PopSockets LLC v. GiftekTM LLC et al

Filing 47

STIPULATED PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick: See document for further information. (lwag)

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Michelle E. Armond (SBN 227,439)
[e-mail]
Justin J. Gillett (SBN 298,150)
[e-mail]
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street
Fourteenth Floor
Irvine, CA 92614
Phone: [phone]
Facsimile: [phone]
Benjamin T. Horton (Admitted pro hac vice)
[e-mail]
David N. Patariu (CA Bar No. 270708)
[e-mail]
MARSHALL GERSTEIN & BORUN LLP
6300 Willis Tower
233 S. Wacker Dr.
Chicago, IL 60606
Phone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
POPSOCKETS LLC
[Attorney for Defendants GIFTEKTM, LLC AND
ZOE OZVEREN listed on following page]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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)
)
)
Plaintiff,
)
)
v.
)
GIFTEKTM LLC and ZOE OZVEREN, )
)
)
Defendants.
)
)
AND RELATED COUNTERCLAIMS. )
)

POPSOCKETS LLC,

Civil Action No.
8:17-cv-01825-JVS (DFMx)
STIPULATED PROTECTIVE
ORDER
Hon. James V. Selna
Hon. Douglas F. McCormick

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Michael M. Ahmadshahi, Esq. (Bar No. 219933)
Email: [e-mail]
AHMADSHAHI LAW OFFICES
2030 Main Street, Suite 1300
Irvine CA 92614
Telephone: [phone]
Facsimile: 949.260.4996
Attomey for Defendants
GIFTEKTM, LLC AND ZOE OZVEREN

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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 may

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

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to enter the following Stipulated Protective Order. The parties acknowledge that

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

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

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only to the limited information or items that are entitled to confidential treatment

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under the applicable legal principles. The parties further acknowledge, as set forth

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in Section 13.3, below, that this Stipulated Protective Order does not entitle them

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to file confidential information under seal; Civil Local Rule 79-5 sets forth the

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procedures that must be followed and the standards that will be applied when a

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

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1.2. GOOD CAUSE STATEMENT

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

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

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proprietary information for which special protection from public disclosure and

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from use for any purpose other than prosecution of this action is warranted. Such

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confidential and proprietary materials and information consist of, among other

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things, confidential business or financial information, information regarding

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confidential business practices, or other confidential research, development, or

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commercial information (including information implicating privacy rights of

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third parties), information otherwise generally unavailable to the public, and

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information the disclosure of which is likely to cause harm to the competitive

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position of the entity from which the information was obtained, or which may be

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privileged or otherwise protected from disclosure under state or federal statutes,

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

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

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

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

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

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handling at the end of the litigation, and serve the ends of justice, a protective

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order for such information is justified in this matter. It is the intent of the parties

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

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

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

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be part of the public record of this case.

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2.

DEFINITIONS

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2.1 Action: Case No. 8:17-CV-01825-JVS-DFM

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

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of information or items under this Order.

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2.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

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

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the Good Cause Statement.

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2.4 Counsel (without qualifier): Outside Counsel of Record (as well as their
support staff).

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

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

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“CONFIDENTIAL,”

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CONFIDENTIAL – SOURCE CODE.”

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“ATTORNEYS’

EYES

ONLY,”

or

“HIGHLY

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

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

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(including, among other things, testimony, transcripts, and tangible things), that

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are produced or generated in disclosures or responses to discovery in this matter.

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

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

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

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2.8 “ATTORNEYS’ EYES ONLY” Information or Items: extremely

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

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Party or Non-Party would create a substantial risk of serious harm that could not

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be avoided by less restrictive means.

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2.9 “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or

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Items: extremely sensitive “Confidential Information or Items” representing

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computer code and associated comments and revision histories, formulas,

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engineering specifications, or schematics that define or otherwise describe in

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detail the structure and/or means of manufacture for a product, disclosure of

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which to another Party or Non-Party would create a substantial risk of serious

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harm that could not be avoided by less restrictive means. This definition includes

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product design engineering files, including but not limited to SolidWorks CAD

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computer files.

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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.

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

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

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their support staffs).
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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 demonstrations, and organizing, storing, or retrieving data in any form or

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medium) and their employees and subcontractors.

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2.15 Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL,” “ATTORNEYS’ EYES ONLY,” or

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“HIGHLY CONFIDENTIAL – SOURCE CODE.”
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

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

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4.

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

imposed by this Order shall remain in effect until a Designating Party agrees
otherwise in writing or a court order otherwise directs. Final disposition shall be
deemed to be the later of (1) dismissal of all claims and defenses in this Action,
with or without prejudice; and (2) final judgment herein after the completion and
exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
including the time limits for filing any motions or applications for extension of
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time pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL

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5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

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

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qualifies under the appropriate standards. The Designating Party must designate

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for protection only those parts of material, documents, items, or oral or written

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

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items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited.

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

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

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

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expose the Designating Party to sanctions.

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

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

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

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designation.

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5.2 Manner and Timing of Designations. Except as otherwise provided in

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

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stipulated or ordered, Disclosure or Discovery Material that qualifies for

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

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disclosed or produced. 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 the legend “CONFIDENTIAL,”

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

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

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

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

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the margins) and must specify, for each portion, the level of protection being

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asserted.

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

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

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Party has indicated which material 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 “ATTORNEYS’ EYES ONLY.” After the inspecting

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

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

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

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Party must affix the appropriate legend (“CONFIDENTIAL,” “ATTORNEYS’

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EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE”) to each

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page that contains Protected Material. If only a portion or portions of the material

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

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

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

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(b) for testimony given in deposition or in other pretrial or trial

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proceedings, that the Designating Party identify on the record, before the close of

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the deposition, hearing, or other proceeding, all protected testimony and specify

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

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each portion of testimony that is entitled to protection and it appears that

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substantial portions of the testimony may qualify for protection, the Designating

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Party may invoke on the record (before the deposition, hearing, or other

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proceeding is concluded) a right to have up to 21 days to identify the specific
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portions of the testimony as to which protection is sought and to specify the level

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

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appropriately designated for protection within the 21 days shall be covered by the

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provisions of this Protective Order. Alternatively, a Designating Party may

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specify, at the deposition or up to 21 days afterwards if that period is properly

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invoked, that the entire transcript shall be treated as “CONFIDENTIAL” or

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“ATTORNEYS’ EYES ONLY.”

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

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deposition, hearing, or other proceeding to include Protected Material so that the

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other parties can ensure that only authorized individuals who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those

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proceedings. The use of a document as an exhibit at a deposition shall not in any

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way affect its designation as “CONFIDENTIAL” or “ATTORNEYS’ EYES

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ONLY.”

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Transcripts containing Protected Material shall have an obvious legend on

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the title page that the transcript contains Protected Material, and the title page

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shall be followed by a list of all pages (including line numbers as appropriate)

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that have been designated as Protected Material and the level of protection being

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asserted by the Designating Party. The Designating Party shall inform the court

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reporter of these requirements. Any transcript that is prepared before the

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expiration of a 21-day period for designation shall be treated during that period

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as if it had been designated “ATTORNEYS’ EYES ONLY” in its entirety unless

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otherwise agreed. After the expiration of that period, the transcript shall be treated

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only as actually designated.

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

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

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the exterior of the container or containers in which the information or item is

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stored the legend “CONFIDENTIAL,” “ATTORNEYS’ EYES ONLY,” or
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“HIGHLY CONFIDENTIAL – SOURCE CODE.” If only a portion or portions

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of the information or item warrant protection, the Producing Party, to the extent

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practicable, shall identify the protected portion(s) and specify the level of

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protection being asserted.

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

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

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

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

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reasonable efforts to assure that the material is treated in accordance with the

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provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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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 Judicial Intervention. If the Parties cannot resolve a challenge without

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court intervention, the Challenging Party shall file and serve its Notice and the

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Parties’ joint Stipulation under L.R. 37-2.1challenging the designation (and in

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compliance with Civil Local Rule 79-5, if applicable).

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

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

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

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

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

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

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

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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

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

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

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

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

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Receiving Party must comply with the provisions of section 14 below (FINAL

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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 persons

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authorized under this Order.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

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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 well

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

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necessary to disclose the information for this Action;

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(b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this litigation;

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

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disclosure is reasonably necessary for this litigation 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, mediators, 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 litigation and who

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

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(f) during their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the “Acknowledgment and Agreement

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to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or

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ordered by the court. Pages of transcribed deposition testimony or exhibits to

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depositions that reveal Protected Material must be separately bound by the court

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reporter and may not be disclosed to anyone except as permitted under this

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Protective Order.

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(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.
(h) other persons with written permission of the Designating Party and who
have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
7.3

Disclosure of “ATTORNEYS’ EYES ONLY” and “HIGHLY

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CONFIDENTIAL – SOURCE CODE” Information or Items. Unless otherwise

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

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Party may disclose any information or item designated “ATTORNEYS’ EYES

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ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” only to:

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

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partners, associates, secretaries, paralegal assistants, and employees of such

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counsel to the extent reasonably necessary to render professional services in the

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action, outside copying services, document management services and graphic

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services;

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(b) Experts of the Receiving Party (1) to whom disclosure is reasonably

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necessary for this litigation, (2) who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);

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(c) the court and its personnel;

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(d) mediators, court reporters and their staff, professional jury or trial

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consultants, mock jurors, and Professional Vendors to whom disclosure is
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reasonably necessary for this litigation; and
(e) the author or recipient of a document containing the information or a

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custodian or other person who otherwise possessed or knew the information.
(f) other persons with written permission of the Designating Party and who

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

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8.

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SOURCE CODE
(a)

To the extent production of source code becomes necessary in this

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case, a Producing Party may designate source code as “HIGHLY

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CONFIDENTIAL – SOURCE CODE” if it comprises or includes confidential,

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proprietary or trade secret source code. Source code includes, but is not limited

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to CAD, Solidworks, and other types of design and modeling files.

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(b)

Protected Material designated as “HIGHLY CONFIDENTIAL –

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SOURCE CODE” shall be subject to all of the protections afforded to

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“ATTORNEYS’ EYES ONLY” information and may be disclosed only to the

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individuals to whom “ATTORNEYS’ EYES ONLY” information may be

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disclosed, as set forth in Paragraph 7.3.

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(c)

Any source code produced in discovery shall be made available for

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inspection, in a format allowing it to be reasonably reviewed and searched, during

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normal business hours or at other mutually agreeable times, at an office of the

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Producing Party’s counsel or another mutually agreed upon location. The source

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code shall be made available for inspection on a secured computer in a secured

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room without Internet access or network access to other computers, and the

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Receiving Party shall not copy, remove, or otherwise transfer any portion of the

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source code onto any recordable media or recordable device. The Producing Party

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may visually monitor the activities of the Receiving Party’s representatives

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during any source code review, but only to ensure that there is no unauthorized

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recording, copying, or transmission of the source code.

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(d) The Receiving Party may request paper copies of limited portions of

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source code that are reasonably necessary for the preparation of court filings,

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pleadings, expert reports, or other papers, or for deposition or trial, but shall not

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request paper copies for the purpose of reviewing the source code other than

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electronically as set forth in paragraph (c) in the first instance. The Producing

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Party shall provide all such source code in paper form, including bates numbers

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and the label “HIGHLY CONFIDENTIAL – SOURCE CODE.” The Producing

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Party may challenge the amount of source code requested in hard copy form

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pursuant to the dispute resolution procedure and timeframes set forth in Paragraph

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6 whereby the Producing Party is the “Challenging Party” and the Receiving Party

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is the “Designating Party” for purposes of dispute resolution.

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(e) The Receiving Party shall maintain a record of any individual who has

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inspected any portion of the source code in electronic or paper form. The

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Receiving Party shall maintain all paper copies of any printed portions of the

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source code in a secured, locked area. The Receiving Party shall not create any

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electronic or other images of the paper copies and shall not convert any of the

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information contained in the paper copies into any electronic format. The

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Receiving Party shall only make additional paper copies if such additional copies

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are (1) necessary to prepare court filings, pleadings, or other papers (including a

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testifying expert’s expert report), (2) necessary for deposition, or (3) otherwise

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necessary for the preparation of its case. Any paper copies used during a

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deposition shall be retrieved by the Producing Party at the end of each day and

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must not be given to or left with a court reporter or any other unauthorized

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individual.

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9.

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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

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

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“CONFIDENTIAL,”

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CONFIDENTIAL – SOURCE CODE,” that Party must:

EYES

ONLY,”

or

“HIGHLY

(a) promptly notify in writing the Designating Party. Such notification shall

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“ATTORNEYS’

include a copy of the subpoena or court order;

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

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

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

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include a copy of this Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued

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by the Designating Party whose Protected Material may be affected.

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

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

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this action as “CONFIDENTIAL,” “ATTORNEYS’ EYES ONLY.” or

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“HIGHLY CONFIDENTIAL – SOURCE CODE” before a determination by the

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

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

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expense of seeking protection in that court of its confidential material – and

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nothing in these provisions should be construed as authorizing or encouraging a

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

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10.

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PRODUCED IN THIS LITIGATION

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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(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,” “ATTORNEYS’

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EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE.” Such

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

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

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

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additional protections.

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

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

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

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confidential information, then the Party shall:
1.

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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

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confidentiality agreement with a Non-Party;
2.

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promptly provide the Non-Party with a copy of the Protective Order

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in this litigation, the relevant discovery request(s), and a reasonably

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specific description of the information requested; and
3.

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make the information requested available for inspection by the NonParty.

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

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

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

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

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

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

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Protected Material.

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11.

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 authorized

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under this Stipulated Protective Order, the Receiving Party must immediately (a)

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1

notify in writing the Designating Party of the unauthorized disclosures, (b) use its

2

best efforts to retrieve all unauthorized copies of the Protected Material, (c)

3

inform the person or persons to whom unauthorized disclosures were made of all

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

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

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A.

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12.

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OTHERWISE PROTECTED MATERIAL

INADVERTENT

PRODUCTION

OF

PRIVILEGED

OR

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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. Pursuant to Federal Rule of Evidence

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

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of a communication or information covered by the attorney-client privilege or

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work product protection, the parties may incorporate their agreement in the

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stipulated protective order submitted to the court.

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13.

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

person to seek its modification by the Court in the future.
13.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective Order no Party waives any right it otherwise would have to object to
disclosing or producing any information or item on any ground not addressed in
this Stipulated Protective Order. Similarly, no Party waives any right to object on
any ground to use in evidence of any of the material covered by this Protective
Order.
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1

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

2

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

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

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

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

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

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14.

FINAL DISPOSITION

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

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

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return all Protected Material to the Producing Party or destroy such material. As

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used in this subdivision, “all Protected Material” includes all copies, abstracts,

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compilations, summaries, and any other format reproducing or capturing any of

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

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the Receiving Party must submit a written certification to the Producing Party

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

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deadline that (1) identifies (by category, where appropriate) all the Protected

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Material that was returned or destroyed and (2) affirms that the Receiving Party

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has not retained any copies, abstracts, compilations, summaries or any other

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format reproducing or capturing any of the Protected Material. Notwithstanding

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this provision, Counsel are entitled to retain an archival copy of all pleadings,

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motion papers, trial, deposition, and hearing transcripts, legal memoranda,

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correspondence, deposition and trial exhibits, expert reports, attorney work

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

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

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Material remain subject to this Protective Order as set forth in Section 4

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(DURATION).

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///

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///
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1

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

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Respectfully submitted,

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KNOBBE, MARTENS, OLSON & BEAR, LLP

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Dated: February 13, 2018

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By: /s/ Michelle E. Armond
Michelle E. Armond
Justin J. Gillett
MARSHALL GERSTEIN & BORUN LLP
Benjamin T. Horton
David N. Patariu

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Attorneys for Plaintiff
POPSOCKETS LLC

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AHMADSHAHI LAW OFFICES

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Dated: February 13, 2018

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By: /s/ Michael M. Ahmadshahi (with permission)
Michael M. Ahmadshahi
Attomey for Defendants
GIFTEKTM, LLC AND ZOE OZVEREN

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IT IS SO ORDERED.

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Dated: February 15, 2018
Honorable Douglas F. McCormick
United States Magistrate Judge

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1

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, ______________________________________________ [full name],

4

of

5

address], declare under penalty of perjury that I have read in its entirety and

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understand the Stipulated Protective Order that was issued by the United States

7

District

8

_____________________[date] in the case of PopSockets LLC v. GiftekTM LLC

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_____________________________________________________

Court

for

the

Central

District

of

California

[full

on

et al., Case No.: 8:17-CV-01825-JVS-DFM. I agree to comply with and to be
bound by all the terms of this Stipulated Protective Order and I understand and
acknowledge that failure to so comply could expose me to sanctions and
punishment in the nature of contempt. I solemnly promise that I will not disclose
in any manner any information or item that is subject to this Stipulated Protective
Order to any person or entity except in strict compliance with the provisions of
this Order. I further agree to submit to the jurisdiction of the United States District
Court for the Central District of California for the purpose of enforcing the terms

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

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after termination of this action.

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I hereby appoint __________________________ [full name] of

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___________________________________________ [full address and

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

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

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Protective Order.

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Date: ______________________________________

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City and State where signed: _________________________________

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Printed name: _______________________________

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Signature: __________________________________

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27583736

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