Legendary Foods, LLC v. Simply Good Foods USA, Inc. et al

Filing 47

STIPULATED PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order 46 . [See Order for details.] (san)

1
2
3
4
5
6
7
8

LAURA BURSON (S.B. #204459)
[e-mail]
O’MELVENY & MYERS LLP
400 South Hope Street, 18th Floor
Los Angeles, CA 90071-2899
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and Counterclaim-Defendant
Legendary Foods, LLC, and Counterclaim-Defendants
Ronald Penna, Richie Fiene, Chris Van de Polder,
Anthony Valenzuela, and Roberto Montano
[Additional Counsel on Next Page]

9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11
12
13

LEGENDARY FOODS, LLC, a
California limited liability company,

16
17
18

v.
SIMPLY GOOD FOODS USA,
INC., a Delaware corporation,
QUEST NUTRITION, LLC, a
Delaware limited liability company,
and DOES 1-20
Defendant.

19
20

STIPULATED PROTECTIVE ORDER

Plaintiff,

14
15

Case No. 2:24-cv-06337-GW-KS

22

SIMPLY GOOD FOODS USA, INC., a New
York corporation,
QUEST NUTRITION, LLC, a Delaware limited
liability company,

23

Counterclaim-Plaintiffs,

24

v.

25

LEGENDARY FOODS, LLC, a California
limited liability company, AYCE SNACKING
COMPANY, LLC, a California limited liability
company, RICHIE FIENE, an individual,
ZACH KAZARIAN, an individual, KYLE
KAZARIAN, an individual, JAKE JESSA, an
individual, CHRIS QUEMENA, an individual,

21

26
27
28

1

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1
3

CHRIS VAN DE POLDER, an individual,
ROBERTO MONTANO, an individual,
ANTHONY VALENZUELA, an individual,
RONALD PENNA, an individual, and DOES 1
through 10, inclusive,

4

Counterclaim-Defendants.

2

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

ADDITIONAL COUNSEL
ERIC J. AMDURSKY (S.B. #180288)
[e-mail]
O’MELVENY & MYERS LLP
2765 Sand Hill Road
Menlo Park, California 94025-7019
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff and Counterclaim-Defendant
Legendary Foods, LLC, and Counterclaim-Defendants
Ronald Penna, Richie Fiene, Chris Van de Polder,
Anthony Valenzuela, and Roberto Montano
CAROLYN HOECKER LUEDTKE (State Bar No. 207976)
[e-mail]
TAYLOR L. BENNINGER (State Bar No. 344825)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission Street, 27th Floor
San Francisco, California 94105-2907
Telephone: [phone]
Facsimile: [phone]
LAURA D. SMOLOWE (State Bar No. 263012)
[e-mail]
SAMUEL H. ALLEN (State Bar No. 314171)
[e-mail]
MUNGER, TOLLES & OLSON LLP
350 South Grand Avenue, 50th Floor
Los Angeles, California 90071-3426
Telephone: [phone]
Facsimile: [phone]
Attorneys for Counterclaim-Defendants
Ayce Snacking Company, LLC, Zach Kazarian,
Kyle Kazarian, Jake Jessa, and Chris Quemena

28
2

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1
2
3
4
5
6
7
8
9
10
11
12

MICHAEL J. DUVALL (SBN 276994)
[e-mail]
BLAKE L. OSBORN (SBN 271849)
[e-mail]
ERIN N. BASS (SBN 325090)
[e-mail]
KIMBERLY G.A. DENNIS (SBN 325390)
[e-mail]
SABRINA E. CHOW (SBN 335273)
[e-mail]
DENTONS US LLP
601 South Figueroa Street,
Suite 2500 Los Angeles, California 90017-5704
Tel: [phone] / Fax: [phone]
Attorneys for Defendants and Counterclaim-Plaintiffs
Simply Good Foods USA, Inc. and
Quest Nutrition, LLC

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1

1.

A. PURPOSES AND LIMITATIONS

2

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

3

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

4

purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby

5

stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties

6

acknowledge that this Order does not confer blanket protections on all disclosures or responses to

7

discovery and that the protection it affords from public disclosure and use extends only to the

8

limited information or items that are entitled to confidential treatment under the applicable legal

9

principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated

10

Protective Order does not entitle them to file confidential information under seal; Civil Local Rule

11

79-5 sets forth the procedures that must be followed and the standards that will be applied when a

12

party seeks permission from the court to file material under seal.

13

B. GOOD CAUSE STATEMENT

14

This action is likely to involve trade secrets and other valuable research, development,

15

manufacturing, commercial, financial, technical and/or proprietary information for which special

16

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

17

is warranted. Such confidential and proprietary materials and information consist of, among other

18

things, confidential business or financial information, information regarding confidential business

19

practices, or other confidential research, development, or commercial information (including

20

information implicating privacy rights of third parties), information otherwise generally

21

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

22

state or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite the

23

flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery

24

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

25

that the parties are permitted reasonable necessary uses of such material in preparation for and in

26

the conduct of trial, to address their handling at the end of the litigation, and serve the ends of

27

justice, a protective order for such information is justified in this matter. It is the intent of the

28

parties that information will not be designated as confidential for tactical reasons and that nothing

4

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1

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

2

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

3

2.

DEFINITIONS

4

2.1

Action: this pending federal law suit.

5

2.2

Challenging Party:

6
7

a Party or Non-Party that challenges the designation of

information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of how it is

8

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule

9

of Civil Procedure 26(c), and as specified above in the Good Cause Statement.

10

2.4

Counsel: Outside Counsel and Designated House Counsel.

11

2.5

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

12

produces in disclosures or in responses to discovery as “CONFIDENTIAL,” “HIGHLY

13

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

14

COUNSEL’S EYES ONLY.”

15

2.6

Designated House Counsel: One attorney who is an employee of a party to this

16

Action. Designated House Counsel does not include Outside Counsel or any other outside counsel.

17

If the Designated House Counsel leaves the employ of the company or otherwise needs to be de-

18

designated, a party may designate a new Designated House Counsel by informing all parties to the

19

Action in writing of the change which change will be subject to the provisions of paragraph 7.5.

20

2.7

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

21

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

22

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

23

responses to discovery in this matter.

24

2.8

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

25

the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a

26

consultant in this Action.

27
28
5

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1

2.9

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or

2

Items: extremely sensitive “Confidential Information or Items,” disclosure of which to another

3

Party or Non-Party would create a substantial risk of serious competitive harm.

4

2.10

“HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY”

5

Information or Items: extremely sensitive “Confidential Information or Items” that is of such a

6

highly confidential, proprietary nature that its disclosure or dissemination to a Designated House

7

Counsel of a Receiving Party could cause irreparable harm or impair the legitimate competitive

8

position or interests of the Producing Party that could not be avoided by less restrictive means.

9

“HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY” Information includes, but

10

is not limited to: (1) sales, cost, pricing, or other financial information pertaining to the Producing

11

Party; (2) information pertaining to strategic business initiatives or marketing plans pertaining to

12

the Producing Party; (3) technical information such as product formulas, recipes, designs, methods

13

and processes including manufacturing processes, engineering and/or equipment customizations

14

that relates to the Producing Party’s technical development and production; or (4) information that

15

constitutes the Producing Party’s trade secrets within the definition of trade secret provided by state

16

or federal law.

17
18
19
20
21
22
23
24
25

2.11

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

entity not named as a Party to this action.
2.12

Outside Counsel: attorneys who are not employees of a party to this Action but are

retained to represent or advise a party to this Action, and includes support staff.
2.13

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

consultants, retained experts, and Outside Counsel.
2.14

Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this Action.
2.15

Professional Vendors: persons or entities that provide litigation support services

26

(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,

27

storing, or retrieving data in any form or medium) and their employees and subcontractors.

28
6

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1

2.16

Protected Material: any Disclosure or Discovery Material that is designated as

2

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

3

“HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY.”

4

2.17

5

Producing Party.

6

3.

Receiving Party: a Party that receives Disclosure or Discovery Material from a

SCOPE

7

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

8

(as defined above), but also (1) any information copied or extracted from Protected Material; (2)

9

all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

10

conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

11

However, the protections conferred by this Stipulation and Order do not cover the following

12

information: (a) any information that is in the public domain at the time of disclosure to a Receiving

13

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

14

publication not involving a violation of this Order, including becoming part of the public record

15

through trial or otherwise; and (b) any information known to the Receiving Party prior to the

16

disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the

17

information lawfully and under no obligation of confidentiality to the Designating Party.

18

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

19

Order does not govern the use of Protected Material at trial.

20

4.

DURATION

21

Even after final disposition of this litigation, the confidentiality obligations imposed by this

22

Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order

23

otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims

24

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

25

completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

26

including the time limits for filing any motions or applications for extension of time pursuant to

27

applicable law.

28
7

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1
2

5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party

3

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

4

limit any such designation to specific material that qualifies under the appropriate standards. The

5

Designating Party must designate for protection only those parts of material, documents, items, or

6

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

7

or communications for which protection is not warranted are not swept unjustifiably within the

8

ambit of this Order.

9

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

10

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

11

unnecessarily encumber the case development process or to impose unnecessary expenses and

12

burdens on other parties) may expose the Designating Party to sanctions.

13

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

14

protection do not qualify for protection, that Designating Party must promptly notify all other

15

Parties that it is withdrawing the inapplicable designation.

16

5.2

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

17

(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,

18

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

19

designated before the material is disclosed or produced.

20

Designation in conformity with this Order requires:

21

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

22

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

23

affix at a minimum, the legend “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL –

24

ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S EYES

25

ONLY” (hereinafter “CONFIDENTIAL legend,” “HIGHLY CONFIDENTIAL – ATTORNEYS’

26

EYES ONLY legend,” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY

27

legend”), to each page that contains protected material. If only a portion or portions of the material

28

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

8

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1

portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each portion,

2

the level of protection being asserted.

3

A Party or Non-Party that makes original documents available for inspection need not

4

designate them for protection until after the inspecting Party has indicated which documents it

5

would like copied and produced. During the inspection and before the designation, all of the

6

material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL – OUTSIDE

7

COUNSEL’S EYES ONLY.” After the inspecting Party has identified the documents it wants

8

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

9

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

10

Producing Party must affix the “CONFIDENTIAL legend,” “HIGHLY CONFIDENTIAL –

11

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

12

COUNSEL’S EYES ONLY legend” to each page that contains Protected Material. If only a portion

13

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

14

identify the protected portion(s) (e.g., by making appropriate markings in the margins) and must

15

specify, for each portion, the level of protection being asserted.

16

(b) for testimony given in depositions that the Designating Party identify the Disclosure

17

or Discovery Material on the record, before the close of the deposition all protected testimony and

18

specify the level of protection being asserted. When it is impractical to identify separately each

19

portion of testimony that is entitled to protection and it appears that substantial portions of the

20

testimony may qualify for protection, the Designating Party may invoke on the record (before the

21

deposition, hearing, or other proceeding is concluded) a right to have up to 21 days to identify the

22

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

23

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

24

for protection within the 21 days shall be covered by the provisions of this Stipulated Protective

25

Order. The Designating Party shall inform the court reporter of these requirements. During that

26

21 day period until the specific designations are received, the transcript will be treated as “HIGHLY

27

CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY,” “HIGHLY CONFIDENTIAL -

28

ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL” depending on the instruction provided at

9

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1

the deposition by the Designating Party. After the expiration of that period, the transcript shall be

2

treated only as actually designated.

3

Parties shall give the other parties notice if they reasonably expect a deposition, hearing

4

or other proceeding to include Protected Material so that the other parties can ensure that only

5

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

6

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

7

shall not in any way affect its designation as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL –

8

ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S EYES

9

ONLY.”

10

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

11

that the transcript contains Protected Material, and the title page shall be followed by a list of all

12

pages (including line numbers as appropriate) that have been designated as Protected Material and

13

the level of protection being asserted by the Designating Party.

14

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

15

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

16

or containers in which the information is stored the legend “CONFIDENTIAL,” “HIGHLY

17

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

18

COUNSEL’S EYES ONLY.” If only a portion or portions of the information warrants protection,

19

the Producing Party, to the extent practicable, shall identify the protected portion(s) and specify the

20

level of protection being asserted.

21

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

22

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

23

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

24

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

25

in accordance with the provisions of this Order.

26

5.4

If, upon receiving Discovery Material from a Non-Party, a Party believes in good

27

faith that any such Discovery Material should be treated as “CONFIDENTIAL,” “HIGHLY

28

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

10

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1

COUNSEL’S EYES ONLY” under this Order, the procedures set forth in Paragraph 5.2 shall apply.

2

Each Party is responsible for making this determination on its own behalf. All Discovery Material

3

produced by a Non-Party shall be treated as containing Protected Material until the expiration of

4

thirty (30) days or an agreed-upon date based on volume or other issues.

5

6.

6
7

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a designation of

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

8

6.2

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

9

under Local Rule 37.1 et seq. The Parties shall then abide by the procedures and standing orders

10

of the assigned district or magistrate judge for any remaining discovery disputes.

11

6.3

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

12

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

13

or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party

14

to sanctions.

15

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

16

which it is entitled under the Producing Party’s designation until the Court rules on the challenge.

17

7.

18

Unless the Designating Party has waived or withdrawn the confidentiality

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

19

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

20

defending, or attempting to settle this Action. Such Protected Material may be disclosed only to

21

the categories of persons and under the conditions described in this Order. When the Action has

22

been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL

23

DISPOSITION).

24
25
26

Protected Material must be stored and maintained by a Receiving Party at a location and in
a secure manner that ensures that access is limited to the persons authorized under this Order.
7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

27

by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any

28

information or item designated “CONFIDENTIAL” only to:

11

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1
2

(a)

said Outside Counsel to whom it is reasonably necessary to disclose the information for this Action;

3
4

the Receiving Party’s Outside Counsel in this Action, as well as employees of

(b)

the officers, directors, and employees (including Designated House Counsel) of

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

5

(c)

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

6

reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement

7

to Be Bound” (Exhibit A);

8

(d)

the court and its personnel;

9

(e)

court reporters and their staff;

10

(f)

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

11

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

12

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

13
14

(g)

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

or other person who otherwise possessed or knew the information;

15

(h)

during their depositions, witnesses, and attorneys for witnesses, in the Action to

16

whom disclosure is reasonably necessary provided: (1) the deposing party requests that the witness

17

sign the form attached as Exhibit A hereto; and (2) they will not be permitted to keep any

18

confidential information unless they sign the “Acknowledgment and Agreement to Be Bound”

19

(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of

20

transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be

21

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

22

under this Stipulated Protective Order; and

23
24
25

(i)

any mediator or settlement officer, and their supporting personnel, mutually

agreed upon by any of the parties engaged in settlement discussions.
7.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

26

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

27

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

28

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

12

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1
2

(a)

the Receiving Party’s Outside Counsel in this Action, as well as employees of

said Outside Counsel to whom it is reasonably necessary to disclose the information for this Action;

3

(b)

One Designated House Counsel of the Receiving Party (1) who has no

4

involvement in competitive decision-making, (2) to whom disclosure is reasonably necessary for

5

this litigation, (3) who has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

6

A), and (4) as to whom the procedures set forth in paragraph 7.5(a), below, have been followed;

7

(c)

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

8

reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement

9

to Be Bound” (Exhibit A) and subject to the procedures set forth in paragraph 7.5(b) et seq. below;

10

(d)

the court and its personnel;

11

(e)

court reporters and their staff;

12

(f)

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

13

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

14

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

15
16

(g)

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

or other person who otherwise possessed or knew the information;

17

(h)

during their depositions, witnesses, and attorneys for witnesses, in the Action to

18

whom disclosure is reasonably necessary provided: (1) the deposing party requests that the witness

19

sign the form attached as Exhibit A hereto; and (2) they will not be permitted to keep any highly

20

confidential information unless they sign the “Acknowledgment and Agreement to Be Bound”

21

(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of

22

transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be

23

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

24

under this Stipulated Protective Order; and

25
26
27
28

(i)

any mediator or settlement officer, and their supporting personnel, mutually

agreed upon by any of the parties engaged in settlement discussions.
7.4

Disclosure of “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S EYES

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

13

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1

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

2

“HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY” only to:

3
4

(a)

the Receiving Party’s Outside Counsel in this Action, as well as employees of

said Outside Counsel to whom it is reasonably necessary to disclose the information for this Action;

5

(b)

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

6

reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement

7

to Be Bound” (Exhibit A) and subject to the procedures set forth in paragraph 7.5(b) et seq. below;

8

(c)

the court and its personnel;

9

(d)

court reporters and their staff;

10

(e)

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

11

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

12

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

13
14

(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

(g)

during their depositions, witnesses, and attorneys for witnesses, in the Action to

16

whom disclosure is reasonably necessary provided: (1) the deposing party requests that the witness

17

sign the form attached as Exhibit A hereto; and (2) they will not be permitted to keep any highly

18

confidential information unless they sign the “Acknowledgment and Agreement to Be Bound”

19

(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of

20

transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be

21

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

22

under this Stipulated Protective Order; and

23
24
25

(h)

any mediator or settlement officer, and their supporting personnel, mutually

agreed upon by any of the parties engaged in settlement discussions.
7.5

Procedures for Approving or Objecting to Disclosure of “CONFIDENTIAL,”

26

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

27

OUTSIDE COUNSEL’S EYES ONLY” Information or Items to Designated House Counsel and/or

28

Experts.

14

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1

(a)

Unless otherwise ordered by the court or agreed to in writing by the Designating

2

Party, a Party that seeks to disclose to Designated House Counsel any information or item that has

3

been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to

4

paragraph 7.3(b) first must make a written request to the Designating Party that (1) sets forth the

5

full name of the Designated House Counsel and the city and state of his or her residence, and (2)

6

describes the Designated House Counsel’s current and reasonably foreseeable future primary job

7

duties and responsibilities in sufficient detail to determine if Designated House Counsel is involved,

8

or may become involved, in any competitive decision-making.

9

(b)

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

10

Party, a Party that seeks to disclose to an Expert (as defined in this Order) any information or item

11

that has been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or

12

“HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY” pursuant to paragraphs

13

7.2(c),7.3(c), or 7.4(c) first must make a written request to the Designating Party that (1) identifies

14

the general categories of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or

15

“HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY” information that the

16

Receiving Party seeks permission to disclose to the Expert, (2) sets forth the full name of the Expert

17

and the city and state of his or her primary residence, (3) attaches a copy of the Expert’s current

18

resume, (4) identifies the Expert’s current employer(s), (5) identifies each person or entity from

19

whom the Expert has received compensation or funding for work in his or her areas of expertise or

20

to whom the expert has provided professional services, including in connection with a litigation, at

21

any time during the preceding five years, 1 and (6) identifies (by name and number of the case, filing

22

date, and location of court) any litigation in connection with which the Expert has offered expert

23

testimony, including through a declaration, report, or testimony at a deposition or trial, during the

24

preceding five years.2

25

1

26
27
28

If the Expert believes any of this information is subject to a confidentiality obligation to a thirdparty, then the Expert should provide whatever information the Expert believes can be disclosed
without violating any confidentiality obligations, and the Party seeking to disclose to the Expert
shall be available to meet and confer with the Designating Party regarding any such engagement.
2
It may be appropriate in certain circumstances to restrict any Designated House Counsel or the
Expert from undertaking certain limited work prior to the termination of the litigation that could

15

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1

(c)

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

2

preceding respective paragraphs may disclose the subject Protected Material to the identified

3

Designated House Counsel or Expert unless, within 14 days of delivering the request, the Party

4

receives a written objection from the Designating Party in conformance with Local Rule 37, et seq.

5

(d)

If the Parties cannot resolve a challenge without court intervention, the

6

Designating Party shall either: (1) initiate the process for informal, telephonic discovery hearings

7

pursuant to the procedure found on the Court’s website, or (2) file before the Magistrate Judge a

8

Joint Stipulation in accordance with Local Rule 37-2 (and Local Rule 79–5, if applicable). Any

9

such motion must describe the circumstances with specificity, set forth in detail the reasons why

10

the disclosure to the Expert is reasonably necessary, assess the risk of harm that the disclosure

11

would entail, and suggest any additional means that could be used to reduce that risk. In addition,

12

any such motion must be accompanied by a competent declaration describing the parties’ efforts to

13

resolve the matter by agreement (i.e., the extent and the content of the meet and confer discussions)

14

and setting forth the reasons advanced by the Designating Party for its refusal to approve the

15

disclosure.

16

In any such proceeding, the Party opposing disclosure to Designated House Counsel or the

17

Expert shall bear the burden of proving that the risk of harm that the disclosure would entail (under

18

the safeguards proposed) outweighs the Receiving Party’s need to disclose the Protected Material

19

to its Designated House Counsel or Expert.

20

8.

21

LITIGATION

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

22

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

23

disclosure of any information or items designated in this Action as “CONFIDENTIAL,” “HIGHLY

24

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

25

COUNSEL’S EYES ONLY,” that Party must:

26
27
28

foreseeably result in an improper use of the Designating Party’s “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S
EYES ONLY” information.

16

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1
2

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

3

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

4

the other litigation that some or all of the material covered by the subpoena or order is subject to

5

this Protective Order. Such notification shall include a copy of this Stipulated Protective Order;

6

and

7
8

(c) 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 timely seeks a protective order, the Party served with the subpoena

10

or court order shall not produce any information designated in this action as “CONFIDENTIAL,”

11

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

12

OUTSIDE COUNSEL’S EYES ONLY” before a determination by the court from which the

13

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

14

Designating Party shall bear the burden and expense of seeking protection in that court of its

15

confidential material and nothing in these provisions should be construed as authorizing or

16

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

17

9.

18

LITIGATION

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

19

(a) The terms of this Order are applicable to information produced by a Non-Party in

20

this Action and designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’

21

EYES ONLY,” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY.” Such

22

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

23

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

24

a Non-Party from seeking additional protections.

25

(b) In the event that a Party is required, by a valid discovery request, to produce a Non-

26

Party’s confidential information in its possession, and the Party is subject to an agreement with the

27

Non-Party not to produce the Non-Party’s confidential information, then the Party shall:

28
17

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1
2

(1) promptly notify in writing the Requesting Party and the Non-Party that some or
all of the information requested is subject to a confidentiality agreement with a Non-Party;

3

(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order

4

in this Action, the relevant discovery request(s), and a reasonably specific description of the

5

information requested; and

6
7

(3) make the information requested available for inspection by the Non-Party, if
requested.

8

(c) If the Non-Party fails to seek a protective order from this court within 14 days of

9

receiving the notice and accompanying information, the Receiving Party may produce the Non-

10

Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks

11

a protective order, the Receiving Party shall not produce any information in its possession or control

12

that is subject to the confidentiality agreement with the Non-Party before a determination by the

13

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

14

seeking protection in this court of its Protected Material.

15

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

16

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

17

Material to any person or in any circumstance not authorized under this Stipulated Protective Order,

18

the Receiving Party must immediately (a) notify in writing the Designating Party of the

19

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

20

Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the

21

terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and

22

Agreement to Be Bound” that is attached hereto as Exhibit A.

23

11.

24

MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

25

When a Producing Party gives notice to Receiving Parties that certain inadvertently

26

produced material is subject to a claim of privilege or other protection, the obligations of the

27

Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision

28

is not intended to modify whatever procedure may be established in an e-discovery order that

18

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1

provides for production without prior privilege review. Pursuant to Federal Rule of Evidence

2

502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a

3

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

4

the parties may incorporate their agreement in the stipulated protective order submitted to the court.

5

12.

6
7

MISCELLANEOUS
12.1

Right to Further Relief. Nothing in this Order abridges the right of any person to

seek its modification by the Court in the future.

8

12.2

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

9

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

10

information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

11

Party waives any right to object on any ground to use in evidence of any of the material covered by

12

this Protective Order.

13

12.3

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

14

Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal

15

pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a

16

Party’s request to file Protected Material under seal is denied by the court, then the Receiving Party

17

may file the information in the public record unless otherwise instructed by the court.

18

13.

FINAL DISPOSITION

19

After the final disposition of this Action, as defined in paragraph 4, within 60 days of a

20

written request by the Designating Party, each Receiving Party must return all Protected Material

21

to the Producing Party or destroy such material. As used in this subdivision, “all Protected

22

Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing

23

or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed,

24

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

25

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

26

where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the

27

Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format

28

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

19

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1

are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

2

transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

3

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

4

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

5

this Protective Order as set forth in Section 4 (DURATION).

6

14.

7

VIOLATION
Any violation of this Order may be punished by any and all appropriate measures including,

8

without limitation, contempt proceedings and/or monetary sanctions.

9

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

10
11

DATED January 3, 2025

12
13

/s/ Laura Burson
Attorneys for Plaintiff and Counterclaim-Defendants

14
15

DATED January 3, 2025

16
17
18
19

/s/ Blake L. Osborn
Attorneys for Defendants and Counterclaim-Plaintiffs

DATED January 3, 2025

20
21
22

/s/ Carolyn Hoecker Luedtke
Attorneys for Counterclaim-Defendants

23
24
25
26
27
28
20

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

I,

[print or type full name], of
[print or type full address],

declare under penalty of perjury that I have read in its entirety and understand the Stipulated
Protective Order that was issued by the United States District Court for the Central District of
California on

[date] in the case of

Legendary Foods, LLC et. al., v. Simply Good Foods USA, Inc., et al., 2:24-cv-06337-GW-KS. I
agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I
understand and acknowledge that failure to so comply could expose me to sanctions and
punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner
any information or item that is subject to this Stipulated Protective Order to any person or entity
except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the Central District
of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such
enforcement proceedings occur after termination of this action. I hereby appoint
[print or type full name] of

18
19
20
21
22
23
24
25
26
27

[print or type full address and
telephone number] as my California agent for service of process in connection with this action or
any proceedings related to enforcement of this Stipulated Protective Order.
Date:
City and State where sworn and signed:

Printed name:

Signature:

28
22

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS

1

SIGNATURE ATTESTATION

2

Pursuant to Local Rule 5-4.3.4, I hereby attest that the other signatories

3

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

4

have authorized the filing.

5
6

Dated: January 3, 2025

O’MELVENY & MYERS LLP

7
8
9

By:

/s/ Laura Burson
Laura Burson

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
23

STIPULATED PROTECTIVE ORDER
CASE NO. 2:24-CV-06337-GW-KS