v. Generosity Beverages, Inc. et al

Filing 39

STIPULATED PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order 38 . See order for details. (hr)

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1 2 3 4 5 BRYAN CAVE LLP Keith D. Klein (California Bar No. 184846) Kazim A. Naqvi (California Bar No. 300438) 120 Broadway, Suite 300 Santa Monica, CA 90401-2386 Telephone: (310) 576-2100 Facsimile: (310) 576-2200 Attorneys for Plaintiff f/k/a/ Generosity Water, Inc. 6 7 8 9 10 11 12 STRADLING YOCCA CARLSON & RAUTH, P.C. Douglas Q. Hahn (California Bar No. 257559) Salil Bali (California Bar No. 263001) 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 Telephone: (949) 725-4000 Facsimile: (949) 725-4100 Attorneys For Defendant Generosity Beverages, Inc. 13 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 18 GENEROSITY.ORG, a Registered California 501(c)(3) Non-Profit Organization f/k/a/ Generosity Water, Inc., Plaintiff, 19 20 21 22 23 v. GENEROSITY BEVERAGES, INC., a California Corporation, and DOES 1 through 20, inclusive, Case No. 2:17-cv-06054-ODW-KS [DISCOVERY MATTER] Hon. Karen L. Stevenson [Proposed] STIPULATED PROTECTIVE ORDER Complaint Filed: August 15, 2017 Trial Date: None Set Defendants. 24 25 26 27 28 S TRADLING Y OCCA C ARLSON & R AUTH LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and 1 2 based on the parties’ Proposed Stipulated Protective Order (“Stipulation”) 3 filed on February 5, 2018, the terms of the protective order to which the 4 parties have agreed are adopted as a protective order of this Court (which 5 generally shall govern the pretrial phase of this action) except to the extent, as 6 set forth below, that those terms have been modified by the Court’s 7 amendment of sections I, II, III, V, and IIX of the Stipulation. 8 AGREED TERMS OF THE PROTECTIVE ORDER AS ADOPTED 9 AND MODIFIED BY THE COURT1 10 11 12 Subject to the provisions of Rule 26 of the Federal Rules of Civil Procedure, 13 Plaintiff f/k/a/ Generosity Water, Inc. (“Plaintiff” or “Generosity”), 14 by and through its counsel Bryan Cave LLP, and Defendant Generosity Beverages, 15 Inc. (“GBI” or “Defendant”), by and through its counsel Straddling Yocca Carlson 16 & Rauth, P.C., hereby stipulate and agree to the entry of a Protective Order 17 governing the designation and handling of confidential materials in this matter. 18 The Parties wish to protect the private consumer information, privacy of 19 third parties, and the confidentiality of certain trade secrets, competitive and 20 propriety proprietary business information, personnel information and other kinds 21 of commercially sensitive and financial information, while still providing for the 22 discovery or exchange of such documents to the extent necessary for this 23 Litigation. IT IS HEREBY STIPULATED AND AGREED that the following shall 24 25 govern the handling of confidential documents, written discovery responses, 26 27 28 1 The Court’s additions to the agreed terms of the Protective Order are generally indicated in bold typeface, and the Court’s deletions are indicated by lines through the text being deleted. S TRADLING Y OCCA C ARLSON & R AUTH 2 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER 1 deposition transcripts, and other confidential material filed, produced, served, 2 exchanged, used or otherwise disclosed in the above captioned matter. 3 I. GOOD CAUSE STATEMENT 4 A. Purposes and Limitations. 5 Discovery in this lawsuit (the “Action”) is likely to involve production of 6 confidential, proprietary, or private information for which special protection from 7 public disclosure and from use for any purpose other than prosecuting this 8 litigation may be warranted. The parties have stipulated to and petition the Court to 9 enter this Order. The parties acknowledge that this Protective Order does not 10 confer blanket protections on all disclosures or responses to discovery and that the 11 protection it affords from public disclosure and use extends only to the limited 12 information or items that are entitled to confidential treatment under the applicable 13 legal principles. The parties further acknowledge, as set forth in Section III.F., 14 below, that this Protective Order does not entitle them to file documents under 15 seal; Civil Local Rule 79-5.2.1 79-5 sets forth the procedures that must be followed 16 and the standards that will be applied when a party seeks permission from the court 17 to file material under seal. 18 II. DESIGNATION OF CONFIDENTIAL INFORMATION 19 A. Confidentiality Designations. 20 Information (regardless of how it is generated, stored or maintained), 21 materials, documents or tangible things that qualify for protection under Federal 22 Rule of Civil Procedure 26(c) (including copies, excerpts and summaries of such 23 materials, documents, and information), and as specified above in the Good Cause 24 Statement shall be referred to as “CONFIDENTIAL INFORMATION.” 25 CONFIDENTIAL INFORMATION may be designated as CONFIDENTIAL or as 26 CONFIDENTIAL — ATTORNEYS’ EYES ONLY, as follows: 27 28 S TRADLING Y OCCA C ARLSON & R AUTH 3 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER 1 1. CONFIDENTIAL designation. 2 A party or non-party may designate material CONFIDENTIAL only if 3 it deems that a reasonable basis exists for limiting dissemination of the material 4 under the standards of Rule 26 and that the material contains confidential and/or 5 proprietary commercial information that is not generally available to the public. 2. 6 designation. 7 8 CONFIDENTIAL — ATTORNEYS’ EYES ONLY A party or non-party may only designate material CONFIDENTIAL — 9 ATTORNEYS’ EYES ONLY if it deems that disclosure of such material to 10 another person or party would be injurious to the commercial interests of the 11 designating entity under the standards of Rule 26 and that the material contains 12 highly propriety proprietary technical or trade secret or business information so 13 that the risk of improper use or disclosure to another party outweighs the right of 14 that party to review such information. This is inclusive of regulatory information 15 or communications, personal or financial information pertaining to Plaintiff’s 16 donors/members, and personal or financial information relating to Defendant’s 17 customers and investors. 18 B. Produced Documents. 19 A party producing documents that it believes constitute or contain 20 CONFIDENTIAL INFORMATION shall produce copies bearing a label 21 designating such material CONFIDENTIAL or CONFIDENTIAL — 22 ATTORNEYS’ EYES ONLY. As used herein, the term “documents” includes all 23 writings or other media on which information is recorded and other electronic files 24 and tangible things subject to production under the Federal Rules of Civil 25 Procedure. 26 C. 27 If a party answering an interrogatory believes in good faith under the criteria 28 Interrogatory Answers. set forth in Section II.A. that its answer contains CONFIDENTIAL S TRADLING Y OCCA C ARLSON & R AUTH 4 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER 1 INFORMATION, such interrogatory response shall be served bearing a label 2 designating such interrogatory response it shall set forth its answer in a separate 3 document that is produced and designated as CONFIDENTIAL or 4 CONFIDENTIAL—ATTORNEYS’ EYES ONLY in the same manner as a 5 produced document under Section II.B. 6 D. Inspections of Documents. 7 In the event a party elects to produce files and records for inspection and the 8 requesting party elects to inspect them, no designation of CONFIDENTIAL 9 INFORMATION need be made in advance of the inspection. For purposes of such 10 inspection, all materials produced shall be considered as CONFIDENTIAL 11 INFORMATION unless the Parties agree otherwise. If the inspecting party selects 12 specified documents to be copied, such documents shall be treated as 13 CONFIDENTIAL INFORMATION until 10 days have elapsed from the time the 14 producing party is provided copies of the selected documents, during which time 15 the producing party may designate such documents as CONFIDENTIAL 16 INFORMATION in accordance with Section II.A. 17 E. Deposition Transcripts. 18 Portions of testimony taken at a deposition or conference and any 19 corresponding exhibits may be designated as CONFIDENTIAL or 20 CONFIDENTIAL -ATTORNEYS’ EYES ONLY by making a statement to that 21 effect on the record at the deposition or other proceeding. Arrangements shall be 22 made with the court reporter transcribing such proceeding to separately bind such 23 portions of the transcript containing information designated as CONFIDENTIAL 24 or CONFIDENTIAL — ATTORNEYS’ EYES ONLY and label such portions 25 appropriately. For convenience, if a deposition transcript contains repeated 26 references to CONFIDENTIAL INFORMATION which cannot conveniently be 27 segregated from non-CONFIDENTIAL INFORMATION, the entire transcript be 28 marked by the reporter as CONFIDENTIAL or CONFIDENTIAL — S TRADLING Y OCCA C ARLSON & R AUTH 5 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER 1 ATTORNEYS’ EYES ONLY. A party may also designate information disclosed 2 at a deposition as CONFIDENTIAL and/or CONFIDENTIAL — ATTORNEYS’ 3 EYES ONLY by notifying all parties in writing, within thirty (30) days of receipt 4 of the transcript, of the specific pages and lines designated as such. Each party 5 shall attach a copy of such written statement to the face of each transcript in its 6 possession, custody or control. For thirty (30) days after receipt of the transcript, 7 depositions shall be treated as CONFIDENTIAL — ATTORNEYS’ EYES ONLY, 8 but after that period any portions not designated as CONFIDENTIAL and/or 9 CONFIDENTIAL — ATTORNEYS’ EYES ONLY may be disclosed. 10 F. Multi-page Documents. 11 A party may designate all pages of an integrated, multi-page document, 12 including a deposition transcript, interrogatory answers and responses to document 13 requests, as CONFIDENTIAL INFORMATION by placing the label specified in 14 Section II.A. on the first page of the document. If a party wishes to designate only 15 certain portions of an integrated, multi-page document as CONFIDENTIAL 16 INFORMATION, it should designate such portions immediately below the label 17 on the first page of the document and place the label specified in Section II.A. on 18 each page of the document containing CONFIDENTIAL INFORMATION. 19 G. Inadvertent Failures to Designate. 20 Inadvertent failure to designate qualified information or items does not, 21 standing alone, waive the right to secure protection under this Protective Order for 22 such material, provided that the designating party promptly corrects the 23 designation after discovery of such inadvertent failure. Upon timely correction of a 24 designation, the receiving party must make reasonable efforts to assure that the 25 material is treated in accordance with the provisions of this Protective Order. 26 H. 27 This Protective Order shall be without prejudice to the right of any party: (i) 28 Challenges to Designations. to request re-designation of material as CONFIDENTIAL, CONFIDENTIAL — S TRADLING Y OCCA C ARLSON & R AUTH 6 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER 1 ATTORNEYS EYES ONLY, or neither; (ii) upon written stipulation, in 2 accordance with Local Rule 37, to request the Court’s ruling on whether a 3 document or information is CONFIDENTIAL, CONFIDENTIAL — 4 ATTORNEYS’ EYES ONLY Material, or whether its use should be restricted; and 5 (iii) to present a motion to the Court under F.R.Civ.P. 26 (c) for a separate 6 protective order as to any document or information, including restrictions differing 7 from those specified herein. The parties agree to meet and confer in good faith and attempt to reach an 8 9 agreement on any challenges to a party’s designations. The parties agree that 10 information will not be designated as confidential for tactical reasons and that 11 nothing shall be so designated without a good faith belief that it has been 12 maintained in a confidential, non-public manner, and that there is good cause why 13 it should not be part of the public record of this case. 14 Any challenge to a confidentiality designation shall be initiated pursuant to 15 Local Rule 37 and the burden of persuasion in any such challenge shall be on the 16 party who designated the material as CONFIDENTIAL or CONFIDENTIAL — 17 ATTORNEYS’ EYES ONLY. 18 I. Public Availability. 19 If some of the same information or materials that have been designated as 20 CONFIDENTIAL or CONFIDENTIAL — ATTORNEYS’ EYES ONLY under 21 the terms of this Order are found in a publicly available forum without violating 22 the Order in this action, then such information or materials shall no longer be 23 subject to the restrictions of the Order in this action. 24 III. HANDLING PRIOR TO TRIAL 25 A. Disclosure of CONFIDENTIAL Material. 26 Materials designated CONFIDENTIAL or information derived therefrom 27 may be disclosed, shown, or made available, or communicated in any way only to 28 the following persons: S TRADLING Y OCCA C ARLSON & R AUTH 7 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER 1 (a) The parties and employees of the parties, but only to the extent 2 necessary to participate in, assist in and monitor the progress of this Action and for 3 no other purpose; 4 (b) Attorneys for the parties in this action and the staff of their respective 5 law firms, including persons working solely in secretarial, clerical, and paralegal 6 capacities, and who are providing assistance to counsel in this Action; 7 (c) Court reporters taking deposition testimony involving 8 CONFIDENTIAL INFORMATION, and necessary stenographic, videographic, 9 and clerical personnel thereof; 10 (d) Consultants or experts and their staff who are employed for the 11 purposes of this litigation who have signed the “Acknowledgment and Agreement 12 to Be Bound” (Exhibit A) and for whom the procedure set forth in paragraph 13 III.B.1. has been followed; 14 (e) The Court (inclusive of the Magistrate) and the Court’s staff; 15 (f) The author, addressees and recipients of the documents or any person 16 17 who would have had access to such information by virtue of his/her employment; (g) Witnesses (at deposition or trial) testifying in this litigation who have 18 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), including 19 preparation for such testimony; 20 21 22 (h) Any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. (i) Third-parties specifically retained to assist outside counsel in copying, 23 imaging, data processing, e-discovery, and/or coding of documents but for that 24 purpose only, provided that all such confidential documents are kept and 25 maintained securely; and 26 (j) Any other person as to whom the parties previously agree in writing. 27 28 S TRADLING Y OCCA C ARLSON & R AUTH 8 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER 1 B. Material. 2 3 Disclosure of CONFIDENTIAL — ATTORNEYS’ EYES ONLY Material or documents designated as CONFIDENTIAL — ATTORNEYS’ 4 EYES ONLY may be shown to the persons listed in Sections III.A.(b) through 5 III.A.(j). 6 7 8 9 1. Procedure for Approval to Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information to Experts. Unless otherwise ordered by the court or agreed to in writing by the designating party, a party that seeks to disclose to an expert any information or 10 item that has been designated CONFIDENTIAL – ATTORNEYS’ EYES ONLY 11 first must make a written request to the designating party that: (1) sets forth the full 12 name of the expert and the city and state of his or her primary residence; (2) 13 attaches a copy of the expert’s current resume; (3) identifies the expert’s current 14 employer(s); (4) identifies each person or entity from whom the expert has 15 received compensation or funding for work in his or her areas of expertise or to 16 whom the expert has provided professional services, including in connection with a 17 litigation or arbitration, at any time during the preceding five years; and (5) 18 identifies (by name and number of the case, filing date, and location of court) any 19 litigation or arbitration in connection with which the expert has offered expert 20 testimony, including through a declaration, report, or testimony at a deposition or 21 trial, during the preceding five years. 22 A party that makes a request and provides the information specified in the 23 preceding respective paragraphs may disclose CONFIDENTIAL – ATTORNEYS’ 24 EYES ONLY material to the identified expert unless, within fourteen (14) days of 25 delivering the request, the party receives a written objection from the designating 26 party. Any such objection must set forth in detail the grounds on which it is based. 27 28 A party that receives a timely written objection must meet and confer with the designating party to try to resolve the matter by agreement within seven (7) S TRADLING Y OCCA C ARLSON & R AUTH 9 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER 1 days of the written objection. If no agreement is reached, the party seeking to 2 make the disclosure to the expert may bring this matter to the court pursuant to 3 Local Rule 37 the court’s procedures for discovery motions, available at 4 In any such proceeding, the party opposing 5 disclosure to the expert shall bear the burden of proving that the risk of harm that 6 the disclosure would entail (under the safeguards proposed) outweighs the 7 receiving party’s need to disclose the protected material to its expert. 8 C. Use of CONFIDENTIAL INFORMATION. 9 Individuals who are authorized to review CONFIDENTIAL 10 INFORMATION pursuant to this Protective Order shall hold the 11 CONFIDENTIAL INFORMATION and its contents in confidence and shall not 12 divulge it, either verbally or in writing, except as expressly permitted by this 13 Protective Order, unless authorized to do so by a further order of this Court or as 14 specifically required by law. 15 All CONFIDENTIAL INFORMATION produced in this litigation, whether 16 by a party or nonparty, and whether pursuant to Federal Rule of Civil Procedure, 17 subpoena, agreement or otherwise, and all information contained therein or derived 18 therefrom, shall be used solely for the preparation and trial of this action (including 19 any appeals and retrials), and may not be used for any other purpose, including 20 business, governmental or commercial, or any other administrative or judicial 21 proceedings or actions. 22 D. Unauthorized Disclosures. 23 In the event of disclosure of CONFIDENTIAL INFORMATION other than 24 as authorized in this Protective Order, counsel for the party responsible for the 25 disclosure shall (1) notify all parties of the unauthorized disclosures, (2) make 26 every effort to prevent further disclosure, including retrieving disclosed materials 27 and copies of such materials, and (3) request that the persons to whom the 28 unauthorized disclosure was made sign a “Acknowledgment and Agreement to Be S TRADLING Y OCCA C ARLSON & R AUTH 10 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER 1 Bound” (Exhibit “A”) if they have not already done so. Upon written stipulation or 2 motion, in accordance with Local Rule 37, the Court may order such further and 3 additional relief as it deems necessary. Prior to filing a motion under Local Rule 4 37, the parties must comply with the court’s procedures regarding discovery 5 motions. See 6 E. Inadvertent Disclosure. 7 The inadvertent or unintentional disclosure of attorney-client, work product 8 or any other privileged or protected item, regardless of whether the item was so 9 designated at the time of disclosure, shall not be deemed a waiver in whole or in 10 part of a Party’s claim of protection or privilege either as to the specific 11 information disclosed therein or on the same or related subject matter. 12 This Protective Order is without prejudice to any Party’s right to assert the 13 attorney-client, work product, or other privileges or doctrines, or to any other 14 Party’s right to contest such claims. By making information designated as 15 “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” 16 available to the other Party, the producing Party does not waive any confidentiality 17 privilege, doctrine or treatment, and the receiving Party acknowledges and agrees 18 that, by making such materials available, the producing Party has not waived any 19 such confidentiality privilege, doctrine or treatment or disclosed any proprietary or 20 confidential information, trade secret, or any other business or confidentiality 21 privilege, doctrine or treatment. By receiving information designated as 22 “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” the 23 receiving Party does not acknowledge or agree that such materials are entitled to 24 such designation, and does not waive the right to contest such designation by way 25 of application to the Court. 26 Pursuant to Fed. R. Evid. 502(b), the production by any Party during 27 discovery of documents containing information protected by the attorney-client 28 privilege or the attorney work-product doctrine shall be deemed inadvertent and S TRADLING Y OCCA C ARLSON & R AUTH 11 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER 1 shall not operate to waive the protections of the privilege or the doctrine by or as to 2 the producing Party, provided that as soon as reasonably practicable after the 3 producing Party’s learning of the production or the receiving Party’s notification to 4 the producing Party of its receipt of the documents that may be subject to the 5 attorney-client privilege or the work product doctrine, the producing Party has 6 requested the return of the documents. Upon receipt of a request, the receiving 7 Party shall immediately return such documents to the producing Party, shall not 8 retain any copies, and shall not use the information or the fact of inadvertent 9 disclosure in any manner in this Litigation. 10 The Receiving Party shall promptly destroy, sequester, or return to the 11 Disclosing Party any protected or privileged item discovered by the Disclosing 12 Party or the Receiving Party to have been disclosed inadvertently. If the Receiving 13 Party disclosed the protected or privileged item before being notified of the 14 Disclosing Party’s claim of protection or privilege, it must take reasonable steps to 15 retrieve the item for destruction, sequestering, or return to the Disclosing Party. 16 No Party will be responsible to another Party for disclosure of 17 CONFIDENTIAL INFORMATION under this Protective Order if the information 18 in question is not labeled or otherwise identified as such in accordance with this 19 Protective Order. 20 F. Court Filings. 21 Any CONFIDENTIAL INFORMATION (or documents containing 22 CONFIDENTIAL INFORMATION) to be filed with the Court shall be filed under 23 seal pursuant to the procedures set forth in Local Rule 79-5.2.1, or pursuant to such 24 other procedures for filing under seal as the Court may order or allow. A party 25 that seeks to file under seal any Protected Material must comply with Civil 26 Local Rule 79-5. Protected Material may only be filed under seal pursuant to 27 a court order authorizing the sealing of the specific Protected Material at 28 issue. If a Party’s request to file Protected Material under seal is denied by S TRADLING Y OCCA C ARLSON & R AUTH 12 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER 1 the court, then the Receiving Party may file the information in the public 2 record unless otherwise instructed by the court. The parties agree that exhibits 3 provided to any jury empanelled empaneled in this proceeding shall be provided 4 without the CONFIDENTIAL or CONFIDENTIAL — ATTORNEYS’ EYES 5 ONLY stamp. 6 IV. HANDLING DURING TRIAL. CONFIDENTIAL INFORMATION which is subject to this Protective 7 8 Order may be marked and used as trial exhibits by either party, subject to terms 9 and conditions as imposed by the trial court upon application by the designating 10 party. In the event that information designated as CONFIDENTIAL 11 INFORMATION is contemplated to be used at trial, the Receiving Party seeking to 12 use such information shall give notice to the Court and the Disclosing Party of its 13 intention to use the CONFIDENTIAL INFORMATION at trial sufficiently in 14 advance of its contemplated use so that the Court can have the matter heard. 15 V. 16 HANDLING AFTER FINAL DISPOSITION. This Protective Order shall survive the final termination of this Action and 17 shall protect all retained materials that have remained confidential through final 18 termination of the case. Upon final termination of this case, all CONFIDENTIAL 19 INFORMATION produced in this litigation, including all copies made of such 20 material shall, upon demand by the Party that produced it, be returned to counsel 21 for that Party that produced it. If no request for return is received within 30 days 22 of final disposition, the Party in possession shall destroy such CONFIDENTIAL 23 INFORMATION. The Court and Court personnel are exempt from the provisions 24 of this Section do not apply to the Court and Court personnel. 25 Notwithstanding the foregoing, counsel for each Party may retain all 26 pleadings, briefs, memoranda, motions, and other documents filed with the Court 27 that refer to or incorporate CONFIDENTIAL INFORMATION, and will continue 28 to be bound by this Protective Order with respect to all such retained information. S TRADLING Y OCCA C ARLSON & R AUTH 13 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER 1 Further, attorney work product materials that contain CONFIDENTIAL 2 INFORMATION need not be destroyed, but, if they are not destroyed, the person 3 in possession of the attorney work product will continue to be bound by this 4 Protective Order with respect to all such retained information. 5 The producing party further agrees to make any CONFIDENTIAL 6 INFORMATION available to opposing counsel if requested for the purpose of 7 establishing a claim or defense on behalf of counsel in a controversy between 8 counsel and the party relating to counsels’ representation of the party, or pursuant 9 to court order. 10 VI. RESTRICTIONS. Nothing herein shall impose any restriction on the use or disclosure by a 11 12 party of material: (1) obtained lawfully by a party hereto other than through 13 discovery in this Action, from a person who, to the best of such party’s knowledge, 14 was not at the time such materials were obtained by such party under a duty 15 (contractual or otherwise) to maintain such materials in confidence; (2) that is 16 public knowledge or became public knowledge after disclosure under this 17 Protective Order (other than through an act or omission of a person receiving 18 material under this Protective Order); or (3) the party’s own CONFIDENTIAL 19 and/or RESTRICTED Discovery Materials. 20 VII. CONFIDENTIAL INFORMATION SUBPOENAED OR ORDERED 21 PRODUCED IN OTHER LITIGATION. 22 If a party is served with a subpoena or a court order issued in other litigation 23 that compels disclosure of any information or items designated in this Action as 24 CONFIDENTIAL or CONFIDENTIAL —ATTORNEYS’ EYES ONLY that party 25 must: 26 27 (a) Promptly notify in writing the designating party. Such notification shall include a copy of the subpoena or court order; 28 S TRADLING Y OCCA C ARLSON & R AUTH 14 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER (b) 1 Promptly notify in writing the party who caused the subpoena or order 2 to issue in the other litigation that some or all of the material covered by the 3 subpoena or order is subject to this Protective Order. Such notification shall 4 include a copy of this Protective Order; and (c) 5 Cooperate with respect to all reasonable procedures sought to be 6 pursued by the designating party whose CONFIDENTIAL INFORMATION may 7 be affected. If the designating party timely seeks a protective order, the party served with 8 9 the subpoena or court order shall not produce any information designated in this 10 action as CONFIDENTIAL or CONFIDENTIAL -ATTORNEYS’ EYES ONLY 11 before a determination by the court from which the subpoena or order issued, 12 unless the party has obtained the designating party’s permission. The designating 13 party shall bear the burden and expense of seeking protection in that court of its 14 CONFIDENTIAL INFORMATION and nothing in these provisions should be 15 construed as authorizing or encouraging any party in this Action to disobey a 16 lawful directive from another court. 17 VIII. NON-PARTIES. The terms of this Protective Order are applicable to information produced 18 19 by a non-party in this Action and designated as CONFIDENTIAL or 20 CONFIDENTIAL — ATTORNEYS’ EYES ONLY. Such information produced 21 by non-parties in connection with this Action is protected by the remedies and 22 relief proved provided by this Protective Order. Nothing in these provisions 23 should be construed as prohibiting a non-party from seeking additional protections. 24 IX. CUSTODY. 25 Recipients of material under this Protective Order shall maintain such 26 material secured and shall exercise the same standard of care with respect to 27 storage, custody, use and dissemination of the material as they exercise for their 28 S TRADLING Y OCCA C ARLSON & R AUTH 15 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER 1 own proprietary information, but in no event shall the standard be less than that of 2 a reasonable person. 3 X. MODIFICATIONS. This Order may be modified by the Court upon stipulation of the Parties or 4 5 on the motion of any party. 6 XI. 7 NO ADMISSION. Nothing contained in this Order, nor any action taken in compliance with it, 8 shall: (a) Operate as an admission by any party that any particular document or 9 information is, or is not, confidential; (b) Operate as an admission by any party that 10 any particular document is, or is not, subject to discovery or admissible in evidence 11 at the trial of this action; or (c) Prejudice the right of any party to contest the 12 alleged relevancy, admissibility, or discoverability of the CONFIDENTIAL 13 INFORMATION sought. 14 XII. ACKNOWLEDGMENT OF ORDER. 15 Each person required by this Protective Order to sign a statement agreeing to 16 be bound by this Protective Order must sign a statement to be delivered to and 17 maintained by the Disclosing Party in the form attached hereto as EXHIBIT A. 18 XIII. AGREEMENT OF PARTIES TO ORDER. 19 All Parties to this action, their counsel, and all other persons subject to this 20 Protective Order shall be bound by this Protective Order and shall abide by all of 21 the terms of this Protective Order until otherwise ordered by the court or by written 22 notice releasing them from the respective obligations received from the pertinent 23 Disclosing Party. 24 XIV. CONTINUING EFFECT OF ORDER. 25 This Protective Order shall continue to be binding after the conclusion of 26 this litigation except that a Party may seek the written permission of the Disclosing 27 Party or further order of the Court with respect to dissolution or modification of 28 this Protective Order. The Court shall retain jurisdiction to resolve any dispute S TRADLING Y OCCA C ARLSON & R AUTH 16 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER 1 concerning the use of information disclosed pursuant to this Protective Order, and 2 to enforce or modify this Protective Order. 3 XV. ADDITIONAL RELIEF. 4 No Party is prevented from seeking relief not provided by this Protective 5 Order, or otherwise seeking court approval as may be appropriate to protect its 6 interests or otherwise prepare this matter for trial. This Order is intended to 7 provide a mechanism for the handling of CONFIDENTIAL INFORMATION, the 8 disclosure or production of which there is no objection to other than 9 confidentiality. Each party reserves the right to object to any disclosure of 10 information or production of any documents it deems confidential on any other 11 ground it may deem appropriate. Any party may move for relief from, or general or 12 particular modification of, the mechanism for maintaining confidentiality herein 13 set forth or the application of this Order, in any particular circumstance. 14 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD. 15 Dated: December February __, 2018 BRYAN CAVE LLP 16 By: 17 Kazim A. Naqvi Attorneys for Plaintiff 18 19 20 Dated: December February __, 2018 STRADLING YOCCA CARLSON & RAUTH, P.C. 21 By: 22 Salil Bali Attorneys for Defendant 23 24 25 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 26 27 28 Dated: February 12, 2018 The Hon. Karen L. Stevenson United States Magistrate Judge S TRADLING Y OCCA C ARLSON & R AUTH 17 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 Protective Order that was issued by the United States District Court for the Central District of California on [_____________ _____, 2018] regarding discovery in this lawsuit, GENEROSITY.ORG V. GENEROSITY BEVERAGES, INC., Case No. 2:17-cv-06054 ODW (KS) (the “Protective Order”). I agree to comply with and to be bound by all the terms of the 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 the Protective Order to any person or entity except in strict compliance with the provisions of the Protective 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 the Protective Order, even if such enforcement proceedings occur after termination of this action. Date: City and State where sworn and signed: 22 23 24 Printed name: Signature: 25 26 27 28 S TRADLING Y OCCA C ARLSON & R AUTH 18 LAWYERS N E W P O R T B E AC H STIPULATED PROTECTIVE ORDER

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