Moldex Metric, Inc. v. Swedsafe AB

Filing 39

STIPULATED PROTECTIVE ORDER [NOTE CHANGES MADE BY THE COURT] by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 38 . (see order for details) (hr)

Case ~~~18-cv-03502-JFW-~. _ ~ Document 38 Filed 11/27/18 F. _ ~ 1 of 19 Page ID #:277

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COURTESY

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~~aE~~'~r vis~:~~~~ ~~~~t~E

Q~ TI-~~l:t".iu:ii

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g

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION
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MOLDEX-METRIC,INC., a California
14 corporation,
Plaintiff,

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16

CASE NO. 18-cv-3502-JFW AGR
STIPULATCD
ROTECTI E ORDER

v.

17 SWEDSAFE AB, a Swedish company,
18

Defendant.

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1 1
.

PURPOSES AND LIMITATIONS

2

Pursuant to Federal Rule of Civil Procedure 26(c), the parties hereby stipulate

3 and agree to the request for, and entry of, the following Stipulated Protective Order
4(
hereinafter "Order" or "Stipulated Protective Order")to govern the discovery, use,
5 and handling ofProtected Material, as defined in Section 2, produced by parties and
6 non-parties in the above-captioned case. The parties acknowledge that this Order
7 does not confer blanket protections on all disclosures or responses to discovery and
8 that the protection it affords from public disclosure 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 that this Stipulated Protective
1 1 Order does not entitle them to file Protected Material under seal; Civil Local Rule
12 79 sets forth the procedures that must be followed and the standards that will be
13 applied when a party seeks permission from the court to file material under seal.
14 2
.

DEFINITIONS

15

2.1

Challen~~v: a Party or Non-Party that challenges the designation

16 of information or items under this Order.
17

2
.2

"CONFIDENTIAL" Information or Items: information (regardless of

18 how it is generated, stored or maintained) or tangible things that qualify for
19 protection under Federal Rule of Civil Procedure 26(c).
20

2
.3

Counsel (without qualifier): Outside Counsel of Record and In-House

.
21 Counsel (as well as their support staff
22

2
.4

Desi~natin~ Party: a Party or Non-Party that designates information or

23 items that it produces in disclosures or in responses to discovery as
CONFIDENTIAL" or "HIGHLY CONFIDENTIAL
24 "

ATTORNEYS'EYES

25 ONLY."
26

2.5

Disclosure or Discovery Material: all items or information, regardless

27 of the medium or manner in which it is generated, stored, or maintained (including,
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1 among other things, testimony, transcripts, and tangible things), that are produced or
2 generated in disclosures or responses to discovery in this matter.
3

2
.6

"
HIGHLY CONFIDENTIAL —ATTORNEYS'EYES ONLY"

4 Information or Items: extremely sensitive "Confidential Information or Items,"
5 public disclosure of which would create a substantial risk of serious harm that could
6 not be avoided by less restrictive means.
7

2
.7

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

8 action. In-House Counsel does not include Outside Counsel of Record or any other
9 outside counsel.
10

2.8

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

1 1 other legal entity not named as a Party to this action.
12

2
.9

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

13 but are retained to represent or advise a party and have appeared on behalf ofthat
14 party or are affiliated with a law firm which has appeared on behalf ofthat party.
15

2
.10 Part :any party to this action, including all of its officers, directors,

16 employees, consultants, retained experts, and Outside Counsel of Record (and their
17 support staffs).
18

2.11 Producin~y: a Party or Non-Party that produces Disclosure or

19 Discovery Material in this action.
20

2
.12 Professional Vendors: persons or entities that provide litigation support

21 services (e.g., photocopying, videotaping, translating, preparing exhibits or
22 demonstrations, and organizing, storing, or retrieving data in any form or medium)
23 and their employees and subcontractors.
24

.13 Protected Material: any Disclosure or Discovery Material that is
2

25 designated as "CONFIDENT`IAL," or as "HIGHLY CONFIDENTIAL —
26 ATTORNEYS'EYES ONLY."
27

.14 Receiving Party: a Party that receives Disclosure or Discovery Material
2

rom a Producing Party.
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1 3.

SCOPE

2

The protections conferred by this Stipulation and Order cover not only

3 Protected Material (as defined above), but also(1)any information copied or
4 extracted from Protected Material;(2) all copies, excerpts, summaries, oc
5 compilations of Protected Material; and (3) any testimony, conversations, or
6 presentations by Parties or their Counsel that might reveal Protected Material.
7 However, the protections conferred by this Stipulation and Order do not cover the
8 following information:(a) any information that is in the public domain at the tune of
9 disclosure to a Receiving Party or becomes part of the public domain after its
10 disclosure to a Receiving Party as a result of publication not involving a violation of
1 1 this Order, including becoming part of the public record through trial or otherwise;
12 and (b) any information known to the Receiving Party prior to the disclosure or
13 obtained by the Receiving Party after the disclosure from a source who obtained the
14 information lawfully and under no obligation of confidentiality to the Designating
15 Party.
16 4.

DURATION

17

Even after final disposition of this litigation, the confidentiality obligations

18 imposed by this Order shall remain in effect until a Designating Party agrees
19 otherwise in writing or a court order otherwise directs. Final disposition shall be
0
2 deemed to be the later of(1) dismissal of all claims and defenses in this action, with
21 oc without prejudice; and (2)final judgment herein after the completion and
22 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
23 including the time limits for filing any motions or applications for extension of time
24 pursuant to applicable law.
25 5.

DESIGNATING PROTECTED MATERIAL

26

5.1

Exercise of Restraint and Care in Desi~natin~ Material for Protection.

27 Each Party or Non-Party that designates information or items for protection under
28 this Order must take care to limit any such designation to specific material that
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1 qualifies under the appropriate standards. To the extent it is practical to do so, the
2 Designating Party will attempt to designate for protection only those parts of
3 material, documents, items, or oral or written communications that qualify — so that
4 other portions ofthe material, documents, items, or communications for which
5 protection is not warranted are not swept unjustifiably within the ambit of this
6 Order. Mass, indiscriminate, or routinized designations are prohibited. Nothing in
7 this Order prevents the Receiving Party from challenging the scope ofthe
8 Designating Party's designations and seeking all available relief related thereto.
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 at all or do not qualify for the
1 1 level of protection initially asserted, that Designating Party must promptly notify all
12 other parties that it is withdrawing the mistaken designation.
13

5.2

Manner and Timing of Designations. Except as otherwise provided in

14 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
15 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
16 under this Order must be clearly so designated before the material is disclosed or
17 produced by the Designating Party.
18
19

Designation in conformity with this Order requires:
a)
(

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

2
0

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

21

proceedings), that the Producing Party affix the legend "CONFIDENTIAL" or

22
23
24

HIGHLY CONFIDENTIAL —ATTORNEYS'EYES ONLY"to every page of
"
any document that contains protected material.
A Party or Non-Party that makes original documents or materials available for

25 inspection need not designate them for protection until after the inspecting Party has
6
2 indicated which material it would like copied and produced. During the inspection
27 and before the designation, all ofthe material made available for inspection shall be
28 deemed "HIGHLY CONFIDENTIAL —ATTORNEYS'EYES ONLY." After the
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inspecting Party has identified the documents it wants copied and produced, the
2 Producing Party must determine which documents, or portions thereof, qualify for
3 protection under this Order. Then, before producing the specified documents, the
4 Producing Party must affix the appropriate legend ("CONFIDENTIAL" or
5 "
HIGHLY CONFIDENTIAL

ATTORNEYS' EYES ONLY to every page of any

6 document that contains Protected Material.
7
8
9

~r~~~~~~' ~r *r:~'
for testimony given in deposition~~~~5`
that the Designating Party identify on the record, before the close of

b)
(

the deposition,'~~~~~~, ^~•

~~~~all protected testimony and specify

10

the level of protection being asserted. When it is impractical to identify separately

ll

each portion of testimony that is entitled to protection and it appears that

12

substantial portions of the testimony may qualify for protection, the Designating

13

Party may invoke on the record (before the deposition

14

-~e~~is concluded) a right to have up to 21 days from receipt of a final

15

transcript to identify the specific portions of the testimony as to which protection

16

is sought and to specify the level of protection being asserted. For the avoidance

17

of doubt, the final transcript refers to the original copy provided to the deponent

18

or
f review and signature and does not include the time given to the deponent to

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review for errors, etc. During this 21 day period, the transct•ipt will be treated as if

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2

it has been designated "HIGHLY CONFIDENTIAL —ATTORNEYS'EYES

21

ONLY" in its entirety unless otherwise agreed. After the 21 day period has

22

expired, only those portions of the testimony that are appropriately designated for

23

protection within the 21 days shall be covered by the provisions of this Stipulated

24

Protective Order. Alternatively, a Designating Party may specify, at the

25

deposition or up to 21 days afterwards if that period is properly invoked, that the

26

entire transcript shall be treated as "CONFIDENTIAL" or "HIGHLY

27

CONFIDENTIAL —ATTORNEYS'EYES ONLY."

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Parties shall give the other parties notice if they reasonably expect a
deposition•'

to include Protected Material so that the

other parties can ensure that only authorized individuals are present at those
4 proceedings. The use of a document as an exhibit at a deposition shall not in any
5 ~ ~ way affect its designation as "CONFIDENTIAL" or"HIGHLY CONFIDENTIAL

6 —ATTORNEYS'EYES ONLY."
7

Transcripts containing Protected Material shall have an obvious legend on the
title page that the transcript contains Protected Material, and the title page shall be

9 f
ollowed by a list of all pages (including line numbers as appropriate) that have been
10 designated as Protected Material and the level of protection being asserted by the
1 1 Designating Party. The Designating Party shall inform the court reporter of these
12 requirements.
13

(
c)

for information produced in some form other than

14 documentary and for any other tangible.items, that the Producing Party affix in a
15 prominent place on the exterior of the container or containers in which the
16 information or item is stored the legend "CONFIDENTIAL" or "HIGHLY
17 CONFIDENTIAL —ATTORNEYS'EYES ONLY."
18

5.3

Inadvertent Failures to Designate. If timely corrected after realization

19 that an error has been made, an inadvertent failure to designate qualified information
20 or items does not, standing alone, waive the Designating Party's right to secure
21 protection under this Order for such material. Upon timely correction of a
22 designation, the Receiving Party must make reasonable efforts to assure that the
23 material is treated in accordance with the provisions of this Order.
24 6
.
'
2

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a
CA~Y~4n~-f rvr' UW'~n. ~.5Get.Gl,~.~.k:rtt~. 0t'L~Q~:

2E designation of confidentiality at any tim~ A Party does not waive its right to Q
2i challenge a confidentiality designation by electing not to mount a challenge
2~ promptly after the original designation is disclosed.
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1

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

2 resolution process by providing written notice of each designation it is challenging
3 and describing the basis for each challenge. To avoid ambiguity as to whether a
4 challenge has been made, the written notice must recite that the challenge to
5 ! confidentiality is being made in accordance with this specific paragraph of the
6 Protective Order. The parties shall atteir►pt to resolve each challenge in good faith in
7 accordance with Civil Local Rule 37. In conferring, the Challenging Party must
8 explain the basis for its belief that the confidentiality designation was not proper and
9 must give the Designating Party an opportunity to review the designated material, to
10~ reconsider the circumstances, and, if no change in designation is offered, to explain
1 1 the basis for the chosen designation.
12

6.3

Judicial Intervention. If the Parties cannot resolve a challenge without

13 court intervention, the Challenging Party shall file and serve a Joint Stipulation
14 regarding the disputed confidentiality in accordance with Civil Local Rule 37.
15

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

16 Designating Party. Frivolous challenges and those made for an improper purpose
17 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
18 expose the Challenging Party to sanctions. All parties shall continue to afford the
19 material in question the level of protection to which it is entitled under the
20 Producing Party's designation until the court rules on the challenge.
21 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

22

7.1

Basic Principles. A Receiving Party inay disclose Protected Material

23 only to the categories of persons and under the conditions described in this Order.
24 When the litigation has been terminated, a Receiving Party must comply with the
25 provisions of section 15 below (FINAL DISPOSITION). Protected Material must
26 be stored and rr►aintained by a Receiving Party at a location and in a secure manner
27 that ensures that access is limited to the persons authorized under this Order.
28
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1 All Protected Material, along with the information contained in the Protected
2 Material, shall be used solely for purposes of this action, and no person receiving
3 such Protected Material shall, directly or indirectly, transfer, disclose, or
4 communicate in any way the contents of the documents to any person other than
5 those specified in Paragraphs 7.2 and 7.3; provided however, Protected Material that
6 explicitly identifies McKeon Products, Inc. as the author, sender, or recipient, and
7 testimony regarding such Protected Material, may be used in Moldex's actions
8 against McKeon Products, Inc.(Moldex-Metric, Inc. v. McKeon Products, Inc., Case
9 No. 18-6953-DSF and Moldex-Metric, Inc. v. McKeon Products, Inc., Case No.
10 CV 1 1-0 1 742-CBM) provided that its confidentiality is maintained in those actions
1 1 under the same or substantially similar "CONFIDENTIAL" or "HIGHLY
12 CONFIDENTIAL

ATTORNEYS' EYES ONLY" designations (as the case may

13 be).
14

7.2

Disclosure of"CONFIDENTIAL" Information or Items. Unless

15 otherwise ordered by the court or permitted in writing by the Designating Party, a
16 Receiving Patty may disclose any information or item designated
17 "CONFIDENTIAL" only to:
(a)

18
19

employees of said Outside Counsel of Record;
(b)

0
2
21

one designated employee of the Receiving Party who is

actively involved in assisting with the prosecution or defense of this litigation;
(c)

22
23

the Receiving Party's Outside Counsel of Record, as well as

In-House counsel for the Receiving Party who are actively

engaged in assisting with the prosecution or defense of this litigation;
(d)

24

SwedSafe's outside Swedish counsel, Maria Frodin and Lars

25

Thyresson of Hansson Thyresson AB, who are actively engaged in assisting with

26

the prosecution oc defense of this litigation, as well as employees of said Swedish

27

counsel;

28
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e)
(

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independent outside experts or consultants who are not regular

employees of a Party but are retained on behalf of any ofthe Parties by their
Outside Counsel of Record to assist in this litigation (once the requirements of
4

Paragraph 8 are satisfied);
~
(
g)
(

G
7

the court and its personnel;
court reporters and their staff, professional jury or trial

consultants, and Professional Vendors;

8

h)
(

the Designating Party's party witnesses; and

9

i)
(

persons shown on the face ofthe document to have authored

i
ml
11

or received it.
7.3

Disclosure of"HIGHLY CONFIDENTIAL —ATTORNEYS' EYES

12 ONLY". Unless otherwise ordered by the court or permitted in writing by the
13 Designating Party, a Receiving Party may disclose any information or item
14 designated "HIGHLY CONFIDENTIAL —ATTORNEYS'EYES ONLY" only to:
15
16
17

a)
(

the Receiving Party's Outside Counsel of Record, as well as

employees of said Outside Counsel of Record;
b)
( one(1)designated in-house counsel for Moldex who signs the

18

"
Acknowledgement and Agreement to be Bound" in the form attached as Exhibit

19

A,but only with respect to SwedSafe's production of documents in response to

2
0

Moldex's First Set of Requests for Production of Documents and Things to

21

SwedSafe AB that were served on October 10, 2018;'

22
23

c)
( SwedSafe's outside Swedish counsel identified in Paragraph
7.2(d), as well as employees of said Swedish counsel;

4
2
25

' The parties agree to meet and confer in good faith prior to each subsequent
Moldex's designated in-house counsel or one
6
2 production by either party on whether
employee of SwedSafe may have access to the Designating Party's HIGHLY
27 CONFIDENTIAL —ATTORNEYS'EYES ONLY information; provided however
28 such materials are not proprietary trade secret information.
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( independent outside experts or consultants who are not regular
d)
employees of a Party but are retained on behalf of any of the Parties by their

J

Outside Counsel of Record to assist in this litigation (once the requirements of

4

Paragraph 8 are satisfied);

5

( the court and its personnel;
e)

6

( court reporters and their staff, professional jury or trial
~

7

consultants, and Professional Vendors;

8

( the Designating Party's party witnesses; and
g)

c
~

( persons shown on the face of the document to have authored oc
h)

10

received it.

1 1 I:

INDEPENDENT OUTSIDE EXPERTS OR CONSULTANTS

12

Each person appropriately designated pursuant to Paragraphs 7.2(d) or 7.3(b)

13 ~ ~ to receive information or items designated in this action as "CONFIDENTIAL" or
14 "
HIGHLY CONFIDENTIAL

ATTORNEYS'EYES ONLY"(1) must not be a

15 ~ ~ past or current employee of a Party or of a Party's competitor;(2)at the time of
16 ~ ~ retention must not be anticipated to become an employee of a Party or of a Party's
17 competitor; and (3) must execute the "Acknowledgement and Agreement to be
18 Bound" in the form attached as Exhibit A. Further, in the case of a testifying
19 outside independent expert or consultant, the Designating Party shall be notified at
2 least seven (7) business days prior to disclosure to any such person of the
0
Z1 Designating Party's Protected Material. Such notice shall provide a reasonable
2 description ofthe outside independent person to whom disclosure is sought
2
23 sufficient to permit objection to be made. The burden is then on the Designating
2 Party to promptly object in writing to such disclosure and within seven (7)business
4
25 days after receipt of notice, to apply for appropriate relieffrom the Court. No
2 disclosure shall be made until the latter ofthe following events:(1)the Designating
6
27 Party fails to object and seek appropriate relief within seven (7) business days after
28 receipt of notice; or(2) if the Designating Party objects and seeks appropriate relief
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in the time allotted, the Court enters an Order that permits disclosure to the outside
2 I independent person to whom disclosure is sought.
3 9
.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

4

PRODUCED IN OTHER LITIGATION

5

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

6 that compels public disclosure of any information or items designated in this action
7 ~ as "CONFIDENTIAL" or"HIGHLY CONFIDENTIAL —ATTORNEYS'EYES
8 ONLY"that Party must:
9

(
a)

promptly notify in writing the Designating Party, and in any

10

event no later than ten (10)days before complying with any subpoena or order.

11

Such notification shall include a copy ofthe subpoena or court order;

1?

(
b)

promptly notify in writing the party who caused the subpoena

l~

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

14

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

15

include a copy of this Stipulated Protective Order; and

16
17
18

(
c)

cooperate with respect to all reasonable procedures sought to

be pursued by the Designating Party whose Protected Material may be affected.2
Ifthe Designating Party timely seeks a protective order, the Party served with

l9 the subpoena or court order shall not produce any information designated in this
2 action as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL —ATTORNEYS'
0
21 EYES ONLY" before a determination by the court from which the subpoena or
22 order issued, unless the Party has obtained the Designating Party's permission. The
23 Designating Party shall bear the burden and expense of seeking protection in that
24 court of its confidential material —and nothing in these provisions should be
25
2 The purpose of imposing these duties is to alert the interested parties to the
existence of this Protective Order and to afford the Designating Party in this case an
27 opportunity to try to protect its confidentiality interests in the court from which the
28 subpoena or order issued.
2
6

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1 construed as authorizing or encouraging a Receiving Party in this action to disobey a
2 ~ lawful directive from another court.
3

Ifthe Designating Party takes no effective action to preclude the

4 enforceability ofthe subpoena or order, then the Receiving Party may comply with
5 ~ ~ the subpoena or order.
6 10.

A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE

7

PRODUCED IN THIS LITIGATION
(
a)

9

The terms of this Order are applicable to information produced

by a Non-Party in this action and designated as "CONFIDENT"or "HIGHLY

10

CONFIDENTIAL —ATTORNEYS'EYES ONLY." Such information

11

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

12

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

13

construed as prohibiting allon-Party-from seeking additional protections.

14

(
b)

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

15

request, to produce allon-Party's confidential information in its possession, and

16

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

17

Party's confidential information, then the Party shall:

18

1.

promptly notify in writing the Requesting Party and the

1 9 ~ Non-Party that some or all ofthe information requested is subject to a
~p ~ confidentiality agreement with allon- Party;
21

2
.

promptly provide the Non-Party with a copy of the

22 Stipulated Protective Order in this litigation, the relevant discovery request(s), and a
23 reasonably specific description ofthe information requested; and
4
2

3.

make the information requested available for inspection by

25 ~ ~ the Non-Party.
2
6

(c)

If the Non-Party fails to object or seek a protective order from

27

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

28

the Receiving Party may produce the Non-Party's confidential information
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1

responsive to the discovery request. Ifthe Non-Party timely seeks a protective

2

order, the Receiving Party shall not produce any information in its possession or

3

control that is subject to the confidentiality agreement with the Non-Party before

4

a determination by the court.3 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

6

Protected Material.

7 1 1.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

8

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

9 Protected Material to any person or in any circumstance not authorized under this
10 Stipulated Protective Order, the Receiving Party must immediately(a) notify in
1 1 writing the Designating Party ofthe unauthorized disclosures,(b) use its best efforts
12 to retrieve all unauthorized copies ofthe Protected Material,(c)inform the person or
13 , persons to whom unauthorized disclosures were made of all the terms of this Order,
14 and (d) request such person or persons to execute the "Acknowledgment and
15 Agreement to Be Bound" that is attached hereto as Exhibit A.
16 12.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

17

PROTECTED MATERIAL

18

Ifinformation is produced in discovery that is subject to a claim of privilege

19 or of protection as attorney work product, the party making the claim may notify
20 any party that received the information ofthe claim and the basis for it. After being
21 notified, a party must promptly return or destroy the specified information and any
22 copies it has and may not sequester, use or disclose the information until the claim is
23 resolved. This includes a restriction against presenting the information to the court
~~ for a determination ofthe claim. This provision is not intended to modify whatever
?5 procedure may be established in an e-discovery order that provides for production
26
3 The purpose of this provision is to alert the interested parties to the existence
~~ of confidentiality rights of a Non-Party and to afford the Non-Party an opportunity
~~ 'I to protect its confidentiality interests in this court.
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Case No. 18-cv-3502-JFW-AGR
PROPOSED]STIPULATED PROTECTIVE ORDER
[

Case 2~ ~8-cv-03502-JFW-F~

t Document 38 Filed 11/27118 PG~~ 15 of 19 Page ID #:291

1 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e),
2 insofar as the parties reach an agreement on the effect of disclosure of a
3 communication or information covered by the attorney-client privilege or work
4 product protection, the parties may incorporate their agreement in the stipulated
5 protective order submitted to the court. The party returning such inadvertently
6 ~ produced documents may thereafter challenge any claim of privilege or protection
7 ~ and/or seek ce-production of any such documents pursuant to applicable law, but the
8 ~ inadvertent production shall not be deemed a waiver ofthe privilege or other
9 immunity.
10 13.

REDACTIONS TO COMPLY WITH SWEDISH LAW

11

SwedSafe shall be allowed to make any necessary redactions to comply with

12 Swedish data privacy laws that prohibit the disclosure of personal identifying
13 information; provided however, Moldex may seek leave from the Court to compel
14 removal of said redactions for good cause.
1 5 14.

MISCELLANEOUS

16

14.1

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

17 ~ person to seek its modification by the court in the future.
18

14.2 Filing Protected Material. Without written permission from the

19 ~ ~ Designating Party or a court order secured after appropriate notice to all interested
2 persons, a Panty may not file in the public record any Protected Material. A Party
0
21 that seeks to file under seal any Protected Material must comply with Civil Local
22 Rule 79. Protected Material may only be filed under seal pursuant to a court order
23 authorizing the sealing of the specific Protected Material at issue. Pursuant to Civil
24 Local Rule 79, a sealing order will issue only upon a request establishing that the
25 Protected Material at issue is privileged, protectable as a trade secret, or otherwise
26 entitled to protection under the law. If a Receiving Party's request to file Protected
27 Material under seal pursuant to Civil Local Rule 79 is denied by the court, then the
28
-14-

Case No. 18-cv-3502-JFW-AGR
[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2: 8-cv-03502-JFV~

1

~R Document 38 Filed 11/27/18

.fie 16 of 19 Page ID #:292

Receiving Party may file the Protected Material in the public record pursuant to

2 Civil Local Rule 79 unless otherwise instructed by the court.
3 15.

FINAL DISPOSITION

4

Within 60 days after the final disposition ofthis action, as defined in

5 paragraph 4, each Receiving Party must return all Protected Material to the
6 Producing Party or, destroy such material. As used in this subdivision,"all Protected
7 Material" includes all copies, abstracts, compilations, summaries, and any other
8 format reproducing or capturing any ofthe Protected Material. Whether the
9 Protected Material is returned or destroyed, the Receiving Party must submit a
10 written certification to the Producing Party (and, if not the same person or entity, to
1 1 the Designating Party) by the 60 day deadline that(1) identifies(by category, where
12 appropriate) all the Protected Material that was returned or destroyed and(2)affirms
13 that the Receiving Party has not retained any copies, abstracts, compilations,
14 summaries or any other format reproducing or capturing any ofthe Protected
15 Material. Notwithstanding this provision, Counsel are entitled to retain an archival
16 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
17 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
18 work product, and consultant and expert work product, even if such materials
19 contain Protected Material. Any such archival copies that contain or constitute
2 Protected Material remain subject to this Protective Order as set forth in Section 4
0
21 (DURATION).
22

IT IS SO STIPULATED,THROUGH COUNSEL OF RECORD.

23
2
4
25
26
~~

~x
- j5-

Case No. 18-cv-3502-JFW-AGR
PROPOSED]STIPULATED PROTECTIVE ORDER
[

Case 2~~8-cv-03502-JFW

~R Document 38 Filed 11/27118 ~ ^ge 17 of 19 Page ID #:293

1 ' DATED: November 27, 2018
2

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

3
4
5
6
7
8
9
10

BY /s/Joseph M. Pazmovich
Joseph M. Paunovich(SBN 228222)
[e-mail]
Ali Moghaddas(SBN 305654)
[e-mail]
QUINN EMANUEL URQUHART &
SULLIVAN,LLP
865 S. Figueroa Street, 10`'' Floor
Los Angeles, CA 90017
Telephone:[phone]
Faciinile:[phone]

11
12

Attorneys for Plaintiff Moldex-Metric, Inc.

13
14
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18
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25
2
6
27
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-]
(-

Case No. 18-cv-3502-JFW-AGR
[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2

3502-JFW-f. .-2 Document 38 Filed 11/27/18 P~ ,,a 18 of 19 Page ID #:294

1 DATED: November 27, 2018
2
3

BY /s/ Lau~~a L. Myers
Lauren A. Deeb(SBN 234143)
NELSON MULLINS RILEY &
SCARBOROUGH LLP
19191 South Vermont Avenue, Suite 900
Torrance, CA 90502
Telephone:[phone]
Facsimile:[phone]
E-Mail: [e-mail]

4
5
6
7
8
9

Laura L. Myers(MN Bar No. 387116),
admitted pro hac vice
FREDRIKSON & BYRON,P.A.
200 South Sixth Street, Suite 4000
Minneapolis, MN 55402-1425
Telephone:[phone]
Facsimile:[phone]
E-Mail: [e-mail]

10
11
12
13
14

Attorneys for Defendant
SwedSafe AB

15
16
17

PURSUANT TO STIPULATION,IT IS SO ORDERED.

18
19
2
0

, DATED: NOV, aq
21
22

2018

By:
Honorable Alicia G. Rosenberg
United States Magistrate Judge

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Case No. 18-cv-3502-JFW-AGR
[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:~~.8-cv-03502-JFW-t

,~

Document 38 Filed 11/27118 F, ~z 19 of 19 Page ID #:295

EXHIBIT A

1

2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

I,

[print or type full name], of

5

[
print or type full address], declare under penalty

6 of perjury that I have read in its entirety and understand the Stipulated Protective Order that was

7

issued by the United States District Court for the Central District of California on
[
date] in the case of Moldex-Metric, Inc. v. SwedSafe AB, Case No. CV 18-

8

03502-JFW (AGR). I agree to comply with and to be bound by all the terms ofthis Stipulated

9
10

Protective Order and I understand and acknowledge that failure to so comply could expose me to
sanctions and punishment in the nature of contempt.

11

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

12

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

13

Order, even if such enforcement proceedings occur after termination of this action.
I hereby appoint

14

[print or type full name] of

15
[print or type full address and telephone number] as my California agent for service of process in

16
17

connection with this action or any proceedings related to enforcement ofthis Stipulated Protective
Order.

]`~

19

Date:

2
0

City and State where sworn and signed:

21
22

Printed Name:

23

[Printed Name]

2
4
25
Signature:

2
6
[Signature Name]

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_ j$_

Case No. 18-cv-3502-JFW-AGR
[
PROPOSED]STIPULATED PROTECTIVE ORDER