Premier Fabrics, Inc. v. Walters and Mason Retail, Inc. et al

Filing 66

STIPULATED PROTECTIVE ORDER 63 by Magistrate Judge Steve Kim. (clee)

1 Stephen M. Doniger (SBN 179314)
[e-mail]
2 Scott Alan Burroughs (SBN 235718)
[e-mail]
3 Trevor W. Barrett (SBN 287174)
[e-mail]
4 Justin M. Gomes (SBN 301793)
[e-mail]
5 DONIGER / BURROUGHS
603 Rose Avenue
6 Venice, California 90291
Telephone: [phone]
7
Attorneys for Plaintiff
8 PREMIER FABRICS, INC.
9

SHEPPARD MULLIN RICHTER & HAMPTON LLP
10 P. CRAIG CARDON, Cal. Bar No. 168646
DYLAN J. PRICE, Cal. Bar No. 258896
11 BENJAMIN O. AIGBOBOH, Cal. Bar No. 268531
1901 Avenue of the Stars, Suite 1600
12 Los Angeles, California 90067-6055
Telephone: [phone]
13 Facsimile: 310.228.3701
Email:
[e-mail]
[e-mail]
14
[e-mail]
15
Attorneys for Defendants
16 FAMMA GROUP, INC. and TARGET BRANDS, INC.
17
18
19

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

PREMIER FABRICS, INC., a New
20 York Corporation,
Plaintiff,

21
22

v.

23 WALTERS & MASON RETAIL, INC.,
individually and doing business as
24 ALTAR’D STATE, a Tennessee
Corporation; FAMMA GROUP, INC., a
25 California Corporation; TARGET
BRANDS, INC., a Minnesota
26 Corporation; and DOES 1 through 10,
27
28

Defendants.

Case No. 2:18-cv-02126-JFW-SK
[Assigned to the Hon. John F. Walter]
STIPULATED PROTECTIVE
ORDER
[DISCOVERY MATTER:
REFERRED TO MAGISTRATE
JUDGE STEVE KIM]
Action Filed: March 14, 2018
Trial Date: March 26, 2019

STIPULATED PROTECTIVE ORDER

1 1.

A.

PURPOSES AND LIMITATIONS

2

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

3 proprietary, or private information for which special protection from public disclosure
4 and from use for any purpose other than prosecuting this litigation may be warranted.
5 Accordingly, the parties hereby stipulate to and petition the Court to enter the
6 following Stipulated Protective Order. The parties acknowledge that this Order does
7 not confer blanket protections on all disclosures or responses to discovery and that
8 the protection it affords from public disclosure and use extends only to the limited
9 information or items that are entitled to confidential treatment under the applicable
10 legal principles. The parties further acknowledge, as set forth in Section 12.3, below,
11 that this Stipulated Protective Order does not entitle them to file confidential
12 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be
13 followed and the standards that will be applied when a party seeks permission from
14 the court to file material under seal.
15

B.

16

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

GOOD CAUSE STATEMENT

17 other commercial, financial, technical and/or proprietary information for which
18 special protection from public disclosure and from use for any purpose other than
19 prosecution of this action is warranted. Such confidential and proprietary materials
20 and information consist of, among other things, confidential business or financial
21 information, information regarding confidential business practices, or other
22 confidential commercial information (including information implicating privacy
23 rights of third parties), information otherwise generally unavailable to the public, or
24 which may be privileged or otherwise protected from disclosure under state or federal
25 statutes, court rules, case decisions, or common law. Accordingly, to expedite the
26 flow of information, to facilitate the prompt resolution of disputes over confidentiality
27 of discovery materials, to adequately protect information the parties are entitled to
28 keep confidential, to ensure that the parties are permitted reasonable necessary uses
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STIPULATED PROTECTIVE ORDER

1 of such material in preparation for and in the conduct of trial, to address their handling
2 at the end of the litigation, and serve the ends of justice, a protective order for such
3 information is justified in this matter. It is the intent of the parties that information
4 will not be designated as confidential for tactical reasons and that nothing be so
5 designated without a good faith belief that it has been maintained in a confidential,
6 non-public manner, and there is good cause why it should not be part of the public
7 record of this case.
8 2.

DEFINITIONS

9

2.1

Action: this pending federal law suit.

10

2.2.

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

11 of information or items under this Order.
12

2.3

“CONFIDENTIAL” Information or Items: information (regardless of

13 how it is generated, stored or maintained) or tangible things that qualify for
14 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
15 the Good Cause Statement.
16

2.4

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

17 their support staff).
18

2.5

Designated House Counsel: House Counsel who seek access to

19 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information in this
20 matter.]
21

2.6

Designating Party: a Party or Non-Party that designates information or

22 items that it produces in disclosures or in responses to discovery as
23 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
24 ONLY.”
25

2.7

Disclosure or Discovery Material: all items or information, regardless

26 of the medium or manner in which it is generated, stored, or maintained (including,
27 among other things, testimony, transcripts, and tangible things), that are produced or
28 generated in disclosures or responses to discovery in this matter.
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STIPULATED PROTECTIVE ORDER

1

2.8

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

2 pertinent to the litigation who (1) has been retained by a Party or its counsel to serve
3 as an expert witness or as a consultant in this Action, (2) is not a past or current
4 employee of a Party or of a Party’s competitor, and (3) at the time of retention, is not
5 anticipated to become an employee of a Party or of a Party’s competitor.
6

2.9

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

7 Information or Items: extremely sensitive “Confidential Information or Items,”
8 disclosure of which to another Party or Non-Party would create a substantial risk of
9 serious harm that could not be avoided by less restrictive means.
10

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

11 House Counsel does not include Outside Counsel of Record or any other outside
12 counsel.
13

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

14 other legal entity not named as a Party to this action.
15

2.12 Outside Counsel of Record: attorneys who are not employees of a party

16 to this Action but are retained to represent or advise a party to this Action and have
17 appeared in this Action on behalf of that party or are affiliated with a law firm which
18 has appeared on behalf of that party, and includes support staff.
19

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

20 employees, consultants, retained experts, and Outside Counsel of Record (and their
21 support staffs).
22

2.14

Producing Party: a Party or Non-Party that produces Disclosure or

23 Discovery Material in this Action.
24

2.15 Professional Vendors: persons or entities that provide litigation support

25 services (e.g., photocopying, videotaping, translating, preparing exhibits or
26 demonstrations, and organizing, storing, or retrieving data in any form or medium)
27 and their employees and subcontractors.
28
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STIPULATED PROTECTIVE ORDER

1

2.16 Protected Material:

2 designated as

any Disclosure or Discovery Material that is

“CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –

3 ATTORNEYS’ EYES ONLY.”
4

2.17 Receiving Party: a Party that receives Disclosure or Discovery Material

5 from a Producing Party.
6 3.

SCOPE

7

The protections conferred by this Stipulation and Order cover not only

8 Protected Material (as defined above), but also (1) any information copied or extracted
9 from Protected Material; (2) all copies, excerpts, summaries, or compilations of
10 Protected Material; and (3) any testimony, conversations, or presentations by Parties
11 or their Counsel that might reveal Protected Material.
12

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

13 trial judge. This Order does not govern the use of Protected Material at trial.
14 4.

DURATION

15

Even after final disposition of this litigation, the confidentiality obligations

16 imposed by this Order shall remain in effect until a Designating Party agrees
17 otherwise in writing or a court order otherwise directs. Final disposition shall be
18 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
19 or without prejudice; and (2) final judgment herein after the completion and
20 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
21 including the time limits for filing any motions or applications for extension of time
22 pursuant to applicable law.
23 5.

DESIGNATING PROTECTED MATERIAL

24

5.1

Exercise of Restraint and Care in Designating Material for Protection.

25 Each Party or Non-Party that designates information or items for protection under this
26 Order must take care to limit any such designation to specific material that qualifies
27 under the appropriate standards. The Designating Party must designate for protection
28 only those parts of material, documents, items, or oral or written communications that
SMRH:488644391.1

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STIPULATED PROTECTIVE ORDER

1 qualify so that other portions of the material, documents, items, or communications
2 for which protection is not warranted are not swept unjustifiably within the ambit of
3 this Order.
4

Mass, indiscriminate, or routinized designations are prohibited. Designations

5 that are shown to be clearly unjustified or that have been made for an improper
6 purpose (e.g., to unnecessarily encumber the case development process or to impose
7 unnecessary expenses and burdens on other parties) may expose the Designating Party
8 to sanctions.
9

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

10 designated for protection do not qualify for protection, that Designating Party must
11 promptly notify all other Parties that it is withdrawing the inapplicable designation.
12

5.2

Manner and Timing of Designations. Except as otherwise provided in

13 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
14 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
15 under this Order must be clearly so designated before the material is disclosed or
16 produced.
17

Designation in conformity with this Order requires:

18

(a)

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

19 documents, but excluding transcripts of depositions or other pretrial or trial
20 proceedings), that the Producing Party affix at a minimum, the legend
21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
22 ONLY” to each page that contains protected material. If only a portion or portions
23 of the material on a page qualifies for protection, the Producing Party also must
24 clearly identify the protected portion(s) (e.g., by making appropriate markings in the
25 margins).
26

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

27 need not designate them for protection until after the inspecting Party has indicated
28 which documents it would like copied and produced. During the inspection and before
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STIPULATED PROTECTIVE ORDER

1 the designation, all of the material made available for inspection shall be deemed
2 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting
3 Party has identified the documents it wants copied and produced, the Producing Party
4 must determine which documents, or portions thereof, qualify for protection under
5 this Order. Then, before producing the specified documents, the Producing Party must
6 affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
7 ATTORNEYS’ EYES ONLY”) to each page that contains Protected Material. If only
8 a portion or portions of the material on a page qualifies for protection, the Producing
9 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
10 markings in the margins).
11

(b)

for testimony given in depositions that the Designating Party

12 identify the Disclosure or Discovery Material on the record, before the close of the
13 deposition all protected testimony.
14

(c)

for information produced in some form other than documentary

15 and for any other tangible items, that the Producing Party affix in a prominent place
16 on the exterior of the container or containers in which the information is stored
17 the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
18 EYES ONLY.” If only a portion or portions of the information warrants protection,
19 the Producing Party, to the extent practicable, shall identify the protected portion(s).
20

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

21 failure to designate qualified information or items does not, standing alone, waive the
22 Designating Party’s right to secure protection under this Order for such material.
23 Upon timely correction of a designation, the Receiving Party must make reasonable
24 efforts to assure that the material is treated in accordance with the provisions of this
25 Order.
26
27
28 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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STIPULATED PROTECTIVE ORDER

1

6.1

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

2 designation of confidentiality at any time that is consistent with the Court’s
3 Scheduling Order.
4

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

5 resolution process under Local Rule 37.1 et seq.
6

6.3

The burden of persuasion in any such challenge proceeding shall be on

7 the Designating Party. Frivolous challenges, and those made for an improper purpose
8 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
9 expose the Challenging Party to sanctions. Unless the Designating Party has waived
10 or withdrawn the confidentiality designation, all parties shall continue to afford the
11 material in question the level of protection to which it is entitled under the Producing
12 Party’s designation until the Court rules on the challenge.
13 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

14

7.1

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

15 disclosed or produced by another Party or by a Non-Party in connection with this
16 Action only for prosecuting, defending, or attempting to settle this Action. Such
17 Protected Material may be disclosed only to the categories of persons and under the
18 conditions described in this Order. When the Action has been terminated, a
19 Receiving Party must comply with the provisions of section 13 below (FINAL
20 DISPOSITION).
21

Protected Material must be stored and maintained by a Receiving Party at a

22 location and in a secure manner that ensures that access is limited to the persons
23 authorized under this Order.
24

7.2

Disclosure of “CONFIDENTIAL” Information or Items.

Unless

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

Party

may

disclose

any

information

or

item

designated

27 “CONFIDENTIAL” only to:
28
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STIPULATED PROTECTIVE ORDER

1

(a)

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

2 as well as employees of said Outside Counsel of Record to whom it is reasonably
3 necessary to disclose the information for this Action;
4

(b)

the officers, directors, and employees (including House

5 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this
6 Action;
7

(c)

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

8 disclosure is reasonably necessary for this Action and who have signed the
9 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
10

(d)

the court and its personnel;

11

(e)

court reporters and their staff;

12

(f)

professional jury or trial consultants, mock jurors, and

13 Professional Vendors to whom disclosure is reasonably necessary for this Action and
14 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15

(g)

the author or recipient of a document containing the information

16 or a custodian or other person who otherwise possessed or knew the information;
17

(h)

during their depositions, witnesses, and attorneys for witnesses, in

18 the Action to whom disclosure is reasonably necessary provided: (1) the deposing
19 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they
20 will not be permitted to keep any confidential information unless they sign the
21 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
22 agreed by the Designating Party or ordered by the court. Pages of transcribed
23 deposition testimony or exhibits to depositions that reveal Protected Material may be
24 separately bound by the court reporter and may not be disclosed to anyone except as
25 permitted under this Stipulated Protective Order; and
26

(i)

any mediator or settlement officer, and their supporting

27 personnel, mutually agreed upon by any of the parties engaged in settlement
28 discussions.
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STIPULATED PROTECTIVE ORDER

1

7.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

2 ONLY” Information or Items.
3

Unless otherwise ordered by the court or permitted in writing by the

4 Designating Party, a Receiving Party may disclose any information or item designated
5 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
6

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

7 employees of said Outside Counsel of Record to whom it is reasonably necessary to
8 disclose the information for this litigation and who have signed the “Acknowledgment
9 and Agreement to Be Bound” that is attached hereto as Exhibit A;
10

(b) Designated House Counsel of the Receiving Party (1) who has no

11 involvement in competitive decision-making, (2) to whom disclosure is reasonably
12 necessary for this litigation, (3) who has signed the “Acknowledgment and Agreement
13 to Be Bound” (Exhibit A), and (4) as to whom the procedures set forth in paragraph
14 7.4(a)(1), below, have been followed;
15

(c) Experts of the Receiving Party (1) to whom disclosure is reasonably

16 necessary for this litigation, (2) who have signed the “Acknowledgment and
17 Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth in
18 paragraph 7.4(a)(2), below, have been followed;
19

(d) the court and its personnel;

20

(e) court reporters and their staff, professional jury or trial consultants, and

21 Professional Vendors to whom disclosure is reasonably necessary for this litigation
22 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
23 A); and
24

(f) the author or recipient of a document containing the information or a

25 custodian or other person who otherwise possessed or knew the information.
26

7.4

Procedures for Approving or Objecting to Disclosure of “HIGHLY

27 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to
28 Designated House Counsel or Experts.
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STIPULATED PROTECTIVE ORDER

1

(a)(1) Unless otherwise ordered by the court or agreed to in writing by the

2 Designating Party, a Party that seeks to disclose to Designated House Counsel any
3 information or item that has been designated “HIGHLY CONFIDENTIAL –
4 ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(b) first must make a written
5 request to the Designating Party that (1) sets forth the full name of the Designated
6 House Counsel and the city and state of his or her residence, and (2) describes the
7 Designated House Counsel’s current and reasonably foreseeable future primary job
8 duties and responsibilities in sufficient detail to determine if House Counsel is
9 involved, or may become involved, in any competitive decision-making.
10

(a)(2) Unless otherwise ordered by the court or agreed to in writing by the

11 Designating Party, a Party that seeks to disclose to an Expert (as defined in this Order)
12 any information or item that has been designated “HIGHLY CONFIDENTIAL –
13 ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(c) first must make a written
14 request to the Designating Party that (1) identifies the general categories of “HIGHLY
15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information that the Receiving
16 Party seeks permission to disclose to the Expert, (2) sets forth the full name of the
17 Expert and the city and state of his or her primary residence, (3) attaches a copy of
18 the Expert’s current resume, (4) identifies the Expert’s current employer(s), (5)
19 identifies each person or entity from whom the Expert has received compensation or
20 funding for work in his or her areas of expertise or to whom the expert has provided
21 professional services, including in connection with a litigation, at any time during the
22 preceding five years, and (6) identifies (by name and number of the case, filing date,
23 and location of court) any litigation in connection with which the Expert has offered
24 expert testimony, including through a declaration, report, or testimony at a deposition
25 or trial, during the preceding five years.
26

(b) A Party that makes a request and provides the information specified in the

27 preceding respective paragraphs may disclose the subject Protected Material to the
28 identified Designated House Counsel or Expert unless, within 14 days of delivering
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STIPULATED PROTECTIVE ORDER

1 the request, the Party receives a written objection from the Designating Party. Any
2 such objection must set forth in detail the grounds on which it is based.
3

(c) A Party that receives a timely written objection must meet and confer with

4 the Designating Party (through direct voice to voice dialogue) to try to resolve the
5 matter by agreement within seven days of the written objection. If no agreement is
6 reached, the Party seeking to make the disclosure to Designated House Counsel or the
7 Expert may file a motion seeking permission from the court to do so. Any such motion
8 must describe the circumstances with specificity, set forth in detail the reasons why
9 the disclosure to Designated House Counsel or the Expert is reasonably necessary,
10 assess the risk of harm that the disclosure would entail, and suggest any additional
11 means that could be used to reduce that risk. In addition, any such motion must be
12 accompanied by a competent declaration describing the parties’ efforts to resolve the
13 matter by agreement (i.e., the extent and the content of the meet and confer
14 discussions) and setting forth the reasons advanced by the Designating Party for its
15 refusal to approve the disclosure.
16

In any such proceeding, the Party opposing disclosure to Designated House

17 Counsel or the Expert shall bear the burden of proving that the risk of harm that the
18 disclosure would entail (under the safeguards proposed) outweighs the Receiving
19 Party’s need to disclose the Protected Material to its Designated House Counsel or
20 Expert.
21 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

22 OTHER LITIGATION
23

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

24 compels disclosure of any information or items designated in this Action as
25 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
26 ONLY” that Party must:
27

(a)

promptly notify in writing the Designating Party. Such notification shall

28 include a copy of the subpoena or court order;
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STIPULATED PROTECTIVE ORDER

1

(b)

promptly notify in writing the party who caused the subpoena or order to

2 issue in the other litigation that some or all of the material covered by the subpoena
3 or order is subject to this Protective Order. Such notification shall include a copy of
4 this Stipulated Protective Order; and
5

(c)

cooperate with respect to all reasonable procedures sought to be pursued

6 by the Designating Party whose Protected Material may be affected. If the
7 Designating Party timely seeks a protective order, the Party served with the subpoena
8 or court order shall not produce any information designated in this action as
9 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
10 ONLY” before a determination by the court from which the subpoena or order issued,
11 unless the Party has obtained the Designating Party’s permission. The Designating
12 Party shall bear the burden and expense of seeking protection in that court of its
13 confidential material and nothing in these provisions should be construed as
14 authorizing or encouraging a Receiving Party in this Action to disobey a lawful
15 directive from another court.
16 9.

A

NON-PARTY’S

PROTECTED

MATERIAL

SOUGHT

TO

BE

17 PRODUCED IN THIS LITIGATION
18

(a)

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

19 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
20 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by
21 Non-Parties in connection with this litigation is protected by the remedies and relief
22 provided by this Order. Nothing in these provisions should be construed as
23 prohibiting a Non-Party from seeking additional protections.
24

(b)

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

25 produce a Non-Party’s confidential information in its possession, and the Party is
26 subject to an agreement with the Non-Party not to produce the Non-Party’s
27 confidential information, then the Party shall:
28
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STIPULATED PROTECTIVE ORDER

1

(1)

promptly notify in writing the Requesting Party and the Non-

2 Party that some or all of the information requested is subject to a confidentiality
3 agreement with a Non-Party;
4

(2)

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

5 Protective Order in this Action, the relevant discovery request(s), and a reasonably
6 specific description of the information requested; and
7

(3)

make the information requested available for inspection by the

8 Non-Party, if requested.
9

(c)

If the Non-Party fails to seek a protective order from this court within 14

10 days of receiving the notice and accompanying information, the Receiving Party may
11 produce the Non-Party’s confidential information responsive to the discovery request.
12 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
13 any information in its possession or control that is subject to the confidentiality
14 agreement with the Non-Party before a determination by the court. Absent a court
15 order to the contrary, the Non-Party shall bear the burden and expense of seeking
16 protection in this court of its Protected Material.
17 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

18

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

19 Protected Material to any person or in any circumstance not authorized under this
20 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
21 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
22 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
23 persons to whom unauthorized disclosures were made of all the terms of this Order,
24 and (d) request such person or persons to execute the “Acknowledgment and
25 Agreement to Be Bound” that is attached hereto as Exhibit A.
26 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

27 PROTECTED MATERIAL
28
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STIPULATED PROTECTIVE ORDER

1

When a Producing Party gives notice to Receiving Parties that certain

2 inadvertently produced material is subject to a claim of privilege or other protection,
3 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
4 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
5 may be established in an e-discovery order that provides for production without
6 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
7 as the parties reach an agreement on the effect of disclosure of a communication or
8 information covered by the attorney-client privilege or work product protection, the
9 parties may incorporate their agreement in the stipulated protective order submitted
10 to the court.
11 12.

MISCELLANEOUS

12

12.1 Right to Further Relief. Nothing in this Order abridges the right of any

13 person to seek its modification by the Court in the future.
14

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

15 Protective Order no Party waives any right it otherwise would have to object to
16 disclosing or producing any information or item on any ground not addressed in this
17 Stipulated Protective Order. Similarly, no Party waives any right to object on any
18 ground to use in evidence of any of the material covered by this Protective Order.
19

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

20 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
21 only be filed under seal pursuant to a court order authorizing the sealing of the specific
22 Protected Material at issue. If a Party's request to file Protected Material under seal is
23 denied by the court, then the Receiving Party may file the information in the public
24 record unless otherwise instructed by the court.
25 13.

FINAL DISPOSITION

26

After the final disposition of this Action, as defined in paragraph 4, within 60

27 days of a written request by the Designating Party, each Receiving Party must return
28 all Protected Material to the Producing Party or destroy such material. As used in this
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STIPULATED PROTECTIVE ORDER

1 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
2 summaries, and any other format reproducing or capturing any of the Protected
3 Material. Whether the Protected Material is returned or destroyed, the Receiving Party
4 must submit a written certification to the Producing Party (and, if not the same person
5 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
6 category, where appropriate) all the Protected Material that was returned or
7 destroyed and (2) affirms that the Receiving Party has not retained any copies,
8 abstracts, compilations, summaries or any other format reproducing or capturing any
9 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
10 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
11 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
12 reports, attorney work product, and consultant and expert work product, even if such
13 materials contain Protected Material. Any such archival copies that contain or
14 constitute Protected Material remain subject to this Protective Order as set forth in
15 Section 4 (DURATION).
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23 14.

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

24 measures including, without limitation, contempt proceedings and/or monetary
25 sanctions.
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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SMRH:488644391.1

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STIPULATED PROTECTIVE ORDER

1 Dated: November 13, 2018

DONIGER / BURROUGHS

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By

/s/ Trevor W. Barrett
STEPHEN M. DONIGER
SCOTT A. BURROUGHS
TREVOR W. BARRETT
JUSTIN M. GOMES

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Attorneys for Plaintiff
PREMIER FABRICS, INC.

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10 Dated: November 13, 2018

SHEPPARD MULLIN RICHTER & HAMPTON LLP

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By

/s/ Dylan J. Price
P. CRAIG CARDON
DYLAN J. PRICE
BENJAMIN O. AIGBOBOH

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Attorneys for Defendants
FAMMA GROUP, INC. and
TARGET BRANDS, INC.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
DATED: December 27, 2018
_____________________________________
Honorable Steve Kim
United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER

1

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],
6 declare under penalty of perjury that I have read in its entirety and understand the
7 Stipulated Protective Order that was issued by the United States District Court for the
8 Central District of California on __________ [date] in the case of PREMIER
9 FABRICS, INC. V. WALTERS & MASON RETAIL, INC., et al., U.S.D.C. C.D. Cal.
10 Case No. 2:18-cv-02126-JFW-SK. I agree to comply with and to be bound by all the
11 terms of this Stipulated Protective Order and I understand and acknowledge that
12 failure to so comply could expose me to sanctions and punishment in the nature of
13 contempt. I solemnly promise that I will not disclose in any manner any information
14 or item that is subject to this Stipulated Protective Order to any person or entity except
15 in strict compliance with the provisions of this Order.
16

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

17 for the Central District of California for the purpose of enforcing the terms of this
18 Stipulated Protective Order, even if such enforcement proceedings occur after
19 termination of this action. I hereby appoint ___________________________ [print
20 or type full name] of _______________________________________ [print or type
21 full address and telephone number] as my California agent for service of process in
22 connection with this action or any proceedings related to enforcement of this
23 Stipulated Protective Order.
24

Date: _________________

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City and State where sworn and signed: ______________________________

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Printed name: _______________________________
Signature: __________________________________
SMRH:488644391.1

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STIPULATED PROTECTIVE ORDER