Klauber Brothers, Inc. v. Hera Collection, Inc. et al

Filing 49

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. re Stipulation for Protective Order 48 (vm)

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1 Stephen M. Doniger (SBN 179314) stephen@donigerlawfirm.com 2 Scott A. Burroughs (SBN 235718) 3 scott@donigerlawfirm.com Trevor W. Barrett (SBN 287174) 4 tbarrett@donigerlawfirm.com 5 DONIGER / BURROUGHS 603 Rose Avenue 6 Venice, California 90291 7 Telephone: (310) 590-1820 8 Attorneys for Plaintiff 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 Case No.: 2:20-cv-08002-AB-MRWx Hon. Michael R. Wilner Presiding KLAUBER BROTHERS, INC., a New 13 York corporation, 14 Plaintiff, 15 16 vs. DISCOVERY MATTER STIPULATED PROTECTIVE ORDER 17 HERA COLLECTION, INC., a 18 California corporation.; et al., 19 Defendants. 20 21 22 23 24 25 26 27 Pursuant to Fed.R.Civ.P. 26(c), the parties to this lawsuit, through undersigned counsel, jointly submit this Stipulated Protective Order to govern the handling of information and materials produced in the course of discovery or filed with the Court in this action; GOOD CAUSE STATEMENT It is the intent of the parties and the Court that information will not be 28 designated as confidential for tactical reasons in this case and that nothing shall be 1 STIPULATED PROTECTIVE ORDER 1 designated without a good faith belief that there is good cause why it should not be 2 part of the public record of this case. Examples of confidential information that the 3 parties may seek to protect from unrestricted or unprotected disclosure include: 4 (a) 5 6 7 confidentiality agreement or obligation; (b) The names, or other information tending to reveal the identity of a party’s supplier, designer, distributor, or customer; 8 9 Information that is the subject of a non-disclosure or (c) Agreements with third-parties, including license agreements, 10 distributor agreements, manufacturing agreements, design 11 agreements, development agreements, supply agreements, sales 12 agreements, or service agreements; 13 14 15 (d) Research and development information; (e) Proprietary engineering or technical information, including 16 product 17 information, drawings, memoranda and reports; 18 19 (f) Information related to budgets, sales, profits, costs, margins, income or other non-public tax information; 23 (g) 25 28 processing information related to financial condition or performance and 22 27 techniques, internal financial/accounting information, including non-public 21 26 manufacturing licensing of technology or designs, product pricing, or other 20 24 design, Information related to internal operations including personnel information; (h) Information related to past, current and future product development; 2 STIPULATED PROTECTIVE ORDER 1 (i) Information related to past, current and future market analyses 2 and business and marketing development, including plans, 3 strategies, forecasts and competition; and 4 (j) 5 information is located). 6 7 Trade secrets (as defined by the jurisdiction in which the Unrestricted or unprotected disclosure of such confidential technical, 8 commercial or personal information would result in prejudice or harm to the 9 producing party by revealing the producing party’s competitive confidential 10 information, which has been developed at the expense of the producing party and 11 which represents valuable tangible and intangible assets of that party. 12 Additionally, privacy interests must be safeguarded. Accordingly, the parties 13 respectfully submit that there is good cause for the entry of this Protective Order. 14 The parties agree, subject to the Court’s approval, that the following terms 15 and conditions shall apply to this civil action. 16 1. Designated Material. 17 1.1 Information or material may be designated for confidential treatment 18 pursuant to this Protective Order by any party, person or entity producing or 19 lodging it in this action (the “Designating Party”), if: (a) produced or served, 20 formally or informally, pursuant to the Federal Rules of Civil Procedure or in 21 response to any other formal or informal discovery request in this action; and/or 22 (b) filed or lodged with the Court. All such information and material and all 23 information or material derived from it constitutes “Designated Material” under 24 this Protective Order. 25 26 27 28 1.2 Unless and until otherwise ordered by the Court or agreed to in writing by the parties, all Designated Materials designated under this Protective Order shall be used by the parties and persons receiving such Designated 3 STIPULATED PROTECTIVE ORDER 1 Materials solely for conducting the above-captioned litigation and any appellate 2 proceeding relating thereto. Designated Material shall not be used by any party 3 or person receiving them for any business or any other purpose. No party or 4 person shall disclose Designated Material to any other party or person not entitled 5 to receive such Designated Material under the specific terms of this Protective 6 Order. For purposes of this Protective Order, “disclose” or “disclosed” means to 7 show, furnish, reveal or provide, indirectly or directly, any portion of the 8 Designated Material or its contents, orally or in writing, including the original or 9 any copy of the Designated Material. 10 2. Access to Designated Materials. 11 2.1 Materials Designated “CONFIDENTIAL”: Subject to the limitations 12 set forth in this Protective Order, Designated Material may be marked 13 “CONFIDENTIAL” for the purpose of preventing the disclosure of information 14 or materials that the designating party in good faith believes is confidential. 15 Before designating any specific information or material “CONFIDENTIAL,” the 16 Designating Party’s counsel shall make a good faith determination that the 17 information warrants protection under Rule 26(c) of the Federal Rules of Civil 18 Procedure. Such information may include, but is not limited to: 19 (a) The financial performance or results of the Designating Party, 20 including without limitation income statements, balance sheets, cash flow 21 analyses, budget projections, and present value calculations; 22 (b) Corporate and strategic planning by the Designating Party, including 23 without limitation marketing plans, competitive intelligence reports, sales 24 projections and competitive strategy documents; 25 (c) Names, addresses, and other information that would identify 26 customers or prospective customers, or the distributors or prospective distributors 27 of the Designating Party; 28 (d) Technical data, research and development data, and any other 4 STIPULATED PROTECTIVE ORDER 1 confidential commercial information, including but not limited to trade secrets of 2 the Designating Party; 3 (e) Information used by the Designating Party in or pertaining to its 4 trade or business, which information the Designating Party believes in good faith 5 has competitive value, which is not generally known to others and which the 6 Designating Party would not normally reveal to third parties except in 7 confidence, or has undertaken with others to maintain in confidence; 8 (f) Information which the Designating Party believes in good faith falls 9 within the right to privacy guaranteed by the laws of the United States or 10 California; and 11 (g) Information which the Designating Party believes in good faith to 12 constitute, contain, reveal or reflect proprietary, financial, business, technical, or 13 other confidential information. 14 (h) The fact that an item or category is listed as an example in this or 15 other sections of this Protective Order does not, by itself, render the item or 16 category discoverable. 17 2.1.0 Materials designated “CONFIDENTIAL” may be disclosed only to 18 the following Designees: 19 2.1.1 Persons who appear on the face of Designated Materials marked 20 “CONFIDENTIAL” as an author, addressee, or recipient thereof; 21 2.1.2 Counsel retained as outside litigation attorneys of record in this 22 action, and their respective associates, clerks, legal assistants, stenographic, 23 videographic and support personnel, and other employees of such outside 24 litigation attorneys, and organizations retained by such attorneys to provide 25 litigation support services in this action and the employees of said organizations. 26 “Counsel” explicitly excludes any in-house counsel whether or not they are 27 attorneys of record in this action. 28 2.1.3 Consultants, including non-party experts and consultants retained or 5 STIPULATED PROTECTIVE ORDER 1 employed by Counsel to assist in the preparation of the case, to the extent they 2 are reasonably necessary to render professional services in this action, and subject 3 to the disclosure requirements of section 2.3. Each consultant must sign a 4 certification that he or she has read this Stipulated Protective Order, will abide by 5 its provisions, and will submit to the jurisdiction of this Court regarding the 6 enforcement of this Order’s provisions. 7 2.1.4 A party’s officers and/or employees, which may include in-house 8 counsel. 9 2.1.5 The Court, its clerks and secretaries, and any court reporter retained 10 to record proceedings before the Court; 11 2.2 Materials Designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ 12 EYES ONLY”: Subject to the limitations in this Protective Order, Designated 13 Materials may be marked “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 14 ONLY” for the purpose of preventing the disclosure of information or materials 15 which, if disclosed to the receiving party, might cause competitive harm to the 16 Designating Party. Information and material that may be subject to this 17 protection includes, but is not limited to, technical and/or research and 18 development data, intellectual property, financial, marketing and other sales data, 19 and/or information having strategic commercial value pertaining to the 20 Designating Party’s trade or business. Nothing in paragraph 2.1 shall limit the 21 information or material that can be designated “HIGHLY CONFIDENTIAL – 22 ATTORNEYS’ EYES ONLY” under this paragraph. Before designating any 23 specific information “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 24 ONLY,” the Designating Party’s counsel shall make a good faith determination 25 that the information warrants such protection. 26 2.2.0 Materials designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ 27 EYES ONLY” materials may be disclosed only to the following Designees: 28 2.2.1 Persons who appear on the face of Designated Materials marked 6 STIPULATED PROTECTIVE ORDER 1 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” as an author, 2 addressee, or recipient thereof; 3 2.2.2 Counsel for the parties to this action, as defined in section 2.1.2; 4 2.2.3 Consultants for the parties to this action, as defined in section 2.1.3; 5 and 6 2.2.4 The Court, its clerks and secretaries, and any court reporter retained 7 to record proceedings before the Court. 8 2.2.5 Court reporters retained to transcribe depositions. 9 2.3 If any party wishes to disclose information or materials designated 10 under this Protective Order as “HIGHLY CONFIDENTIAL,” “CONFIDENTIAL 11 – ATTORNEYS’ EYES ONLY” to any Consultant, it must first identify that 12 individual to the Counsel for the Designating Party and submit a Certification of 13 Consultant pursuant to Section 3. CONFIDENTIAL – ATTORNEYS’ EYES 14 ONLY 15 2.4 Legal Effect of Designation. The designation of any information or 16 materials as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ 17 EYES ONLY” is intended solely to facilitate the conduct of this litigation. 18 Neither such designation nor treatment in conformity with such designation shall 19 be construed in any way as an admission or agreement by any party that the 20 Designated Materials constitute or contain any trade secret or confidential 21 information. Except as provided in this Protective Order, no party to this action 22 shall be obligated to challenge the propriety of any designation, and a failure to 23 do so shall not preclude a subsequent attack on the propriety of such designation. 24 2.5 Nothing herein in any way restricts the ability of the receiving party 25 to use “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ 26 EYES ONLY” material produced to it in examining or cross-examining any 27 employee or consultant of the Designating Party. 28 2.6 The parties agree that the Plaintiff may be provided the alleged 7 STIPULATED PROTECTIVE ORDER 1 infringers’ full identities, revenues, and gross profits numbers, notwithstanding 2 any party’s designation of documents showing such figures as 3 “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 4 ONLY”. The parties further agree that additional alleged infringers revealed in 5 documents designated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – 6 ATTORNEYS’ EYES ONLY” may be added to a lawsuit. 7 3. Certificates Concerning Designated Materials. Each Consultant as 8 defined in section 2.1.3, to whom any Designated Materials will be disclosed 9 shall, prior to disclosure of such material, execute the Acknowledgement of 10 Stipulated Protective Order in the form attached hereto as Exhibit A. Counsel 11 who makes any disclosure of Designated Materials shall retain each executed 12 Acknowledgement of Stipulated Protective Order and shall circulate copies to all 13 Counsel for the opposing party concurrently with the identification of the 14 Consultant to the attorneys for the Designating Party pursuant to Section 2.3. 15 4. Use of Designated Materials by Designating Party. Nothing in this 16 Protective Order shall limit a Designating Party’s use of its own information or 17 materials, or prevent a Designating Party from disclosing its own information or 18 materials to any person. Such disclosure shall not affect any designations made 19 pursuant to the terms of this Protective Order, so long as the disclosure is made in 20 a manner that is reasonably calculated to maintain the confidentiality of the 21 information. 22 5. Manner of Designating Written Materials. 23 5.1 Documents, discovery responses and other written materials shall be 24 designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – 25 ATTORNEYS’ EYES ONLY” whether in whole or in part, as follows. 26 5.2 The producing party shall designate materials by placing the legend 27 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 28 ONLY” on each page so designated prior to production. If the first or cover page 8 STIPULATED PROTECTIVE ORDER 1 of a multi-page document bears the legend “CONFIDENTIAL,” “HIGHLY 2 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” the entire document shall be 3 deemed so designated, and the absence of marking each page shall not constitute 4 a waiver of the terms of this Order. If the label affixed to a computer disk 5 containing multiple files bears the legend “CONFIDENTIAL,” 6 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” the entire disk shall be 7 deemed so protected, and the absence of marking of each file shall not constitute 8 a waiver of the terms of this Order. 9 5.3 A designation of ““CONFIDENTIAL,” or “HIGHLY 10 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” as to any item, thing or 11 object that cannot otherwise be categorized as a document, shall be made: (1) by 12 placing the legend “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – 13 ATTORNEYS’ EYES ONLY” on the thing, object or container within which it is 14 stored; or (2) by specifically identifying, in writing, the item and the level of 15 confidentiality designation, where such labeling is not feasible. 16 5.4 When a party wishes to designate as “CONFIDENTIAL,” or 17 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” materials 18 produced by someone other than the Designating Party (a “Producing Party”), 19 such designation shall be made: 20 5.4.1 Within fifteen (15) business days from the date that the Designating 21 Party receives copies of the materials from the producing or disclosing entity; and 22 5.4.2 By notice to all parties to this action and to the Producing Party, if 23 such party is not a party to this action, identifying the materials to be designated 24 with particularity (either by production numbers or by providing other adequate 25 identification of the specific material). Such notice shall be sent by facsimile and 26 regular mail. 27 5.4.3. A party shall be permitted to designate as “CONFIDENTIAL,” or 28 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” material produced 9 STIPULATED PROTECTIVE ORDER 1 by a Producing Party only where: 2 a. The material being produced was provided to or developed by such 3 Producing Party: (i) under a written confidentiality agreement with the Designating 4 Party; or (ii) within a relationship with the Designating Party (or a party operating 5 under the control thereof) in which confidentiality is imposed by law (including, 6 but not limited, to the employment relationship and the vendor-customer 7 relationship); and 8 b. The material being produced would be considered confidential material 9 of the Designating Party under Section 2.1 of this Agreement if it were in the 10 possession of the Designating Party. 11 5.5 Upon notice of designation, all persons receiving notice of the 12 requested designation of materials shall: 13 5.5.1 Make no further disclosure of such Designated Material or 14 information contained therein, except as allowed in this Protective Order; 15 5.5.2 Take reasonable steps to notify any persons known to have 16 possession of or access to such Designated Materials of the effect of such 17 designation under this Protective Order; and 18 5.5.3 If “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – 19 ATTORNEYS’ EYES ONLY” material or information contained therein is 20 disclosed to any person other than those entitled to disclosure in the manner 21 authorized by this Protective Order, the party responsible for the disclosure shall, 22 immediately upon learning of such disclosure, inform the Designating Party in 23 writing of all pertinent facts relating to such disclosure, and shall make every 24 effort to prevent further disclosure by the unauthorized person(s). 25 6. Manner of Designating Deposition Testimony. 26 6.1 Deposition transcripts and portions thereof taken in this action may 27 be designated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – 28 ATTORNEYS’ EYES ONLY” during the deposition or after, in which case the 10 STIPULATED PROTECTIVE ORDER 1 portion of the transcript containing Designated Material shall be identified in the 2 transcript by the Court Reporter as “CONFIDENTIAL,” or “HIGHLY 3 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” The designated testimony 4 shall be bound in a separate volume and marked by the reporter accordingly. 5 6.2 Where testimony is designated during the deposition, the 6 Designating Party shall have the right to exclude, at those portions of the 7 deposition, all persons not authorized by the terms of this Protective Order to 8 receive such Designated Material. 9 6.3 Within thirty (30) days after a deposition transcript is certified by the 10 court reporter, any party may designate pages of the transcript and/or its exhibits 11 as Designated Material. During such thirty (30) day period, the transcript in its 12 entirety shall be treated as “CONFIDENTIAL” (except for those portions 13 identified earlier as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 14 ONLY” which shall be treated accordingly from the date of designation). If any 15 party so designates such material, the parties shall provide written notice of such 16 designation to all parties within the thirty (30) day period. Designated Material 17 within the deposition transcript or the exhibits thereto may be identified in 18 writing by page and line, or by underlining and marking such portions 19 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 20 ONLY” and providing such marked-up portions to all counsel. 21 7. Copies. All complete or partial copies of a document that disclose 22 Designated Materials shall be subject to the terms of this Protective Order. 23 8. Court Procedures. 24 8.1 Disclosure of Designated Material to Court Officials. Subject to the 25 provisions of this section, Designated Material may be disclosed to the Court, 26 Court officials or employees involved in this action (including court reporters, 27 persons operating video recording equipment at depositions, and any special 28 master, referee, expert, technical advisor or Third-Party Consultant appointed by 11 STIPULATED PROTECTIVE ORDER 1 the Court), and to the jury in this action, and any interpreters interpreting on 2 behalf of any party or deponent. 3 8.2 Filing Designated Materials with the Court. Nothing in this Order 4 shall vary the requirements for filing under Seal imposed by the Federal Rules of 5 Civil Procedure or the Local Rules of this Court. If a party wishes to file with the 6 Court any document, transcript or thing containing information which has been 7 designated “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – 8 ATTORNEYS’ EYES ONLY” the Party shall designate the material as set forth 9 herein and file it with the Court in an application for filing under seal under the 10 Local Rules of this Court, with the material bearing the legend: 11 12 “[CONFIDENTIAL, or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY] INFORMATION SUBJECT TO PROTECTIVE ORDER.” 13 The Application for Filing under Seal must show good cause for the under seal 14 filing. Filing the document under seal shall not bar any party from unrestricted use 15 or dissemination of those portions of the document that do not contain material 16 designated “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – 17 ATTORNEYS’ EYES ONLY.” If a filing party fails to designate information as 18 “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 19 ONLY,” any party who in good faith believes that designation and filing under seal 20 is required by this Protective Order may move the Court to file said information 21 under seal within five (5) days of learning of the defective filing. Notice of such 22 designation shall be given to all parties. Nothing in this provision relieves a party 23 of liability for damages caused by failure to properly file Designated Material 24 under seal. 25 8.3 Retrieval of Designated Materials. The party responsible for lodging 26 or filing the Designated Materials shall be responsible for retrieving such 27 Designated Materials from the Court following the final termination of the action 28 (including after any appeals). 12 STIPULATED PROTECTIVE ORDER 1 9. Objections 2 9.1 A party may challenge any designation under this Protective Order at 3 any time, on the grounds that the information or material does not meet the 4 standards of Sections 1 and 2, by following the procedure of Local Rule 37 of this 5 Court. 6 9.2 The parties shall meet and confer in good faith prior to the filing of 7 any motion under this section. 8 10. Client Communication. Nothing in this Protective Order shall 9 prevent or otherwise restrict counsel from rendering advice to their clients and, in 10 the course of rendering such advice, relying upon the examination of Designated 11 Material. In rendering such advice and otherwise communicating with the client, 12 however, counsel shall not disclose any Designated Material, except as otherwise 13 permitted by this Protective Order. 14 11. 15 11.1 This Protective Order shall not diminish any existing obligation or No Prejudice. 16 right with respect to Designated Material, nor shall it prevent a disclosure to 17 which the Designating Party consented in writing before the disclosure takes 18 place. 19 11.2 Unless the parties stipulate otherwise, evidence of the existence or 20 nonexistence of a designation under this Protective Order shall not be admissible 21 for any purpose during any proceeding on the merits of this action. 22 11.3 If any party required to produce documents contends that it 23 inadvertently produced any Designated Material without marking it with the 24 appropriate legend, or inadvertently produced any Designated Material with an 25 incorrect legend, the producing party may give written notice to the receiving 26 party or parties, including appropriately stamped substitute copies of the 27 Designated Material. If the parties collectively agree to replacement of the 28 Designated Material, then the documents will be so designated. Within five (5) 13 STIPULATED PROTECTIVE ORDER 1 business days of receipt of the substitute copies, the receiving party shall return 2 the previously unmarked or mismarked items and all copies thereof. If the parties 3 do not collectively agree to replacement of the Designated Material, the 4 producing party shall comply with the procedure of Local Rule 37 in seeking 5 protection for the inadvertently produced material. 6 11.4 Neither the provisions of this Protective Order, nor the filing of any 7 material under seal, shall prevent the use in open court, in deposition, at any 8 hearing, or at trial of this case of any material that is subject to this Protective 9 Order or filed under seal pursuant to its provisions. At deposition, the party using 10 Designated Material must request that the portion of the proceeding where use is 11 made be conducted so as to exclude persons not qualified to receive such 12 Designated Material. At trial, the party using Designated Material must request 13 that the portion of the proceeding where use is made be conducted so as to 14 exclude persons not qualified to receive such Designated Material. All 15 confidentiality designations or legends placed pursuant to this Stipulated 16 Protective Order shall be removed from any document or thing used as a trial 17 exhibit in this case. The removal of such confidentiality designations or legends 18 under the preceding sentence shall not affect the treatment of such documents and 19 things as Designated Material under this Stipulated Protective Order. Upon 20 request of a party, the parties shall meet and confer concerning the use and 21 protection of Designated Material in open court at any hearing. Prior to the 22 pretrial conference, the parties shall meet and confer concerning appropriate 23 methods for dealing with Designated Material at trial. 24 11.5 Any inadvertent production of documents containing privileged 25 information shall not be deemed to be a waiver of the attorney-client privilege, 26 work product doctrine, or any other applicable privilege or doctrines. All parties 27 specifically reserve the right to demand the return of any privileged documents 28 that it may produce inadvertently during discovery if the producing party 14 STIPULATED PROTECTIVE ORDER 1 determines that such documents contain privileged information. After receiving 2 notice of such inadvertent production by the producing party, the receiving party 3 agrees to make reasonable and good faith efforts to locate and return to the 4 producing party all such inadvertently produced documents. 5 6 12. Modification and Survival. 7 12.1 Modification. The parties reserve the right to seek modification of 8 this Protective Order at any time for good cause. The parties agree to meet and 9 confer prior to seeking to modify this Protective Order for any reason. The 10 restrictions imposed by this Protective Order may only be modified or terminated 11 by written stipulation of all parties or by order of this Court. Parties entering into 12 this Protective Order will not be deemed to have waived any of their rights to 13 seek later amendment to this Protective Order. 14 12.2 Trial. The parties understand that this Protective Order does not 15 extend to trial of this Action. Once the case proceeds to trial, all of the 16 information that was designated as confidential and/or kept and maintained 17 pursuant to the terms of this Protective Order becomes public and will be 18 presumptively available to all members of the public, including the press, unless 19 good cause is shown to the district judge in advance of the trial to proceed 20 otherwise. 21 12.3 Survival and Return of Designated Material. This Protective Order 22 shall survive termination of this action prior to trial of this action. Upon final 23 termination of the action prior to trial of this action, and at the written request 24 of the Designating Party, all Designated Material, including deposition 25 testimony, and all copies thereof, shall be returned to counsel for the 26 Designating Party (at the expense of the Designating Party) or (at the option 27 and expense of the requesting party) shall be destroyed. Upon request for the 28 return or destruction of Designated Materials, counsel shall certify their 15 STIPULATED PROTECTIVE ORDER 1 compliance with this provision and shall serve such certification to counsel 2 for the Designating Party not more than ninety (90) days after the written 3 request to return or destroy Designated Materials. Counsel who have 4 submitted one or more Certificate(s) prepared pursuant to Section 3 do not 5 need to retain such Certificate(s) past the ninety (90) day period. 6 13. No Contract. This Protective Order shall not be construed to 7 create a contract between the parties or between the parties and their 8 respective counsel. 9 14. Court’s Retention of Jurisdiction. The Court retains jurisdiction 10 after final termination of the action prior to trial, to enforce this Stipulation. 11 15. Exception for Public Information. Nothing in this Stipulation shall be 12 deemed in any way to restrict the use of documents or information which are 13 lawfully obtained or publicly available to a party independently of discovery in this 14 action, whether or not the same material has been obtained during the course of 15 discovery in the action and whether or not such documents or information have 16 been designated hereunder. However, in the event of a dispute regarding such 17 independent acquisition, a party wishing to use any independently acquired 18 documents or information shall bear the burden of proving independent 19 acquisition. 20 16. Any material designated “CONFIDENTIAL” or “HIGHLY 21 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by a party will be deemed by 22 the Designating Party to this agreement to be authentic and a business record of the 23 Designating Party, and the Designating Party will be precluded from challenging 24 the authenticity of any document so designated at any time during this litigation, 25 including during any necessary collection or appeal proceedings. To the extent that 26 such material is not a business record of the Designating Party and was not created 27 by the Designating Party, the non-producing party for which the material is a 28 business record shall have opportunity to challenge the authenticity of the material 16 STIPULATED PROTECTIVE ORDER 1 so designated. 2 SO STIPULATED. 3 4 Dated: July 9, 2021 By: /s/ Trevor W. Barrett Scott Alan Burroughs, Esq. Trevor W. Barrett, Esq. DONIGER /BURROUGHS Attorneys for Plaintiff Dated: July 9, 2021 By: /s/ S. Calvin Myung S. Calvin Myung LAW OFFICES OF S. CALVIN MYUNG Attorneys for Defendants Hera Collection, Inc.; Windsor Fashions, LLC; Fashion Nova, Inc.; Hot Miami Styles Inc; Softree, Inc., individually and d/b/a “Love Culture; and Maria Morena, Inc 5 6 7 8 9 10 11 12 13 14 15 16 IT IS SO ORDERED. 17 18 Dated: July 14, 2021 19 __________________________ HON. MICHAEL R. WILNER U.S. MAGISTRATE JUDGE 20 21 22 23 . 24 25 26 27 28 17 STIPULATED PROTECTIVE ORDER 1 Exhibit A 2 UNITED STATES DISTRICT COURT 3 CENTRAL DISTRICT OF CALIFORNIA 4 5 6 7 8 KLAUBER BROTHERS, INC., a New York corporation, Case No.: 2:21-cv-00999-SB-AGR Hon, Michael R. Wilner Plaintiff, DISCOVERY MATTER STIPULATED PROTECTIVE ORDER 9 vs. 10 HERA COLLECTION, INC., a 11 California corporation.; et al., 12 Defendants. 13 14 15 The undersigned hereby acknowledges that he/she has read the 16 STIPULATED PROTECTIVE ORDER entered in the above captioned litigation, 17 and that he/she fully understands and agrees to abide by the obligations and 18 conditions thereof. 19 20 Dated: _____________________ ______________________________ (Signature) 21 ______________________________ (Print Name) 22 23 24 25 26 27 28 18 STIPULATED PROTECTIVE ORDER

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