Monster Energy Company v. Integrated Supply Network, LLC

Filing 41

STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver. Plaintiff Monster Energy Company ("MEC") and Defendant Integrated Supply Network, LLC ("ISN"), recognizing that each may have materials containing trade secret o r other confidential research, technical, cost, price, sales, marketing, or other commercial information, as is contemplated by Federal Rule of Civil Procedure 26(c), have agreed to the terms of the Stipulated Protective Order ("Order") as set forth below. The purpose of this Order is to protect the confidentiality of such materials as much as practical during the litigation. 39 (SEE ORDER FOR FURTHER INFORMATION) (gr)

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Steven J. Nataupsky (CA SBN 155913)
[e-mail]
Lynda J. Zadra-Symes (CA SBN 156511)
[e-mail]
Marko R. Zoretic (SBN 233,952)
[e-mail]
Jason A. Champion (CA SBN 259207)
[e-mail]
Julianna M. Simon (CA SBN 307664)
[e-mail]
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Fourteenth Floor
Irvine, CA 92614
Phone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
MONSTER ENERGY COMPANY
[Attorneys for Defendant INTEGRATED SUPPLY NETWORK, LLC
listed on following page]

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IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

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)
)
)
)
Plaintiff,
)
)
v.
)
INTEGRATED SUPPLY NETWORK, )
)
LLC, a Florida limited liability
)
company,
)
)
Defendant.
)
)
)
AND RELATED COUNTERCLAIMS. )
MONSTER ENERGY COMPANY, a
Delaware corporation,

Case No. 5:17-CV-00548-CBM-RAO
STIPULATED PROTECTIVE
ORDER

Hon. Consuelo B. Marshall
Hon. Rozella A. Oliver

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DOUGLAS C. SMITH (SBN 160013)
[e-mail]
SMITH LAW OFFICES, LLP
4204 Riverwalk Parkway, Suite 250
Riverside, California 92505
Telephone: [phone]
Facsimile: [phone]
JEFFREY S. STANDLEY (OH# 0047248)
[e-mail]
MELISSA A. ROGERS MCCURDY (OH #0084102)
[e-mail]
Standley Law Group LLP
6300 Riverside Drive
Dublin, Ohio 43017
Telephone: [phone]
Fax: [phone]

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Attorneys for Defendant
INTEGRATED SUPPLY NETWORK, LLC

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1.

PURPOSES AND LIMITATIONS

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Plaintiff Monster Energy Company (“MEC”) and Defendant Integrated

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Supply Network, LLC (“ISN”), recognizing that each may have materials

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containing trade secret or other confidential research, technical, cost, price,

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sales, marketing, or other commercial information, as is contemplated by

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Federal Rule of Civil Procedure 26(c), have agreed to the terms of the Stipulated

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Protective Order (“Order”) as set forth below. The purpose of this Order is to

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protect the confidentiality of such materials as much as practical during the

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litigation.

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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

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affords from public disclosure and use extends only to the limited information

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

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principles.

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2.

GOOD CAUSE STATEMENT

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

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

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and/or proprietary information for which special protection from public

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

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warranted. Such confidential and proprietary materials and information consist

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

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information regarding confidential business practices, or other confidential

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research, development, or commercial information (including information

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implicating privacy rights of third parties), information otherwise generally

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

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

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common law. Accordingly, to expedite the flow of information, to facilitate the

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prompt resolution of disputes over confidentiality of discovery materials, to
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adequately protect information the parties are entitled to keep confidential, to

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

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in preparation for and in the conduct of trial, to address their handling at the end

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of the litigation, and serve the ends of justice, a protective order for such

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information is justified in this matter.

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information will not be designated as confidential for tactical reasons and that

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nothing be so designated without a good faith belief that it has been maintained

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in a confidential, non-public manner, and there is good cause why it should not

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be part of the public record of this case.

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3.

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It is the intent of the parties that

SEAL

ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER

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The parties further acknowledge, as set forth in Section 14.3, below, that

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this Stipulated Protective Order does not entitle them to file confidential

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information under seal. Local Civil Rule 79-5 sets forth the procedures that

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must be followed and the standards that will be applied when a party seeks

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permission from the court to file material under seal.

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In accordance with Local Rule 79-5, if any papers to be filed with the

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Court contain information and/or documents that have been designated as

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confidential, the proposed filing shall be accompanied by an application to file

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papers or the portion thereof containing the designated information or

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documents (if such portion is segregable) under seal.

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acknowledge that Local Rule 79-5.2.2(b) sets forth the procedures to be

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followed when filing papers containing confidential information or documents

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designated by another party including notice to the designating party at least 3

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days before filing.

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4.

The parties further

DEFINITIONS

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4.1

Action: this pending federal law suit.

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4.2

Challenging Party: a Party or Non-Party that challenges the
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designation of information or items under this Order.
4.3

“CONFIDENTIAL” Information or Items: information (regardless

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

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

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in the Good Cause Statement.

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4.4

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

as their support staff).
4.5

Designating Party: a Party or Non-Party that designates

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

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as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY.”

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4.6

Disclosure or Discovery Material: all items or information,

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

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

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things), that are produced or generated in disclosures or responses to discovery

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in this matter, or otherwise produced or generated in the course of this litigation,

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including without limitation production documents, electronically stored

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information, things, answers to interrogatories, responses to requests for

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admissions, and depositions, as well as testimony adduced at trial or a hearing

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or any matters in evidence.

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4.7

Expert: a person with specialized knowledge or experience in a

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

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

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4.8

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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

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maintained) or tangible things that qualify for protection under Federal Rule of

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

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is extremely sensitive information the disclosure of which to another party or
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non-party would likely harm the competitive position of the party producing the

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information.

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY include sales volumes, sales

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units, cost of goods sold, price structures, discounts, business costs, profits,

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margins, technical documents, marketing strategies, competitive business plans,

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and the identity of customers.

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4.9

Examples of information that could be considered HIGHLY

House Counsel: attorneys who are employees of a party to this

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

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other outside counsel.

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4.10 Non-Party:

any

natural

person,

partnership,

corporation,

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

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4.11 Outside Counsel of Record: attorneys who are not employees of a

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

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

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

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

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directors, employees, consultants, retained experts, and Outside Counsel of

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Record (and their support staffs).

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4.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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4.14 Professional Vendors: persons or entities that provide litigation

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

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or demonstrations, computer database preparation, document coding, and

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

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employees and subcontractors.

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4.15 Protected Material: any Disclosure or Discovery Material that is

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designated

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ATTORNEYS’ EYES ONLY.”

as

“CONFIDENTIAL”

or

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“HIGHLY

CONFIDENTIAL

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4.16 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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5.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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

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

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

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

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

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cover the following information: (a) any information that is in the public domain

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at the time of disclosure to a Receiving Party or becomes part of the public

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domain after its disclosure to a Receiving Party as a result of publication not

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involving a violation of this Order, including becoming part of the public record

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

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Party prior to the disclosure or obtained by the Receiving Party after the

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disclosure from a source who obtained the information lawfully under no

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obligation of confidentiality to the Designating Party.

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

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

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6.

DURATION

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Once a case proceeds to trial, information that was designated as

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CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY, or otherwise maintained pursuant to this Stipulated Protective Order,

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that is used or introduced as an exhibit at trial becomes public and will be

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presumptively available to all members of the public, including the press, unless

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compelling reasons supported by specific factual findings to proceed otherwise

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are made to the trial judge in advance of the trial. See Kamakana v. City and

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County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing
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“good cause” showing for sealing documents produced in discovery from

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“compelling reasons” standard when merits-related documents are part of court

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record). Accordingly, the terms of this Stipulated Protective Order do not

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extend beyond the commencement of the trial with respect to such information.

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7.

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DESIGNATING PROTECTED MATERIAL
7.1

Exercise of Restraint and Care in Designating Material for

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

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

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specific material that qualifies under the appropriate standards.

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Mass, indiscriminate, or routinized designations are prohibited.

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

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

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process or to impose unnecessary expenses and burdens on other parties) may

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expose the Designating Party to sanctions.

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

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

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

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inapplicable designation.

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7.2

Manner and Timing of Designations. Except as otherwise provided

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in this Order, or as otherwise stipulated or ordered, Disclosure or Discovery

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

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designated at the time the material is disclosed or produced.

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Designation in conformity with this Order requires:
(a)

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

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electronic documents, but excluding transcripts of depositions or other pretrial

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” (hereinafter “CONFIDENTIALITY legend”), to each page that
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contains protected material.

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

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

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

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

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inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY.” 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

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portions thereof, qualify for protection under this Order.

Then, before

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producing the specified documents, the Producing Party must affix the

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“CONFIDENTIALITY legend” to each page that contains Protected Material.

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(b)

For a deposition transcript, the Producing Party shall

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designate the transcript as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY” by requesting such treatment thereof either on

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the record at the time of the deposition or by written notice to all counsel of

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record after service of the final deposition transcript. If confidential treatment

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of a transcript is requested by a party by written notice after completion of a

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deposition, such written notice shall be provided to all counsel of record within

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fourteen (14) days after completion and service of the final transcript. Such

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written notice shall specifically identify by page and line number all portions of

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the transcript that should be treated as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in accordance with this

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Stipulated Protective Order.

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responsible for marking the copies of the designated transcript or portion thereof

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in their possession or control as provided for in the written notice. The parties

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shall not disseminate a deposition transcript or the contents thereof beyond the

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persons designated in Paragraph 9.3 below for a period of fourteen (14) days

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after completion and service of the final transcript, except that portions of the

All counsel receiving such notice shall be

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transcript may be filed under seal with the Court in connection with these

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proceedings. Documents or things used as exhibits at a deposition that a party

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desires to be subject to this Stipulated Protective Order shall be separately

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stamped or marked “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY.” The disclosing party will have the right to

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exclude from attendance at a deposition, during such time as the Confidential

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Information is to be disclosed, any person other than the deponent, counsel, the

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court reporter, the videographer, designated experts and any person(s) agreed

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upon by counsel for the disclosing party.

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(c)

For information produced in some form other than

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documentary (including, without limitation, electronically stored information

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produced in native format) and for any other tangible items, that the Producing

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Party affix in a prominent place on the media or exterior of the container or

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

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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portion or portions of the information warrants protection, the Producing Party,

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to the extent practicable, shall identify the protected portion(s).

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7.3

If only a

Inadvertent Failures to Designate. If timely corrected, an

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inadvertent failure to designate qualified information or items does not, standing

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alone, waive the Designating Party’s right to secure protection under this Order

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

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must make reasonable efforts to assure that the material is treated in accordance

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with the provisions of this Order.

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8.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
8.1

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

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

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Scheduling Order.

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8.2

Meet and Confer. The Challenging Party shall initiate the dispute
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resolution process under Local Rule 37.1 et seq.

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8.3

The burden of persuasion in any such challenge proceeding shall be

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

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

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

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Party has waived or withdrawn the confidentiality designation, all parties shall

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continue to afford the material in question the level of protection to which it is

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

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challenge.

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9.

ACCESS TO AND USE OF PROTECTED MATERIAL
9.1

Basic Principles. A Receiving Party may use Protected Material

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that is disclosed or produced by another Party or by a Non-Party in connection

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

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Action. Such Protected Material may be disclosed only to the categories of

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

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been terminated, a Receiving Party must comply with the provisions of section

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15 below (FINAL DISPOSITION).

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

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

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persons authorized under this Order.

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9.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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otherwise ordered by the court or permitted in writing by the Designating Party,

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a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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(a)

the Receiving Party’s Outside Counsel of Record in this

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Action and other attorneys from Outside Counsel of Record’s law firm, as well

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

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necessary to disclose the information for this Action;
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(b)

the officers, directors, and employees (including House

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Counsel) of the Receiving Party to whom disclosure is reasonably necessary for

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this Action and who have signed the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A);

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(c)

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

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

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

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(d)

the court and its personnel;

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(e)

court reporters, videographers and their staff;

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(f)

professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably necessary for this

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Action and who have signed the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A);

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(g)

the author or recipient of a document containing the

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information or a custodian or other person who otherwise possessed or knew the

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information;

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(h)

during their depositions, witnesses, and attorneys for

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witnesses, in the Action to whom disclosure is reasonably necessary provided:

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(1) the deposing party requests that the witness sign the form attached as Exhibit

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A hereto; and (2) they will not be permitted to keep any confidential information

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unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit

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A), unless otherwise agreed by the Designating Party or ordered by the court.

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Pages of transcribed deposition testimony or exhibits to depositions that reveal

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Protected Material may be separately bound by the court reporter and may not

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be disclosed to anyone except as permitted under this Stipulated Protective

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Order; and

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(i)

any mediator or settlement officer, and their supporting

personnel, mutually agreed upon by any of the parties engaged in settlement
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discussions.
9.3

Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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Information or Items. Unless otherwise ordered by the court or permitted in

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writing by the Designating Party, a Receiving Party may disclose any

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information or item designated “CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” only to:

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(a)

the Receiving Party’s Outside Counsel of Record in this

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Action and other attorneys from Outside Counsel of Record’s law firm, as well

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

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necessary to disclose the information for this Action;
(b)

No more than three (3) House Counsel of the Receiving

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Party, that has previously been identified to the other side in writing, to (1)

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whom disclosure is reasonably necessary for this Action, (2) who have no

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involvement in competitive decision-making, and (3) who have signed the

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“Acknowledgement and Agreement to Be Bound” (exhibit A);

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(c)

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

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

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

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(d)

the court and its personnel;

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(e)

court reporters, videographers and their staff;

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(f)

professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably necessary for this

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Action and who have signed the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A);

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(g)

the author or recipient of a document containing the

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information or a custodian or other person who otherwise possessed or knew the

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information; and

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(h)

any mediator or settlement officer, and their supporting
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personnel, mutually agreed upon by any of the parties engaged in settlement

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discussions.

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10.

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PRODUCED IN OTHER LITIGATION

PROTECTED

MATERIAL

SUBPOENAED

OR

ORDERED

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

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

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Action

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ATTORNEYS’ EYES ONLY,” that Party must:

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as

“CONFIDENTIAL”

(a)

or

“HIGHLY

CONFIDENTIAL

promptly notify in writing the Designating Party.

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Such

notification shall include a copy of the subpoena or court order;

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(b)

promptly notify in writing the party who caused the

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

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

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

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(c)

cooperate with respect to all reasonable procedures sought to

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

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

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

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

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

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

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

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seeking protection in that court of its Protected Material and nothing in these

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provisions should be construed as authorizing or encouraging a Receiving Party

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

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11.

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PRODUCED IN THIS LITIGATION

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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

(a)

The terms of this Order are applicable to information
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produced by a Non-Party in this Action and designated as “CONFIDENTIAL”

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

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

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protected by the remedies and relief provided by this Order. Nothing in these

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provisions should be construed as prohibiting a Non-Party from seeking

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additional protections.

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(b)

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

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request, to produce a Non-Party’s confidential information in its possession, and

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the Party is subject to an agreement with the Non-Party not to produce the Non-

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Party’s confidential information, then the Party shall:

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(1) promptly notify in writing the Requesting Party and the

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

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confidentiality agreement with a Non-Party;

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(2)

promptly provide the Non-Party with a copy of the

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Stipulated Protective Order in this Action, the relevant discovery

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

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requested; and

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

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

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

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

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responsive to the discovery request. If the Non-Party timely seeks a protective

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

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control that is subject to the confidentiality agreement with the Non-Party before

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a determination by the court. Absent a court order to the contrary, the Non-

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

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Protected Material.
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12.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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disclosed Protected Material to any person or in any circumstance not

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authorized under this Stipulated Protective Order, the Receiving Party must

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immediately:

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(a) notify in writing the Designating Party of the unauthorized
disclosures;

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(b) use its best efforts to retrieve all unauthorized copies of the Protected
Material;

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(c) inform the person or persons to whom unauthorized disclosures were
made of all the terms of this Order; and

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(d) request such person or persons to execute the “Acknowledgment and

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

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13.

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CONFIDENTIAL OR OTHERWISE PROTECTED MATERIAL

INADVERTENT

PRODUCTION

OF

PRIVILEGED,

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The production of privileged or work-product protected documents,

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electronically stored information or information, whether inadvertent or

18

otherwise, is not a waiver of the privilege or protection from discovery in this

19

case or in any other federal or state proceeding. This Order shall be interpreted

20

to provide the maximum protection allowed by Federal Rule of Evidence 502.

21

Nothing contained herein is intended to or shall serve to limit a Party’s

22

right to conduct a review of documents, ESI or information (including metadata)

23

for relevance, responsiveness, and/or segregation of privileged and/or protected

24

information before production.

25

If a Party through inadvertence produces or provides Disclosure or

26

Discovery Material which it believes is subject to a claim of an applicable

27

privilege, the Producing Party may give written notice to the Receiving Party or

28

Parties that the Disclosure or Discovery Material is subject to a claim of
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1

privilege and request that it be returned to the Producing Party. If a Producing

2

Party or Non-Party requests the return, pursuant to this paragraph, of any

3

Disclosure or Discovery Material, the Receiving Party or Parties shall not use or

4

disclose, and shall immediately return to the Producing Party all copies of such

5

Disclosure or Discovery Material or confirm that all copies have been

6

destroyed. Return of the Disclosure or Discovery Material by the Receiving

7

Party shall not constitute an admission or concession, or permit any inference,

8

that the returned Disclosure or Discovery Material is, in fact, properly subject to

9

a claim of privilege nor shall it foreclose any Party from moving the court for an

10

order that such Disclosure or Discovery Material has been improperly

11

designated for reasons other than a waiver caused by the inadvertent production.

12

The inadvertent or unintentional disclosure by a Party or Non-Party of

13

Disclosure or Discovery Material which it believes should have been designated

14

as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

15

EYES ONLY,” regardless of whether it was so designated at the time of

16

disclosure, shall not be deemed a waiver in whole or in part of the Party’s or

17

Non-Party’s claim of confidentiality, either as to the specific information

18

disclosed or as to any other information relating thereto or on the same or

19

related subject matter, provided that the Party or Non-Party notifies the

20

Receiving Party as soon as reasonably practicable after discovery of the

21

inadvertent or unintentional failure to designate but in no event more than 14

22

business days. If a Party or Non-Party inadvertently or unintentionally produces

23

or discloses Protected Material without designating it as such, the Party or Non-

24

Party may give written notice to the Receiving Party or Parties that the

25

Disclosure or Discovery Material is designated “CONFIDENTIAL” or

26

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” and should be

27

treated in accordance with the provisions of this Stipulated Protective Order.

28

The Receiving Party or Parties must treat such Disclosure or Discovery Material
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1

as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

2

EYES ONLY,” from the date such notice is received.

3

Disclosure or Discovery Material, prior to receipt of such notice, to persons not

4

authorized to receive Protected Material shall not be deemed a violation of this

5

Stipulated Protective Order; however, those persons to whom disclosure was

6

made are to be advised that the Protected Material disclosed is

7

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

8

ONLY,” and must be treated in accordance with this Stipulated Protective

9

Order.

10
11
12

14.

Disclosure of such

MISCELLANEOUS
14.1 Right to Further Relief. Nothing in this Order abridges the right of

any person to seek its modification by the Court in the future.

13

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

14

Stipulated Protective Order, no Party waives any right it otherwise would have

15

to object to disclosing or producing any information or item on any ground not

16

addressed in this Stipulated Protective Order. Similarly, no Party waives any

17

right to object on any ground to use in evidence of any of the Disclosure or

18

Discovery Material covered by this Stipulated Protective Order.

19

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

20

Protected Material must comply with Local Civil Rule 79-5. Protected Material

21

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

22

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

23

Material under seal is denied by the court, then the Receiving Party may file the

24

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

25

14.4 Related Proceeding. In order to promote efficiency in this case, the

26

Parties stipulate and agree that they may use Disclosure or Discovery Material

27

that MEC and/or ISN produced in Monster Energy Company v. Integrated

28

Supply Network, LLC, Trademark Trial and Appeal Board Proceeding No.
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1

91222676 (“the Opposition”).

2

Discovery Material produced by MEC and/or ISN in the Opposition will be

3

subject to this Stipulated Protective Order. The parties further agree that any

4

Protected Material from the Opposition will be afforded the same level of

5

confidentiality

6

confidentiality designation marked on the documents or in correspondence

7

between the parties). For avoidance of doubt, any Disclosure or Discovery

8

Material marked “TRADE SECRET/COMMERCIALLY SENSITIVE” in the

9

Opposition shall be treated as if designated “HIGHLY CONFIDENTIAL –

10

ATTORNEYS’ EYES ONLY” under the terms of this Stipulated Protective

11

Order.

12

15.

protection

as

The parties agree that the Disclosure or

originally

designated

(i.e.

through

the

FINAL DISPOSITION

13

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

14

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

15

Material to the Producing Party or destroy such material. As used in this

16

subdivision, “all Protected Material” includes all copies, abstracts, compilations,

17

summaries, and any other format reproducing or capturing any of the Protected

18

Material.

19

Receiving Party must submit a written certification to the Producing Party (and,

20

if not the same person or entity, to the Designating Party) by the 60 day deadline

21

that states all Protected Material was returned or destroyed and affirms that the

22

Receiving Party has not retained any copies, abstracts, compilations, summaries

23

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

24

Notwithstanding this provision, Counsel are entitled to retain an archival copy

25

of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal

26

memoranda, correspondence, deposition and trial exhibits, expert reports,

27

attorney work product, and consultant and expert work product, even if such

28

materials contain Protected Material. Any such archival copies that contain or

Whether the Protected Material is returned or destroyed, the

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1

constitute Protected Material remain subject to this Stipulated Protective Order.

2

16.

3
4

VIOLATION
Any violation of this Order may be punished by appropriate measures

including, without limitation, contempt proceedings and/or monetary sanctions.

5
6

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

7

KNOBBE, MARTENS, OLSON & BEAR, LLP

8
9
10

Dated: October 13, 2017

11
12
13
14

By: /s/ Marko R. Zoretic
Steven J. Nataupsky
Lynda J. Zadra-Symes
Marko R. Zoretic
Jason A. Champion
Julianna M. Simon
Attorneys for Plaintiff,
MONSTER ENERGY COMPANY

15
16

STANDLEY LAW GROUP LLP

17
18
19

Dated: October 13, 2017

20
21

By: /s/ Jeffrey S. Standley (with permission)
Jeffrey S. Standley
Melissa A. Rogers McCurdy
Douglas C. Smith

22
Attorneys for Defendant
INTEGRATED SUPPLY NETWORK, LLC

23
24
25

IT IS SO ORDERED.

26
27
28

Dated:October 13, 2017
Honorable Rozella A. Oliver
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1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________________________ [print or type full name], of

4

_________________ [print or type full address], declare under penalty of

5

perjury that I have read in its entirety and understand the Stipulated Protective

6

Order that was issued by the United States District Court for the Central District

7

of California in the case of Monster Energy Company v. Integrated Supply

8

Network, LLC, Case No. 5:17-CV-00548-CBM (RAOx). I agree to comply

9

with and to be bound by all the terms of this Stipulated Protective Order and I

10

understand and acknowledge that failure to so comply could expose me to

11

sanctions and punishment in the nature of contempt. I solemnly promise that I

12

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

13

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

14

with the provisions of this Order. I further agree to submit to the jurisdiction of

15

the United States District Court for the Central District of California for

16

enforcing the terms of this Stipulated Protective Order, even if such

17

enforcement proceedings occur after termination of this action. I hereby appoint

18

__________________________

19

_______________________________________ [print or type full address and

20

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

21

with this action or any proceedings related to enforcement of this Stipulated

22

Protective Order.

23

Date: ______________________________________

24

City and State or Nation where sworn and signed:________________________

25

Printed name: _______________________________

26

Signature: __________________________________

[print

27
28

26864183

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or

type

full

name]

of