Adam B. Struck et al v. Yida Gao et al

Filing 55

ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Maria A. Audero re Stipulation for Protective Order 54 . [See document for further details] (et)

Case 2:22-cv-02415-SPG-MAA Document 55 Filed 11/16/22 Page 1 of 26 Page ID #:1618

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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ADAM STRUCK, individually and doing
business as STRUCK CAPITAL, and
STRUCK CAPITAL MANAGEMENT LLC,
a Delaware Limited Liability Company,
Plaintiffs,

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v.

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YIDA GAO, an individual, SAND HILL
ADVISORS PR LLC, a Puerto Rican limited
liability company, SHIMA CAPITAL
MANAGEMENT LLC, a Puerto Rican limited
liability company, and Does 1-50,

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580287.2

CASE NO. 2:22-cv-02415-SPGMAAx
ORDER GRANTING STIPULATED
PROTECTIVE ORDER
Assigned to Honorable Sherilyn Peace
Garnett

Defendants.

YIDA GAO, an individual; SAND HILL
ADVISORS PR LLC, a Puerto Rican limited
liability company, and SHIMA CAPITAL
MANAGEMENT LLC, a Puerto Rican limited
liability company;
Counterclaimants,

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[PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER

Case 2:22-cv-02415-SPG-MAA Document 55 Filed 11/16/22 Page 2 of 26 Page ID #:1619

1 v.
2 ADAM STRUCK, individually and doing
3 business as STRUCK CAPITAL; STRUCK
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CAPITAL MANAGEMENT, LLC, a
Delaware Limited Liability Company;
STRUCK CAPITAL FUND GP LLC, a
Delaware Limited Liability Company;
STRUCK CAPITAL FUND II GP, LLC, a
Delaware Limited Liability Company; and
DOES 1-50, inclusive,

Counter Respondents.

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580287.2

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1
[PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER

Case 2:22-cv-02415-SPG-MAA Document 55 Filed 11/16/22 Page 3 of 26 Page ID #:1620

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On November 15, 2022, the parties filed a Stipulated Protective Order. A

2 copy of the Stipulated Protective Order is attached as Exhibit A.
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The Court, having considered the parties’ stipulation and finding good cause

4 therefore, hereby GRANTS the stipulation.
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DATED: November 16, 2022
HON. MARIA A. AUDERO

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580287.2

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2
[PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER

Case 2:22-cv-02415-SPG-MAA Document 55 Filed 11/16/22 Page 4 of 26 Page ID #:1621

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EXHIBIT A

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580287.2

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EXHIBIT A

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ORSUS GATE LLP
Denis Shmidt (Bar No. 267987)
Nabil Bisharat (Bar No. 270305)
Jennifer Haidar (Bar No. 337558)
16 N. Marengo Ave., Suite 316
Pasadena, CA 91101
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Yida Gao, Sand Hill Advisors
PR LLC, and Shima Capital Management
LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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(Western Division – Los Angeles)

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ADAM STRUCK, individually and
doing business as STRUCK CAPITAL,
and STRUCK CAPITAL
MANAGEMENT LLC, a Delaware
Limited Liability Company,

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580287.2

Case No. 2:22-cv-02415-SPG-MAA
STIPULATED PROTECTIVE
ORDER
Complaint Filed: April 11, 2022
Hon. Judge Maria A. Audero

Plaintiffs,
v.
YIDA GAO, an individual, SAND
HILL ADVISORS PR LLC, a Puerto
Rican limited liability company,
SHIMA CAPITAL MANAGEMENT
LLC, a Puerto Rican limited liability
company, and Does 1-50,
Defendants.

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STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-02415-SPG-MAA

Case 2:22-cv-02415-SPG-MAA Document 55 Filed 11/16/22 Page 6 of 26 Page ID #:1623

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YIDA GAO, an individual; SAND
HILL ADVISORS PR LLC, a Puerto
Rican limited liability company, and
SHIMA CAPITAL MANAGEMENT
LLC, a Puerto Rican limited liability
company;

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Counterclaimants,
v.
ADAM STRUCK, individually and
doing business as STRUCK
CAPITAL; STRUCK CAPITAL
MANAGEMENT, LLC, a Delaware
Limited Liability Company; STRUCK
CAPITAL FUND GP LLC, a Delaware
Limited Liability Company; STRUCK
CAPITAL FUND II GP, LLC, a
Delaware Limited Liability Company;
and DOES 1-50, inclusive,
Counter Respondents.

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580287.2

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1
STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-02415-SPG-MAA

Case 2:22-cv-02415-SPG-MAA Document 55 Filed 11/16/22 Page 7 of 26 Page ID #:1624

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
4 disclosure and from use for any purpose other than prosecuting this litigation may
5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6 enter the following Stipulated Protective Order. The parties acknowledge that this
7 Stipulated Protective Order does not confer blanket protections on all disclosures or
8 responses to discovery and that the protection it affords from public disclosure and
9 use extends only to the limited information or items that are entitled to confidential
10 treatment under the applicable legal principles. The parties further acknowledge, as
11 set forth in Section 13.3 below, that this Stipulated Protective Order does not entitle
12 them to file confidential information under seal; Local Rule 79-5 sets forth the
13 procedures that must be followed and the standards that will be applied when a
14 party seeks permission from the Court to file material under seal.
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16 2.

GOOD CAUSE STATEMENT

17

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

18 valuable research, commercial, financial, and/or proprietary information for which
19 special protection from public disclosure and from use for any purpose other than
20 prosecution of this action is warranted. Such confidential and proprietary materials
21 and information consist of, among other things, confidential business or financial
22 information, information regarding confidential business practices, or other
23 confidential research or commercial information (including information implicating
24 privacy rights of third parties), information otherwise generally unavailable to the
25 public, or which may be privileged or otherwise protected from disclosure under
26 state or federal statutes, court rules, case decisions, or common law.
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Accordingly, to expedite the flow of information, to facilitate the prompt

28 resolution of disputes over confidentiality of discovery materials, to adequately
580287.2

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STIPULATED PROTECTIVE ORDER
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1 protect information the parties are entitled to keep confidential, to ensure that the
2 parties are permitted reasonable necessary uses of such material in preparation for
3 and in the conduct of trial, to address their handling at the end of the litigation, and
4 to serve the ends of justice, a protective order for such information is justified in
5 this matter. It is the intent of the parties that information will not be designated as
6 confidential for tactical reasons and that nothing be so designated without a good
7 faith belief that it has been maintained in a confidential, non-public manner, and
8 there is good cause why it should not be part of the public record of this case.
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10 3.

DEFINITIONS

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3.1

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action, JAMS Ref. No. 1220070962, and the action pending in the Los

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Angeles Superior Court, Case No. 21SMCV00555.

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3.2

Challenging Party: A Party or Non-Party that challenges the

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designation of information or items under this Stipulated Protective

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Order.

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3.3

“CONFIDENTIAL” Information or Items: The term

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“CONFIDENTIAL” means any answer, testimony, document, article,

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information, thing, or any portion or portions thereof, produced or

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disclosed in discovery, or during the hearing in this action, which the

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disclosing party or non-party considers in good faith to contain their

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confidential information and any information concerning any party or

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non-party that is not otherwise publicly available or accessible. All

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copies of materials properly designated as “CONFIDENTIAL,” and all

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extracts, abstracts, charts, summaries, and notes made from materials

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properly designated as “CONFIDENTIAL,” shall be Confidential.

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580287.2

Action: This pending federal lawsuit, as well as the related arbitration

3.4

“HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”
Information or Items: The term, “HIGHLY CONFIDENTIAL -2
STIPULATED PROTECTIVE ORDER
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ATTORNEYS’ EYES ONLY” means any answer, testimony,

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document, article, information, thing, or any portion or portions

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thereof, produced or disclosed in discovery, or during the hearing in

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this action, which the disclosing party considers in good faith to be not

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generally known to others, and has significant competitive value such

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that unrestricted disclosure to others, including the opposing party or

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parties, would create a substantial risk of serious injury, and that the

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disclosing party (i) would not normally reveal to third parties except in

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confidence, or has undertaken with others to maintain in confidence, or

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(ii) believes in good faith is significantly sensitive and protected by a

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right to privacy under federal or state law or any other applicable

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privilege or right related to confidentiality or privacy, above and

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beyond the “Confidential” designation. All copies of materials

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properly designated as “HIGHLY CONFIDENTIAL -- ATTORNEYS’

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EYES ONLY,” and all extracts, abstracts, charts, summaries, and notes

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made from materials properly designated as “HIGHLY

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CONFIDENTIAL -- ATTORNEYS’ EYES ONLY,” shall be

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Attorneys’ Eyes Only Material.

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3.5

their support staff).

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3.6

Designating Party: A Party or Nonparty that designates information or

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL --

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ATTORNEYS’ EYES ONLY.”

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580287.2

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

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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

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maintained (including, among other things, testimony, transcripts, and

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tangible things), that is produced or generated in disclosures or
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STIPULATED PROTECTIVE ORDER
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3.8

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

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

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In-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

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any other outside counsel.

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3.10 Non-Party: Any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this action.

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3.11 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

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this Action and have appeared in this Action on behalf of that party or

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are affiliated with a law firm which has appeared on behalf of that

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party, and includes support staff.

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

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employees, consultants, retained experts, and Outside Counsel of

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Record (and their support staffs).

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3.13 Producing Party: A Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
3.14 Professional Vendors: Persons or entities that provide litigation

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support services (e.g., photocopying, videotaping, translating,

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preparing exhibits or demonstrations, and organizing, storing, or

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retrieving data in any form or medium) and their employees and

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subcontractors.

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3.15 Protected Material: Any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL —

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ATTORNEYS’ EYES ONLY.”

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580287.2

responses to discovery in this matter.

3.16 Receiving Party: A Party that receives Disclosure or Discovery
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STIPULATED PROTECTIVE ORDER
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Material from a Producing Party.

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3 4.

SCOPE

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The protections conferred by this Stipulated Protective Order cover not only

5 Protected Material (as defined above), but also (1) any information copied or
6 extracted from Protected Material; (2) all copies, excerpts, summaries, or
7 compilations of Protected Material; and (3) any testimony, conversations, or
8 presentations by Parties or their Counsel that might reveal Protected Material.
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Any use of Protected Material at trial shall be governed by the orders of the

10 trial judge. This Stipulated Protective Order does not govern the use of Protected
11 Material at trial.
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13 5.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

15 imposed by this Stipulated Protective Order shall remain in effect until a
16 Designating Party agrees otherwise in writing or a court order otherwise directs.
17 Final disposition shall be deemed to be the later of (1) dismissal of all claims and
18 defenses in this Action, with or without prejudice; and (2) final judgment herein
19 after the completion and exhaustion of all appeals, rehearings, remands, trials, or
20 reviews of this Action, including the time limits for filing any motions or
21 applications for extension of time pursuant to applicable law.
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23 6.

DESIGNATING PROTECTED MATERIAL

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6.1

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

Exercise of Restraint and Care in Designating Material for Protection.

26 under this Stipulated Protective Order must take care to limit any such designation
27 to specific material that qualifies under the appropriate standards. The Designating
28 Party must designate for protection only those parts of material, documents, items,
580287.2

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STIPULATED PROTECTIVE ORDER
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1 or oral or written communications that qualify so that other portions of the material,
2 documents, items, or communications for which protection is not warranted are not
3 swept unjustifiably within the ambit of this Stipulated Protective Order.
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Mass, indiscriminate, or routinized designations are prohibited. Designations

5 that are shown to be clearly unjustified or that have been made for an improper
6 purpose (e.g., to unnecessarily encumber the case development process or to impose
7 unnecessary expenses and burdens on other parties) may expose the Designating
8 Party to sanctions.
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6.2

Manner and Timing of Designations.

Except as otherwise provided in this Stipulated Protective Order (see, e.g.,

11 Section 6.2(a)), or as otherwise stipulated or ordered, Disclosure or Discovery
12 Material that qualifies for protection under this Stipulated Protective Order must be
13 clearly so designated before the material is disclosed or produced.
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Designation in conformity with this Stipulated Protective Order requires the

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

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documents, but excluding transcripts of depositions), that the

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Producing Party affix at a minimum, the legend “CONFIDENTIAL”

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or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” to

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

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portions of the material on a page qualifies for protection, the

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Producing Party also must clearly identify the protected portion(s)

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(e.g., by making appropriate markings in the margins).

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580287.2

(a)

(b)

A Party or Non-Party that makes original documents or materials

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available for inspection need not designate them for protection until

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after the inspecting Party has indicated which material it would like

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copied and produced. During the inspection and before the designation,

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all of the material made available for inspection shall be deemed
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STIPULATED PROTECTIVE ORDER
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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After

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the inspecting Party has identified the documents it wants copied and

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produced, the Producing Party must determine which documents, or

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portions thereof, qualify for protection under this Order. Then, before

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producing the specified documents, the Producing Party must affix the

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appropriate legend (“CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each page that

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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

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

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appropriate markings in the margins) and must specify, for each

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portion, the level of protection being asserted.

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580287.2

(c) For testimony given in deposition or in other pretrial or trial

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proceedings, that the Designating Party identify on the record, before

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the close of the deposition, hearing, or other proceeding, all protected

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testimony and specify the level of protection being asserted. When it is

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impractical to identify separately each portion of testimony that is

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entitled to protection and it appears that substantial portions of the

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testimony may qualify for protection, the Designating Party may

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invoke on the record (before the deposition, hearing, or other

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proceeding is concluded) a right to have up to 30 days to identify the

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specific portions of the testimony as to which protection is sought and

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to specify the level of protection being asserted. Only those portions of

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the testimony that are appropriately designated for protection within

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the 30 days shall be covered by the provisions of this Stipulated

26

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

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the deposition or up to 30 days afterwards if that period is properly

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invoked, that the entire transcript shall be treated as
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STIPULATED PROTECTIVE ORDER
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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY.”

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deposition, hearing or other proceeding to include Protected Material

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so that the other parties can ensure that only authorized individuals

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who have signed the “Acknowledgment and Agreement to Be Bound”

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(Exhibit A) are present at those proceedings. The use of a document as

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an exhibit at a deposition shall not in any way affect its designation as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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580287.2

(d) Parties shall give the other parties notice if they reasonably expect a

ATTORNEYS’ EYES ONLY.”

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(e) Transcripts containing Protected Material shall have an obvious legend

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on the title page that the transcript contains Protected Material, and the

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title page shall be followed by a list of all pages (including line

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numbers as appropriate) that have been designated as Protected

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Material and the level of protection being asserted by the Designating

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Party. The Designating Party shall inform the court reporter of these

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requirements. Any transcript that is prepared before the expiration of a

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30-day period for designation shall be treated during that period as if it

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had been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY” in its entirety unless otherwise agreed. After the

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expiration of that period, the transcript shall be treated only as actually

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designated.

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(c) For information produced in some form other than documentary and

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for any other tangible items, that the Producing Party affix in a

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prominent place on the exterior of the container or containers in which

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the information is stored the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” If only a portion

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or portions of the information warrants protection, the Producing Party,
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to the extent practicable, shall identify the protected portion(s).

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6.3

4

If timely corrected, an inadvertent failure to designate qualified information

Inadvertent Failures to Designate.

5 or items does not, standing alone, waive the Designating Party’s right to secure
6 protection under this Stipulated Protective Order for such material. Upon timely
7 correction of a designation, the Receiving Party must make reasonable efforts to
8 assure that the material is treated in accordance with the provisions of this
9 Stipulated Protective Order.
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11 7.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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7.1

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Any Party or Non-Party may challenge a designation of confidentiality at any

Timing of Challenges.

14 time that is consistent with the Court’s Scheduling Order.
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7.2

Meet and Confer.

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The Challenging Party shall initiate the dispute resolution process under

17 Local Rule 37-1 et seq. and with Section 4 of Judge Audero’s Procedures
18 (“Mandatory Telephonic Conference for Discovery Disputes”).1
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7.3

Burden of Persuasion

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

21 Designating Party. Frivolous challenges, and those made for an improper purpose
22 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
23 expose the Challenging Party to sanctions. Unless the Designating Party has
24 waived or withdrawn the confidentiality designation, all parties shall continue to
25 afford the material in question the level of protection to which it is entitled under
26 the Producing Party’s designation until the Court rules on the challenge.
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1

Judge Audero’s Procedures are available at https://www.cacd.uscourts.gov/honorable-mariaaudero.
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STIPULATED PROTECTIVE ORDER
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2 8.

ACCESS TO AND USE OF PROTECTED MATERIAL

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8.1

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A Receiving Party may use Protected Material that is disclosed or produced

Basic Principles.

5 by another Party or by a Non-Party in connection with this Action only for
6 prosecuting, defending, or attempting to settle this Action. Such Protected Material
7 may be disclosed only to the categories of persons and under the conditions
8 described in this Stipulated Protective Order. When the Action has been terminated,
9 a Receiving Party must comply with the provisions of Section 13 below.
10

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

11 location and in a secure manner that ensures that access is limited to the persons
12 authorized under this Stipulated Protective Order.
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8.2

Disclosure of “CONFIDENTIAL” Information or Items.

14

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

15 Designating Party, a Receiving Party may disclose any information or item
16 designated “CONFIDENTIAL” only to:
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(a) the Parties;

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(b) 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

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reasonably necessary to disclose the information for this Action;

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(c) the officers, directors, and employees (including In-House Counsel) of

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the Receiving Party to whom disclosure is reasonably necessary for

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this Action;

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or was previously an officer, director, partner, member, employee, or

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agent of any entity that has had access to the materials at issue;

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(e) any deposition, trial, or hearing witness in the Action who previously

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(d) any deposition, trial, or hearing witness in the Action who is currently

has had access to the materials at issue;
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Receiving Party to whom disclosure is reasonably necessary for this

3

Action and who have signed the “Acknowledgment and Agreement to

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Be Bound” (Exhibit A);

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(g) the court and its personnel;

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(h) private court reporters and their staff to whom disclosure is reasonably

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necessary for this Action and who have signed the “Acknowledgment

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and Agreement to Be Bound” (Exhibit A);

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(i) professional jury or trial consultants, mock jurors, and Professional

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Vendors to whom disclosure is reasonably necessary for this Action

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and who have signed the “Acknowledgment and Agreement to Be

12

Bound” (Exhibit A);

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

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custodian or other person who otherwise possessed or knew the

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information to whom disclosure is reasonably necessary for this Action

16

and who have signed the “Acknowledgment and Agreement to Be

17

Bound” (Exhibit A);

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580287.2

(f) Experts (as defined in this Stipulated Protective Order) of the

(k) during their depositions, witnesses, and attorneys for witnesses, in the

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Action who did not previously have access to the materials at issue but

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to whom disclosure is reasonably necessary provided: (1) the deposing

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party requests that the witness sign the “Acknowledgment and

22

Agreement to Be Bound” (Exhibit A); and (2) they will not be

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permitted to keep any confidential information unless they sign the

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

25

otherwise agreed by the Designating Party or ordered by the court.

26

Pages of transcribed deposition testimony or exhibits to depositions

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that reveal Protected Material may be separately bound by the court

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reporter and may not be disclosed to anyone except as permitted under
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STIPULATED PROTECTIVE ORDER
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this Stipulated Protective Order; and

2

(l) any mediator or settlement officer, and their supporting personnel,

3

mutually agreed upon by any of the parties engaged in settlement

4

discussions.

5

8.3

Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

6 ONLY” Information or Items. Unless otherwise ordered by the court or permitted
7 in writing by the Designating Party, a Receiving Party may disclose any
8 information or item designated “HIGHLY CONFIDENTIAL” only to the persons
9 as set for above in Paragraphs 8.2(b), 8.2(f), 8.2(g), 8.2(h), 8.2(i), and 8.2(l).
10
11 9.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

12

PRODUCED IN OTHER LITIGATION

13

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

14 other than those as defined as the Action, that compels disclosure of any
15 information or items designated in this Action as “CONFIDENTIAL” or “HIGHLY
16 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY,” that Party must:
17

(a) promptly notify in writing the Designating Party. Such notification

18

shall include a copy of the subpoena or court order unless prohibited

19

by law;

20

(b) promptly notify in writing the party who caused the subpoena or order

21

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

22

by the subpoena or order is subject to this Stipulated Protective Order.

23

Such notification shall include a copy of this Stipulated Protective

24

Order; and

25

(c) cooperate with respect to all reasonable procedures sought to be

26

pursued by the Designating Party whose Protected Material may be

27

affected.

28
580287.2

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1

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

2 the subpoena or court order shall not produce any information designated in this
3 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’
4 EYES ONLY” before a determination by the court from which the subpoena or
5 order issued, unless the Party has obtained the Designating Party’s permission, or
6 unless otherwise required by the law or court order. The Designating Party shall
7 bear the burden and expense of seeking protection in that court of its confidential
8 material and nothing in these provisions should be construed as authorizing or
9 encouraging a Receiving Party in this Action to disobey a lawful directive from
10 another court.
11
12 10.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

13

PRODUCED IN THIS LITIGATION

14

10.1 Application

15

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

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

10.2 Notification

22

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

23 a Non-Party’s confidential information in its possession, and the Party is subject to
24 an agreement with the Non-Party not to produce the Non-Party’s confidential
25 information, then the Party shall:
26

580287.2

(a)

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

27

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

28

agreement with a Non-Party;
13
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1

(b)

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

2

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

3

reasonably specific description of the information requested; and

4

(c)

make the information requested available for inspection by the Non-

5

Party, if requested.

6

10.3 Conditions of Production

7

If a Non-Party represented by counsel fails to commence the process called

8 for by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the notice and
9 accompanying information or fails contemporaneously to notify the Receiving
10 Party that it has done so, the Receiving Party may produce the Non-Party’s
11 confidential information responsive to the discovery request. If an unrepresented
12 Non-Party fails to seek a protective order from this court within 14 days of
13 receiving the notice and accompanying information, the Receiving Party may
14 produce the Non-Party’s confidential information responsive to the discovery
15 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
16 not produce any information in its possession or control that is subject to the
17 confidentiality agreement with the Non-Party before a determination by the court
18 unless otherwise required by the law or court order. Absent a court order to the
19 contrary, the Non-Party shall bear the burden and expense of seeking protection in
20 this court of its Protected Material.
21
22 11.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

23

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

24 Protected Material to any person or in any circumstance not authorized under this
25 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
26 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
27 to retrieve all unauthorized copies of the Protected Material, (c) inform the person
28 or persons to whom unauthorized disclosures were made of all the terms of this
580287.2

14
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1 Order, and (d) request such person or persons to execute the “Acknowledgment and
2 Agreement to Be Bound” (Exhibit A).
3
4 12.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

5

PROTECTED MATERIAL

6

When a Producing Party gives notice to Receiving Parties that certain

7 inadvertently produced material is subject to a claim of privilege or other
8 protection, the obligations of the Receiving Parties are those set forth in Federal
9 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
10 whatever procedure may be established in an e-discovery order that provides for
11 production without prior privilege review. Pursuant to Federal Rule of Evidence
12 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
13 of a communication or information covered by the attorney-client privilege or work
14 product protection, the parties may incorporate their agreement into this Stipulated
15 Protective Order.
16

The inadvertent production by a Party or Non-Party to the Action of any

17 document, testimony, or information during discovery in this Action without a
18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES
19 ONLY” designation, or any document protected by the attorney-client or work
20 product doctrine, shall be without prejudice to any claim that such item is
21 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES
22 ONLY,” privileged, or protected, and such Party or Non-Party shall not be held to
23 have waived any rights by such inadvertent production, including but not limited to
24 the attorney-client privilege, the protection afforded to work-product materials or
25 the subject matter thereof, or the confidential nature of any such information.
26

580287.2

27 13.

MISCELLANEOUS

28

13.1 Right to Further Relief.
15
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1

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

2 modification by the Court in the future.
3

13.2 Right to Assert Other Objections.

4

By stipulating to the entry of this Stipulated Protective Order, no Party

5 waives any right it otherwise would have to object to disclosing or producing any
6 information or item on any ground not addressed in this Stipulated Protective
7 Order. Similarly, no Party waives any right to object on any ground to use in
8 evidence of any of the material covered by this Stipulated Protective Order.
9
10

13.3 Filing Protected Material.
A Party that seeks to file under seal any Protected Material must comply

11 with Civil Local Rule 79-5 and with any pertinent orders of the assigned District
12 Judge and Magistrate Judge. Protected Material may only be filed under seal
13 pursuant to a court order authorizing the sealing of the specific Protected Material
14 at issue. If a Party’s request to file Protected Material under seal is denied by the
15 court, then the Receiving Party may file the information in the public record unless
16 otherwise instructed by the court.
17
18 14.

FINAL DISPOSITION

19

After the final disposition of this Action, within sixty (60) days of a written

20 request by the Designating Party, each Receiving Party must return all Protected
21 Material to the Producing Party or destroy such material. As used in this
22 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
23 summaries, and any other format reproducing or capturing any of the Protected
24 Material. Whether the Protected Material is returned or destroyed, the Receiving
25 Party must submit a written certification to the Producing Party (and, if not the
26 same person or entity, to the Designating Party) by the 60 day deadline that (1)
27 identifies (by category, where appropriate) all the Protected Material that was
28 returned or destroyed and (2) affirms that the Receiving Party has not retained any
580287.2

16
STIPULATED PROTECTIVE ORDER
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Case 2:22-cv-02415-SPG-MAA Document 55 Filed 11/16/22 Page 23 of 26 Page ID #:1640

1 copies, abstracts, compilations, summaries or any other format reproducing or
2 capturing any of the Protected Material. Notwithstanding this provision, Counsel
3 are entitled to retain an archival copy of all pleadings, motion papers, trial,
4 deposition, and hearing transcripts, legal memoranda, correspondence, deposition
5 and trial exhibits, expert reports, attorney work product, and consultant and expert
6 work product, even if such materials contain Protected Material. Any such archival
7 copies that contain or constitute Protected Material remain subject to this Stipulated
8 Protective Order as set forth in Section 5.
9
10 / / /
11
12 / / /
13
14 / / /
15
16 / / /
17
18 / / /
19
20 / / /
21
22 / / /
23
24 / / /
25
26 / / /
27
28 / / /
580287.2

17
STIPULATED PROTECTIVE ORDER
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1 15.

VIOLATION

2

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

3 appropriate measures including, without limitation, contempt proceedings and/or
4 monetary sanctions.
5
6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
7
8 Dated: November 15, 2022
9
10

MILLER BARONDESS, LLP
Amnon Z. Siegel
Landon J. Dial
By /s/ Amnon Z. Siegel
Amnon Z. Siegel
Attorneys Plaintiffs and CounterRespondents

11
12
13
14
15

Dated: November 15, 2022

16
17

ORSUS GATE LLP
Denis Shmidt
Nabil Bisharat
Jennifer Haidar
By /s/ Denis Shmidt
Denis Shmidt
Attorneys Defendants and Counterclaimants

18
19
20
21
22

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

23
24 Dated: November 16, 2022

_________________________
Maria A. Audero
United States Magistrate Judge

25
26
27
28
580287.2

18
STIPULATED PROTECTIVE ORDER
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Case 2:22-cv-02415-SPG-MAA Document 55 Filed 11/16/22 Page 25 of 26 Page ID #:1642

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I,

______________________________________

[NAME],

4 ______________________________________ [POSITION AND EMPLOYER],
5 declare under penalty of perjury that I have read in its entirety and understand the
6 Stipulated Protective Order that was issued by the United States District Court for the
7 Central District of California on ____________[DATE] in the case of Struck et al. v.
8 Gao et al., Case No. 2:22-cv-02415-SPG-MAA. I agree to comply with and to be
9 bound by all the terms of this Stipulated Protective Order, and I understand and
10 acknowledge that failure to so comply could expose me to sanctions and punishment
11 in the nature of contempt. I solemnly promise that I will not disclose in any manner
12 any information or item that is subject to this Stipulated Protective Order to any
13 person or entity except in strict compliance with the provisions of this Stipulated
14 Protective Order.
15

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

16 for the Central District of California for the purpose of enforcing the terms of this
17 Stipulated Protective Order, even if such enforcement proceedings occur after
18 termination

of

this

action.

19 ______________________________________

I

hereby
[NAME]

appoint
of

20 _______________________[ADDRESS AND TELEPHONE NUMBER] as my
21 California agent for service of process in connection with this action or any
22 proceedings related to enforcement of this Stipulated Protective Order.
23
24 Signature:

___________________

25 Printed Name:

___________________

26 Date:

___________________

27 City and State Where Sworn and Signed:

___________________

28
580287.2

19
STIPULATED PROTECTIVE ORDER
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Case 2:22-cv-02415-SPG-MAA Document 55 Filed 11/16/22 Page 26 of 26 Page ID #:1643

1
2

CERTIFICATION OF SERVICE
The undersigned hereby certifies that on November 16, 2022, all counsel of

3 record who are deemed to have consented to electronic service are being served
4 with a copy of this document via the Court’s CM/ECF system.
5
6

By: /s/ Denis Shmidt______________
Denis Shmidt

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
580287.2

26
27
28
CERTIFICATION OF SERVICE
CASE NO. 2:22-CV-02415-SPG-MAA