Online Guru Inc. v. Cartagz, Inc.

Filing 27

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Gregory G. Hollows on 5/15/18. (Mena-Sanchez, L)

1
2
3
4
5
6
7
8
9
10
11
12
13

KRONENBERGER ROSENFELD, LLP
Karl S. Kronenberger (CA Bar No. 226112)
Tomasz R. Barczyk (CA Bar No. 312620)
150 Post Street, Suite 520
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant and Counterclaimant Cartagz, Inc.
aka Cartagz.com
WALTERS LAW GROUP
Christopher L. Walters, Esq. (CA Bar No. 205510)
1901 First Avenue, Second Floor
San Diego, CA 92101
Telephone: [phone]
[e-mail]
Attorneys for Plaintiff and Counter-Defendant
Online Guru Inc.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

14
15
16

ONLINE GURU INC.,

17

Plaintiff,

18
19
20

Case No. 2:17-cv-01121-TLN-GGH
STIPULATED PROTECTIVE ORDER
AND ORDER

v.
CARTAGZ, INC. aka CARTAGZ.COM; and
DOES 1-10, inclusive,

21

Defendants.

22
23

CARTAGZ, INC. aka CARTAGZ.COM,
Counterclaimant,

24
25
26
27

v.
ONLINE GURU INC.,
Counter-Defendant

28
Case No. 2:17-cv-01121-TLN-GGH

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1

1.

PURPOSES AND LIMITATIONS

2

Disclosure and discovery activity in this action are likely to involve production of

3

confidential, proprietary, or private information for which special protection from public

4

disclosure and from use for any purpose other than prosecuting this litigation may be

5

warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the

6

following Stipulated Protective Order. The parties acknowledge that this Order does not

7

confer blanket protections on all disclosures or responses to discovery and that the

8

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

9

or items that are entitled to confidential treatment under the applicable legal principles.

10

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

11

Protective Order does not entitle them to file confidential information under seal; Civil

12

Local Rule 141 sets forth the procedures that must be followed and the standards that

13

will be applied when a party seeks permission from the court to file material under seal.

14

2.

15

DEFINITIONS
2.1

"ATTORNEYS EYES ONLY": documents and information that constitute

16

confidential and proprietary business information, including but not limited to sensitive

17

nonpublic information such as customer names, addresses and contact information;

18

information concerning the business’s operations, including current and future business

19

plans, strategies regarding potential future operations, and reports/results on business

20

activity that is not publicly available; customer account information and customer

21

preferences, including but not limited to documents concerning financial transactions with

22

customers, accounting, billings, payments, invoicing, and data relating to the business

23

conducted with customers; documents relating to payments between a party and its

24

customer/business partner; all Advertising Data from Online Guru regarding Cartagz and

25

CA Reg; all billing records regarding CA Reg; pricing information or such other

26

information or documents not known to the general public, including but not limited to

27

business contracts/agreements with customers, vendors, business partners, or others;

28

any other documents the disclosure of which information to the Receiving Party could
Case No. 2:17-cv-01121-TLN-GGH

1

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1
2
3
4

cause serious injury or damage to the Designating Party.
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

5

generated, stored or maintained) or tangible things that qualify for protection under

6

Federal Rule of Civil Procedure 26(c).

7
8
9

2.4

Counsel (without qualifier): 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

10

items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or

11

“ATTORNEYS’ EYES ONLY.”

12

2.6

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

13

medium or manner in which it is generated, stored, or maintained (including, among other

14

things, testimony, transcripts, and tangible things), that are produced or generated in

15

disclosures or responses to discovery in this matter.

16

2.7

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

17

pertinent to the litigation who has been retained by a Party’s counsel to serve as an

18

expert witness or as a consultant in this action who is not employed or retained by Party

19

for any other reason.

20

2.8

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

21

House Counsel does not include Outside Counsel of Record or any other outside

22

counsel.

23
24
25

2.9

Non-Party:

any natural person, partnership, corporation, association, or

other legal entity not named as a Party to this action.
2.10

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

26

this action but are retained to represent or advise a party to this action and have

27

appeared in this action on behalf of that party or are affiliated with a law firm which has

28

appeared on behalf of that party.
Case No. 2:17-cv-01121-TLN-GGH

2

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1

2.11

Party:

any party to this action, including all of its officers, directors,

2

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

3

support staffs).

4
5

2.12

Producing Party:

a Party or Non-Party that produces Disclosure or

Discovery Material in this action.

6

2.13

Professional Vendors: persons or entities that provide litigation support

7

services

8

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

9

their employees and subcontractors.

10
11

(e.g.,

2.14

photocopying,

videotaping,

translating,

preparing

exhibits

or

Protected Material: any Disclosure or Discovery Material that is designated

as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”

12

2.15

Receiving Party: a Party that receives Disclosure or Discovery Material

13

from a Producing Party.

14

3.

SCOPE

15

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

16

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

17

Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

18

Material; and (3) any testimony, conversations, or presentations by Parties or their

19

Counsel that might reveal Protected Material. However, the protections conferred by this

20

Stipulation and Order do not cover the following information: (a) any information that is in

21

the public domain at the time of disclosure to a Receiving Party or becomes part of the

22

public domain after its disclosure to a Receiving Party as a result of publication not

23

involving a violation of this Order, including becoming part of the public record through

24

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

25

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

26

obtained the information lawfully and under no obligation of confidentiality to the

27

Designating Party. Any use of Protected Material at trial shall be governed by a separate

28

agreement or order.
Case No. 2:17-cv-01121-TLN-GGH

3

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1

4.

DURATION

2

Even after final disposition of this litigation, the confidentiality obligations imposed

3

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

4

or a court order otherwise directs. Final disposition shall be deemed to be the later of (1)

5

dismissal of all claims and defenses in this action, with or without prejudice; and (2) final

6

judgment herein after the completion and exhaustion of all appeals, rehearings, remands,

7

trials, or reviews of this action, including the time limits for filing any motions or

8

applications for extension of time pursuant to applicable law.

9

5.

10

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each

11

Party or Non-Party that designates information or items for protection under this Order

12

must take care to limit any such designation to specific material that qualifies under the

13

appropriate standards. The Designating Party must designate for protection only those

14

parts of material, documents, items, or oral or written communications that qualify – so

15

that other portions of the material, documents, items, or communications for which

16

protection is not warranted are not swept unjustifiably within the ambit of this Order.

17

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

18

are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,

19

to unnecessarily encumber or retard the case development process or to impose

20

unnecessary expenses and burdens on other parties) expose the Designating Party to

21

sanctions.

22

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

23

designated for protection do not qualify for protection, that Designating Party must

24

promptly notify all other Parties that it is withdrawing the mistaken designation.

25

5.2

26

(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or

27

ordered, Disclosure or Discovery Material that qualifies for protection under this Order

28

must be clearly so designated before the material is disclosed or produced.

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

Case No. 2:17-cv-01121-TLN-GGH

4

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1

Designation in conformity with this Order requires:

2

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

3

but excluding transcripts of depositions or other pretrial or trial proceedings), that the

4

Producing Party affix the legend “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” to

5

each page that contains protected material. If only a portion or portions of the material on

6

a page qualifies for protection, the Producing Party also must clearly identify the

7

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

8

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

9

inspection need not designate them for protection until after the inspecting Party has

10

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

11

before the designation, all of the material made available for inspection shall be deemed

12

“ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it

13

wants copied and produced, the Producing Party must determine which documents, or

14

portions thereof, qualify for protection under this Order. Then, before producing the

15

specified documents, the Producing Party must affix the “CONFIDENTIAL” or

16

“ATTORNEYS’ EYES ONLY” legend to each page that contains Protected Material. If

17

only a portion or portions of the material on a page qualifies for protection, the Producing

18

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

19

markings in the margins).

20

(b) for testimony given in deposition or in other pretrial or trial proceedings,

21

that the Designating Party identify on the record, before the close of the deposition,

22

hearing, or other proceeding, all protected testimony.

23

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

24

other tangible items, that the Producing Party affix in a prominent place on the exterior of

25

the container or containers in which the information or item is stored the legend

26

“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” If only a portion or portions of the

27

information or item warrant protection, the Producing Party, to the extent practicable,

28

shall identify the protected portion(s).
Case No. 2:17-cv-01121-TLN-GGH

5

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure

2

to designate qualified information or items does not, standing alone, waive the

3

Designating Party’s right to secure protection under this Order for such material. Upon

4

timely correction of a designation, the Receiving Party must make reasonable efforts to

5

assure that the material is treated in accordance with the provisions of this Order.

6

6.

7

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

8

of confidentiality at any time. Unless a prompt challenge to a Designating Party’s

9

confidentiality designation is necessary to avoid foreseeable, substantial unfairness,

10

unnecessary economic burdens, or a significant disruption or delay of the litigation, a

11

Party does not waive its right to challenge a confidentiality designation by electing not to

12

mount a challenge promptly after the original designation is disclosed.

13

6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution

14

process by providing written notice of each designation it is challenging and describing

15

the basis for each challenge. To avoid ambiguity as to whether a challenge has been

16

made, the written notice must recite that the challenge to confidentiality is being made in

17

accordance with this specific paragraph of the Protective Order. The parties shall attempt

18

to resolve each challenge in good faith and must begin the process by conferring directly

19

(in voice to voice dialogue; other forms of communication are not sufficient) within 14

20

days of the date of service of notice. In conferring, the Challenging Party must explain

21

the basis for its belief that the confidentiality designation was not proper and must give

22

the Designating Party an opportunity to review the designated material, to reconsider the

23

circumstances, and, if no change in designation is offered, to explain the basis for the

24

chosen designation. A Challenging Party may proceed to the next stage of the challenge

25

process only if it has engaged in this meet and confer process first or establishes that the

26

Designating Party is unwilling to participate in the meet and confer process in a timely

27

manner.

28
Case No. 2:17-cv-01121-TLN-GGH

6

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1

6.3

Judicial Intervention. If the Parties cannot resolve a challenge without court

2

intervention, the Designating Party shall file and serve a motion to retain confidentiality

3

under the applicable local rule (and in compliance with Civil Local Rule 141, if applicable)

4

within 21 days of the initial notice of challenge or within 14 days of the parties agreeing

5

that the meet and confer process will not resolve their dispute, whichever is earlier. Each

6

such motion must be accompanied by a competent declaration affirming that the movant

7

has complied with the meet and confer requirements imposed in the preceding

8

paragraph. Failure by the Designating Party to make such a motion including the

9

required declaration within 21 days (or 14 days, if applicable) shall automatically waive

10

the confidentiality designation for each challenged designation. In addition, the

11

Challenging Party may file a motion challenging a confidentiality designation at any time

12

if there is good cause for doing so, including a challenge to the designation of a

13

deposition transcript or any portions thereof. Any motion brought pursuant to this

14

provision must be accompanied by a competent declaration affirming that the movant

15

has complied with the meet and confer requirements imposed by the preceding

16

paragraph.

17

The burden of persuasion in any such challenge proceeding shall be on the

18

Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,

19

to harass or impose unnecessary expenses and burdens on other parties) may expose

20

the Challenging Party to sanctions. Unless the Designating Party has waived the

21

confidentiality designation by failing to file a motion to retain confidentiality as described

22

above, all parties shall continue to afford the material in question the level of protection to

23

which it is entitled under the Producing Party’s designation until the court rules on the

24

challenge.

25

7.

26

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

27

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

28

only for prosecuting, defending, or attempting to settle this litigation. Such Protected
Case No. 2:17-cv-01121-TLN-GGH

7

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1

Material may be disclosed only to the categories of persons and under the conditions

2

described in this Order. When the litigation has been terminated, a Receiving Party must

3

comply with the provisions of section 13 below (FINAL DISPOSITION).

4

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

5

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

6

authorized under this Order.

7

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

8

ordered by the court or permitted in writing by the Designating Party, a Receiving Party

9

may disclose any information or item designated “CONFIDENTIAL” only to:

10

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as

11

employees of said Outside Counsel of Record to whom it is reasonably necessary to

12

disclose the information for this litigation and who have signed the “Acknowledgment and

13

Agreement to Be Bound” that is attached hereto as Exhibit A;

14

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

15

Receiving Party to whom disclosure is reasonably necessary for this litigation and who

16

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

17

(c)

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

18

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

19

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

20

(d) the court and its personnel;

21

(e) court reporters and their staff, professional jury or trial consultants, mock

22

jurors, and Professional Vendors to whom disclosure is reasonably necessary for this

23

litigation and who have signed the “Acknowledgment and Agreement to Be Bound”

24

(Exhibit A);

25

(f)

during their depositions, witnesses in the action to whom disclosure is

26

reasonably necessary and who have signed the “Acknowledgment and Agreement to Be

27

Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the

28

court. Pages of transcribed deposition testimony or exhibits to depositions that reveal
Case No. 2:17-cv-01121-TLN-GGH

8

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1

Protected Material must be separately bound by the court reporter and may not be

2

disclosed to anyone except as permitted under this Stipulated Protective Order.

3
4
5

(g)

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

custodian or other person who otherwise possessed or knew the information.
7.3

Disclosure of “ATTORNEYS’ EYES ONLY” Information or Items. Unless

6

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

7

Receiving Party may disclose any information or item designated “ATTORNEYS’ EYES

8

ONLY” only to:

9

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as

10

employees of said Outside Counsel of Record to whom it is reasonably necessary to

11

disclose the information for this litigation and who have signed the “Acknowledgment and

12

Agreement to Be Bound” that is attached hereto as Exhibit A;

13

(b)

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

14

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

15

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

16

(c) the court and its personnel;

17

(d) court reporters and their staff, professional jury or trial consultants, mock

18

jurors, and Professional Vendors to whom disclosure is reasonably necessary for this

19

litigation and who have signed the “Acknowledgment and Agreement to Be Bound”

20

(Exhibit A);

21

(e) during their depositions, witnesses in the action to whom disclosure is

22

reasonably necessary and who have signed the “Acknowledgment and Agreement to Be

23

Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the

24

court. Pages of transcribed deposition testimony or exhibits to depositions that reveal

25

Protected Material must be separately bound by the court reporter and may not be

26

disclosed to anyone except as permitted under this Stipulated Protective Order. If the

27

receiving Party wishes to disclose Attorneys’ Eyes Only documents to a witness (who is

28

not an employee of the Disclosing Party) during a deposition, the Party shall meet and
Case No. 2:17-cv-01121-TLN-GGH

9

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1

confer with the Disclosing Party at least 5 court days in advance of such deposition

2

regarding such documents.

3
4

(f)

custodian or other person who otherwise possessed or knew the information.

5
6

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

(g) ATTORNEYS’ EYES ONLY documents and information shall not be
disclosed or disseminated to employees and other personnel of the Receiving Party.

7
8

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

9

OTHER LITIGATION

10

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

11

compels disclosure of any information or items designated in this action as

12

“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” by any other Party to this Agreement,

13

the Party served with the subpoena/order must:

14
15

(a)

promptly notify in writing the Designating Party. Such notification shall

include a copy of the subpoena or court order;

16

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

17

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

18

order is subject to this Protective Order. Such notification shall include a copy of this

19

Stipulated Protective Order; and

20
21

(c) cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.

22

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

23

subpoena or court order shall not produce any information designated in this action as

24

“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a determination by the court

25

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

26

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

27

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

28
Case No. 2:17-cv-01121-TLN-GGH

10

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1

should be construed as authorizing or encouraging a Receiving Party in this action to

2

disobey a lawful directive from another court.

3

9.

4

THIS LITIGATION

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN

5

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

6

Party in this action and designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES

7

ONLY.” Such information produced by Non-Parties in connection with this litigation is

8

protected by the remedies and relief provided by this Order. Nothing in these provisions

9

should be construed as prohibiting a Non-Party from seeking additional protections.

10

(b)

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

11

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

12

to an agreement with the Non-Party not to produce the Non-Party’s confidential

13

information, then the Party shall:

14

(1) promptly notify in writing the Requesting Party and the Non-Party that

15

some or all of the information requested is subject to a confidentiality agreement with a

16

Non-Party;

17

(2) promptly provide the Non-Party with a copy of the Stipulated Protective

18

Order in this litigation, the relevant discovery request(s), and a reasonably specific

19

description of the information requested; and

20
21

(3) make the information requested available for inspection by the NonParty.

22

(c) If the Non-Party fails to object or seek a protective order from this court

23

within 14 days of receiving the notice and accompanying information, the Receiving Party

24

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

25

request. If the Non-Party timely seeks a protective order, the Receiving Party shall not

26

produce any information in its possession or control that is subject to the confidentiality

27

agreement with the Non-Party before a determination by the court. Absent a court order

28
Case No. 2:17-cv-01121-TLN-GGH

11

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1

to the contrary, the Non-Party shall bear the burden and expense of seeking protection in

2

this court of its Protected Material.

3

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

4

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

5

Protected Material to any person or in any circumstance not authorized under this

6

Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the

7

Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all

8

unauthorized copies of the Protected Material, (c) inform the person or persons to whom

9

unauthorized disclosures were made of all the terms of this Order, and (d) request such

10

person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is

11

attached hereto as Exhibit A.

12

11.

13

PROTECTED

INADVERTENT

PRODUCTION

OF

PRIVILEGED

OR

OTHERWISE

MATERIAL

14

When a Producing Party gives notice to Receiving Parties that certain

15

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

16

obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure

17

26(b)(5)(B). This provision is not intended to modify whatever procedure may be

18

established in an e-discovery order that provides for production without prior privilege

19

review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach

20

an agreement on the effect of disclosure of a communication or information covered by

21

the attorney-client privilege or work product protection, the parties may incorporate their

22

agreement in the stipulated protective order submitted to the court.

23

12.

24
25
26

MISCELLANEOUS
12.1

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

person to seek its modification by the court in the future.
12.2

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

27

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

28

or producing any information or item on any ground not addressed in this Stipulated
Case No. 2:17-cv-01121-TLN-GGH

12

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1

Protective Order. Similarly, no Party waives any right to object on any ground to use in

2

evidence of any of the material covered by this Protective Order.

3

12.3

Filing Protected Material. Without written permission from the Designating

4

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

5

may not file in the public record in this action any Protected Material. A Party that seeks

6

to file under seal any Protected Material must comply with Civil Local Rule 141. Protected

7

Material may only be filed under seal pursuant to a court order authorizing the sealing of

8

the specific Protected Material at issue. Pursuant to Civil Local Rule 141, a sealing order

9

will issue only upon a request establishing that the Protected Material at issue is

10

privileged, protectable as a trade secret, or otherwise entitled to protection under the law.

11

If a Receiving Party's request to file Protected Material under seal pursuant to Civil Local

12

Rule 141 is denied by the court, then the Receiving Party may file the information in the

13

public record pursuant to Civil Local Rule 141 unless otherwise instructed by the court.

14

13.

FINAL DISPOSITION

15

Within 60 days after the final disposition of this action, as defined in paragraph 4,

16

each Receiving Party must return all Protected Material to the Producing Party or destroy

17

such material. As used in this subdivision, “all Protected Material” includes all copies,

18

abstracts, compilations, summaries, and any other format reproducing or capturing any of

19

the Protected Material. Whether the Protected Material is returned or destroyed, the

20

Receiving Party must submit a written certification to the Producing Party (and, if not the

21

same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

22

(by category, where appropriate) all the Protected Material that was returned or

23

destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts,

24

compilations, summaries or any other format reproducing or capturing any of the

25

Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

26

archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

27

legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

28

work product, and consultant and expert work product, even if such materials contain
Case No. 2:17-cv-01121-TLN-GGH

13

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1

Protected Material. Any such archival copies that contain or constitute Protected Material

2

remain subject to this Protective Order as set forth in Section 4 (DURATION).

3
4

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

5
6 Dated: May 10, 2018

KRONENBERGER ROSENFELD, LLP

7
8

By: /s/
Karl S. Kronenberger

9

11

Attorneys for Defendant and
Counterclaimant Cartagz, Inc.
aka Cartagz.com

12 Dated: February __, 2018

WALTERS LAW GROUP

10

13
By:/s/

14

Christopher L. Walters
15
Attorneys for Plaintiff and CounterDefendant Online Guru Inc.

16
17
18
19

PURSUANT TO STIPULATION, IT IS SO ORDERED.*

Dated: May 15, 2018
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24

*In order to alleviate any ambiguity, the undersigned makes clear for purposes of
Paragraph 12, that documents may be sealed in court only for good cause in nondispositive matters and compelling reasons in dispositive matters. See Kamehama v.
City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006).

25
26
27
28
Case No. 2:17-cv-01121-TLN-GGH

14

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I,

3

_____________________________

[print

or

type

full

name],

of

4

_____________________________ [print or type full address], declare under penalty of

5

perjury that I have read in its entirety and understand the Stipulated Protective Order that

6

was issued by the United States District Court for the Eastern District of California on

7

________ [date] in the case of Online Guru Inc. v. Cartagz, Inc., et al., Case No. 2:17-cv-

8

01121-TLN-GGH. I agree to comply with and to be bound by all the terms of this

9

Stipulated Protective Order and I understand and acknowledge that failure to so comply

10

could expose me to sanctions and punishment in the nature of contempt. I solemnly

11

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

12

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

13

the provisions of this Order.

14

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

15

the Eastern District of California for the purpose of enforcing the terms of this Stipulated

16

Protective Order, even if such enforcement proceedings occur after termination of this

17

action.

18

I hereby appoint __________________________ [print or type full name] of

19

_______________________________________

[print

or

type

full

address

20

telephone number] as my California agent for service of process in connection with this

21

action or any proceedings related to enforcement of this Stipulated Protective Order.

22
23

Date: ______________________________________

24

City and State where sworn and signed: _________________________________

25

Printed name: _______________________________

26

Signature: __________________________________

27
28
Case No. 2:17-cv-01121-TLN-GGH

15

STIP. PROTECTIVE ORDER AND [PROP.]
ORDER

and