Kolon Industries, Inc. v. Hyosung Advanced Materials Corp. et al

Filing 80

STIPULATED PROTECTIVE ORDER by Magistrate Judge John D. Early. re Stipulation for Protective Order 78 (mba)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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Kolon Industries, Inc.,

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Plaintiff,

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Case No. 8:24-cv-00415-JVS-JDE
STIPULATED PROTECTIVE ORDER

v.
Hyosung Advanced Materials Corp.
and Hyosung USA, Inc.,
Defendants.

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Based on the parties’ Stipulation (Dkt. 78) and the Court’s review of the

18 docket and for good cause shown, the Court finds and orders as follows.
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1.

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

PURPOSES AND LIMITATIONS

21 proprietary or private information for which special protection from disclosure and
22 from use for any purpose other than pursuing this litigation may be warranted. This
23 Order does not confer blanket protections on all disclosures during discovery.
24 Designations under this Order shall be made with care and with a good-faith belief
25 that the designated material satisfies the criteria set forth below.
26 2.

DEFINITIONS

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2.1

Action: This pending federal lawsuit - Kolon Indus., Inc. v. Hyosung

28 Advanced Materials Corp. et al., Case No. 8-24-cv-00415-JVS-JDE (C.D. Cal.).
STIPULATED PROTECTIVE ORDER

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2.2

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

designation of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of

how it is generated, stored or maintained) or tangible things that qualify for
protection under Federal Rule of Civil Procedure 26(c).
2.4

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

their support staff).
2.5

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

items that it produces in disclosures or responses to discovery as “CONFIDENTIAL”
or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
2.6

Disclosure or Discovery Material: all items or information, regardless

of the medium or manner in which it is generated, stored, or maintained (including,
among other things, testimony, transcripts, and tangible things), that are produced
or generated in disclosures or responses to discovery.
2.7

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

pertinent to the litigation who has been retained by a Party or its counsel to serve
as an expert witness or as a consultant in this Action.
2.8

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

Information or Items: extremely sensitive “Confidential Information or Items,”
disclosure of which to another Party or Non-Party, even under the restricted terms
and conditions applicable to material designated “CONFIDENTIAL,” would not
adequately protect the interests of the Designating Party. Examples of HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY material include, but are not
limited to, the following:
A.

Confidential licenses, licensing terms, and communications regarding

licensing;
B.

Confidential sales, pricing, profit, and other financial information;
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STIPULATED PROTECTIVE ORDER

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C.

Confidential business, marketing, and strategic plans and forecasts;

D.

Confidential technical information, including design, development,

engineering, manufacturing, and testing documents;
E.

Employee personal information, to the extent such information is

produced and not redacted;
F.

Trade Secrets;

G.

Confidential customer information; and

H.

Any other type or category of information which a Producing Party

believes must be held in highest level of confidence because it could otherwise
create a competitive disadvantage.
2.9

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.
2.10 Non-Party: any natural person, partnership, corporation,
association, or other legal entity not named as a Party to this action.
2.11 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.
2.12 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).
2.13 Producing Party: a Party or Non-Party that produces Disclosure
or Discovery Material in this Action.
2.14 Professional Vendors: persons or entities that provide litigation
support services (e.g., photocopying, videotaping, translating, preparing exhibits or

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STIPULATED PROTECTIVE ORDER

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demonstrations, and organizing, storing, or retrieving data in any form or medium)
and their employees and subcontractors.
2.15 Protected Material: any Disclosure or Discovery Material
designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY.”
2.16 Receiving Party: a Party that receives Disclosure or Discovery
Material from a Producing Party.
3.

SCOPE

The protections conferred by this Stipulation and Order cover not only
Protected Material (as defined above), but also (1) any information copied or
extracted from Protected Material; (2) all copies, excerpts, summaries, or
compilations of Protected Material; and (3) any testimony, conversations, or
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.
4.

DURATION

Even after the Final Disposition of this case, the confidentiality obligations
imposed by this Order shall remain in effect until a Producing Party agrees
otherwise in writing or a court order otherwise directs.
Once a case proceeds to trial, Protected Material under this order that is
introduced as an exhibit at trial will be presumptively available to all members of
the public, including the press, unless compelling reasons supported by specific
factual findings to proceed otherwise are made to the trial judge in advance of the
trial. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th
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[PROPOSED] ORDER

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Cir. 2006) (distinguishing “good cause” showing for sealing documents produced
in discovery from “compelling reasons” standard when merits-related documents
are part of court record). Accordingly, the terms of this order do not extend beyond
the commencement of the trial for material introduced at trial.
5.

DESIGNATING PROTECTED MATERIAL

Each Party or Non-Party that designates information or items for protection
under this Order must take care to limit any such designation to specific material
that qualifies under the appropriate standards. The Designating Party must
designate for protection only those parts of material, documents, items or oral or
written communications that qualify so that other portions of the material,
documents, items or communications for which protection is not warranted are not
swept unjustifiably within the ambit of this Order.
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.
5.1

Manner and Timing of Designations. Except as otherwise provided in

this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material
that qualifies for protection under this Order must be clearly so designated before
the material is disclosed or produced.
Designation in conformity with this Order requires:
(a)

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

documents, but excluding transcripts of depositions or other pretrial or trial
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STIPULATED PROTECTIVE ORDER

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proceedings), that the Producing Party affix at a minimum, the legend
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains
protected material.
A 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” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY.” 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.
(b)

for testimony given in depositions that the Designating Party

identifies the Disclosure or Discovery Material on the record, before the close of
the deposition all protected testimony. When it is impractical to identify separately
each portion of testimony entitled to protection and it appears that substantial
portions of the testimony may qualify for protection, the Designating Party may
invoke on the record (before the deposition is concluded) a right to have up to 30
days from the time the final transcript is received by the Designating Party to
identify the specific portions of the testimony as to which protection is sought and
to specify the level of protection being asserted. Only those portions of the
testimony that are appropriately designated for protection within the 30 days shall
be covered by the provisions of this Protective. Alternatively, a Designating Party
may specify, at the deposition or up to 30 days afterwards if that period is properly
invoked, that the entire transcript shall be treated as “CONFIDENTIAL” or
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STIPULATED PROTECTIVE ORDER

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” In the event that
the deposition is videotaped, the original and all copies of the videotape shall be
marked by the video technician pursuant to the terms of this Order to indicate that
the contents of the videotape are subject to this Order.
Parties shall give the other parties notice if they reasonably expect a
deposition to include Protected Material so that the other parties can ensure that
only authorized individuals including those who have signed the “Acknowledgment
and Agreement to Be Bound” (Exhibit A) are present at those depositions. Counsel
for the Producing Party has the right to exclude from oral depositions—other than
the deponent, the deponent’s counsel, the reporter, and the videographer (if any)—
any person who is not authorized by this Protective Order to receive or access
Protected Material based on the designation of such Protected Material. Such right
of exclusion shall be applicable only during periods of examination or testimony
about such Protected Material. The use of a document as an exhibit at a deposition
shall not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
Transcripts containing Protected Material shall have an obvious legend on
the title page that the transcript contains Protected Material, and the title page shall
be followed by a list of all pages (including line numbers as appropriate) that have
been designated as Protected Material and the level of protection being asserted by
the Designating Party. The Designating Party shall inform the court reporter of
these requirements. Any transcript prepared before the expiration of the 30-day
period for designation shall be treated during that period as if it had been
designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its
entirety unless otherwise agreed. After the expiration of that period, the transcript
shall be treated only as actually designated.

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STIPULATED PROTECTIVE ORDER

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(c)

for information produced in some form other than documentary

and for any other tangible items, that the Producing Party affix in a prominent
place on the exterior of the container or containers in which the information is
stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY.” If the information or tangible item cannot be
conveniently labeled, it shall be designated by written notice to all Receiving
Parties. If only a portion or portions of the information warrants protection, the
Producing Party, to the extent practicable, shall identify the protected portion(s).
5.2

Inadvertent Failures to Designate. If timely corrected, an 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. 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.
6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.1.

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

designation of confidentiality at any time that is consistent with the Court’s
Scheduling Order.
6.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37-1 et seq.
6.3

Joint Stipulation. Any challenge submitted to the Court shall be via a

joint stipulation pursuant to Local Rule 37-2.
6.4

The burden of persuasion in any such challenge proceeding shall be

on the Designating Party. Frivolous challenges, and those made for an improper
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
parties) may expose the Challenging Party to sanctions. Unless the Designating
Party has waived or withdrawn the confidentiality designation, all parties shall
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STIPULATED PROTECTIVE ORDER

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continue to afford the material in question the level of protection to which it is
entitled under the Producing Party’s designation until the Court rules on the
challenge.
7.

ACCESS TO AND USE OF PROTECTED MATERIAL

7.1

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

disclosed or produced by another Party or by a Non-Party in connection with this
Action for prosecuting, defending or attempting to settle this Action only. Such
Protected Material may be disclosed only to the categories of persons and under
the conditions described in this Order. When the Action has been terminated, a
Receiving Party must comply with the provisions of section 14 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.
7.2

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 Action,

as well as employees of said Outside Counsel of Record to whom it is reasonably
necessary to disclose the information for this Action;
(b)

the House Counsel and foreign counsel of the Receiving Party

to whom disclosure is reasonably necessary for this Action who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(c)

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

whom disclosure is reasonably necessary for this Action and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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STIPULATED PROTECTIVE ORDER

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(d)

the court and its personnel;

(e)

court reporters and their staff;

(f)

professional jury or trial consultants, mock jurors, and

Professional Vendors to whom disclosure is reasonably necessary for this Action;
(g)

the author or recipient of a document containing the

information or a custodian or other person who otherwise possessed or knew the
information;
(h)

any mediators or settlement officers and their supporting

personnel, mutually agreed upon by any of the parties engaged in settlement
discussions.
(i)

Any other person with the prior written consent of the

Producing Party.
7.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY” Information or Items. Unless otherwise ordered by the court or permitted
in writing by the Designating Party, a Receiving Party may disclose any
information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY” only to the persons identified in 7.2(a) and 7.2(d) through (i).
8.

NOTICE OF DISCLOSURE

(a)

Prior to disclosing any Protected Material to any person described in

Paragraph 7.2(c) (referenced below as “Person”), the Party seeking to disclose such
information shall provide the Producing Party with written notice that includes:
(i)

the name of the Person;

(ii)

an up-to-date curriculum vitae of the Person;

(iii)

the present employer and title of the Person;

(iv)

an identification of all of the Person's past and current

employment and consulting relationships going back five (5) years;

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STIPULATED PROTECTIVE ORDER

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(v)

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a list of the cases in which the Person has testified at deposition

or trial within the last five (5) years.
(b)

Within fourteen (14) days of receipt of the disclosure of the Person,

the Producing Party or Parties may object in writing to the Person for good cause.
In the absence of an objection at the end of the fourteen (14) day period, the Person
shall be deemed approved under this Protective Order. There shall be no disclosure
of Protected Material to the Person prior to expiration of this fourteen (14) day
period. If the Producing Party objects to disclosure to the Person within such
fourteen (14) day period, the Parties shall meet and confer via telephone or in
person within seven (7) days following the objection and attempt in good faith to
resolve the dispute on an informal basis. If the dispute is not resolved, the Party
objecting to the disclosure will have fourteen (14) days from the date of the meet
and confer to seek relief from the Court in accordance with Local Civil Rule 37-1,
et seq. If relief is not sought from the Court within that time, the objection shall be
deemed withdrawn. If relief is sought, designated materials shall not be disclosed
to the Person in question until the Court resolves the objection.
(c)

For purposes of this section, “good cause” shall include an objectively

reasonable concern that the Person will, advertently or inadvertently, use or
disclose Discovery Materials in a way or ways that are inconsistent with the
provisions contained in this Order.
(d)

Prior to receiving any Protected Material under this Order, the Person

must execute a copy of the “Acknowledgement and Agreement to Be Bound”
(Exhibit A hereto) and serve it on all Parties.
(e)

An initial failure to object to a Person under this Section shall not

preclude the nonobjecting Party from later objecting to continued access by that
Person for good cause. If an objection is made, the Parties shall meet and confer
via telephone or in person within seven (7) days following the objection and
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STIPULATED PROTECTIVE ORDER

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attempt in good faith to resolve the dispute informally. If the dispute is not
resolved, the Party objecting to the disclosure will have fourteen (14) days from
the date of the meet and confer to seek relief from the Court in accordance with
Local Rule 37-1, et seq. The designated Person may continue to have access to
information that was provided to such Person prior to the date of the objection. If a
later objection is made, no further Protected Material shall be disclosed to the
Person until the Court resolves the matter or the Producing Party withdraws its
objection. Notwithstanding the foregoing, if the Producing Party fails to move for a
protective order within fourteen (14) business days after the meet and confer,
further Protected Material may thereafter be provided to the Person.
9.

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION

If a Party is served with a subpoena or a court order issued in other litigation
that compels disclosure of any information or items designated in this Action as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY,” that Party must:
(a)

promptly notify in writing the Designating Party. Such

notification shall include a copy of the subpoena or court order;
(b)

promptly notify in writing the party who caused the subpoena

or order to issue in the other litigation that some or all of the material covered by
the subpoena or order is subject to this Protective Order. Such notification shall
include a copy of this Stipulated Protective Order; and
(c)

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected. If the
Designating Party timely seeks a protective order, the Party served with the
subpoena or court order shall not produce any information designated as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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STIPULATED PROTECTIVE ORDER

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ONLY” 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.
10.

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

The terms of this Order are applicable to information produced

by a Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced
by Non-Parties in connection with this litigation is protected by the remedies and
relief provided by this Order. Nothing in these provisions should be construed as
prohibiting a Non-Party from seeking 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 NonParty’s confidential information, then the Party shall:
(1)

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)

promptly provide the Non-Party with a copy of the

Stipulated Protective Order in this Action, the relevant discovery request(s), and a
reasonably specific description of the information requested; and
(3)

make the information requested available for inspection

by the Non-Party, if requested.

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(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.
11.

UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL

If a Receiving Party learns that, by inadvertence or otherwise, it has
disclosed Protected Material to any person or in any circumstance not authorized
under this Stipulated Protective Order, the Receiving Party must immediately (a)
notify in writing the Designating Party of the unauthorized disclosures, (b) use its
best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform
the person or persons to whom unauthorized disclosures were made of all the terms
of this Order, and (d) request such person or persons to execute the
“Acknowledgment and Agreement to Be Bound” attached hereto as Exhibit A.
12.

INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain
inadvertently produced material is subject to a claim of privilege or other
protection, the obligations of the Receiving Parties are those set forth in Federal
Rule of Civil Procedure 26(b)(5)(B).
Pursuant to Fed. R. Evid. 502(d), a Party’s inadvertent or otherwise
disclosure or production of any documents or information in this proceeding shall
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not, for the purposes of this proceeding, constitute a waiver by that Party of the
attorney-client privilege or work product protection as applicable to those
documents.
Any party receiving any such inadvertently or otherwise produced
documents or information shall return them to the producing party, upon request,
shall promptly delete any versions of the documents it maintains, and make no use
of the information contained therein, except as otherwise provided in this Order,
regardless of whether the receiving party agrees with the claim of privilege and/or
work product protection.
Nothing in this Order shall prevent a receiving party from challenging the
privilege or protection asserted by the producing party by following the procedure
outlined in this Order. Pursuant to Fed. R. Civ. P. 26, the producing party bears the
burden of establishing the privilege or protection of all such challenged documents.
The receiving party may not use information contained in the challenged
documents when contesting the privilege claim.
Disclosure of information or documents by the receiving party before the
producing party designates the information as protected shall not be deemed a
violation of this Order.
13.

MISCELLANEOUS

13.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the Court in the future.
13.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective Order, no Party waives any right it otherwise would have to object to
disclosing or producing any information or item on any ground not addressed in
this Stipulated Protective Order. Similarly, no Party waives any right to object on
any ground to use in evidence of any of the material covered by this Protective
Order.
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13.3 Filing Protected Material. A Party that seeks to file under seal any
Protected Material must comply with Local Civil Rule 79-5, et seq. Protected
Material may only be filed under seal pursuant to a court order authorizing the
sealing of the specific Protected Material. Designation of material as protected
under this Order does not, of itself, show good cause or compelling reasons
warranting sealing
14.

PROSECUTION BAR

Any Outside Counsel of Record or any Expert who receives Protected
Material designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY” shall not prepare, prosecute, supervise, or assist in the preparation or
prosecution of any patent application pertaining to the fields of invention of the
patents in suit on behalf of the Receiving Party or its acquirer, successor,
predecessor, or other affiliate during the pendency of this Action and for one year
after its conclusion, including any appeals.
For purposes of this Section, “prosecution” includes any activity related to
(i) the preparation or prosecution (for any person or entity) of patent applications,
including among others reissue applications or (ii) directly or indirectly
participating, drafting, amending, advising, or otherwise affecting the scope or
maintenance of patent claims. To ensure compliance with the purpose of this
provision, each Party shall create an “Ethical Wall” between those persons with
access to materials designated HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY and any individuals who, on behalf of the Party or its acquirer,
successor, predecessor, or other affiliate, prepare, prosecute, supervise or assist in
the preparation or prosecution of any patent application pertaining to the
technologies at issue.
To avoid any doubt, “prosecution,” as used in this Section, does not include
representing a Party or Non-Party in inter partes reviews or other post-grant
16

STIPULATED PROTECTIVE ORDER

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proceedings before the United States Patent and Trademark Office or any foreign
patent agency. This Prosecution Bar shall begin when access to “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information is first received
by the affected individual.
15.

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FINAL DISPOSITION

After the final disposition of this Action, within 60 days of a written request
by the Designating Party, each Receiving Party must return all Protected Material
to the Producing Party or destroy such material. For purposes of this Order, “Final
Disposition” occurs after an order, mandate, or dismissal finally terminating the
above-captioned action with prejudice, including all appeals. 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 Producing Party (and, if not the
same person or entity, to the Designating Party) by the 60-day deadline that (1)
identifies (by category, where appropriate) all the Protected Material that was
returned or destroyed and (2) affirms that the Receiving Party has not retained any
copies, abstracts, compilations, summaries, or any other format reproducing or
capturing any of the Protected Material. Notwithstanding this provision, Counsel
can retain an archival copy of all pleadings, motion papers, trial, deposition, and
hearing transcripts, legal memoranda, correspondence, deposition, and trial
exhibits, expert reports, attorney work product, and consultant and expert work
product, even if such materials contain Protected Material. Any such archival
copies that contain or constitute Protected Material remain subject to this
Protective Order as set forth in Section 4 (DURATION).
///
///
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STIPULATED PROTECTIVE ORDER

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16.

VIOLATION

Any violation of this Order may be punished by appropriate measures
including, without limitation, contempt proceedings and/or monetary sanctions.
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

7 DATED: September 26, 2024
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_________________________________
JOHN D. EARLY
United States Magistrate Judge

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18

STIPULATED PROTECTIVE ORDER

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _____________________________ [print or type full name], of

5 _________________ [print or type full address], declare under penalty of perjury
6 that I have read in its entirety and understand the Protective Order that was issued
7 by the United States District Court for the Central District of California on
8 September 26, 2024, in Kolon Indus., Inc. v. Hyosung Advanced Materials Corp. et
9 al., Case No. 8-24-cv-00415 (C.D. Cal.). I agree to comply with and to be bound
10 by all the terms of this Protective Order, and I understand and acknowledge that
11 failure to so comply could expose me to sanctions and punishment in the nature of
12 contempt. I solemnly promise that I will not disclose in any manner any
13 information or item that is subject to this Protective Order to any person or entity
14 except in strict compliance with the provisions of this Order.
15

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

16 Court for the Central District of California for enforcing the terms of this
17 Protective Order, even if those enforcement proceedings occur after termination of
18 this action.
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21 Date: _________________________________
22 City and State where sworn and signed: _________________________________
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24 Printed name: ______________________________
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[printed name]

26 Signature: __________________________________
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[signature]

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ACKNOWLEDGMENT AND
AGREEMENT TO BE BOUND