Star Fabrics Inc v. Ross Stores Inc et al

Filing 42

STIPULATED PROTECTIVE ORDER by Magistrate Judge Steve Kim. In re Stipulation for Protective Order 41 . (clee)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 STAR FABRICS, INC., a California Corporation; Case No.: 2:17-cv-03971-RGK(SKx) Hon. R. Gary Klausner Presiding 13 14 15 16 Plaintiff, [PROPOSED] STIPULATED PROTECTIVE ORDER vs. ROSS STORES, INC., et al., 17 18 Defendants. 19 20 21 22 23 24 25 26 27 28 1 ORDER 1 1. A. PURPOSES AND LIMITATIONS 2 3 Discovery in this action is likely to involve production of confidential, 4 proprietary, or private information for which special protection from public 5 disclosure and from use for any purpose other than prosecuting this litigation may 6 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 7 enter the following Stipulated Protective Order. The parties acknowledge that this 8 Order does not confer blanket protections on all disclosures or responses to 9 discovery and that the protection it affords from public disclosure and use extends 10 only to the limited information or items that are entitled to confidential treatment 11 under the applicable legal principles. The parties further acknowledge, as set forth 12 in Section 12.3, below, that this Stipulated Protective Order does not entitle them 13 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 14 procedures that must be followed and the standards that will be applied when a 15 party seeks permission from the court to file material under seal. 16 17 B. GOOD CAUSE STATEMENT 18 19 1.1 This action is likely to involve trade secrets, customer and pricing 20 lists and other valuable research, development, commercial, financial and/or 21 technical information for which special protection from public disclosure and from 22 use for any purpose other than prosecution of this action is warranted. Such 23 confidential materials and information consist of, among other things, confidential 24 business or financial information, information regarding purchase and sale prices of 25 fabric or garments by suppliers, manufacturers, importers, distributors or fashion 26 retailers, information regarding business practices, information regarding the 27 creation, purchase or sale of graphics used on textiles and garments, or other 28 confidential commercial information (including information implicating privacy 2 ORDER 1 rights of third parties), information generally unavailable to the public, or which may 2 be privileged or otherwise protected from disclosure under state of federal rules, 3 court rules, case decisions, or common law. Accordingly, to expedite the flow of 4 information, to facilitate the prompt resolution of disputes over confidentiality of 5 discovery materials, to adequately protect information the parties are entitled to keep 6 confidential, to ensure that the parties are permitted reasonable necessary uses of 7 such material in preparation for and in the conduct of trial, to address their handling 8 at the end of the litigation, and serve the ends of justice, a protective order for such 9 information is justified in this matter. It is the intent of the parties that information 10 will not be designated as confidential for tactical reasons and that nothing be so 11 designated without a good faith belief that it has been maintained in a confidential, 12 non-public manner, and there is good cause why it should not be part of the public 13 record of this case. 14 15 16 17 18 19 20 2. DEFINITIONS 2.1 Action: STAR FABRICS, INC. v. ROSS STORES, INC., et al., Case No. 2:17-cv-03971-RGK-SK. 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 21 how it is generated, stored or maintained) or tangible things that qualify for 22 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 23 the Good Cause Statement. 24 25 26 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or 27 items that it produces in disclosures or in responses to discovery as 28 “CONFIDENTIAL.” 3 ORDER 1 2.6 Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced 4 or generated in disclosures or responses to discovery in this matter. 5 2.7 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve 7 as an expert witness or as a consultant in this Action. 8 2.8 House Counsel: attorneys who are employees of a party to this Action. 9 House Counsel does not include Outside Counsel of Record or any other outside 10 11 counsel. 2.9 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”: Subject 12 to the limitations in this Stipulated Protective Order, Designated Materials may be 13 marked “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” for the 14 purpose of preventing the disclosure of information or materials which, if disclosed 15 to the receiving party, might cause competitive harm to the Designating Party. 16 Information and material that may be subject to this protection includes, but is not 17 limited to, technical and/or research and development data, intellectual property, 18 financial, marketing and other sales data, and/or information having strategic 19 commercial value pertaining to the Designating Party’s trade or business. Nothing 20 in Section 2.3 shall limit the information or material that can be designated 21 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under this Section. 22 Before designating any specific information “HIGHLY CONFIDENTIAL – 23 ATTORNEYS’ EYES ONLY,” the Designating Party’s Counsel shall make a good 24 faith determination that the information warrants such protection. Such information 25 may include, but is not limited to: 26 27 (a) The financial performance or results of the Designating Party, including without limitation income statements, profit and loss statements, balance 28 4 ORDER 1 sheets, cash flow analyses, budget projections, purchase and sale records and 2 present value calculations; 3 (b) Corporate and strategic planning by the Designating Party, 4 including without limitation marketing plans, competitive intelligence reports, 5 sales projections and competitive strategy documents; 6 (c) Names, addresses, and other information that would identify 7 customers or prospective customers, or the distributors or prospective distributors 8 of the Designating Party; and 9 (d) Information used by the Designating Party in or pertaining to its 10 trade or business, which information the Designating Party believes in good faith 11 has competitive value, which is not generally known to others and which the 12 Designating Party would not normally reveal to third parties except in confidence, 13 or has undertaken with others to maintain in confidence; 14 15 16 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 of Record: attorneys who are not employees of a 17 party to this Action but are retained to represent or advise a party to this Action 18 and have appeared in this Action on behalf of that party or are affiliated with a law 19 firm which has appeared on behalf of that party, and includes support staff. 20 2.12 Party: any party to this Action, including all of its officers, directors, 21 employees, consultants, retained experts, and Outside Counsel of Record (and their 22 support staffs). 23 24 25 2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 2.14 Professional Vendors: persons or entities that provide litigation 26 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 27 demonstrations, and organizing, storing, or retrieving data in any form or medium) 28 and their employees and subcontractors. 5 ORDER 1 2.15 Protected Material: any Disclosure or Discovery Material that is 2 designated as “CONFIDENTIAL” or “HIGH CONFIDENTIAL – ATTORNEY’S 3 EYES ONLY” 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 4 5 from a Producing Party. 6 7 3. SCOPE 8 The protections conferred by this Stipulation and Order cover not only 9 Protected Material (as defined above), but also (1) any information copied or 10 extracted from Protected Material; (2) all copies, excerpts, summaries, or 11 compilations of Protected Material; and (3) any testimony, conversations, or 12 presentations by Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the 13 14 trial judge. This Order does not govern the use of Protected Material at trial. 15 16 4. DURATION 17 Even after the termination of this action, the confidentiality obligations 18 imposed by this Order shall remain in effect until a Designating Party agrees 19 otherwise in writing or a court order otherwise directs. 20 21 22 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 23 Each Party or Non-Party that designates information or items for protection under 24 this Order must take care to limit any such designation to specific material that 25 qualifies under the appropriate standards. The Designating Party must designate for 26 protection only those parts of material, documents, items, or oral or written 27 communications that qualify so that other portions of the material, documents, 28 items, or communications for which protection is not warranted are not swept 6 ORDER 1 2 unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized designations are prohibited. Designations 3 that are shown to be clearly unjustified or that have been made for an improper 4 purpose (e.g., to unnecessarily encumber the case development process or to 5 impose unnecessary expenses and burdens on other parties) may expose the 6 Designating Party to sanctions. 7 If it comes to a Designating Party’s attention that information or items that it 8 designated for protection do not qualify for protection, that Designating Party must 9 promptly notify all other Parties that it is withdrawing the inapplicable designation. 10 5.2 Manner and Timing of Designations. Except as otherwise provided inthis 11 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 12 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 13 under this Order must be clearly so designated before the material is disclosed or 14 produced. 15 16 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 17 documents, but excluding transcripts of depositions or other pretrial or trial 18 proceedings), that the Producing Party affix at a minimum, the legend 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 20 ONLY”, to each page that 21 contains protected material. If only a portion or portions of the material on a page 22 qualifies for protection, the Producing Party also must clearly identify the 23 protected portion(s) (e.g., by making appropriate markings in the margins). 24 A Party or Non-Party that makes original documents available for inspection 25 need not designate them for protection until after the inspecting Party has indicated 26 which documents it would like copied and produced. During the inspection and 27 before the designation, all of the material made available for inspection shall be 28 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 7 ORDER 1 documents it wants copied and produced, the Producing Party must determine 2 which documents, or portions thereof, qualify for protection under this Order. 3 Then, before producing the specified documents, the Producing Party must affix 4 the “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 5 ONLY” designations to each page that contains Protected Material. If only a 6 portion or portions of the material on a page qualifies for protection, the Producing 7 Party also must clearly identify the protected portion(s) (e.g., by making 8 appropriate markings in the margins). 9 10 (b) Deposition transcripts and portions thereof taken in this Action may be 11 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 12 ATTORNEYS’ EYES ONLY” during the deposition or after, in which case the 13 portion of the transcript containing Designated Material shall be identified in the 14 transcript by the Court Reporter as “CONFIDENTIAL” or “HIGHLY 15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” The designated testimony 16 shall be bound in a separate volume and marked by the reporter accordingly. 17 Where testimony is designated during the deposition, the Designating Party 18 shall have the right to exclude, at those portions of the deposition, all persons not 19 authorized by the terms of this Stipulated Protective Order to receive such 20 Designated Material. 21 Within sixty (60) days after a deposition transcript is certified by the court 22 reporter, any party may designate pages of the transcript and/or its exhibits as 23 Designated Material. During such sixty (60) day period, the transcript in its 24 entirety shall be treated as “CONFIDENTIAL” (except for those portions 25 identified earlier as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 26 which shall be treated accordingly from the date of designation). If any party so 27 designates such material, the parties shall provide written notice of such 28 designation to all parties within the sixty (60) day period. Designated Material 8 ORDER 1 within the deposition transcript or the exhibits thereto may be identified in writing 2 by page and line, or by underlining and marking such portions “CONFIDENTIAL” 3 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and providing such 4 marked-up portions to all Counsel. (c) for information produced in some form other than documentary and 5 6 for any other tangible items, that the Producing Party affix in a prominent place on 7 the exterior of the container or containers in which the information is stored the 8 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 9 ONLY” designations. If only a portion or portions of the information 10 warrants protection, the Producing Party, to the extent practicable, shall identify 11 the protected portion(s). 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 12 13 failure to designate qualified information or items does not, standing alone, waive 14 the Designating Party’s right to secure protection under this Order for such 15 material. Upon timely correction of a designation, the Receiving Party must make 16 reasonable efforts to assure that the material is treated in accordance with the 17 provisions of this Order. 18 19 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 21 designation of confidentiality at any time that is consistent with the Court’s 22 Scheduling Order. 23 24 25 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 6.3 The burden of persuasion in any such challenge proceeding shall be on 26 the Designating Party. Frivolous challenges, and those made for an improper 27 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 28 parties) may expose the Challenging Party to sanctions. Unless the Designating 9 ORDER 1 Party has waived or withdrawn the confidentiality designation, all parties shall 2 continue to afford the material in question the level of protection to which it is 3 entitled under the Producing Party’s designation until the Court rules on the 4 challenge. 5 6 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 7.1 Basic Principles. A Receiving Party may use Protected Material that is 8 disclosed or produced by another Party or by a Non-Party in connection with this 9 Action only for prosecuting, defending, or attempting to settle this Action. Such 10 Protected Material may be disclosed only to the categories of persons and under 11 the conditions described in this Order. When the Action has been terminated, a 12 Receiving Party must comply with the provisions of section 13 below 13 (FINALDISPOSITION). 14 Protected Material must be stored and maintained by a Receiving Party at a 15 location and in a secure manner that ensures that access is limited to the persons 16 authorized under this Order. 17 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 18 otherwise ordered by the court or permitted in writing by the Designating Party, a 19 Receiving Party may disclose any information or item designated 20 “CONFIDENTIAL” only to: 21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 22 well as employees of said Outside Counsel of Record to whom it is reasonably 23 necessary to disclose the information for this Action; 24 25 26 (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 27 disclosure is reasonably necessary for this Action and who have signed the 28 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 ORDER 1 (d) the court and its personnel; 2 (e) court reporters and their staff; 3 (f) professional jury or trial consultants, mock jurors, and Professional 4 Vendors to whom disclosure is reasonably necessary for this Action and who have 5 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 7 8 9 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) during their depositions, witnesses ,and attorneys for witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) the deposing 10 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 11 they will not be permitted to keep any confidential information unless they sign the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 13 agreed by the Designating Party or ordered by the court. Pages of transcribed 14 deposition testimony or exhibits to depositions that reveal Protected Material may 15 be separately bound by the court reporter and may not be disclosed to anyone 16 except as permitted under this Stipulated Protective Order; and 17 18 19 20 (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- ATTORNEYS’ EYES ONLY” Information or Items. 21 22 23 24 Materials designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to the following Designees: (a) Any person who appears on the face of the Designated Material 25 26 27 marked “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” as an author, addressee, or recipient thereof; 28 11 ORDER (b) 1 2 Counsel to the parties in this Action, including any Outside Counsel of Record and House Counsel, and their respective associates, clerks, 3 4 5 6 legal assistants, stenographic, videographic and support personnel, and other employees of such outside litigation attorneys, and organizations retained by such attorneys to provide litigation support services in this Action and the employees of 7 8 9 10 said organizations. Counsel herein explicitly include any House Counsel, whether or not they are attorneys of record in this Action. Notwithstanding the foregoing or anything to the contrary contained herein, any items designated under this Section 11 12 13 14 7.3 by a defendant in this Action shall not be disclosed to any co-defendants’ House Counsel, if the same are designated as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”, without the express written consent of the 15 16 17 18 Designating Party that produced the documents. Notwithstanding the foregoing or anything to the contrary contained herein, any items designated under this Section 7.3 in this Action shall not be disclosed by any House Counsel to any present or 19 20 21 22 former officers, directors, shareholders, partners, managers, members, employees, agents, insurers, or representatives of the receiving party without the express written consent of the Designating Party; 23 (c) 25 26 27 Experts or Consultants for the parties to this Action, as defined herein; (d) 24 The Court, its clerks, Court officials, employees, any special master, and referee, expert, technical advisor or Third-Party Consultant appointed by the Court, 28 12 ORDER 1 to the jury in this Action, and any interpreters interpreting on behalf of any party or 2 deponent; 3 (e) 4 5 Court reporters retained to transcribe depositions and/or retained to record proceedings before the Court; and. (f) Any mediator or settlement officer, and their supporting personnel, 6 mutually agreed upon by those parties engaged in settlement discussions provided 7 that he or she sign a certification that he or she has read this Stipulated Protective 8 Order, will abide by its provisions, and will submit to the jurisdiction of this Court 9 regarding the enforcement of this Stipulated Protective Order’s provisions. 10 11 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 12 IN OTHER LITIGATION 13 If a Party is served with a subpoena or a court order issued in other litigation 14 that compels disclosure of any information or items designated in this Action as 15 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 16 ONLY” that Party must: 17 18 19 (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 20 to issue in the other litigation that some or all of the material covered by the 21 subpoena or order is subject to this Protective Order. Such notification shall 22 include a copy of this Stipulated Protective Order; and 23 (c) cooperate with respect to all reasonable procedures sought to be 24 pursued by the Designating Party whose Protected Material may be affected. 25 If the Designating Party timely seeks a protective order, the Party served with 26 the subpoena or court order shall not produce any information designated in this 27 action as “CONFIDENTIAL” ” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 28 EYES ONLY” before a determination by the court from which the 13 ORDER 1 subpoena or order issued, unless the Party has obtained the Designating Party’s 2 permission. The Designating Party shall bear the burden and expense of seeking 3 protection in that court of its confidential material and nothing in these provisions 4 should be construed as authorizing or encouraging a Receiving Party in this Action 5 to disobey a lawful directive from another court. 6 7 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 8 PRODUCED IN THIS LITIGATION 9 (a) The terms of this Order are applicable to information produced by a 10 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 11 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Such information produced 12 by Non-Parties in connection with this litigation is protected by the remedies and 13 relief provided by this Order. Nothing in these provisions should be construed as 14 prohibiting a Non-Party from seeking additional protections. 15 (b) In the event that a Party is required, by a valid discovery request, to 16 produce a Non-Party’s confidential information in its possession, and the Party is 17 subject to an agreement with the Non-Party not to produce the Non-Party’s 18 confidential information, then the Party shall: 19 (1) promptly notify in writing the Requesting Party and the Non-Party 20 that some or all of the information requested is subject to a confidentiality 21 agreement with a Non-Party; 22 (2) promptly provide the Non-Party with a copy of the Stipulated 23 Protective Order in this Action, the relevant discovery request(s), and a reasonably 24 specific description of the information requested; and 25 26 27 (3) make the information requested available for inspection by the Non-Party, if requested. (c) If the Non-Party fails to seek a protective order from this court within 28 14 ORDER 1 14 days of receiving the notice and accompanying information, the Receiving 2 Party may produce the Non-Party’s confidential information responsive to the 3 discovery request. If the Non-Party timely seeks a protective order, the Receiving 4 Party shall not produce any information in its possession or control that is subject 5 to the confidentiality agreement with the Non-Party before a determination by the 6 court. Absent a court order to the contrary, the Non-Party shall bear the burden and 7 expense of seeking protection in this court of its Protected Material. 8 9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 10 If a Receiving Party learns that, by inadvertence or otherwise, it has 11 disclosed Protected Material to any person or in any circumstance not authorized 12 under this Stipulated Protective Order, the Receiving Party must immediately (a) 13 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 14 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 15 the person or persons to whom unauthorized disclosures were made of all the terms 16 of this Order, and (d) request such person or persons to execute the 17 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 18 A. 19 20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 21 PROTECTED MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain 23 inadvertently produced material is subject to a claim of privilege or other 24 protection, the obligations of the Receiving Parties are those set forth in Federal 25 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 26 whatever procedure may be established in an e-discovery order that provides for 27 production without prior privilege review. Pursuant to Federal Rule of Evidence 28 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 15 ORDER 1 of a communication or information covered by the attorney-client privilege or 2 work product protection, the parties may incorporate their agreement in the 3 stipulated protective order submitted to the court. 4 12. MISCELLANEOUS 5 6 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. 7 12.2 Right to Assert Other Objections. By stipulating to the entry of this 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 of the material covered by this Protective 12 Order. 13 12.3 Filing Protected Material. A Party that seeks to file under seal any 14 Protected Material must comply with Civil Local Rule 79-5. Protected Material 15 may only be filed under seal pursuant to a court order authorizing the sealing of the 16 specific Protected Material at issue. If a Party's request to file Protected Material 17 under seal is denied by the court, then the Receiving Party may file the information 18 in the public record unless otherwise instructed by the court. 19 20 13. FINAL DISPOSITION 21 After the final disposition of this Action, as defined in paragraph 4, within 22 60days of a written request by the Designating Party, each Receiving Party must 23 return all Protected Material to the Producing Party or destroy such material. As 24 used in this subdivision, “all Protected Material” includes all copies, abstracts, 25 compilations, summaries, and any other format reproducing or capturing any of the 26 Protected Material. Whether the Protected Material is returned or destroyed, the 27 Receiving Party must submit a written certification to the Producing Party (and, if 28 not the same person or entity, to the Designating Party) by the 60 day deadline that 16 ORDER 1 (1) identifies(by category, where appropriate) all the Protected Material that was 2 returned or destroyed and (2)affirms that the Receiving Party has not retained any 3 copies, abstracts, compilations, summaries or any other format reproducing or 4 capturing any of the Protected Material. Notwithstanding this provision, Counsel 5 are entitled to retain an archival copy of all pleadings, motion papers, trial, 6 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 7 and trial exhibits, expert reports, attorney work product, and consultant and expert 8 work product, even if such materials contain Protected Material. Any such archival 9 copies that contain or constitute Protected Material remain subject to this 10 Protective Order as set forth in Section 4 (DURATION). 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 26 27 28 17 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 2/9/18 _ 8 /s/ Howard S. Han _ 9 Stephen M. Doniger 10 Howard S. Han 11 DONIGER/BURROUGHS 12 Attorneys for Plaintiff 13 14 DATED 2/9/18 _ 15 /s/ Miles L. Prince _ 16 David L. Prince 17 Miles L. Prince 18 Attorneys for Defendants Ross Stores, Inc., NM Brother Corp., and NNW Import, 19 Inc. 20 21 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 23 DATED: February 12, 2018 24 25 26 _____________________________________ 27 Honorable Steve Kim United States Magistrate Judge 28 18 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 ___________ STAR FABRICS, INC. v.ROSS STORES, 8 INC., et al., Case No. 2:17-cv-03971-RGK-SK. I agree to comply with and to 9 bebound by all the terms of this Stipulated Protective Order and I understand 10 andacknowledge that failure to so comply could expose me to sanctions and 11 punishmentin the nature of contempt. I solemnly promise that I will not disclose in 12 any mannerany information or item that is subject to this Stipulated Protective 13 Order to anyperson or entity except in strict compliance with the provisions of this 14 Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 theCentral District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [print 19 or type full name] of _______________________________________ [print or 20 typefull address and telephone number] as my California agent for service of 21 process inconnection with this action or any proceedings related to enforcement of 22 thisStipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 27 Printed name: _______________________________ Signature: __________________________________ 28 19 ORDER

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