BYLT LLC v. BYLT Performance et al

Filing 31

STIPULATED PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick 30 . [See Order for details.] (san)

1 Aaron L. Renfro, Bar No. 255086
[e-mail]
2 L. Lisa Sandoval, Bar No. 310380
3 [e-mail]
CALL & JENSEN
4 A Professional Corporation
610 Newport Center Drive, Suite 700
5 Newport Beach, CA 92660
6 Tel: [phone]
7 Attorneys for Plaintiff BYLT, LLC
8 [additional counsel on the next page]
9
UNITED STATES DISTRICT COURT

10
11

CENTRAL DISTRICT OF CALIFORNIA

12
BYLT, LLC, a California limited liability
13 company,
14
Plaintiff,
15
vs.
16
BYLT PERFORMANCE LLC, a Florida
17
limited liability company; and DOES 1
18 through 10,
19

Case No. 8:24-cv-01023 JWH (DFMx)
STIPULATED PROTECTIVE
ORDER

Defendants.

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21

Complaint Filed: May 9, 2024
Trial Date:
None Set

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BYL02-11:4066610_2:12-18-24

-1[PROPOSED] STIPULATED PROTECTIVE ORDER

1 Jeffrey Jensen, Bar No. 262710
[e-mail]
2 The Boesch Law Group
3 2917 Santa Monica Boulevard
Santa Monica, California 90404
4 Tel: [phone]
Fax: [phone]
5 Erica W. Stump (appearing pro hac vice)
6 [e-mail]
7 Erica W. Stump, P.A.
110 E. Broward Blvd., Suite 1700
8 Fort Lauderdale, FL 33301
Tel: [phone]
9 Fax: [phone]
10
Attorneys for Defendant Bylt Performance LLC
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-2[PROPOSED] STIPULATED PROTECTIVE ORDER

1

On stipulation of Plaintiff BYLT, LLC and Defendant BYLT PERFORMANCE

2 LLC (together, the “Parties”), the Court enters a Protective Order in this matter as
3 follows:
4 1.

A.

5

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

PURPOSES AND LIMITATIONS

6 proprietary, or private information for which special protection from public disclosure
7 and from use for any purpose other than prosecuting this litigation may be warranted.
8 Accordingly, the parties hereby stipulate to and petition the Court to enter the following
9 Stipulated Protective Order. The parties acknowledge that this Order does not confer
10 blanket protections on all disclosures or responses to discovery and that the protection it
11 affords from public disclosure and use extends only to the limited information or items
12 that are entitled to confidential treatment under the applicable legal principles. The
13 parties further acknowledge, as set forth in Section 12.3 below, that this Stipulated
14 Protective Order does not entitle them to file confidential information under seal; Civil
15 Local Rule 79-5 sets forth the procedures that must be followed and the standards that
16 will be applied when a party seeks permission from the Court to file material under seal.
17

B.

18

This action is likely to involve trade secrets and other valuable proprietary

GOOD CAUSE STATEMENT

19 information for which special protection from public disclosure and from use for any
20 purpose other than prosecution of this action is warranted. Such confidential and
21 proprietary materials and information consist of, among other things, sales data, internal
22 business strategies, and other confidential business or financial information, or
23 information regarding confidential business practices. The confidential information at
24 issue is generally unavailable to the public and may be privileged or otherwise protected
25 from disclosure under state or federal statutes, court rules, case decisions, or common
26 law.
27

Accordingly, to expedite the flow of information, to facilitate the prompt

28 resolution of disputes over confidentiality of discovery materials, to adequately protect
-3[PROPOSED] STIPULATED PROTECTIVE ORDER

1 information the parties are entitled to keep confidential, to ensure that the parties are
2 permitted reasonable necessary uses of such material in preparation for and in the
3 conduct of trial, to address their handling at the end of the litigation, and serve the ends
4 of justice, a protective order for such information is justified in this matter. It is the
5 intent of the parties that information will not be designated as confidential for tactical
6 reasons and that nothing be so designated without a good faith belief that it has been
7 maintained in a confidential, non-public manner, and there is good cause why it should
8 not be part of the public record of this case.
9
10
11

C.

ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER
SEAL

The parties further acknowledge, as set forth in Section 12.3, below, that this

12 Stipulated Protective Order does not entitle them to file confidential information under
13 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
14 standards that will be applied when a party seeks permission from the court to file
15 material under seal.
16

There is a strong presumption that the public has a right of access to judicial

17 proceedings and records in civil cases. In connection with non-dispositive motions,
18 good cause must be shown to support a filing under seal. See Kamakana v. City and
19 County of Honolulu, 477 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
20 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,
21 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
22 cause showing), and a specific showing of good cause or compelling reasons with
23 proper evidentiary support and legal justification, must be made with respect to
24 Protected Material that a party seeks to file under seal. The parties’ mere designation of
25 Disclosure or Discovery Material as CONFIDENTIAL does not—without the
26 submission of competent evidence by declaration, establishing that the material sought
27 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—
28 constitute good cause.
-4[PROPOSED] STIPULATED PROTECTIVE ORDER

1

Further, if a party requests sealing related to a dispositive motion or trial, then

2 compelling reasons, not only good cause, for the sealing must be shown, and the relief
3 sought shall be narrowly tailored to serve the specific interest to be protected.

See

4 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item
5 or type of information, document, or thing sought to be filed or introduced under seal in
6 connection with a dispositive motion or trial, the party seeking protection must
7 articulate compelling reasons, supported by specific facts and legal justification, for the
8 requested sealing order. Again, competent evidence supporting the application to file
9 documents under seal must be provided by declaration.
10

Any document that is not confidential, privileged, or otherwise protectable in its

11 entirety will not be filed under seal if the confidential portions can be redacted.

If

12 documents can be redacted, then a redacted version for public viewing, omitting only
13 the confidential, privileged, or otherwise protectable portions of the document, shall be
14 filed. Any application that seeks to file documents under seal in their entirety should
15 include an explanation of why redaction is not feasible.
16 2.

DEFINITIONS

17

2.1

Action: the above-captioned pending federal lawsuit entitled, Bylt, LLC v.

18 Bylt Performance LLC, No. 8:24-cv-01023 JWH (DFMx), in the United States District
19 Court, Central District of California.
20

2.2

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

21 information or items under this Order.
22

2.3

“CONFIDENTIAL” Information or Items: information (regardless of how

23 it is generated, stored or maintained) or tangible things that qualify for protection under
24 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
25 Statement.
26

2.4

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

27 support staff).
28
-5[PROPOSED] STIPULATED PROTECTIVE ORDER

1

2.5

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

2 items

that

it

produces

in

disclosures

or

in

responses

to

discovery

as

3 “CONFIDENTIAL.”
4

2.6

Disclosure or Discovery Material: all items or information, regardless of

5 the medium or manner in which it is generated, stored, or maintained (including, among
6 other things, testimony, transcripts, and tangible things), that are produced or generated
7 in disclosures or responses to discovery in this matter.
8

2.7

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

9 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
10 expert witness or as a consultant in this Action.
11

2.8

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

12 House Counsel does not include Outside Counsel of Record or any other outside
13 counsel.
14

2.9

Non-Party: any natural person, partnership, corporation, association, or

15 other legal entity not named as a Party to this action.
16

2.10 Outside Counsel of Record: attorneys who are not employees of a party to

17 this Action but are retained to represent or advise a party to this Action and have
18 appeared in this Action on behalf of that party or are affiliated with a law firm that has
19 appeared on behalf of that party, including support staff.
20

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

21 employees, consultants, retained experts, and Outside Counsel of Record (and their
22 support staffs).
23

2.12 Producing Party: a Party or Non-Party that produces Disclosure or

24 Discovery Material in this Action.
25

2.13 Professional Vendors: persons or entities that provide litigation support

26 services

(e.g.,

photocopying,

videotaping,

translating,

preparing

exhibits

or

27 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
28 their employees and subcontractors.
-6[PROPOSED] STIPULATED PROTECTIVE ORDER

1

2.14 Protected Material: any Disclosure or Discovery Material that is designated

2 as “CONFIDENTIAL.”
3

2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

4 from a Producing Party.
5 3.

SCOPE

6

The protections conferred by this Stipulation and Order cover not only Protected

7 Material (as defined above), but also (1) any information copied or extracted from
8 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
9 Material; and (3) any testimony, conversations, or presentations by Parties or their
10 Counsel that might reveal Protected Material.
11

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

12 judge. This Order does not govern the use of Protected Material at trial.
13 4.

DURATION

14

Once a case proceeds to trial, all of the court-filed information to be introduced

15 that was previously designated as confidential or maintained pursuant to this protective
16 order becomes public and will be presumptively available to all members of the public,
17 including the press, unless compelling reasons supported by specific factual findings to
18 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v.
19 City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing
20 “good cause” showing for sealing documents produced in discovery from “compelling
21 reasons” standard when merits-related documents are part of court record).
22 Accordingly, the terms of this protective order do not extend beyond the
23 commencement of the trial.
24 5.

DESIGNATING PROTECTED MATERIAL

25

5.1

Exercise of Restraint and Care in Designating Material for Protection.

26 Each Party or Non-Party that designates information or items for protection under this
27 Order must take care to limit any such designation to specific material that qualifies
28 under the appropriate standards. The Designating Party must designate for protection
-7[PROPOSED] STIPULATED PROTECTIVE ORDER

1 only those parts of material, documents, items, or oral or written communications that
2 qualify so that other portions of the material, documents, items, or communications for
3 which protection is not warranted are not swept unjustifiably within the ambit of this
4 Order.
5

Mass, indiscriminate, or routinized designations are prohibited. Designations that

6 are shown to be clearly unjustified or that have been made for an improper purpose
7 (e.g., to unnecessarily encumber the case development process or to impose
8 unnecessary expenses and burdens on other parties) may expose the Designating Party
9 to sanctions.
10

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

11 designated for protection do not qualify for protection, that Designating Party must
12 promptly notify all other Parties that it is withdrawing the inapplicable designation.
13

5.2

Manner and Timing of Designations. Except as otherwise provided in this

14 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
15 ordered, Disclosure or Discovery Material that qualifies for protection under this Order
16 must be clearly so designated before the material is disclosed or produced.
17
18

Designation in conformity with this Order requires:
(a)

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

19 documents, but excluding transcripts of depositions or other pretrial or trial
20 proceedings),

that

the

Producing

Party affix,

at a minimum,

the legend

21 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
22 contains protected material. If only a portion or portions of the material on a page
23 qualifies for protection, the Producing Party also must clearly identify the protected
24 portion(s) (e.g., by making appropriate markings in the margins).
25

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

26 need not designate them for protection until after the inspecting Party has indicated
27 which documents it would like copied and produced. During the inspection and before
28 the designation, all of the material made available for inspection shall be deemed
-8[PROPOSED] STIPULATED PROTECTIVE ORDER

1 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
2 copied and produced, the Producing Party must determine which documents, or portions
3 thereof, qualify for protection under this Order. Then, before producing the specified
4 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page
5 that contains Protected Material. If only a portion or portions of the material on a page
6 qualifies for protection, the Producing Party also must clearly identify the protected
7 portion(s) (e.g., by making appropriate markings in the margins).
8

(b)

for testimony given in depositions that the Designating Party

9 identify the Disclosure or Discovery Material on the record, before the close of the
10 deposition, of all protected testimony designated as Protected Material. Alternatively,
11 the Designating Party may, within a reasonable time not to exceed twenty-one (21)
12 days, after the deposition transcript is delivered to the Designating Party, provide to all
13 counsel written notice identifying the specific portion (by page and line numbers) that
14 the Designating Party seeks to protect, and all parties to the litigation will mark the
15 pages with the appropriate legends.
16

(c)

for information produced in some form other than documentary and

17 for any other tangible items, that the Producing Party affix in a prominent place on the
18 exterior of the container or containers in which the information is stored the legend
19 “CONFIDENTIAL.” If only a portion or portions of the information warrants
20 protection, the Producing Party, to the extent practicable, shall identify the protected
21 portion(s).
22

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

23 failure to designate qualified information or items does not, standing alone, waive the
24 Designating Party’s right to secure protection under this Order for such material. Upon
25 timely correction of a designation, the Receiving Party must make reasonable efforts to
26 assure that the material is treated in accordance with the provisions of this Order.
27
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-9[PROPOSED] STIPULATED PROTECTIVE ORDER

1 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

2

6.1

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

3 designation of confidentiality at any time that is consistent with the Court’s Scheduling
4 Order.
5

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

6 resolution process under Local Rule 37.1, et seq. Any discovery motion must strictly
7 comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3.
8

6.3

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

9 stipulation pursuant to Local Rule 37-2.
10

6.4

Burden. The burden of persuasion in any such challenge proceeding shall

11 be on the Designating Party. Frivolous challenges, and those made for an improper
12 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties)
13 may expose the Challenging Party to sanctions. Unless the Designating Party has
14 waived or withdrawn the confidentiality designation, all parties shall continue to afford
15 the material in question the level of protection to which it is entitled under the
16 Producing Party’s designation until the Court rules on the challenge.
17 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

18

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

19 disclosed or produced by another Party or by a Non-Party in connection with this
20 Action only for prosecuting, defending, or attempting to settle this Action. Such
21 Protected Material may be disclosed only to the categories of persons and under the
22 conditions described in this Order. When the Action has been terminated, a Receiving
23 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
24

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

25 location and in a secure manner that ensures that access is limited to the persons
26 authorized under this Order.
27
28
- 10 [PROPOSED] STIPULATED PROTECTIVE ORDER

1

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

2 ordered by the Court or permitted in writing by the Designating Party, a Receiving
3 Party may disclose any information or item designated “CONFIDENTIAL” only to:
4

(a)

the Receiving Party’s Outside Counsel of Record in this Action, as

5 well as employees of said Outside Counsel of Record to whom it is reasonably
6 necessary to disclose the information for this Action;
7

(b)

the officers, directors, and employees (including House Counsel) of

8 the Receiving Party to whom disclosure is reasonably necessary for this Action;
9

(c)

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

10 disclosure is reasonably necessary for this Action and who have signed the
11 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
12

(d)

the Court and its personnel;

13

(e)

court reporters and their staff;

14

(f)

professional jury or trial consultants, mock jurors, and Professional

15 Vendors to whom disclosure is reasonably necessary for this Action and who have
16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
17

(g)

the author or recipient of a document containing the information or a

18 custodian or other person who otherwise possessed or knew the information;
19

(h)

during their depositions, witnesses, and attorneys for witnesses, in

20 the Action to whom disclosure is reasonably necessary provided: (1) the deposing party
21 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not
22 be

permitted

to

keep

any

confidential

information

unless

they

sign

the

23 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
24 by the Designating Party or ordered by the Court. Pages of transcribed deposition
25 testimony or exhibits to depositions that reveal Protected Material may be separately
26 bound by the court reporter and may not be disclosed to anyone except as permitted
27 under this Stipulated Protective Order; and
28
- 11 [PROPOSED] STIPULATED PROTECTIVE ORDER

1

(i)

any mediator or settlement officer, and their supporting personnel,

2 mutually agreed upon by any of the parties engaged in settlement discussions.
3 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

4

IN OTHER LITIGATION

5

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

6 compels disclosure of any information or items designated in this Action as
7 “CONFIDENTIAL,” that Party must:
8

(a)

promptly notify in writing the Designating Party. Such notification shall

9 include a copy of the subpoena or court order;
10

(b)

promptly notify in writing the party who caused the subpoena or order to

11 issue in the other litigation that some or all of the material covered by the subpoena or
12 order is subject to this Protective Order. Such notification shall include a copy of this
13 Stipulated Protective Order; and
14

(c)

cooperate with respect to all reasonable procedures sought to be pursued

15 by the Designating Party whose Protected Material may be affected.
16

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

17 subpoena or court order shall not produce any information designated in this action as
18 “CONFIDENTIAL,” before a determination by the court from which the subpoena or
19 order issued, unless the Party has obtained the Designating Party’s permission. The
20 Designating Party shall bear the burden and expense of seeking protection in that court
21 of its confidential material and nothing in these provisions should be construed as
22 authorizing or encouraging a Receiving Party in this Action to disobey a lawful
23 directive from another court.
24 9.

A

25

PRODUCED IN THIS LITIGATION

26

(a)

NON-PARTY’S

PROTECTED

MATERIAL

SOUGHT

TO

BE

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

27 Party in this Action and designated as “CONFIDENTIAL.” Such information produced
28 by Non-Parties in connection with this litigation is protected by the remedies and relief
- 12 [PROPOSED] STIPULATED PROTECTIVE ORDER

1 provided by this Order. Nothing in these provisions should be construed as prohibiting a
2 Non-Party from seeking additional protections.
3

(b)

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

4 produce a Non-Party’s confidential information in its possession, and the Party is
5 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential
6 information, then the Party shall:
7

(1)

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

8 that some or all of the information requested is subject to a confidentiality agreement
9 with a Non-Party;
10

(2)

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

11 Protective Order in this Action, the relevant discovery request(s), and a reasonably
12 specific description of the information requested; and
13

(3)

make the information requested available for inspection by the Non-

14 Party, if requested.
15

(c)

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

16 days of receiving the notice and accompanying information, the Receiving Party may
17 produce the Non-Party’s confidential information responsive to the discovery request. If
18 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any
19 information in its possession or control that is subject to the confidentiality agreement
20 with the Non-Party before a determination by the Court. Absent a court order to the
21 contrary, the Non-Party shall bear the burden and expense of seeking protection in this
22 Court of its Protected Material.
23 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

24

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

25 Protected Material to any person or in any circumstance not authorized under this
26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
27 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
28 all unauthorized copies of the Protected Material, (c) inform the person or persons to
- 13 [PROPOSED] STIPULATED PROTECTIVE ORDER

1 whom unauthorized disclosures were made of all the terms of this Order, and (d)
2 request such person or persons to execute the “Acknowledgment and Agreement to Be
3 Bound” that is attached hereto as Exhibit A.
4 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

5

PROTECTED MATERIAL

6

When a Producing Party gives notice to Receiving Parties that certain

7 inadvertently produced material is subject to a claim of privilege or other protection, the
8 obligations of the Receiving Parties are those set forth in Federal Rule of Civil
9 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
10 may be established in an e-discovery order that provides for production without prior
11 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
12 parties reach an agreement on the effect of disclosure of a communication or
13 information covered by the attorney-client privilege or work product protection, the
14 parties may incorporate their agreement in the stipulated protective order submitted to
15 the Court.
16 12.

MISCELLANEOUS

17

12.1 Right to Further Relief. Nothing in this Order abridges the right of any

18 person to seek its modification by the Court in the future.
19

12.2 Right to Assert Other Objections. By stipulating to the entry of this

20 Protective Order, no Party waives any right it otherwise would have to object to
21 disclosing or producing any information or item on any ground not addressed in this
22 Stipulated Protective Order. Similarly, no Party waives any right to object on any
23 ground to use in evidence of any of the material covered by this Protective Order.
24

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

25 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
26 only be filed under seal pursuant to a court order authorizing the sealing of the specific
27 Protected Material at issue; good cause must be shown in the request to file under seal.
28 If a Party’s request to file Protected Material under seal is denied by the Court, then the
- 14 [PROPOSED] STIPULATED PROTECTIVE ORDER

1 Receiving Party may file the information in the public record unless otherwise
2 instructed by the Court.
3 13.

FINAL DISPOSITION

4

After the final disposition of this Action, as defined in paragraph 4, within 60

5 days of a written request by the Designating Party, each Receiving Party must return all
6 Protected Material to the Producing Party or destroy such material. As used in this
7 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
8 summaries, and any other format reproducing or capturing any of the Protected
9 Material. Whether the Protected Material is returned or destroyed, the Receiving Party
10 must submit a written certification to the Producing Party (and, if not the same person
11 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
12 category, where appropriate) all the Protected Material that was returned or destroyed
13 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
14 compilations, summaries or any other format reproducing or capturing any of the
15 Protected Material. Notwithstanding this provision, counsel are entitled to retain an
16 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
17 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
18 work product, and consultant and expert work product, even if such materials contain
19 Protected Material. Any such archival copies that contain or constitute Protected
20 Material remain subject to this Protective Order as set forth in Section 4 (DURATION).
21 14. VIOLATION
22

Any violation of this Order may be punished by any and all appropriate measures

23 including, without limitation, contempt proceedings and/or monetary sanctions.
24 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
25 DATED: January 2, 2025

___________________________________

26

Douglas F. McCormick

27

United States Magistrate Judge
- 15 [PROPOSED] STIPULATED PROTECTIVE ORDER

1

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2
3 Dated: December 18, 2024
4
5
6

CALL & JENSEN
A Professional Corporation
Aaron L. Renfro
L. Lisa Sandoval

7

By: /s/ L Lisa Sandoval
L. Lisa Sandoval

8

Attorneys for Plaintiff BYLT, LLC

9
10 Dated: December 18, 2024
11
12
13
14
15

ERICA W. STUMP, P.A.
Erica W.Stump
By: /s/ Erica W. Stump
Erica W. Stump
Attorney for Defendant and Counterclaimant
BYLT Performance LLC

16
17
18
19
22
23
24
25
26
27
28
- 16 -

[PROPOSED] STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

I,

[print full name],

5 of

[print full address],

6 declare under penalty of perjury that I have read in its entirety and understand the
7 Stipulated Protective Order that was issued by the United States District Court for the
8 Central District of California in the case of BYLT, LLC v. BYLT Performance,
9 LLC, No. 8:24-cv-01023 JWH (DFMx). I agree to comply with and to be bound by
10 all of the terms of this Stipulated Protective Order and I understand and
11 acknowledge that failure to so comply could expose me to sanctions and
12 punishment in the nature of contempt. I solemnly promise that I will not disclose in
13 any manner any information or item that is subject to this Stipulated Protective Order
14 to any person or entity except in strict compliance with the provisions of this Order.
15

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

16 the Central District of California for the purpose of enforcing the terms of this
17 Stipulated Protective Order, even if such enforcement proceedings occur after
18 termination of this action.
19

I hereby appoint

[print

20 name] of

full

[print full

21 address and telephone number] as my California agent for service of process in
22 connection with this action or any proceedings related to enforcement of this Stipulated
23 Protective Order.
24
25 Date:
26 City and State where sworn and signed:
27 Printed name:
28 Signature:
- 17 [PROPOSED] STIPULATED PROTECTIVE ORDER