California Brewing Company v. 3 Daughters Brewing LLC et al

Filing 44

STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIALITY signed by Magistrate Judge Craig M. Kellison on 10/7/16. (Kaminski, H)

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1 2 3 4 5 6 7 8 9 10 11 Christian W. Liedtke (SBN 297523) cw.liedtke@acuminis.biz acuminis pc 3420 Bristol Street, 6th Floor Costa Mesa, CA 92626 Phone: (949) 698-7840 Facsimile: (949) 698-7861 Attorney for Plaintiff, California Brewing Company, Inc. Steven M. Berman (SBN 256846) sberman@slk-law.com Suzette M. Marteny (admitted pro hac vice) smarteny@slk-law.com Shumaker, Loop & Kendrick, LLP 101 E. Kennedy Blvd., Suite 2800 Tampa, FL 33601 Phone: (813) 227-2272 Facsimile: (813) 229-1660 12 13 Attorneys for Defendants, 3 Daughters Brewing, LLC and LMMML, LLC 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 18 California Brewing Company, a California Corporation, 19 Plaintiff/ Counter Defendant, 20 21 v. 22 3 Daughters Brewing, LLC, a Florida Limited Liability Company, 23 STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIALITY Hon. Kimberly J. Mueller   and 24 No. 2:15-cv-02278-KJM-CMK LMMML, LLC, a Florida Liability Company, 25 26 Defendants/ Counterclaimants. 27 28 1 [PROPOSED] PROTECTIVE ORDER 1 Plaintiff and Counterdefendant CALIFORNIA BREWING COMPANY ("Plaintiff" or 2 "CBC") and Defendants and Counterclaimants 3 DAUGHTERS BREWING, LLC AND 3 LMMML, LLC ("Defendants" or “3D”) recognize that disclosure and discovery in this action are 4 likely to involve sensitive financial or business information or proprietary information that has 5 not been disseminated to the public, is not readily discoverable by competitors, has been the 6 subject of reasonable efforts by the respective parties to maintain its secrecy, and for which 7 special protection from public disclosure and from use for any purpose other than prosecuting this 8 litigation is warranted. The parties therefore agree to and petition the Court to enter this 9 Stipulated Protective Order. The purpose of this Order is to protect the confidentiality of such 10 materials as much as practicable during the litigation. The parties acknowledge that this Order 11 does not confer blanket protection on all disclosures or responses to discovery and that its 12 protection extends only to the limited information that is entitled to confidential treatment. 13 GOOD CAUSE STATEMENT 14 Good cause exists for this Court to enter the Stipulated Protective Order because 15 disclosure of the parties’ confidential information could harm the parties financially and allow 16 competitors to gain unfair advantage. For example, competitors could gain an unfair advantage 17 over the parties if they learn the parties’ confidential information, such as financial information, 18 sales information, business and marketing strategy, or information concerning business 19 operations. Such information would allow others to unfairly compete in the market and usurp the 20 parties’ business opportunities, to the detriment of the parties. Good cause further exists in that 21 this Stipulated Protective Order will allow for the parties to disclose documents that may be 22 required for the litigation of this matter without suffering an economic and business detriment 23 that would result from the disclosure of confidential information to the parties’ competitors and/or 24 to the public. 25 1. Acknowledgment of Jurisdiction: All counsel for the parties who have access to 26 information or material designated as “Confidential” or “Confidential-Attorneys’ Eyes Only” 27 Material under this Protective Order acknowledge they are bound by this Order and submit to the 28 jurisdiction of this Court for purposes of enforcing this Order. Unless otherwise specified by the 2 1 Court, the Court retains jurisdiction throughout litigation and following termination of this action 2 to enforce this Order, and to make such amendments, modifications, deletions and additions to 3 this Order as the Court deems appropriate. 4 2. Applicability: This Order shall apply to all information and materials, including 5 but not limited to documents, produced during discovery in this action that shall be designated by 6 the party or person producing it as “Confidential” or “Confidential-Attorneys’ Eyes Only” 7 (collectively “Confidential Information”). This Order shall not apply to information, unless the 8 parties agree otherwise in writing, that, before disclosure, is properly in the possession or 9 knowledge of the party to whom such disclosure is made, or is public knowledge. The restrictions 10 contained in this Order shall not apply to information that is, or after disclosure becomes, public 11 knowledge other than by an act or omission of the party to whom such disclosure is made, or that 12 is legitimately acquired from a source not subject to this Order. 13 3. Scope: All "Confidential" and "Confidential-Attorneys' Eyes 14 Only" information exchanged during the course of litigation shall only be used for the purpose of 15 this litigation. 16 4. Documents: “Documents” means documents, portions of documents, answers to 17 interrogatories, responses to requests for admission, depositions and other oral testimony, 18 transcripts, affidavits, expert reports, legal briefs or memoranda, and information derived 19 therefrom, and all material within the meaning of Federal Rule of Civil Procedure 34(a) and 20 Federal Rules of Evidence 1001, but shall be limited to material produced or exchanged in this 21 litigation. 22 5. Right to Designate: In connection with discovery proceedings in this 23 action, any Party to this action may designate information or materials produced by that party as 24 "Confidential" or "Confidential-Attorneys' Eyes Only" under the terms of this Order. This Order 25 is also applicable to additional parties that may be joined in the future, as well as any third parties 26 required to respond to discovery in this action who execute a copy of Exhibit A hereto. Any 27 materials produced, given or served pursuant to discovery requests in this litigation and 28 designated by the producing party as "Confidential" or "Confidential-Attorneys' Eyes Only," or 3 1 any information contained in or derived from- any of the foregoing materials, shall be subject to 2 the provisions of this Order. 3 6. Applicability to Party’s Own Information: This Order has no effect upon, and shall 4 not apply to, a party’s use or disclosure of its own confidential information for any purpose. This 5 includes but is not limited to disclosure to the party’s own officers, directors, employees, 6 shareholders, and attorneys. Such disclosure shall not waive the protections of this Protective 7 Order and shall not entitle other parties or their 8 violation of it, unless by such disclosure of the Designating Party the information becomes public 9 knowledge (see paragraph 10 below). Similarly, the Protective Order shall not preclude a party 10 from showing information or materials it created or owned prior to designating such information 11 or materials “Confidential” or “Confidential - Attorneys’ Eyes Only” to its own officers, 12 directors, employees, shareholders, or attorneys. Moreover, the Protective Order shall not 13 preclude a party from disclosing, showing or otherwise utilizing its own information that has been 14 filed under seal by the opposing party. 15 7. attorneys to disclose such information in Responsibility of Counsel: All Confidential Information must be held in 16 confidence by those inspecting or receiving it, and must be used only for purposes of this action. 17 Counsel for the Parties shall be responsible for restricting disclosure of designated materials in 18 accordance with the provisions of this Order. Counsel for each party, and each person receiving 19 Confidential Information must take reasonable precautions to prevent the unauthorized or 20 inadvertent disclosure of such information. 21 8. “Confidential” Designation: A "Confidential" designation is defined as including 22 without limitation, any document (or portion thereof), thing, testimony, data, file, information, or 23 other material that contains or reflects proprietary or confidential information that either party 24 desires not to be made public. This definition encompasses materials obtained from any source, 25 including information originating from a third party in which reasonable steps were taken to keep 26 the information confidential, and may include personal information, the disclosure of which may 27 violate the right of privacy or threaten harm to an individual. As a general guideline, a document 28 should be designated “Confidential” when it contains confidential business, technical or other 4 1 information that may be reviewed by the receiving party, the parties’ experts, and other 2 representatives, but must be protected against disclosure to third parties. By designating 3 information as "Confidential," the designating party represents that such designation is based 4 upon a good faith belief that the designated material is entitled to protection under the California 5 Code of Civil Procedure, the Federal Rules of Civil Procedure and applicable case law. 6 9. “Confidential-Attorneys’ Eyes Only” Designation”: A "Confidential-Attorneys' 7 Eyes Only" designation is defined as including without limitation, any or any portion of a non- 8 public document, thing, testimony, data, file, information, or other material that constitutes or 9 contains proprietary, trade secret, confidential, business, operational, financial, or commercial 10 information, the disclosure of which is likely to cause harm to the competitive position of the 11 party making the designation. This definition encompasses materials obtained from any source, 12 including information originating from a third party. A document may be designated 13 “Confidential-Attorneys’ Eyes Only” only when it contains financial information; cost 14 information; pricing information; sales information; trade secret information; customer, license, 15 supplier, and vendor information; technical and development information about a party’s 16 products; comparative product test results; business plans; marketing strategies; new product 17 plans and competitive strategies; or any other information that would put the producing party at a 18 competitive disadvantage if the information became known to the receiving party, its employees 19 or third parties. By designating information as "Confidential-Attorneys' Eyes Only," the 20 designating party represents that such designation is based upon a good faith belief that the 21 designated material is entitled to protection under the California Code of Civil Procedure, the 22 Federal Rules of Civil Procedure and applicable case law. 23 10. Creating a Designation: "Confidential" or "Confidential-Attorneys' Eyes Only" 24 designations for hard copies of documents or other materials shall be created by including a stamp 25 of "Confidential" or "Confidential-Attorneys' Eyes Only" on each page for which confidentiality 26 is claimed. All copies, extracts, compilations and summaries of materials stamped "Confidential" 27 or "Confidential-Attorneys' Eyes Only" shall automatically receive the same designation as the 28 corresponding originals. In connection with a discovery response, the legend “Confidential” or 5 1 “Confidential-Attorneys’ Eyes Only” (in such a manner as will not interfere with the legibility 2 thereof) shall be affixed before the production or service upon a party. With respect to any 3 materials not produced in paper form and that are not susceptible to the imprint of a stamp, the 4 producing party shall make the designation in a way that places the other party on notice of the 5 designation. To the extent possible, such material shall be produced with a cover labeled with the 6 desired designation and its scope. 7 11. Retroactive Designation: All information or materials produced prior to the 8 execution of this Protective Order and designated as "Confidential" or "Confidential-Attorneys' 9 Eyes Only" are presumed to retroactively hold that designation unless de-designated in writing 10 11 within thirty days of the entry of this Order. 12. Subsequent designation: In the unlikely event, that the parties or counsel 12 inadvertently fail to designate materials as "Confidential" or "Confidential-Attorneys' Eyes Only," 13 designations have not been applied at the time of disclosure, subsequent designation is possible 14 within fourteen days from the time of the initial disclosure and in the following manner: (1) 15 counsel for the parties to whom such documents, testimony, or other information have been 16 disclosed must be advised in writing via e-mail and Priority Mail Express of the new designation; 17 (2) the designation applies only as of the date and time of receipt of notice by each person 18 notified; (3) counsel for the parties receiving notice of newly designated documents, testimony or 19 other information, shall take reasonable steps to comply with such new designation, including 20 reasonable steps to retrieve any document distributed inconsistent with such new designation, but 21 shall not be responsible for any disclosure to nonparties occurring before receipt of notice 22 described under (1) immediately above; and (4) counsel for the designating party will provide 23 counsel for the party receiving the notice with another copy of the documents, deposition 24 testimony, or other information that bears the designation. 25 13. Inadvertent Disclosure: The inadvertent or unintentional disclosure by a party of 26 “Confidential” or “Confidential-Attorneys’ Eyes Only” information or materials, regardless of 27 whether the information was so designated at the time of disclosure, shall not be deemed a waiver 28 in whole or in part of a party's claim of confidentiality either as to the specific information 6 1 disclosed or as to any other information relating thereto or on the same or related subject matter, 2 provided that the Disclosing Party uses its best efforts to immediately (1) retrieve the 3 “Confidential” or “Confidential-Attorneys’ Eyes Only” information and/or materials from the 4 inadvertent recipient and ensure that the inadvertent recipient does not retain any copies thereof; 5 (2) bind the inadvertent recipient to the terms of this Order; and (3) immediately notify the 6 Designating Party of such disclosure by e-mail and Priority Mail Express. To bind the inadvertent 7 recipient to the terms of this Protective Order, the Disclosing Party shall (a) promptly inform such 8 person of all the provisions of this Order; (b) identify such person immediately to the Designating 9 Party by e-mail and Priority Mail Express; (c) request the inadvertent recipient to sign the 10 agreement in the form attached hereto as Exhibit A. The executed agreement shall be promptly 11 served by e-mail and Priority Mail Express upon the Designating Party. Notwithstanding the fact 12 that the unauthorized party may agree to be bound by the provisions of this Protective Order, the 13 disclosing party shall not disclose any further “Confidential” or “Confidential-Attorneys’ Eyes 14 Only” information or materials to the inadvertent recipient. 15 14. Inadvertent Production of Privileged Material: If, after producing documents or 16 materials in this action, a producing party discovers that the documents or materials include 17 information that is properly subject to protection under the attorney-client privilege or the 18 attorney work product doctrine, the producing party shall immediately notify the receiving party 19 in writing by e-mail and Priority Mail Express that the documents or materials were inadvertently 20 produced and properly subject to protection under the attorney- client privilege or the attorney 21 work product doctrine. Such notice is to be given by e-mail and Priority Mail Express. Upon 22 receiving such written notice from the producing party that privileged information or attorney 23 work product material has been inadvertently produced, all such information, and all copies 24 thereof, either shall be promptly returned to the producing party, or shall be destroyed and the 25 receiving party shall promptly provide the producing party with notice that all such documents 26 have been destroyed. If the receiving party disagrees with the designation of any such documents 27 or materials as privileged or otherwise protected after conferring with the producing party in good 28 faith, the receiving party shall nonetheless return such documents or materials to the producing 7 1 party as specified above, but may move the Court for production of the returned documents or 2 materials. The producing party shall retain all returned documents or materials for further 3 disposition but shall make them available to the Court, if necessary, to enable the Court to decide 4 any such motion. 5 15. Effect of a “Confidential” Designation: Access to information or materials 6 designated by a party to this action as "Confidential" and copies, extracts, compilations, and 7 summaries thereof, as well as the information therein, shall be limited to the following 8 individuals: (1) Parties to the above-captioned action; (2) counsel for the Parties in this action 9 (attorneys employed or retained by the Parties who are involved in the prosecution or defense of 10 the claims advanced in this action; as well as their respective paralegal, technical, administrative, 11 secretarial and clerical personnel) (3) the Court, including court reporters, court officers, jurors, or 12 other authorized court personnel; (4) mock jurors or jury consultants retained by the Parties or 13 their counsel; (5) independent consultants and experts retained by the Parties or their counsel; (6) 14 other vendors related to this action retained by the Parties or their counsel. For the purpose of this 15 Order, an independent expert or consultant (“Expert” or “Consultant”) shall be defined as a 16 person who has not been and is not an employee of a party or scheduled to become an employee 17 in the future, and who is retained or employed as a consultant or expert for purposes of this 18 litigation, either full or part-time, by or at the direction of counsel of a party. All authorized 19 persons shall adhere to the requirement that designated materials, and the information contained 20 therein be kept confidential with respect to unauthorized individuals. Each person identified under 21 (1)-(6) immediately above, before having access to the Confidential information or materials, 22 shall agree not to disclose to anyone not exempted by this Order any Confidential information or 23 materials and not to make use of any such Confidential information or materials other than solely 24 for purpose of this litigation, and shall acknowledge in writing by signing the Agreement to be 25 Bound by Protective Order in the form of Exhibit A attached hereto, that he or she is fully 26 conversant with the terms of this Order and agrees to comply with it and be bound by it. Counsel 27 shall retain in his/her file until at least the conclusion of this litigation a copy of each such signed 28 Agreement to be Bound by Protective Order. 8 1 16. Effect of a “Confidential-Attorneys’ Eyes Only Designation”: Access to 2 information or materials designated by a party to this action as "Confidential-Attorneys’ Eyes 3 Only" and copies, extracts, compilations, and summaries thereof, as well as the information 4 therein, shall be limited to the following individuals: (1) counsel for the Parties in this action 5 (attorneys employed or retained by the Parties who are involved in the prosecution or defense of 6 the claims advanced in this action; as well as their respective paralegal, technical, administrative, 7 secretarial and clerical personnel); (2) the Court, including the court reporters, court officers, 8 jurors, or other authorized court personnel; (3) mock jurors or jury consultants retained by the 9 Parties or their counsel; (4) independent Consultants and Experts retained by the Parties or their 10 counsel (5) other vendors related to the litigation retained by the Parties or their counsel. All 11 authorized persons shall adhere to the requirement that designated materials, and the information 12 contained therein, be kept confidential with respect to unauthorized individuals. All authorized 13 persons shall adhere to the requirement that designated materials, and the information contained 14 therein be kept confidential with respect to unauthorized individuals. Each person identified under 15 (1)-(5) immediately above, before having access to the “Confidential-Attorneys’ Eyes Only” 16 information or materials, shall agree not to disclose to anyone not exempted by this Order any 17 Confidential information or materials and not to make use of any such “Confidential-Attorneys’ 18 Eyes Only” information or materials other than solely for purpose of this litigation, and shall 19 acknowledge in writing by signing the Agreement to be Bound by Protective Order in the form of 20 Exhibit A attached hereto, that he or she is fully conversant with the terms of this Order and 21 agrees to comply with it and be bound by it. Counsel shall retain in his/her file until at least the 22 conclusion of this litigation a copy of each such signed Agreement to be Bound by Protective 23 Order. 24 17. Use of Designated Material in Pre-Trial Proceedings: If any papers to be filed with 25 the Court, including but not limited to pleadings, motions, memoranda, briefs, deposition 26 transcripts, discovery requests and responses, exhibits, and other documents that produce, 27 paraphrase, summarize, or otherwise contain any information designated as "Confidential" or 28 "Confidential-Attorneys' Eyes Only," the proposed filing shall be accompanied by an application 9 1 to file the papers or the portion thereof containing the designated information or documents (if 2 such portion is segregable) under seal pursuant to Local Rule 141; and the application shall be 3 directed to the judge to whom the papers are directed. 4 18. Deposition Testimony: Depositions shall be taken only in the presence of 5 authorized individuals pursuant to the provisions of this Order. Any party may designate a 6 deposition or portion thereof as "Confidential" or "Confidential-Attorneys' Eyes Only" by doing 7 so on the record at the deposition or by serving written notice of the page and line of the 8 confidential deposition portions, within ten days of receiving the final transcript. Until the ten-day 9 period to designate the deposition has passed, the entire transcript shall be treated as 10 "Confidential," unless the Parties otherwise agree. A party may also orally designate testimony 11 during the course of a deposition by making a statement to that effect, on the record at the 12 deposition. In this case, the court reporter shall transcribe the designated pages in a separate 13 volume marked with the appropriate designation. Any individuals attending the deposition must 14 leave the room prior to discussion of whether material is designable if that person would not be an 15 authorized person as to that material under Paragraphs 16 and 17 of this Order. No designated 16 portions of deposition testimony shall be filed with the Court unless under seal pursuant to 17 Paragraph 18 of this order. 18 19. Use of Designated Material at Trial: No material shall lose its confidential status 19 through use during any pretrial proceeding in this action, and the party using the materials shall 20 take all reasonable steps to maintain confidentiality during such use, including without limitation, 21 requesting that the Court seal any transcript with respect to that proceeding. Any party may move 22 the Court orally or in writing for an order that the evidence be received in camera at the hearing 23 or under other conditions to prevent disclosure. The Court then will determine whether the 24 proffered evidence should be treated as confidential and, if so, what protections shall be afforded 25 to any such Document at the hearing. Subject to the Federal Rules of Evidence, any material 26 designated as “Confidential” or “Confidential-Attorneys’ Eyes Only” may be offered in evidence 27 at any hearing or trial proceeding in this action. At the time of trial, the Parties shall meet and 28 confer, and if necessary, submit appropriate motions to the Court setting forth their respective 10 1 2 positions as to the designations. 20. Non-Parties: If material in the possession or control of a Party involves the 3 confidentiality rights of a nonparty, or its disclosure would violate a Protective Order issued in 4 another action, the party with possession or control of the information will attempt to obtain the 5 consent of the nonparty to disclose the information under this Protective Order. If the consent of 6 the nonparty cannot be obtained, the Party will notify the Party seeking discovery of (1) the 7 existence of the information without producing such information; and (2) the identity of the 8 nonparty (provided, however, that such disclosure of the identity of the nonparty does not violate 9 any confidentiality obligations). The Party seeking discovery may then make further application 10 11 to the nonparty or seek other means to obtain such information. 21. Confidential Information Produced by Non-Parties: The terms of this Protective 12 Order are applicable to “Confidential” information or materials or “Confidential-Attorneys’ Eyes 13 Only” information or materials produced by a nonparty, and “Confidential” information or 14 materials or “Confidential-Attorneys’ Eyes Only” information or materials produced by a 15 nonparty in connection with this action is protected by the remedies and relief provided by this 16 Protective Order. To protect its own confidential information or materials, a party may ask a 17 nonparty to execute the Agreement to be bound by this Protective Order in the form of Exhibit A. 18 22. Limitation of Use: Any “Confidential” information or materials or “Confidential- 19 Attorneys’ Eyes Only” information or materials subject to this Protective Order shall be used by 20 the party to which it is disclosed solely for purposes of, and only in connection with, the 21 prosecution or defense of this lawsuit or related claims by the Parties. Each person to whom 22 “Confidential” information or materials or “Confidential-Attorneys’ Eyes Only” information or 23 materials is disclosed is hereby enjoined from using that information or material for any other 24 purpose or for any other case, proceeding, or dispute. Further, no person receiving or reviewing 25 “Confidential” information or material or “Confidential-Attorneys’ Eyes Only” information or 26 material subject to this Protective Order shall disclose it or its contents to any person other than as 27 provided in this Protective Order. Notwithstanding the aforesaid, nothing in this Protective Order 28 shall be deemed to restrict the Parties’ ability to use its own documents, or documents obtained 11 1 2 outside this action, for any purpose. 23. Disclosure in Other Proceedings: If any party (1) is subpoenaed in another action, 3 (2) is served with a demand in another action to which it is a party, or (3) is served with any other 4 legal process by one not a party to this action, seeking information or material which was 5 designated “Confidential” or “Confidential-Attorneys’ Eyes Only” by someone other than that 6 party, the party shall object to its production and give prompt written notice, by hand, facsimile 7 transmission or email, within three business days of receipt of such subpoena, demand or legal 8 process, to those who produced or designated the information or material “Confidential” or 9 “Confidential-Attorneys’ Eyes Only.” If the party that produced or designated the information or 10 material “Confidential” or “Confidential-Attorneys’ Eyes Only” objects to disclosure, that party 11 shall communicate its objection in writing to the party that propounded the subpoena, with a copy 12 to the party that received the subpoena, and file an appropriate motion with the Court within five 13 days of the date it received notice of the subpoena. Should the person seeking access to the 14 information or material take action against the party or anyone else covered by this protective 15 order to enforce such a subpoena, demand, or other legal process, the parties shall respond by 16 setting forth the existence of this protective order. Nothing herein shall be construed as requiring 17 the party or anyone else covered by the protective order to challenge or appeal any order 18 requiring production of information or material covered by this protective order, or to subject 19 itself to any penalties for noncompliance with any legal process or order, or to seek any relief 20 from this or any other court. Nothing in this Order is intended or should be construed as 21 authorizing a party to disobey a lawful subpoena issued in another action or any other lawful 22 request (such as one under the Patriot Act) by a governmental agency. 23 24. Dispute Resolution: If at any stage of the proceedings in this action, a Receiving 24 Party disagrees with or otherwise objects to the designation of any document, discovery response, 25 or deposition or other testimony as “Confidential” or “Confidential-Attorneys’ Eyes Only”, the 26 parties shall first try to resolve their dispute in good faith. Specifically, the Receiving Party who 27 objects to a designation shall state the objection by letter or by means of an electronic 28 communication such as email to counsel for the Designating Party. Once informed of an allegedly 12 1 improper designation, the Designating Party has two business days to respond and provide its 2 bases for the asserted designation. Within two business days thereafter, the parties must conduct a 3 good faith telephone conference to discuss the continued validity of the asserted designation. If 4 the objection is not resolved through this good faith conference or if the good faith conference 5 does not take place due to the failure of the Designating Party, the Receiving Party may move the 6 Court to determine whether the document, discovery response or deposition or other testimony at 7 issue qualifies for treatment as “Confidential” or “Confidential-Attorneys’ Eyes Only.” The 8 Receiving Party’s motion must be accompanied by a written stipulation of the parties as required 9 by Local Rule 251(b). If the Receiving Party files such a motion, the document, discovery 10 response, or deposition or other testimony at issue will continue to be entitled to the protections 11 accorded by this Order until and unless the Court rules otherwise. The party seeking to maintain 12 the Document’s confidentiality bears the burden of demonstrating that it is entitled to protection 13 under Federal Rule of Civil Procedure 26(c). A party shall not be obligated to challenge the 14 propriety of the designation of any document, discovery response or deposition or other testimony 15 at the time such designation is made; failure to do so shall not preclude a subsequent challenge 16 within a reasonable time. Further, a party’s failure to challenge a designation during pretrial 17 discovery shall not preclude a subsequent challenge of such designation at trial or in connection 18 with the submission of any document, discovery response or deposition or other testimony to the 19 Court for any purpose. 20 25. Violation of this Protective Order: In case anyone violates or threatens to violate 21 the terms of this Protective Order, the aggrieved party may apply to the Court for injunctive relief 22 to prevent a violation of this Protective Order. The parties agree that there is no adequate legal 23 remedy for a violation or threatened violation of this Protective Order. The parties and any other 24 person subject to the terms of this Protective Order further agree that the Court shall retain 25 jurisdiction to enforce this Protective Order. Any person who moves to enforce this Protective 26 Order and prevails shall be entitled to the costs and reasonable attorneys’ fees incurred in doing 27 so. 28 26. Termination of Action: Absent written permission of the Designating Party or 13 1 order of the Court, the provisions of this Protective Order shall continue to be binding throughout 2 and after the conclusion of this action, including without limitation any appeals therefrom. Within 3 thirty (30) days after final disposition of this action by judgment, dismissal or otherwise, the 4 expiration of time for all appeals and all appeals therefrom, each party shall: (1) return to 5 opposing counsel all documents and materials designated by the opposing party as “Confidential” 6 or “Confidential-Attorneys’ Eyes Only” and all copies of such documents and materials, and also 7 shall destroy all abstracts, digests and analyses thereof, however stored or reproduced; or (2) 8 destroy all documents and materials designated by the opposing party as “Confidential” or 9 “Confidential-Attorneys’ Eyes Only” and all copies of such documents and materials, destroy all 10 abstracts, digests and analyses thereof, however stored or reproduced, and provide certification to 11 opposing counsel that all such documents and materials have been destroyed. All extracts from 12 “Confidential” or “Confidential-Attorneys’ Eyes Only” material, summaries and compilations 13 thereof, and all written, graphic, and recorded versions of information therein, shall be destroyed 14 by each recipient of the material and a certificate of their destruction will be provided to the 15 Designating Party. The termination of proceedings in this action shall not relieve any person to 16 whom “Confidential” or “Confidential-Attorneys’ Eyes Only” information or materials has been 17 disclosed from the obligation of maintaining the confidentiality of information protected by this 18 Protective Order. Any “Confidential” or “Confidential-Attorneys’ Eyes” Only information or 19 materials received from non-parties will be destroyed by the receiving parties within thirty (30) 20 days after the expiration of time for all appeals for this litigation. 21 Notwithstanding the foregoing, Counsel for each Party may retain "Confidential" and 22 "Confidential-Attorneys’ Eyes Only" material in the form of pleadings, other documents filed 23 with the Court, correspondence, discovery requests and responses, deposition transcripts of its 24 own client’s witnesses, trial transcripts and exhibits, and attorney work product, provided that 25 such counsel and employees of such counsel not disclose any such information and material 26 designated as "Confidential" or "Confidential- Attorneys’ Eyes Only" information contained in 27 such pleadings, correspondence, discovery requests and responses, transcripts and exhibits, or 28 attorney work product to any person or entity except pursuant to a written agreement with the 14 1 producing party of the information or material or unless compelled to do so by law. All materials 2 returned to the parties or their counsel by the Court likewise shall be disposed of or retained in 3 accordance with this paragraph. 4 27. Modification: It is the current intention of the Parties that the provisions of this 5 Protective Order shall govern discovery, pre-trial and trial proceedings in this action. 6 Nevertheless, each party hereto shall be entitled to seek modification or interpretation of this 7 Protective Order by application to the Court on written notice to the other Parties for good cause. 8 Alternatively, this Protective Order may be modified or amended by agreement of the Parties 9 hereto. If such an application is made or if such an agreement is reached, all persons described 10 11 herein shall be bound by this Protective Order until it is modified by the Court. 28. No Waiver or Limitation of Rights: Neither the taking or the failure to take any 12 action to enforce the provisions of this Protective Order, nor the failure to object to any 13 designation or any such action or omission, shall constitute a waiver of any Party's right to seek 14 and obtain protection or relief, with respect to any claim or defense in this action or any other 15 action including, but not limited to, the claim or defense that any information is or is not 16 proprietary to any party, is or is not entitled to particular protection or that such information 17 embodies trade secret or other confidential material of any party. This Protective Order shall not 18 prejudice the right of the Parties (i) to bring before the Court at any time the question of whether 19 any particular document or information is confidential or whether its use should be restricted or 20 (ii) to present a motion to the Court under California Code of Civil Procedure § 2031.060 for a 21 separate Protective Order as to any particular document or information, including restrictions 22 differing from those as specified under this Protective Order. Furthermore, this Protective Order 23 shall not in any way abrogate or diminish any contractual, statutory, or other legal obligation or 24 right or defense of any Party or person, nor obligate any Party or person to provide any discovery 25 to which it asserts objections. Moreover, this Protective Order is not a waiver of any party’s right 26 to object to discovery requests, other than those related to trade secrets or other confidential 27 information claims or the admission of evidence on any grounds. 28 29. No Admission: Adherence to this Protective Order in no way constitutes an 15 1 admission by any party that: (1) any information provided in this action and not subject to this 2 Protective Order is not proprietary or confidential or (2) any information received in this action 3 and treated in accordance with this Protective Order is proprietary or confidential. 4 5 30. Execution: This Protective Order may be executed in counterparts and by facsimile or “pdf” file, with all counterpart and facsimile signatures deemed to be one document. 6 7 SO STIPULATED: Agreed to this 3rd day of July 2016. 8 9 10 Dated: October 3, 2016 acuminis pc 11 12 /s/ Christian W. Liedtke Christian W. Liedtke 13 Attorney for Plaintiff California Brewing Company 14 15 Dated: October 3, 2016 Shumaker Loop & Kendrick, LLP 16 17         18 /s/ Suzette M. Marteny Steven M. Berman Suzette M. Marteny (admitted pro hac vice) Attorneys for Defendants, 3 Daughters Brewing, LLC and LMMML, LLC 19 20 21 22 IT IS SO ORDERED. 23 24 Dated: October 7, 2016 25 26 27 28 16 1 EXHIBIT A 2 AGREEMENT TO BE BOUND BY PROTECTIVE ORDER 3 4 I, _____________________________________, declare, say, and acknowledge that: 5 1. 6 I am employed as __________________________________________________ by _____________________________________________________________. 7 2. I have read the Stipulated Protective Order in California Brewing Company, Inc. v. 8 3 Daughters Brewing LLC, et. al., Case No. 2:15-cv-02278-KJM-CMK, pending in the United 9 States District Court for the Eastern District of California, and have received a copy of the 10 Stipulated Protective Order (“Protective Order”). 11 12 3. I hereby agree to comply with and be bound by the terms and conditions of that Order unless and until modified by court order. 13 4. I promise that I will use any and all “Confidential” or “Confidential-Attorneys’ 14 Eyes Only” information and materials, as defined in the Protective Order, given to me only in a 15 manner authorized by the Protective Order, and only to assist counsel in the litigation of this 16 matter. 17 5. I promise that I will not disclose or discuss such “Confidential” or “Confidential- 18 Attorneys’ Eyes Only” information or materials with anyone other than the persons authorized in 19 accordance with paragraphs 16-17 of the Protective Order. 20 6. When I have completed my assigned or legal duties relating to this litigation, I will 21 return to counsel for the party by whom I am employed or retained or destroy all confidential 22 documents, materials and things in my possession, or that I have prepared relating to such 23 documents and things. I acknowledge that such return or destruction of such materials shall not 24 relieve me from any of the continuing obligations imposed on me by the Protective Order. 25 7. I acknowledge that, by signing this agreement, I am subjecting myself to the 26 jurisdiction of the United States District Court for the Eastern District of California with respect 27 to enforcement of the Protective Order and resolution of any matters pertaining to this Protective 28 Order. My address is: 17 1 2 ______________________________________________________________________________ 3 ______________________________________________________________________________ 4 8. I understand that any disclosure or use of “Confidential” or “Confidential – 5 Attorneys’ Eyes Only” information in any manner contrary to the provisions of the Protective 6 Order may subject me to sanctions for contempt of court. 7 8 I declare under penalty of perjury that the foregoing is true and correct. 9 Executed this___ day of _______, ________ at ___________________. 10 11 Signature: ___________________________ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18 1 2 3 4 5 6 7 8 9 PROOF OF SERVICE I, the undersigned, declare and certify as follows: I am over the age of eighteen (18) years and employed in the County of Orange, State of California. I am a member of the State Bar of California and of the above entitled Court. My office address is 3400 Bristol Street, 6th Floor, Costa Mesa, CA 92626. On October 3rd, 2016, I served the following document (attached hereto): [PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIALITY (XX) VIA CM/ECF FILING SYSTEM. The undersigned hereby certifies that he caused a copy of the foregoing document(s) to be filed with the clerk of the U.S. District Court, Eastern District of California, using the CM/ECF filing system, which caused a copy to be electronically mailed to the following CM/ECF Participant(s) on October 3, 2016: 10 11 12 STEVEN M. BERMAN SHUMAKER, LOOP & KENDRICK, LLP 101 E. Kennedy Blvd., Suite 2800 Tampa, FL 33601 13 14 Executed on October 3rd, 2016, at Costa Mesa, California 15 16 /s/Christian W. Liedtke Christian W. Liedtke 17 18 19 20 21 22 23 24 25 26 27 28 19

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