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)

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