The Authentic Entrepreneur, LLC, et al v. Lions Not Sheep Apparel, LLC, et al

Filing 41

PROTECTIVE ORDER 40 by Magistrate Judge John D. Early. (see document for details) (hr)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

) Case No. 8:18-cv-00239-AG (JDEx)
)
)
) PROTECTIVE ORDER
)
)
)
)
)
)
)
v.
)
)
)
Lions Not Sheep Apparel, LLC, a
Utah Limited Liability Corporation, )
)
FORGE YOUR POTENTIAL, LLC, )
)
an Idaho Limited Liability
)
Corporation, and SEAN WHALEN, )
)
an Individual, and DOES 1-10,
)
inclusive,
)
)
Defendants.
The Authentic Entrepreneur, LLC, a
California Limited Liability
Corporation, DBA Wake Up
Warrior, and Garrett White, an
individual,
Plaintiff,

Based upon the Stipulation of the parties (Dkt. 40), and good cause
appearing therefor, the Court FINDS and ORDERS as follows:

25

1.

PURPOSES AND LIMITATIONS

26

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

27

proprietary or private information for which special protection from public

28

disclosure and from use for any purpose other than pursuing this litigation may

1

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

2

Court to enter the following Stipulated Protective Order. The parties

3

acknowledge that this Order does not confer blanket protections on all

4

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

5

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

6

are entitled to confidential treatment under the applicable legal principles.

7

2.

8

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

9

GOOD CAUSE STATEMENT

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

10

and/or proprietary information for which special protection from public

11

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

12

warranted. Such confidential and proprietary materials and information

13

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

14
15
16
17
18
19
20
21
22
23
24
25
26

information regarding confidential business practices, or other confidential
research, development, or commercial information (including information
implicating privacy rights of third parties), information otherwise generally
unavailable to the public, or which may be privileged or otherwise protected
from disclosure under state or federal statutes, court rules, case decisions, or
common law. Accordingly, to expedite the flow of information, to facilitate the
prompt resolution of disputes over confidentiality of discovery materials, to
adequately protect information the parties are entitled to keep confidential, to
ensure that the parties are permitted reasonable necessary uses of such material
in preparation for and in the conduct of trial, to address their handling at the
end of the litigation, and serve the ends of justice, a protective order for such
information is justified in this matter. It is the intent of the parties that

27

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

28

nothing be so designated without a good faith belief that it has been
2

1

maintained in a confidential, non-public manner, and there is good cause why

2

it should not be part of the public record of this case.

3

In addition, the parties are currently competitors in the same industry.

4

This action is likely to involve discovery and disclosure of documents,

5

materials, testimony, and other information containing or disclosing trade

6

secrets and other confidential and proprietary commercial information of the

7

parties to the action, including confidential and commercially sensitive

8

information relating to marketing plans, business strategies, goods and services

9

capabilities, sales, costs, pricing, profitability, customers, suppliers, and other

10

business and financial data or information, which, if disclosed to the parties

11

themselves, will pose a significant risk of injury to the legitimate business

12

interests of the disclosing party. As such, there is good cause for such certain

13

documents, materials, testimony or other information to be further restricted

14
15
16
17
18
19
20
21
22
23
24
25
26

from the parties’ themselves and to be viewed only by the parties’ respective
outside counsel.
3.

ACKNOWLEDGMENT OF UNDER SEAL FILING
PROCEDURE

The parties further acknowledge, as set forth in Section 14.3, below, that
this Stipulated Protective Order does not entitle them to file confidential
information under seal; Local Civil Rule 79-5 sets forth the procedures that
must be followed and the standards that will be applied when a party seeks
permission from the court to file material under seal. There is a strong
presumption that the public has a right of access to judicial proceedings and
records in civil cases. In connection with non-dispositive motions, good cause
must be shown to support a filing under seal. See Kamakana v. City and

27

County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.

28

Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
3

1

Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated

2

protective orders require good cause showing), and a specific showing of good

3

cause or compelling reasons with proper evidentiary support and legal

4

justification, must be made with respect to Protected Material that a party

5

seeks to file under seal. The parties’ mere designation of Disclosure or

6

Discovery Material as CONFIDENTIAL or HIGHLY CONFIDENTIAL –

7

OUTSIDE COUNSEL’S EYES ONLY does not— without the submission of

8

competent evidence by declaration, establishing that the material sought to be

9

filed under seal qualifies as confidential, privileged, or otherwise protectable—

10
11

constitute good cause.
Further, if a party requests sealing related to a dispositive motion or trial,

12

then compelling reasons, not only good cause, for the sealing must be shown,

13

and the relief sought shall be narrowly tailored to serve the specific interest to

14
15
16
17
18
19
20
21
22
23
24
25
26
27

be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th
Cir. 2010). For each item or type of information, document, or thing sought to
be filed or introduced under seal, the party seeking protection must articulate
compelling reasons, supported by specific facts and legal justification, for the
requested sealing order. Again, competent evidence supporting the application
to file documents under seal must be provided by declaration.
Any document that is not confidential, privileged, or otherwise
protectable in its entirety will not be filed under seal if the confidential portions
can be redacted. If documents can be redacted, then a redacted version for
public viewing, omitting only the confidential, privileged, or otherwise
protectable portions of the document, shall be filed. Any application that seeks
to file documents under seal in their entirety should include an explanation of
why redaction is not feasible.

28
4

1

4.

DEFINITIONS

2

4.1

Action: The Authentic Entrepreneur, LLC, a California Limited

3

Liability Corporation v. Lions Not Sheep Apparel, LLC and Sean Whalen,

4

Case No. 8:18-cv-00239-AG-JDE.

5
6
7

4.2

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

designation of information or items under this Order.
4.3

“CONFIDENTIAL” Information or Items: information

8

(regardless of how it is generated, stored or maintained) or tangible things that

9

qualify for protection under Federal Rule of Civil Procedure 26(c), and as

10
11

specified above in the Good Cause Statement.
4.4

“HIGHLY CONFIDENTIAL–OUTSIDE COUNSEL’S EYES

12

ONLY” information or items shall mean extremely sensitive confidential

13

information or items, for which the disclosure of the information or items to

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

another Party or Non-Party would create a substantial risk of serious harm that
could not be avoided by less restrictive means.
4.5

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

as their support staff).
4.6

“Outside Counsel” shall mean attorneys who are not employees of

a Party, but who have been retained to represent or advise a Party to this
Action and have appeared in this Action on behalf of that Party or are
affiliated with a law firm that has appeared on behalf of that Party.
4.7

Designating Party: a Party or Non-Party that designates

information or items that it produces in disclosures or in responses to discovery
as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL–OUTSIDE
COUNSEL’S EYES ONLY”
4.8

Disclosure or Discovery Material: all items or information,

regardless of the medium or manner in which it is generated, stored, or
5

1

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

2

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

3

4.9

Expert: a person with specialized knowledge or experience in a

4

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

5

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

6

4.10

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

7

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

8

other outside counsel.

9
10
11

4.11 Non-Party: any natural person, partnership, corporation,
association or other legal entity not named as a Party to this action.
4.12 Party: any party to this Action, including all of its officers,

12

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

13

Record (and their support staffs).

14
15
16
17
18
19
20
21
22
23
24
25

4.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
4.14 Professional Vendors: persons or entities that provide litigation
support services (e.g., photocopying, videotaping, translating, preparing
exhibits or demonstrations, and organizing, storing, or retrieving data in any
form or medium) and their employees and subcontractors.
4.15 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL–
OUTSIDE COUNSEL’S EYES ONLY.”
4.16

Receiving Party: a Party that receives Disclosure or Discovery

Material from a Producing Party.

26
27
28
6

1

5.

SCOPE

2

The protections conferred by this Stipulation and Order cover not only

3

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

4

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

5

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

6

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

7

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

8

the trial judge and other applicable authorities. This Order does not govern the

9

use of Protected Material at trial.

10

6.

11

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

DURATION

12

CONFIDENTIAL or “HIGHLY CONFIDENTIAL–OUTSIDE

13

COUNSEL’S EYES ONLY” or maintained pursuant to this protective order

14
15
16
17
18
19
20
21
22
23
24
25
26

used or introduced as an exhibit at trial becomes public and will be
presumptively available to all members of the public, including the press,
unless compelling reasons supported by specific factual findings to proceed
otherwise are made to the trial judge in advance of the trial. See Kamakana,
447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing
documents produced in discovery from “compelling reasons” standard when
merits-related documents are part of court record). Accordingly, the terms of
this protective order do not extend beyond the commencement of the trial.
7.

DESIGNATING PROTECTED MATERIAL

7.1

Exercise of Restraint and Care in Designating Material for
Protection. Each Party or Non-Party that designates information

or items for protection under this Order must take care to limit any such

27

designation to specific material that qualifies under the appropriate standards.

28

The Designating Party must designate for protection only those parts of
7

1

material, documents, items or oral or written communications that qualify so

2

that other portions of the material, documents, items or communications for

3

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

4

of this Order.

5

Mass, indiscriminate or routinized designations are prohibited.

6

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

7

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

8

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

9

expose the Designating Party to sanctions.

10

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

11

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

12

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

13

inapplicable designation.

14
15
16
17
18
19
20
21
22
23
24
25
26

7.2

Manner and Timing of Designations. Except as otherwise

provided in this Order, or as otherwise stipulated or ordered, Disclosure of
Discovery Material that qualifies for protection under this Order must be
clearly so designated before the material is disclosed or produced.
Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic
documents, but excluding transcripts of depositions or other pretrial or trial
proceedings), that the Producing Party affix at a minimum, the legend
“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or the legend
“HIGHLY CONFIDENTIAL–OUTSIDE COUNSEL’S EYES ONLY”
(hereinafter “AEO legend”) to each page that contains protected material. If
only a portion of the material on a page qualifies for protection, the Producing

27

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

28

appropriate markings in the margins).
8

1

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

2

inspection need not designate them for protection until after the inspecting

3

Party has indicated which documents it would like copied and produced.

4

During the inspection and before the designation, all of the material made

5

available for inspection shall be deemed “HIGHLY CONFIDENTIAL–

6

OUTSIDE COUNSEL’S EYES ONLY.” After the inspecting Party has

7

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

8

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

9

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

10

Producing Party must affix the “CONFIDENTIAL legend” or the “AEO

11

legend” to each page that contains Protected Material. If only a portion of the

12

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

13

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

14

in the margins).

15
16
17
18
19
20
21
22
23
24
25
26

(b) for testimony given in depositions that the Designating Party
identifies the Disclosure or Discovery Material on the record, before the close
of the deposition all protected testimony.
(c) for information produced in some form other than
documentary and for any other tangible items, that the Producing Party affix
in a prominent place on the exterior of the container or containers in which the
information is stored the legend “CONFIDENTIAL” or the AEO legend. If
only a portion or portions of the information warrants protection, the
Producing Party, to the extent practicable, shall identify the protected
portion(s).
7.3

Inadvertent Failures to Designate. If timely corrected, an

27

inadvertent failure to designate qualified information or items does not,

28

standing alone, waive the Designating Party’s right to secure protection under
9

1

this Order for such material. Upon timely correction of a designation, the

2

Receiving Party must make reasonable efforts to assure that the material is

3

treated in accordance with the provisions of this Order.

4

8.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

5

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

6

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

7

Scheduling Order.

8
9
10
11
12
13
14
15
16
17
18
19
20

8.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37-1 et seq.
8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
joint stipulation pursuant to Local Rule 37-2.
8.4 The burden of persuasion in any such challenge proceeding shall be
on the Designating Party. Frivolous challenges, and those made for an
improper purpose (e.g., to harass or impose unnecessary expenses and burdens
on other parties) may expose the Challenging Party to sanctions. Unless the
Designating Party has waived or withdrawn the confidentiality designation, all
parties shall continue to afford the material in question the level of protection
to which it is entitled under the Producing Party’s designation until the Court
rules on the challenge.

21

9.

ACCESS TO AND USE OF PROTECTED MATERIAL

22

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

23

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

24

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

25

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

26

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

27
28
10

1

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

2

15 below (FINAL DISPOSITION).

3

Protected Material must be stored and maintained by a Receiving Party

4

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

5

persons authorized under this Order.

6

9.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

7

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

8

Party, a Receiving Party may disclose any information or item designated

9

“CONFIDENTIAL” only to:

10

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

11

Action, as well as employees of said Outside Counsel of Record to whom it is

12

reasonably necessary to disclose the information for this Action;

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

(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 disclosure is reasonably necessary for this Action and who have signed
the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and for
whom the requirements of section 9.4 have been satisfied.
(d) the court and its personnel;
(e) court reporters and their staff;
(f) professional jury or trial consultants, mock jurors, and
Professional Vendors to whom disclosure is reasonably necessary for this
Action and who have signed the “Acknowledgment and Agreement to Be
Bound” (Exhibit A);
(g) the author or recipient of a document containing the
information or a custodian or other person who otherwise possessed or knew
11

1

the information;
(h) during their depositions, witnesses, and attorneys for witnesses,

2
3

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

4

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

5

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

6

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

7

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

8

Pages of transcribed deposition testimony or exhibits to depositions that reveal

9

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

10

be disclosed to anyone except as permitted under this Stipulated Protective

11

Order; and

12
13
14
15
16
17
18
19
20
21
22
23

(i) any mediators or settlement officers and their supporting
personnel, mutually agreed upon by any of the parties engaged in settlement
discussions.
9.3

COUNSEL’S EYES ONLY” Information or Items. Unless otherwise ordered
by the Court or permitted in writing by the Designating Party, a Receiving
Party may disclose any information or item designated of “HIGHLY
CONFIDENTIAL–OUTSIDE COUNSEL’S EYES ONLY” only to:
(a) the Receiving Party’s Outside Counsel in this Action, as well
as employees of said Outside Counsel to whom it is reasonably necessary to
disclose the information for the litigation of this Action;
(b) Experts of the Receiving Party to whom disclosure is

24
25
26
27

Disclosure of “HIGHLY CONFIDENTIAL–OUTSIDE

reasonably necessary for this litigation, who have reviewed and signed the
Acknowledgment and for whom the requirements of section 9.4 have been
satisfied;

28
12

(c) any neutral retained in connection with alternative dispute

1
2

resolution proceedings related to this litigation;
(d) any court or other shorthand reporter or typist recording or

3
4

transcribing testimony and its personnel;

5

(e) jury consultants who have signed the Acknowledgment;

6

(f) Professional Vendors to whom disclosure is reasonably

7

necessary for the litigation of this Action; and

8
9

(g) the author or recipient of a document containing the
information or a custodian or other person who otherwise possessed or knew

10

the information.

11

9.4

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

The following procedures shall apply for approving or objecting to

the disclosure of Protected Material to an Expert:
(a) Unless otherwise ordered by the Court or agreed to in writing
by the Designating Party, a Party that seeks to disclose Protected Material to
an Expert shall first make a written request to the Designating Party that (1)
sets forth the full name of the Expert and the city and state of his or her
primary residence, (2) attaches a copy of the Expert’s current resume, (3)
identifies the Expert’s current employer(s), (4) identifies each person or entity
from whom the Expert has received compensation or funding for work in his
or her areas of expertise or to whom the expert has provided professional
services, including in connection with a litigation, at any time during the
preceding three years, and (5) identifies any litigation in connection with
which the Expert has offered expert testimony, including through a
declaration, report, or testimony at a deposition or trial, during the preceding
three years. The written request shall be accompanied by an Acknowledgment
executed by the Expert;

28
13

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

1
2

specified in section 9.4(a) may disclose the subject Protected Material to the

3

identified Expert unless, within ten (10) days of delivering the request, the

4

Party receives a written objection from the Designating Party. Any such

5

objection shall set forth in detail the grounds on which the objection is based;

6

and

7

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

8

confer with the Designating Party to try to resolve the matter by agreement

9

within seven (7) days of the written objection. The Parties shall meet and

10

confer pursuant to Local Rule 37-1. If the Parties cannot resolve the objection

11

without court intervention, the Parties shall comply with Local Rule 37-2 and

12

draft a joint stipulation pursuant to Local Rule 37-2. In any such proceeding,

13

the Party opposing disclosure to the Expert shall bear the burden of proving

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

that the risk of harm that the disclosure would entail (under the safeguards
proposed) outweighs the Receiving Party’s need to disclose the Protected
Material to its Expert. Either Party may seek ex parte relief related to an
objection to disclose Protected Material to an Expert if justice so requires
without complying with sections 9.4(b) and 9.4(c).
10.

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION

If a Party is served with a subpoena or a court order issued in other
litigation that compels disclosure of any information or items designated in this
Action as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL–OUTSIDE
COUNSEL’S EYES ONLY” that Party must:
(a) promptly notify in writing the Designating Party. Such
notification shall include a copy of the subpoena or court order;
14

1

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

2

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

3

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

4

shall include a copy of this Stipulated Protective Order; and

5

(c) cooperate with respect to all reasonable procedures sought to be

6

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

7

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

8

subpoena or court order shall not produce any information designated in this

9

action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL–OUTSIDE

10

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

11

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

12

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

13

of seeking protection in that court of its confidential material and nothing in

14
15
16
17
18

these provisions should be construed as authorizing or encouraging a
Receiving Party in this Action to disobey a lawful directive from another court.
11.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
BE PRODUCED IN THIS LITIGATION

19
20

(a) The terms of this Order are applicable to information produced

21

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

22

“HIGHLY CONFIDENTIAL–OUTSIDE COUNSEL’S EYES ONLY.”

23

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

24

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

25

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

26

additional protections.

27
28
15

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

1
2

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

3

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

4

Non-Party’s confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-

5
6

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

7

confidentiality agreement with a Non-Party;

8
9
10

(2) promptly provide the Non-Party with a copy of the Stipulated
Protective Order in this Action, the relevant discovery request(s), and a
reasonably specific description of the information requested; and

11
12

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

13
14
15
16
17
18
19
20
21
22
23
24

(c) If the Non-Party fails to seek a protective order from this court
within 14 days of receiving the notice and accompanying information, the
Receiving Party may produce the Non-Party’s confidential information
responsive to the discovery request. If the Non-Party timely seeks a protective
order, the Receiving Party shall not produce any information in its possession
or control that is subject to the confidentiality agreement with the Non-Party
before a determination by the court. Absent a court order to the contrary, the
Non-Party shall bear the burden and expense of seeking protection in this court
of its Protected Material.
12.

UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL

25
26

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

27

disclosed Protected Material to any person or in any circumstance not

28

authorized under this Stipulated Protective Order, the Receiving Party must
16

1

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

2

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

3

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

4

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

5

person or persons to execute the “Acknowledgment an Agreement to Be

6

Bound” attached hereto as Exhibit A.

7

13.

8

INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL

9
10

When a Producing Party gives notice to Receiving Parties that certain

11

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

12

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

13

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

14
15
16
17
18
19
20
21
22
23
24
25
26

modify whatever procedure may be established in an e-discovery order that
provides for production without prior privilege review. Pursuant to Federal
Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on
the effect of disclosure of a communication or information covered by the
attorney-client privilege or work product protection, the parties may
incorporate their agreement in the stipulated protective order submitted to the
court.
14.

MISCELLANEOUS

14.1 Right to Further Relief. Nothing in this Order abridges the right of
any person to seek its modification by the Court in the future.
14.2 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

27

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

28

addressed in this Stipulated Protective Order. Similarly, no Party waives any
17

1

right to object on any ground to use in evidence of any of the material covered

2

by this Protective Order.

3

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

4

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

5

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

6

sealing of the specific Protected Material. If a Party’s request to file Protected

7

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

8

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

9
10

15.

FINAL DISPOSITION

After the final disposition of this Action, as defined in paragraph 6,

11

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

12

Party 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
15
16
17
18
19
20
21
22
23
24
25
26
27

copies, abstracts, compilations, summaries, and any other format reproducing
or capturing any of the Protected Material. Whether the Protected Material is
returned or destroyed, the Receiving Party must submit a written certification
to the Producing Party (and, if not the same person or entity, to the
Designating Party) by the 60-day deadline that (1) identifies (by category,
where appropriate) all the Protected Material that was returned or destroyed
and (2) affirms that the Receiving Party has not retained any copies, abstracts,
compilations, summaries or any other format reproducing or capturing any of
the Protected Material. Notwithstanding this provision, Counsel are entitled to
retain an archival copy of all pleadings, motion papers, trial, deposition, and
hearing transcripts, legal memoranda, correspondence, deposition and trial
exhibits, expert reports, attorney work product, and consultant and expert
work product, even if such materials contain Protected Material. Any such

28
18

1

archival copies that contain or constitute Protected Material remain subject to

2

this Protective Order as set forth in Section 6 (DURATION).

3

16.

VIOLATION

4

Any violation of this Order may be punished by appropriate measures

5

including, without limitation, contempt proceedings and/or monetary

6

sanctions.

7
8

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

9
10

DATED: January 28, 2019

11
12
13
14

_________________________________
JOHN D. EARLY
United States Magistrate Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
19

1
2
3

Exhibit A

4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19
20
21
22

)
)
)
)
)
)
)
)
)
)
)
v.
)
)
)
Lions Not Sheep Apparel, LLC, a
Utah Limited Liability Corporation, )
)
FORGE YOUR POTENTIAL, LLC, )
)
an Idaho Limited Liability
)
Corporation, and SEAN WHALEN, )
)
an Individual, and DOES 1-10,
)
inclusive,
)
)
Defendants.
The Authentic Entrepreneur, LLC, a
California Limited Liability
Corporation, DBA Wake Up
Warrior, and Garrett White, an
individual,
Plaintiff,

Case No. 8:18-cv-00239-AG (JDEx)
ACKNOWLEDGMENT AND
AGREEMENT TO BE BOUND BY
PROTECTIVE ORDER

23
24

I, the undersigned, hereby certify that I have read and am familiar with the

25

terms of the Protective Order (the “Order”) entered in the above-captioned action

26

(the “Action”), a copy of which is attached. I agree to be bound by the terms of the

27

Order, and I agree that I will use CONFIDENTIAL INFORMATION or HIGHLY

28

CONFIDENTIAL-OUTSIDE COUNSEL’S EYES ONLY INFORMATION that I
20

1

may receive only in a manner authorized by the Order and only to directly assist in

2

the litigation of this Action, and for no other purpose. I agree that I will not

3

disclose or discuss CONFIDENTIAL INFORMATION or HIGHLY

4

CONFIDENTIAL—OUTSIDE COUNSEL’S EYES ONLY INFORMATION to

5

or with anyone, except as expressly authorized by the terms of the Order.

6
7
8
9

I further understand my obligation to return and/or destroy documents as set
forth in section 15 of the Order and agree to be bound thereto.
I hereby submit to the jurisdiction of the Court for the purpose of ensuring
compliance with this Order.

10
11
12
13

Dated:

Signature:
Printed Name:

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21