L.A. T Shirt and Print, Inc. v. Rue21, Inc. et al

Filing 45

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 44 . (see document for details) (hr)

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FARHAD NOVIAN (State Bar No. 118129)
[e-mail]
SHARON RAMINFARD (State Bar No. 278548)
[e-mail]
MICHAEL O’BRIEN (State Bar No. 277244)
[e-mail]
NOVIAN & NOVIAN LLP
1801 Century Park East, Suite 1201
Los Angeles, California 90067
Telephone: [phone]
Facsimile [phone]
Attorney for Plaintiff,
L.A. T-SHIRT & PRINT, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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L.A. T-SHIRT & PRINT, INC., a
California corporation dba RIOT
SOCIETY

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Plaintiff,

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Assigned to the Hon. John A. Kronstadt
STIPULATED PROTECTIVE
ORDER

v.

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Case No.: 2:20-cv-11785-JAK-AGR

NEW RSC, LLC, a Delaware limited
liability company; NEW RUE21,
LLC, a Delaware limited liability
company; and DOES 1 through 10,
inclusive,
Defendants.

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STIPULATED PROTECTIVE ORDER
61786928.1

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I.

PURPOSES AND LIMITATIONS

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A.

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

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proprietary, or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation

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

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the Court to enter the following Stipulated Protective Order. The parties

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acknowledge that this Order does not confer blanket protections on all

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disclosures or responses to discovery and that the protection it affords from

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public disclosure and use extends only to the limited information or items

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that are entitled to confidential treatment under the applicable legal

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principles. The parties further acknowledge, as set forth in Section XIII(C),

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below, that this Stipulated Protective Order does not entitle them to file

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

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

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a party seeks permission from the Court to file material under seal.

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II.

GOOD CAUSE STATEMENT

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A.

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

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and other valuable research, development, commercial, financial, technical

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and/or proprietary information for which special protection from public

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

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is warranted. Such confidential and proprietary materials and information

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

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information regarding confidential business practices, or other confidential

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research, development, or commercial information (including information

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implicating privacy rights of third parties), information otherwise generally

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unavailable to the public, or which may be privileged or otherwise protected

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from disclosure under state or federal statutes, court rules, case decisions, or

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common law. Accordingly, to expedite the flow of information, to facilitate
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STIPULATED PROTECTIVE ORDER
61786928.1

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the prompt resolution of disputes over confidentiality of discovery materials,

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

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to ensure that the parties are permitted reasonable necessary uses of such

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

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

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

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parties that information will not be designated as confidential for tactical

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reasons and that nothing be so designated without a good faith belief that it

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

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III.

DEFINITIONS

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A.

Action: This pending federal law suit.

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B.

Challenging Party:

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A Party or Non-Party that challenges the

designation of information or items under this Order.
C.

“CONFIDENTIAL” Information or Items: Information (regardless of

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how it is generated, stored or maintained) or tangible things that qualify for

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protection under Federal Rule of Civil Procedure 26(c), and as specified above in

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the Good Cause Statement.

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D.

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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Information or Items: information or items that is/are extremely confidential and/or

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sensitive, the disclosure of which to any other Party or Non-Party would create a

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substantial risk of serious harm, including competitive injury, that could not be

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avoided by less restrictive means. The Parties agree there is a need in this case for

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a highly confidential designation because discovery in this case is expected to

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involve disclosure of sensitive pricing information, such as profit margins, and

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sourcing information.

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E.

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

their support staff).
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STIPULATED PROTECTIVE ORDER
61786928.1

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F.

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

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY”.

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G.

Disclosure or Discovery Material: All items or information, regardless

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

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

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

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H.

Expert:

A person with specialized knowledge or experience in a

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

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serve as an expert witness or as a consultant in this Action.

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I.

House Counsel:

Attorneys who are employees of a party to this

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

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outside counsel.

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J.

Non-Party: Any natural person, partnership, corporation, association,

or other legal entity not named as a Party to this action.
K.

Outside Counsel of Record: Attorneys who are not employees of a

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

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

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

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L.

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

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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support staffs).

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M.

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

Discovery Material in this Action.
N.

Professional Vendors:

Persons or entities that provide litigation

support services (e.g., photocopying, videotaping, translating, preparing exhibits or

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STIPULATED PROTECTIVE ORDER
61786928.1

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demonstrations, and organizing, storing, or retrieving data in any form or medium)

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and their employees and subcontractors.
O.

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Protected Material:

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designated

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ATTORNEYS’ EYES ONLY”.
P.

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as

Any Disclosure or Discovery Material that is

“CONFIDENTIAL”

Receiving Party:

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IV.

“HIGHLY

CONFIDENTIAL

–

A Party that receives Disclosure or Discovery

Material from a Producing Party.

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or

SCOPE
A.

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The protections conferred by this Stipulation and Order cover not only

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

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

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

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presentations by Parties or their Counsel that might reveal Protected

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Material.

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B.

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

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at trial.

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V.

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

DURATION

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A.

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obligations imposed by this Order shall remain in effect until a Designating

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Party agrees otherwise in writing or a court order otherwise directs. Final

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disposition shall be deemed to be the later of (1) dismissal of all claims and

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defenses in this Action, with or without prejudice; and (2) final judgment

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herein after the completion and exhaustion of all appeals, rehearings,

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remands, trials, or reviews of this Action, including the time limits for filing

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any motions or applications for extension of time pursuant to applicable law.

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VI.

Even after final disposition of this litigation, the confidentiality

DESIGNATING PROTECTED MATERIAL
A.

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Exercise of Restraint and Care in Designating Material for
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STIPULATED PROTECTIVE ORDER

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Protection
1.

Each Party or Non-Party that designates information or items for

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protection under this Order must take care to limit any such designation to specific

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material that qualifies under the appropriate standards. The Designating Party must

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designate for protection only those parts of material, documents, items, or oral or

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written communications that qualify so that other portions of the material,

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

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swept unjustifiably within the ambit of this Order.

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2.

Mass, indiscriminate, or routinized designations are prohibited.

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Designations that are shown to be clearly unjustified or that have been made for an

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improper purpose (e.g., to unnecessarily encumber the case development process or

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

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Designating Party to sanctions.

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3.

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

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that it designated for protection do not qualify for protection, that Designating Party

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must promptly notify all other Parties that it is withdrawing the inapplicable

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designation.

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B.

Manner and Timing of Designations

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1.

Except as otherwise provided in this Order (see, e.g., Section B(2)(b)

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below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that

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qualifies for protection under this Order must be clearly so designated before the

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material is disclosed or produced.

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2.

Designation in conformity with this Order requires the following:

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a.

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

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

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proceedings), that the Producing Party affix at a minimum, the legend

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” (hereinafter “CONFIDENTIAL legend”) in capitalized font on the bottom
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STIPULATED PROTECTIVE ORDER
61786928.1

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of each page that contains protected material. If only a portion or portions of the

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material on a page qualifies for protection, the Producing Party also must clearly

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identify the protected portion(s) in capitalized font (e.g., by making appropriate

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markings in the margins).

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b.

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

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

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

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

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inspection shall be deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY”.

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documents it wants copied and produced, the Producing Party must determine

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which documents, or portions thereof, qualify for protection under this Order.

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Then, before producing the specified documents, the Producing Party must affix the

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“CONFIDENTIAL legend” to each page that contains Protected Material. If only a

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

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

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appropriate markings in the margins).

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c.

Manner of Designating Deposition Testimony.
(1)

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After the inspecting Party has identified the

Deposition transcripts and portions thereof taken in this action

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may be designated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” during the deposition or after, in which case the

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portion of the transcript containing Designated Material shall be identified in the

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transcript by the Court Reporter as “CONFIDENTIAL,” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” The designated testimony

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shall be bound in a separate volume and marked by the reporter accordingly.
(2)

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Where testimony is designated during the deposition, the

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Designating Party shall have the right to exclude, at those portions of the

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deposition, all persons not authorized by the terms of this Protective Order to
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STIPULATED PROTECTIVE ORDER
61786928.1

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receive such Designated Material.
(3)

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Within seven (7) days after a deposition transcript is certified by

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the court reporter, any party may designate pages of the transcript and/or its

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exhibits as Designated Material. During such seven (7) day period, the transcript in

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its entirety shall be treated as “CONFIDENTIAL” (except for those portions

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identified earlier as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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which shall be treated accordingly from the date of designation). If any party so

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designates such material, the parties shall provide written notice of such designation

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to all parties within the seven (7) day period. Designated Material within the

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deposition transcript or the exhibits thereto may be identified in writing by page

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and line, or by underlining and marking such portions “CONFIDENTIAL,”

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and providing such

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marked-up portions to all counsel.

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d.

For information produced in form other than document and for any

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other tangible items, that the Producing Party affix in a prominent place on the

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exterior of the container or containers in which the information is stored the legend

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“CONFIDENTIAL.” If only a portion or portions of the information warrants

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protection, the Producing Party, to the extent practicable, shall identify the

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protected portion(s).

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C.

Inadvertent Failure to Designate

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1.

If timely corrected, an inadvertent failure to designate qualified

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information or items does not, standing alone, waive the Designating Party’s right

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to secure protection under this Order for such material. Upon timely correction of a

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designation, the Receiving Party must make reasonable efforts to assure that the

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material is treated in accordance with the provisions of this Order.

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VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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A.

Timing of Challenges
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STIPULATED PROTECTIVE ORDER

61786928.1

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1.

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confidentiality at any time that is consistent with the Court’s

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Scheduling Order.

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B.

Any party or Non-Party may challenge a designation of

Meet and Confer

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1.

The Challenging Party shall initiate the dispute resolution

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process under Local Rule 37.1 et seq. and/or as allowed by the Court’s

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Standing Order.

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C.

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

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

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

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Designating Party has waived or withdrawn the confidentiality designation,

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all parties shall continue to afford the material in question the level of

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protection to which it is entitled under the Producing Party’s designation

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until the Court rules on the challenge.

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VIII. ACCESS TO AND USE OF PROTECTED MATERIAL
A.

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

1.

Basic Principles

A Receiving Party may use Protected Material that is disclosed or

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produced by another Party or by a Non-Party in connection with this Action only

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for prosecuting, defending, or attempting to settle this Action. Such Protected

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Material may be disclosed only to the categories of persons and under the

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conditions described in this Order.

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Receiving Party must comply with the provisions of Section XIV below.

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2.

When the Action has been terminated, a

Protected Material must be stored and maintained by a Receiving Party

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

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persons authorized under this Order.

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B.

Disclosure of “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY” Information or Items
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STIPULATED PROTECTIVE ORDER
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1.

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

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

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designated “CONFIDENTIAL” only to:

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a.

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

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well as employees of said Outside Counsel of Record to whom it is reasonably

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necessary to disclose the information for this Action;

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b.

The officers, directors, and employees (including House Counsel) of

the Receiving Party to whom disclosure is reasonably necessary for this Action;
c.

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

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

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“Acknowledgment and Agreement to Be Bound” (Exhibit A);

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d.

The Court and its personnel;

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e.

Court reporters and their staff;

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f.

Professional jury or trial consultants, mock jurors, and Professional

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Vendors to whom disclosure is reasonably necessary or this Action and who have

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signed the “Acknowledgment and Agreement to be Bound” attached as Exhibit A

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hereto;

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g.

The author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;
h.

During their depositions, witnesses, and attorneys for witnesses, in the

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Action to whom disclosure is reasonably necessary provided: (i) the deposing party

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requests that the witness sign the “Acknowledgment and Agreement to Be Bound;”

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and (ii) they will not be permitted to keep any confidential information unless they

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sign the “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed

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by the Designating Party or ordered by the Court. Pages of transcribed deposition

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testimony or exhibits to depositions that reveal Protected Material may be

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separately bound by the court reporter and may not be disclosed to anyone except

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as permitted under this Stipulated Protective Order; and
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STIPULATED PROTECTIVE ORDER
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i.

Any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any of the parties engaged in settlement discussions.
2.

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

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

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designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

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a.

The Receiving Party’s Outside Counsel of Record in this Action and

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House Counsel, as well as employees of said Outside Counsel of Record and House

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Counsel to whom it is reasonably necessary to disclose the information for this

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Action;

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b.

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

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

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“Acknowledgment and Agreement to Be Bound” (Exhibit A);

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c.

The Court and its personnel;

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d.

Court reporters and their staff;

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e.

Professional jury or trial consultants, mock jurors, and Professional

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Vendors to whom disclosure is reasonably necessary or this Action and who have

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signed the “Acknowledgment and Agreement to be Bound” attached as Exhibit A

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hereto;

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f.

The author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;
g.

During their depositions, witnesses, and attorneys for witnesses, in the

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Action to whom disclosure is reasonably necessary provided: (i) the deposing party

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requests that the witness sign the “Acknowledgment and Agreement to Be Bound;”

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and (ii) they will not be permitted to keep any confidential information unless they

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sign the “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed

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by the Designating Party or ordered by the Court. Pages of transcribed deposition

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testimony or exhibits to depositions that reveal Protected Material may be

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STIPULATED PROTECTIVE ORDER
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separately bound by the court reporter and may not be disclosed to anyone except

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as permitted under this Stipulated Protective Order; and
h.

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Any mediator or settlement officer, and their supporting personnel,

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mutually agreed upon by any of the parties engaged in settlement discussions.

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IX.

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PRODUCED

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A.

PROTECTED MATERIAL SUPOENAED OR ORDERED
IN OTHER LITIGATION

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

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litigation that compels disclosure of any information or items designated in this

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Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY” that Party must:
1.

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Promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order;
2.

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Promptly notify in writing the party who caused the subpoena or order

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

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subpoena or order is subject to this Protective Order.

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include a copy of this Stipulated Protective Order; and
3.

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Such notification shall

Cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.
B.

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If the Designating Party timely seeks a protective order, the Party

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served with the subpoena or court order shall not produce any information

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designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” before a determination by the Court from which the

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subpoena or order issued, unless the Party has obtained the Designating Party’s

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permission. The Designating Party shall bear the burden and expense of seeking

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protection in that court of its confidential material and nothing in these provisions

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should be construed as authorizing or encouraging a Receiving Party in this Action

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to disobey a lawful directive from another court.

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X.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
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PRODUCED IN THIS LITIGATION

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A.

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

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

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Such information produced

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

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

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prohibiting a Non-Party from seeking additional protections.
B.

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

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

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subject to an agreement with the Non-Party not to produce the Non-Party’s

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confidential information, then the Party shall:
1.

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Promptly notify in writing the Requesting Party and the Non-Party that

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some or all of the information requested is subject to a confidentiality agreement

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with a Non-Party;
2.

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

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

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specific description of the information requested; and
3.

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Make the information requested available for inspection by the Non-

Party, if requested.
C.

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

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14 days of receiving the notice and accompanying information, the Receiving Party

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may produce the Non-Party’s confidential information responsive to the discovery

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request. If the Non-Party timely seeks a protective order, the Receiving Party shall

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not produce any information in its possession or control that is subject to the

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confidentiality agreement with the Non-Party before a determination by the court.

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Absent a court order to the contrary, the Non-Party shall bear the burden and

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expense of seeking protection in this court of its Protected Material.

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XI.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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A.

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disclosed Protected Material to any person or in any circumstance not

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authorized under this Stipulated Protective Order, the Receiving Party must

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immediately (1) notify in writing the Designating Party of the unauthorized

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disclosures, (2) use its best efforts to retrieve all unauthorized copies of the

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Protected Material, (3) inform the person or persons to whom unauthorized

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disclosures were made of all the terms of this Order, and (4) request such

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person or persons to execute the “Acknowledgment and Agreement to be

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Bound” that is attached hereto as Exhibit A.

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

XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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A.

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

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

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

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to modify whatever procedure may be established in an e-discovery order

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that provides for production without prior privilege review. Pursuant to

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Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an

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agreement on the effect of disclosure of a communication or information

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covered by the attorney-client privilege or work product protection, the

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parties may incorporate their agreement in the Stipulated Protective Order

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submitted to the Court.

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When a Producing Party gives notice to Receiving Parties that certain

XIII. MISCELLANEOUS
A.

Right to Further Relief

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1.

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modification by the Court in the future.

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B.

Right to Assert Other Objections
1.

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Nothing in this Order abridges the right of any person to seek its

By stipulating to the entry of this Protective Order, no Party
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waives any right it otherwise would have to object to disclosing or

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

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

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object on any ground to use in evidence of any of the material covered

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by this Protective Order.

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C.

Filing Protected Material

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1.

A Party that seeks to file under seal any Protected Material must

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comply with Civil Local Rule 79-5. Protected Material may only be

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

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

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Protected Material under seal is denied by the Court, then the

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Receiving Party may file the information in the public record unless

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otherwise instructed by the Court.

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XIV. FINAL DISPOSITION

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A.

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

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within sixty (60) days of a written request by the Designating Party, each

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Receiving Party must return all Protected Material to the Producing Party or

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destroy such material. As used in this subdivision, “all Protected Material”

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includes all copies, abstracts, compilations, summaries, and any other format

20

reproducing or capturing any of the Protected Material. Whether the

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

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

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entity, to the Designating Party) by the 60 day deadline that (1) identifies (by

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category, where appropriate) all the Protected Material that was returned or

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

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

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

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Counsel are entitled to retain an archival copy of all pleadings, motion
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STIPULATED PROTECTIVE ORDER
61786928.1

EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

[print or type full name], of

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

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have read in its entirety and understand the Stipulated Protective Order that was
issue by the United States District Court for the Central District of California on

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[date] in the case of

[insert formal name of the

case and the number and initials assigned to it by the Court]. I agree to comply
with and to be bound by all the terms of this Stipulated Protective Order and I

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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

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Protective Order to any person or entity except in strict compliance with the

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provisions of this Order.

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

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

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action. I hereby appoint

[print or

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type full name] of

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telephone number] as my California agent for service of process in connection

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[print or type full address and

with this action or any proceedings related to enforcement of this Stipulated
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STIPULATED PROTECTIVE ORDER
61786928.1

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Protective Order.
Date:
City and State where sworn and signed:

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Printed Name:
Signature:

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STIPULATED PROTECTIVE ORDER
61786928.1