Dryft Sciences, LLC v. Swedish Match North America, LLC

Filing 35

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner re Stipulation for Protective Order 34 . (see document for details) (hr)

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David S. Bloch (SBN: 184530)
[e-mail]
GREENBERG TRAURIG, LLP
101 Second St., Suite 2200
San Francisco, CA 94105
T: 415.590.5100 F: 415.707.2010
Colin W. Fraser (SBN: 266876)
[e-mail]
GREENBERG TRAURIG, LLP
18565 Jamboree Road, Suite 500
Irvine, CA 92612
T: 949.732.6500 F: 949.732.6501
Maura E. Miller (pro hac vice)
[e-mail]
GREENBERG TRAURIG, LLP
One Vanderbilt Avenue
New York, NY 10017
T: 212.801.9372 F: 212.801.6400
Attorneys for Plaintiff Dryft Sciences,
LLC
[additional counsel on next page]

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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DRYFT SCIENCES, LLC,

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Case No. 2:22-cv-05355-SB-MRW

Plaintiff,

Hon. Michael R. Wilner

v.

[PROPOSED] STIPULATED
PROTECTIVE ORDER

SWEDISH MATCH NORTH AMERICA
LLC,

DISCOVERY MATTER

Defendant.

‫ ܆‬Check if submitted without material
modifications to MRW form

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STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

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Donald L. Ridge (SBN: 132171)
[e-mail]
CLARK HILL LLP
555 South Flower Street 24th Floor
Los Angeles, CA 90017
T: 213.417.5117 F: 213.488.1178
Brian Byrne (SBN: 181362)
[e-mail]
Zachary Tschida (SBN: 344994)
[e-mail]
CLEARLY GOTTLIEB STEEN &
HAMILTON LLP
1841 Page Mill Road
Palo Alto, CA 94304
T: 650.815.4100
Carl Lawrence Malm (Pro Hac Vice)
[e-mail]
Joseph Allen Bruner (SBN: 332233)
[e-mail]
CLEARLY GOTTLIEB STEEN &
HAMILTON LLP
2112 Pennsylvania Avenue, NW
Washington, DC 20037
T: 202.974.1500 F: 202.974.1999
Attorneys for Defendant
Swedish Match North America, LLC

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STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

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Pursuant to Federal Rule of Civil Procedure 26(c), Plaintiff Dryft Sciences,

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LLC (“Dryft”) and Defendant Swedish Match North America LLC (“Swedish Match”)

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through their respective counsel, have stipulated to and hereby submit this proposed

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Stipulated Protective Order.

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1.

INTRODUCTION

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1.1

PURPOSES AND LIMITATIONS

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Discovery in this Action is likely to involve production of confidential, proprietary,

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or private information for which special protection from public disclosure and from use

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for any purpose other than in connection with this Action may be warranted. Accordingly,

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the Parties hereby stipulate to and petition the Court to enter the following Stipulated

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Protective Order. The Parties acknowledge that this Order does not confer blanket

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protections on all disclosures or responses to discovery and that the protection it affords

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

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entitled to confidential treatment under the applicable legal principles. The Parties

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further acknowledge this Order does not entitle them to file confidential information under

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seal. Local Civil Rule 79-5 sets forth the procedures that must be followed and the

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standards that will be applied when a Party seeks permission from the Court to file

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material under seal.

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1.2

GOOD CAUSE STATEMENT

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This Action is likely to involve sensitive patent, trade secret, customer, product

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development, sales, marketing, and pricing information, and other valuable

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research, development, commercial, financial, technical, and/or proprietary information

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within the meaning of Rule 26(c) of the Federal Rules of Civil Procedure, which must be

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protected in order to preserve legitimate business interests. Such proprietary

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materials and information, whether designated “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under this Order, consist of, among

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other things, business or financial information, information regarding business

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practices, or other research, development, or commercial information, information
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STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

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otherwise generally unavailable to the public or that may be privileged or otherwise

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

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common law.

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The Parties to this Action were or are competitors, and it is important the Parties

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are able to produce highly sensitive information on an outside counsel eyes’ only basis in

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addition to being able to produce confidential information, which may be appropriate

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for access by In-House Counsel to facilitate In-House Counsel’s ability to oversee

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the developments of this Action. The Parties believe a two-tier protective order balances

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these competing interests, while protecting the Parties’ confidential and sensitive

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information that is expected to be produced in this Action.

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Accordingly, to expedite the flow of information, to facilitate the prompt resolution

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of disputes over confidentiality of discovery materials, to adequately protect information

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the Parties are entitled to keep confidential, to ensure the Parties are permitted reasonable

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necessary uses of such material in preparation for and in the conduct of trial, to address

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

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order for such information is justified in this Action. It is the intent of the Parties that

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information will not be designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY” for tactical reasons and that nothing will be so

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designated without a good faith belief it has been maintained in a confidential, non-public

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manner, and there is good cause why it should not be part of the public record of this

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Action.

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2.

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DEFINITIONS
2.1

Action: Dryft Sciences, LLC v. Swedish Match North America LLC, 2:22-cv-

05355-SB-MRW (C.D. Cal.).
2.2

Challenging Party: a Party or Non-Party that challenges the designation of

information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: any information, document, or

thing, or portion of any document or thing, that such Party in good faith believes: (a)
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STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

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contains proprietary business information or technical information or other confidential

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research, development, or commercial information within the meaning of Federal Rule of

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Civil Procedure 26(c), (b) contains information received in confidence from Third Parties

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that contains proprietary business information or technical information relating to trade

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secrets or other confidential research, development, or commercial information of such

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Third Parties within the meaning of Federal Rule of Civil Procedure 26(c), or (c) is

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entitled to protection under Federal Rule of Civil Procedure 26(c)(1)(G).

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2.4

Counsel (without qualifier): Outside Counsel of Record (as well as their

support staff) and In-House Counsel.
2.5

Designating Party: a Party or Non-Party that designates information or items

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that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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2.6

Disclosure or Discovery Material: all items or information, regardless of the

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medium or manner in which it is generated, stored, or maintained (including, among other

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things, testimony, transcripts, and tangible things), that are produced or generated in

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disclosures or responses to discovery in this Action.

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2.7

Expert: a person with specialized knowledge or experience in a matter

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pertinent to this Action who (1) has been retained by a Party or its Counsel to serve as an

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expert witness or as a consultant in this Action, (2) is not a past or current employee of a

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Party, and (3) at the time of retention, is not anticipated to become an employee of a Party

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or a Party’s competitor.

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2.8

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information

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or Items: material that contains competitive business or financial information, the

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disclosure of which is highly likely to cause significant harm to an individual or to the

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business or competitive position of the Designating Party. HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY information and items may include, but are not limited to,

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sensitive research materials, development and strategic plans, scientific research,

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customers, pricing and sales information, trade secrets, technical information, technical
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STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

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practices, method, or other know-how, pending but unpublished patent applications,

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pricing data, financial data, sales information, customer-confidential information,

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agreements or relationships with Third Parties, market projections or forecasts, strategic

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business plans, selling or marketing strategies, new product development, testing,

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manufacturing costs, or information regarding employees. A two-tiered designation

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system is necessary in this Action because (1) the Parties contemplate allowing In-House

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Counsel access to certain information and (2) the Parties contemplate production of

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sensitive commercial information in addition to sensitive trade secret and other

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information related to Parties’ intellectual property.

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2.9

In-House Counsel: attorneys who are employees of a Party to this Action. In-

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

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2.10 Non-Party: any natural person, partnership, corporation, association, or other

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legal entity not named as a Party to this Action.
2.11 Outside Counsel of Record: attorneys who are not employees of a Party to

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this Action but are (i) retained to represent or advise a Party to this Action and have

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appeared in this Action on behalf of that Party or are affiliated with a law firm that has

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appeared on behalf of that Party, and includes support staff, or (ii) retained to represent or

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advise a Party to the Underlying Litigations and have appeared in the Underlying

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Litigations on behalf of that Party or are affiliated with a law firm that has appeared on

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behalf of that Party, and includes support staff.

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

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

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support staffs).

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2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Material in this Action.
2.14 Professional Vendor: persons or entities that provide litigation support
services (e.g., stenographers, photocopying, videotaping, interpreting and translating,

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STIPULATED PROTECTIVE ORDER

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exhibit and demonstrative preparation, and organizing, storing, or retrieving data in any

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form or medium) and their employees and subcontractors.
2.15 Protected Material: any Disclosure or Discovery Material that is designated

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

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ONLY.”
2.16 Receiving Party: a Party that receives Disclosure or Discovery Material from

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a Producing Party.
2.17 Underlying Litigations: Pinkerton Tobacco Co., LP et al. v. Art Factory AB

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et al., 2:20-cv-01322-SB-MRW (C.D. Cal.); Pinkerton Tobacco Co., LP v. Kretek Int’l,

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Inc., No. 22-1454 (Fed Cir. Feb. 8, 2022); Nicotine Pouches and Components Thereof and

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Methods of Making the Same, Inv. No. 337-TA-1192; and Pinkerton Tobacco Co., LP et

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al. v. Kretek Int’l, Inc. et al., No. 2:20-cv-08729-PA-GJS (C.D. Cal.), previously No.

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4:20-CV-24-JHM (W.D. Ky.).

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only Protected

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

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Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

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Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel

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that might reveal Protected Material. However, the protections conferred by this Order do

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not cover the following information: (a) any information that is in the public domain at

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the time of disclosure to a Receiving Party or becomes part of the public domain after its

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disclosure to a Receiving Party as a result of publication not involving a violation of this

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Order, including becoming a part of the public record in this Action; and (b) any

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information known to the Receiving Party prior to the disclosure or obtained by the

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Receiving Party after the disclosure from a source who obtained the information lawfully

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and under no obligation of confidentiality to the Designating Party.

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Any use of Protected Material at trial will be governed by a separate agreement or
order. This Order does not govern the use of Protected Material at trial.
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STIPULATED PROTECTIVE ORDER

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4.

DURATION

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The terms and conditions of this Order shall govern the handling of documents,

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depositions, pleadings, exhibits, and all other information exchanged by the Parties in this

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Action or provided by or obtained from Non-Parties in this Action. This Order shall apply

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regardless of whether such information was produced prior to or after entry of this Order.

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Even after final disposition of this Action, the confidentiality obligations imposed

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by this Order will remain in effect until a Designating Party agrees otherwise in writing

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or a court order otherwise directs. Final disposition will be deemed to be the later of (1)

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dismissal of all claims and defenses in this Action, with or without prejudice; and (2) final

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

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

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applications for extension of time pursuant to applicable law.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. The

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Producing Party’s designation of information as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” means that such Party believes in

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good faith, upon reasonable inquiry, that the information qualifies as such. Each Party or

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Non-Party that designates information or items for protection under this Order must take

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care to limit any such designation to specific material that qualifies under the appropriate

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standards. The Designating Party must designate for protection only those parts of

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material, documents, items, or oral or written communications that qualify so that other

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portions of the material, documents, items, or communications for which protection is not

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warranted are not swept unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations that

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are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,

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to unnecessarily encumber the case development process or to impose unnecessary

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expenses and burdens on other Parties) may expose the Designating Party to sanctions.

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STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

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Notwithstanding the provision above, a Designating Party using Technology-

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Assisted Review (“TAR”) in accordance with the Order Regarding The Production of

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Documents and Electronically Stored Information, may bulk designate documents

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identified as responsive using TAR as “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY.”

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A Party who has designated information as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may withdraw the designation by (a)

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written notification to all Parties in the above-captioned action and (b) reproducing the

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information with the proper designation (or with no designation).

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5.2

Manner and Timing of Designations. Except as otherwise provided in this

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Order, 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 material

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is disclosed or produced.

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Designation in conformity with this Order requires:

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(a)

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

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excluding transcripts of depositions or other pretrial or trial proceedings), that the

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

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains protected

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material.

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

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not designate them for protection until after the inspecting Party has indicated which

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documents it would like copied and produced. During the inspection and before the

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designation, all of the material made available for inspection will be deemed

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“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

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copied and produced, the Producing Party must determine which documents, or portions

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thereof, qualify for protection under this Order. Then, before producing the specified

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documents, the Producing Party must affix the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains Protected
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STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

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Material. If only a portion or portions of the material on a page qualifies for protection,

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the Producing 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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(b)

for testimony given in deposition or in other pretrial or trial proceedings, that

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the Designating Party identify on the record, before the close of the deposition, hearing, or

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other proceeding, all protected testimony and specify the level of protection being

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asserted. When it is 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 testimony may qualify

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for protection, the Designating Party may invoke on the record a right to have up to 30

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calendar days after receiving the transcript to identify the specific portions of the

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testimony as to which protection is sought and to specify the level of protection being

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asserted. Only those portions of the testimony that are appropriately designated for

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protection within 30 calendar days after receiving the transcript shall be covered by the

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provisions of this Order. Alternatively, a Designating Party may specify, at the deposition

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or up to 30 calendar days after receiving the transcript if that period is properly invoked,

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that the entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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The use of a document as an exhibit at a deposition shall not in any way affect its

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

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EYES ONLY.”

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Transcripts containing Protected Material shall have an obvious legend on the title

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page that the transcript contains Protected Material, and the title page shall be followed by

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a list of all pages (including line numbers as appropriate) that have been designated as

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Protected Material and the level of protection being asserted by the Designating Party.

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

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transcript that is prepared before the expiration of a 30-day period for designation shall be

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treated during that period as if it has been designated “HIGHLY CONFIDENTIAL –

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STIPULATED PROTECTIVE ORDER

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ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After expiration of

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that period, the transcript will be treated only as actually designated.

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(c)

for information produced in some form other than documentary and for any

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

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If

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only a portion or portions of the information warrants protection, the Producing Party, to

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the extent practicable, will identify the protected portion(s) and specify the level of

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protection being asserted.

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(d)

information and documents exchanged in Certain Nicotine Pouches and

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Components Thereof and Methods of Making the Same, ITC Investigation No. 337-TA-

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1192, that were designated “Confidential Business Information - Subject to Protective

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Order” and reproduced in this Action shall be treated as “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY.”

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(e)

in the case of interrogatory answers and the information contained therein,

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designation shall be made by marking the first page and all subsequent pages containing

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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information with the appropriate legend.

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5.3

Inadvertent Failures to Designate. A Producing Party’s failure to designate a

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document, thing, or testimony as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” does not constitute forfeiture of a

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claim of confidentiality as to that material or any other document, thing, or testimony. The

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Producing Party may subsequently inform the Receiving Party of the “CONFIDENTIAL”

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or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” nature of the disclosed

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information, and the Receiving Party shall treat the disclosed information as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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upon receipt of written notice from the Producing Party. The Receiving Party shall not be

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held liable to the Producing Party for having previously disclosed such re-designated
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information, but shall undertake reasonable efforts to ensure that the material is treated in

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accordance with the provisions of this Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Nothing in this Order shall prevent a Receiving Party

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from contending that any or all documents or information designated as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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have been improperly designated. A Receiving Party may at any time request that the

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Producing Party cancel or modify the confidentiality designation with respect to any

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document or information contained therein.

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A Party shall not be obligated to challenge the propriety of any “CONFIDENTIAL”

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or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation at the time

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made, and a failure to do so shall not preclude a subsequent challenge thereto. The Parties

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shall use their best efforts to promptly and informally resolve such disputes. If agreement

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cannot be reached, the Receiving Party may request that the Court revoke or modify the

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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designation. The Party or Parties producing the designated documents shall have the

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burden of establishing that the disputed documents are entitled to the designated

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treatment. Until such a dispute is resolved, either by the Parties or by direction of the

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Court, the Receiving Party shall continue to treat the information at issue consistent with

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its current confidentiality designation under this Order. A Party’s failure to contest a

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designation of information as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” is not an admission that the information was properly

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designated as such.

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6.2

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

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process (and, if necessary, file a discovery motion) under Local Rule 37-1 et seq. by

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providing written notice of each designation it is challenging and describing the basis for

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each challenge. To avoid ambiguity as to whether a challenge has been made, the written

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notice must recite that the challenge to confidentiality is being made in accordance with
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this specific paragraph of the Order. The Parties shall attempt to resolve each challenge in

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good faith and must begin the process by confirming directly (in voice to voice dialogue;

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other forms of communication are not sufficient) within 14 calendar days of the date of

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service of notice. In conferring, the Challenging Party must explain the basis for its belief

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that the confidentiality designation was not proper and must give the Designating Party an

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opportunity to review the designated material, to reconsider the circumstances, and, if no

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change in designation is offered, to explain the basis for the chosen designation. A

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Challenging Party may proceed to the next stage of the challenge process only if it has

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engaged in this meet and confer process first or establishes the Designating Party is

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unwilling to participate in the meet and confer process in a timely manner.
6.3

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Judicial Intervention. If the Parties cannot resolve a challenge without court

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intervention after conducting a meet-and-confer in compliance with Local Rule 37-1, the

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Parties must submit a joint stipulation setting forth the issues, as required by Local Rule

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37-2, within 21 calendar days of the initial notice of challenge or within 14 calendar days

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of the Parties agreeing that the meet-and-confer process will not resolve their dispute,

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whichever is earlier. Under Local Rule 37-2, each written stipulation must be filed and

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served with the notice of the motion.
The burden of persuasion in any such challenge proceeding will be on the

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Designating Party. Frivolous challenges, and those made for an improper purpose (e.g. to

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harass or impose unnecessary expenses and burdens on other Parties) may expose the

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Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the

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confidentiality designation, all Parties will continue to afford the material in question the

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

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Court rules on the challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is

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

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only for prosecuting, defending, or attempting to settle this Action. Specifically, all
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Protected Material shall be used solely for this case or any related appellate proceeding,

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and not for any other purpose whatsoever, including, for example, but not limited to (a)

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any business, proprietary, or commercial purpose, (b) any governmental or other legal

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purpose, including in connection with any other litigation, proceeding, arbitration, or

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claim, absent the consent of the Producing Party or a court order, (c) use in connection

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with the prosecution of patent applications, including in connection with the prosecution

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of patent applications relating to the subject matter of this Action, (d) use in connection

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with any communications with the U.S. Food and Drug Administration, and/or (e) use in

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connection with any formulation, scientific research, development, or manufacturing

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activities concerning the subject matter of this Action.
Notwithstanding the foregoing, the Receiving Party’s Outside Counsel that is

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permitted to receive and does receive “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information may be involved in

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domestic or foreign post- grant patent prosecution (e.g., inter partes review,

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reexamination, nullity proceedings, etc.)

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

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conditions described in this Order. When the Action has been terminated, a Receiving

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Party must comply with the provisions of Section 13, below. It is, however, understood

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that Counsel for a Party may give advice and opinions to his or her client solely relating

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to the above-captioned Action and any appeal therefrom based on his or her evaluation of

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

22

material, provided such advice and opinions shall not reveal the content of such Protected

23

Material, except by prior written agreement of Counsel for the Parties or by Order of the

24

Court. Nothing in this Discovery Confidentiality Order precludes a Producing Party from

25

using or disseminating its own Protected Material.

26

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

27

and in a secure manner that ensures that access is limited to the persons authorized under

28

this Order.
14
STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

1

Nothing in this Order shall prevent a Party or Third Party from redacting from

2

documents or things, which otherwise contain relevant, discoverable information, any

3

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

4

information that is irrelevant to this Action or otherwise not discoverable pursuant to

5

FEDERAL RULE OF CIVIL PROCEDURE 26(b). Further, nothing in this Order shall

6

prevent a Party or Third Party from redacting from documents or things any information

7

that is protected under The Health Insurance Portability and Accountability Act of 1996

8

(HIPAA).

9

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

10

ordered by the Court or permitted in writing by the Designating Party, a Receiving Party

11

may disclose any information or item designated “CONFIDENTIAL” only to:

12

(a)

the Receiving Party’s Outside Counsel of Record, as well as support staff of

13

said Outside Counsel of Record to whom it is reasonably necessary to disclose the

14

information for this Action;

15

(b)

Experts (as defined in this Order) of the Receiving Party, as well as the

16

Expert’s staff, (1) to whom it is reasonably necessary to disclose the information for

17

this Action, (2) who have signed the “Acknowledgment and Agreement to Be Bound”

18

(Exhibit A), and (3) to whom the procedure set forth in Section 7.4(a), below, have been

19

followed;

20

(c)

the Court and its personnel;

21

(d)

court reporters and their staff;

22

(e)

professional jury or trial consultants, mock jurors, and Professional Vendors

23

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

24

“Acknowledgment and Agreement to Be Bound” (Exhibit A), but no “CONFIDENTIAL”

25

or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information shall be

26

permitted to remain in the possession of any mock juror;

27
28

(f)

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

custodian or other person who otherwise possessed or knew the information.
15
STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

1

(g)

any deponent, during the course of preparing for a deposition or testimony, or

2

during the course of a deposition or testimony, may be shown or examined on any

3

information, document, or thing designated “CONFIDENTIAL” if it appears the witness

4

authored or received a copy of it in the ordinary course of business, was involved in the

5

subject matter described therein or is employed by the Producing Party, or if the Producing

6

Party consents to such disclosure. A deponent who is an officer, director, employee, or

7

witness designated pursuant to Federal Rule of Civil Procedure 30(b)(6) of a

8

Producing Party may be shown “CONFIDENTIAL” material of the Producing Party

9

of which he or she is an officer, director, employee, or witness designated pursuant to

10
11

Federal Rule of Civil Procedure 30(b)(6); and
(h)

any mediator or settlement officer, and their supporting personnel,

12

mutually agreed upon by any of the Parties engaged in settlement discussions and who

13

has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).

14

(i)

any other person with the prior written consent of the Producing Party.

15

(j)

up to two designated In-House Counsel of the Receiving Party who either

16

have responsibility for making decisions dealing directly with the litigation of this Action,

17

or who are assisting outside counsel in the litigation of this Action, and to whom the

18

procedures set forth in Section 7.4(b), below, have been followed Confidential

19

information may be disclosed to In-House Counsel for the sole purpose of assisting in this

20

Action.

21

It is expressly understood between the Parties that the number of such persons may

22

be increased by unanimous, written agreement of the Parties to this Action without leave

23

of the Court, or upon a showing, subject to the approval of the Court, by either Party that

24

such modification is necessary. It is further agreed that a Party may make a substitution

25

for any such persons upon a showing of good cause, and any other Party shall have five

26

(5) business days to object. No Party shall be allowed to use the right of substitution to

27

circumvent the limits on the number of In-House Counsel allowed to receive

28

“CONFIDENTIAL” information. The burden of proof shall rest on the objecting Party.
16
STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

1

7.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

2

Information or Items. Unless otherwise ordered by the Court or permitted in writing by

3

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

4

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

5

(a)

the Receiving Party’s Outside Counsel of Record, as well as support staff of

6

said Outside Counsel o f R e c o r d to whom it is reasonably necessary to disclose the

7

information for this Action;

8

(b)

Experts (as defined in this Order) of the Receiving Party (1) to whom

9

disclosure is reasonably necessary for this Action, (2) who are not employed

10

by, consultants to, or otherwise affiliated with a Party (except solely as experts (consulting

11

or testifying) in connection with this, or other, litigation), (3) who have signed

12

the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (4) to whom

13

the procedure set forth in Section 7.4(a), below, have been followed;

14

(c)

the Court and its personnel;

15

(d)

court reporters and their staff;

16

(e)

professional jury or trial consultants, mock jurors, and Professional Vendors

17

to whom disclosure is reasonably necessary for this Action and who have

18

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), but no

19

“CONFIDENTIAL” or “ HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

20

information shall be permitted to remain in the possession of any mock juror;

21
22
23

(f)

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

custodian or other person who otherwise possess or knew the information;
(g)

any deponent, during the course of preparing for a deposition or testimony,

24

or during the course of a deposition or testimony, may be shown or examined on any

25

information, document, or thing designated “HIGHLY CONFIDENTIAL – ATTORNEYS’

26

EYES ONLY” if it appears the witness authored or received a copy of it in the ordinary

27

course of business, was involved in the subject matter described therein or is employed by

28

the Producing Party, or if the Producing Party consents to such disclosure. A deponent
17
STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

1

who is an officer, director, employee, or witness designated pursuant to Federal Rule

2

of Civil Procedure 30(b)(6) of a Producing Party may be shown “HIGHLY

3

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” material of the Producing Party of

4

which he or she is an officer, director, employee, or witness designated pursuant to Federal

5

Rule of Civil Procedure 30(b)(6);

6

(h)

any mediator or settlement officer, and their supporting personnel,

7

mutually agreed upon by any of the Parties engaged in settlement discussions and who

8

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

9

(i)

any other person with the prior written consent of the Producing Party.

10

7.4

Procedures for Approving or Objecting to Disclosure of “CONFIDENTIAL”

11

or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to

12

Experts or In-House Counsel.

13

(a)

Unless otherwise ordered by the Court or otherwise agreed to in writing by

14

the Designating Party, a Party that seeks to disclose to an Expert information that has been

15

designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

16

ONLY” must first make a written request to the Designating Party that (1) sets forth the

17

full name of the Expert, (2) attaches a copy of the Expert’s current resume, (3) identifies

18

the Expert’s current employer(s), (4) identifies (by name and location of court) any

19

litigation in connection with which the Expert has offered testimony, including through a

20

declaration, report, or testimony at a deposition or trial, during the preceding four years,

21

including identification of the parties represented in each case, and (5) any previous or

22

current relationship with any of the parties (excluding confidential non-testifying litigation

23

consulting, the existence of which is protected by attorney work product immunity);

24

(b)

Unless otherwise ordered by the Court or otherwise agreed to in writing by

25

the Designating Party, a Party that seeks to disclose to an In-House Counsel information

26

that has been designated “CONFIDENTIAL” must first make a written request to the

27

Designating Party that (1) sets forth the full name of the In-House Counsel, (2) identifies

28

the In-House Counsel’s job title and provides a general description of the In-House
18
STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

1

Counsel’s duties, (3) provides a list of the In-House Counsel’s employers for the last ten

2

(10) years, and (4) attaches a copy of the signed “Acknowledgment and Agreement to Be

3

Bound” (Exhibit A);
(c)

4

A Party that makes a request and provides the information specified in

5

Section 7.4(a) and/or 7.4(b) may disclose the Protected Material to the identified Expert

6

or In-House Counsel unless, within ten (10) calendar days of delivering the request, the

7

Party receives a written objection from the Designating Party. Any such objection must

8

set forth in detail the grounds on which it is based.
(d)

9

A Party that receives a timely written objection shall respond in writing to

10

such objection within ten (10) calendar days, and shall state with particularity the grounds

11

for designating the individual. If no timely written response is made to the objection, the

12

challenged designation will be deemed to be void. If the Designating Party or Third Party

13

makes a timely response to such objection, Counsel shall meet and confer with the

14

Designating Party (through direct voice to voice dialogue) to try to resolve the matter by

15

agreement within seven calendar days of the written objection. If no agreement is reached,

16

the Party seeking to make the disclosure to the Expert or In-House Counsel may file a

17

motion as provided by Local Rule 7 seeking permission from the Court to do so. Protected

18

Material may not be disclosed to the Expert or In-House Counsel until the dispute is

19

resolved.

20

In any such proceeding, the Party opposing the disclosure shall bear the burden of

21

proving the risk of harm that the disclosure would entail outweighs the Receiving Party’s

22

need to disclose the Protected Material to its Expert or In-House Counsel.

23

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

24

OTHER LITIGATION

25

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

26

compels disclosure of any information or items designated in this Action as

27

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,”

28

that Party must:
19
STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

(a)

1
2

promptly notify in writing the Designating Party. Such notification will

include a copy of the subpoena or court order;
(b)

3

promptly notify in writing the entity who caused the subpoena or order to

4

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

5

order is subject to this Protective Order. Such notification will include a copy of this

6

Stipulated Protective Order; and
(c)

7
8

cooperate with respect to all reasonable procedures sought to be pursued by

the Designating Party whose Protected Material may be affected.

9

If the Designating Party seeks a protective order within 30 business days of

10

receiving written notice, the Party served with the subpoena or court order will not produce

11

any information designated in this Action as “CONFIDENTIAL” or “HIGHLY

12

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by the court

13

from which the subpoena or order issued, unless the Party has obtained the Designating

14

Party’s permission. The Designating Party will bear the burden and expense of seeking

15

protection in that court of its confidential material. If the Designating Party does not move

16

for a protective order within 30 business days of receiving written notice, the Party served

17

with the subpoena or court order may produce the requested material.
Nothing in these provisions should be construed as authorizing or encouraging a

18
19

Receiving Party in this Action to disobey a lawful directive from another court.

20

9.

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

21

THIS ACTION

22

(a)

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

23

Party to this Action and designated as “CONFIDENTIAL” or “HIGHLY

24

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by Non-

25

Parties in connection with this Action is protected by the remedies and relief provided by

26

this Order. Nothing in these provisions should be construed as prohibiting a Non-Party

27

from seeking additional protections.

28

20
STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

(b)

1

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

2

Non-Party’s confidential information in its possession, and the Party is subject to an

3

agreement with the Non-Party not to produce the Non-Party’s confidential information,

4

while complying with any other Notice obligations that may apply, then the Party will:
(1)

5

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

6

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

7

Non-Party;
(2)

8
9
10

Protective Order in this Action, the relevant discovery request(s), and a reasonably specific
description of the information requested; and
(3)

11
12

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

make the information requested available for inspection by the Non-

Party.
(c)

13

If the Non-Party fails to object or seek a protective order from this Court

14

within 14 business days of receiving the notice and accompanying information, the

15

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

16

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

17

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

18

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

19

court order to the contrary, the Non-Party will bear the burden and expense of seeking

20

protection in this Court of its Protected Material.

21

10.

22

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

23

Protected Material to any person or in any circumstance not authorized under this

24

Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

25

the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all

26

unauthorized copies of the Protected Material and ensure that no further or greater

27

unauthorized disclosure and/or use thereof occurs, (c) inform the person or persons to

28

whom unauthorized disclosures were made of all of the terms of this Order, and (d)
21
STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

1

request such person(s) to execute the “Acknowledgment and Agreement to Be Bound”

2

that is attached hereto as Exhibit A.

3

11.

INADVERTANT PRODUCTION OF PRIVILEGED OR OTHERWISE

4

PROTECTED MATERIAL

5

To the extent consistent with applicable law, the inadvertent or unintentional

6

disclosure of Protected Material that should have been designated as such, regardless of

7

whether the material was so designated at the time of disclosure, shall not be deemed a

8

waiver in whole or in part of a Party’s claim of confidentiality, either as to the specific

9

material or as to any other material or information concerning the same or related subject

10

matter. Such inadvertent or unintentional disclosure may be rectified by notifying in

11

writing Counsel for all Parties to whom the material was disclosed that the material should

12

have been designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

13

ATTORNEYS’ EYES ONLY” within a reasonable time after disclosure. Such notice shall

14

constitute a designation of the information, document, or thing as “CONFIDENTIAL” or

15

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under this Order.

16

The inadvertent production of documents subject to attorney-client privilege or

17

work product immunity will not waive attorney-client privilege or work product

18

immunity. In addition, the fact a document was inadvertently produced shall not be used

19

in any manner as evidence in support of any such alleged waiver of attorney-client

20

privilege or work product immunity.

21

If a Party has inadvertently produced a document it believes in good-faith is subject

22

to a claim of attorney-client privilege or work product immunity, the Producing Party shall

23

make a representation in writing that such documents may be subject to the attorney-client

24

privilege or work product doctrine. Any such claim by the Producing Party shall be made

25

with sufficient information to meet the requirements of Federal Rule of Civil Procedure

26

26(b)(5)(A), including the information subject to the claim, the author, date, address of

27

recipient of the document (if applicable), the claim of privilege or protection being

28

asserted, and the basis for that claim of privilege or protection. If a Party has inadvertently
22
STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

1

produced a document subject to a claim of attorney-client privilege or work product

2

immunity, upon request, the document and all copies thereof shall be destroyed or returned

3

promptly, and in no event later than five calendar days after a request is made by the

4

Producing Party in accordance with Rule 26(b)(5)(B). Moreover, any notes or summaries,

5

other than those expressly permitted under this section, referring to or relating to any such

6

inadvertently produced document subject to a claim of attorney-client privilege or work

7

product immunity shall be destroyed. Nothing herein shall prevent the Receiving Party

8

from preparing a record for its own use containing the date, author, address(es), and such

9

other information as is reasonably necessary to identify the document and generally

10

describe its nature to the Court in any motion to compel production of the document. Such a

11

record of the identity and nature of the document may not be used for any purpose other

12

than for preparing and supporting a motion to compel production of that document in this

13

Action. After the return of the document(s), the Receiving Party may challenge the

14

Producing Party’s claim(s) of attorney-client privilege or work product immunity by

15

making a motion to the Court.

16

Nothing in this Order shall require disclosure of material that a Party contends is

17

protected from disclosure by attorney-client privilege, attorney work-product immunity,

18

or any other applicable form of immunity. This shall not preclude any Party from moving

19

the Court for an order to disclose such material.

20

12.

21

MISCELLANEOUS
12.1 Unique Identifier. To avoid any confusion and ensure there is no inadvertent

22

use of “CONFIDENTIAL” information or “HIGHLY CONFIDENTIAL –

23

ATTORNEYS’ EYES ONLY” information produced in this Action in any related action,

24

the Parties agree to use a unique Bates stamp (e.g., “-AT”) for documents produced in

25

this Action so that they can be readily identified and distinguished from documents

26

production in any related action.

27
28

12.2 Discovery Rules Remain Unchanged. Nothing herein shall alter or change in
any way the discovery provisions of the FEDERAL RULES OF CIVIL PROCEDURE,
23
STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

1

the Local Rules of Civil Practice and Procedure of the United States District Court for the

2

Central District of California, or the Court’s Scheduling Order. Identification of any

3

individual pursuant to this Order does not make that individual available for deposition or

4

any other form of discovery outside of the restrictions and procedures of the FEDERAL

5

RULES OF CIVIL PROCEDURE, the Local Rules of Civil Practice and Procedure of the

6

United States District Court for the Central District of California, or the Court’s

7

Scheduling Order. Nothing in this Order shall be construed to require a party to produce

8

or disclose information not otherwise required to be produced under the applicable rules

9

or orders of this Court.

10
11

12.3 Right to Further Relief. Nothing in this Order abridges the right of any person
to seek its modification by the Court in the future.

12

12.4 Right to Assert Other Objections. By stipulating to the entry of this Protective

13

Order, no Party waives any right it otherwise would have to object to disclosing or

14

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

15

Protective Order. Similarly, no Party waives any right to object on any ground to use in

16

evidence of any of the material covered by this Protective Order. Nothing in this Order

17

shall be deemed to bar or preclude any producing Party from seeking such additional

18

protection, including, without limitation, an order that certain information may not be

19

discovered at all.

20

12.5 Filing Protected Material. Without written permission from the Designating

21

Party or a court order secured after appropriate notice to all interested persons, a Party

22

may not file in the public record in this Action any Protected Material. In order to file

23

Protected Material, Parties must do one of the following: (1) with the consent of the

24

Designating Party, file only a redacted copy of the Protected Material; (2) where

25

appropriate (e.g., in connection with discovery and evidentiary motions) provide the

26

Protected Material solely for in camera review; or (3) file such Protected Material under

27

seal with the Court consistent with the sealing requirements set forth in Local Rule 79-5.

28

If the Party’s request to file Protected Material under seal is denied by the Court with
24
STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

1

prejudice, then the Receiving Party may file the information in the public record unless

2

otherwise instructed by the Court.

3

If a Party files Protected Material without a motion to seal, the Designating Party or

4

any Party to this action may move that the Court place the designated materials under seal.

5

The Clerk of the Court is directed to comply with any such request until such time as the

6

motion is decided.

7

12.6 Entering into, producing and/or receiving “CONFIDENTIAL” information

8

or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information or

9

otherwise complying with the terms of this Order shall not:

10

(a)

operate as an admission by any Party that any material designated as

11

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

12

contains or reflects trade secrets or any other type of confidential or proprietary

13

information entitled to protection under applicable law;

14

(b)

prejudice in any way the rights of any Party to object to the production of

15

documents, electronically stored information and things it considers not subject to

16

discovery, or operate as an admission by any Party that the restrictions and procedures set

17

forth herein constitute adequate protection for any particular information deemed by any

18

Party to be “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

19

ONLY” information;

20

(c)

prejudice in any way the rights of any Party to object to the authenticity or

21

admissibility into evidence of any document, testimony or the evidence subject to this

22

Order;

23

(d)

prejudice in any way the rights of any Party to seek a determination by the

24

Court whether any discovery material or designated material should be subject to the

25

terms of this Order;

26

(e)

prejudice in any way the rights of any Party to petition the Court for a further

27

protective order related to any purportedly “CONFIDENTIAL” or “HIGHLY

28

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information;
25
STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

(f)

1

prejudice in any way the rights of any Party to petition the Court for

2

permission to disclose or use particular “CONFIDENTIAL” or “HIGHLY

3

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information more broadly than would

4

otherwise be permitted by the terms of this Order; or
(g)

5

prevent any Party from agreeing to alter or waive the provisions or

6

protections provided for herein with respect to any particular discovery material

7

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

8

EYES ONLY” information by that Party.

9

13.

FINAL DISPOSITION

10

Within 60 calendar days of termination of the Action, as defined in Section 4, each

11

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

12

material. As used in this subdivision, “all Protected Material” includes all copies,

13

abstracts, compilations, summaries, and any other format reproducing or capturing any of

14

the Protected Material. Whether the Protected Material is returned or destroyed, the

15

Receiving Party must submit a written certification to the Producing Party (and, if not the

16

same person or entity, to the Designating Party) by the 60-day deadline that (1) identifies

17

(by category, where appropriate) all Protected Material that was returned or destroyed and

18

(2) affirms that the Receiving Party has not retained any copies, abstracts, compilations,

19

summaries, or any other format reproducing or capturing any of the Protected Material.

20

Notwithstanding this provision, Counsel are entitled to retain, for archival purposes,

21

subject to the provisions of this Order, complete copies of, and copies of all exhibits to, all

22

transcripts, pleading papers filed with the Court, motions and any responses and replies,

23

expert reports, discovery requests and responses, correspondence, and their own work

24

product, and consultant and expert work product, even if such materials contain Protected

25

Material. Any such archival copies that contain or constitute Protected Material remain

26

subject to this Protective Order as set forth in Section 4.

27
28

To the extent a Party requests the return of Protected Material from the Court after
the termination of the Action, the Party shall file a motion seeking such relief.
26
STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

1
2

14.

VIOLATION
Any willful violation of this Order may be punished by civil or criminal contempt

3

proceedings, financial or evidentiary sanctions, reference to disciplinary authorities, or

4

other appropriate action at the discretion of the Court.

5

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

6
7

DATED: November 17, 2022

8

GREENBERG TRAURIG, LLP
By:

9

/s/ David S. Bloch

David S. Bloch (SBN: 184530)
[e-mail]
GREENBERG TRAURIG, LLP
101 Second St., Suite 2200
San Francisco, CA 94105
T: 415.590.5100 F: 415.707.2010

10
11
12
13

Colin W. Fraser (SBN: 266876)
[e-mail]
GREENBERG TRAURIG, LLP
18565 Jamboree Road, Suite 500
Irvine, CA 92612
T: 949.732.6500 F: 949.732.6501

14
15
16
17
18

Maura E. Miller (pro hac vice)
[e-mail]
GREENBERG TRAURIG, LLP
One Vanderbilt Avenue
New York, NY 10017
T: 212.801.9372 F: 212.801.6400

19
20
21
22

Attorneys for Plaintiff Dryft Sciences, LLC

23
24
25
26
27
28

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STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

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DATED: November 17, 2022

CLARK HILL LLP
By:

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/s/ Donald L. Ridge

Donald L. Ridge (SBN: 132171)
[e-mail]
CLARK HILL LLP
555 South Flower Street 24th Floor
Los Angeles, CA 90017
T: 213.417.5117 F: 213.488.1178

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Brian Byrne (State Bar No. 181362)
Zachary Tschida (State Bar No. 344994)
[e-mail]
[e-mail]
CLEARY GOTTLIEB STEEN &
HAMILTON LLP
1841 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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C. Lawrence Malm (pro hac vice)
Joseph Bruner (State Bar No. 332233)
[e-mail]
[e-mail]
CLEARY GOTTLIEB STEEN &
HAMILTON LLP
2112 Pennsylvania Ave., NW
Washington, DC 20037
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
Swedish Match North America, LLC

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STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

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SIGNATURE ATTESTATION PURSUANT TO L.R. 5-4.3.4(a)(2)(i)

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Pursuant to Local Civil Rule 5-4.3.4(a)(2)(i), I hereby attest that the other

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signatories listed, and on whose behalf the filing is submitted, concur in the filing’s

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content and have authorized this filing

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DATED: November 17, 2022

GREENBERG TRAURIG, LLP

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By:

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David S. Bloch (SBN: 184530)
[e-mail]
GREENBERG TRAURIG, LLP
101 Second St., Suite 2200
San Francisco, CA 94105
T: 415.590.5100 F: 415.707.2010

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/s/ David S. Bloch

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Attorneys for Plaintiff Dryft Sciences, LLC

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IT IS SO ORDERED.

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Dated: _______________
11/18/2022

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_______________
__________
__________________________
HONORABLE MICHAEL R. WILNER
UNITED STATES MAGISTRATE JUDGE

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Presented by:

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/s/David S. Bloch

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David S. Bloch

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Attorneys for Plaintiff Dryft Sciences, LLC

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STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW

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EXHIBIT A

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ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
I,

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[full name], of

[full

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address], declare under penalty of perjury that I have read in its entirety and understand

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the Stipulated Protective Order that was issued by the United States District Court for the

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Central District of California on [date] in the case of

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name and number]. I agree to comply with and to be bound by all the terms of this

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Stipulated Protective Order and I understand and acknowledge that failure to so comply

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could expose me to sanctions and punishment in the nature of contempt. I solemnly

[insert case

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promise that I will not disclose in any manner any information or item that is subject to

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

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the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for

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

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Protective Order, even if such enforcement proceedings occur after termination of this

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action. I hereby appoint

[full name] of _

[full address and telephone number] as my California agent for

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service of process in connection with this action or any proceedings related to

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enforcement of this Stipulated Protective Order.

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Date:

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City and State where signed:

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Printed name:

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Signature:

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STIPULATED PROTECTIVE ORDER

CASE NO. 2:22-CV-5355-SB-MRW