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8 UNITED STATES DISTRICT COURT 9

CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

11 P&P IMPORTS LLC, a California ) Case No. 8:19-cv-00523-DOC (JDEx) 12 ) limited liability company, ) 13 Plaintiff, ) ORDER GRANTING STIPULATED ) PROTECTIVE ORDER ) 14 v. ) ) 15 ) JOHNSON ENTERPRISES LLC, a ) 16 Virginia limited liability company DBA ) ) 17 TAILGATING PROS; and DOES 1-10, ) inclusive, ) 18 ) Defendants. ) 19 20 Based upon the stipulation of the parties (Dkt. 21), the Court finds and 21 orders as follows: 22 1. PURPOSES AND LIMITATIONS 23 Discovery in this action is likely to involve production of confidential, 24 proprietary or private information for which special protection from public 25 disclosure and from use for any purpose other than pursuing this litigation may be 26 warranted. Accordingly, the parties have stipulated to and petitioned the Court to 27 28 1 enter the following Stipulated Protective Order. The parties acknowledge that this 1 Order does not confer blanket protections on all disclosures or responses to 2 discovery and that the protection it affords from public disclosure and use extends 3 only to the limited information or items that are entitled to confidential treatment 4 under the applicable legal principles. 5 6 2. GOOD CAUSE STATEMENT 7 This action is likely to involve trade secrets, customer and pricing lists and 8 other valuable research, development, commercial, financial, technical and/or 9 proprietary information for which special protection from public disclosure and 10 from use for any purpose other than prosecution of this action is warranted. Such 11 confidential and proprietary materials and information consist of, among other 12 things, confidential business or financial information, information regarding 13 confidential business practices, or other confidential research, development, or 14 commercial information (including information implicating privacy rights of third 15 parties), information otherwise generally unavailable to the public, or which may 16 be privileged or otherwise protected from disclosure under state or federal statutes, 17 court rules, case decisions, or common law. Accordingly, to expedite the flow of 18 information, to facilitate the prompt resolution of disputes over confidentiality of 19 discovery materials, to adequately protect information the parties are entitled to 20 keep confidential, to ensure that the parties are permitted reasonable necessary uses 21 of such material in preparation for and in the conduct of trial, to address their 22 handling at the end of the litigation, and serve the ends of justice, a protective order 23 for such information is justified in this matter. It is the intent of the parties that 24 information will not be designated as confidential for tactical reasons and that 25 nothing be so designated without a good faith belief that it has been maintained in 26 a confidential, non-public manner, and there is good cause why it should not be 27 part of the public record of this case. 28 2 1 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 2 The parties further acknowledge, as set forth in Section 14.3, below, that this 3 Stipulated Protective Order does not entitle them to file confidential information 4 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 5 and the standards that will be applied when a party seeks permission from the court 6 to file material under seal. There is a strong presumption that the public has a right 7 of access to judicial proceedings and records in civil cases. In connection with non- 8 dispositive motions, good cause must be shown to support a filing under seal. See 9 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), 10 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar- 11 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even 12 stipulated protective orders require good cause showing), and a specific showing of 13 good cause or compelling reasons with proper evidentiary support and legal 14 justification, must be made with respect to Protected Material that a party seeks to 15 file under seal. The parties’ mere designation of Disclosure or Discovery Material 16 as CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS EYES 17 ONLY does not— without the submission of competent evidence by declaration, 18 establishing that the material sought to be filed under seal qualifies as confidential, 19 privileged, or otherwise protectable—constitute good cause. 20 Further, if a party requests sealing related to a dispositive motion or trial, 21 then compelling reasons, not only good cause, for the sealing must be shown, and 22 the relief sought shall be narrowly tailored to serve the specific interest to be 23 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 24 2010). For each item or type of information, document, or thing sought to be filed 25 or introduced under seal, the party seeking protection must articulate compelling 26 reasons, supported by specific facts and legal justification, for the requested sealing 27 28 3 1 order. Again, competent evidence supporting the application to file documents 2 under seal must be provided by declaration. 3 Any document that is not confidential, privileged, or otherwise protectable 4 in its entirety will not be filed under seal if the confidential portions can be 5 redacted. If documents can be redacted, then a redacted version for public viewing, 6 omitting only the confidential, privileged, or otherwise protectable portions of the 7 document, shall be filed. Any application that seeks to file documents under seal in 8 their entirety should include an explanation of why redaction is not feasible. 9 4. DEFINITIONS 10 4.1 Action: This pending federal lawsuit. 11 4.2 Challenging Party: a Party or Non-Party that challenges the 12 designation of information or items under this Order. 13 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 14 how it is generated, stored or maintained) or tangible things that qualify for 15 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 16 the Good Cause Statement. 17 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as 18 their support staff). 19 4.5 Designating Party: a Party or Non-Party that designates information or 20 items that it produces in disclosures or in responses to discovery as 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS EYES 22 ONLY.” 23 4.6 Disclosure or Discovery Material: all items or information, regardless 24 of the medium or manner in which it is generated, stored, or maintained (including, 25 among other things, testimony, transcripts, and tangible things), that are produced 26 or generated in disclosures or responses to discovery. 27 4.7 Expert: a person with specialized knowledge or experience in a matter 28 4 1 pertinent to the litigation who has been retained by a Party or its counsel to serve 2 as an expert witness or as a consultant in this Action. 3 4.8 “HIGHLY CONFIDENTIAL—ATTORNEYS EYES ONLY” 4 information or items: information (regardless of how it is generated, stored or 5 maintained) or tangible things in the possession of a Designating Party who 6 believes in good faith that the Disclosure of such Information or Item to another 7 Party or Non-Party would create a substantial risk of serious financial or other 8 injury that cannot be avoided by less restrictive means. 9 4.9 House Counsel: attorneys who are employees of a party to this Action. 10 House Counsel does not include Outside Counsel of Record or any other outside 11 counsel. 12 4.10 Non-Party: any natural person, partnership, corporation, association or 13 other legal entity not named as a Party to this action. 14 4.11 Outside Counsel of Record: attorneys who are not employees of a 15 party to this Action but are retained to represent a party to this Action and have 16 appeared in this Action on behalf of that party or are affiliated with a law firm that 17 has appeared on behalf of that party, and includes support staff. 18 4.12 Party: any party to this Action, including all of its officers, directors, 19 employees, consultants, retained experts, and Outside Counsel of Record (and their 20 support staffs). 21 4.13 Producing Party: a Party or Non-Party that produces Disclosure or 22 Discovery Material in this Action. 23 4.14 Professional Vendors: persons or entities that provide litigation 24 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 25 demonstrations, and organizing, storing, or retrieving data in any form or medium) 26 and their employees and subcontractors. 27 4.15 Protected Material: any Disclosure or Discovery Material that is 28 5 1 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL— 2 ATTORNEYS EYES ONLY.” 3 4.16 Receiving Party: a Party that receives Disclosure or Discovery 4 Material from a Producing Party. 5 5. SCOPE 6 The protections conferred by this Stipulation and Order cover not only 7 Protected Material (as defined above), but also (1) any information copied or 8 extracted from Protected Material; (2) all copies, excerpts, summaries, or 9 compilations of Protected Material; and (3) any testimony, conversations, or 10 presentations by Parties or their Counsel that might reveal Protected Material. 11 Any use of Protected Material at trial shall be governed by the orders of the 12 trial judge and other applicable authorities. This Order does not govern the use of 13 Protected Material at trial. 14 6. DURATION 15 Once a case proceeds to trial, information that was designated as 16 CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS EYES ONLY 17 maintained pursuant to this protective order used or introduced as an exhibit at trial 18 becomes public and will be presumptively available to all members of the public, 19 including the press, unless compelling reasons supported by specific factual 20 findings to proceed otherwise are made to the trial judge in advance of the trial. 21 See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for 22 sealing documents produced in discovery from “compelling reasons” standard 23 when merits-related documents are part of court record). Accordingly, the terms of 24 this protective order do not extend beyond the commencement of the trial. 25 7. DESIGNATING PROTECTED MATERIAL 26 7.1 Exercise of Restraint and Care in Designating Material for 27 Protection. Each Party or Non-Party that designates information or 28 6 1 items for protection under this Order must take care to limit any such designation 2 to specific material that qualifies under the appropriate standards. The Designating 3 Party must designate for protection only those parts of material, documents, items 4 or oral or written communications that qualify so that other portions of the 5 material, documents, items or communications for which protection is not 6 warranted are not swept unjustifiably within the ambit of this Order. 7 Mass, indiscriminate or routinized designations are prohibited. Designations 8 that are shown to be clearly unjustified or that have been made for an improper 9 purpose (e.g., to unnecessarily encumber the case development process or to 10 impose unnecessary expenses and burdens on other parties) may expose the 11 Designating Party to sanctions. 12 If it comes to a Designating Party’s attention that information or items that it 13 designated for protection do not qualify for protection, that Designating Party must 14 promptly notify all other Parties that it is withdrawing the inapplicable designation. 15 7.2 Manner and Timing of Designations. Except as otherwise provided in 16 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 17 that qualifies for protection under this Order must be clearly so designated before 18 the material is disclosed or produced. 19 Designation in conformity with this Order requires: 20 (a) for information in documentary form (e.g., paper or electronic 21 documents, but excluding transcripts of depositions or other pretrial or trial 22 proceedings), that the Producing Party affix at a minimum, the legend 23 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or HIGHLY 24 CONFIDENTIAL – ATTORNEYS EYES ONLY” (hereinafter “HIGHLY 25 CONFIDENTIAL – ATTORNEYS EYES ONLY legend”), to each page that 26 contains protected material. If only a portion of the material on a page qualifies for 27 protection, the Producing Party also must clearly identify the protected portion(s) 28 7 1 (e.g., by making appropriate markings in the margins). 2 A Party or Non-Party that makes original documents available for inspection 3 need not designate them for protection until after the inspecting Party has indicated 4 which documents it would like copied and produced. During the inspection and 5 before the designation, all of the material made available for inspection shall be 6 deemed “CONFIDENTIAL,” unless otherwise agreed upon by the parties. After 7 the inspecting Party has identified the documents it wants copied and produced, the 8 Producing Party must determine which documents, or portions thereof, qualify for 9 protection under this Order. Then, before producing the specified documents, the 10 Producing Party must affix the “CONFIDENTIAL legend” or “HIGHLY 11 CONFIDENTIAL – ATTORNEYS EYES ONLY legend” to each page that 12 contains Protected Material. If only a portion of the material on a page qualifies for 13 protection, the Producing Party also must clearly identify the protected portion(s) 14 (e.g., by making appropriate markings in the margins). 15 (b) for testimony given in depositions that the Designating Party 16 identifies the Disclosure or Discovery Material on the record, before the close of 17 the deposition all protected testimony. Alternatively, a Designating Party may 18 designate an entire deposition as “CONFIDENTIAL” or “HIGHLY 19 CONFIDENTIAL – ATTORNEYS EYES ONLY” and within 10 business days 20 after receipt of the official deposition transcript the Designating Party provide page 21 and line number designations. 22 (c) for information produced in some form other than documentary 23 and for any other tangible items, that the Producing Party affix in a prominent 24 place on the exterior of the container or containers in which the information is 25 stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 26 ATTORNEYS EYES ONLY.” If only a portion or portions of the information 27 warrants protection, the Producing Party, to the extent practicable, shall identify 28 8 1 the protected portion(s). 2 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 3 failure to designate qualified information or items does not, standing alone, waive 4 the Designating Party’s right to secure protection under this Order for such 5 material. Upon timely correction of a designation, the Receiving Party must make 6 reasonable efforts to assure that the material is treated in accordance with the 7 provisions of this Order. 8 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 10 designation of confidentiality at any time that is consistent with the Court’s 11 Scheduling Order. 12 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 13 resolution process under Local Rule 37-1 et seq. 14 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 15 joint stipulation pursuant to Local Rule 37-2. 16 8.4 The burden of persuasion in any such challenge proceeding shall be 17 on the Designating Party. Frivolous challenges, and those made for an improper 18 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 19 parties) may expose the Challenging Party to sanctions. Unless the Designating 20 Party has waived or withdrawn the confidentiality designation, all parties shall 21 continue to afford the material in question the level of protection to which it is 22 entitled under the Producing Party’s designation until the Court rules on the 23 challenge. 24 9. ACCESS TO AND USE OF PROTECTED MATERIAL 25 9.1 Basic Principles. A Receiving Party may use Protected Material that is 26 disclosed or produced by another Party or by a Non-Party in connection with this 27 Action only for prosecuting, defending or attempting to settle this Action. Such 28 9 1 Protected Material may be disclosed only to the categories of persons and under 2 the conditions described in this Order. When the Action has been terminated, a 3 Receiving Party must comply with the provisions of section 15 below (FINAL 4 DISPOSITION). 5 Protected Material must be stored and maintained by a Receiving 6 Party at a location and in a secure manner that ensures that access is limited to the 7 persons authorized under this Order. 8 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 9 otherwise ordered by the court or permitted in writing by the Designating Party, a 10 Receiving Party may disclose any information or item designated 11 “CONFIDENTIAL” only to: 12 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 13 well as employees of said Outside Counsel of Record to whom it is reasonably 14 necessary to disclose the information for this Action; 15 (b) the officers, directors, and employees (including House Counsel) 16 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 17 (c) Experts (as defined in this Order) of the Receiving Party to whom 18 disclosure is reasonably necessary for this Action 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; 22 (f) professional jury or trial consultants, mock jurors, and Professional 23 Vendors to whom disclosure is reasonably necessary for this Action and who have 24 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (g) the author or recipient of a document containing the information or 26 a custodian or other person who otherwise possessed or knew the information; 27 (h) during their depositions, witnesses, and attorneys for witnesses, in 28 10 1 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 2 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 3 they will not be permitted to keep any confidential information unless they sign the 4 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 5 agreed by the Designating Party or ordered by the court. Pages of transcribed 6 deposition testimony or exhibits to depositions that reveal Protected Material may 7 be separately bound by the court reporter and may not be disclosed to anyone 8 except as permitted under this Stipulated Protective Order; and 9 (i) any mediators or settlement officers and their supporting personnel, 10 mutually agreed upon by any of the parties engaged in settlement discussions. 11 9.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS EYES 12 ONLY” Information or Items. Unless permitted in writing by the designator, a 13 Receiving Party may disclose material designated HIGHLY CONFIDENTIAL – 14 ATTORNEYS EYES ONLY without further approval only to: 15 9.3.1 The Receiving Party’s Outside Counsel of record in this Action 16 and employees of Outside Counsel of record to whom it is reasonably necessary to 17 disclose the information; 18 9.3.2 The Receiving Party’s House Counsel of record who have 19 appeared in this Action, his paralegals and other attorneys who may assist House 20 Counsel in litigating this Action and to whom it is reasonably necessary to disclose 21 the information; 22 9.3.3 The Court and its personnel; 23 9.3.4. Outside court reporters and their staff, professional jury or trial 24 consultants, and professional vendors to whom disclosure is reasonably necessary, 25 and who have signed the Agreement to Be Bound (Exhibit A); and 26 9.3.5. The author or recipient of a document containing the material, 27 or a custodian or other person who otherwise possessed or knew the information. 28 11 1 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 2 PRODUCED IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS EYES 6 ONLY,” that Party must: 7 (a) promptly notify in writing the Designating Party. Such notification 8 shall include a copy of the subpoena or court order; 9 (b) promptly notify in writing the party who caused the subpoena or 10 order to issue in the other litigation that some or all of the material covered by the 11 subpoena or order is subject to this Protective Order. Such notification shall 12 include a copy of this Stipulated Protective Order; and 13 (c) cooperate with respect to all reasonable procedures sought to be 14 pursued by the Designating Party whose Protected Material may be affected. If the 15 Designating Party timely seeks a protective order, the Party served with the 16 subpoena or court order shall not produce any information designated in this action 17 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS EYES 18 ONLY” before a determination by the court from which the subpoena or order 19 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 21 court of its confidential material and nothing in these provisions should be 22 construed as authorizing or encouraging a Receiving Party in this Action to 23 disobey a lawful directive from another court. 24 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 25 BE PRODUCED IN THIS LITIGATION 26 (a) The terms of this Order are applicable to information produced by 27 a Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 28 12 1 CONFIDENTIAL – ATTORNEYS EYES ONLY.” Such information produced by 2 Non-Parties in connection with this litigation is protected by the remedies and 3 relief provided by this Order. Nothing in these provisions should be construed as 4 prohibiting a Non-Party from seeking additional protections. 5 (b) In the event that a Party is required, by a valid discovery request, 6 to produce a Non-Party’s confidential information in its possession, and the Party 7 is subject to an agreement with the Non-Party not to produce the Non-Party’s 8 confidential information, then the Party shall: 9 (1) promptly notify in writing the Requesting Party and the Non-Party 10 that some or all of the information requested is subject to a confidentiality 11 agreement with a Non-Party; 12 (2) promptly provide the Non-Party with a copy of the Stipulated 13 Protective Order in this Action, the relevant discovery request(s), and a reasonably 14 specific description of the information requested; and 15 (3) make the information requested available for inspection by the 16 Non-Party, if requested. 17 (c) If the Non-Party fails to seek a protective order from this court 18 within 14 days of receiving the notice and accompanying information, the 19 Receiving Party may produce the Non-Party’s confidential information responsive 20 to the discovery request. If the Non-Party timely seeks a protective order, the 21 Receiving Party shall not produce any information in its possession or control that 22 is subject to the confidentiality agreement with the Non-Party before a 23 determination by the court. Absent a court order to the contrary, the Non-Party 24 shall bear the burden and expense of seeking protection in this court of its 25 Protected Material. 26 / / / 27 / / / 28 13 1 12. UNAUTHORIZED DISCLOSURE OF PROTECTED 2 MATERIAL 3 If a Receiving Party learns that, by inadvertence or otherwise, it has 4 disclosed Protected Material to any person or in any circumstance not authorized 5 under this Stipulated Protective Order, the Receiving Party must immediately (a) 6 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 7 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 8 the person or persons to whom unauthorized disclosures were made of all the terms 9 of this Order, and (d) request such person or persons to execute the 10 “Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A. 11 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 12 OTHERWISE PROTECTED MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain 14 inadvertently produced material is subject to a claim of privilege or other 15 protection, the obligations of the Receiving Parties are those set forth in Federal 16 Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to modify 17 whatever procedure may be established in an e-discovery order that provides for 18 production without prior privilege review. Pursuant to Federal Rule of Evidence 19 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 20 of a communication or information covered by the attorney-client privilege or 21 work product protection, the parties may incorporate their agreement in the 22 stipulated protective order submitted to the court. 23 14. MISCELLANEOUS 24 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 25 person to seek its modification by the Court in the future. 26 14.2 Right to Assert Other Objections. By stipulating to the entry of this 27 28 14 1 Protective Order, no Party waives any right it otherwise would have to object to 2 disclosing or producing any information or item on any ground not addressed in 3 this Stipulated Protective Order. Similarly, no Party waives any right to object on 4 any ground to use in evidence of any of the material covered by this Protective 5 Order. 6 14.3 Filing Protected Material. A Party that seeks to file under seal any 7 Protected Material must comply with Local Civil Rule 79-5. Protected Material 8 may only be filed under seal pursuant to a court order authorizing the sealing of the 9 specific Protected Material. If a Party’s request to file Protected Material under 10 seal is denied by the court, then the Receiving Party may file the information in the 11 public record unless otherwise instructed by the court. 12 15. FINAL DISPOSITION 13 After the final disposition of this Action, as defined in paragraph 6, within 14 60 days of a written request by the Designating Party, each Receiving Party must 15 return all Protected Material to the Producing Party or destroy such material. As 16 used in this subdivision, “all Protected Material” includes all copies, abstracts, 17 compilations, summaries, and any other format reproducing or capturing any of the 18 Protected Material. Whether the Protected Material is returned or destroyed, the 19 Receiving Party must submit a written certification to the Producing Party (and, if 20 not the same person or entity, to the Designating Party) by the 60-day deadline that 21 (1) identifies (by category, where appropriate) all the Protected Material that was 22 returned or destroyed and (2) affirms that the Receiving Party has not retained any 23 copies, abstracts, compilations, summaries or any other format reproducing or 24 capturing any of the Protected Material. Notwithstanding this provision, Counsel 25 are entitled to retain an archival copy of all pleadings, motion papers, trial, 26 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 27 and trial exhibits, expert reports, attorney work product, and consultant and expert 28 15 1 || work product, even if such materials contain Protected Material. Any such archival 2 ||copies that contain or constitute Protected Material remain subject to this 3 || Protective Order as set forth in Section 6 (DURATION). 4 16. VIOLATION 5 Any violation of this Order may be punished by appropriate measures 6 |{including, without limitation, contempt proceedings and/or monetary sanctions. 8 g ||1T ISSO ORDERED. 10 11 |} DATED: August 07, 2019 12 13 f Vy KL af 14 J D. EARLY 5 ited States Magistrate Judge

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ___________________________, of [print or type full address], declare 4 under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issued by the United States District Court for 6 the Central District of California on August 7, 2019 in the case of P&P IMPORTS 7 LLC v. JOHNSON ENTERPRISES LLC dba TAILGATING PROS, 8:19-cv-00523- 8 DOC-JDE. 9 I agree to comply with and to be bound by all terms of this Stipulated 10 Protective Order and I understand and acknowledge that failure to so comply could 11 expose me to sanctions and punishment in the nature of contempt. I solemnly 12 promise that I will not disclose in any manner any information or item that is 13 subject to this Stipulated Protective Order to any person or entity except in strict 14 compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District 16 Court for the Central District of California for enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this Action. 19 I hereby appoint _____________________________ of 20 _____________________ as my California agent for service of process in 21 connection with this action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 24 Date: ____________________________ 25 City and State where sworn and signed: ______________________________ 26 Print Name: __________________________ 27 Signature: ____________________________ 28 17