Baxter, Bailey, and Associates, Inc. v. Amazon.com, Inc. et al

Filing 22

ORDER APPROVING STIPULATED PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order #21 (dts)

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DOLL AMIR & ELEY LLP
GREGORY L. DOLL (SBN 193205)
[e-mail]
L. KATIE MACHADO (SBN 268491)
[e-mail]
1888 Century Park East, Suite 1850
Los Angeles, California 90067
Tel: [phone]
Fax: [phone]

Attorneys for Defendants,
Amazon.com, Inc. and
7 Amazon.com Services, Inc.
(erroneously named herein as Amazon
8 Fulfillment Services, Inc.)
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UNITED STATES DISTRICT COURT

DOLL AMIR & ELEY LLP

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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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BAXTER, BAILEY, & ASSOCIATES,
INC., A CORPORATION, AN
ASSIGNEE OF PACIFIC WEST
FREIGHT, INC. AND TIMELY
EXPRESS, LLC,

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Plaintiffs,

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AMAZON.COM, INC., A DELAWARE
CORPORATION; EGT TRANSPORT,
LLC, AN ARIZONA LIMITED
LIABILITY COMPANY; LOGISTICS
PLUS, INC., A PENNSYLVANIA
CORPORATION; JL FREIGHT, INC.,
A CALIFORNIA CORPORATION;
AMAZON FULFILLMENT SERVICES,
INC., A DELAWARE CORPORATION;
AND DOES 1 TO 100,

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Assigned to Judge Stephen V.
Wilson; Referred to Magistrate
Judge Kenly Kiya Kato
STIPULATED PROTECTIVE
ORDER1

v.

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Case No. 5:18-cv-00348-SVK-KK

Complaint Filed: January 12, 2018
Trial Date:
TBA

Defendants.

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This Stipulated Protective Order is substantially based on the model protective order provided under
the Magistrate Kenly Kiya Kato’s Procedures.
STIPULATED PROTECTIVE ORDER

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A. PURPOSES AND LIMITATIONS

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

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proprietary, or private information for which special protection from public disclosure

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and from use for any purpose other than prosecuting this litigation may be warranted.

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Accordingly, the parties hereby stipulate to and petition the Court to enter the

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following Stipulated Protective Order. The parties acknowledge that this Order does

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not confer blanket protections on all disclosures or responses to discovery and that the

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

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

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legal principles. The parties further acknowledge, as set forth in Section 12.3, below,

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that this Stipulated Protective Order does not entitle them to file confidential

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information under seal; Civil Local Rule 79-5 sets forth the procedures that must be

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

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the court to file material under seal.

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B. GOOD CAUSE STATEMENT
This action is likely to involve trade secrets, customer and pricing lists and

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other valuable commercial, financial and/or proprietary information for which special

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

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of this action is warranted. Such confidential and proprietary materials and

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

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information, information regarding confidential business practices, or other

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confidential commercial information (including information implicating privacy

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rights of third parties), information otherwise generally unavailable to the public, or

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which may be privileged or otherwise protected from disclosure under state or federal

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

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

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of discovery materials, to adequately protect information the parties are entitled to

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STIPULATED PROTECTIVE ORDER

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keep confidential, to ensure that the parties are permitted reasonable necessary uses of

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

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

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information is justified in this matter. It is the intent of the parties that information

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

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designated without a good faith belief that it has been maintained in a confidential,

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

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record of this case.

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2.

DEFINITIONS

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2.1

Action: this pending federal law suit.

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2.2

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

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of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of

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

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under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

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Cause Statement.

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2.4

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

support staff).
2.5

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

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES

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ONLY.”

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2.6

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

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

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among other things, testimony, transcripts, and tangible things), that are produced or

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generated in disclosures or responses to discovery in this matter.

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STIPULATED PROTECTIVE ORDER

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2.7

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

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

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an expert witness or as a consultant in this Action.

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2.8

“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY”

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Information or Items: extremely sensitive “CONFIDENTIAL” information or items,

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disclosure of which to another Party or Non-Party the Producing Party reasonably

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believes is likely to cause economic harm or significant commercial disadvantage to

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the Producing Party. The Parties agree that the following information, if non-public,

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shall be presumed to merit the “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES

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ONLY” designation: trade secrets, pricing information, financial data, sales

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information, sales or marketing forecasts or plans, business plans, sales or marketing

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strategy, product development information, engineering documents, testing

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documents, employee information, and other non-public information of similar

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competitive and business sensitivity.

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2.9

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

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

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counsel.

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2.10 Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
2.11 Outside Counsel of Record: attorneys who are not employees of a party

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

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appeared in this Action on behalf of that party or are affiliated with a law firm which

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

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

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

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support staffs).

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

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STIPULATED PROTECTIVE ORDER

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Discovery Material in this Action.
2.14 Professional Vendors: persons or entities that provide litigation support

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

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

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and their employees and subcontractors.
2.15 Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –

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ATTORNEY’S EYES ONLY.”
2.16 Receiving Party:

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from a Producing Party.

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3.

a Party that receives Disclosure or Discovery Material

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

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

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4.

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DURATION
Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this Action, with

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or without prejudice; and (2) final judgment herein after the completion and

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

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

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pursuant to applicable law.

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STIPULATED PROTECTIVE ORDER

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5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

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

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Order must take care to limit any such designation to specific material that qualifies

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under the appropriate standards. The Designating Party must designate for protection

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only those parts of material, documents, items, or oral or written communications that

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

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for which protection is not warranted are not swept unjustifiably within the ambit of

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this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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purpose (e.g., to unnecessarily encumber the case development process or to impose

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unnecessary expenses and burdens on other parties) may expose the Designating

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Party to sanctions.

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

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the inapplicable designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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

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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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under this Order must be clearly so designated before the material is disclosed or

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produced.

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Designation in conformity with this Order requires:
(a)

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

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documents, but excluding transcripts of depositions or other pretrial or trial

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES

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STIPULATED PROTECTIVE ORDER

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ONLY” to each page that contains protected material. If only a portion or portions of

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

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

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margins).

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

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

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

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before the designation, all of the material made available for inspection shall be

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deemed “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY.” After the

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inspecting Party has identified the documents it wants copied and produced, the

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Producing Party must determine which documents, or portions thereof, qualify for

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

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Producing Party must affix the appropriate legend (“CONFIDENTIAL” or ‘HIGHLY

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CONFIDENTIAL – ATTORNEY’S EYES ONLY”) to each page that contains

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

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

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

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for testimony given in depositions that the Designating Party

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identify the Disclosure or Discovery Material on the record, before the close of the

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deposition all protected testimony.
(c)

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for information produced in some form other than documentary

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

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on the exterior of the container or containers in which the information is stored the

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legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY’S

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

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

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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STIPULATED PROTECTIVE ORDER

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failure to designate qualified information or items does not, standing alone, waive the

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Designating Party’s right to secure protection under this Order for such material.

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Upon timely correction of a designation, the Receiving Party must make reasonable

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efforts to assure that the material is treated in accordance with the provisions of this

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Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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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.
6.2

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Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
6.3

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

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

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(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

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expose the Challenging Party to sanctions. Unless the Designating Party has waived

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or withdrawn the confidentiality designation, all parties shall continue to afford the

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

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Party’s designation until the Court rules on the challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

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

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

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

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

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Receiving Party must comply with the provisions of section 13 below (FINAL

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DISPOSITION).

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

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STIPULATED PROTECTIVE ORDER

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

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authorized under this Order.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

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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 Action, as

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well 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 Counsel)

of the Receiving Party to whom disclosure is reasonably necessary for this Action;
(c)

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

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

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“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 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 Action and

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

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(g)

the author or recipient of a document containing the information or

a custodian or other person who otherwise possessed or knew the information;
(h)

during their depositions, witnesses, and attorneys for witnesses, in

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

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party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they

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will not be permitted to keep any confidential information unless they sign the

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

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agreed by the Designating Party or ordered by the court. Pages of transcribed

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STIPULATED PROTECTIVE ORDER

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

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

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permitted under this Stipulated Protective Order; and
(i)

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any mediator or settlement officer, and their supporting personnel,

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

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Disclosure of “HIGHLY CONFIDENTIAL – ATORNEY’S EYES

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

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writing by the Designating Party, any information or item designated “HIGHLY

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CONFIDENTIAL – ATORNEY’S EYES ONLY” may only be disclosed to:

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(a) the Receiving Party’s Outside Counsel of Record in this action,

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provided that such Outside Counsel is not involved in competitive decision-making,

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as defined by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on

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behalf of a Party or a competitor of a Party, in this Action, as well as employees of

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

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information for this litigation and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);
(b) experts (as defined in this Order) of the Receiving Party to whom

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

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

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(c) the court and its personnel;

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(d) court reporters and their staff;

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(e) professional jury or trial consultants, mock jurors, and other

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professional vendors to whom disclosure is reasonably necessary for this litigation

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

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A);

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STIPULATED PROTECTIVE ORDER

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

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custodian or other person who otherwise possessed or knew the information;
(g) during their depositions, witnesses, and attorneys for witnesses, in the

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

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requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

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not be permitted to keep any confidential information unless they sign the

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

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agreed by the Designating Party or ordered by the court. Pages of transcribed

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

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

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permitted under this Stipulated Protective Order; and
(h) any mediator or settlement officer, and their supporting personnel,

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

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8.

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OTHER LITIGATION

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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

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

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

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“CONFIDENTIAL,” that Party must:

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(a)

promptly notify in writing the Designating Party. Such notification

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

promptly notify in writing the party who caused the subpoena or

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

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subpoena or order is subject to this Protective Order. Such notification shall include a

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copy of this Stipulated Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be

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

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

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STIPULATED PROTECTIVE ORDER

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or court order shall not produce any information designated in this action as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATORNEY’S EYES ONLY”

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before a determination by the court from which the subpoena or order issued, unless

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the Party has obtained the Designating Party’s permission. The Designating Party

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

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confidential material and nothing in these provisions should be construed as

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authorizing or encouraging a Receiving Party in this Action to disobey a lawful

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directive from another court.

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9.

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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

PRODUCED IN THIS LITIGATION
(a)

The terms of this Order are applicable to information produced by

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a Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEY’S EYES ONLY.” Such information produced by

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Non-Parties in connection with this litigation is protected by the remedies and relief

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

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prohibiting a Non-Party from seeking additional protections.

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(b)

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

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

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subject to an agreement with the Non-Party not to produce the Non-Party’s

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confidential information, then the Party shall:

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

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

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agreement with a Non-Party;

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

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

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specific description of the information requested; and

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(3) make the information requested available for inspection by the

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STIPULATED PROTECTIVE ORDER

Non-Party, if requested.

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

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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

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possession or control that is subject to the confidentiality agreement with

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the Non-Party before a determination by the court. Absent a court order to the

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contrary, the Non-Party shall bear the burden and expense of seeking protection
in this court of its Protected Material.

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10.

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

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

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

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writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

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to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

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persons to whom unauthorized disclosures were made of all the terms of this Order,

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and (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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PROTECTED MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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

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

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of the Receiving Parties are those set forth in Federal Rule of Civil Procedure

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26(b)(5)(B). This provision is not intended to modify whatever procedure may be

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established in an e-discovery order that provides for production without prior

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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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STIPULATED PROTECTIVE ORDER

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parties reach an agreement on the effect of disclosure of a communication or

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

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

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the court.

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12.

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

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person to seek its modification by the Court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of this

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MISCELLANEOUS

Protective Order no Party waives any right it otherwise would have to object to

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

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Stipulated Protective Order. Similarly, no Party waives any right to object on any

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ground to use in evidence of any of the material covered by this Protective Order.

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

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

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

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

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

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the public record unless otherwise instructed by the court.

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13.

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FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 4, within 60

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days of a written request by the Designating Party, each Receiving Party must return

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

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

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

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

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

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

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STIPULATED PROTECTIVE ORDER

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

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destroyed and (2) affirms that the Receiving Party has not retained any copies,

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

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of the Protected Material. Notwithstanding this provision, Counsel are entitled to

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

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

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

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

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constitute Protected Material remain subject to this Protective Order as set forth in

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Section 4 (DURATION).

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14.

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measures including, without limitation, contempt proceedings and/or monetary

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sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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

DATED: May 11, 2018

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By: /s/ L. Katie Machado
Gregory L. Doll
L. Katie Machado
Attorneys for Defendant,
AMAZON.COM, INC.

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STIPULATED PROTECTIVE ORDER

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DATED: May 11, 2018

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GRANT LAW, A PROFESSIONAL LAW
CORPORATION

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By: /s/ Richard L. Grant
Richard L. Grant
Attorneys for Plaintiff,
BAXTER, BAILEY, &
ASSOCIATES, INC.

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DATED: May 11, 2018

ROBINS KAPLAN LLP

DOLL AMIR & ELEY LLP

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By: /s/ Jason R. Fair
Jason R. Fair
Attorneys for Defendants,
LOGISTICES PLUC, INC.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
5/14/18
16 DATED: ________________________
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_____________________________________
HON. KENLY KIYA KATO
19 United States Magistrate Judge
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STIPULATED PROTECTIVE ORDER

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

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

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

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was issued by the United States District Court for the Central District of California

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on [date] in the case of ___________ [Baxter, Bailey, & Associates, Inc., LLC, et

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al. v. Amazon.com, Inc., et al., U.S. District Court Central District of California

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Case No. 5:18-cv-00348-SVW KK]. I agree to comply with and to be bound by all

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the terms of this Stipulated Protective Order and I understand and acknowledge that

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failure to so comply could expose me to sanctions and punishment in the nature of

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contempt. I solemnly promise that I will not disclose in any manner any

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information or item that is subject to this Stipulated Protective Order to any person

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or entity except in strict compliance with the provisions of this Order.

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

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

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

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I hereby appoint __________________________ [print or type full name] of

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_______________________________________ [print or type full address and

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

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

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Order.

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Date: ______________________________________

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City and State where sworn and signed: _________________________________

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Printed name: _______________________________

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Signature: __________________________________

STIPULATED PROTECTIVE ORDER

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PROOF OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the County of Los Angeles, State of California. I am over
the age of 18 years and not a party to the within action. My business address is 1888
4 Century Park East, Suite 1850, Los Angeles, California 90067.
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On May 11, 2018, I served the foregoing document described as STIPULATED
PROTECTIVE ORDER on the interested parties in this action by placing the original and/or a

6 true copy thereof enclosed in (a) sealed envelope(s), addressed as follows:
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SEE ATTACHED SERVICE LIST

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BY REGULAR MAIL: I deposited such envelope in the mail at 1888
Century Park East, Suite 1850, Los Angeles, California. The envelope was
mailed with postage thereon fully prepaid. I am “readily familiar” with the
firm’s practice of collection and processing correspondence for mailing. It is
deposited with the U.S. Postal Service on that same day in the ordinary course
of business. I am aware that on motion of the party served, service is
presumed invalid if postal cancellation date or postage meter date is more than
one (1) day after date of deposit for mailing in affidavit.

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D OLL A MIR & E LEY LLP

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BY FACSIMILE MACHINE: I transmitted a true copy of said document(s)
by facsimile machine, and no error was reported. Said fax transmission(s)
were directed as indicated on the service list.

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BY OVERNIGHT DELIVERY: I caused such documents to be delivered
overnight via an overnight delivery service in lieu of delivery by mail to the
addressees. The envelope or package was deposited with delivery fees thereon
fully prepaid.

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BY ELECTRONIC MAIL: I transmitted a true copy of said document(s) via
electronic mail, and no error was reported. Said email was directed as
indicated on the service list.

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

BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by
hand to the above addressee(s).
BY CM/ECF: I electronically transmitted a true copy of said document(s) to
the Clerk’s Office using the CM/ECF System for filing and transmittal of a
Notice of Electronic Filing to the aforementioned CM/ECF registrants.

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I declare that I am employed in the office of a member of the Bar of this Court,
23 at whose direction the service was made. I declare under penalty of perjury under the
laws of the State of California that the foregoing is true and correct.
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Executed on May 11, 2018, at Los Angeles, California.
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/s/ Genevieve Fenster
Genevieve Fenster

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PROOF OF SERVICE

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SERVICE LIST

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3 Richard L. Grant
GRANT LAW, A PROFESSIONAL
4 LAW CORPORATION
15375 Barranca Parkway, Suite A-208
5 Irvine, CA 92618

E: [e-mail]
Tel: [phone]
Fax: [phone]

6 Attorneys for Plaintiff
7 Baxter, Bailey, & Associates, Inc.

D OLL A MIR & E LEY LLP

8 Jason R. Fair
ROBINS KAPLAN LLP
9 2049 Century Park East, Suite 3400
10 Los Angeles, CA 90067

E: [e-mail]
Tel: [phone]
Fax: [phone]

11 Attorneys for Defendant
Logistics Plus, Inc.
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PROOF OF SERVICE