The Boeing Company v. Able Aerospace Adhesives, Inc. et al

Filing 52

STIPULATED PROTECTIVE ORDER by Magistrate Judge Karen E. Scott 51 . (twdb)

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1 2 3 4 5 6 7 8 9 10 Christopher M. Ledford, Cal. Bar No. 255902 CLedford@perkinscoie.com PERKINS COIE LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Telephone: 206.359.8000 Facsimile: 206.359.9000 Marlena M. Moore, Cal. Bar No. 301544 MMoore@perkinscoie.com PERKINS COIE LLP 1888 Century Park East, Suite 1700 Los Angeles, CA 90067 Telephone: 310.788.9900 Facsimile: 310.788.3399 Attorneys for Plaintiff The Boeing Company 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 THE BOEING COMPANY, 15 Plaintiff, 16 17 18 19 20 21 22 v. Case No. 8:17-cv-00296-AG (KESx) STIPULATED PROTECTIVE ORDER; AND [PROPOSED] ORDER THEREON DESAI-AIRE, INC., dba ABLE AEROSPACE ADHESIVES, ALFAKLEEN CHEMICAL LABS, INC., PRIVATE BRAND MANUFACTURING, LLC, and DOES 2-10, Defendants, AND RELATED CROSS-ACTIONS. 23 24 25 26 27 28 8:17-cv-00296-AG (KESx) -1- STIPULATED PROTECTIVE ORDER 136626909.1 1 WHEREAS, Plaintiff The Boeing Company, Defendant Desai-Aire, Inc., dba 2 Able Aerospace Adhesives, and Defendant Private Brand Manufacturing, LLC 3 (collectively, “the Parties”) each contemplate that discovery in the above-captioned 4 action (the “Action”) will involve the exchange of information, and the production 5 of documents and other materials by the Parties, additional defendants who may 6 appear in this action, and third-parties, which may contain information in the nature 7 of personal information, trade secrets, export-controlled information or documents, 8 or information otherwise of a confidential, regulated, or proprietary nature, as 9 described more fully below; and 10 WHEREAS, in order to establish procedures that would, among other things, 11 protect the Parties from public disclosure of such personal information, trade 12 secrets, export-controlled information or documents, or information otherwise of a 13 confidential, regulated, or proprietary nature that might result in damage to the 14 Parties or to a third-party, the Parties agree to limit the disclosure and dissemination 15 of personal information, trade secrets, export-controlled information or documents, 16 or information otherwise of a confidential, regulated, or proprietary nature that are 17 in the possession, custody, or control of one of the Parties or a third-party, while at 18 the same time allowing the Parties to obtain discovery thereof under the terms and 19 conditions set forth below; 20 WHEREAS, a protective order will also expedite the flow of discovery 21 materials, protect the integrity of truly confidential or regulated information, 22 promote the prompt resolution of disputes over confidentiality, and facilitate the 23 preservation of material worthy of protection. 24 WHEREAS, the Parties hereto have stipulated to the terms and conditions of 25 this Agreed Protective Order (the “Protective Order”) through their undersigned 26 counsel; 27 28 8:17-cv-00296-AG (KESx) -2- STIPULATED PROTECTIVE ORDER 136626909.1 1 WHEREAS, this Stipulated Protective Order draws from this Court’s 2 “Standing Protective Order,” but modifies certain terms to fit the peculiarities of 3 this case; 4 IT IS HEREBY ORDERED THAT: 5 1. Scope and Application of Protective Order. This Protective Order 6 shall govern any document, information or other material that is designated as 7 containing “Confidential Information,” “Highly Confidential‒Attorney’s Eyes Only 8 Information,” or "Export Controlled Information" as defined herein, and is 9 produced in connection with this litigation by any person or entity (the “producing 10 Party” or “designating Party”), whether in response to a discovery request, 11 subpoena or otherwise, to any other person or entity (the “Receiving Party”) 12 regardless of whether the person or entity producing or receiving the “Confidential 13 Information,” “Highly Confidential‒Attorney’s Eyes Only Information,” and/or 14 "Export Controlled Information" is a Party to this litigation. This Order does not 15 confer blanket protections on all disclosures or responses to discovery, and the 16 protection it gives from public disclosure and use extends only to the specific 17 material entitled to confidential treatment under the applicable legal principles. 18 This Protective Order does not automatically authorize the filing under seal of 19 material designated under this Protective Order. Instead, the Parties must comply 20 with L.R. 79-5.1 if they seek to file anything under seal. This Protective Order 21 does not govern the use at trial of material designated under this Protective Order. 22 23 2. Definitions. 2.1. Confidential Information. “Confidential Information” shall 24 mean and include, without limitation, any information that concerns or relates to 25 private, confidential and proprietary information, including but not limited to 26 personally identifiable information; confidential medical or employment 27 information; trade secrets; non-public commercial, financial, pricing, budgeting 28 and/or accounting information; non-public information about existing and potential -3STIPULATED PROTECTIVE ORDER 136626909.1 1 customers; marketing studies, performance and projections; formulas, including 2 their development and design; non-public business strategies, decisions and/or 3 negotiations; personnel compensation, evaluations and other employment 4 information; and confidential proprietary information about affiliates, parents, 5 subsidiaries and third-parties with whom the Parties to this action have or have had 6 business relationships. A protective order is warranted, and there is good cause for 7 such treatment for these categories of information because such information derives 8 value from not being publicly known, and public disclosure of such information 9 would lead to serious and unwarranted injury. 10 2.2 Highly Confidential‒Attorneys’ Eyes Only Information. 11 “Highly Confidential‒Attorneys’ Eyes Only Information” shall mean extremely 12 sensitive “Confidential Information” concerning business trade secrets or business 13 sensitive materials, disclosure of which to another Party or non-party would create a 14 substantial risk of serious harm that could not be avoided by less restrictive means. 15 2.3 Export Controlled Information. "Export Controlled 16 Information" shall mean information that is subject to the requirements of the 17 Export Administration Regulations (“EAR”), 15 C.F.R. §§ 730, et seq., and/or the 18 International Traffic in Arms Regulations ("ITAR"), 22 C.F.R. §§ 120, et seq. Such 19 information may be contained in documents that the Parties furnish in this case 20 related to dual use commodities, technology, or software, or defense articles. A 21 protective order is warranted, and there is good cause for special treatment of these 22 categories of information because federal law subjects such information to specific 23 rules related to designation, use, access, and disclosure, and imposes civil and 24 criminal penalties for violations. 25 2.4. Documents. As used herein, the term “documents” includes all 26 writings, records, files, drawings, graphs, charts, photographs, e-mails, video tapes, 27 audio tapes, compact discs, electronically stored information, electronic messages, 28 -4STIPULATED PROTECTIVE ORDER 136626909.1 1 other data compilations from which information can be obtained and other tangible 2 things subject to production under the Federal Rules of Civil Procedure. 3 4 3. Initial Designation. 3.1. Good Faith Claims. Claims of confidentiality or export 5 controlled status will be made only with respect to documents, other tangible 6 things, electronically stored information, and information that the asserting Party 7 has a good faith belief are within the definitions set forth in subparagraphs 2.1, 2.2 8 and 2.3 of this Protective Order. Objections to such claims made pursuant to 9 paragraph 5 shall also be made only in good faith. 10 Any party or non-party who designates information or items for protection 11 under this Order must only designate specific material that qualifies under the 12 defined standards. To the extent practicable, only those parts of documents, items, 13 or oral or written communications that require protection shall be designated. 14 Designations with a higher confidentiality level when a lower level would suffice 15 are prohibited. Mass, indiscriminate, or routinized designations are prohibited. 16 Unjustified designations expose the designator to sanctions, including the Court 17 striking all confidentiality designations made by that designator. Designation under 18 this Order is allowed only if the designation is necessary to protect material that, if 19 disclosed to persons not authorized to view it, would cause competitive or other 20 recognized harm or would violate requirements of the EAR and/or ITAR. Material 21 may not be designated if it has been made public, or if the designation is otherwise 22 unnecessary to protect a secrecy interest. If a designator learns that information or 23 items that it designated for protection do not qualify for protection at all or do not 24 qualify for the level of protection initially asserted, that designator must promptly 25 notify all parties that it is withdrawing the mistaken designation. 26 3.2. Produced Documents. A Party producing documents that it 27 believes constitute or contain Confidential Information, Highly Confidential‒ 28 Attorneys’ Eyes Only Information or Export Controlled Information shall produce -5STIPULATED PROTECTIVE ORDER 136626909.1 1 copies bearing a label that contains or includes language substantially identical to 2 the following: 3 4 CONFIDENTIAL: Subject to Protective Order in Case No. 8:17-cv00296 in the District Court for the Central District of California 5 6 7 8 9 10 11 12 13 14 or HIGHLY CONFIDENTIAL‒ATTORNEYS’ EYES ONLY: Subject to Protective Order in Case No. 8:17-cv-00296 in the District Court for the Central District of California or EXPORT CONTROLLED INFORMATION: Subject to Protective Order in Case No. 8:17-cv-00296 in the District Court for the Central District of California or CONFIDENTIAL AND EXPORT CONTROLLED INFORMATION: Subject to Protective Order in Case No. 8:17-cv-00296 in the District Court for the Central District of California 15 16 17 18 or HIGHLY CONFIDENTIAL‒ATTORNEYS’ EYES ONLY AND EXPORT CONTROLLED INFORMATION: Subject to Protective Order in Case No. 8:17-cv-00296 in the District Court for the Central District of California 19 20 The label shall be affixed in a manner that does not obliterate or obscure the 21 contents of the copies. If any person or Party makes copies of documents 22 designated as containing Confidential, Highly Confidential‒Attorneys’ Eyes Only 23 or Export Controlled Information, the copying person or Party shall mark each such 24 copy as containing Confidential, Highly Confidential‒Attorneys’ Eyes Only or 25 Export Controlled Information in the same form as the notice on the original 26 document. 27 28 -6STIPULATED PROTECTIVE ORDER 136626909.1 1 A Party producing documents that are stored on electronic, magnetic, optical 2 or other non-paper media, such as compact discs, DVD’s, video tapes and audio 3 tapes (collectively, “data storage devices”) shall designate the data storage device 4 as containing Confidential, Highly Confidential‒Attorneys’ Eyes Only or Export 5 Controlled Information, by affixing a label or stamp to the data storage device in 6 the manner described above at the time copies of such data storage devices are 7 produced. If the receiving Party or other persons or entities to whom disclosure is 8 authorized pursuant to subparagraphs 7.1 and 8.1 make a copy of any data storage 9 device designated by the producing Party as containing Confidential, Highly 10 Confidential‒Attorneys’ Eyes Only or Export Controlled Information, the receiving 11 Party or other authorized person shall mark each such copy as containing 12 Confidential, Highly Confidential‒Attorneys’ Eyes Only or Export Controlled 13 Information in the same form as the notice on the original data storage device 14 produced. If the receiving Party or other authorized person prints out or otherwise 15 makes copies of the documents or information stored on such data storage device, 16 the receiving Party or other authorized person shall mark each page so copied with 17 the label or stamp specified in subparagraph 3.2. 18 The Parties have a responsibility to ensure that Export Controlled 19 Information in their possession, custody or control is not made public. To prevent 20 public disclosure of Export Controlled Information, the Parties agree to follow the 21 procedure outlined in this paragraph before any document is “exported,” as that 22 term is described in 15 C.F.R. § 730.5(c) or 22 C.F.R. § 120.17, or otherwise made 23 public. Counsel hereby certifies that they and their personnel who receive Export 24 Controlled Information are and will be U.S. Persons as defined by U.S. export 25 control laws and regulations (hereafter “U.S. Persons”), that they will store all 26 Export Controlled Information in a manner such that access is restricted only to 27 U.S. Persons, and that no Export Controlled Information will be physically 28 transported outside U.S. territory. Before furnishing any document (including any -7STIPULATED PROTECTIVE ORDER 136626909.1 1 written discovery, and any deposition transcript) to a non-U.S. Person, including by 2 publicly filing the document with the Court, counsel shall determine whether the 3 document bears a label indicating that such document contains Export Controlled 4 Information. Counsel may seek assistance from counsel for Plaintiff regarding 5 Export Control designations, in which case counsel for Plaintiff shall provide the 6 requested determination within ten (10) business days, or as soon as reasonably 7 possible under the circumstances. If a particular document is determined to contain 8 Export Controlled Information, counsel for the Parties shall take all steps necessary 9 to ensure that the document or information is used and accessed in accordance with 10 the EAR, 15 C.F.R. §§ 730, et seq., and/or ITAR, 22 C.F.R. §§ 120, et seq., and 11 disclosed only to U.S. Persons or as otherwise permitted under U.S. law. 12 3.3. Interrogatory Answers. If a Party answering an interrogatory 13 believes that its answer contains Confidential, Highly Confidential‒Attorneys’ Eyes 14 Only or Export Controlled Information, it shall set forth that answer in a separate 15 document that is produced and designated as Confidential, Highly Confidential‒ 16 Attorneys’ Eyes Only or Export Controlled Information in the same manner as a 17 produced document under subparagraph 3.2. The answers to interrogatories should 18 make reference to the separately-produced document containing the answer, but 19 such document should not be attached to the interrogatories. 20 21 3.4. Deposition Transcripts. No person except those permitted 22 access to Confidential, Highly Confidential‒Attorneys’ Eyes Only and/or Export 23 Controlled Information by this Order can attend depositions when Confidential, 24 Highly Confidential‒Attorneys’ Eyes Only and/or Export Controlled Information 25 is, respectively, disclosed, and the parties shall give advance notice to one another 26 if they expect a deposition to include such material. The use of a document as an 27 exhibit in deposition shall not affect its designation. If portions of the deposition 28 testimony are designated as subject to some level of protection under this Order, -8STIPULATED PROTECTIVE ORDER 136626909.1 1 they should be so designated at the time of the deposition itself, or by letter to the 2 Court reporter and opposing counsel within 21 days of the date of the deposition. 3 Transcripts containing designated material shall have a legend on the title page 4 noting the presence of designated material, and shall contain a list of all pages (and 5 line numbers if appropriate) that have been designated under this Order and the 6 level of protection being asserted. Until that 21 day period has elapsed, any 7 transcript prepared of the deposition shall be considered as Highly Confidential‒ 8 Attorneys’ Eyes Only and Export Controlled Information. After the expiration of 9 the 21-day period, the transcript shall be treated only as actually designated. 10 3.5. Multipage Documents. A Party may designate all pages of an 11 integrated, multipage document, including a deposition transcript and interrogatory 12 answers, as Confidential, Highly Confidential‒Attorneys’ Eyes Only or Export 13 Controlled Information by placing the label specified in subparagraph 3.2 on the 14 first page of the document. If a Party wishes to designate only certain portions of 15 an integrated, multipage document as Confidential, Highly Confidential‒Attorneys’ 16 Eyes Only or Export Controlled Information, it should designate such portions 17 immediately below the label on the first page of the document and place the 18 applicable labels specified in subparagraph 3.2 on each page of the document 19 containing Confidential, Highly Confidential‒Attorneys’ Eyes Only or Export 20 Controlled Information. 21 22 4. Designations by Another Party. 4.1. Notification of Designation. If a Party other than the producing 23 Party believes that a producing Party has produced a document that contains or 24 constitutes Confidential, Highly Confidential‒Attorneys’ Eyes Only or Export 25 Controlled Information of the non-producing Party, the non-producing Party may 26 designate the document as Confidential, Highly Confidential‒Attorneys’ Eyes Only 27 or Export Controlled Information by so notifying all Parties in writing within 120 28 days of service of the document. -9STIPULATED PROTECTIVE ORDER 136626909.1 1 4.2. Return of Documents. Whenever a Party other than the 2 producing Party designates a document produced by a producing Party as 3 Confidential, Highly Confidential‒Attorneys’ Eyes Only or Export Controlled 4 Information in accordance with subparagraph 4.1, each Party receiving the 5 document shall either add the Confidential, Highly Confidential‒Attorneys’ Eyes 6 Only or Export Controlled Information designation in accordance with 7 subparagraph 3.2 or substitute a copy of the document bearing such designation for 8 each copy of the document produced by the producing Party. Each Party shall 9 destroy all undesignated copies of the document or return those copies to the 10 producing Party, at the direction of the producing Party. 11 4.3. Nondisclosure. No Party shall disclose a produced document to 12 any person, other than the persons authorized to receive Confidential, Highly 13 Confidential‒Attorneys’ Eyes Only or Export Controlled Information under 14 subparagraphs 7.1 and 8.1, until after the expiration of the 120 day designation 15 period specified in subparagraph 4.1. If during the 120 day designation period a 16 Party discloses an undesignated document to a person authorized to receive 17 Confidential, Highly Confidential‒Attorneys’ Eyes Only or Export Controlled 18 Information under subparagraphs 7.1, 7.2 and 8.1, and that document is 19 subsequently designated as Confidential, Highly Confidential‒Attorneys’ Eyes 20 Only or Export Controlled Information in accordance with subparagraph 4.1, the 21 disclosing Party shall cause all copies of the document to be destroyed or returned 22 to the producing Party, at the direction of the producing Party. The Party may 23 thereafter disclose a copy of the document that has been marked as Confidential, 24 Highly Confidential‒Attorneys’ Eyes Only or Export Controlled Information by the 25 designating Party, in accordance with subparagraphs 3.2, 7.1, 7.2 and 8.1. 26 27 5. Objections to Designations. All challenges to confidentiality designations shall proceed under L.R. 37-1 through L.R. 37-4. 28 -10STIPULATED PROTECTIVE ORDER 136626909.1 1 6. Custody. All Confidential, Highly Confidential‒Attorneys’ Eyes Only 2 or Export Controlled Information and any and all copies, extracts and summaries 3 thereof, including memoranda relating thereto, shall be retained by the receiving 4 Party in the custody of counsel of record, or by persons to whom disclosure is 5 authorized under subparagraphs 7.1,7.2 and 8.1. 6 7 7. Handling of Confidential Information Prior to Trial. 7.1. Authorized Disclosures of Confidential Information. 8 Confidential Information shall be disclosed by the receiving Party only to the 9 following persons: 10 a. Counsel for the Parties in this litigation, including their associates, clerks, paralegals, and secretarial personnel; b. Qualified persons taking testimony in this litigation involving such Confidential Information, and necessary stenographic, videotape and clerical personnel; c. Actual and potential deposition and trial witnesses in this Action; d. Experts and their staff who are consulted by counsel for a Party in this litigation; e. Parties to this litigation, limited to the named Party and, if that Party is a corporate entity, a limited number of employees of the corporate entity and its insurers; f. Designated in-house counsel and a limited number of assistants, administrative or otherwise; g. Outside vendors employed by counsel for copying, scanning and general handling of documents; and h. The Court hearing this litigation and the Court’s staff, subject to the Court’s processes for filing materials under seal. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Such disclosures are authorized only to the extent necessary to investigate, 27 prosecute, or defend the litigation. With respect to Export Controlled Information, 28 -11STIPULATED PROTECTIVE ORDER 136626909.1 1 the persons in categories (a)-(h) must be U.S. Persons or otherwise permitted access 2 to such information under U.S. law. 3 7.2. Authorized Disclosures of Highly Confidential‒Attorneys’ 4 Eyes Only Information. Highly Confidential‒Attorneys’ Eyes Only Information 5 shall be disclosed by the receiving Party only to the following persons: 6 a. The receiving Party’s in-house counsel and outside counsel of record 7 in this action, as well as employees of said in-house counsel and 8 outside counsel of record to whom it is reasonably necessary to 9 disclose the information for this litigation; 10 b. Experts of the Receiving Party (1) to whom disclosure is reasonably 11 necessary for this litigation, and (2) for whom the Receiving Party 12 confirms in writing to the designating Party the following: “I, counsel 13 for [name of Receiving Party] hereby confirm: (a) that I will be 14 disclosing information or items designated Highly Confidential – 15 Attorney’s Eyes Only Information to an expert retained by my office; 16 (b) that the general categories of such information or items to be 17 disclosed are [insert description]; (c) that I deem in good faith that 18 disclosure of such information or items is reasonably necessary for this 19 litigation; (d) that I have and will retain in my possession a document 20 or documents containing the expert’s full name, address, resume, and 21 name of current employer; (e) that before disclosing such information 22 or items to this expert I provided the expert with a general description 23 of such information or items and the expert assured me that receipt of 24 such information or items would not create any conflicts of interest for 25 the expert with any other persons or entities for whom the expert has 26 provided services; and (f) the expert has been provided with a copy of 27 this Protective Order and has signed the attached Declaration of 28 agreement to be bound”; -12STIPULATED PROTECTIVE ORDER 136626909.1 1 c. The court and its personnel; 2 d. Court reporters and their staff, professional jury or trial consultants, 3 and professional vendors to whom disclosure is reasonably necessary 4 for this litigation; and 5 e. The author or recipient of a document containing the information or a 6 custodian or other person who otherwise possessed or knew the 7 information. 8 Such disclosures are authorized only to the extent necessary to investigate, 9 prosecute, or defend the litigation. With respect to Export Controlled Information, 10 the persons in categories (a)-(e) must be U.S. Persons or otherwise permitted access 11 to such information under U.S. law. 12 13 7.3 Acknowledgement of Protective Order. Confidential Information 14 may not be disclosed to persons under subparagraphs 7.1(c), 7.1(d), and 7.1(e), and 15 Highly Confidential‒Attorneys’ Eyes Only Information may not be disclosed to 16 persons under subparagraphs 7.2(a), 7.2(b), and 7.2(d), until the receiving Party has 17 obtained a written acknowledgment from the person receiving Confidential or 18 Highly Confidential‒Attorneys’ Eyes Only Information, in the form attached hereto 19 as Appendix A, that he or she has received a copy of this Order and has agreed to 20 be bound by it. A Party who discloses Confidential Information in accordance with 21 subparagraphs 7.1(c),7.1(d), and 7.1(e) or Highly Confidential‒Attorneys’ Eyes 22 Only Information in accordance with subparagraphs 7.2(a), 7.2(b), and 7.2(d), shall 23 retain the written acknowledgment from each person receiving Confidential or 24 Highly Confidential‒Attorneys’ Eyes Only Information, shall maintain a list of all 25 persons to whom a receiving Party has disclosed Confidential or Highly 26 Confidential‒Attorneys’ Eyes Only Information, and shall furnish the written 27 acknowledgements and disclosure list to the Court for in camera review upon its 28 request or order. Furnishing the written acknowledgements and disclosure list to -13STIPULATED PROTECTIVE ORDER 136626909.1 1 the Court shall not constitute a waiver of the attorney work product or attorney- 2 client privilege. 3 7.4. Disclosure to Competitors. Before disclosing Confidential 4 Information or Highly Confidential‒Attorneys’ Eyes Only Information to any 5 authorized person who is receiving or within the previous five years has received 6 compensation from a competitor of the designating Party, the Party wishing to 7 make such disclosure shall give at least 14 days’ notice in writing to the designating 8 Party, stating the name and address of the competitor, and identifying with 9 particularity the documents to be disclosed. If, within the 14 day period, a motion 10 is filed objecting to the proposed disclosure, disclosure is not authorized unless and 11 until the Court orders otherwise. For purposes of this Protective Order, 12 “competitor” is defined as any person or entity that designs, manufactures, 13 assembles or supplies products for aerial refueling systems or aircraft fuel systems 14 (“competitive products”) or components of competitive products. 15 7.5. Unauthorized Disclosures. All persons receiving Confidential 16 or Highly Confidential‒Attorneys’ Eyes Only Information under the terms of this 17 Order agree to the jurisdiction of this Court for all matters arising from the 18 improper disclosure or use of such Confidential or Highly Confidential‒Attorneys’ 19 Eyes Only Information. If Confidential or Highly Confidential‒Attorneys’ Eyes 20 Only Information is disclosed to any person other than in the manner authorized by 21 this Protective Order, the Party or person responsible for the disclosure, and any 22 other Party or person who is subject to this Order and learns of such disclosure, 23 shall immediately bring such disclosure to the attention of the designating Party. 24 Without prejudice to other rights and remedies of the designating Party, the 25 responsible Party or person shall make every effort to obtain the return of the 26 Confidential or Highly Confidential‒Attorneys’ Eyes Only Information and to 27 prevent further disclosure on its own part or on the part of the person who was the 28 unauthorized recipient of such information. -14STIPULATED PROTECTIVE ORDER 136626909.1 1 7.6. Court Filings. Without written permission from the designator 2 or a Court order, a party may not file in the public record in this action any 3 designated material. A party seeking to file under seal any designated material 4 must comply with L.R. 79-5.1-5.3. Filings may be made under seal only pursuant 5 to a court order authorizing the sealing of the specific material at issue. The fact 6 that a document has been designated under this Protective Order is insufficient to 7 justify filing under seal. Because a party other than the designator will often be 8 seeking to file designated material, cooperation between the parties in preparing, 9 and in reducing the number and extent of, requests for under seal filings is essential. 10 If a receiving party’s request to file designated material under seal pursuant to L.R. 11 79-5.1 is denied by the Court, then the receiving party may file the material in the 12 public record unless (1) the designator seeks reconsideration within four days of 13 the denial, or (2) as otherwise instructed by the Court. 14 15 8. Handling of Export Controlled Information Prior to Trial 8.1. The Parties have a responsibility to ensure that Export 16 Controlled Information in their possession, custody or control is used in accordance 17 with the EAR, 15 C.F.R. §§ 730, et seq., and/or ITAR, 22 C.F.R. §§ 120, et seq. To 18 prevent unauthorized use of Export Controlled Information, the parties agree to 19 follow the procedure outlined in this paragraph. 20 21 22 i. Export Controlled Information disclosed in this action will be used only for the purposes of this action. ii. Counsel or another individuals authorized to receive 23 Export Controlled Information will not disclose, export, or transfer, in any manner, 24 Export Controlled Information to any foreign person except as permitted by U.S. 25 law, and will not transport any such document outside of U.S. territory, without 26 prior written approval of the Bureau of Industry and Security, the United States 27 Department of State, or other appropriate U.S. government department or agency, 28 except as permitted by U.S. law. -15STIPULATED PROTECTIVE ORDER 136626909.1 1 iii. Before disclosing any Export Controlled Information to 2 any person, counsel shall require such third person to execute a non-disclosure 3 agreement in the form attached hereto as Appendix A. 4 5 iv. The Parties will file an application to file under seal all documents that contain Export Controlled Information. 6 8.2. Access to Export Controlled Information. The Parties and the 7 Court have a responsibility to ensure that access to Export Controlled Information 8 in their possession, custody or control is restricted to authorized persons in 9 accordance with the EAR, 15 C.F.R. §§ 730, et seq., and/or ITAR, 22 C.F.R. §§ 10 120, et seq. To prevent unauthorized access of Export Controlled Information, the 11 Parties agree to follow the procedure outlined in this paragraph. 12 i. All documents containing Export Controlled Information 13 shall be placed in a secure file or room with access limited to those persons 14 identified in subparagraphs 7.1 and 7.2 of this Protective Order who are U.S. 15 Persons. 16 ii. If documents containing Export Controlled Information 17 are scanned and stored in a computer, access to such electronic files shall be limited 18 to those persons identified in subparagraphs 7.1 and 7.2 of this Protective Order 19 who are U.S. Persons. 20 iii. In the event that counsel or another individual authorized 21 to receive Export Controlled Information anticipates that Export Controlled 22 Information will be disclosed to the Court, including at any hearing or at trial, the 23 Parties agree to confer and, if necessary, to discuss with the Court the proper 24 safeguards to avoid an export violation. 25 9. Care in Storage. Any person in possession of Confidential, Highly 26 Confidential‒Attorneys’ Eyes Only or Export Controlled Information produced by 27 another Party shall exercise reasonable and appropriate care with regard to the 28 storage, custody, copying, and use of the Confidential, Highly Confidential‒ -16STIPULATED PROTECTIVE ORDER 136626909.1 1 Attorneys’ Eyes Only or Export Controlled Information to ensure that the 2 confidential and sensitive nature of same is maintained. 3 10. No Implied Waivers. The entry of this Protective Order shall not be 4 interpreted as a waiver of the right to object, under applicable law, to the furnishing 5 of information in response to discovery requests or to object to a requested 6 inspection of documents or facilities. Parties producing Confidential, Highly 7 Confidential‒Attorneys’ Eyes Only or Export Controlled Information in this 8 litigation are doing so only pursuant to the terms of this Order. Neither the 9 agreement to, or the taking of any action in accordance with the provisions of this 10 Protective Order, nor the failure to object thereto, shall be interpreted as a waiver of 11 any claim or position or defense in this action, or any other actions. 12 11. No Admission. Neither this Order nor the designation of any item as 13 Confidential Information, Highly Confidential‒Attorneys’ Eyes Only Information 14 or Export Controlled Information shall be construed as an admission that such 15 material, or any testimony concerning such material, would be admissible in 16 evidence in this litigation or in any other proceeding. 17 12. Inadvertent Failure to Designate as Confidential, Highly Confidential‒ 18 Attorneys’ Eyes Only or Export Controlled. The inadvertent and/or unintentional 19 failure to designate any information as Confidential, Highly Confidential‒ 20 Attorneys’ Eyes Only or Export Controlled in accordance with this Protective Order 21 shall not be deemed a waiver in whole, or in part, of a Party’s claim of 22 confidentiality or status as export controlled. In the event of the disclosure of such 23 information, the information shall be designated as Confidential, Highly 24 Confidential‒Attorneys’ Eyes Only or Export Controlled Information by the Party 25 as soon as reasonably possible after the Party becomes aware of the disclosure and 26 such information shall thereafter be treated as Confidential, Highly Confidential‒ 27 Attorneys’ Eyes Only or Export Controlled Information subject to this Protective 28 Order. -17STIPULATED PROTECTIVE ORDER 136626909.1 1 13. Inadvertent Disclosure of Privileged Documents or Information. When 2 a producing party gives notice that certain inadvertently produced material is 3 subject to a claim of privilege or other protection, the obligations of the receiving 4 parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 5 14. Parties’ Own Documents. This Protective Order shall in no way 6 restrict the Parties in their use of their own documents and information, and nothing 7 in this Order shall preclude any Party from voluntarily disclosing its own 8 documents or information, provided, however, that a voluntary public disclosure by 9 the designating Party shall, unless such disclosure was inadvertent, remove any 10 11 confidentiality restrictions thereafter for the Receiving Party. 15. Motion to Compel Production of Confidential, Highly Confidential‒ 12 Attorneys’ Eyes Only, or Export Controlled Information. If any third-party serves a 13 Party to this action with a subpoena to produce any Confidential, Highly 14 Confidential‒Attorneys’ Eyes Only or Export Controlled Information, such Party 15 shall object to the subpoena as required by this Protective Order and shall 16 immediately notify the Parties who originally produced and/or designated such 17 Confidential, Highly Confidential‒Attorneys’ Eyes Only or Export Controlled 18 Information that a subpoena has been served in order to allow the Parties who 19 originally produced and/or designated such Confidential, Highly Confidential‒ 20 Attorneys’ Eyes Only or Export Controlled Information the opportunity to oppose 21 any subsequent motion to compel. In addition, if a Party is ordered to produce 22 Confidential, Highly Confidential‒Attorneys’ Eyes Only or Export Controlled 23 Information covered by this Protective Order, notice and, if available, a copy of the 24 order compelling disclosure shall immediately be given the Parties who originally 25 produced and/or designated such Confidential, Highly Confidential‒Attorneys’ 26 Eyes Only or Export Controlled Information. Nothing in this Agreed 27 Confidentiality and Protective Order shall be construed as requiring the Party who 28 is ordered to produce such Confidential, Highly Confidential‒Attorneys’ Eyes Only -18STIPULATED PROTECTIVE ORDER 136626909.1 1 or Export Controlled Information to challenge or appeal any order requiring the 2 production of such Confidential, Highly Confidential‒Attorneys’ Eyes Only or 3 Export Controlled Information or to subject himself/herself to any penalty for non- 4 compliance with any legal process or seek any relief from the Court. 5 16. No Effect on Other Rights. This Order shall in no way abrogate or 6 diminish any pre-existing contractual, statutory, or other legal obligations or rights 7 of any Party with respect to Confidential, Highly Confidential‒Attorneys’ Eyes 8 Only or Export Controlled Information. 9 17. Modification. In the event any Party hereto seeks a Court order to 10 modify the terms of this Order, said Party shall make such request by written 11 stipulation or noticed motion to all Parties that must be served and filed in 12 accordance with local court rules. 13 18. Binding upon Execution. The Parties agree that this Protective Order 14 shall be binding upon execution by the Parties and shall be effective between them 15 even in the event that the Court declines to enter the Protective Order. 16 19. Handling upon Conclusion of Litigation. All Parties, counsel, and 17 persons to whom disclosure was made are ordered to return all Confidential, Highly 18 Confidential‒Attorneys’ Eyes Only or Export Controlled Information to the 19 designating Party within 90 days of the conclusion of litigation. In addition, 20 counsel shall certify in writing that all such Confidential, Highly Confidential‒ 21 Attorneys’ Eyes Only or Export Controlled Information has been returned. Counsel 22 for each Party also shall contact each person to whom that Party has provided a 23 copy of any Confidential, Highly Confidential‒Attorneys’ Eyes Only or Export 24 Controlled Information and request the documents be returned. In lieu of returning 25 Confidential, Highly Confidential‒Attorneys’ Eyes Only or Export Controlled 26 Information, the person or Party in possession of such Confidential, Highly 27 Confidential‒Attorneys’ Eyes Only or Export Controlled Information may elect to 28 destroy it. If the person or Party in possession of Confidential, Highly -19STIPULATED PROTECTIVE ORDER 136626909.1 1 Confidential‒Attorneys’ Eyes Only or Export Controlled Information elects to 2 destroy it rather than return it, that person or Party must notify the designating Party 3 in writing of the destruction of the Confidential, Highly Confidential‒Attorneys’ 4 Eyes Only or Export Controlled Information within 90 days of the conclusion of 5 litigation. 6 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD 8 9 Dated: ___________, 2017 Dated: ____________, 2017 ________________________________ Christopher M. Ledford Cal. Bar No. 255902 CLedford@perkinscoie.com PERKINS COIE LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Telephone: 206.359.8000 Facsimile: 206.359.9000 ________________________________ David B. Simpson Cal. Bar No. 106326 dave@wolfsim.com Adam N. Bouayad Cal. Bar No. 248087 adam@wolfsim.com WOLFLICK & SIMPSON 130 North Brand Boulevard Suite 410 Glendale, CA 91203 Telephone: 818-243-8300 Facsimile: 243-0122 10 11 12 13 14 15 16 17 18 19 20 21 22 Marlena M. Moore Cal. Bar No. 301544 MMoore@perkinscoie.com PERKINS COIE LLP 1888 Century Park East, Suite 1700 Los Angeles, CA 90067 Telephone: 310.788.9900 Facsimile: 310.788.3399 Attorneys for Defendant Desai-Aire, Inc., dba Able Aerospace Adhesives 23 24 Attorneys for Plaintiff The Boeing Company 25 26 27 28 -20STIPULATED PROTECTIVE ORDER 136626909.1 1 Dated: ____________, 2017 2 ________________________________ Stefanie G. Field Cal. Bar No. 181646 Stefanie.Field@greshamsavage.com GRESHAM, SAVAGE. NOLAN & TILDEN, LLP 3403 Tenth Street, Suite 700 Riverside, CA 92501 Telephone: (951) 684-2171 Facsimile: (951) 685-2750 3 4 5 6 7 8 9 10 Attorneys for Defendant Private Brand Manufacturing, LLC 11 12 13 14 15 16 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. Dated: October 16, 2017 17 18 ____________________________ 19 HON. KAREN E. SCOTT 20 United States Magistrate Judge 21 22 23 24 25 26 27 28 -21STIPULATED PROTECTIVE ORDER 136626909.1 1 APPENDIX A 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 14 THE BOEING COMPANY, Plaintiff, 15 16 17 18 19 v. DESAI-AIRE, INC., dba ABLE AEROSPACE ADHESIVES, ALFAKLEEN CHEMICAL LABS, INC., PRIVATE BRAND MANUFACTURING, LLC, and DOES 2-10, 20 Case No. 8:17-cv-00296 DECLARATION OF ____________ REGARDING AGREED CONFIDENTIALITY PROTECTIVE ORDER Defendants. 21 22 I, ________________________, declare that: 23 1. 24 ___________________________________________________________________ 25 ___________________________________________________________________ 26 _____________________ 27 2. My present employer is __________________________________________. 28 3. I have received a copy of the Protective Order entered in this litigation. My address is ________________________________________ 8:17-cv-00296-AG (KESx) -22- STIPULATED PROTECTIVE ORDER 136626909.1 1 4. 2 agree to comply with all of the provisions of the Protective Order and not to reveal 3 or otherwise communicate to anyone any of the documents, materials or 4 information that is designated “Confidential Information,” “Highly Confidential‒ 5 Attorneys’ Eyes Only Information” or "Export Controlled Information" and that is 6 disclosed to me, except in accordance with the terms of said Protective Order. I 7 further agree not to make use of any documents, information or materials 8 designated as Confidential Information or Highly Confidential‒Attorneys’ Eyes 9 Only Information pursuant to the Protective Order other than for the purpose of this I have carefully read and understand the provisions of the Protective Order. I 10 litigation. 11 5. 12 entitled to receive such information under paragraphs 7.1 or 7.2 of the Protective 13 Order entered in this litigation, all documents, information and other materials 14 designated as Confidential or Highly Confidential‒Attorneys’ Eyes Only 15 Information (including summaries, notes, abstracts, indices or copies of such 16 Confidential or Highly Confidential‒Attorneys’ Eyes Only Information) that is 17 disclosed to me. 18 6. 19 “Export Controlled Information,” I confirm I am a U.S. person, as that term is set 20 forth in 22 C.F.R. § 120.15, and that I will not knowingly disclose, export, or 21 transfer, in any manner, such Export Controlled Information to any non-U.S. 22 Person, and will not transport or cause to be transported any such Export Controlled 23 Information outside the territory of the United States, without prior written approval 24 of the Bureau of Industry and Security, United States Department of State, or other 25 appropriate U.S. government department or agency. 26 7. 27 days after the termination of this litigation all Confidential, Highly Confidential‒ 28 Attorneys’ Eyes Only and/or Export Controlled Information and summaries, notes, I will hold in confidence and not disclose to anyone, other than the persons If the Discovery Material I am to receive includes material designated I also agree to destroy or return to counsel of record not later than ninety (90) -23STIPULATED PROTECTIVE ORDER 136626909.1 1 abstracts, indices or copies of such Confidential or Highly Confidential‒Attorneys’ 2 Eyes Only Information, which come into my possession, and documents or things 3 which I have prepared relating thereto. 4 8. 5 Court for the Central District of California for the purpose of enforcing the 6 Protective Order, including any contempt of court proceeding. 7 8 I hereby expressly submit to the jurisdiction of the United States District I declare under penalty of perjury that the foregoing is true and correct. Dated __________________, 20___ 9 _______________________________ _ (signature) 10 11 12 _______________________________ _ Printed Name 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -24- STIPULATED PROTECTIVE ORDER 136626909.1

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