Kilina America, Inc. v. L J Silver and Co. et al

Filing 50

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 48 . (See Order for details) (bem)

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1 2 NOTE: CHANGES MADE BY THE COURT 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 KILINA AMERICA, INC., a California Case No.: 2:17-cv-5426-MWF-JPR Corporation; Plaintiff, STIPULATED PROTECTIVE ORDER vs. L J SILVER SILVER & CO., business entity form Unknown; COTTONFRIENDS INC, d/b/a COIN 1804, a California Corporation; PHILLIP KIM, an individual; GARSI LEE, an individual; ROSS STORES, INC., a Delaware Corporation and DOES 1-10, inclusive, 21 22 Defendants. 23 24 25 26 27 28 1 [PROPOSED] 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 This action is likely to involve trade secrets, customer and pricing lists and 20 other valuable research, development, commercial, financial and/or technical 21 information for which special protection from public disclosure and from use for 22 any purpose other than prosecution of this action is warranted. Such confidential 23 materials and information consist of, among other things, confidential business or 24 financial information, information regarding purchase and sale prices of fabric or 25 garments by suppliers, manufacturers, importers, distributors or fashion retailers, 26 information regarding business practices, information regarding the creation, 27 purchase or sale of graphics used on textiles and garments, or other confidential 28 commercial information (including information implicating privacy rights of third 2 [PROPOSED] ORDER 1 parties), information generally unavailable to the public, or which may be 2 privileged or otherwise protected from disclosure under state of federal rules, court 3 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 believe they are 6 entitled to keep confidential, to ensure that the parties are permitted reasonable 7 necessary uses of such material in preparation for trial, to address their handling at 8 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 Notwithstanding anything contained in this Protective Order, the parties 15 acknowledge and agree that the discoverability of sensitive documents and/or 16 information, as well as a party’s ability and/or decision to disclose, withhold, or 17 redact any sensitive documents and/or information, shall not otherwise be affected 18 by its ability to classify such sensitive documents and/or information as 19 CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY, 20 as defined hereinafter. Nothing herein shall prevent any party from withholding or 21 redacting any documents and/or information that the party deems privileged, 22 irrelevant, or otherwise objectionable. 23 24 2. DEFINITIONS 25 2.1 Action: This pending federal law suit. 26 2.2 Challenging Party: a Party or Non-Party that challenges the 27 28 designation of information or items under this Order. 2.3.1 “CONFIDENTIAL” Information or Items: information (regardless of 3 [PROPOSED] ORDER 1 how it is generated, stored or maintained) or tangible things that qualify for 2 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 3 the Good Cause Statement. 4 2.3.2 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 5 Subject to the limitations in this Protective Order, Discovery Material may be 6 marked “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” for the 7 purpose of preventing the disclosure of information or materials which, if disclosed 8 to the Receiving Party, might cause competitive harm to the Designating Party. 9 Before designating any specific information “HIGHLY CONFIDENTIAL – 10 ATTORNEYS’ EYES ONLY,” the Designating Party shall make a good faith 11 determination that the information warrants such protection. 12 13 14 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 15 items that it produces in disclosures or in responses to discovery as 16 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYS 17 ONLY.” 18 2.6 Disclosure or Discovery Material: all items or information, regardless 19 of the medium or manner in which it is generated, stored, or maintained (including, 20 among other things, testimony, transcripts, and tangible things), that are produced 21 or generated in disclosures or responses to discovery in this matter. 22 2.7 Expert: a person with specialized knowledge or experience in a matter 23 pertinent to the litigation who has been retained by a Party or its counsel to serve 24 as an expert witness or as a consultant in this Action. 25 2.8 House Counsel: attorneys who are employees of a party to this Action. 26 House Counsel does not include Outside Counsel of Record or any other outside 27 counsel. 28 2.9 Non-Party: any natural person, partnership, corporation, association, or 4 [PROPOSED] ORDER 1 other legal entity not named as a Party to this action. 2.10 Outside Counsel of Record: attorneys who are not employees of a 2 3 party to this Action but are retained to represent or advise a party to this Action 4 and have appeared in this Action on behalf of that party or are affiliated with a law 5 firm which has appeared on behalf of that party, and includes support staff. 2.11 Party: any party to this Action, including all of its officers, directors, 6 7 employees, consultants, retained experts, and Outside Counsel of Record (and their 8 support staffs). 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 9 10 Discovery Material in this Action. 2.13 Professional Vendors: persons or entities that provide litigation 11 12 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 13 demonstrations, and organizing, storing, or retrieving data in any form or medium) 14 and their employees and subcontractors. 2.14 Protected Material: any Disclosure or Discovery Material that is 15 16 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 17 ATTORNEYS’ EYES ONLY.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 18 19 from a Producing Party. 20 21 3. SCOPE 22 The protections conferred by this Stipulation and Order cover not only 23 Protected Material (as defined above), but also (1) any information copied or 24 extracted from Protected Material; (2) all copies, excerpts, summaries, or 25 compilations of Protected Material; and (3) any testimony, conversations, or 26 presentations by Parties or their Counsel that might reveal Protected Material. 27 28 Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Order does not govern the use of Protected Material at trial. 5 [PROPOSED] ORDER 1 The designation of any information or materials as “CONFIDENTIAL” or 2 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” is intended solely 3 to facilitate the conduct of this litigation. Neither such designation nor treatment 4 in conformity with such designation shall be construed in any way as an 5 admission or agreement by the Receiving Party that the Protected Materials 6 constitute or contain any trade secret or confidential information, or the 7 discoverability thereof. 8 Receiving Party shall not be obligated to challenge the propriety of any 9 designation, and a failure to do so shall not preclude a subsequent attack on the 10 Except as provided in this Protective Order, the propriety of such designation. Nothing contained herein in any way restricts the ability of the Receiving 11 12 Party to use “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 13 ATTORNEYS’ EYES ONLY” material produced to it in examining or cross- 14 examining any employee or consultant of the Designating Party. The Parties 15 acknowledge and agree that Receiving Party may not use Protected Materials 16 marked by a Designating Party to examine or cross-examine an employee or 17 consultant or another individual associated with a non-Designating Party. At 18 deposition, the party using Designated Material must request that the portion of 19 the proceeding where use is made be conducted so as to exclude persons not 20 qualified to receive such Designated Material. 21 If a party wishes to use Protected Material during an examination of an 22 employee or consultant or another individual associated with a non-Designating 23 Party, and the Designating Party objects to such use, the parties shall hold a meet 24 and confer to resolve the dispute. If the meet and confer is unsuccessful, the parties 25 may contact the Court to request an informal discovery conference with the 26 Magistrate Judge, to be held telephonically, to resolve the dispute. Such request 27 will not necessarily be granted. 28 6 [PROPOSED] ORDER 1 4. DURATION 2 Once a case proceeds to trial, all of the information that was designated as 3 confidential or maintained pursuant to this protective order becomes public and 4 will be presumptively available to all members of the public, including the press, 5 unless compelling reasons supported by specific factual findings to proceed 6 otherwise are made to the trial judge in advance of the trial. See Kamakana v. City 7 and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing 8 “good cause” showing for sealing documents produced in discovery from 9 “compelling reasons” standard when merits-related documents are part of court 10 record). Accordingly, the terms of this protective order do not extend beyond the 11 commencement of the trial. If this matter is resolved, settled or otherwise concluded prior to trial, 12 13 Section 13 of this Protective Order shall apply. 14 15 16 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 17 Each Party or Non-Party that designates information or items for protection under 18 this Order must take care to limit any such designation to specific material that 19 qualifies under the appropriate standards. The Designating Party must designate for 20 protection only those parts of material, documents, items, or oral or written 21 communications that qualify so that other portions of the material, documents, 22 items, or communications for which protection is not warranted are not swept 23 unjustifiably within the ambit of this Order. 24 Mass, indiscriminate, or routinized designations are prohibited. Designations 25 that are shown to be clearly unjustified or that have been made for an improper 26 purpose (e.g., to unnecessarily encumber the case development process or to 27 impose unnecessary expenses and burdens on other parties) may expose the 28 Designating Party to sanctions. 7 [PROPOSED] ORDER 1 If it comes to a Designating Party’s attention that information or items that it 2 designated for protection do not qualify for protection, that Designating Party must 3 promptly notify all other Parties that it is withdrawing the inapplicable designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in 5 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 6 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 7 under this Order must be clearly so designated before the material is disclosed or 8 produced. 9 10 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 11 documents, but excluding transcripts of depositions or other pretrial or trial 12 proceedings), that the Producing Party affix at a minimum, the legend 13 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), or “HIGHLY 14 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (“HIGHLY CONFIDENTIAL 15 legend”), to each page that contains protected material. If only a portion or portions 16 of the material on a page qualifies for protection, the Producing Party also must 17 clearly identify the protected portion(s) (e.g., by making appropriate markings in 18 the margins). 19 A Party or Non-Party that makes original documents available for inspection 20 need not designate them for protection until after the inspecting Party has indicated 21 which documents it would like copied and produced. During the inspection and 22 before the designation, all of the material made available for inspection shall be 23 deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 24 EYES ONLY”. After the inspecting Party has identified the documents it wants 25 copied and produced, the Producing Party must determine which documents, or 26 portions thereof, qualify for protection under this Order. Then, before producing 27 the specified documents, the Producing Party must affix the “CONFIDENTIAL 28 legend” or “HIGHLY CONFIDENTIAL legend” to each page that contains 8 [PROPOSED] ORDER 1 Protected Material. If only a portion or portions of the material on a page qualifies 2 for protection, the Producing Party also must clearly identify the protected 3 portion(s) (e.g., by making appropriate markings in the margins). 4 (b) for testimony given in depositions, deposition transcripts and 5 portions thereof taken in this action may be designated as “CONFIDENTIAL” or 6 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” during the 7 deposition or after, in which case the portion of the transcript containing 8 Protected Material shall be identified in the transcript by the Court Reporter as 9 “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 10 ONLY” and such designated testimony shall be bound in a separate volume and 11 marked by the reporter accordingly. 12 Within sixty (60) days after a deposition transcript is certified by the 13 court reporter, any party may designate pages of the transcript and/or its exhibits 14 as Protected Material. During such sixty (60) day period, the transcript in its 15 entirety shall be treated as “CONFIDENTIAL” (except for those portions 16 identified earlier as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 17 ONLY” which shall be treated accordingly from the date of designation). If any 18 party so designates such material, the parties shall provide written notice of such 19 designation to all parties within the sixty (60) day period. Protected Material 20 within the deposition transcript or the exhibits thereto may be identified in writing 21 by 22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 23 ONLY” and providing such marked-up portions to all counsel. page and line, or by underlining and marking such portions 24 Where testimony is designated during the deposition, the Designating 25 Party shall have the right to exclude, at those portions of the deposition, all 26 persons not authorized by the terms of this Protective Order to receive such 27 Protected Material. 28 (c) for information produced in some form other than documentary and 9 [PROPOSED] ORDER 1 for any other tangible items, that the Producing Party affix in a prominent place on 2 the exterior of the container or containers in which the information is stored the 3 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 4 EYES ONLY.” If only a portion or portions of the information warrants 5 protection, the Producing Party, to the extent practicable, shall identify the 6 protected portion(s). 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 7 8 failure to designate qualified information or items does not, standing alone, waive 9 the Designating Party’s right to secure protection under this Order for such 10 material. Upon timely correction of a designation, the Receiving Party must make 11 reasonable efforts to assure that the material is treated in accordance with the 12 provisions of this Order. 13 14 15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 16 designation of confidentiality at any time that is consistent with the Court’s 17 Scheduling Order. 18 19 20 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 21 the Designating Party. Frivolous challenges, and those made for an improper 22 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 23 parties) may expose the Challenging Party to sanctions. Unless the Designating 24 Party has waived or withdrawn the confidentiality designation, all parties shall 25 continue to afford the material in question the level of protection to which it is 26 entitled under the Producing Party’s designation until the Court rules on the 27 challenge. 28 10 [PROPOSED] ORDER 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending, or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under 6 the conditions described in this Order. When the Action has been terminated, a 7 Receiving Party must comply with the provisions of section 13 below (FINAL 8 DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 14 otherwise ordered by the court or permitted in writing by the Designating Party, a 15 Receiving Party may disclose any information or item designated 16 “CONFIDENTIAL” only to: 17 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 18 well as employees of said Outside Counsel of Record to whom it is reasonably 19 necessary to disclose the information for this Action; 20 21 22 (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 23 disclosure is reasonably necessary for this Action and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff; 27 (f) professional jury or trial consultants, mock jurors, and Professional 28 Vendors to whom disclosure is reasonably necessary for this Action and who have 11 [PROPOSED] ORDER 1 2 3 4 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (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 5 Action to whom disclosure is reasonably necessary provided: (1) the deposing 6 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 7 they will not be permitted to keep any confidential information unless they sign the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 9 agreed by the Designating Party or ordered by the court. Pages of transcribed 10 deposition testimony or exhibits to depositions that reveal Protected Material may 11 be separately bound by the court reporter and may not be disclosed to anyone 12 except as permitted under this Stipulated Protective Order; and 13 14 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 15 16 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 17 ONLY” Information or Items. Unless otherwise ordered by the court or permitted 18 in writing by the Designating Party, a Receiving Party may disclose any 19 information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ 20 EYES ONLY” only to: 21 (a) Persons who appear on the face of Designated Materials marked 22 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” as an author, 23 addressee, or recipient thereof; 24 (b) Outside Counsel of Record; 25 (c) Expert for the parties to this action, as defined in section 2.7; 26 (d) The Court, its clerks and secretaries, and any court reporter 27 28 retained to record proceedings before the Court; (e) Any mediator employed by the Parties and his or her staff; and 12 [PROPOSED] ORDER 1 2 8. (f) Court reporters retained to transcribe depositions. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 3 IN OTHER LITIGATION 4 If a Party is served with a subpoena or a court order issued in other litigation 5 that compels disclosure of any information or items designated in this Action as 6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 7 ONLY” that Party must: 8 (a) promptly notify in writing the Designating Party. Such notification 9 shall include a copy of the subpoena or court order unless prohibited by law; (b) promptly notify in writing the party who caused the subpoena or order 10 11 to issue in the other litigation that some or all of the material covered by the 12 subpoena or order is subject to this Protective Order. Such notification shall 13 include a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be 14 15 pursued by the Designating Party whose Protected Material may be affected. 16 If the Designating Party timely seeks a protective order, the Party served with 17 the subpoena or court order shall not produce any information designated in this 18 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 19 EYES ONLY” before a determination by the court from which the subpoena or 20 order issued, unless the Party has obtained the Designating Party’s permission. The 21 Designating Party shall bear the burden and expense of seeking protection in that 22 court of its confidential material and nothing in these provisions should be 23 construed as authorizing or encouraging a Receiving Party in this Action 24 to disobey a lawful directive from another court. 25 26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 27 PRODUCED IN THIS LITIGATION 28 (a) The terms of this Order are applicable to information produced by a 13 [PROPOSED] ORDER 1 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 2 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information 3 produced by Non-Parties in connection with this litigation is protected by the 4 remedies and relief provided by this Order. Nothing in these provisions should be 5 construed as prohibiting a Non-Party from seeking additional protections. (b) In the event that a Party is required, by a valid discovery request, to 6 7 produce a Non-Party’s confidential information in its possession, and the Party is 8 subject to an agreement with the Non-Party not to produce the Non-Party’s 9 confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party 10 11 that some or all of the information requested is subject to a confidentiality 12 agreement with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated 13 14 Protective Order in this Action, the relevant discovery request(s), and a reasonably 15 specific description of the information requested; and (3) make the information requested available for inspection by the 16 17 Non-Party, if requested. (c) If the Non-Party fails to seek a protective order from this court within 18 19 14 days of receiving the notice and accompanying information, the Receiving 20 Party may produce the Non-Party’s confidential information responsive to the 21 discovery request. If the Non-Party timely seeks a protective order, the Receiving 22 Party shall not produce any information in its possession or control that is subject 23 to the confidentiality agreement with the Non-Party before a determination by the 24 court. Absent a court order to the contrary, the Non-Party shall bear the burden and 25 expense of seeking protection in this court of its Protected Material. 26 27 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 28 14 [PROPOSED] ORDER 1 If a Receiving Party learns that, by inadvertence or otherwise, it has 2 disclosed Protected Material to any person or in any circumstance not authorized 3 under this Stipulated Protective Order, the Receiving Party must immediately (a) 4 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 5 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 6 the person or persons to whom unauthorized disclosures were made of all the terms 7 of this Order, and (d) request such person or persons to execute the 8 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 9 A. 10 11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 PROTECTED MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain 14 inadvertently produced material is subject to a claim of privilege or other 15 protection, the obligations of the Receiving Parties are those set forth in Federal 16 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 17 whatever procedure may be established in an e-discovery order that provides for 18 production without prior privilege review. Pursuant to Federal Rule of Evidence 19 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 20 of a communication or information covered by the attorney-client privilege or 21 work product protection, the parties may incorporate their agreement in the 22 stipulated protective order submitted to the court provided the Court so allows. 23 24 25 26 12. MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 27 12.2 Right to Assert Other Objections. By stipulating to the entry of this 28 Protective Order no Party waives any right it otherwise would have to object to 15 [PROPOSED] ORDER 1 disclosing or producing any information or item on any ground not addressed in 2 this Stipulated Protective Order. Similarly, no Party waives any right to object on 3 any ground to use in evidence of any of the material covered by this Protective 4 Order. Moreover, this Order shall not preclude or limit any Party’s right to seek 5 further and additional protection against or limitation upon production of 6 documents produced in response to discovery. The parties reserve their rights to 7 object to, redact or withhold any information, including confidential proprietary, or 8 private information, on any other applicable grounds permitted by law, including 9 third-party rights and relevancy. 12.3 Filing Protected Material. A Party that seeks to file under seal any 10 11 Protected Material must comply with Civil Local Rule 79-5. Protected Material 12 may only be filed under seal pursuant to a court order authorizing the sealing of the 13 specific Protected Material at issue. If a Party's request to file Protected Material 14 under seal is denied by the court, then the Receiving Party may file the information 15 in the public record unless otherwise instructed by the court. 16 17 18 13. FINAL DISPOSITION After the final disposition of this Action, within 60 days of a written request 19 by the Designating Party, each Receiving Party must return all Protected Material 20 to the Producing Party or destroy such material. As used in this subdivision, “all 21 Protected Material” includes all copies, abstracts, compilations, summaries, and 22 any other format reproducing or capturing any of the Protected Material. Whether 23 the Protected Material is returned or destroyed, the Receiving Party must submit a 24 written certification to the Producing Party (and, if not the same person or entity, to 25 the Designating Party) by the 60 day deadline that (1) identifies (by category, 26 where appropriate) all the Protected Material that was returned or destroyed and 27 (2)affirms that the Receiving Party has not retained any copies, abstracts, 28 compilations, summaries or any other format reproducing or capturing any of the 16 [PROPOSED] ORDER 1 Protected Material. Notwithstanding this provision, Counsel are entitled to retain 2 an archival copy of all pleadings, motion papers, trial, deposition, and hearing 3 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 4 reports, attorney work product, and consultant and expert work product, even if 5 such materials contain Protected Material. Any such archival copies that contain or 6 constitute Protected Material remain subject to this Protective Order 7 14. Any violation of this Order may be punished by any and all 8 appropriate measures including, without limitation, contempt proceedings and/or 9 monetary sanctions. 10 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 13 Dated: November 8, 2017 14 15 /s/C. Yong Jeong C. Yong Jeong JEONG & LIKENS, L.C. Attorneys for Plaintiff KILINA AMERICA, INC. 16 17 Dated: November 8, 2017 18 /s/ Sang I. Lee LEE & PARK Attorney for Defendants, COTTONFRIENDS INC., PHILLIP KIM, GARSI LEE, and ROSS STORES, INC. 19 20 21 22 23 24 25 26 27 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED: November 8, 2017 _____________________________________ Honorable Jean P. Rosenbluth United States Magistrate Judge 28 17 [PROPOSED] ORDER 1 EXHIBIT A 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, _____________________________ [print or type full name], of _________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Central District of California on [date] in the case of ___________ Kilina America, Inc. v. L J Silver Silver & Co. et al 2:17-cv-5425-MWF-JPR. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the Central District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint __________________________ [print or type full name] of _______________________________________ [print or type full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order. Date: ______________________________________ City and State where sworn and signed: _________________________________ 25 26 27 Printed name: _______________________________ Signature: __________________________________ 28 18 [PROPOSED] ORDER

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