Bluprint Clothing Corp v. City Chic Collective USA Incorporated et al

Filing 35

STIPULATED PROTECTIVE ORDER by Magistrate Judge Maria A. Audero re Stipulation for Protective Order 33 . See document for further details. (es)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

10
Case No. 22-cv-03265-JFW-MAA

11 BLUPRINT CLOTHING CORP, a
California corporation,
12
Plaintiff,
13
vs.
14
CITY CHIC COLLECTIVE USA
15 INCORPORATED, a Delaware
corporation, and DOES 1 through 10,
16 inclusive,
17

[Assigned to the Honorable John F.
Walter]
(PROPOSED) STIPULATED
PROTECTIVE ORDER
[Discovery Matter: Referred To
Magistrate Judge Maria A. Audero]

Defendants.

18
19
20 1.

PURPOSES AND LIMITATIONS

21

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

22 proprietary, or private information for which special protection from public
23 disclosure and from use for any purpose other than prosecuting this litigation may
24 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
25 enter the following Stipulated Protective Order. The parties acknowledge that this
26 Stipulated Protective Order does not confer blanket protections on all disclosures or
27 responses to discovery and that the protection it affords from public disclosure and
28 use extends only to the limited information or items that are entitled to confidential
1

(PROPOSED) STIPULATED PROTECTIVE ORDER

1 treatment under the applicable legal principles. The parties further acknowledge, as
2 set forth in Section 13.3 below, that this Stipulated Protective Order does not entitle
3 them to file confidential information under seal; Local Rule 79-5 sets forth the
4 procedures that must be followed and the standards that will be applied when a
5 party seeks permission from the Court to file material under seal.
6
7 2.

GOOD CAUSE STATEMENT

8

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

9 other valuable research, development, commercial, financial, technical and/or
10 proprietary information for which special protection from public disclosure and
11 from use for any purpose other than prosecution of this action is warranted. Such
12 confidential and proprietary materials and information consist of, among other
13 things, confidential business or financial information, information regarding
14 confidential business practices, or other confidential research, development, or
15 commercial information (including information implicating privacy rights of third
16 parties), information otherwise generally unavailable to the public, or which may be
17 privileged or otherwise protected from disclosure under state or federal statutes,
18 court rules, case decisions, or common law. Further, certain information should be
19 designated as “Highly Confidential – Attorneys’ Eyes Only” because it might be of
20 value to a competitor or potential customer of the party or non-party holding the
21 proprietary rights thereto, and therefore must be protected from disclosure, even to
22 the other party, but not to their outside counsel. Accordingly, to expedite the flow
23 of information, to facilitate the prompt resolution of disputes over confidentiality of
24 discovery materials, to adequately protect information the parties are entitled to
25 keep confidential, to ensure that the parties are permitted reasonable necessary uses
26 of such material in preparation for and in the conduct of trial, to address their
27 handling at the end of the litigation, and to serve the ends of justice, a protective
28 order for such information is justified in this matter. It is the intent of the parties
2

(PROPOSED) STIPULATED PROTECTIVE ORDER

1 that information will not be designated as confidential for tactical reasons and that
2 nothing be so designated without a good faith belief that it has been maintained in a
3 confidential, non-public manner, and there is good cause why it should not be part
4 of the public record of this case.
5
6 3.

DEFINITIONS

7

3.1.

Action: This pending federal lawsuit.

8

3.2.

Challenging Party: A Party or Nonparty that challenges the

9

designation of information or items under this Stipulated Protective

10
11

Order.
3.3. “CONFIDENTIAL” Information or Items: Information (regardless of

12

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

13

qualify for protection under Federal Rule of Civil Procedure 26(c), and

14

as specified above in the Good Cause Statement.

15

3.4.

16
17

Counsel: Outside Counsel of Record and In-House Counsel (as well
as their support staff).

3.5.

Designating Party: A Party or Nonparty that designates information or

18

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

19

“CONFIDENTIAL.”

20

3.6.

Disclosure or Discovery Material: All items or information, regardless

21

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

22

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

23

tangible things), that is produced or generated in disclosures or

24

responses to discovery in this matter.

25

3.7.

Expert: A person with specialized knowledge or experience in a

26

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

27

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

28
3

(PROPOSED) STIPULATED PROTECTIVE ORDER

1

3.8.

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

2

Information or Items: Information (regardless of how it is generated,

3

stored or maintained) that might be of value to a competitor or potential

4

customer of the party or non-party holding the proprietary rights thereto.

5

3.9.

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

6

Action. In-House Counsel does not include Outside Counsel of

7

Record or any other outside counsel.

8
9
10

3.10. Nonparty: Any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this action.
3.11. Outside Counsel of Record: Attorneys who are not employees of a

11

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

12

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

13

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

14

party, and includes support staff.

15

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

16

employees, consultants, retained experts, In-House Counsel, and

17

Outside Counsel of Record (and their support staffs).

18
19
20

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

21

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

22

preparing exhibits or demonstrations, and organizing, storing, or

23

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

24

subcontractors.

25
26
27
28

3.15. Protected Material: Any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
3.16. Receiving Party: A Party that receives Disclosure or Discovery
Material from a Producing Party.
4

(PROPOSED) STIPULATED PROTECTIVE ORDER

1 4.

SCOPE

2

The protections conferred by this Stipulated Protective Order cover not only

3 Protected Material, but also (1) any information copied or extracted from Protected
4 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
5 and (3) any testimony, conversations, or presentations by Parties or their Counsel
6 that might reveal Protected Material.
7

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

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

DURATION

12

Even after final disposition of this litigation, the confidentiality obligations

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

DESIGNATING PROTECTED MATERIAL

22

6.1.

23

Exercise of Restraint and Care in Designating Material for Protection.
Each Party or Nonparty that designates information or items for

24

protection under this Stipulated Protective Order must take care to

25

limit any such designation to specific material that qualifies under the

26

appropriate standards. The Designating Party must designate for

27

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

28

written communications that qualify so that other portions of the
5

(PROPOSED) STIPULATED PROTECTIVE ORDER

1

material, documents, items, or communications for which protection is

2

not warranted are not swept unjustifiably within the ambit of this

3

Stipulated Protective Order.

4

Mass, indiscriminate, or routinized designations are prohibited.

5

Designations that are shown to be clearly unjustified or that have been

6

made for an improper purpose (e.g., to unnecessarily encumber the

7

case development process or to impose unnecessary expenses and

8

burdens on other parties) may expose the Designating Party to

9

sanctions.

10

6.2.

Manner and Timing of Designations.

11

Except as otherwise provided in this Stipulated Protective Order

12

(see, e.g., Section 6.2(a)), or as otherwise stipulated or ordered,

13

Disclosure or Discovery Material that qualifies for protection under

14

this Stipulated Protective Order must be clearly so designated before

15

the material is disclosed or produced.
Designation in conformity with this Stipulated Protective Order

16
17

requires the following:

18

(a)

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

19

documents, but excluding transcripts of depositions or other

20

pretrial or trial proceedings), that the Producing Party affix at a

21

minimum, the legend “CONFIDENTIAL” or “HIGHLY

22

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each

23

page that contains protected material. If only a portion or

24

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

25

Producing Party also must clearly identify the protected

26

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

27

margins).

28 ///
6

(PROPOSED) STIPULATED PROTECTIVE ORDER

A Party or Nonparty that makes original documents

1

available for inspection need not designate them for protection

2

until after the inspecting Party has indicated which documents it

3

would like copied and produced. During the inspection and

4

before the designation, all of the material made available for

5

inspection shall be deemed “CONFIDENTIAL” or “HIGHLY

6

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the

7

inspecting Party has identified the documents it wants copied

8

and produced, the Producing Party must determine which

9

documents, or portions thereof, qualify for protection under this

10

Stipulated Protective Order. Then, before producing the

11

specified documents, the Producing Party must affix the legend

12

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

13

ATTORNEYS’ EYES ONLY” to each page that contains

14

Protected Material. If only a portion or portions of the material

15

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

16

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

17
18
19

appropriate markings in the margins).
(b)

identify the Disclosure or Discovery Material on the record,

20
21
22
23
24
25
26
27
28

For testimony given in depositions, that the Designating Party
before the close of the deposition, all protected testimony.

(c)

For information produced in nondocumentary form, and for any
other tangible items, that the Producing Party affix in a
prominent place on the exterior of the container or containers in
which the information is stored the legend “CONFIDENTIAL”
or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY.” If only a portion or portions of the information
warrants protection, the Producing Party, to the extent
practicable, shall identify the protected portion(s).
7

(PROPOSED) STIPULATED PROTECTIVE ORDER

1

6.3.

2

Inadvertent Failure to Designate.
If timely corrected, an inadvertent failure to designate qualified

3

information or items does not, standing alone, waive the Designating

4

Party’s right to secure protection under this Stipulated Protective Order

5

for such material. Upon timely correction of a designation, the

6

Receiving Party must make reasonable efforts to assure that the

7

material is treated in accordance with the provisions of this Stipulated

8

Protective Order.

9
10 7.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

11

7.1.

Timing of Challenges.

12

Any Party or Nonparty may challenge a designation of

13

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

14

Scheduling Order.

15

7.2.

16

Meet and Confer.
The Challenging Party shall initiate the dispute resolution

17

process, which shall comply with Local Rule 37.1 et seq., and with

18

Section 4 of Judge Audero’s Procedures (“Mandatory Telephonic

19

Conference for Discovery Disputes”). 1

20

7.3.

21

Burden of Persuasion.
The burden of persuasion in any such challenge proceeding shall

22

be on the Designating Party. Frivolous challenges, and those made for

23

an improper purpose (e.g., to harass or impose unnecessary expenses

24

and burdens on other parties) may expose the Challenging Party to

25

sanctions. Unless the Designating Party has waived or withdrawn the

26
27

Judge Audero’s Procedures are available at
28 https://www.cacd.uscourts.gov/honorable-maria-audero.
1

8

(PROPOSED) STIPULATED PROTECTIVE ORDER

1

confidentiality designation, all parties shall continue to afford the

2

material in question the level of protection to which it is entitled under

3

the Producing Party’s designation until the Court rules on the

4

challenge.

5 8.

ACCESS TO AND USE OF PROTECTED MATERIALS

6

8.1.

Basic Principles.

7

A Receiving Party may use Protected Material that is disclosed

8

or produced by another Party or by a Nonparty in connection with this

9

Action only for prosecuting, defending, or attempting to settle this

10

Action. Such Protected Material may be disclosed only to the

11

categories of persons and under the conditions described in this

12

Stipulated Protective Order. When the Action reaches a final

13

disposition, a Receiving Party must comply with the provisions of

14

Section 14 below.

15

Protected Material must be stored and maintained by a

16

Receiving Party at a location and in a secure manner that ensures that

17

access is limited to the persons authorized under this Stipulated

18

Protective Order.

19

8.2.

Disclosure of “CONFIDENTIAL” Information or Items.

20

Unless otherwise ordered by the Court or permitted in writing

21

by the Designating Party, a Receiving Party may disclose any

22

information or item designated “CONFIDENTIAL” only to:

23

(a)

The Receiving Party’s Outside Counsel of Record, as well as

24

employees of said Outside Counsel of Record to whom it is

25

reasonably necessary to disclose the information for this Action;

26

(b)

The officers, directors, and employees (including In-House

27

Counsel) of the Receiving Party to whom disclosure is

28

reasonably necessary for this Action;
9

(PROPOSED) STIPULATED PROTECTIVE ORDER

1

(c)

Experts of the Receiving Party to whom disclosure is reasonably

2

necessary for this Action and who have signed the

3

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

4

(d)

The Court and its personnel;

5

(e)

Court reporters and their staff;

6

(f)

Professional jury or trial consultants, mock jurors, and

7

Professional Vendors to whom disclosure is reasonably

8

necessary or this Action and who have signed the

9

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

10

(g)

The author or recipient of a document containing the

11

information or a custodian or other person who otherwise

12

possessed or knew the information;

13

(h)

During their depositions, witnesses, and attorneys for witnesses,

14

in the Action to whom disclosure is reasonably necessary

15

provided: (i) the deposing party requests that the witness sign

16

the “Acknowledgment and Agreement to Be Bound” (Exhibit

17

A); and (ii) the witness will not be permitted to keep any

18

confidential information unless they sign the “Acknowledgment

19

and Agreement to Be Bound,” unless otherwise agreed by the

20

Designating Party or ordered by the Court. Pages of transcribed

21

deposition testimony or exhibits to depositions that reveal

22

Protected Material may be separately bound by the court

23

reporter and may not be disclosed to anyone except as permitted

24

under this Stipulated Protective Order; and

25

(i)

Any mediator or settlement officer, and their supporting

26

personnel, mutually agreed upon by any of the parties engaged

27

in settlement discussions.

28 ///
10

(PROPOSED) STIPULATED PROTECTIVE ORDER

1
2

8.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY” Information or Items.

3

Unless otherwise ordered by the Court or permitted in writing

4

by the Designating Party, a Receiving Party may disclose any

5

information or item designated “HIGHLY CONFIDENTIAL –

6

ATTORNEYS’ EYES ONLY” only to:

7

(a)

The Receiving Party’s Outside Counsel of Record, as well as

8

employees of said Outside Counsel of Record to whom it is

9

reasonably necessary to disclose the information for this Action;

10

(b)

Experts of the Receiving Party to whom disclosure is reasonably

11

necessary for this Action and who have signed the

12

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

13

(c)

The Court and its personnel;

14

(d)

Court reporters and their staff;

15

(e)

Professional jury or trial consultants, mock jurors, and

16

Professional Vendors to whom disclosure is reasonably

17

necessary or this Action and who have signed the

18

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

19

(f)

The author or recipient of a document containing the

20

information or a custodian or other person who otherwise

21

possessed or knew the information;

22

(g)

During their depositions, witnesses, and attorneys for witnesses,

23

in the Action to whom disclosure is reasonably necessary

24

provided: (i) the deposing party requests that the witness sign

25

the “Acknowledgment and Agreement to Be Bound” (Exhibit

26

A); and (ii) the witness will not be permitted to keep any

27

confidential information unless they sign the “Acknowledgment

28

and Agreement to Be Bound,” unless otherwise agreed by the
11

(PROPOSED) STIPULATED PROTECTIVE ORDER

1

Designating Party or ordered by the Court. Pages of transcribed

2

deposition testimony or exhibits to depositions that reveal

3

Protected Material may be separately bound by the court

4

reporter and may not be disclosed to anyone except as permitted

5

under this Stipulated Protective Order; and

6

(h)

Any mediator or settlement officer, and their supporting

7

personnel, mutually agreed upon by any of the parties engaged

8

in settlement discussions.

9
10 9.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

11

PRODUCED IN OTHER LITIGATION

12

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

13 that compels disclosure of any information or items designated in this Action as
14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
15 ONLY,” that Party must:
16

(a)

17
18

Promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;

(b)

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

19

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

20

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

21

Such notification shall include a copy of this Stipulated Protective

22

Order; and

23

(c)

Cooperate with respect to all reasonable procedures sought to be

24

pursued by the Designating Party whose Protected Material may be

25

affected.

26

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

27 the subpoena or court order shall not produce any information designated in this
28
12

(PROPOSED) STIPULATED PROTECTIVE ORDER

1 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
2 EYES ONLY” before a determination by the Court from which the subpoena or
3 order issued, unless the Party has obtained the Designating Party’s permission. The
4 Designating Party shall bear the burden and expense of seeking protection in that
5 court of its confidential material and nothing in these provisions should be
6 construed as authorizing or encouraging a Receiving Party in this Action to
7 disobey a lawful directive from another court.
8
9 10.

A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE

10

PRODUCED IN THIS LITIGATION

11

10.1. Application.

12

The terms of this Stipulated Protective Order are applicable to

13

information produced by a Nonparty in this Action and designated as

14

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

15

ATTORNEYS’ EYES ONLY.” Such information produced by

16

Nonparties in connection with this litigation is protected by the

17

remedies and relief provided by this Stipulated Protective Order.

18

Nothing in these provisions should be construed as prohibiting a

19

Nonparty from seeking additional protections.

20

10.2. Notification.

21

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

22

request, to produce a Nonparty’s confidential information in its

23

possession, and the Party is subject to an agreement with the Nonparty

24

not to produce the Nonparty’s confidential information, then the Party

25

shall:

26

(a)

Promptly notify in writing the Requesting Party and the Nonparty

27

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

28

confidentiality agreement with a Nonparty;
13

(PROPOSED) STIPULATED PROTECTIVE ORDER

1
2

(b)

Protective Order in this Action, the relevant discovery

3

request(s), and a reasonably specific description of the

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 11.
20

Promptly provide the Nonparty with a copy of the Stipulated

information requested; and
(c)

Make the information requested available for inspection by the
Nonparty, if requested.

10.3. Conditions of Production.
If the Nonparty fails to seek a protective order from this Court
within fourteen (14) days after receiving the notice and accompanying
information, the Receiving Party may produce the Nonparty’s
confidential information responsive to the discovery request. If the
Nonparty timely seeks a protective order, the Receiving Party shall not
produce any information in its possession or control that is subject to
the confidentiality agreement with the Nonparty before a determination
by the Court. Absent a court order to the contrary, the Nonparty shall
bear the burden and expense of seeking protection in this Court of its
Protected Material.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

21 Protected Material to any person or in any circumstance not authorized under this
22 Stipulated Protective Order, the Receiving Party immediately must (1) notify in

23 writing the Designating Party of the unauthorized disclosures, (2) use its best
24 efforts to retrieve all unauthorized copies of the Protected Material, (3) inform the

25 person or persons to whom unauthorized disclosures were made of all the terms of
26 this Stipulated Protective Order, and (4) request such person or persons to execute
27 the “Acknowledgment and Agreement to be Bound” (Exhibit A).
28 ///
14

(PROPOSED) STIPULATED PROTECTIVE ORDER

1 12.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2

PROTECTED MATERIAL

3

When a Producing Party gives notice to Receiving Parties that certain

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

MISCELLANEOUS

15

13.1. Right to Further Relief.

16
17
18
19

Nothing in this Stipulated Protective Order abridges the right of
any person to seek its modification by the Court in the future.
13.2. Right to Assert Other Objections.
By stipulating to the entry of this Stipulated Protective Order, no

20

Party waives any right it otherwise would have to object to disclosing

21

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

22

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

23

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

24

covered by this Stipulated Protective Order.

25
26

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

27

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

28

under seal pursuant to a court order authorizing the sealing of the
15

(PROPOSED) STIPULATED PROTECTIVE ORDER

1

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

2

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

3

Receiving Party may file the information in the public record unless

4

otherwise instructed by the Court.

5
6 14.

FINAL DISPOSITION

7

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

8 request by the Designating Party, each Receiving Party must return all Protected
9 Material to the Producing Party or destroy such material. As used in this
10 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
11 summaries, and any other format reproducing or capturing any of the Protected
12 Material. Whether the Protected Material is returned or destroyed, the Receiving
13 Party must submit a written certification to the Producing Party (and, if not the
14 same person or entity, to the Designating Party) by the 60-day deadline that
15 (1) identifies (by category, where appropriate) all the Protected Material that was
16 returned or destroyed and (2) affirms that the Receiving Party has not retained any
17 copies, abstracts, compilations, summaries or any other format reproducing or
18 capturing any of the Protected Material. Notwithstanding this provision, Counsel is
19 entitled to retain an archival copy of all pleadings; motion papers; trial, deposition,
20 and hearing transcripts; legal memoranda; correspondence; deposition and trial
21 exhibits; expert reports; attorney work product; and consultant and expert work
22 product, even if such materials contain Protected Material. Any such archival
23 copies that contain or constitute Protected Material remain subject to this Stipulated
24 Protective Order as set forth in Section 5.
25
26 15.

VIOLATION

27

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

28 appropriate measures including, without limitation, contempt proceedings and/or
16

(PROPOSED) STIPULATED PROTECTIVE ORDER

1 monetary sanctions.
2
3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
4
5 Dated: January 13, 2023
6
7

8 Dated: January 13, 2023
9

/s/ Matthew J. Soroky
Attorney(s) for Plaintiff(s)
/s/ Jason P. Bloom
Attorney(s) Defendant(s)

10
11 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED:
12
January 17, 2023
13 Dated: ____________________
14
15

___________________________________
Maria A. Audero
United States Magistrate Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
17

(PROPOSED) STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, __________________________[full name], of _________________________

4 _________________ [address], declare under penalty of perjury that I have read in its
5 entirety and understand the Stipulated Protective Order that was issued by the
6 United States District Court for the Central District of California on ______________
7 [date] in the case of _____________________________________________________
8 [case name and number]. I agree to comply with and to be bound by all the terms of
9 this Stipulated Protective Order, and I understand and acknowledge that failure to so
10 comply could expose me to sanctions and punishment in the nature of
11 contempt. I solemnly promise that I will not disclose in any manner any
12 information or item that is subject to this Stipulated Protective Order to any person
13 or entity except in strict compliance with the provisions of this Stipulated Protective
14 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. I hereby appoint _________________________ [full name]
19 of _________________________________________[address and telephone number]
20 as my California agent for service of process in connection with this action or any
21 proceedings related to enforcement of this Stipulated Protective Order.
22
23 Signature:

_________________________________

24 Printed Name:

_________________________________

25 Date:

_________________________________

26 City and State Where Sworn and Signed:

_________________________________

27
28
18

(PROPOSED) STIPULATED PROTECTIVE ORDER