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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

12 13 PASTOR VILLAREAL INC., Case No. 2:19-cv-08381-MWF-AFM 14 Plaintiff, (PROPOSED) STIPULATED

PROTECTIVE

15 v. ORDER1 16 BORDERLAND TRADERS LLC, ET Judge: Honorable Alexander F. AL., MacKinnon 17 Defendants. Courtroom: 780 18 19 Plaintiff Pastor Villareal Inc. (“Plaintiff”) and Defendants Borderland Traders 20 LLC, Suerte y Salud LLC and Jose de Jesus Garcia through their respective 21 undersigned counsel hereby submit the (Proposed) Stipulated Protective Order, 22 (Exhibit 1) for entry by the Court. 23 The Parties are competitors in the marketplace in the field of beauty and skin 24 care products and dietary supplements marketed to the Mexican/Hispanic 25 26 27 1 This Stipulated Protective Order is based substantially on the model protective order provided under Magistrate 1 community in the United States. It is anticipated that during the course of discovery 2 the parties will be required to disclose highly sensitive, propriety and confidential 3 information relating to product sales, profit margins, customers and the like. 4 5 1. A. PURPOSES AND LIMITATIONS 6 Discovery in this action is likely to involve production of confidential, 7 proprietary or private information for which special protection from public 8 disclosure and from use for any purpose other than prosecuting this litigation may 9 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 10 enter the following Stipulated Protective Order. The parties acknowledge that this 11 Order does not confer blanket protections on all disclosures or responses to 12 discovery and that the protection it affords from public disclosure and use extends 13 only to the limited information or items that are entitled to confidential treatment 14 under the applicable legal principles. 15 B. GOOD CAUSE STATEMENT 16 This action is likely to involve trade secrets, customer and pricing lists and 17 other valuable research, development, commercial, financial, technical and/or 18 proprietary information for which special protection from public disclosure and 19 from use for any purpose other than prosecution of this action is warranted. Such 20 confidential and proprietary materials and information consist of, among other 21 things, confidential business or financial information, information regarding 22 confidential business practices, or other confidential research, development, or 23 commercial information (including information implicating privacy rights of third 24 parties), information otherwise generally unavailable to the public, or which may be 25 privileged or otherwise protected from disclosure under state or federal statutes, 26 court rules, case decisions, or common law. Accordingly, to expedite the flow of 27 information, to facilitate the prompt resolution of disputes over confidentiality of 1 discovery materials, to adequately protect information the parties are entitled to keep 2 confidential, to ensure that the parties are permitted reasonable necessary uses of 3 such material in preparation for and in the conduct of trial, to address their handling 4 at the end of the litigation, and serve the ends of justice, a protective order for such 5 information is justified in this matter. It is the intent of the parties that information 6 will not be designated as confidential for tactical reasons and that nothing be so 7 designated without a good faith belief that it has been maintained in a confidential, 8 non-public manner, and there is good cause why it should not be part of the public 9 record of this case. 10 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 11 SEAL 12 The parties further acknowledge, as set forth in Section 12.3, below, that this 13 Stipulated Protective Order does not entitle them to file confidential information 14 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 15 and the standards that will be applied when a party seeks permission from the court 16 to file material under seal. 17 There is a strong presumption that the public has a right of access to judicial 18 proceedings and records in civil cases. In connection with non-dispositive motions, 19 good cause must be shown to support a filing under seal. See Kamakana v. City and 20 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 21 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 22 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 23 require good cause showing), and a specific showing of good cause or compelling 24 reasons with proper evidentiary support and legal justification, must be made with 25 respect to Protected Material that a party seeks to file under seal. The parties’ mere 26 designation of Disclosure or Discovery Material as CONFIDENTIAL or 27 CONFIDENTIAL-ATTORNEYS EYES ONLY does not— without the submission 1 of competent evidence by declaration, establishing that the material sought to be 2 filed under seal qualifies as confidential, privileged, or otherwise protectable— 3 constitute good cause. 4 Further, if a party requests sealing related to a dispositive motion or trial, then 5 compelling reasons, not only good cause, for the sealing must be shown, and the 6 relief sought shall be narrowly tailored to serve the specific interest to be protected. 7 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For 8 each item or type of information, document, or thing sought to be filed or introduced 9 under seal in connection with a dispositive motion or trial, the party seeking 10 protection must articulate compelling reasons, supported by specific facts and legal 11 justification, for the requested sealing order. Again, competent evidence supporting 12 the application to file documents under seal must be provided by declaration. 13 Any document that is not confidential, privileged, or otherwise protectable in 14 its entirety will not be filed under seal if the confidential portions can be redacted. 15 If documents can be redacted, then a redacted version for public viewing, omitting 16 only the confidential, privileged, or otherwise protectable portions of the document, 17 shall be filed. Any application that seeks to file documents under seal in their 18 entirety should include an explanation of why redaction is not feasible. 19 20 2. DEFINITIONS 21 2.1 Action: this pending federal lawsuit. 22 2.2 Challenging Party: a Party or Non-Party that challenges the 23 designation of information or items under this Order. 24 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 25 how it is generated, stored or maintained) or tangible things that qualify for 26 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 27 the Good Cause Statement. 1 2.3.1 "CONFIDENTIAL-ATTORNEYS EYES ONLY" Information or 2 Items: information (regardless of how it is generated, stored or maintained) or 3 tangible things that quality for protection under Federal Rule of Civil Procedure 4 26(a), and as specified in the Good Cause Statement; said information pertaining to 5 the Parties suppliers and/or manufacturers of their products, the cost of goods 6 relating to their products; their wholesale/distributor pricing; their customer base; 7 and, their profit margins for their respective products. 8 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 9 their support staff). 10 2.5 Designating Party: a Party or Non-Party that designates information or 11 items that it produces in disclosures or in responses to discovery as 12 “CONFIDENTIAL" or as "CONFIDENTIAL-ATTORNEYS EYES ONLY.” 13 2.6 Disclosure or Discovery Material: all items or information, regardless 14 of the medium or manner in which it is generated, stored, or maintained (including, 15 among other things, testimony, transcripts, and tangible things), that are produced or 16 generated in disclosures or responses to discovery in this matter. 17 2.7 Expert: a person with specialized knowledge or experience in a matter 18 pertinent to the litigation who has been retained by a Party or its counsel to serve as 19 an expert witness or as a consultant in this Action. 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 2.9 Non-Party: any natural person, partnership, corporation, association or 24 other legal entity not named as a Party to this action. 25 2.10 Outside Counsel of Record: attorneys who are not employees of a 26 party to this Action but are retained to represent or advise a party to this Action and 27 have appeared in this Action on behalf of that party or are affiliated with a law firm 1 that has appeared on behalf of that party, and includes support staff. 2 2.11 Party: any party to this Action, including all of its officers, directors, 3 employees, consultants, retained experts, and Outside Counsel of Record (and their 4 support staffs). 5 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 6 Discovery Material in this Action. 7 2.13 Professional Vendors: persons or entities that provide litigation 8 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 9 demonstrations, and organizing, storing, or retrieving data in any form or medium) 10 and their employees and subcontractors. 11 2.14 Protected Material: any Disclosure or Discovery Material that is 12 designated as “CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS EYES 13 ONLY.” 14 2.15 Receiving Party: a Party that receives Disclosure or Discovery 15 Material from a Producing Party. 16 17 3. SCOPE 18 The protections conferred by this Stipulation and Order cover not only 19 Protected Material (as defined above), but also (1) any information copied or 20 extracted from Protected Material; (2) all copies, excerpts, summaries, or 21 compilations of Protected Material; and (3) any testimony, conversations, or 22 presentations by Parties or their Counsel that might reveal Protected Material. 23 Any use of Protected Material at trial shall be governed by the orders of the 24 trial judge. This Order does not govern the use of Protected Material at trial. 25 26 4. DURATION 27 Once a case proceeds to trial, information that was designated as 1 CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS EYES ONLY or maintained 2 pursuant to this protective order used or introduced as an exhibit at trial becomes 3 public and will be presumptively available to all members of the public, including 4 the press, unless compelling reasons supported by specific factual findings to 5 proceed otherwise are made to the trial judge in advance of the trial. See 6 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 7 documents produced in discovery from “compelling reasons” standard when merits- 8 related documents are part of court record). Accordingly, the terms of this 9 protective order do not extend beyond the commencement of the trial. 10 11 5. DESIGNATING PROTECTED MATERIAL 12 5.1 Exercise of Restraint and Care in Designating Material for Protection. 13 Each Party or Non-Party that designates information or items for protection under 14 this Order must take care to limit any such designation to specific material that 15 qualifies under the appropriate standards. The Designating Party must designate for 16 protection only those parts of material, documents, items or oral or written 17 communications that qualify so that other portions of the material, documents, items 18 or communications for which protection is not warranted are not swept unjustifiably 19 within the ambit of this Order. 20 Mass, indiscriminate or routinized designations are prohibited. Designations 21 that are shown to be clearly unjustified or that have been made for an improper 22 purpose (e.g., to unnecessarily encumber the case development process or to impose 23 unnecessary expenses and burdens on other parties) may expose the Designating 24 Party to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it 26 designated for protection do not qualify for protection, that Designating Party must 27 promptly notify all other Parties that it is withdrawing the inapplicable designation. 1 5.2 Manner and Timing of Designations. Except as otherwise provided in 2 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 4 under this Order must be clearly so designated before the material is disclosed or 5 produced. 6 Designation in conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic 8 documents, but excluding transcripts of depositions or other pretrial or trial 9 proceedings), that the Producing Party affix at a minimum, the legend 10 “CONFIDENTIAL” or "CONFIDENTIAL-ATTORNEYS EYES ONLY" 11 (hereinafter “CONFIDENTIAL or "CONFIDENTIAL-ATTORNEYS EYES 12 ONLY" legend”), to each page that contains protected material. If only a portion of 13 the material on a page qualifies for protection, the Producing Party also must clearly 14 identify the protected portion(s) (e.g., by making appropriate markings in the 15 margins). 16 A Party or Non-Party that makes original documents available for 17 inspection need not designate them for protection until after the inspecting Party has 18 indicated which documents it would like copied and produced. During the 19 inspection and before the designation, all of the material made available for 20 inspection shall be deemed “CONFIDENTIAL-ATTORNEYS EYES ONLY.” After 21 the inspecting Party has identified the documents it wants copied and produced, the 22 Producing Party must determine which documents, or portions thereof, qualify for 23 protection under this Order. Then, before producing the specified documents, the 24 Producing Party must affix the “CONFIDENTIAL" or "CONFIDENTIAL- 25 ATTORNEYS EYES ONLY" legend” to each page that contains Protected 26 Material. If only a portion of the material on a page qualifies for protection, the 27 Producing Party also must clearly identify the protected portion(s) (e.g., by making 1 appropriate markings in the margins). 2 (b) for testimony given in depositions that the Designating Party 3 identifies the Disclosure or Discovery Material on the record, before the close of the 4 deposition all protected testimony. 5 (c) for information produced in some form other than documentary and 6 for any other tangible items, that the Producing Party affix in a prominent place on 7 the exterior of the container or containers in which the information is stored the 8 legend “CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS EYES ONLY.” If 9 only a portion or portions of the information warrants protection, the Producing 10 Party, to the extent practicable, shall identify the protected portion(s). 11 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 12 failure to designate qualified information or items does not, standing alone, waive 13 the Designating Party’s right to secure protection under this Order for such material. 14 Upon timely correction of a designation, the Receiving Party must make reasonable 15 efforts to assure that the material is treated in accordance with the provisions of this 16 Order. 17 18 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 19 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 20 designation of confidentiality at any time that is consistent with the Court’s 21 Scheduling Order. 22 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 23 resolution process under Local Rule 37-1 et seq. 24 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 25 joint stipulation pursuant to Local Rule 37-2. 26 6.4 The burden of persuasion in any such challenge proceeding shall be on 27 the Designating Party. Frivolous challenges, and those made for an improper 1 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 2 parties) may expose the Challenging Party to sanctions. Unless the Designating 3 Party has waived or withdrawn the confidentiality designation, all parties shall 4 continue to afford the material in question the level of protection to which it is 5 entitled under the Producing Party’s designation until the Court rules on the 6 challenge. 7 8 7. ACCESS TO AND USE OF PROTECTED MATERIAL 9 7.1 Basic Principles. A Receiving Party may use Protected Material that is 10 disclosed or produced by another Party or by a Non-Party in connection with this 11 Action only for prosecuting, defending or attempting to settle this Action. Such 12 Protected Material may be disclosed only to the categories of persons and under the 13 conditions described in this Order. When the Action has been terminated, a 14 Receiving Party must comply with the provisions of section 13 below (FINAL 15 DISPOSITION). 16 Protected Material must be stored and maintained by a Receiving Party at a 17 location and in a secure manner that ensures that access is limited to the persons 18 authorized under this Order. 19 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 20 otherwise ordered by the court or permitted in writing by the Designating Party, a 21 Receiving Party may disclose any information or item designated 22 “CONFIDENTIAL” only to: 23 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 24 well as employees of said Outside Counsel of Record to whom it is reasonably 25 necessary to disclose the information for this Action; 26 (b) the officers, directors, and employees (including House Counsel) of 27 the Receiving Party to whom disclosure is reasonably necessary for this Action; 1 (c) Experts (as defined in this Order) of the Receiving Party to whom 2 disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 Vendors to whom disclosure is reasonably necessary for this Action and who have 8 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (g) the author or recipient of a document containing the information or 10 a custodian or other person who otherwise possessed or knew the information; 11 (h) during their depositions, witnesses, and attorneys for witnesses, in 12 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 13 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 14 they will not be permitted to keep any confidential information unless they sign the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 16 agreed by the Designating Party or ordered by the court. Pages of transcribed 17 deposition testimony or exhibits to depositions that reveal Protected Material may 18 be separately bound by the court reporter and may not be disclosed to anyone except 19 as permitted under this Stipulated Protective Order; and 20 (i) any mediator or settlement officer, and their supporting personnel, 21 mutually agreed upon by any of the parties engaged in settlement discussions. 22 7.2.1 Disclosure of “CONFIDENTIAL-ATTORNEYS EYES ONLY” 23 Information or Items. Unless otherwise ordered by the court or permitted in writing 24 by the Designating Party, a Receiving Party may disclose any information or item 25 designated “CONFIDENTIAL” only to: 26 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 27 well as employees of said Outside Counsel of Record to whom it is reasonably 1 necessary to disclose the information for this Action; 2 (b) Experts (as defined in this Order) of the Receiving Party to whom 3 disclosure is reasonably necessary for this Action and who have signed the 4 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 5 (c) the court and its personnel; 6 (d) court reporters and their staff; 7 (e) professional jury or trial consultants, mock jurors, and Professional 8 Vendors to whom disclosure is reasonably necessary for this Action and who have 9 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 (f) the author or recipient of a document containing the information or 11 a custodian or other person who otherwise possessed or knew the information; 12 (g) during their depositions, witnesses, and attorneys for witnesses, in 13 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 14 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 15 they will not be permitted to keep any confidential information unless they sign the 16 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 17 agreed by the Designating Party or ordered by the court. Pages of transcribed 18 deposition testimony or exhibits to depositions that reveal Protected Material may 19 be separately bound by the court reporter and may not be disclosed to anyone except 20 as permitted under this Stipulated Protective Order; and 21 (h) any mediator or settlement officer, and their supporting personnel, 22 mutually agreed upon by any of the parties engaged in settlement discussions. 23 24 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 25 IN OTHER LITIGATION 26 If a Party is served with a subpoena or a court order issued in other litigation 27 that compels disclosure of any information or items designated in this Action as 1 “CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS EYES ONLY,” that 2 Party must: 3 (a) promptly notify in writing the Designating Party. Such notification 4 shall include a copy of the subpoena or court order; 5 (b) promptly notify in writing the party who caused the subpoena or 6 order to issue in the other litigation that some or all of the material covered by the 7 subpoena or order is subject to this Protective Order. Such notification shall include 8 a copy of this Stipulated Protective Order; and 9 (c) cooperate with respect to all reasonable procedures sought to be 10 pursued by the Designating Party whose Protected Material may be affected. 11 If the Designating Party timely seeks a protective order, the Party served with 12 the subpoena or court order shall not produce any information designated in this 13 action as “CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS EYES ONLY” 14 before a determination by the court from which the subpoena or order issued, unless 15 the Party has obtained the Designating Party’s permission. The Designating Party 16 shall bear the burden and expense of seeking protection in that court of its 17 confidential material and nothing in these provisions should be construed as 18 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 19 directive from another court. 20 21 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 22 PRODUCED IN THIS LITIGATION 23 (a) The terms of this Order are applicable to information produced by a 24 Non-Party in this Action and designated as “CONFIDENTIAL" or 25 "CONFIDENTIAL-ATTORNEYS EYES ONLY.” Such information produced by 26 Non-Parties in connection with this litigation is protected by the remedies and relief 27 provided by this Order. Nothing in these provisions should be construed as 1 prohibiting a Non-Party from seeking additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to 3 produce a Non-Party’s confidential information in its possession, and the Party is 4 subject to an agreement with the Non-Party not to produce the Non-Party’s 5 confidential information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non- 7 Party that some or all of the information requested is subject to a confidentiality 8 agreement with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the 10 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 11 reasonably specific description of the information requested; and 12 (3) make the information requested available for inspection by 13 the Non-Party, if requested. 14 (c) If the Non-Party fails to seek a protective order from this court 15 within 14 days of receiving the notice and accompanying information, the Receiving 16 Party may produce the Non-Party’s confidential information responsive to the 17 discovery request. If the Non-Party timely seeks a protective order, the Receiving 18 Party shall not produce any information in its possession or control that is subject to 19 the confidentiality agreement with the Non-Party before a determination by the 20 court. Absent a court order to the contrary, the Non-Party shall bear the burden and 21 expense of seeking protection in this court of its Protected Material. 22 23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 27 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 1 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 2 persons to whom unauthorized disclosures were made of all the terms of this Order, 3 and (d) request such person or persons to execute the “Acknowledgment and 4 Agreement to Be Bound” that is attached hereto as Exhibit A. 5 6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 7 PROTECTED MATERIAL 8 When a Producing Party gives notice to Receiving Parties that certain 9 inadvertently produced material is subject to a claim of privilege or other protection, 10 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 11 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 12 procedure may be established in an e-discovery order that provides for production 13 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 14 (e), insofar as the parties reach an agreement on the effect of disclosure of a 15 communication or information covered by the attorney-client privilege or work 16 product protection, the parties may incorporate their agreement in the stipulated 17 protective order submitted to the court. 18 19 12. MISCELLANEOUS 20 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 21 person to seek its modification by the Court in the future. 22 12.2 Right to Assert Other Objections. By stipulating to the entry of this 23 Protective Order, no Party waives any right it otherwise would have to object to 24 disclosing or producing any information or item on any ground not addressed in this 25 Stipulated Protective Order. Similarly, no Party waives any right to object on any 26 ground to use in evidence of any of the material covered by this Protective Order. 27 12.3 Filing Protected Material. A Party that seeks to file under seal any 1 Protected Material must comply with Local Civil Rule 79-5. Protected Material 2 may only be filed under seal pursuant to a court order authorizing the sealing of the 3 specific Protected Material at issue. If a Party’s request to file Protected Material 4 under seal is denied by the court, then the Receiving Party may file the information 5 in the public record unless otherwise instructed by the court. 6 7 13. FINAL DISPOSITION 8 After the final disposition of this Action, as defined in paragraph 4, within 60 9 days of a written request by the Designating Party, each Receiving Party must return 10 all Protected Material to the Producing Party or destroy such material. As used in 11 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 12 summaries, and any other format reproducing or capturing any of the Protected 13 Material. Whether the Protected Material is returned or destroyed, the Receiving 14 Party must submit a written certification to the Producing Party (and, if not the same 15 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 16 (by category, where appropriate) all the Protected Material that was returned or 17 destroyed and (2) affirms that the Receiving Party has not retained any copies, 18 abstracts, compilations, summaries or any other format reproducing or capturing any 19 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 20 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 21 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 22 reports, attorney work product, and consultant and expert work product, even if such 23 materials contain Protected Material. Any such archival copies that contain or 24 constitute Protected Material remain subject to this Protective Order as set forth in 25 Section 4 (DURATION). 26 / / / 27 / / / 1)}14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures 3 || including, without limitation, contempt proceedings and/or monetary sanctions. 4 5 ||IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 || DATED: May 11, 2020 FULWIDER PATTON LLP 8 9 10 By: /s/ Gary M. Anderson Gary M. Anderson, Esq. 11 Attorneys for Plaintiff 12 B DATED: May 11, 2020 THE LAW OFFICE OF EDWARD HAASE 14 15 By: /s/ Edward Haase 16 Edward Haase, Esq. 17 Attorneys for Defendants 18

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

19 20

DATED: 5/12/2020

21 By Moe 23 HON. ALEXANDER F. MacKINNON 24 United States Magistrate Judge 25 26 27 28 17

STIPULATED PROTECTIVE ORDER

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 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 Central District of California 7 on [date] in the case of ___________ [insert formal name of the case and the 8 number and initials assigned to it by the court]. I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment 11 in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. I 14 further agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for enforcing the terms of this Stipulated Protective 16 Order, even if such enforcement proceedings occur after termination of this action. 17 I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 Printed name: _______________________________ 25 Signature: __________________________________ 26 27