Superbalife International LLC et al v. Primark, LLC et al

Filing 63

STIPULATED PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon. re Stipulation for Protective Order, 62 . (sbou)

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310-229-9900

LOS ANGELES, CA 90067

VENABLE LLP

2049 CENTURY PARK EAST, SUITE 2300

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VENABLE LLP
Daniel S. Silverman (SBN 137864)
[e-mail]
2049 Century Park East, Suite 2300
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs/Counter-Defendants
Superbalife International, LLC,
Verified Nutrition, LLC, and Fred Buckley
Daniel C. Cotman (SBN 218315)
[e-mail]
Obi I. Iloputaife (SBN 192271)
[e-mail]
Jayson S. Sohi (SBN 293176)
[e-mail]
COTMAN IP LAW GROUP, PLC
35 Hugus Aly, Suite 210
Pasadena, CA 91103
[phone]/FAX [phone]
Attorneys for Defendants and Cross-Complainants Medmark LLC, Danny O’Shea
and Brendan O’Shea; and Defendants Primark, LLC;
iHealth Fulfillment Services LLC; Channel Mark Ventures;
Eileen O’Shea; and John Indellicate

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SUPERBALIFE INTERNATIONAL,
LLC, a Delaware limited liability
company; VERIFIED NUTRITION,
LLC, a Nevada limited liability
company; and FRED BUCKLEY, an
individual,

CASE NO. 2:17-cv-08071-CBM-AFM

STIPULATED PROTECTIVE
ORDER1

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Plaintiffs,
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v.
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PRIMARK, LLC, a Nevada limited
liability company; MEDMARK LLC, a
Nevada limited liability company;
IHEALTH FULFILLMENT SERVICES
LIMITED LIABILITY COMPANY, a
New Jersey limited liability company;
CHANNEL MARK VENTURES, an
entity of unknown origin; GOLDEN
STREET MEDIA, an entity of unknown
origin; DANNY O’SHEA, an individual;
EILEEN OLYMPIA CHAVEZ aka
EILEEN OLYMPIA O’SHEA, an
individual; BRENDAN O’SHEA, an
STIPULATED PROTECTIVE ORDER

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individual; JOHN INDELLICATE, an
individual; ANTHONY COSTELLO, an
individual; and DOES 1 to 10, inclusive,
Defendants.

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MEDMARK LLC, a Nevada limited
liability company; DANNY O’SHEA, an
individual; and BRENDAN O’SHEA, an
individual,
Counterclaimants,

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v.

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2049 CENTURY PARK EAST, SUITE 2300

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SUPERBALIFE INTERNATIONAL,
LLC, a Delaware limited liability
company; VERIFIED NUTRITION,
LLC, a Nevada limited liability
company; and FRED BUCKLEY, an
individual,
Counter-Defendants.

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1. A.

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PURPOSES AND LIMITATIONS

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Discovery in this action is likely to involve production of confidential,

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proprietary or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation

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may be warranted. Accordingly, the parties hereby stipulate to and petition

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the Court to enter the following Stipulated Protective Order. The parties

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acknowledge that this Order does not confer blanket protections on all

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disclosures or responses to discovery and that the protection it affords from

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public disclosure and use extends only to the limited information or items

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that are entitled to confidential treatment under the applicable legal

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principles.

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This Stipulated Protective Order is based substantially on the model protective
order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures.

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STIPULATED PROTECTIVE ORDER

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B.

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This action is likely to involve trade secrets, customer and pricing lists

GOOD CAUSE STATEMENT

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and other valuable research, development, commercial, financial, technical

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and/or proprietary information for which special protection from public

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disclosure and from use for any purpose other than prosecution of this action

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is warranted. Such confidential and proprietary materials and information

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consist of, among other things, confidential business or financial

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information, information regarding confidential business practices, or other

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confidential research, development, or commercial information (including

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otherwise protected from disclosure under state or federal statutes, court

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rules, case decisions, or common law. Accordingly, to expedite the flow of

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information, to facilitate the prompt resolution of disputes over

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confidentiality of discovery materials, to adequately protect information the

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parties are entitled to keep confidential, to ensure that the parties are
permitted reasonable necessary uses of such material in preparation for and
in the conduct of trial, to address their handling at the end of the litigation,
and serve the ends of justice, a protective order for such information is

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justified in this matter. It is the intent of the parties that information will not

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be designated as confidential for tactical reasons and that nothing be so

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designated without a good faith belief that it has been maintained in a

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confidential, non-public manner, and there is good cause why it should not

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otherwise generally unavailable to the public, or which may be privileged or

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VENABLE LLP

information implicating privacy rights of third parties), information

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be part of the public record of this case.

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C.

ACKNOWLEDGMENT OF PROCEDURE FOR FILING
UNDER SEAL

The parties further acknowledge, as set forth in Section 12.3, below,
that this Stipulated Protective Order does not entitle them to file confidential
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information under seal; Local Civil Rule 79-5 sets forth the procedures that

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must be followed and the standards that will be applied when a party seeks

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permission from the court to file material under seal.

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There is a strong presumption that the public has a right of access to

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judicial proceedings and records in civil cases. In connection with non-

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dispositive motions, good cause must be shown to support a filing under

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seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176

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(9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th

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Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D.

and a specific showing of good cause or compelling reasons with proper

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evidentiary support and legal justification, must be made with respect to

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Protected Material that a party seeks to file under seal. The parties’ mere

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designation of Disclosure or Discovery Material as CONFIDENTIAL does

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not — without the submission of competent evidence by declaration,

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establishing that the material sought to be filed under seal qualifies as
confidential, privileged, or otherwise protectable — constitute good cause.

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Wis. 1999) (even stipulated protective orders require good cause showing),

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Further, if a party requests sealing related to a dispositive motion or

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trial, then compelling reasons, not only good cause, for the sealing must be

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shown, and the relief sought shall be narrowly tailored to serve the specific

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interest to be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665,

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677-79 (9th Cir. 2010). For each item or type of information, document, or

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thing sought to be filed or introduced under seal in connection with a

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dispositive motion or trial, the party seeking protection must articulate

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compelling reasons, supported by specific facts and legal justification, for

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the requested sealing order. Again, competent evidence supporting the

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application to file documents under seal must be provided by declaration.

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//
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Any document that is not confidential, privileged, or otherwise

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protectable in its entirety will not be filed under seal if the confidential

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portions can be redacted. If documents can be redacted, then a redacted

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version for public viewing, omitting only the confidential, privileged, or

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otherwise protectable portions of the document, shall be filed. Any

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application that seeks to file documents under seal in their entirety should

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include an explanation of why redaction is not feasible.

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2. DEFINITIONS

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2.1

Action: shall refer to Superbalife International, LLC v. Primark,

California, Case No. 2:17-cv-08071-CBM-AFM, pending before the

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LLC, et al., United States District Court for the Central District of

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VENABLE LLP

2049 CENTURY PARK EAST, SUITE 2300

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Honorable Consuelo B. Marshall.

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2.2

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

designation of information or items under this Order.

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2.3

“CONFIDENTIAL” Information or Items: information

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(regardless of how it is generated, stored or maintained) or tangible things

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that qualify for protection under Federal Rule of Civil Procedure 26(c), and

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as specified above in the Good Cause Statement.

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2.4

Counsel: Outside Counsel of Record and House Counsel (as well

as their support staff).

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2.5

Designating Party: a Party or Non-Party that designates

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information or items that it produces in disclosures or in responses to

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discovery as “CONFIDENTIAL.”

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2.6

Disclosure or Discovery Material: all items or information,

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regardless of the medium or manner in which it is generated, stored, or maintained

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(including, among other things, testimony, transcripts, and tangible things), that are

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produced or generated in disclosures or responses to discovery in this matter.

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//
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2.7

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

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pertinent to the litigation who has been retained by a Party or its counsel to serve as

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an expert witness or as a consultant in this Action.

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2.8

House Counsel: attorneys who are employees of a party to this Action.

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House Counsel does not include Outside Counsel of Record or any other outside

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counsel.

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2.9

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

other legal entity not named as a Party to this action.
2.10 Outside Counsel of Record: attorneys who are not employees of a

have appeared in this Action on behalf of that party or are affiliated with a law firm

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party to this Action but are retained to represent or advise a party to this Action and

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that has appeared on behalf of that party, and includes support staff.

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

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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support staffs).

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2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2.13 Professional Vendors: persons or entities that provide litigation

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support services (e.g., photocopying, videotaping, translating, preparing exhibits or

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demonstrations, and organizing, storing, or retrieving data in any form or medium)

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and their employees and subcontractors.

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2.14 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery
Material from a Producing Party.

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3. SCOPE

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The protections conferred by this Stipulation and Order cover not only Protected

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Material (as defined above), but also (1) any information copied or extracted from
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Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

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Material; and (3) any testimony, conversations, or presentations by Parties or their

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Counsel that might reveal Protected Material. Any use of Protected Material at trial

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shall be governed by the orders of the trial judge. This Order does not govern the

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use of Protected Material at trial.

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4. DURATION
Once a case proceeds to trial, information that was designated as

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CONFIDENTIAL or maintained pursuant to this protective order used or

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introduced as an exhibit at trial becomes public and will be presumptively available

supported by specific factual findings to proceed otherwise are made to the trial

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to all members of the public, including the press, unless compelling reasons

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2049 CENTURY PARK EAST, SUITE 2300

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judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing

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“good cause” showing for sealing documents produced in discovery from

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“compelling reasons standard when merits-related documents are part of court

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record). Accordingly, the terms of this protective order do not extend beyond the

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commencement of the trial.

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5. DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

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Each Party or Non-Party that designates information or items for protection under

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this Order must take care to limit any such designation to specific material that

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qualifies under the appropriate standards. The Designating Party must designate for

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protection only those parts of material, documents, items or oral or written

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communications that qualify so that other portions of the material, documents,

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items or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.

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Mass, indiscriminate or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper

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purpose (e.g., to unnecessarily encumber the case development process or to impose
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unnecessary expenses and burdens on other parties) may expose the Designating

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Party to sanctions.

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If it comes to a Designating Party’s attention that information or items that it

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the inapplicable designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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under this Order must be clearly so designated before the material is disclosed or
produced.

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2049 CENTURY PARK EAST, SUITE 2300

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Designation in conformity with this Order requires:

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(a)

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

documents, but excluding transcripts of depositions or other pretrial or trial

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proceedings), that the Producing Party affix at a minimum, the legend

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“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

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contains protected material. If only a portion of the material on a page qualifies for

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protection, the Producing Party also must clearly identify the protected portion(s).

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A Party or Non-Party that makes original documents available for inspection

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need not designate them for protection until after the inspecting Party has indicated

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which documents it would like copied and produced. During the inspection and

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before the designation, all of the material made available for inspection shall be

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deemed “CONFIDENTIAL.” After the inspecting Party has identified the

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documents it wants copied and produced, the Producing Party must determine

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which documents, or portions thereof, qualify for protection under this Order.

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Then, before producing the specified documents, the Producing Party must affix the

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“CONFIDENTIAL legend” to each page that contains Protected Material. If only a

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

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must clearly identify the protected portion(s) (e.g., by making appropriate markings

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in the margins).

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(b)

for testimony given in depositions that the Designating Party

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identifies, the Designating Party shall have 21 days upon receipt of the deposition

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transcript from the court reporter to identify any and all specific portions of the

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testimony as to which protection is sought. Only those portions of the testimony

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that are appropriately designated for protection within the 21 days shall be covered

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by the provisions of this Order.

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Transcripts containing Protected Material shall have an obvious legend on

be followed by a list of all pages (including line numbers as appropriate) that have

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the title page that the transcript contains Protected Material, and the title page shall

been designated as Protected Material. The Designating Party shall inform the

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court reporter of these requirements. Unless agreed otherwise by the parties, any

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transcript that is prepared before the expiration of a 21-day period for designation

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shall be treated during that period as if it had been designated “CONFIDENTIAL.”

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After the expiration of that period, the transcript shall be treated only as actually

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designated.

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(c)

for information produced in some form other than documentary and for

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any other tangible items, that the Producing Party affix in a prominent place on the

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exterior of the container or containers in which the information is stored the legend

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“CONFIDENTIAL.” If only a portion or portions of the information warrants

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protection, the Producing Party, to the extent practicable, shall identify the

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protected portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone,

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waive the Designating Party’s right to secure protection under this Order for

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such material. Upon timely correction of a designation, the Receiving Party must

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make reasonable efforts to assure that the material is treated in accordance with

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the provisions of this Order.

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6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a

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designation of confidentiality at any time that is consistent with the

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Court’s Scheduling Order.

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6.2

Meet and Confer. The Challenging Party shall initiate the

dispute resolution process under Local Rule 37-1 et seq.
6.3

Joint Stipulation. Any challenge submitted to the Court shall be

via a joint stipulation pursuant to Local Rule 37-2.
6.4

The burden of persuasion in any such challenge proceeding

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an improper purpose (e.g., to harass or impose unnecessary expenses and

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burdens on other parties) may expose the Challenging Party to sanctions.

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Unless the Designating Party has waived or withdrawn the confidentiality

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designation, all parties shall continue to afford the material in question the
level of protection to which it is entitled under the Producing Party’s

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shall be on the Designating Party. Frivolous challenges, and those made for

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designation until the Court rules on the challenge.

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7. ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that

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is disclosed or produced by another Party or by a Non-Party in connection with this

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Action only for prosecuting, defending or attempting to settle this Action. Such

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Protected Material may be disclosed only to the categories of persons and under

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the conditions described in this Order. When the Action has been terminated, a

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Receiving Party must comply with the provisions of section 13 below (FINAL

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DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a
location and in a secure manner that ensures that access is limited to the persons
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7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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otherwise ordered by the court or permitted in writing by the Designating Party, a

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Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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(a)

the Receiving Party’s Outside Counsel of Record in this Action,

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

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necessary to disclose the information for this Action;

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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

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(b)

whom disclosure is reasonably necessary for this Action and who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(d) the court and its personnel;

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(e) court reporters and their staff;

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(f) professional jury or trial consultants, mock jurors, and Professional

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Vendors to whom disclosure is reasonably necessary for this Action and who have

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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(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

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the Action to whom disclosure is reasonably necessary provided: (1) the deposing

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party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)

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they will not be permitted to keep any confidential information unless they sign the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

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agreed by the Designating Party or ordered by the court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal Protected Material may

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be separately bound by the court reporter and may not be disclosed to anyone

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except as permitted under this Stipulated Protective Order; and

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(i) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.

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8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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

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that compels disclosure of any information or items designated in this Action as

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“CONFIDENTIAL,” that Party must:

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(a)

Promptly notify in writing the Designating Party. Such

notification shall include a copy of the subpoena or court order;

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(b)

Promptly notify in writing the party who caused the subpoena

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or order to issue in the other litigation that some or all of the material covered by

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

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include a copy of this Stipulated Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.

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If the Designating Party timely seeks a protective order, the Party served

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with the subpoena or court order shall not produce any information designated in

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this action as “CONFIDENTIAL” before a determination by the court from which

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the subpoena or order issued, unless the Party has obtained the Designating Party’s

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permission. The Designating Party shall bear the burden and expense of seeking

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protection in that court of its confidential material and nothing in these provisions

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should be construed as authorizing or encouraging a Receiving Party in this Action

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to disobey a lawful directive from another court.

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//

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//

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9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION

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(a)

The terms of this Order are applicable to information produced by a

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Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

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produced by Non-Parties in connection with this litigation is protected by the

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remedies and relief provided by this Order. Nothing in these provisions should be

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construed as prohibiting a Non-Party from seeking additional protections.

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(b)

In the event that a Party is required, by a valid discovery request, to

produce a Non-Party’s confidential information in its possession, and the Party is
subject to an agreement with the Non-Party not to produce the Non-Party’s

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confidential information, then the Party shall:

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(1)

Promptly notify in writing the Requesting Party and the Non-

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Party that some or all of the information requested is subject to a confidentiality

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agreement with a Non-Party.

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(2)

promptly provide the Non-Party with a copy of the Stipulated

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Protective Order in this Action, the relevant discovery request(s), and a reasonably

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specific description of the information requested; and

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(3)

make the information requested available for inspection by the

Non-Party, if requested.

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(c)

If the Non-Party fails to seek a protective order from this court within

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14 days of receiving the notice and accompanying information, the Receiving

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Party may produce the Non-Party’s confidential information responsive to the

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discovery request. If the Non-Party timely seeks a protective order, the Receiving

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Party shall not produce any information in its possession or control that is subject

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to the confidentiality agreement with the Non-Party before a determination by the

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court. Absent a court order to the contrary, the Non-Party shall bear the burden and

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expense of seeking protection in this court of its Protected Material.

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10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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disclosed Protected Material to any person or in any circumstance not authorized

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under this Stipulated Protective Order, the Receiving Party must immediately (a)

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notify in writing the Designating Party of the unauthorized disclosures, (b) use its

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best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

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the person or persons to whom unauthorized disclosures were made of all the terms

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of this Order, and (d) request such person or persons to execute the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

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A.
11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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inadvertently produced material is subject to a claim of privilege or other

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protection, the obligations of the Receiving Parties are those set forth in Federal

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Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

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whatever procedure may be established in an e-discovery order that

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provides for production without prior privilege review. Pursuant to

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Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an

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agreement on the effect of disclosure of a communication or information

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covered by the attorney-client privilege or work product protection, the

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parties may incorporate their agreement in the stipulated protective order

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submitted to the court, as the parties have done in paragraph 12 below.

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12. OBLIGATIONS OF THE PARTIES UPON INADVERTENT

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DISCLOSURE OF ATTORNEY- CLIENT PRIVILEGED OR

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WORK PRODUCT MATERIALS

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12.1. Obligations of Producing Party. If a Producing Party determines that

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certain inadvertently produced document or information is subject to the attorney
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client privilege or the work-product doctrine, the parties shall follow the

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procedures set forth in Federal Rule of Civil Procedure 26(b)(5)(B). That is, the

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Producing Party must notify the Receiving Party of the claim and the basis for it.

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Then, after being notified, the Receiving Party must promptly return, sequester, or

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destroy the specified document or information and any copies it has; must not use

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or disclose the document or information until the claim is resolved (except for in

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connection with motion practice related to whether or not the document or

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information is privileged); must take reasonable steps to retrieve the document or

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information if the party disclosed it before being notified; and may promptly

the claim. Further, the Producing Party must preserve the document or information

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present the document or information to the court under seal for a determination of

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until the claim is resolved. The Parties agree that in connection with submitting a

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disputed document or information to the Court under seal for a determination of

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the claim of privilege, they will comply with Local Rule 37.

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12.2 Obligations of Receiving Party. If a Receiving Party believes that a

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document or information that it received is subject to the attorney client privilege

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or the work-product doctrine, the Receiving Party shall immediately notify the

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Producing Party of its belief that it received privileged or otherwise protected

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material, and the Producing Party will immediately inform the Receiving Party

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whether it asserts the document or information is privileged. In the event that the

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Receiving Party disputes the Producing Party’s claim of attorney client privilege or

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work product doctrine protection, after being notified, the Receiving Party must

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promptly return, sequester, or destroy the specified document or information and

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any copies it has; must not use or disclose the information until the claim is

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resolved (except for in connection with motion practice related to whether or not to

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document or information is privilege); must take reasonable steps to retrieve the

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document or information if the party disclosed it before being notified; and may

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promptly present the document or information to the court under seal for a
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determination of the claim. The Producing Party must preserve the document or

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information until the claim is resolved.

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13. MISCELLANEOUS
13.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the Court in the future.
13.2 Right to Assert Other Objections. By stipulating to the entry of this

disclosing or producing any information or item on any ground not addressed in this

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Stipulated Protective Order. Similarly, no Party waives any right to object on any

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ground to use in evidence of any of the material covered by this Protective Order.
13.3 Filing Protected Material. A Party that seeks to file under seal any

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Protective Order, no Party waives any right it otherwise would have to object to

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Protected Material must comply with Local Civil Rule 79-5. Protected Material may

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only be filed under seal pursuant to a court order authorizing the sealing of the

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specific Protected Material at issue. If a Party’s request to file Protected Material

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under seal is denied by the court, then the Receiving Party may file the information

16

in the public record unless otherwise instructed by the court.

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14. FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 4, within 60

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days of a written request by the Designating Party, each Receiving Party must return

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all Protected Material to the Producing Party or destroy such material. As used in

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this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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summaries, and any other format reproducing or capturing any of the Protected

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Material. Whether the Protected Material is returned or destroyed, the Receiving

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Party must submit a written certification to the Producing Party (and, if not the same

25

person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

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(by category, where appropriate) all the Protected Material that was returned or

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destroyed and (2) affirms that the Receiving Party has not retained any copies,

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abstracts, compilations, summaries or any other format reproducing or capturing any
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of the Protected Material. Notwithstanding this provision, Counsel are entitled to

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retain 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 such

5

materials contain Protected Material. Any such archival copies that contain or

6

constitute Protected Material remain subject to this Protective Order as set forth in

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Section 4 (DURATION).

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15. VIOLATION

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Any violation of this Order may be punished by appropriate measures

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//

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//

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//

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//

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//

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including, without limitation, contempt proceedings and/or monetary sanctions.

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//
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: March 21, 2018

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_/s/ Daniel S. Silverman_____
Daniel Silverman
VENABLE LLP
Attorney for Plaintiffs/Counter-Defendants
Superbalife International, LLC, Verified Nutrition, LLC, and Fred Buckley

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_/s/ Obi I. Iloputaife________
Obi I. Iloputaife
COTMAN IP LAW GROUP, PLC

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DATED: March 21, 2018

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Attorneys for Defendants and Cross-Complainants
Medmark LLC, Danny O’Shea and Brendan O’Shea;
and Defendants Primark, LLC; iHealth Fulfillment Services LLC;
Channel Mark Ventures; Eileen O’Shea; and John Indellicate

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: 3/21/2018

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_________________________________________
ALEXANDER F. MacKINNON
United States Magistrate Judge

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EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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4

I, _____________________________________ [print or type full name], of

5

________________________ [print or type full address], declare under penalty of

6

perjury that I have read in its entirety and understand the Stipulated Protective

7

Order that was issued by the United States District Court for the Central District of

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California on [date] in the case of Superbalife International, LLC v. Primark, LLC,

9

et al., Case No. 2:17-cv-08071-CBM-AFM. I agree to comply with and to be

punishment in the nature of contempt. I solemnly promise that I will not disclose in

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acknowledge that failure to so comply could expose me to sanctions and

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bound by all the terms of this Stipulated Protective Order and I understand and

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any manner any information or item that is subject to this Stipulated Protective

14

Order to any person or entity except in strict compliance with the provisions of this

15

Order.

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I further agree to submit to the jurisdiction of the United States District Court for

17

the Central District of California for enforcing the terms of this Stipulated

18

Protective Order, even if such enforcement proceedings occur after termination of

19

this action.

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I hereby appoint ______________________________ [print or type full name] of

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_____________________________________ [print or type full address and telephone

22

number] as my California agent for service of process in connection with this action or

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any proceedings related to enforcement of this Stipulated Protective Order.

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Date: __________________________________

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City and State where sworn and signed: _______________________________

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27

Printed name: __________________________________
Signature: __________________________________________________

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EXHIBIT A
20134251-v2