Daniel Kim et al v. Daniel Y. Kim

Filing 23

PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order 22 . (see document for details) (hr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 12 13 DANIEL KIM, an individual, and THE LAW OFFICES OF DANIEL KIM, CORPORATION, a California corporation, 14 15 Plaintiffs, vs. 16 17 18 DANIEL Y. KIM dba THE LAW OFFICES OF DANIEL KIM, an individual, 19 Defendant. 20 21 DANIEL Y. KIM, an individual, 22 Counterclaimant, 23 24 25 26 27 28 v. DANIEL KIM, an individual; THE LAW OFFICES OF DANIEL KIM, a California corporation, Counter-Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 8:19−cv−00755 JVS (FFM) Honorable James V. Selna PROTECTIVE ORDER PURSUANT TO STIPULATION [Discovery Document: Referred to Magistrate Judge Frederick F. Mumm] -1Stipulated Protective Order 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. The parties further acknowledge, as set forth 11 in Section 12.3, below, that this Stipulated Protective Order does not entitle them 12 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 13 procedures that must be followed and the standards that will be applied when a party 14 seeks permission from the court to file material under seal. 15 B. GOOD CAUSE STATEMENT 16 In discovery in this case, the parties will be required to exchange 17 competitively sensitive information about the opposing parties’ business activities 18 to which they and third parties would not otherwise have access, including, but not 19 limited to, the parties’ business proprietary and/or confidential business or financial 20 information, information regarding confidential business practices, or other 21 confidential research, development, or commercial information (including 22 information implicating privacy rights of third parties), customer and pricing lists 23 and other valuable research, information otherwise generally unavailable to the 24 public, or which may be privileged or otherwise protected from disclosure under 25 state or federal statutes, court rules, case decisions, or common law. Allowing the 26 parties or third parties to use such competitively sensitive information would cause 27 harm to the competitive position of the disclosing party. The parties seek the entry 28 /// -2Stipulated Protective Order 1 of this Protective Order to prevent the unauthorized use or dissemination of 2 confidential information produced in discovery during this action by competitors. a. 3 No document, information, or thing shall be designated 4 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 5 unless good cause exists for such designation under the standards set forth in 6 Phillips v. G.M. Corp., 307 F.2d 1206, 1209 (9th Cir. 2002) and other relevant 7 authority. 8 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” when the information has not 9 been made public and falls into one of the categories identified in paragraph 5.2(b) 10 Good cause exists for the designation of information as hereof. b. 11 Good cause exists for the designation of information as 12 “CONFIDENTIAL” when the information has not been revealed to the public and 13 the information falls into one of the categories identified in paragraph 5.2(a) hereof. c. 14 The Parties shall use reasonable efforts to minimize the amount 15 of material designated as “CONFIDENTIAL” or “CONFIDENTIAL – 16 ATTORNEYS’ EYES ONLY.” d. 17 This Protective Order applies to such “CONFIDENTIAL” and 18 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information furnished in this 19 litigation regardless of the form in which it is transmitted and regardless whether 20 the information is furnished by a party or third party. Such information may be 21 contained in documents, written discovery responses, declarations, deposition 22 testimony, exhibits, and other materials or deposition testimony provided by any 23 Party. 24 2. 25 DEFINITIONS 2.1 Action: This above-captioned federal law suit, entitled Daniel Kim, et 26 al. v. Daniel Y. Kim, et al., U.S. District Court for the Central District of California, 27 Case No. 8:19-cv-00755-JVS-FFM, including any counterclaims, cross-claims, 28 consolidated actions, or related actions. -3Stipulated Protective Order 2.2 1 2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 3 “CONFIDENTIAL” Information or Items: information (regardless of 4 how it is generated, stored or maintained) or tangible things that qualify for 5 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 6 the Good Cause Statement. 2.4 7 8 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 9 Designating Party: a Party or Non-Party that designates information 10 or items that it produces in disclosures or in responses to discovery as 11 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 2.6 12 Disclosure or Discovery Material: all items or information, regardless 13 of the medium or manner in which it is generated, stored, or maintained (including, 14 among other things, testimony, transcripts, and tangible things), that are produced 15 or generated in disclosures or responses to discovery in this matter. 2.7 16 Expert: a person with specialized knowledge or experience in a matter 17 pertinent to the litigation who has been retained by a Party or its counsel to serve as 18 an expert witness or as a consultant in this Action. 2.8 19 House Counsel: attorneys who are employees of a party to this Action. 20 House Counsel does not include Outside Counsel of Record or any other outside 21 counsel. 2.9 22 23 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 24 2.10 Outside Counsel of Record: attorneys who are not employees of a 25 party to this Action but are retained to represent or advise a party to this Action and 26 have appeared in this Action on behalf of that party or are affiliated with a law firm 27 which has appeared on behalf of that party, and includes support staff. 28 /// -4Stipulated Protective Order 1 2.11 Party: any party to this Action, including all of its officers, directors, 2 employees, consultants, retained experts, and Outside Counsel of Record (and their 3 support staffs). 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 4 5 Discovery Material in this Action. 2.13 Professional Vendors: 6 persons or entities that provide litigation 7 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 8 demonstrations, and organizing, storing, or retrieving data in any form or medium) 9 and their employees and subcontractors. 10 2.14 Protected Material: any Disclosure or Discovery Material that is 11 designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 12 ONLY.” 2.15 Receiving Party: 13 a Party that receives Disclosure or Discovery 14 Material from a Producing Party. 15 3. SCOPE 16 The protections conferred by this Stipulation and Order cover not only 17 Protected Material (as defined above), but also (1) any information copied or 18 extracted from Protected Material; (2) all copies, excerpts, summaries, or 19 compilations of Protected Material; and (3) any testimony, conversations, or 20 presentations by Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the 21 22 trial judge. This Order does not govern the use of Protected Material at trial. 23 4. DURATION 24 Even after final disposition of this litigation, the confidentiality obligations 25 imposed by this Order shall remain in effect until a Designating Party agrees 26 otherwise in writing or a court order otherwise directs. Final disposition shall be 27 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 28 with or without prejudice; and (2) final judgment herein after the completion and -5Stipulated Protective Order 1 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 2 including the time limits for filing any motions or applications for extension of time 3 pursuant to applicable law. 4 5. 5 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 6 Each Party or Non-Party that designates information or items for protection under 7 this Order must take care to limit any such designation to specific material that 8 qualifies under the appropriate standards. The Designating Party must designate for 9 protection only those parts of material, documents, items, or oral or written 10 communications that qualify so that other portions of the material, documents, 11 items, or communications for which protection is not warranted are not swept 12 unjustifiably within the ambit of this Order. 13 Mass, indiscriminate, or routinized designations are prohibited. Designations 14 that are shown to be clearly unjustified or that have been made for an improper 15 purpose (e.g., to unnecessarily encumber the case development process or to impose 16 unnecessary expenses and burdens on other parties) may expose the Designating 17 Party to sanctions. 18 If it comes to a Designating Party’s attention that information or items that it 19 designated for protection do not qualify for protection, that Designating Party must 20 promptly notify all other Parties that it is withdrawing the inapplicable designation. 21 5.2 Manner and Timing of Designations. Except as otherwise provided in 22 this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material 23 that qualifies for protection under this Order must be clearly so designated before 24 the material is disclosed or produced. 25 Designation in conformity with this Order requires: 26 a. Any Producing Party may designate any material as 27 “CONFIDENTIAL” if such producing party in good faith believes that such 28 Protected Material contains confidential or proprietary information, including -6Stipulated Protective Order 1 information in written, oral, electronic, graphic, pictorial, audiovisual, or other 2 form, whether it is a document, information contained in a document, item produced 3 for inspection, information revealed during a deposition, information revealed in an 4 interrogatory answer, or otherwise. 5 b. Any Producing Party may designate any material as 6 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” if such producing party in 7 good faith believes that such Protected Material contains confidential, 8 commercially sensitive, or proprietary information related to any of the following: 9 technical data, research and development information, marketing or other business 10 plans, product or service information, customer information, trade secrets, 11 competitive information, or financial information of the Producing Party, including, 12 without limitation, sales and cost information or any other information of such 13 sensitivity to warrant “Confidential—Attorneys’ Eyes Only” treatment, including, 14 information in written, oral, electronic, graphic, pictorial, audiovisual, or other 15 form, whether it is a document, information contained in a document, item produced 16 for inspection, information revealed during a deposition, information revealed in an 17 interrogatory answer, or otherwise. 18 c. A Producing Party may designate any document or other tangible 19 information or thing as “Confidential” or “Confidential—Attorneys’ Eyes Only” by 20 stamping a conspicuous place thereof with the legend CONFIDENTIAL or 21 CONFIDENTIAL—ATTORNEYS’ EYES ONLY, respectively. For example, in 22 the case of a document, a producing party may so mark the first page of a multipage 23 document and each page thereafter that actually contains Protected Material. In the 24 case of other tangible items, a producing party may so mark any appropriate 25 location. For example, in the case of a computer disk, a producing party may so 26 mark the disk cover. 27 28 d. produced The terms of this Protective Order are applicable to Protected Material by a non-party and designated -7Stipulated Protective Order “CONFIDENTIAL” or 1 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” only when the producing 2 non-party has a proprietary interest or other right in such Protected Material, or 3 where the producing non-party is contractually obligated to maintain the 4 confidentiality of such Protected Material. A producing party may designate 5 documents, information, or things disclosed at a deposition of a producing party or 6 one of its present or former officers, directors, employees, agents, or independent 7 experts retained for purposes of this litigation as “Confidential” or “Confidential— 8 Attorneys’ Eyes Only” on the record during the deposition; or by notifying all 9 parties in writing of the specific item so designated, within twenty one (21) days 10 of receiving a copy of the deposition transcript, of the specific exhibits or lines and 11 pages of the transcript that are believed in good faith to contain Protected Material. 12 i. If a producing party designates such materials as “Confidential” 13 or “Confidential—Attorneys’ Eyes Only” on the record, the court reporter 14 shall indicate on the cover page of the transcript that the transcript includes 15 Confidential or Confidential—Attorneys’ Eyes Only information, shall list 16 the pages and lines numbers and/or exhibits of the transcript on or in which 17 such information is contained, and shall bind the transcript in separate 18 portions containing Confidential, Confidential—Attorneys’ Eyes Only, and 19 non-Confidential material. 20 Confidential or Confidential—Attorneys’ Eyes Only information is 21 discussed during the deposition, any person present during the deposition 22 who is not a Qualified Person, as defined below, or the court reporter, shall 23 be excluded from that portion of the deposition. 24 ii. Further, during the period in which such A deposition transcript and the exhibits thereto shall be 25 presumed Confidential—Attorneys’ Eyes Only in their entirety until twenty 26 one (21) days after receipt of the transcript by the producing party. If, after 27 the deposition is taken, the producing party designates any portion of the 28 deposition transcript or exhibits as “Confidential” or “Confidential— -8Stipulated Protective Order 1 Attorneys’ Eyes Only” by giving written notice as described above, all 2 persons receiving notice of such designation shall affix the same to the face 3 of their copy or copies of the transcript. At the expiration of the twenty one 4 (21) day period, the transcript and exhibits shall automatically revert to non- 5 Confidential status, except those portions that have been designated on the 6 record or in writing as “Confidential” or “Confidential—Attorneys’ Eyes 7 Only.” Nothing in this paragraph is intended to restrict any Party’s right to 8 attend depositions in this action. iii. 9 A non-producing party may designate documents, information, 10 or things disclosed at a deposition as “Confidential” or “Confidential— 11 Attorneys’ Eyes Only” in the same manner as a producing party if it has a 12 good faith basis for claiming a proprietary interest or other right in the 13 Confidential Material. e. 14 Material designated as confidential under this Protective Order, the 15 information contained therein, and any summaries, copies, abstracts, or other 16 documents derived in whole or in part from material designated as Protected 17 Material shall be used only for the purpose of the prosecution, defense, or settlement 18 of this action, and for no other purpose, except that a Party may seek permission 19 from another court to use Protected Material produced under this Protective Order 20 provided said Party gives advance notice to the parties whose materials are sought 21 to be used and provided no disclosure of such Protected Material is made until such 22 other court grants the request for permission. The restrictions contained in this 23 paragraph may be modified by written agreement of the parties, but such 24 modifications will not be considered part of this order unless approved by the Court. 25 Nothing in this paragraph shall operate to bar motions in limine or similar motion 26 to exclude the use of any document in any action between the Parties on any 27 appropriate and available basis. 28 /// -9Stipulated Protective Order 5.3 1 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 failure to designate qualified information or items does not, standing alone, waive 3 the Designating Party’s right to secure protection under this Order for such material. 4 Upon timely correction of a designation, the Receiving Party must make reasonable 5 efforts to assure that the material is treated in accordance with the provisions of this 6 Order. 7 6. 6.1 8 9 10 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time that is consistent with the Court’s Scheduling Order. 6.2 11 12 CHALLENGING CONFIDENTIALITY DESIGNATIONS Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 6.3 13 The burden of persuasion in any such challenge proceeding shall be on 14 the Designating Party. Frivolous challenges, and those made for an improper 15 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 16 parties) may expose the Challenging Party to sanctions. Unless the Designating 17 Party has waived or withdrawn the confidentiality designation, all parties shall 18 continue to afford the material in question the level of protection to which it is 19 entitled under the Producing Party’s designation until the Court rules on the 20 challenge. 21 7. 22 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 23 disclosed or produced by another Party or by a Non-Party in connection with this 24 Action only for prosecuting, defending, or attempting to settle this Action. Such 25 Protected Material may be disclosed only to the categories of persons and under the 26 conditions described in this Order. When the Action has been terminated, a 27 Receiving Party must comply with the provisions of section 13 below (FINAL 28 DISPOSITION). -10Stipulated Protective Order 1 Protected Material must be stored and maintained by a Receiving Party at a 2 location and in a secure manner that ensures that access is limited to the persons 3 authorized under this Order. 4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 5 otherwise ordered by the court or permitted in writing by the Designating Party, a 6 Receiving 7 “CONFIDENTIAL” only to “qualified persons” below: 8 9 Party may disclose any information or item designated (a) any Party, including any officers, directors, and employees (including House Counsel) to whom disclosure is reasonably necessary for this Action; 10 (b) the Receiving Party’s Outside Counsel of Record in this Action, as well 11 as employees of said Outside Counsel of Record to whom it is reasonably necessary 12 to disclose the information for this Action; 13 (c) Experts (as defined in this Order) of the Receiving Party to whom 14 disclosure is reasonably necessary for this Action and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (d) the court and its personnel; 17 (e) court reporters and their staff; 18 (f) professional jury or trial consultants, mock jurors, and Professional 19 Vendors to whom disclosure is reasonably necessary for this Action and who have 20 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 22 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 23 (h) during their depositions, witnesses, and attorneys for witnesses, in the 24 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 25 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 26 will not be permitted to keep any confidential information unless they sign the 27 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 28 agreed by the Designating Party or ordered by the court. Pages of transcribed -11Stipulated Protective Order 1 deposition testimony or exhibits to depositions that reveal Protected Material may 2 be separately bound by the court reporter and may not be disclosed to anyone except 3 as permitted under this Stipulated Protective Order; and (i) 4 5 any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 7.3 6 Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 7 Information or Items. Unless otherwise ordered by the court or permitted in writing 8 by the Designating Party, a Receiving Party may disclose any information or item 9 designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to the “qualified 10 persons” listed in sub-paragraphs 7.2(b) through (i) above, but shall not be disclosed 11 to a Party, or to an officer, director or employee of a Party, except as provided above 12 or unless otherwise agreed in writing or ordered by the Court. If disclosure of 13 Attorneys’ Eyes Only Material is made pursuant to this paragraph, all other 14 provisions in this order with respect to confidentiality shall also apply. 15 8. 16 PRODUCED IN OTHER LITIGATION PROTECTED MATERIAL SUBPOENAED OR ORDERED 17 If a Party is served with a subpoena or a court order issued in other litigation 18 that compels disclosure of any information or items designated in this Action as 19 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that 20 Party must: 21 22 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 23 (b) promptly notify in writing the party who caused the subpoena or order to 24 issue in the other litigation that some or all of the material covered by the subpoena 25 or order is subject to this Protective Order. Such notification shall include a copy of 26 this Stipulated Protective Order; and 27 28 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. -12Stipulated Protective Order 1 If the Designating Party timely seeks a protective order, the Party served with 2 the subpoena or court order shall not produce any information designated in this 3 action as “CONFIDENTIAL” of “CONFIDENTIAL – ATTORNEYS’ EYES 4 ONLY,” before a determination by the court from which the subpoena or order 5 issued, unless the Party has obtained the Designating Party’s permission. The 6 Designating Party shall bear the burden and expense of seeking protection in that 7 court of its confidential material and nothing in these provisions should be 8 construed as authorizing or encouraging a Receiving Party in this Action to disobey 9 a lawful directive from another court. 10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 11 PRODUCED IN THIS LITIGATION 12 (a) The terms of this Order are applicable to information produced by a Non- 13 Party in this Action and designated as “CONFIDENTIAL” of “CONFIDENTIAL 14 – ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in 15 connection with this litigation is protected by the remedies and relief provided by 16 this Order. Nothing in these provisions should be construed as prohibiting a Non- 17 Party from seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party’s confidential information in its possession, and the Party is 20 subject to an agreement with the Non-Party not to produce the Non-Party’s 21 confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non-Party 23 that some or all of the information requested is subject to a confidentiality 24 agreement with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated 26 Protective Order in this Action, the relevant discovery request(s), and a reasonably 27 specific description of the information requested; and 28 /// -13Stipulated Protective Order (3) make the information requested available for inspection by the 1 2 Non-Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this court within 14 4 days of receiving the notice and accompanying information, the Receiving Party 5 may produce the Non-Party’s confidential information responsive to the discovery 6 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 7 not produce any information in its possession or control that is subject to the 8 confidentiality agreement with the Non-Party before a determination by the court. 9 Absent a court order to the contrary, the Non-Party shall bear the burden and 10 expense of seeking protection in this court of its Protected Material. 11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 13 Protected Material to any person or in any circumstance not authorized under this 14 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 15 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 16 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 17 or persons to whom unauthorized disclosures were made of all the terms of this 18 Order, and (d) request such person or persons to execute the “Acknowledgment and 19 Agreement to Be Bound” that is attached hereto as Exhibit A. 20 11. 21 OTHERWISE PROTECTED MATERIAL INADVERTENT PRODUCTION OF PRIVILEGED OR 22 When a Producing Party gives notice to Receiving Parties that certain 23 inadvertently produced material is subject to a claim of privilege or other protection, 24 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 25 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 26 procedure may be established in an e-discovery order that provides for production 27 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 28 (e), insofar as the parties reach an agreement on the effect of disclosure of a -14Stipulated Protective Order 1 communication or information covered by the attorney-client privilege or work 2 product protection, the parties may incorporate their agreement in the stipulated 3 protective order submitted to the court. 4 12. 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 5 6 MISCELLANEOUS person to seek its modification by the Court in the future. 7 12.2 Right to Assert Other Objections. By stipulating to the entry of this 8 Protective Order no Party waives any right it otherwise would have to object to 9 disclosing or producing any information or item on any ground not addressed in this 10 Stipulated Protective Order. Similarly, no Party waives any right to object on any 11 ground to use in evidence of any of the material covered by this Protective Order. 12 12.3 Filing Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 14 only be filed under seal pursuant to a court order authorizing the sealing of the 15 specific Protected Material at issue. If a Party's request to file Protected Material 16 under seal is denied by the court, then the Receiving Party may file the information 17 in the public record unless otherwise instructed by the court. 18 13. FINAL DISPOSITION 19 After the final disposition of this Action, as defined in paragraph 4, within 60 20 days of a written request by the Designating Party, each Receiving Party must return 21 all Protected Material to the Producing Party or destroy such material. As used in 22 this subdivision, “all Protected Material” includes all copies, abstracts, 23 compilations, summaries, and any other format reproducing or capturing any of the 24 Protected Material. Whether the Protected Material is returned or destroyed, the 25 Receiving Party must submit a written certification to the Producing Party (and, if 26 not the same person or entity, to the Designating Party) by the 60 day deadline that 27 (1) identifies (by category, where appropriate) all the Protected Material that was 28 returned or destroyed and (2) affirms that the Receiving Party has not retained any -15Stipulated Protective Order 1 copies, abstracts, compilations, summaries or any other format reproducing or 2 capturing any of the Protected Material. Notwithstanding this provision, Counsel 3 are entitled to retain an archival copy of all pleadings, motion papers, trial, 4 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 5 and trial exhibits, expert reports, attorney work product, and consultant and expert 6 work product, even if such materials contain Protected Material. Any such archival 7 copies that contain or constitute Protected Material remain subject to this Protective 8 Order as set forth in Section 4 (DURATION). 9 10 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED, 11 12 DATED: October 4, 2019 13 14 15 /S/ Frederick F. Mumm FREDERICK F. MUMM United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 -16Stipulated Protective Order 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on [date] in the case of Daniel Kim, et al. v. Daniel Y. Kim, et al., U.S. District Court 8 for the Central District of California, Case No. 8:19-cv-00755-JVS-FFM. I agree to 9 comply with and to be bound by all the terms of this Stipulated Protective Order 10 and I understand and acknowledge that failure to so comply could expose me to 11 sanctions and punishment in the nature of contempt. I solemnly promise that I will 12 not disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the 14 provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [print 19 or type full name] of _______________________________________ [print or type 20 full address and telephone number] as my California agent for service of process in 21 connection with this action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 24 25 26 27 28 Date: City and State where executed:____________________ Printed name: _______________________________ Signature: __________________________________ -17Stipulated Protective Order

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