Jennifer Karlsson v. Security Innovation, Inc. et al

Filing 17

STIPULATED PROTECTIVE ORDER by Magistrate Judge John D. Early: granting Stipulation for Protective Order 16 . (lom) Modified on 5/22/2023 (lom).

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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 SOUTHERN DIVISION ) Case No. 8:23-cv-00037-JWH-JDE ) ) ) STIPULATED PROTECTIVE Plaintiff, ) ORDER ) ) v. ) SECURITY INNOVATION, INC., a )) Delaware corporation; and DOES 1-50, ) inclusive, ) ) Defendants. ) JENNIFER KARLSSON, 19 20 Based on the Parties’ Stipulation, the Court finds and orders as follows. 21 1. 22 Discovery in this action is likely to involve production of confidential, PURPOSES AND LIMITATIONS 23 proprietary or private information for which special protection from public 24 disclosure and from use for any purpose other than pursuing this litigation may 25 be warranted. Accordingly, the parties hereby stipulate to and petition the 26 Court to enter the following Stipulated Protective Order. The parties 27 acknowledge that this Order does not confer blanket protections on all 28 disclosures or responses to discovery and that the protection it affords from 1 public disclosure and use extends only to the limited information or items that 2 are entitled to confidential treatment under the applicable legal principles. 3 2. 4 This action is likely to involve trade secrets; customer and pricing lists GOOD CAUSE STATEMENT 5 and other valuable research; sales, commissions, and sales quota information; 6 customer invoices; royalty agreements; employment agreements and 7 termination correspondence; medical and health information; payroll 8 9 10 11 12 13 14 15 16 17 information; performance reviews; development, commercial, financial, technical and/or proprietary information; and email correspondence regarding the foregoing, for which special protection from public disclosure and from use for any purpose other than prosecution of this action is warranted. Such confidential and proprietary materials and information consist of, among other things, confidential business or financial information, 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 18 which may be privileged or otherwise protected from disclosure under state or 19 federal statutes, court rules, case decisions, or common law. Accordingly, to 20 expedite the flow of information, to facilitate the prompt resolution of disputes 21 over confidentiality of discovery materials, to adequately protect information 22 the parties are entitled to keep confidential, to ensure that the parties are 23 permitted reasonable necessary uses of such material in preparation for and in 24 the conduct of trial, to address their handling at the end of the litigation, and 25 serve the ends of justice, a protective order for such information is justified in 26 this matter. It is the intent of the parties that information will not be designated 27 as confidential for tactical reasons and that nothing be so designated without a 28 good faith belief that it has been maintained in a confidential, non-public 2 1 manner, and there is good cause why it should not be part of the public record 2 of this case. 3 4 5 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE The parties further acknowledge, as set forth in Section 14.3, below, that 6 this Stipulated Protective Order does not entitle them to file confidential 7 information under seal; Local Civil Rule 79-5 sets forth the procedures that 8 9 10 11 12 13 14 15 16 17 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 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), and a specific showing of good 18 cause or compelling reasons with proper evidentiary support and legal 19 justification, must be made with respect to Protected Material that a party 20 seeks to file under seal. The parties’ mere designation of Disclosure or 21 Discovery Material as CONFIDENTIAL does not— without the submission 22 of competent evidence by declaration, establishing that the material sought to 23 be filed under seal qualifies as confidential, privileged, or otherwise 24 protectable—constitute good cause. 25 Further, if a party requests sealing related to a dispositive motion or trial, 26 then compelling reasons, not only good cause, for the sealing must be shown, 27 and the relief sought shall be narrowly tailored to serve the specific interest to 28 be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th 3 1 Cir. 2010). For each item or type of information, document, or thing sought to 2 be filed or introduced under seal, the party seeking protection must articulate 3 compelling reasons, supported by specific facts and legal justification, for the 4 requested sealing order. Again, competent evidence supporting the application 5 to file documents under seal must be provided by declaration. 6 7 8 9 10 11 12 13 14 15 16 17 18 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. 4. DEFINITIONS 4.1 Action: The above-captioned pending federal lawsuit. 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 19 (regardless of how it is generated, stored or maintained) or tangible things that 20 qualify for protection under Federal Rule of Civil Procedure 26(c), and as 21 specified above in the Good Cause Statement. 22 23 24 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 4.5 Designating Party: a Party or Non-Party that designates 25 information or items that it produces in disclosures or in responses to discovery 26 as “CONFIDENTIAL.” 27 28 4.6 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or 4 1 maintained (including, among other things, testimony, transcripts, and tangible 2 things), that are produced or generated in disclosures or responses to discovery. 3 4.7 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 4.8 House Counsel: attorneys who are employees of a party to this Action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 4.9 Non-Party: any natural person, partnership, corporation, association or other legal entity not named as a Party to this action. 4.10 Outside Counsel of Record: attorneys who are not employees of a party to this Action but are retained to represent 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, and includes support staff. 4.11 Party: any party to this Action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 4.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 4.13 Professional Vendors: persons or entities that provide litigation 22 support services (e.g., photocopying, videotaping, translating, preparing 23 exhibits or demonstrations, and organizing, storing, or retrieving data in any 24 form or medium) and their employees and subcontractors. 25 26 27 28 4.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 5 1 2 4.16 Final Disposition: a full and final settlement by all parties or a verdict for which all appeals have been exhausted. 3 5. 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or 6 extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 compilations of Protected Material; and (3) any testimony, conversations, or 8 9 10 11 12 13 14 15 16 17 SCOPE 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 trial judge and other applicable authorities. This Order does not govern the use of Protected Material at trial. 6. DURATION Once a case proceeds to trial, information that was designated as CONFIDENTIAL or maintained pursuant to this protective order 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 18 reasons supported by specific factual findings to proceed otherwise are made to 19 the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 20 (distinguishing “good cause” showing for sealing documents produced in 21 discovery from “compelling reasons” standard when merits-related documents 22 are part of court record). Accordingly, the terms of this protective order do not 23 extend beyond the commencement of the trial. 24 7. DESIGNATING PROTECTED MATERIAL 25 7.1 Exercise of Restraint and Care in Designating Material for 26 Protection. Each Party or Non-Party that designates information 27 or items for protection under this Order must take care to limit any such 28 designation to specific material that qualifies under the appropriate standards. 6 1 The Designating Party must designate for protection only those parts of 2 material, documents, items or oral or written communications that qualify so 3 that other portions of the material, documents, items or communications for 4 which protection is not warranted are not swept unjustifiably within the ambit 5 of this Order. 6 7 8 9 10 11 12 13 14 15 16 Mass, indiscriminate or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber the case development process or to impose unnecessary expenses and burdens on other parties) may expose the Designating Party to sanctions. If it comes to a Designating Party’s attention that information or items that it designated for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the inapplicable designation. 7.2 Manner and Timing of Designations. Except as otherwise 17 provided in this Order, or as otherwise stipulated or ordered, Disclosure of 18 Discovery Material that qualifies for protection under this Order must be 19 clearly so designated before the material is disclosed or produced. 20 21 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 22 documents, but excluding transcripts of depositions or other pretrial or trial 23 proceedings), that the Producing Party affix at a minimum, the legend 24 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page 25 that contains protected material. If only a portion of the material on a page 26 qualifies for protection, the Producing Party also must clearly identify the 27 protected portion(s) (e.g., by making appropriate markings in the margins). A 28 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Party or Non-Party that makes original documents available for inspection need not designate them for protection until after the inspecting Party has indicated which documents it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page that contains Protected Material. If only a portion of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). (b) for testimony given in depositions, that the Designating Party 15 identifies the information it considers to be Confidential by (a) identifying the 16 Confidential information and/or documents at the time of the deposition and 17 requesting that the Court Reporter prepare a separate confidential transcript 18 regarding such testimony, exhibits, or other materials, or (b) serving a written 19 designation of the Confidential testimony, exhibits, or other materials on the 20 other parties to this agreement and on the Court Reporter within thirty (30) 21 calendar days after receiving such transcript. 22 (c) for information produced in some form other than 23 documentary and for any other tangible items, that the Producing Party affix 24 in a prominent place on the exterior of the container or containers in which the 25 information is stored the legend “CONFIDENTIAL.” If only a portion or 26 portions of the information warrants protection, the Producing Party, to the 27 extent practicable, shall identify the protected portion(s). 28 8 1 2 3 4 5 6 7 8 9 10 11 12 7.3 discovers its inadvertent failure to designate materials as Confidential, the Designating Party’s inadvertent failure to designate qualified information or items does not, standing alone, waive the Designating Party’s right to secure protection under this Order for such material if that error is timely corrected. Upon timely correction of a designation, the Receiving Party must make reasonable efforts to assure that the material is treated in accordance with the provisions of this Order. The Designating Party shall then provide the Receiving Party with the same materials marked as Confidential, and the Receiving Party shall promptly return or destroy the unmarked materials, and, if destroyed, shall confirm same in writing with the Designating Party. In addition, if the Receiving Party has inadvertently received materials 13 14 Inadvertent Failures to Designate. If a Designating Party which that party knows, or has reason to believe, should have been designated 15 as Confidential but was not so marked, that Receiving Party shall immediately 16 notify the party who produced those materials and allow the producing party 17 to subsequently mark those materials as Confidential if warranted. At all 18 times, the Receiving Party shall treat those materials as Confidential unless the 19 producing party indicates in writing that the materials are not confidential. If 20 the materials are, in fact, Confidential, the Designating Party shall then 21 provide the Receiving Party with the same materials marked as Confidential, 22 and the Receiving Party shall promptly return or destroy the unmarked 23 materials, and, if destroyed, shall confirm same in writing with the Designating 24 Party. 25 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 26 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 27 designation of confidentiality at any time that is consistent with the Court’s 28 Scheduling Order in accordance with this section. The Court, of course, has 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 the inherent jurisdiction to decide at any time whether a Confidential designation is appropriate and/or whether any such documents should be sealed in response to a motion to seal records. However, if a Party contends that any marked material is not entitled to confidential treatment, that Party must serve a written objection on the Designating Party within twenty-one (21) calendar days of receiving materials marked as Confidential or receiving designations of Confidential deposition testimony or deposition exhibits. That objection should ask the Designating Party to provide the basis of the confidentiality designation. If a dispute then arises over that Confidential marking or designation, the Parties shall initiate the dispute resolution process under Local Rule 37-1, et seq. If a Party does not challenge a Confidential marking or designation within the aforementioned twenty-one (21) day period, that Party waives the right to challenge the confidentiality of those materials. 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 20 be on the Designating Party. Frivolous challenges, and those made for an 21 improper purpose (e.g., to harass or impose unnecessary expenses and burdens 22 on other parties) may expose the Challenging Party to sanctions. Unless the 23 Designating Party has waived or withdrawn the confidentiality designation, all 24 parties shall continue to afford the material in question the level of protection 25 to which it is entitled under the Producing Party’s designation until the Court 26 rules on the challenge. 27 28 10 1 9. ACCESS TO AND USE OF PROTECTED MATERIAL 2 9.1 Basic Principles. A Receiving Party may use Protected Material 3 that is disclosed or produced by another Party or by a Non-Party in connection 4 with this Action only for prosecuting, defending or attempting to settle this 5 Action. Such Protected Material may be disclosed only to the categories of 6 persons and under the conditions described in this Order. When the Action has 7 been terminated, a Receiving Party must comply with the provisions of section 8 9 10 11 12 13 14 15 16 17 15 below (FINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 9.2 Disclosure of “CONFIDENTIAL” 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 “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this 18 Action, as well as employees of said Outside Counsel of Record to whom it is 19 reasonably necessary to disclose the information for this Action; 20 (b) the officers, directors, and employees (including House 21 Counsel) of the Receiving Party to whom disclosure is reasonably necessary 22 for this Action; 23 (c) Experts (as defined in this Order) of the Receiving Party to 24 whom disclosure is reasonably necessary for this Action and who have signed 25 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (d) the court and its personnel; 27 (e) court reporters and their staff; 28 (f) professional jury or trial consultants, mock jurors, and 11 1 Professional Vendors to whom disclosure is reasonably necessary for this 2 Action and who have signed the “Acknowledgment and Agreement to Be 3 Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the 5 information or a custodian or other person who otherwise possessed or knew 6 the information; 7 8 9 10 11 12 13 14 15 16 17 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) the deposing party requests that the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted to keep any confidential information unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and (i) any mediators or settlement officers and their supporting 18 19 personnel, mutually agreed upon by any of the parties engaged in settlement 20 discussions. 21 22 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 23 If a Party is served with a subpoena or a court order issued in other 24 litigation that compels disclosure of any information or items designated in this 25 Action as “CONFIDENTIAL,” that Party must: 26 27 28 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena 12 1 or order to issue in the other litigation that some or all of the material covered 2 by the subpoena or order is subject to this Protective Order. Such notification 3 shall include a copy of this Stipulated Protective Order; and 4 (c) cooperate with respect to all reasonable procedures sought to be 5 pursued by the Designating Party whose Protected Material may be affected. If 6 the Designating Party timely seeks a protective order, the Party served with the 7 subpoena or court order shall not produce any information designated in this 8 9 10 11 12 13 14 action as “CONFIDENTIAL” before a determination by the court from which the subpoena or order issued, unless the Party has obtained the Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking protection in that court of its confidential material and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive from another court. 16 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 17 (a) The terms of this Order are applicable to information produced 15 11. 18 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 19 information produced by Non-Parties in connection with this litigation is 20 protected by the remedies and relief provided by this Order. Nothing in these 21 provisions should be construed as prohibiting a Non-Party from seeking 22 23 24 25 26 27 28 additional protections. (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non13 1 Party that some or all of the information requested is subject to a 2 confidentiality agreement with a Non-Party; 3 (2) promptly provide the Non-Party with a copy of the Stipulated 4 Protective Order in this Action, the relevant discovery request(s), and a 5 reasonably specific description of the information requested; and 6 7 (3) make the information requested available for inspection by the Non-Party, if requested. 8 9 10 11 12 13 14 15 16 17 18 19 20 (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 If a Receiving Party learns that, by inadvertence or otherwise, it has 21 disclosed Protected Material to any person or in any circumstance not 22 authorized under this Stipulated Protective Order, the Receiving Party must 23 immediately (a) notify in writing the Designating Party of the unauthorized 24 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 25 Protected Material, (c) inform the person or persons to whom unauthorized 26 disclosures were made of all the terms of this Order, and (d) request such 27 person or persons to execute the “Acknowledgment an Agreement to Be 28 Bound” attached hereto as Exhibit A. 14 1 2 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 3 13.1 When a Producing Party gives notice to Receiving Parties that 4 certain inadvertently produced material is subject to a claim of privilege or 5 other protection, the obligations of the Receiving Parties are those set forth in 6 Federal Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to 7 modify whatever procedure may be established in an e-discovery order that 8 9 10 11 12 13 14 15 16 17 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. The parties agree and the Court orders that Federal Rules of Evidence, Rule 502, shall govern any Party’s intentional or inadvertent disclosures of attorney-privileged documents and attorney work product in this lawsuit, and that any such privilege or protection is not waived by the Party in this or in any 18 other federal or state proceeding as between the Parties hereto or anyone else, 19 even if those intentional or inadvertent disclosures were made in this matter. 20 13.2 If the Receiving Party has inadvertently received materials which 21 that party knows, or has reason to believe, are protected from disclosure under 22 the attorney-client privilege and/or attorney work product doctrine, that 23 Receiving Party shall immediately notify the party who produced those 24 materials. At all times, the Receiving Party shall treat those materials as 25 privileged and shall not review those materials, unless the producing party 26 indicates in writing that the materials are not privileged or protected from 27 disclosure under the work-product doctrine. If the materials are, in fact, 28 15 1 2 3 4 5 6 7 8 9 privileged or otherwise protected from disclosure, the Receiving Party shall promptly return or destroy the unmarked materials, and, if destroyed, shall confirm same in writing with the Designating Party. 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 10 to disclosing or producing any information or item on any ground not 11 addressed in this Stipulated Protective Order. Similarly, no Party waives any 12 right to object on any ground to use in evidence of any of the material covered 13 by this Protective Order. 14 14.3 Filing Protected Material. A Party that seeks to file under seal any 15 Protected Material must comply with Local Civil Rule 79-5. Protected 16 Material may only be filed under seal pursuant to a court order authorizing the 17 sealing of the specific Protected Material. If a Party’s request to file Protected 18 Material under seal is denied by the court, then the Receiving Party may file 19 the information in the public record unless otherwise instructed by the court. 20 15. 21 Within sixty (60) calendar days after the Final Disposition of this 22 23 24 25 26 27 28 FINAL DISPOSITION Action, as defined in paragraph 4.16, each Receiving Party must return all Protected Material to the Producing Party or destroy such material. As used in this subdivision, “all Protected Material” includes all 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 16 1 Producing Party (and, if not the same person or entity, to the Designating 2 Party) by the 60-day deadline that (1) identifies (by category, where 3 appropriate) all the Protected Material that was returned or destroyed and (2) 4 affirms that the Receiving Party has not retained any copies, abstracts, 5 compilations, summaries or any other format reproducing or capturing any of 6 the Protected Material. Notwithstanding this provision, Counsel are entitled to 7 retain an archival copy of all pleadings, motion papers, trial, deposition, and 8 9 10 11 12 13 14 15 16 17 18 19 20 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 archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 6 (DURATION). 16. VIOLATION Any violation of this Order may be punished by appropriate measures including, without limitation, contempt proceedings and/or monetary sanctions. IT IS SO ORDERED. DATED: May 22, 2023 21 22 23 24 _________________________________ JOHN D. EARLY United States Magistrate Judge 25 26 27 28 17 1 EXHIBIT A 2 CERTIFICATE REGARDING CONFIDENTIALITY 3 4 I hereby certify the following: (a) I understand that Confidential 5 Information is being provided to me under the terms and restrictions of the 6 Parties’ Stipulation and Protective Order in Karlsson v. Security Innovation, Inc., 7 United States District Court for the Central District of California, Case No. 8 8:23-cv-00037-JWH-JDE, and (b) I have read the Stipulation and Protective 9 Order. I understand and agree to be bound by the terms of the Stipulation and 10 Protective Order and will not disclose to anyone the Confidential Information 11 or the substance of any Confidential Information that I have received or 12 reviewed in this case. I hereby submit to the jurisdiction of the Central District 13 Court for purposes of enforcing the Stipulation and Protective Order. I also 14 agree to return all Confidential Information including all tangible things and to 15 delete all electronic files containing Confidential Information received by me 16 during the course of my involvement with this litigation within sixty (60) 17 calendar days of the settlement or final resolution of this matter (i.e. a 18 settlement by all parties or a verdict for which all appeals have been 19 exhausted). 20 I understand that if I violate the Stipulation and Protective Order, I will 21 be in contempt of court and may also be liable for civil damages in favor of the 22 Party who produced the Confidential Information. 23 24 25 DATED: _______________ (Signature) 26 27 28 Name: (Print Name) 18 1 2 3 Company Name: Address: 4 5 6 7 8 Telephone Number: E-mail: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1295547/76920204v.1 19

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