The Perfect Part, Inc. v. 4Paw Pet Supplies, Inc. et al

Filing 36

STIPULATED PROTECTIVE ORDER 34 by Magistrate Judge Douglas F. McCormick. See document for details. (es)

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Ranjan A. Lahiri(SBN 232531)
[e-mail]
Wood, Smith, Henning &
Berman LLP
6A Liberty Street, Suite 200
Aliso Viejo, California 92656
Telephone: [phone]

Mandana Jafarinejad (SBN 273907)
PDQGDQD#PMLQWHOOHFWXDOSURSHUW\FRP
Law Offices of Mandana
Jafarinejad 1 Park Plaza, Suite 600
Irvine, CA 92614
Telephone: [phone]
Attorney for Plaintiff

Attorney for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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THE PERFECT PART, INC., a
California Corporation,
Plaintiff,

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v.
4PAWS PET SUPPLIES, INC., a
California corporation; SUNIL
NAIDU, an individual; and DOES 1
through 10, inclusive,
Defendant.

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Case No. 8:23-cv-00103-MRA-DFM
STIPULATED PROTECTIVE
ORDER
Hon. Monica Ramirez Almadani

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Plaintiff, THE PERFECT PART, INC., a California Corporation, and

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Defendants 4PAWS PET SUPPLIES, INC., a California corporation, and SUNIL

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NAIDU, an individual, (collectively “Parties”) by and through their counsel of

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record hereby agree and stipulate as follows:

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The Parties, recognizing that each may have materials containing trade

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secret or other confidential research, technical, cost, price, sales, marketing, or

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other commercial information, as is contemplated by Federal Rule of Civil

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Procedure 26(c), have agreed to the terms of the Stipulated Protective Order as

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set forth below. The purpose of this Order is to protect the confidentiality of such

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materials as much as practical during the litigation.

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The Parties acknowledge that this Order does not confer blanket

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protections on all disclosures or responses to discovery and that the protection it

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affords from public disclosure and use extends only to the limited information or

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items that are entitled to confidential treatment under the applicable legal

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principles.

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The Parties also affirm that they have not withheld from production any

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documents or refused to produce documents that are not protected by this

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Stipulated Protective Order in response to initial disclosures or prior written

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discovery.

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I.

GOOD CAUSE STATEMENT

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

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

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proprietary information for which special protection from public disclosure and

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from use for any purpose other than prosecution or defense of this Action is

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warranted. Such confidential and proprietary materials and information consist

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

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information regarding confidential business practices, or other confidential

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research, development, or commercial information (including information
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implicating privacy rights of third parties), information otherwise generally

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unavailable to the public, or which may be privileged or otherwise protected from

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disclosure under state or federal statutes, court rules, case decisions, or common

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law. Accordingly, to expedite the production of information and documents

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through discovery, to expedite the flow of information, to facilitate the prompt

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resolution of disputes over confidentiality of discovery materials, to adequately

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protect information the parties are entitled to keep confidential, to ensure that the

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parties are permitted reasonable necessary uses of such material in preparation for

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and in the conduct of trial, to address their handling at the end of the litigation,

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and serve the ends of justice, a protective order for such information is justified

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in this matter. It is the intent of the parties that information will not be designated

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as confidential for tactical reasons and that nothing be so designated without a

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good faith belief that it has been maintained in a confidential, non-public manner,

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and there is good cause why it should be protected by a protective order and not

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be part of the public record of this case.

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II.

ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER

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SEAL

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The parties further acknowledge, as set forth in Section 14.3, below, that

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this Stipulated Protective Order does not entitle them to file confidential

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information under seal. Local Civil Rule 79-5 sets forth the procedures that must

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be followed and the standards that will be applied when a party seeks permission

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from the court to file material under seal.

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In accordance with Local Rule 79-5, if any papers to be filed with the Court

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contain information and/or documents that have been designated as confidential,

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the proposed filing shall be accompanied by an application to file papers or the

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portion thereof containing the designated information or documents (if such

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portion is segregable) under seal. The parties further acknowledge that Local Rule

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79-5.2.2(b) sets forth the procedures to be followed when filing papers containing
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confidential information or documents designated by another party including

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notice to the designating party at least 3 days before filing.

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III.

PURPOSE AND LIMITATIONS

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Disclosure and discovery activity in this Action are likely to involve

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production of confidential, proprietary, or private information for which special

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

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prosecuting this litigation may be warranted. Accordingly, the parties hereby

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stipulate to and petition the court to enter the following Stipulated Protective

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Order. The parties acknowledge that this Order does not confer blanket

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protections on all disclosures or responses to discovery and that the protection it

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affords from public disclosure and use extends only to the limited information or

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items that are entitled to confidential treatment under the applicable legal

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principles. The parties further acknowledge, as set forth in Section 14.3 below,

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that this Protective Order does not authorize filing protected materials under seal.

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IV.

DEFINITIONS

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4.1.

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4.2. Challenging Party: a Party that challenges the designation of

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Action: this pending federal law suit.

information or items under this Order.
4.2.

“CONFIDENTIAL”

Information

or

Items:

information

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

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Designating Party believes in good faith constitutes or embodies information or

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materials used by the Designating Party in or pertaining to its business, which

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information or materials are not generally known and which the Designating Party

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would not normally reveal to third parties or would require third parties to

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maintain in confidence, and any other information that would qualify for

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protection under Federal Rule of Civil Procedure 26(c).

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4.3.

Designating Party: a Party or Non-Party that designates

information or items that it produces in disclosures or in responses to discovery
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as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY.”

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4.4.

Disclosure or Discovery Material: all items or information,

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

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

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

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4.5.

Expert: a person with specialized knowledge or experience in a

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matter pertinent to the litigation who (1) has been retained by a Party or its counsel

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to serve as an expert witness or as a consultant in this Action, (2) is not a past or

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current employee of a Party or of a Party’s competitor, and (3) at the time of

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retention, is not anticipated to become an employee of a Party or of a Party’s

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competitor.

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4.6.

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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Information or Items: Material or information, whether tangible or intangible,

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that is extremely sensitive and disclosure of which to another Party or Non-Party

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would create a substantial risk of serious harm that could not be avoided by less

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restrictive means, including, but not limited to: (1) technical information such as

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product design, formulation, composition, or structure; (2) information within the

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definition of trade secret provided by state or federal law; (3) formulae,

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algorithms, or source code; (4) research, development or clinical information,

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including, without limitation, information related to methods, processes, and

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techniques; (5) customer, collaborator, or vendor lists; (6) sales, cost, pricing,

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licensing fees and royalties, or other financial information or records; (7) plans

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for strategic initiatives, marketing plans, research or business plans or strategies;

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(8) any other information that contains the Designating Party’s trade secrets,

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know-how, unpatented inventions, or other confidential research, development,

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clinical or commercial, personal, health, and/or financial information of a highly

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sensitive nature; or (9) any other information that may cause significant harm to,
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and/or breach the privacy of, the Designating Party or its obligations to third

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parties if disclosed to persons other than those described in Section 9 (ACCESS

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TO AND USE OF PROTECTED MATERIAL) below.

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4.7.

Non-Party:

any

natural

person,

partnership,

corporation,

association, or other legal entity not named as a Party to this Action.
4.8.

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

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

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and have appeared in this Action on behalf of that party or are affiliated (e.g.,

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partner, associate, of counsel, etc.) with a law firm that has appeared in this Action

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on behalf of that party. Outside Counsel of Record includes support staff within

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the law firm to which such appearing attorneys are affiliated.

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4.9.

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

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

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their support staff).

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4.10. Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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4.11. Professional Vendors: persons or entities that provide litigation

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

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

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medium) and their employees and subcontractors.

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4.12. Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY.”

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4.13. Receiving Party: a Party that receives Disclosure or Discovery
Material from a Producing Party.
4.14. Requesting Party: the Party that served the discovery request
seeking the information or documents at issue.

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V.

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SCOPE

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The protections conferred by this Stipulation and Order cover not only

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

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

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

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

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However, the protections conferred by this Stipulation and Order do not cover the

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following information: (a) any information that is in the public domain at the time

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of disclosure to a Receiving Party or becomes part of the public domain after its

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disclosure to a Receiving Party as a result of publication not involving a violation

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of this Order, including becoming part of the public record through trial or

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otherwise; and (b) any information known to the Receiving Party prior to the

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disclosure or obtained by the Receiving Party after the disclosure from a source

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who obtained the information lawfully and under no obligation of confidentiality

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to the Designating Party. Any use of Protected Material at trial shall be governed

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by a separate agreement or order.

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VI.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this Action,

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with or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of

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time pursuant to applicable law. The Court shall retain jurisdiction to enforce this

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Order during and beyond final disposition of this Action.

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VII.
7.1.

DESIGNATING PROTECTED MATERIAL

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

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protection under this Order shall take care to limit any such designation to specific

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material that qualifies under the appropriate standards. To the extent it is practical

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to do so, the Designating Party shall designate for protection only those parts of

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

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protection under this Order– so that other portions of the material, documents,

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

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unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited.

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

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

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development process or to impose unnecessary expenses and burdens on other

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parties) expose the Designating Party to sanctions.

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7.2.

Manner and Timing of Designations. Except as otherwise

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provided in this Order (see, e.g., second paragraph of section 7.2(a) below), or as

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otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies

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

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is disclosed or produced.

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Designation in conformity with this Order requires:

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

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documents, but excluding transcripts of depositions or other pretrial or trial

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proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (or “HIGHLY

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CONFIDENTIAL – AEO” as space permits) to each page that contains protected

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

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protection, the Producing Party also must clearly identify the protected portion(s)

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

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A Party or Non-Party that makes original documents or materials available
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for inspection need not designate them for protection until after the inspecting

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

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

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inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’

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

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copied and produced, the Producing Party must within five (5) business days,

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determine which documents, or portions thereof, qualify for protection under this

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Order, and produce the responsive documents. , Before producing the specified

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documents, the Producing Party must affix the appropriate legend

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(“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY”) to each page that contains Protected Material. If only a portion or

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

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

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markings in the margins).

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(b) for testimony given in deposition, that the Designating Party identify

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all protected testimony and specify the level of protection being asserted either

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on the record or within five (5) business days of receiving the official transcript.

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Unless the Designating Party agrees otherwise, the entirety of such testimony

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shall be automatically treated as “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY” for a period of five (5) business days days from receipt of an

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official transcript of such testimony. If no protection is sought by a Party within

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the five (5) business day period period, the testimony will not be designated as or

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considered either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY”.

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

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affect the document’s designation as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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Transcripts containing Protected Material shall have an obvious legend on
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the title page that the transcript contains Protected Material, and the title page

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

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

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

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reporter of these requirements.

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

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and for any other tangible items, that the Producing Party affix in a prominent

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place on the exterior of the container or containers in which the information or

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item is stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” (“HIGHLY CONFIDENTIAL–AEO” as space

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permits). If that matter is stored or recorded electronically (including databases,

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images, or programs stored on computers, discs, networks or backup tapes) and a

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legend cannot be affixed on it, the Designating Party may designate such material

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as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES

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ONLY” by cover letter identifying the Protected Material. Parties other than the

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Producing Party shall also have the right to designate such materials for

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confidential treatment in accordance with this Order by written notice. If only a

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portion or portions of the information or item warrant protection, the Producing

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Party, to the extent practicable, shall identify the protected portion(s).

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7.3.

Inadvertent Failures to Designate. An inadvertent failure to

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designate as Protected Material qualified information or items does not, standing

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

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for such material. Upon discovery of such inadvertent failure the Designating

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Party must promptly correct the designation and provide notice to the Receiving

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Party, who must make reasonable efforts to assure that the material is treated as

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Protected Material.

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The Producing Party may subsequently designate Discovery Material as

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Protected Material in the following manner: (a) the Producing Party must give
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prompt, written notice to Outside Counsel of Record for the Party to whom such

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documents, testimony, or other information have been disclosed informing them

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that the information produced is designated Protected Material; (b) Outside

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Counsel of Record receiving notice of newly designated documents, testimony or

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other information, shall take reasonable steps to comply with such new

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designation, including reasonable steps to retrieve any documents distributed

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inconsistent with such new designation, but shall not be responsible for any

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disclosure to non-parties occurring before receipt of notice; and (c) at its own

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expense, the Designating Party will provide the Party receiving the notice with

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another copy of the documents, deposition testimony, or other information that

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bears the appropriate designation.

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VIII.

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a.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
Objections to Designation. If, after a party receives information

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designated as "Confidential," it appears to the receiving party that such

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information is not entitled to the protections afforded under this Protective Order,

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such receiving party shall first notify counsel of record for the designating party

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in writing within seven (7) business days of receiving any such designations.

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When notice of such objection is received, counsel shall promptly meet and

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confer in good faith in attempt to resolve the matter.

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If counsel are unable to reach an agreement through the meet and confer

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process, the party challenging the designation may proceed with moving papers

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and the procedures set forth in Local Rule 37-2. Any motion brought pursuant to

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this provision must be accompanied by a declaration that complies with Local

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Rule 37-1.

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b.

A party may seek to eliminate and/or change a confidentiality

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designation at any time. No party to this action shall be obligated to challenge

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the propriety of any designation by any other party, and a failure to do so shall

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not constitute a waiver or in any way preclude a subsequent challenge in this or
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any other action of the propriety of such designations. Any information that has

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been produced and designated as "Confidential," but is subject to a dispute as to

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the information’s proper designation, shall be treated as "Confidential" pending

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the resolution of the dispute.

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IX.

ACCESS TO AND USE OF PROTECTED MATERIAL

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9.1.

Basic Principles. A Receiving Party may use Protected Material that

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

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

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

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under the conditions described in this Order. When the litigation has been

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terminated, a Receiving Party must comply with the provisions of section 16

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below (FINAL DISPOSITION).

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

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

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authorized under this Order.

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Furthermore, nothing in this Order is intended nor shall be construed as

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interfering with or affecting the right of counsel to communicate with their clients

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pertaining to information that is contained in "Confidential" documents.

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9.2.

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

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a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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

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(b) the officers, directors, and employees of the Receiving Party to whom

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disclosure is reasonably necessary for this litigation and who have signed the

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

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(c) Experts (as defined in this Order) of the Receiving Party, and their

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support staff, if any, to whom disclosure is reasonably necessary for this litigation
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and who have signed the “Acknowledgment and Agreement to Be Bound”

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(Exhibit A);

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(d) the court and its personnel;

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(e) court reporters and their staff and Professional Vendors to whom

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disclosure is reasonably necessary for this litigation;
(f) professional jury or trial consultants and mock jurors who have signed

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the “Acknowledgement and Agreement to Be Bound” (Exhibit A);
(g) the author or recipient of a document containing the information or a

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custodian or other person who otherwise possessed or knew the information;
(h) neutral evaluators, mediators or arbitrators assigned to the case by the

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Court or retained for the case by the mutual agreement of the Parties; and
(i) at a deposition or hearing, the attorney for a witness who is shown the

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information or item.
9.3.

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Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’

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

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

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any

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ATTORNEYS’ EYES ONLY” only to:

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information

or

item

designated

“HIGHLY

CONFIDENTIAL

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(a) those persons listed in Section 9.2(a), (d)-(i) to whom disclosure is
reasonably necessary for this litigation and

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(b) Experts as set forth in Section 9.2(c) above as long as the Expert is not

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a past or current officer, director, owner, member, partner, contractor or employee

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of a Party or of a competitor of a Party, nor anticipated at the time of retention to

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become an officer, director, owner, member, partner, contractor, or employee of

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a Party or a competitor of a Party and the Expert signs the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A).

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X.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

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PRODUCED IN OTHER LITIGATION

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If a Party is served with a subpoena or a court order issued in other litigation

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall

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include a copy of the subpoena or court order;

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

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

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

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

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by the Designating Party whose Protected Material may be affected.

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

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

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this Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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

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

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

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

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provisions should be construed as authorizing or encouraging a Receiving Party

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in this Action to disobey a lawful directive from another court.

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XI.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION

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

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

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Such information produced
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by Non-Parties in connection with this litigation is protected by the remedies and

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relief provided by this Order. Nothing in these provisions should be construed as

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prohibiting a Non-Party from seeking additional protections.

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

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

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

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Non-Party’s confidential information, then the Producing Party shall:
(1)

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promptly notify in writing the Requesting Party and the Non-Party

that some or all of the information requested is subject to a confidentiality
agreement with a Non-Party;
(2)

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promptly provide the Non-Party with a copy of the Stipulated

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Protective Order in this Action, the relevant discovery request(s), and a

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reasonably specific description of the information requested; and
(3)

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make the information requested available for inspection by the Non-

Party, if requested.

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If the Non-Party fails to seek a protective order from this court within 14

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days of receiving the notice and accompanying information, the Producing Party

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may produce the Non-Party’s confidential information responsive to the

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discovery request. If the Non-Party timely seeks a protective order, the Producing

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Party shall not produce any information in its possession or control that is subject

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to the confidentiality agreement with the Non-Party before a determination by the

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court. Absent a court order to the contrary, the Non-Party shall bear the burden

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and expense of seeking protection in this court of its Protected Material.

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XII.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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disclosed Protected Material to any person or in any circumstance not authorized

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

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notify in writing the Designating Party of the unauthorized disclosures, (b) use its
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best efforts to retrieve all unauthorized copies of the Protected Material, (c)

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

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

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

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A.

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XIII.

INADVERTENT PRODUCTION OF PRIVILEGED OR

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OTHERWISE PROTECTED MATERIAL

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When a Producing Party gives notice to the Receiving Party that certain

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

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

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Rule of Civil Procedure 26(b)(5)(B) and the California Rules of Professional

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Conduct.

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A Producing Party must promptly notify the Receiving Party, in writing,

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that it has inadvertently disclosed Protected Information. Within five (5) business

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days of such notification, the Receiving Party shall return such information or

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documents or confirm in writing that it has taken reasonable steps to permanently

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delete all electronic copies of such documents from electronic records and to

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destroy all paper copies. If the Receiving Party has disclosed the information to

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others before being notified of the claim of privilege or protection, the Receiving

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Party must take reasonable steps to retrieve and return or destroy the disclosed

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information. No use shall be made of such documents or information during

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deposition or at trial, nor shall such documents or information be shown to anyone

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after the request that they be returned. The Receiving Party may move the court

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for an order compelling production of such information (based on information

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independent of the content of the allegedly privileged materials in question), but

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the motion shall not assert as a ground for production the fact or circumstances of

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the inadvertent production. If a claim is disputed, the Receiving Party shall not

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use or disclose a document or information for which a claim of privilege or
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immunity is made pursuant to this paragraph for any purpose until the matter is

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resolved by agreement of the parties or by a decision of this Court. If a Party

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becomes aware that it has received documents that are clearly privileged, the

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Party receiving the privileged documents will promptly notify the Producing

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Party of receipt of the documents and return or destroy all copies of the privileged

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documents, if the Producing Party so requests within 10 days after being advised

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of the inadvertent production. If the Producing Party does not request return or

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destruction of the identified privileged documents within this 10 day time period,

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the Producing Party will be deemed to have waived the privilege, but only with

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respect to the specific documents identified.

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12
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XIV.

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.

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14.2. Right to Assert Other Objections. By stipulating to the entry of

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this Protective Order no Party waives any right it otherwise would have to object

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

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

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

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Order.

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14.3. Filing Protected Material. Without written permission from the

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Designating Party or a court order secured after appropriate notice to all interested

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persons, a Party may not file in the public record in this Action any Protected

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Material. No document may be filed with the Court under seal without prior

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approval by the Court with respect to each such filing after following the Court’s

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guides, rules and orders regarding filing documents under seal, including filing

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an Application for Leave to File Under Seal as set forth in Local Rule 79-5. In

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accordance with Local Rule 79-5, if any papers to be filed with the Court contain

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information and/or documents that have been designated as confidential, the
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proposed filing shall be accompanied by an application to file papers or the

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portion thereof containing the designated information or documents (if such

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portion is segregable) under seal. The parties further acknowledge that Local Rule

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79-5.2.2(b) sets forth the procedures to be followed when filing papers containing

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confidential information or documents designated by another party including

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notice to the designating party at least 3 days before filing.

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The burden of demonstrating the need for and appropriateness of a sealing

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order is borne by the moving party, and requires the moving party to analyze in

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detail, document by document, the propriety of secrecy, providing reasons and

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legal citations. Regardless of whether the parties agree, it remains the Court’s

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independent obligation to determine whether a seal is appropriate for any given

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document or portion thereof. Any proposed sealing, even when compelling

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reasons exist, must be narrowly tailored to serve the compelling reasons.

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XV.

ADMISSIONS AND WAIVERS.

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Neither the entry of this Order, nor the designation of any information or

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documents as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY,” or failure to make such a designation, shall

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constitute evidence or any admission with respect to any issue in the case, and

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shall not constitute a waiver of any objections to the disclosure of such

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information. Nothing in this Order shall be construed as waiving any objections

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of either Party as to the admissibility of a particular document into evidence.

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XVI.

FINAL DISPOSITION

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Within 60 days after the final disposition of this Action, as defined in

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Section 6 each Receiving Party must return all Protected Material to the

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Producing Party or destroy such material. As used in this subdivision, “all

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Protected Material” includes all copies, abstracts, compilations, summaries, and

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

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the Protected Material is returned or destroyed, the Receiving Party must submit
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SO STIPULATED BY:

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Dated: August 30, 2024

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Counsel for Plaintiff

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By: /s/ Mandana Jafarinejad
Mandana Jafarinejad
Law Offices of Mandana Jafarinejad, P.C.
1 Park Plaza, Suite 600
Irvine, CA 92614
Phone: [phone]

Dated: August 30, 2024

By: /s/Ranjan A. Lahiri
Ranjan A. Lahiri
WOOD, SMITH, HENNING & BERMAN LLP
6A Liberty Street, Suite 200
Aliso Viejo, California 92656
Phone: [phone]
Counsel for Defendants

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2
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EXHIBIT A
AGREEMENT TO BE BOUND BY PROTECTIVE ORDER
I,

[print

or

type

full

name],

of

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________________________ [print or type full address] acknowledge and

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declare under penalty of perjury that I have read in its entirety and understand

6

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

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Court for the Central District of California in the case of The Perfect Part, Inc.

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v. 4Paws Pet Supplies, Inc., et al., No. 8:23-cv-00103-MRA-DFM. Having read

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and understood the terms of the Stipulated Protective Order, I agree to comply

10

with and to be bound by all the terms of the Stipulated Protective Order and I

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understand and acknowledge that failure to so comply could expose me to

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sanctions and punishment in the nature of contempt. I solemnly promise that I

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will not disclose in any manner any information or item that is subject to this

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Stipulated Protective Order to any person or entity except in strict compliance

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with the provisions of this Stipulated Protective Order.

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

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

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terms of this Stipulated Protective Order, even if such enforcement

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proceedings occur after termination of this Action.

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Date:

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City and State where sworn and signed:

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Printed Name:

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Signature:

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