Oakley, Inc. v. Trillion Top Company Limited LLC

Filing 39

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. re Notice of Lodging 38 (vm)

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Michael K. Friedland (SBN 157,217)
[e-mail]
Lauren Keller Katzenellenbogen (SBN 223,370)
[e-mail]
Ali S. Razai (SBN 246,922)
[e-mail]
Daniel C. Kiang (SBN 307,961)
[e-mail]
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Fourteenth Floor
Irvine, CA 92614
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
OAKLEY, INC.
Otto O. Lee (SBN 173,987)
[e-mail]
Kevin Viau (SBN 275,556)
[e-mail]
INTELLECTUAL PROPERTY LAW GROUP LLP
12 South First Street, 12th Floor
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
TRILLION TOP COMPANY LIMITED LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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OAKLEY, INC., a Washington
corporation,

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Plaintiff,
v.
TRILLION TOP COMPANY
LIMITED LLC, a Hong Kong, S.A.R.
company,
Defendant.

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Civil Action No.
8:17-cv-01580-AG (MRWx)
STIPULATED PROTECTIVE
ORDER
Hon. Andrew J. Guilford

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1.

INTRODUCTION

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1.1

PURPOSES AND LIMITATIONS

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

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proprietary, or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation

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may be warranted. Accordingly, the parties hereby stipulate to and petition the

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Court to enter the following Stipulated Protective Order.

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acknowledge that this Order does not confer blanket protections on all

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disclosures or responses to discovery and that the protection it affords from

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

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

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parties further acknowledge, as set forth in Section 12.3, below, that this

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Stipulated Protective Order does not entitle them to file confidential information

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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

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from the court to file material under seal.

The parties

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1.2

GOOD CAUSE STATEMENT

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Federal Rule of Civil Procedure Rule 26(c)(7) permits the grant of a

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protective order upon a showing of good cause, and provides that the protection

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of a trade secret or other confidential commercial information is a proper basis

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for the issuance of a protective order.

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The parties respectfully believe that good cause exists to enter the instant

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Protective Order in order to protect confidential and trade secret information

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from public disclosure. The parties agree that disclosure and discovery activity

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in the above captioned action are likely to involve production of confidential,

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proprietary, trade secret and/or commercially sensitive information for which

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special protection from public disclosure and from use for any purpose other

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than prosecuting this litigation would be warranted. Such information likely
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may include trade secret or other confidential design, research, costing, pricing,

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marketing, financial or other commercial information as contemplated by

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Federal Rule of Civil Procedure 26(c)(7). This information and data that could

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be used by actual or potential competitors to gain an improper and unlawful

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competitive advantage in the marketplace. The purpose of this Protective Order

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

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litigation.

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2.

DEFINITIONS

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2.1

Action: this pending federal lawsuit.

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2.2

Challenging Party:

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a Party or Non-Party that challenges the

designation of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless

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

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protection under Federal Rule of Civil Procedure 26(c). As a general guideline,

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“CONFIDENTIAL” information is material that a producing party reasonably

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believes to constitute or include information that is not known or freely

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accessible to the general public in the categories of 1) confidential and trade

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secret technical information, 2) financial information, 3) personal information,

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or 4) information furnished to it in confidence by any third-party. There is a

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particularized need for information in each of these categories to be covered by

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the Order in order to protect its confidential nature, either because it is protected

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by confidentiality agreements or otherwise generally not known by the public.

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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

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

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as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY.”
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2.6

Disclosure or Discovery Material:

all items or information,

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

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

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

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in this matter.

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2.7

Expert: a person with specialized knowledge or experience in a

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

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

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2.8

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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Information or Items: extremely sensitive “CONFIDENTIAL” information or

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items, the disclosure of which to another party or non-party would result in the

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disclosure of information only known on a “need-to-know basis” and generally

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not known by individuals not affiliated with a party, including information in

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the categories of 1) trade secrets, 2) other highly sensitive research, 3)

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development, 4) production, 5) personnel, 6) commercial, 7) technical, 8)

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financial, 9) customer identification, or 10) business information (with

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information in these categories including but not limited to proprietary

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information, contracts, bids, corporate planning documents, strategic planning

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documents, documents that reveal market or customer analyses, competitive

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strategy, research and development documents, financial statements, and other

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financial or budgetary documents).

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information in each of these categories to be covered by the Order in order to

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protect its highly sensitive and confidential nature, as disclosure could create a

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substantial risk of serious harm that could not be avoided by less restrictive

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means.

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2.9

There is a particularized need for

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

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

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other outside counsel.
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2.10 Non-Party:

any natural person, partnership, corporation,

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

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

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

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

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

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any party to this Action, including all of its officers,

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

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Record (and their support staffs).
2.13 Producing Party: a Party or Non-Party that produces Disclosure or

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Discovery Material in this Action.

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2.14 Professional Vendors: persons or entities that provide litigation

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

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or demonstratives, and organizing, storing, or retrieving data in any form or

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

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designated

as

“CONFIDENTIAL”

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or

“HIGHLY CONFIDENTIAL

–

ATTORNEYS’ EYES ONLY.”
2.16 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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

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

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

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

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Any use of Protected Material at trial shall be governed by the orders of
the trial judge. This Order does not govern the use of Protected Material at trial.
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4.

DURATION

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Even after final disposition of this litigation, the confidentiality

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obligations imposed by this Order shall remain in effect until a Designating

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Party agrees otherwise in writing or a court order otherwise directs. Final

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disposition shall be deemed to be the later of (1) dismissal of all claims and

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

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after the completion and exhaustion of all appeals, rehearings, remands, trials, or

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

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applications for extension of time pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for

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

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

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specific material that qualifies under the appropriate standards. The Designating

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

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

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

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

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Mass, indiscriminate, or routinized designations are prohibited.

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

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

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

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inapplicable designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided

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

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otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies

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for protection under this Order must be clearly so designated before the material

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is disclosed or produced.
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Designation in conformity with this Order requires:

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(a)

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

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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 – ATTORNEYS’ EYES

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ONLY” (hereinafter “CONFIDENTIALITY legend”), to each page that

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contains protected material. If only a portion or portions of the material on a

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

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

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

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

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

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

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inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’

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

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

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portions thereof, qualify for protection under this Order.

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producing the specified documents, the Producing Party must affix the

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

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

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the Producing Party also must clearly identify the protected portion(s) (e.g., by

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making appropriate markings in the margins).

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(b)

Then, before

for testimony given in depositions that the Designating Party

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identify the Disclosure or Discovery Material on the record, the Designating

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Party shall specify all protected testimony and the level of protection being

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asserted. It may make that designation during the deposition or proceeding, or

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may invoke, on the record or by written notice to all parties on or before the

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next business day, a right to have up to 21 days from the date the transcript of
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the deposition or proceeding is made available to make its designation, pursuant

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to which all testimony shall be treated as “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” until the Designating Party specifies its

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designation or the 21-day period expires, whichever is earlier.
(c)

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for information produced in some form other than documentary and

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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

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the proper “CONFIDENTIALITY legend.” If only a portion or portions of the

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information warrants protection, the Producing Party, to the extent practicable,

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shall identify the protected portion(s).
5.3

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Inadvertent Failures to Designate.

If timely corrected, an

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

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

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

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

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with the provisions of this Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

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

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Scheduling Order.

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute

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resolution process (and, if necessary, file a discovery motion) under Local Rule

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37.1 et seq.

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6.3

The burden of persuasion in any such challenge proceeding shall be

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

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

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

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Party has waived or withdrawn the confidentiality designation, all parties shall
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continue to afford the material in question the level of protection to which it is

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

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challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material

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

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

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

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

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

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13 below (FINAL DISPOSITION).

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

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

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persons authorized under this Order.

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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,

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a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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(a)

the Receiving Party’s Outside Counsel of Record in this 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)

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professional jury or trial consultants, mock jurors, and Professional

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

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

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the author or recipient of a document containing the information or

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

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

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

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deposing party requests that the witness sign the form attached as Exhibit A

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

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

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

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Pages of transcribed deposition testimony or exhibits to depositions that reveal

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

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be disclosed to anyone except as permitted under this Stipulated Protective

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Order; and
(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 – ATTORNEYS’

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

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

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any

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ATTORNEYS’ EYES ONLY” only to:

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information

(a)

or

item designated

“HIGHLY

CONFIDENTIAL

–

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)

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 Professional

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

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

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the author or recipient of a document containing the information or

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

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and,

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(g)

any mediator or settlement officer, and their supporting personnel,

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

Procedures for Approving or Objecting to Disclosure of HIGHLY

CONFIDENTIAL – ATTORNEY EYES ONLY Material to Experts

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(a) A party seeking to disclose to an expert retained by outside counsel of

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record any information or item that has been designated HIGHLY

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CONFIDENTIAL – ATTORNEY EYES ONLY must first (1) set forth the full

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name of the expert and the city and state of his or her primary residence, (2)

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attach a copy of the expert’s current resume, (3) identify the expert’s current

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employer(s), (4) identify each person or entity from whom the expert has

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received compensation or funding for work in his or her areas of expertise

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(including in connection with litigation) in the past five years, and (5) identify

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(by name and number of the case, filing date, and location of court) any

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litigation where the expert has offered expert testimony, including by

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declaration, report, or testimony at deposition or trial, in the past five years. If

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the expert believes any of this information at (3) - (5) is subject to a

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confidentiality obligation to a third party, then the expert should provide

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whatever information the expert believes can be disclosed without violating any

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confidentiality agreements, and the party seeking to disclose the information to

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the expert shall be available to meet and confer with the designator regarding

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any such confidentiality obligations.

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(b) A party that makes a request and provides the information specified

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in paragraph 7.4(a) may disclose the designated material to the identified expert

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unless, within seven days of delivering the request, the party receives a written

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objection from the designator providing detailed grounds for the objection.

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(c) A Party that receives a timely written objection must meet and confer

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with the Designating Party (through direct voice-to-voice dialogue) to try to

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resolve the matter by agreement within seven days of the written objection. If no

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agreement is reached, the Party seeking to make the disclosure to the Expert

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may file a motion as provided under L.R. 37-1 through L.R. 37-4, seeking

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permission from the Court to do so.

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(d) In any such proceeding, the Party opposing disclosure to the Expert

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shall bear the burden of proving that the risk of harm that the disclosure would

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entail (under the safeguards proposed) outweighs the Receiving Party’s need to

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disclose the Protected Material to its Expert.

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8.

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PRODUCED IN OTHER LITIGATION

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PROTECTED MATERIAL SUBPOENAED OR ORDERED

If a Party is served with a subpoena or a court order issued in other
litigation that compels disclosure of any Protected Material, that Party must:
(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

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

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include a copy of this Stipulated Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.
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If the Party fails to seek a protective order from this court within 14 days

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of receiving the notice and accompanying information, the Receiving Party may

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produce the Designating Party’s confidential information responsive to the

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subpoena or court order. If the Designating Party timely seeks a protective

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order, the Party served with the subpoena or court order shall not produce any

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information designated in this action as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by

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

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the Designating Party’s permission.

The Designating Party shall bear the

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burden and expense of seeking protection in that court of its confidential

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

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

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another court.

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9.

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PRODUCED IN THIS LITIGATION

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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

(a)

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

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

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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

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remedies and relief provided by this Order. Nothing in these provisions should

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be construed as prohibiting a Non-Party from seeking additional protections.

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(b)

Such information

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

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

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

25

confidential information, then the Party shall:

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

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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

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reasonably specific description of the information requested; and
(3) make the information requested available for inspection by the

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Non-Party, if requested.
(c)

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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

10

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

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

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

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

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Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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disclosed Protected Material to any person or in any circumstance not

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authorized under this Stipulated Protective Order, the Receiving Party must

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immediately (a) notify in writing the Designating Party of the unauthorized

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

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Protected Material, (c) inform the person or persons to whom unauthorized

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disclosures were made of all the terms of this Order, (d) request such person or

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persons to execute the “Acknowledgment and Agreement to Be Bound” that is

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attached hereto as Exhibit A.

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11.

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PROTECTED MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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The Parties acknowledge that regardless of the diligence of any party, an

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inadvertent production of privileged or attorney work product documents may
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occur.

If a producing party, through inadvertence, produces or provides

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discovery that it reasonably believes is privileged or otherwise immune from

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discovery, the producing party may claw back the protected document by

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making a written request to the receiving party specifically identifying the

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protected document, including the date, author, addressees, and topic of the

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document, as well as a brief explanation substantiating the claim of privilege. If

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these conditions are met, the receiving party shall destroy or return to the

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producing party such inadvertently produced materials and all copies thereof

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within five (5) calendar days of receipt of the written request. The inadvertent

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production of privileged documents does not constitute a waiver of the privilege

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and the receiving party may not bring a motion to compel based on a waiver

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caused by the inadvertent production.

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constitute an admission or concession, or permit any inference, that the returned

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materials are, in fact, properly subject to a claim of privilege or immunity from

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discovery.

Return of the materials shall not

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When a Producing Party gives notice to Receiving Parties that certain

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inadvertently produced material is subject to a claim of privilege or other

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protection, the obligations of the Receiving Parties are those set forth in Federal

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Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

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whatever procedure may be established in an e-discovery order that provides for

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production without prior privilege review.

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12.

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

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

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

26

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

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this Stipulated Protective Order. Similarly, no Party waives any right to object
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1

on any ground to use in evidence of any of the material covered by this

2

Protective Order.

3

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

4

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

5

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

6

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

7

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

8

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

9

13.

FINAL DISPOSITION

10

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

11

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

12

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

13

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

14

copies, abstracts, compilations, summaries, and any other format reproducing or

15

capturing any of the Protected Material. Whether the Protected Material is

16

returned or destroyed, the Receiving Party must submit a written certification to

17

the Producing Party (and, if not the same person or entity, to the Designating

18

Party) by the 60 day deadline that (1) identifies (by category, where appropriate)

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

in Section 4 (DURATION).
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1

14.

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

2

contempt proceedings, financial or evidentiary sanctions, reference to

3

disciplinary authorities, or other appropriate action at the discretion of the Court.

4
5

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

6

Respectfully submitted,

7

KNOBBE, MARTENS, OLSON & BEAR, LLP

8
9

DATED: August 15, 2018

10
11
12

By: /s/ Lauren Keller Katzenellenbogen
Michael K. Friedland
Lauren Keller Katzenellenbogen
Ali S. Razai
Daniel C. Kiang
Attorneys for Plaintiff
OAKLEY, INC.

13
14

INTELLECTUAL PROPERTY LAW GROUP LLP

15
16
17

DATED: August 15, 2018

18

By: /s/ Otto O. Lee (with permission)
Otto O. Lee
Kevin Viau
Attorneys for Defendant
TRILLION TOP COMPANY LIMITED LLC

19
20
21
22
23

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

24
25
26
27

DATED: August 15, 2018
HON. MICHAEL R. WILNER
United States Magistrate Judge

28
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1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I,

4

___________________________________

5

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

6

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

7

Central District of California on [date] in the matter of Oakley, Inc. v. Trillion

8

Top Company Limited LLC, Civil Action No. 8:17-cv-01580-AG (MRWx). I

9

agree to comply with and to be bound by all the terms of this Stipulated

10

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

11

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

12

solemnly promise that I will not disclose in any manner any information or item

13

that is subject to this Stipulated Protective Order to any person or entity except

14

in strict compliance with the provisions of this Order.

______________________________

[full

name],

of

[full address], declare under

15

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

16

Court for the Central District of California for the purpose of enforcing the

17

terms of this Stipulated Protective Order, even if such enforcement proceedings

18

occur

19

__________________________

20

_______________________________________ [full address and telephone

21

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

22

action or any proceedings related to enforcement of this Stipulated Protective

23

Order.

24

Date: ______________

25

City and State where sworn and signed: _______________________________

after

termination

of

this

action.
[full

26
27

Printed name: _______________________________

28

Signature: __________________________________
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I

hereby
name]

appoint
of