The Honest Company, Inc. v. Jakks Pacific, Inc.

Filing 21

STIPULATED PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg. re Stipulation for Protective Order 20 . (See Order for Further Details) (kl)

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RUSS, AUGUST & KABAT

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RUSS, AUGUST & KABAT
Irene Y. Lee, State Bar No. 213625
E-mail: [e-mail]
Jean Y. Rhee, State Bar No. 234916
E-mail: [e-mail]
Twelfth Floor
12424 Wilshire Boulevard
Los Angeles, California 90025
Telephone: [phone]
Facsimile: 310.826.6991
Attorneys for Plaintiff
The Honest Company, Inc.
Michael Dwyer, State Bar No. 181187
SVP, Legal
JAKKS Pacific, Inc.
2951 28th St., Santa Monica, CA 90405
[phone]

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Attorney for Defendant
JAKKS Pacific, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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THE HONEST COMPANY, INC. a
Delaware corporation,
Plaintiff,

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[Assigned to Hon. Philip S. Gutierrez]

vs.

STIPULATED PROTECTIVE
ORDER

JAKKS PACIFIC, INC., a Delaware
corporation,

Original Complaint Filed:
November 3, 2017

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Case No. 2:17-cv-08072-PSG (AGR)

Defendant.

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180117 Stip PO.docx

STIPULATED PROTECTIVE ORDER

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A.

PURPOSES AND LIMITATIONS

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 may

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

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enter the following Stipulated Protective Order. The parties acknowledge that this

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Order does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords from public disclosure and use extends

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only to the limited information or items that are entitled to confidential treatment

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under the applicable legal principles. The parties further acknowledge, as set forth

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in Section 12.3, below, that this Stipulated Protective Order does not entitle them

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to file confidential information under seal; Civil Local Rule 79-5 sets forth the

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procedures that must be followed and the standards that will be applied when a

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party seeks permission from the court to file material under seal.

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B.

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The parties to this case may need to produce sensitive trade secrets,

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customer and pricing lists and other valuable research, development, commercial,

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financial, technical and/or proprietary information for which special protection

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

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action is warranted. Such confidential and proprietary materials and information

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consist of, among other things, confidential business or financial information,

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including marketing/strategic plans and sales information, information regarding

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confidential business practices, or other confidential research, development, or

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commercial information, information otherwise generally unavailable to the public,

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or which may be privileged or otherwise protected from disclosure under state or

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federal statutes, court rules, case decisions, or common law. While such material

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may be relevant to this litigation, it may be damaging if competitors, licensees, or

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others have full access to it. Accordingly, to expedite the flow of information, to
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GOOD CAUSE STATEMENT

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STIPULATED PROTECTIVE ORDER

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facilitate the prompt resolution of disputes over confidentiality of discovery

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materials, to adequately protect information the parties are entitled to keep

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confidential, to ensure that the parties are permitted reasonable necessary uses of

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such material in preparation for and in the conduct of trial, to address their

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handling at the end of the litigation, and serve the ends of justice, a protective order

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for such information is justified in this matter. It is the intent of the parties that

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information will not be designated as confidential for tactical reasons and that

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nothing be so designated without a good faith belief that it has been maintained in

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a confidential, non-public manner, and there is good cause why it should not be
part of the public record of this case.

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2.

DEFINITIONS

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2.1

Action: this pending federal lawsuit.

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2.2

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

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designation of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of

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how it is generated, stored or maintained) or tangible things that the Producing

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Party believes in good faith to qualify for protection under Federal Rule of Civil

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Procedure 26(c).

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2.4

“CONFIDENTIAL-ATTORNEYS’ EYES ONLY” Information or

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Items: information (regardless of how it is generated, stored or maintained) or

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tangible things that the Producing Party believes in good faith to include private,

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proprietary, or personal information that has not been made generally available to

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the public, and is highly sensitive such that its disclosure would harm a Party’s

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competitive position and give the other Party or a Non-Party an unfair competitive

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advantage over that Party.

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2.5

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

as their support staff).
2.6
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Designating Party: a Party or Non-Party that designates information or
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STIPULATED PROTECTIVE ORDER

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items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ EYES ONLY.”

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2.7

Disclosure or Discovery Material: all items or information, regardless

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

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among other things, testimony, transcripts, and tangible things), that are produced

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

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2.8

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

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

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as an expert witness or as a consultant in this Action. Prior to the disclosure of any

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Protected Material to an Expert, the Party seeking to make such disclosure must

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provide the Designating Party with a writing that (a) identifies the Expert, (b)

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attaches a copy of the Expert’s current curriculum vitae, (c) lists the Expert’s

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current business or consulting affiliations, (d) lists each person or entity from

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whom the Expert has received compensation or funding for work in his or her

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areas of expertise or to whom the expert has provided professional services,

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including in connection with a litigation, at any time during the preceding five (5)

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years, and (e) identifies (by name and number of the case, filing date, and location

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of court) any litigation in connection with which the Expert has offered expert

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testimony, including through a declaration, report, or testimony at a deposition or

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trial, during the preceding five (5) years (“Identification”).

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The Designating Party shall have five (5) business days from receipt of the

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Identification to object to the disclosure of its Protected Material to the identified

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Expert. The objection must be made for good cause and in writing, stating with

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particularity the reasons for the objection. Failure to provide such a written

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objection within the five (5) business day period constitutes agreement as to

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disclosure.

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A Party seeking to disclose Protected Material to an Expert that receives a

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timely written objection pursuant to this section shall meet and confer with the
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STIPULATED PROTECTIVE ORDER

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Designating Party (through direct voice to voice dialogue, whether carried out

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telephonically or in person) to try and resolve the matter by agreement within five

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(5) business days. If no agreement is reached, the Party seeking to disclose

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Protected Material to the Expert may move the Court to resolve the matter. There

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shall be no disclosure of Protected Material to an Expert unless the Designating

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Party agrees to such disclosure (including by failing to timely object as set forth

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herein), or the Court has ordered such disclosure.
This section does not alter or affect the disclosure requirements governing

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the use of testifying experts as provided in the Federal Rules of Civil Procedure,

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and the Parties hereby affirm that they will fully comply with all such

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requirements.

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2.9

In-House Counsel: attorneys who are employees of a party to this

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Action. In-House Counsel does not include Outside Counsel of Record or any

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other outside counsel.

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2.10 Non-Party: any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this action.

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2.11 Outside Counsel of Record: attorneys who are not employees of a

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

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

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

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2.12 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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2.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2.14 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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STIPULATED PROTECTIVE ORDER

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and their employees and subcontractors.

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2.15 Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ EYES

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ONLY.”

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2.16 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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3.

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

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Protected Material (as defined above), but also (1) any information copied or

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extracted from Protected Material; (2) all copies, excerpts, summaries, or

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compilations of Protected Material; and (3) any testimony, conversations, or

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presentations by Parties or their Counsel that might reveal Protected Material.

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Any use of Protected Material at trial shall be governed by the orders of the

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trial judge. This Order does not govern the use of Protected Material at trial.

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this Action,

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with or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of

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time pursuant to applicable law.

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5.

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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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STIPULATED PROTECTIVE ORDER

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

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communications

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documents, items, or communications for which protection is not warranted are not

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swept unjustifiably within the ambit of this Order.

that

qualify

so

that

other

portions

of

the

material,

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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

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impose unnecessary expenses and burdens on other parties) may expose the

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Designating Party to sanctions.
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

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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

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produced.

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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

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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”

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(hereinafter “CONFIDENTIALITY Legend”), to each page that contains protected

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material. If only a portion or portions 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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(e.g., by making appropriate markings in the margins).

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or

“CONFIDENTIAL-ATTORNEYS’

EYES

ONLY”

A Party or Non-Party that makes original documents available for
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STIPULATED PROTECTIVE ORDER

inspection need not designate them for protection until after the inspecting Party

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has indicated which documents it would like copied and produced. During the

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inspection and before the designation, all of the material made available for

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inspection shall be deemed “CONFIDENTIAL-ATTORNEYS’ EYES ONLY.”

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After the inspecting Party has identified the documents it wants copied and

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produced, the Producing Party must determine which documents, or portions

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thereof, qualify for protection under this Order. Then, before producing the

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specified

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“CONFIDENTIALITY Legend” to each page that contains Protected Material. If

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only a portion or portions of the material on a page qualifies for protection, the

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Producing Party also must clearly identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).

documents,

the

Producing

Party

must

affix

the

appropriate

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(b) for testimony given in depositions that the Designating Party

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identify the Disclosure or Discovery Material on the record, before the close of the

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deposition all protected testimony.

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(c) for information produced in some form other than documentary

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and for any other tangible items, that the Producing Party affix in a prominent

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place on the exterior of the container or containers in which the information is

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stored the appropriate “CONFIDENTIALITY Legend.” If only a portion or

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portions of the information warrants protection, the Producing Party, to the extent

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practicable, shall identify the 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, waive

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

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

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

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provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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STIPULATED PROTECTIVE ORDER

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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 Court’s

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Scheduling Order.

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Civil Local Rule 37-1 et seq.

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6.3

The burden of persuasion in any such challenge proceeding shall be

on the Designating Party. Frivolous challenges, and those made for an improper

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the Challenging Party to sanctions. Unless the Designating

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Party has waived or withdrawn the confidentiality designation, all parties shall

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continue to afford the material in question the level of protection to which it is

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entitled under the Producing Party’s designation until the Court rules on the

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challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is

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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

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location and in a secure manner that ensures that access is limited to the persons

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authorized under this Order.

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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

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“CONFIDENTIAL” only to:
180117 Stip PO.docx

Party

may

disclose

any

information

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STIPULATED PROTECTIVE ORDER

or

item

designated

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(a) the Receiving Party’s Outside Counsel of Record in this Action, as

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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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(b) the officers, directors, and employees (including In-House

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Counsel) of the Receiving Party to whom disclosure is reasonably necessary for

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this Action;
(c) Experts (as defined in this Order) of the Receiving Party to whom

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

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“Acknowledgment and Agreement to Be Bound” (Exhibit A), subject to the

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procedure regarding disclosure of Protected Material set forth in Section 2.8

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herein;

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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;

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(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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STIPULATED PROTECTIVE ORDER

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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.
7.3

Disclosure of “CONFIDENTIAL-ATTORNEYS’ EYES ONLY”

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Information or Items. Unless otherwise ordered by the court or permitted in writing

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by the Designating Party, a Receiving Party may disclose any information or item

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designated “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” only to:

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(a) the Receiving Party’s Outside Counsel of Record in this Action, as

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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;
(b) Experts (as defined in this Order) of the Receiving Party to whom

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

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“Acknowledgment and Agreement to Be Bound” (Exhibit A), subject to the

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procedure regarding disclosure of Protected Material set forth in Section 2.8

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herein;

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(c) the court and its personnel;

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(d) court reporters and their staff;

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(e) 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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(f) the author or recipient of a document containing the information or
a custodian or other person who otherwise possessed or knew the information;

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(g) 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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STIPULATED PROTECTIVE ORDER

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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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4

(h) 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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Notwithstanding the foregoing, the Parties may mutually agree in writing to

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allow one or more identified employees of the Receiving Party to access

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information or items designated “CONFIDENTIAL-ATTORNEYS’ EYES

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ONLY” subject to the conditions, restrictions, and obligations set forth in this

9

Protective Order and any other agreed upon conditions, restrictions, and
obligations on a case by case basis without having to seek leave of court.

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8.

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IN OTHER LITIGATION

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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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

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as “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” that

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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 or

20

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

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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” or “CONFIDENTIAL-ATTORNEYS’ EYES

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ONLY” before a determination by the court from which the subpoena or order
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STIPULATED PROTECTIVE ORDER

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issued, unless the Party has obtained the Designating Party’s permission. The

2

Designating Party shall bear the burden and expense of seeking protection in that

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court of its confidential material and nothing in these provisions should be

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construed as authorizing or encouraging a Receiving Party in this Action to

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disobey a lawful directive from another court.

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9.

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PRODUCED IN THIS LITIGATION

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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

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a Non-Party in this Action and designated as “CONFIDENTIAL” or

10

“CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” Such information produced by

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8

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

12

relief provided by this Order. Nothing in these provisions should be construed as

13

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,

15

to produce a Non-Party’s confidential information in its possession, and the Party

16

is subject to an agreement with the Non-Party not to produce the Non-

17

Party’s confidential information, then the Party shall:

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(1) promptly notify in writing the Requesting Party and the

19

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

20

confidentiality agreement with a Non-Party;

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(2) promptly provide the Non-Party with a copy of the

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

23

reasonably 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.

26

(c) If the Non-Party fails to seek a protective order from this court

27

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

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Receiving Party may produce the Non-Party’s confidential information responsive
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STIPULATED PROTECTIVE ORDER

1

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

2

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

3

is subject to the confidentiality agreement with the Non-Party before a

4

determination by the court. Absent a court order to the contrary, the Non-Party

5

shall bear the burden and expense of seeking protection in this court of its

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Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has

9

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

10

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

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8

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

12

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

13

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

14

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.

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11.

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PROTECTED MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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When a Producing Party gives notice to Receiving Parties that certain

20

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

21

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

22

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

23

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

24

production without prior privilege review. Pursuant to Federal Rule of Evidence

25

502(d) and (e), the inadvertent disclosure of a communication or information

26

covered by the attorney-client privilege or work product protection does not effect

27

a waiver in connection with the Action or any other federal or state proceeding.

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12.

MISCELLANEOUS

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STIPULATED PROTECTIVE ORDER

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2

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.

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12.2 Right to Assert Other Objections. By stipulating to the entry of this

4

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

5

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

6

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

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any ground to use in evidence of any of the material covered by this Protective

8

Order.
12.3 Filing Protected Material. A Party that seeks to file under seal any

10

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

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RUSS, AUGUST & KABAT

9

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

12

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

13

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

14

in the public record unless otherwise instructed by the court.

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13.

FINAL DISPOSITION

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After the final disposition of this Action, as defined in Section 4

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(DURATION), each Receiving Party must return all Protected Material to the

18

Producing Party or destroy such material. As used in this subdivision, “all

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Protected Material” includes all copies, abstracts, compilations, summaries, and

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any other format reproducing or capturing any of the Protected Material. Whether

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the Protected Material is returned or destroyed, the Receiving Party must submit a

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written certification to the Producing Party (and, if not the same person or entity, to

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the Designating Party) by the 60th day after the final disposition of this Action that

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(1) identifies (by category, where appropriate) all the Protected Material that was

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returned or destroyed and (2) affirms that the Receiving Party has not retained any

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copies, abstracts, compilations, summaries or any other format reproducing or

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capturing any of the Protected Material. Notwithstanding this provision, Counsel

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are entitled to retain an archival copy of all pleadings, motion papers, trial,
180117 Stip PO.docx

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STIPULATED PROTECTIVE ORDER

1

deposition, and hearing transcripts, legal memoranda, correspondence, deposition

2

and trial exhibits, expert reports, attorney work product, and consultant and expert

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work product, even if such materials contain Protected Material. Any such archival

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copies that contain or constitute Protected Material remain subject to this

5

Protective Order as set forth in Section 4 (DURATION).

6

14.

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measures including, without limitation, contempt proceedings and/or monetary

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sanctions.

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10

Any violation of this Order may be punished by any and all appropriate

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: January 17, 2018

RUSS, AUGUST & KABAT

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RUSS, AUGUST & KABAT
Irene Y. Lee
Jean Y. Rhee

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13

By: /s/ Irene Y. Lee
Irene Y. Lee
Attorneys for Plaintiff The Honest
Company, Inc.

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15
16

DATED: January __, 2018

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18

By:

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Michael Dwyer, SVP, Legal
Attorney for Defendant JAKKS
Pacific, Inc.

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22

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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24
25

DATED: January 22, 2018

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_______________________
_____________________________________
_
_
_
Hon.
Hon Alicia G. Rosenberg
G
g
United States Magistrate Judge

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180117 Stip PO.docx

16
STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I,

4

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

5

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

6

was issued by the United States District Court for the Central District of California

7

on [date] in the case of The Honest Company, Inc. v. Jakks Pacific, Inc., 2:17-cv-

8

08072-PSG (AGR). I agree to comply with and to be bound by all the terms of this

9

Stipulated Protective Order and I understand and acknowledge that failure to so

10

comply could expose me to sanctions and punishment in the nature of contempt. I

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RUSS, AUGUST & KABAT

3

solemnly promise that I will not disclose in any manner any information or item

12

that is subject to this Stipulated Protective Order to any person or entity except in

13

strict compliance with the provisions of this Order.

_____________________________

[print

or

type

full

name],

of

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

15

Court for the Central District of California for the purpose of enforcing the terms

16

of this Stipulated Protective Order, even if such enforcement proceedings occur

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after termination of this action. I hereby appoint __________________________

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[print or type full name] of _______________________________________ [print

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or type full address and telephone number] as my California agent for service of

20

process in connection with this action or any proceedings related to enforcement of

21

this Stipulated Protective Order.

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23

Date: ______________

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City and State where sworn and signed:

___________________________

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26

Printed name: _______________________________

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Signature: __________________________________
180117 Stip PO.docx

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STIPULATED PROTECTIVE ORDER