has been
28 terminated, a Receiving Party must comply with the provisions of Section 13 below
6
STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION

Case

17-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 8 of 16 Page ID #:952

1 (FINAL DISPOSITION).
2

Protected Material must be stored and maintained by a Receiving Party at a

3 location and in a secure manner that ensures that access is limited to the persons
4 authorized under this Order.
5

7.2

Disclosure of Material Marked "CONFIDENTIAL"

6

Unless otherwise ordered by the court or permitted in writing by the

7 Designating Party, a Receiving Party may disclose any information or item
g designated "CONFIDENTIAL" only to:
9

(a)

the Receiving Party's Outside Counsel of Record in this action, as well

10

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

11

reasonably necessary to disclose the information for this Action;

12

(b)

the officers, directors, and employees (including In-House Counsel) of

13

the Receiving Party to whom disclosure is reasonably necessary for

14

this Action;

15

(c)

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

16

disclosure is reasonably necessary for this Action and who have signed

17

the "Acknowledgment and Agreement to Be Bound"(attached hereto

18

as Exhibit A);

19

(d)

the court and its personnel;

2p

(e)

court reporters and their staff,

21

(~

professional jury or trial consultants, mock jurors, licensed private

2
2

investigators retained by Counsel, and Professional Vendors to whom

23

disclosure is reasonably necessary for this Action and who have signed

24

the "Acknowledgment and Agreement to Be Bound"(Exhibit A);

25

(g)

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

2
6

custodian or other person who otherwise possessed or knew the

27

information;

2g

(h)

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

7
STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION

Case ; 17-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 9 of 16 Page ID #:953

Action to whom disclosure is reasonably necessary, provided that:

1
2

( the deposing party requests that the witness sign the
1)

3

"
Acknowledgment and Agreement to Be Bound"(Exhibit A); and

4

( they will not be permitted to keep any confidential information
2)
unless they sign the "Acknowledgment and Agreement to Be

5
6

Bound"(Exhibit A), unless otherwise agreed by the Designating Party

7

or ordered by the court;
(
i)

8

any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any ofthe Parties engaged in settlement

9

discussions; and

10

any other person agreed to by the Parties or allowed by the Court.

11

(
j)

12

7.5

13

Unless otherwise ordered by the court or permitted in writing by the

Disclosure of Marked "CONFIDENTIAL AEO"

14 Designating Party, a Receiving Party may disclose any information or item
15 designated "CONFIDENTIAL--AEO" only individuals listed in Section 7.4(a),(c)
16 ;j) and In-House Counsel.
.
17 3

PROTECTED MATERIAL SUBPOENAED OR ORDERED

18

PRODUCED IN OTHER LITIGATION

19

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

20 litigation that seeks to compel disclosure of a Designating Party's information or
21

terns designated in this Action as "CONFIDENTIAL" or "CONFIDENTIAL—

22 ~EO," that Pariy must:
23

(
a)

shall include a copy ofthe subpoena or court order;

2
4
25

promptly notify in writing the Designating Pariy. Such notification

(
b)

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

2
6

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

27

by the subpoena or order is subject to this Protective Order. Such

28

notification shall include a copy of this Stipulated Protective Order;
8
STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION

Case 2 L7-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 10 of 16 Page ID #:954

and

1
(
c)

2

cooperate with respect to all reasonable procedures sought to be

3

pursued by the Designating Party whose Protected Material may be

4

affected.
Ifthe Designating Party timely seeks a protective order, the Party served with

5

6 the subpoena or court order shall not produce any information designated in this
7 Action as "CONFIDENTIAL" or"CONFIDENTIALAEO" before a
8 determination by the court from which the subpoena or order issued, unless the
9 Party has obtained the Designating Party's permission. The Designating Party shall
10 bear the burden and expense of seeking protection in that court of its confidential
1 1 material and nothing in these provisions should be construed as authorizing or
12 encouraging a Receiving Pariy in this Action to disobey a lawful directive from
13 another court.
.
14 9

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

15

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

16 Protected Material to any person or in any circumstance not authorized under this
17 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
18 writing the Designating Party ofthe unauthorized disclosures,(b)use its best
19 efforts to retrieve all unauthorized copies ofthe Protected Material,(c)inform the
2 person or persons to whom unauthorized disclosures were made of all the terms of
0
21 this Order, and (d)request such person or persons to execute the "Acknowledgment
2 end Agreement to Be Bound" that is attached hereto as Exhibit A.
2
23 l0.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2
4

PROTECTED MATERIAL

25

Pursuant to Rule 502 ofthe Federal Rules of Evidence, the production of

2 documents, electronically stored information ("ESI"), or other information subject
6
27 to the attorney-client privilege or the work-product doctrine, whether inadvertent or
28 ~ otherwise, will not waive the attorney-client privilege or the work-product doctrine.
9
STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION

Case 2~~7-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 11 of 16 Page ID #:955

In addition, the Parties agree that if a document, ESI or other information subject to
2 the attorney-client privilege or the work product doctrine is included in documents,
3 ~ ~ ESI or other information made available for inspection, such disclosure shall be
4 ~ ~ considered not a waiver ofthe attorney-client privilege or the work-product
5 ~ ~ doctrine. Upon entry by this court ofthe present Protective Order, the privilege or
6 ~ ~ protection is deemed not waived by disclosure in connection with this Action, as
7 well as any other Federal or State proceeding. This Protective Order shall be
8 interpreted to provide the maximum protection allowed by Federal Rule of
9 Evidence 502(d).
10

If a Party believes that it has inadvertently produced any document, ESI or

1 1 other information that it believes may be subject to the attorney-client privilege or
12 work- product doctrine ("Protected Document"), the Party may claw back the
13 Protected Document by making a written request to the Receiving Party specifically
14 identifying the Protected Document, including the date, author, addressees, and
15 topic ofthe document as well as a brief explanation of the reason for the claim of
16 privilege. Upon receipt of this written request, each Party receiving said document,
17 ESI or other information shall immediately cease use of this document, ESI or other
18 information and information contained therein and shall return it and all physical
19 copies and delete all electronic copies within three(3) business days to the
2 Producing Party. The record ofthe identity and nature of an inadvertently produced
0
21 document, ESI or other information may not be used for any purpose other than in
2 preparation of a motion to compel the production of the same document in this
2
23 Action. No information in an inadvertently produced document, ESI or other
2 information may be used or relied upon for any other purpose in this Action until
4
25 the court so orders. After the return ofthe document(s), ESI or other information,
2 the Receiving Party may challenge the Producing Party's claims) of privilege or
6
27 work-product by making a motion to the court.
28

Nothing contained herein is intended to or shall serve to limit a Pariy's right
10
STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION

Case 2~~7-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 12 of 16 Page ID #:956

1 to conduct a review of documents, ESI, or other information (including metadata)
or
2 f relevance, responsiveness, and/or segregation of privileged and/or protected
3 information prior to production.
4 11.

MISCELLANEOUS

5

1 1.1 Right to Further Relief. Nothing in this Order abridges the right of any

6 person to seek its modification by the Court in the future.
1 1.2 Right to Assert Other Objections. By stipulating to the entry ofthis

7

8 Protective Order, no Party waives any right it otherwise would have to object to
9 disclosing or producing any information or item on any ground not addressed in
10 this Stipulated Protective Order. Similarly, no Party waives any right to object on
11 any ground to use in evidence of any ofthe material covered by this Protective
12 Order.
11.3 Filing Protected Material. Without written permission from the

13

14 Designating Party or a court order secured after appropriate notice to all interested
15 persons, a Party may not file in the public record in this action any Protected
16 Material. A Party that seeks to file under seal any Protected Material must comply
17 with Local Civil Rule 79-5. Protected Material may only be filed under seal
18 pursuant to a court order authorizing the sealing ofthe specific Protected Material
19 at issue. If a Party's request to file Protected Material under seal is denied by the
2 court, then the Receiving Party may not file the information in the public record
0
21 unless otherwise instructed by the court.
22 12.

FINAL DISPOSITION

23

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

0
~~ 6 days of a written request by the Designating Party, each Receiving Party must
25 return all Protected Material to the Producing Party or destroy such material. As
2 used in this subdivision,"all Protected Material" includes all copies, abstracts,
6
27 compilations, summaries, and any other format reproducing or capturing any ofthe
28 Protected Material. Whether the Protected Material is returned or destroyed, the
11
STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION

Case 2~~7-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 13 of 16 Page ID #:957

1 Receiving Party must submit a written certification to the Producing Party (and, if
2 not the same person or entity, to the Designating Party) by the 60-day deadline that
1)
3 ( identifies(by category, where appropriate) all the Protected Material that was
4 returned or destroyed and (2) affirms that the Receiving Party has not retained any
5 copies, abstracts, compilations, summaries, or any other format reproducing or
6 capturing any ofthe Protected Material. Notwithstanding this provision, Counsel
7 are entitled to retain an archival copy of all pleadings, motion papers, trial,
8 deposition, and hearing transcripts, legal memoranda, correspondence, deposition
9 and trial exhibits, expert reports, attorney work product, and consultant and expert
10 work product, even if such materials contain Protected Material. Any such archival
1 1 copies that contain or constitute Protected Material remain subject to this Protective
12 Order as set forth in Section 4(DURATION).
13 13.

VIOLATION OF THIS PROTECTIVE ORDER

14

Any violation ofthis Protective Order may be punished by any and all

15 appropriate measures, including, without limitation, contempt proceedings and/or
16 monetary sanctions.
17
18

IT IS SO STIPULATED,THROUGH COUNSEL OF RECORD:

19 Dated: November 27, 2017

FOX ROTHSCHILD LLP

2
0
21
2
2
23

By: /s/JeffGrant
~J f'Grant
John Shaeffer
Attorneys for Plaintiff and Counterdefendant TUXTON CHINA,INC.

2
4
25
2
6
27
28
12
STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION

Case 2~~7-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 14 of 16 Page ID #:958

1

~ ~ Dated: November 27, 2017

HOLLAND &KNIGHT LLP

2
3
By: /s/ Vito A. Costanzo
Vrto A. ostanzo
Stacey H. Wang
Attorneys for Defendant and
Counter-plaintiff THE ONEIDA
GROUP,INC.

4
5
6
7

8 ~ FOR GOOD CAUSE SHOWN,IT IS SO ORDERED:
9
10
11

.-

12 DATED:
13

By:
Honora e C ar es
is
United States Magistrate Judge

14
15
16
17
18
19~
2
0
21
22
23
24
25
2
6
27
28
13
STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION

Case 2~~7-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 15 of 16 Page ID #:959

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
[print or type full name], of

I,

3

[print or type full address], declare under

4

5 penalty of perjury that I have read in its entirety and understand the Stipulated
6 Protective Order that was issued by the United States District Court for the Central
7 District of California on [date] in the case of Tuxton China, Inc. v. The Oneida
8 Group, Inc. (U.S. Dist. Court, C.D. Cal. Case No. 2:17-cv-2996-SVW). I agree to
9 comply with and to be bound by all the terms of this Stipulated Protective Order
10 and I understand and acknowledge that failure to so comply could expose me to
1 1 sanctions and punishment in the nature of contempt. I solemnly promise that I will
12 not disclose in any manner any information or item that is subject to this Stipulated
13 Protective Order to any person or entity except in strict compliance with the
14 provisions of this Order. I further agree to submit to the jurisdiction ofthe United
15 States District Court for the Central District of California for the purpose of
16 enforcing the terms of this Stipulated Protective Order, even if such enforcement
17 proceedings occur after termination of this action. I hereby appoint
[
print or type full name] of

18

[print or type full

19 , address and telephone number] as my California agent for service of process in
2 connection with this action or any proceedings related to enforcement of this
0
21 Stipulated Protective Order.
22 Date:
23 City and State where sworn and signed:
2 Printed name:
4
25 Signature:
2
6
27
28

14
STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION

Case 2 .7-cv-02996-SVW-E Document 44 Filed 11/27/17 Page 16 of 16 Page ID #:960

1
2

DECLARATION OF CONSENT TO ELECTRONIC SIGNATURE:
Pursuant to Central Dist. LR 5-4.3.4(a)(2), the electronic filer of this

3 Stipulation, Stacey H. Wang, hereby attests that all other signatories listed, and on
4 whose behalf the filing is submitted, concur in the filing's content and have
5 authorized this filing.
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Dated: November 27, 2017
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/s/ Stace H. Wan
Stacey .Wang

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STIPULATION FOR PROTECTIVE ORDER GOVERNING CONFIDENTIAL
INFORMATION