James R. Moder Crystal Chandelier Inc. v. Maxim Lighting International Inc.

Filing 34

JOINT STIPULATED PROTECTIVE ORDER 33 by Magistrate Judge Maria A. Audero. [See document for details] (es)

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1 2 3 4 5 6 7 8 9 AARONSON & AARONSON Arthur Aaronson (SBN 64988) 16133 Ventura Blvd., Ste 675 Encino, CA 91436 MCCGEARY CUKOR LLC Michael Cukor (pro hac vice) Vincent McGeary (pro hac vice) 54 West 40th Street New York, NY 10018 Attorneys for Plaintiff and Counterclaim Defendant James R. Moder Crystal Chandelier Inc. POLSINELLI LLP Adam P. Daniels (SBN 296466) adaniels@polsinelli.com Michael D. Pegues (pro hac vice) mpegues@polsinelli.com 2049 Century Park East, Suite 2900 Los Angeles, CA 90067 Telephone: 310.556.6754 Facsimile: 310.556.1802 Attorneys for Defendant and Counterclaim Plaintiff Maxim Lighting International, Inc. 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE CENTRAL DISTRICT OF CALIFORNIA 12 WESTERN DIVISION 13 14 JAMES R. MODER CRYSTAL CHANDELIER, INC. a Texas corporation, 15 Plaintiff and Counterclaim Defendant, 16 17 18 19 20 21 v. MAXIM LIGHTING INTERNATIONAL, INC. a California corporation, Defendant and Counterclaim Plaintiff. Case No. 2:20-CV-03762-SVW-MAA JOINT STIPULATED PROTECTIVE ORDER Judge: Hon. Stephen V. Wilson Date Filed: April 24, 2020 Jury Trial: January 19, 2021 at 9:00 AM 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 1. 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 following 6 Stipulated Protective Order. The parties acknowledge that this Stipulated Protective 7 Order does not confer blanket protections on all disclosures or responses to discovery 8 and that the protection it affords from public disclosure and use extends only to the 9 limited information or items that are entitled to confidential treatment under the 10 applicable legal principles. The parties further acknowledge, as set forth in Section 13.3 11 below, that this Stipulated Protective Order does not entitle them to file confidential 12 information under seal; Local Rule 79-5 sets forth the procedures that must be followed 13 and the standards that will be applied when a party seeks permission from the Court to 14 file material under seal. 15 2. 16 17 18 19 20 21 22 23 24 25 26 27 28 GOOD CAUSE STATEMENT This action is likely to involve trade secrets, customer and pricing lists and other valuable research, development, commercial, financial, technical and/or proprietary information for which special protection from public disclosure and from use for any purpose other than prosecution of this action is warranted, especially because the parties are engaged in the same or similar business. Such confidential and proprietary materials and information consist of, among other things, confidential business or financial information, information regarding confidential and proprietary trade secrets, possibly including information regarding the creation, purchase, and sale of designs used for lighting fixtures, matters protected under intellectual property rights, confidential business practices, or other confidential research, development, or commercial information (including information implicating privacy rights of third parties), information otherwise generally unavailable to the public, or which may be 1 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 privileged or otherwise protected from disclosure under state or federal statutes, court 2 rules, case decisions, or common law. Accordingly, to expedite the flow of information, 3 to facilitate the prompt resolution of disputes over confidentiality of discovery 4 materials, to adequately protect information the parties are entitled to keep confidential, 5 to ensure that the parties are permitted reasonable necessary uses of such material in 6 preparation for and in the conduct of trial, to address their handling at the end of the 7 litigation, and serve the ends of justice, a protective order for such information is 8 justified in this matter. It is the intent of the parties that information will not be 9 designated as confidential for tactical reasons and that nothing be so designated without 10 a good faith belief that it has been maintained in a confidential, non-public manner, and 11 there is good cause why it should not be part of the public record of this case. 12 3. 13 14 15 DEFINITIONS 3.1 Action: This pending federal lawsuit entitled above. 3.2 Challenging Party: A Party or Non-Party that challenges the designation of information or items under this Stipulated Protective Order. 16 17 3.3 “CONFIDENTIAL” Information or Items: Information (regardless of 18 how it is generated, stored or maintained) or tangible things that qualify 19 for protection under Federal Rule of Civil Procedure 26(c), and as 20 specified above in the Good Cause Statement. 21 3.4 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” Information or 22 Items: “CONFIDENTIAL” information that is highly confidential or 23 proprietary in nature that qualifies for protection under Federal Rule of 24 Civil Procedure 26(c), as specified above in the Good Cause Statement. 25 26 27 28 3.5 Counsel: Outside Counsel of Record (as well as their support staff). 3.6 Designating Party: A Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as 2 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES 2 ONLY.” 3 3.7 Disclosure or Discovery Material: All items or information, regardless of 4 the medium or manner in which it is generated, stored, or maintained 5 (including, among other things, testimony, transcripts, and tangible 6 things), that is produced or generated in disclosures or responses to 7 discovery in this matter. 8 9 3.8 pertinent to the litigation who has been retained by a Party or its counsel 10 to serve as an expert witness or as a consultant in this Action. 11 12 Expert: A person with specialized knowledge or experience in a matter 3.9 House Counsel: Attorneys who are employees of a party to this Action. 13 House Counsel does not include Outside Counsel of Record or any other 14 outside counsel. 15 16 3.10 Non-Party: Any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 17 3.11 Outside Counsel of Record: Attorneys who are not employees of a party 18 to this Action but are retained to represent or advise a party to this Action 19 and have appeared in this Action on behalf of that party or are affiliated 20 with a law firm which has appeared on behalf of that party, and includes 21 support staff. 22 23 24 25 26 27 3.12 Party: Any party to this Action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 3.13 Producing Party: A Party or Non-Party that produces Disclosure or Discovery Material in this Action. 28 3 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 3.14 Professional Vendors: Persons or entities that provide litigation support 2 services (e.g., photocopying, videotaping, translating, preparing exhibits 3 or demonstrations, and organizing, storing, or retrieving data in any form 4 or medium) and their employees and subcontractors. 5 3.15 Protected Material: Any Disclosure or Discovery Material that is 6 designated 7 ATTORNEYS’ EYES ONLY.” 8 11 “CONFIDENTIAL” or “CONFIDENTIAL— 3.16 Receiving Party: A Party that receives Disclosure or Discovery Material 9 10 as from a Producing Party. 4. SCOPE 12 The protections conferred by this Stipulated Protective Order cover not only 13 Protected Material (as defined above), but also (1) any information copied or extracted 14 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 15 Protected Material; and (3) any testimony, conversations, or presentations by Parties 16 or their Counsel that might reveal Protected Material. 17 Any use of Protected Material at trial shall be governed by the orders of the trial 18 judge. This Stipulated Protective Order does not govern the use of Protected Material 19 at trial. 20 5. DURATION 21 Even after final disposition of this litigation, the confidentiality obligations 22 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 23 in writing or a court order otherwise directs. Final disposition shall be deemed to be 24 the later of (1) dismissal of all claims and defenses in this Action, with or without 25 prejudice; and (2) final judgment herein after the completion and exhaustion of all 26 appeals, rehearings, remands, trials, or reviews of this Action, including the time limits 27 for filing any motions or applications for extension of time pursuant to applicable law. 28 4 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 2 6. DESIGNATING PROTECTED MATERIAL 6.1 3 4 5 6 7 8 9 10 11 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items for protection under this Stipulated Protective Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. The Designating Party must designate for protection only those parts of material, documents, items, or oral or written communications that qualify so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Stipulated Protective Order. 12 Mass, indiscriminate, or routinized designations are prohibited. 13 Designations that are shown to be clearly unjustified or that have been made for 14 an improper purpose (e.g., to unnecessarily encumber the case development 15 process or to impose unnecessary expenses and burdens on other parties) may 16 expose the Designating Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that 18 it designated for protection do not qualify for protection, that Designating Party 19 must promptly notify all other Parties that it is withdrawing the inapplicable 20 designation. 21 6.2 22 23 24 25 26 Manner and Timing of Designations. Except as otherwise provided in this Stipulated Protective Order (see, e.g., section 6.2(a)), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Stipulated Protective Order must be clearly so designated before the material is disclosed or produced. 27 28 5 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 2 3 4 5 6 7 8 9 10 11 12 Designation in conformity with this Stipulated Protective Order requires the following: (a) For information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS EYES ONLY” to each page that contains protected material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 13 (b) For original documents made available for inspection, the Designating Party 14 need not designate them for protection until after the inspecting Party has 15 indicated which documents it would like copied and produced. During the 16 inspection and before the designation, all of the material made available for 17 inspection shall be deemed “CONFIDENTIAL—ATTORNEYS’ EYES 18 ONLY” and must be treated as such pursuant to terms of this Order. After 19 the inspecting Party has identified the documents it wants copied and 20 produced, the Producing Party must determine which documents, or portions 21 thereof, qualify for protection under this Order. Then, before producing the 22 specified documents, the Producing Party must affix the legend 23 “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS EYES ONLY” 24 to each page that contains Protected Material. If only a portion or portions 25 of the material on a page qualifies for protection, the Producing Party also 26 must clearly identify the protected portion(s) (e.g., by making appropriate 27 markings in the margins). 28 6 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 (c) For testimony given in depositions, that the Designating Party identify the 2 Protected Material on the record before the close of the deposition, whenever 3 possible. 4 containing Protected Material after transcription of the proceedings by 5 notifying the other Parties to the action of the portions of the transcript to be 6 designated “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS 7 EYES ONLY.” A party will have until fourteen (14) days after receipt of the 8 deposition transcript to designate any such portions as Protected Material. 9 Until that fourteen (14) day period, the entire transcript shall be treated as However, a Party may designate portions of depositions as “CONFIDENTIAL—ATTORNEYS EYES ONLY.” 10 11 (d) For information produced in some form other than documentary and for any 12 other tangible items, that the Producing Party affix in a prominent place on 13 the exterior of the container or containers in which the information is stored 14 the legend “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS 15 EYES ONLY.” If only a portion or portions of the information warrants 16 protection, the Producing Party, to the extent practicable, shall identify the 17 protected portion(s). 18 19 6.3 Inadvertent Failure to Designate. 20 If timely corrected, an inadvertent failure to designate qualified 21 information or items does not, standing alone, waive the Designating Party’s 22 right to secure protection under this Stipulated Protective Order for such 23 material. Upon timely correction of a designation, the Receiving Party must treat 24 the material as Protected Material in accordance with the provisions of this 25 Stipulated Protective Order. If the Receiving Party has disclosed the materials 26 before receiving the designation, the Receiving Party must notify the 27 Designating Party in writing of each such disclosure. 28 7 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 7. 2 CHALLENGING CONFIDENTIALITY DESIGNATIONS 7.1 Timing of Challenges. 3 Any Party or Non-Party may challenge a designation of confidentiality at 4 any time that is consistent with the Court’s Scheduling Order. 5 7.2 Meet and Confer. 6 7 The Challenging Party shall initiate the dispute resolution process under 8 Local Rule 37.1 et seq., and with Section 4 of Judge Audero’s Procedures 9 (“Mandatory Telephonic Conference for Discovery Disputes”).1 10 7.3 Burden of Persuasion. 11 The burden of persuasion in any such challenge proceeding shall be on the 12 Designating Party. Frivolous challenges, and those made for an improper 13 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 14 parties) may expose the Challenging Party to sanctions. Unless the Designating 15 Party has waived or withdrawn the confidentiality designation, all parties shall 16 continue to afford the material in question the level of protection to which it is 17 entitled under the Producing Party’s designation until the Court rules on the 18 19 20 21 challenge. 8. ACCESS TO AND USE OF PROTECTED MATERIALS 8.1 Basic Principles. 22 A Receiving Party may use Protected Material that is disclosed or 23 produced by another Party or by a Non-Party in connection with this Action only 24 for prosecuting, defending, or attempting to settle this Action. Such Protected 25 Material may be disclosed only to the categories of persons and under the 26 27 28 1 Judge Audero’s Procedures are available at https://www.cacd.uscourts.gov/honorable-maria-audero. 8 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 conditions described in this Stipulated Protective Order. When the Action 2 reaches a final disposition, a Receiving Party must comply with the provisions 3 of section 14 below. 4 Protected Material must be stored and maintained by a Receiving Party at 5 a location and in a secure manner that ensures that access is limited to the persons 6 authorized under this Stipulated Protective Order. 7 8 8.2 Disclosure of “CONFIDENTIAL” Information or Items. 9 Unless otherwise ordered by the Court or permitted in writing by the 10 Designating Party, a Receiving Party may disclose any information or item 11 designated “CONFIDENTIAL” only to: 12 (a) The Receiving Party’s Outside Counsel of Record in this Action, as well as 13 employees of said Outside Counsel of Record to whom it is reasonably 14 necessary to disclose the information for this Action; 15 (b) The officers, directors, and employees (including House Counsel) of the 16 Receiving Party to whom disclosure is reasonably necessary for this Action; 17 18 19 20 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (d) The court and its personnel; 22 (e) Court reporters and their staff; 23 (f) Professional jury or trial consultants, mock jurors, and Professional Vendors 24 to whom disclosure is reasonably necessary for this Action and who have 25 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 27 28 (g) The author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 9 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 (h) During their depositions, witnesses, and attorneys for witnesses, in the Action 2 to whom disclosure is reasonably necessary provided: (i) the deposing party 3 requests that the witness sign the “Acknowledgment and Agreement to Be 4 Bound” (Exhibit A); and (ii) the witness will not be permitted to keep any 5 confidential information unless they sign the “Acknowledgment and 6 Agreement to Be Bound,” unless otherwise agreed by the Designating Party 7 or ordered by the Court. Pages of transcribed deposition testimony or 8 exhibits to depositions that reveal Protected Material may be separately 9 bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and 10 11 (i) Any mediator or settlement officer, and their supporting personnel, mutually 12 13 14 15 agreed upon by any of the parties engaged in settlement discussions. 8.3 Disclosure of “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” Information or Items. 16 Unless otherwise ordered by the court or permitted in writing by the 17 Designating Party, a Receiving Party may disclose any information or item 18 designated “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” only to: 19 (a) The Receiving Party’s Outside Counsel of Record in this action, as well as 20 employees of said Outside Counsel of Record to whom it is reasonably 21 necessary to disclose the information for this Action; 22 (b) Experts (as defined in this Order) of the Receiving Party to whom disclosure 23 is reasonably necessary for this litigation and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 26 27 28 (c) The author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 10 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 (d) Any mediator or settlement officer, and their supporting personnel, 2 mutually agreed upon by any of the parties engaged in settlement 3 discussions. 4 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED 5 PRODUCED IN OTHER LITIGATION 6 If a Party is served with a subpoena or a court order issued in other litigation that 7 compels disclosure of any information or items designated in this Action as 8 “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY,” that 9 Party must: 10 11 12 (a) Promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 13 (b) Promptly notify in writing the party who caused the subpoena or order to 14 issue in the other litigation that some or all of the material covered by the 15 subpoena or order is subject to this Protective Order. Such notification shall 16 include a copy of this Stipulated Protective Order; and 17 18 (c) Cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 19 If the Designating Party timely seeks a protective order, the Party served with 20 the subpoena or court order shall not produce any information designated in this action 21 as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS EYES ONLY” before 22 a determination by the Court from which the subpoena or order issued, unless the Party 23 has obtained the Designating Party’s permission. The Designating Party shall bear the 24 burden and expense of seeking protection in that court of its confidential material and 25 nothing in these provisions should be construed as authorizing or encouraging a 26 Receiving Party in this Action to disobey a lawful directive from another court. 27 28 11 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 10.1. Application. 4 5 6 7 8 9 10 11 The terms of this Stipulated Protective Order are applicable to information produced by a Non-Party in this Action and designated as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. 10.2. Notification. 12 In the event that a Party is required, by a valid discovery request, to 13 produce a Non-Party’s confidential information in its possession, and the Party 14 is subject to an agreement with the Non-Party not to produce the Non-Party’s 15 confidential information, then the Party shall: 16 (a) Promptly notify in writing the Requesting Party and the Non-Party 17 that some or all of the information requested is subject to a 18 confidentiality agreement with a Non-Party; 19 20 21 22 23 24 25 (b) Promptly provide the Non-Party with a copy of the Stipulated Protective Order in this Action, the relevant discovery request(s), and a reasonably specific description of the information requested; and (c) Make the information requested available for inspection by the NonParty, if requested. 10.3. Conditions of Production. 26 If the Non-Party fails to seek a protective order from this court within 27 fourteen (14) days of receiving the notice and accompanying information, the 28 12 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 Receiving Party may produce the Non-Party’s confidential information 2 responsive to the discovery request. If the Non-Party timely seeks a protective 3 order, the Receiving Party shall not produce any information in its possession or 4 control that is subject to the confidentiality agreement with the Non-Party before 5 a determination by the court. Absent a court order to the contrary, the Non-Party 6 shall bear the burden and expense of seeking protection in this Court of its 7 Protected Material. 8 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 10 Protected Material to any person or in any circumstance not authorized under this 11 Stipulated Protective Order, the Receiving Party immediately must (1) notify in writing 12 the Designating Party of the unauthorized disclosures, (2) use its best efforts to retrieve 13 all unauthorized copies of the Protected Material, (3) inform the person or persons to 14 whom unauthorized disclosures were made of all the terms of this Order, and (4) 15 request such person or persons to execute the “Acknowledgment and Agreement to be 16 Bound” (Exhibit A). 17 12. 18 19 20 21 22 23 24 25 26 27 28 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain inadvertently produced material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure may be established in an e-discovery order that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or information covered by the attorney-client privilege or work product protection, the parties may incorporate their agreement in the Stipulated Protective Order submitted 13 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 to the Court. 2 13. 3 MISCELLANEOUS 13.1 Right to Further Relief. 4 Nothing in this Stipulated Protective Order abridges the right of any 5 person to seek its modification by the Court in the future. 6 13.2 Right to Assert Other Objections. 7 8 By stipulating to the entry of this Protective Order no Party waives any 9 right it otherwise would have to object to disclosing or producing any 10 information or item on any ground not addressed in this Stipulated Protective 11 Order. Similarly, no Party waives any right to object on any ground to use in 12 evidence of any of the material covered by this Stipulated Protective Order. 13 13.3 Filing Protected Material. 14 A Party that seeks to file under seal any Protected Material must comply 15 with Local Rule 79-5. Protected Material may only be filed under seal pursuant 16 to a court order authorizing the sealing of the specific Protected Material at issue. 17 If a Party's request to file Protected Material under seal is denied by the Court, 18 then the Receiving Party may file the information in the public record unless 19 20 21 otherwise instructed by the Court. 14. FINAL DISPOSITION 22 After the final disposition of this Action, as defined in section 5, within sixty 23 (60) days of a written request by the Designating Party, each Receiving Party must 24 return all Protected Material to the Producing Party or destroy such material. As used 25 in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 26 summaries, and any other format reproducing or capturing any of the Protected 27 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 28 must submit a written certification to the Producing Party (and, if not the same person 14 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by 2 category, where appropriate) all the Protected Material that was returned or destroyed 3 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 4 compilations, summaries or any other format reproducing or capturing any of the 5 Protected Material. Notwithstanding this provision, Counsel is entitled to retain an 6 archival copy of all pleadings; motion papers; trial, deposition, and hearing transcripts; 7 legal memoranda; correspondence; deposition and trial exhibits; expert reports; 8 attorney work product; and consultant and expert work product, even if such materials 9 contain Protected Material. Any such archival copies that contain or constitute 10 Protected Material remain subject to this Stipulated Protective Order as set forth in 11 Section 5. 12 15. VIOLATION OF THIS ORDER 13 Any violation of this Stipulated Protective Order may be punished by any and 14 all appropriate measures including, without limitation, contempt proceedings and/or 15 monetary sanctions. 16 17 18 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 19 20 21 22 23 24 25 26 27 28 15 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. 1 Dated: October 13, 2020 Respectfully submitted, 2 MCCGEARY CUKOR LLC 3 By: /s/ Michael Cukor Michael Cukor Vincent McGeary 4 5 Attorneys for Plaintiff/CounterDefendant, JAMES R. MODER CRYSTAL CHANDELIER INC. 6 7 8 9 10 Dated: October 13, 2020 Respectfully submitted, 11 POLSINELLI LLP 12 By: /s/ Adam P. Daniels Adam P. Daniels Michael D. Pegues 13 14 15 Attorneys for Defendant/CounterPlaintiff, MAXIM LIGHTING INTERNATIONAL, INC. 16 17 18 19 20 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 21 22 Dated:10/14/20 Maria A. Audero United States Magistrate Judge 23 24 25 26 27 28 16 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. Attestation 1 2 3 4 5 Pursuant to Local Rule 5-4.3.4(a), I hereby attest that all signatories listed above, on whose behalf this Stipulation and Order is being submitted, concur in the filing’s content and have authorized the filing. 6 7 Dated: October 13, 2020. Respectfully submitted, 8 9 By: /s/ Adam P. Daniels 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 STIPULATED PROTECTIVE ORDER Error! Unknown document property name. EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, [full name], of [address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Central District of California on [date] in the case of James R. Moder Crystal Chandelier, Inc. v. Maxim Lighting International, Inc. Case No. 2:20-cv-03762-SVW-MAA. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order, and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Stipulated Protective Order. I further agree to submit to the jurisdiction of the United States District Court for the Central District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint [full name] of [address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order. Signature: Printed Name: Date: City and State Where Sworn and Signed: STIPULATED PROTECTIVE ORDER Error! Unknown document property name.

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