ACD, LLC v. Umbra Cuscinetti, Inc. ( 2019 )

1 MATTHEW A. HODEL (SB# 93962) Email: mhodel@hodelwilks.com 2 ASHLEY E. MERLO (SB# 247997) Email: amerlo@hodelwilks.com 3 HODEL WILKS LLP 4 Park Plaza, Suite 640 4 Irvine, California 92614 Telephone: (949) 450-4470 5 PAUL R. TAYLOR (Pro Hac Vice) 6 Email: ptaylor@byrneskeller.com JOSHUA B. SELIG (Pro Hac Vice) 7 Email: jselig@byrneskeller.com BYRNES KELLER CROMWELL LLP 8 1000 Second Avenue, 38th Floor Seattle, Washington 98104 9 Telephone: (206) 622-2000 Facsimile: (206) 622-2522 10 Attorneys for Defendant and Counter-Claimant 11 UMBRA CUSCINETTI, INC. 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION 14 15 ACD, LLC, a California limited CASE NO. SACV19-00743 JVS (ADSx) 16 liability company, STIPULATED PROTECTIVE 17 Plaintiff, ORDER 18 vs. 19 UMBRA CUSCINETTI, INC., a Washington corporation, 20 Defendants. 21 22 UMBRA CUSCINETTI, INC., a Washington corporation, 23 Counter-Claimant, 24 vs. 25 ACD, LLC, a California limited 26 liability company, 27 Counter-Defendant. 28 STIPULATED PROTECTIVE ORDER 1 I. PURPOSES AND LIMITATIONS 2 A. Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation 5 may be warranted. Accordingly, the parties hereby stipulate to and petition 6 the Court to enter the following Stipulated Protective Order. The parties 7 acknowledge that this Order does not confer blanket protections on all 8 disclosures or responses to discovery and that the protection it affords from 9 public disclosure and use extends only to the limited information or items 10 that are entitled to confidential treatment under the applicable legal 11 principles. The parties further acknowledge, as set forth in Section XIII(C), 12 below, that this Stipulated Protective Order does not entitle them to file 13 confidential information under seal; Civil Local Rule 79-5 sets forth the 14 procedures that must be followed and the standards that will be applied when 15 a party seeks permission from the Court to file material under seal. 16 II. GOOD CAUSE STATEMENT 17 A. This action is likely to involve trade secrets, customer and pricing lists 18 and other valuable research, development, commercial, financial, technical 19 and/or proprietary information for which special protection from public 20 disclosure and from use for any purpose other than prosecution of this action 21 is warranted. Such confidential and proprietary materials and information 22 consist of, among other things, confidential business or financial information, 23 information regarding confidential business practices, or other confidential 24 research, development, or commercial information (including information 25 implicating privacy rights of third parties), information otherwise generally 26 unavailable to the public, or which may be privileged or otherwise protected 27 from disclosure under state or federal statutes, court rules, case decisions, or 28 common law. Accordingly, to expedite the flow of information, to facilitate 2 STIPULATED PROTECTIVE ORDER 1 the prompt resolution of disputes over confidentiality of discovery materials, 2 to adequately protect information the parties are entitled to keep confidential, 3 to ensure that the parties are permitted reasonable necessary uses of such 4 material in preparation for and in the conduct of trial, to address their 5 handling at the end of the litigation, and serve the ends of justice, a protective 6 order for such information is justified in this matter. It is the intent of the 7 parties that information will not be designated as confidential for tactical 8 reasons and that nothing be so designated without a good faith belief that it 9 has been maintained in a confidential, non-public manner, and there is good 10 cause why it should not be part of the public record of this case. 11 III. DEFINITIONS 12 A. Action: ACD, LLC v. Umbra Cuscinetti, Inc., U.S.D.C. C.D. Cal. Case 13 No. 8:19-cv-00743-JVS-ADS. 14 B. Challenging Party: A Party or Non-Party that challenges the 15 designation of information or items under this Order. 16 C. “CONFIDENTIAL” Information or Items: Information (regardless of 17 how it is generated, stored or maintained) or tangible things that qualify for 18 protection under Federal Rule of Civil Procedure 26(c), and as specified 19 above in the Good Cause Statement. 20 D. “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” 21 Information or Items: Extremely sensitive “Confidential Information or 22 Items” consisting of non-public, confidential company financial information, 23 disclosure of which to another Party or Non-Party would create a substantial 24 risk of harm to the Designating Party that could not be avoided by less 25 restrictive means. 26 E. Counsel: Outside Counsel of Record and House Counsel (as well as 27 their support staff). 28 3 STIPULATED PROTECTIVE ORDER 1 F. Designating Party: A Party or Non-Party that designates information 2 or items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ 4 EYES ONLY.” 5 G. Disclosure or Discovery Material: All items or information, regardless 6 of the medium or manner in which it is generated, stored, or maintained 7 (including, among other things, testimony, transcripts, and tangible things), 8 that are produced or generated in disclosures or responses to discovery in this 9 matter. 10 H. Expert: A person with specialized knowledge or experience in a 11 matter pertinent to the litigation who has been retained by a Party or its 12 counsel to serve as an expert witness or as a consultant in this Action. 13 I. House Counsel: Attorneys who are employees of a party to this 14 Action. House Counsel does not include Outside Counsel of Record or any 15 other outside counsel. 16 J. Non-Party: Any natural person, partnership, corporation, association, 17 or other legal entity not named as a Party to this action. 18 K. Outside Counsel of Record: Attorneys who are not employees of a 19 party to this Action but are retained to represent or advise a party to this 20 Action and have appeared in this Action on behalf of that party or are 21 affiliated with a law firm which has appeared on behalf of that party, and 22 includes support staff. 23 L. Party: Any party to this Action, including all of its officers, directors, 24 employees, consultants, retained experts, and Outside Counsel of Record 25 (and their support staffs). 26 M. Producing Party: A Party or Non-Party that produces Disclosure or 27 Discovery Material in this Action. 28 4 STIPULATED PROTECTIVE ORDER 1 N. Professional Vendors: Persons or entities that provide litigation 2 support services (e.g., photocopying, videotaping, translating, preparing 3 exhibits or demonstrations, and organizing, storing, or retrieving data in any 4 form or medium) and their employees and subcontractors. 5 O. Protected Material: Any Disclosure or Discovery Material that is 6 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL— 7 ATTORNEYS’ EYES ONLY.” 8 P. Receiving Party: A Party that receives Disclosure or Discovery 9 Material from a Producing Party. 10 IV. SCOPE 11 A. The protections conferred by this Stipulation and Order cover not only 12 Protected Material (as defined above), but also (1) any information copied or 13 extracted from Protected Material; (2) all copies, excerpts, summaries, or 14 compilations of Protected Material; and (3) any testimony, conversations, or 15 presentations by Parties or their Counsel that might reveal Protected 16 Material. 17 B. Any use of Protected Material at trial shall be governed by the orders 18 of the trial judge. This Order does not govern the use of Protected Material at 19 trial. 20 V. DURATION 21 A. Once a case proceeds to trial, all of the information that was 22 designated as confidential or maintained pursuant to this Protective Order 23 becomes public and will be presumptively available to all members of the 24 public, including the press, unless compelling reasons supported by specific 25 factual findings to proceed otherwise are made to the trial judge in advance 26 of the trial. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 27 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing 28 documents produced in discovery from “compelling reasons” standard when 5 STIPULATED PROTECTIVE ORDER 1 merits-related documents are part of court record). Accordingly, the terms of 2 this Protective Order do not extend beyond the commencement of the trial. 3 VI. DESIGNATING PROTECTED MATERIAL 4 A. Exercise of Restraint and Care in Designating Material for Protection 5 1. Each Party or Non-Party that designates information or items for 6 protection under this Order must take care to limit any such 7 designation to specific material that qualifies under the appropriate 8 standards. The Designating Party must designate for protection only 9 those parts of material, documents, items, or oral or written 10 communications that qualify so that other portions of the material, 11 documents, items, or communications for which protection is not 12 warranted are not swept unjustifiably within the ambit of this Order. 13 2. Mass, indiscriminate, or routinized designations are prohibited. 14 Designations that are shown to be clearly unjustified or that have been 15 made for an improper purpose (e.g., to unnecessarily encumber the 16 case development process or to impose unnecessary expenses and 17 burdens on other parties) may expose the Designating Party to 18 sanctions. 19 3. If it comes to a Designating Party’s attention that information or 20 items that it designated for protection do not qualify for protection, 21 that Designating Party must promptly notify all other Parties that it is 22 withdrawing the inapplicable designation. 23 B. Manner and Timing of Designations 24 1. Except as otherwise provided in this Order (see, e.g., Section 25 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or 26 Discovery Material that qualifies for protection under this Order must 27 be clearly so designated before the material is disclosed or produced. 28 6 STIPULATED PROTECTIVE ORDER 1 2. Designation in conformity with this Order requires the 2 following: 3 a. For information in documentary form (e.g., paper or 4 electronic documents, but excluding transcripts of depositions or 5 other pretrial or trial proceedings), that the Producing Party affix 6 at a minimum, the legend “CONFIDENTIAL” or “HIGHLY 7 CONFIDENTIAL—ATTORNEYS’ EYES ONLY” (hereinafter 8 “CONFIDENTIAL legend”), to each page that contains 9 protected material. If only a portion or portions of the material 10 on a page qualifies for protection, the Producing Party also must 11 clearly identify the protected portion(s) (e.g., by making 12 appropriate markings in the margins). 13 b. A Party or Non-Party that makes original documents 14 available for inspection need not designate them for protection 15 until after the inspecting Party has indicated which documents it 16 would like copied and produced. During the inspection and 17 before the designation, all of the material made available for 18 inspection shall be deemed “CONFIDENTIAL.” After the 19 inspecting Party has identified the documents it wants copied 20 and produced, the Producing Party must determine which 21 documents, or portions thereof, qualify for protection under this 22 Order. Then, before producing the specified documents, the 23 Producing Party must affix the “CONFIDENTIAL legend” to 24 each page that contains Protected Material. If only a portion or 25 portions of the material on a page qualifies for protection, the 26 Producing Party also must clearly identify the protected 27 portion(s) (e.g., by making appropriate markings in the 28 margins). 7 STIPULATED PROTECTIVE ORDER 1 c. For testimony given in depositions, that the Designating 2 Party identify the Disclosure or Discovery Material on the 3 record, before the close of the deposition all protected 4 testimony. 5 d. For information produced in form other than document 6 and for any other tangible items, that the Producing Party affix 7 in a prominent place on the exterior of the container or 8 containers in which the information is stored the legend 9 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL— 10 ATTORNEYS’ EYES ONLY.” If only a portion or portions of 11 the information warrants protection, the Producing Party, to the 12 extent practicable, shall identify the protected portion(s). 13 C. Inadvertent Failure to Designate 14 1. If timely corrected, an inadvertent failure to designate qualified 15 information or items does not, standing alone, waive the Designating 16 Party’s right to secure protection under this Order for such material. 17 Upon timely correction of a designation, the Receiving Party must 18 make reasonable efforts to assure that the material is treated in 19 accordance with the provisions of this Order. 20 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 A. Timing of Challenges 22 1. Any party or Non-Party may challenge a designation of 23 confidentiality at any time that is consistent with the Court’s 24 Scheduling Order. 25 B. Meet and Confer 26 1. The Challenging Party shall initiate the dispute resolution 27 process under Local Rule 37.1 et seq. 28 C. The burden of persuasion in any such challenge proceeding shall be on 8 STIPULATED PROTECTIVE ORDER 1 the Designating Party. Frivolous challenges, and those made for an improper 2 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 3 parties) may expose the Challenging Party to sanctions. Unless the 4 Designating Party has waived or withdrawn the confidentiality designation, 5 all parties shall continue to afford the material in question the level of 6 protection to which it is entitled under the Producing Party’s designation 7 until the Court rules on the challenge. 8 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 9 A. Basic Principles 10 1. A Receiving Party may use Protected Material that is disclosed 11 or produced by another Party or by a Non-Party in connection with this 12 Action only for prosecuting, defending, or attempting to settle this 13 Action. Such Protected Material may be disclosed only to the 14 categories of persons and under the conditions described in this Order. 15 When the Action has been terminated, a Receiving Party must comply 16 with the provisions of Section XIV below. 17 2. Protected Material must be stored and maintained by a 18 Receiving Party at a location and in a secure manner that ensures that 19 access is limited to the persons authorized under this Order. 20 B. Disclosure of “CONFIDENTIAL” Information or Items 21 1. Unless otherwise ordered by the Court or permitted in writing 22 by the Designating Party, a Receiving Party may disclose any 23 information or item designated “CONFIDENTIAL” only to: 24 a. The Receiving Party’s Outside Counsel of Record in this 25 Action, as well as employees of said Outside Counsel of Record 26 to whom it is reasonably necessary to disclose the information 27 for this Action; 28 b. The officers, directors, and employees (including House 9 STIPULATED PROTECTIVE ORDER 1 Counsel) of the Receiving Party to whom disclosure is 2 reasonably necessary for this Action; 3 c. Experts (as defined in this Order) of the Receiving Party 4 to whom disclosure is reasonably necessary for this Action and 5 who have signed the “Acknowledgment and Agreement to Be 6 Bound” (Exhibit A); 7 d. The Court and its personnel; 8 e. Court reporters and their staff; 9 f. Professional jury or trial consultants, mock jurors, and 10 Professional Vendors to whom disclosure is reasonably 11 necessary or this Action and who have signed the 12 “Acknowledgment and Agreement to be Bound” attached as 13 Exhibit A hereto; 14 g. The author or recipient of a document containing the 15 information or a custodian or other person who otherwise 16 possessed or knew the information; 17 h. During their depositions, witnesses, and attorneys for 18 witnesses, in the Action to whom disclosure is reasonably 19 necessary provided: (i) the deposing party requests that the 20 witness sign the “Acknowledgment and Agreement to Be 21 Bound;” and (ii) they will not be permitted to keep any 22 confidential information unless they sign the “Acknowledgment 23 and Agreement to Be Bound,” unless otherwise agreed by the 24 Designating Party or ordered by the Court. Pages of transcribed 25 deposition testimony or exhibits to depositions that reveal 26 Protected Material may be separately bound by the court 27 reporter and may not be disclosed to anyone except as permitted 28 under this Stipulated Protective Order; and 10 STIPULATED PROTECTIVE ORDER 1 i. Any mediator or settlement officer, and their supporting 2 personnel, mutually agreed upon by any of the parties engaged 3 in settlement discussions. 4 C. Disclosure of “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES 5 ONLY” Information or Items. 6 1. Unless otherwise ordered by the court or permitted in writing by 7 the Designating Party, a Receiving Party may disclose any information 8 or item designated “HIGHLY CONFIDENTIAL—ATTORNEYS’ 9 EYES ONLY” only to: 10 a. The Receiving Party’s Outside Counsel of Record in this 11 Action, as well as employees of said Outside Counsel of Record 12 to whom it is reasonably necessary to disclose the information 13 for this Action; 14 b. Experts (as defined in this Order) of the Receiving Party 15 to whom disclosure is reasonably necessary for this Action and 16 who have signed the “Acknowledgment and Agreement to Be 17 Bound” (Exhibit A); 18 c. The court and its personnel; 19 d. Court reporters and their staff; 20 e. Professional jury consultants, mock jurors, and 21 Professional Vendors to whom disclosure is reasonably 22 necessary for this Action and who have signed the 23 “Acknowledgment and Agreement to be Bound” (Exhibit A); 24 f. The author or recipient of a document containing the 25 information or a custodian or other person who otherwise 26 possessed or knew the information; 27 g. During their depositions, witnesses, and attorneys for 28 witnesses, in the Action to whom disclosure is reasonably 11 STIPULATED PROTECTIVE ORDER 1 necessary provided: (i) the deposing party requests that the 2 witness sign the “Acknowledgment and Agreement to Be 3 Bound;” and (ii) they will not be permitted to keep any 4 confidential information unless they sign the “Acknowledgment 5 and Agreement to Be Bound,” unless otherwise agreed by the 6 Designating Party or ordered by the Court. Pages of transcribed 7 deposition testimony or exhibits to depositions that reveal 8 Protected Material may be separately bound by the court 9 reporter and may not be disclosed to anyone except as permitted 10 under this Stipulated Protective Order; and 11 h. Any mediator or settlement officer, and their supporting 12 personnel, mutually agreed upon by any of the parties engaged 13 in settlement discussions. 14 IX. PROTECTED MATERIAL SUPOENAED OR ORDERED 15 PRODUCED IN OTHER LITIGATION 16 A. If a Party is served with a subpoena or a court order issued in other 17 litigation that compels disclosure of any information or items designated in 18 this Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL— 19 ATTORNEYS’ EYES ONLY,” that Party must: 20 1. Promptly notify in writing the Designating Party. Such 21 notification shall include a copy of the subpoena or court order; 22 2. Promptly notify in writing the party who caused the subpoena or 23 order to issue in the other litigation that some or all of the material 24 covered by the subpoena or order is subject to this Protective Order. 25 Such notification shall include a copy of this Stipulated Protective 26 Order; and 27 28 12 STIPULATED PROTECTIVE ORDER 1 3. Cooperate with respect to all reasonable procedures sought to be 2 pursued by the Designating Party whose Protected Material may be 3 affected. 4 B. If the Designating Party timely seeks a protective order, the Party 5 served with the subpoena or court order shall not produce any information 6 designated in this action as “CONFIDENTIAL” or “HIGHLY 7 CONFIDENTIAL—ATTORNEYS’ EYES ONLY” before a determination 8 by the Court from which the subpoena or order issued, unless the Party has 9 obtained the Designating Party’s permission. The Designating Party shall 10 bear the burden and expense of seeking protection in that court of its 11 confidential material and nothing in these provisions should be construed as 12 authorizing or encouraging a Receiving Party in this Action to disobey a 13 lawful directive from another court. 14 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 15 PRODUCED IN THIS LITIGATION 16 A. The terms of this Order are applicable to information produced by a 17 Non-Party in this Action and designated as “CONFIDENTIAL” or 18 “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” Such 19 information produced by Non-Parties in connection with this litigation is 20 protected by the remedies and relief provided by this Order. Nothing in these 21 provisions should be construed as prohibiting a Non-Party from seeking 22 additional protections. 23 B. In the event that a Party is required, by a valid discovery request, to 24 produce a Non-Party’s confidential information in its possession, and the 25 Party is subject to an agreement with the Non-Party not to produce the Non- 26 Party’s confidential information, then the Party shall: 27 1. Promptly notify in writing the Requesting Party and the Non- 28 Party that some or all of the information requested is subject to a 13 STIPULATED PROTECTIVE ORDER 1 confidentiality agreement with a Non-Party; 2 2. Promptly provide the Non-Party with a copy of the Stipulated 3 Protective Order in this Action, the relevant discovery request(s), and a 4 reasonably specific description of the information requested; and 5 3. Make the information requested available for inspection by the 6 Non-Party, if requested. 7 C. If the Non-Party fails to seek a protective order from this court within 8 14 days of receiving the notice and accompanying information, the Receiving 9 Party may produce the Non-Party’s confidential information responsive to 10 the discovery request. If the Non-Party timely seeks a protective order, the 11 Receiving Party shall not produce any information in its possession or 12 control that is subject to the confidentiality agreement with the Non-Party 13 before a determination by the court. Absent a court order to the contrary, the 14 Non-Party shall bear the burden and expense of seeking protection in this 15 court of its Protected Material. 16 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 17 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 18 disclosed Protected Material to any person or in any circumstance not 19 authorized under this Stipulated Protective Order, the Receiving Party must 20 immediately (1) notify in writing the Designating Party of the unauthorized 21 disclosures, (2) use its best efforts to retrieve all unauthorized copies of the 22 Protected Material, (3) inform the person or persons to whom unauthorized 23 disclosures were made of all the terms of this Order, and (4) request such 24 person or persons to execute the “Acknowledgment and Agreement to be 25 Bound” that is attached hereto as Exhibit A. 26 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 27 PROTECTED MATERIAL 28 A. When a Producing Party gives notice to Receiving Parties that certain 14 STIPULATED PROTECTIVE ORDER 1 inadvertently produced material is subject to a claim of privilege or other 2 protection, the obligations of the Receiving Parties are those set forth in 3 Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended 4 to modify whatever procedure may be established in an e-discovery order 5 that provides for production without prior privilege review. Pursuant to 6 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an 7 agreement on the effect of disclosure of a communication or information 8 covered by the attorney-client privilege or work product protection, the 9 parties may incorporate their agreement in the Stipulated Protective Order 10 submitted to the Court. 11 XIII. MISCELLANEOUS 12 A. Right to Further Relief 13 1. Nothing in this Order abridges the right of any person to seek its 14 modification by the Court in the future. 15 B. Right to Assert Other Objections 16 1. By stipulating to the entry of this Protective Order, no Party 17 waives any right it otherwise would have to object to disclosing or 18 producing any information or item on any ground not addressed in this 19 Stipulated Protective Order. Similarly, no Party waives any right to 20 object on any ground to use in evidence of any of the material covered 21 by this Protective Order. 22 C. Filing Protected Material 23 1. A Party that seeks to file under seal any Protected Material must 24 comply with Civil Local Rule 79-5. Protected Material may only be 25 filed under seal pursuant to a court order authorizing the sealing of the 26 specific Protected Material at issue. If a Party's request to file 27 Protected Material under seal is denied by the Court, then the 28 15 STIPULATED PROTECTIVE ORDER 1 Receiving Party may file the information in the public record unless 2 otherwise instructed by the Court. 3 XIV. FINAL DISPOSITION 4 A. After the final disposition of this Action, as defined in Section V, 5 within sixty (60) days of a written request by the Designating Party, each 6 Receiving Party must return all Protected Material to the Producing Party or 7 destroy such material. As used in this subdivision, “all Protected Material” 8 includes all copies, abstracts, compilations, summaries, and any other format 9 reproducing or capturing any of the Protected Material. Whether the 10 Protected Material is returned or destroyed, the Receiving Party must submit 11 a written certification to the Producing Party (and, if not the same person or 12 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 13 category, where appropriate) all the Protected Material that was returned or 14 destroyed and (2) affirms that the Receiving Party has not retained any 15 copies, abstracts, compilations, summaries or any other format reproducing 16 or capturing any of the Protected Material. Notwithstanding this provision, 17 Counsel are entitled to retain an archival copy of all pleadings, motion 18 papers, trial, deposition, and hearing transcripts, legal memoranda, 19 correspondence, deposition and trial exhibits, expert reports, attorney work 20 product, and consultant and expert work product, even if such materials 21 contain Protected Material. Any such archival copies that contain or 22 constitute Protected Material remain subject to this Protective Order as set 23 forth in Section V. 24 B. Any violation of this Order may be punished by any and all 25 appropriate measures including, without limitation, contempt proceedings 26 and/or monetary sanctions. 27 28 16 STIPULATED PROTECTIVE ORDER 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 I, Ashley E. Merlo, certify that counsel for all parties, identified below, have 4 informed that the content of this document is acceptable. 5 DATED: August 8, 2019 HODEL WILKS LLP 6 By: /s/ ASHLEY E. MERLO 7 ASHLEY E. MERLO Attorneys for Defendant and Counter-Claimant 8 UMBRA CUSCINETTI, INC. 9 DATED: August 8, 2019 BYRNES KELLER CROMWELL LLP 10 By: /s/ JOSHUA B. SELIG 11 JOSHUA B. SELIG Attorneys for Defendant and Counter-Claimant 12 UMBRA CUSCINETTI, INC. 13 DATED: August 8, 2019 BURKHALTER KESSLER 14 CLEMENT & GEORGE LLP 15 By: /s/ ANDREW M. CUMMINGS ANDREW M. CUMMINGS 16 Attorneys for Plaintiff and Counter-Defendant ACD, LLC 17 18 19 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 21 22 Dated: August 13, 2019 /s/ Autumn D. Spaeth 23 HONORABLE AUTUMN D. SPAETH 24 United States Magistrate Judge 25 26 27 28 17 STIPULATED PROTECTIVE ORDER 1 2 EXHIBIT A 3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 5 I, [print or type full name], of 6 [print or type full address], declare under penalty of perjury that I 7 have read in its entirety and understand the Stipulated Protective Order that was 8 issue by the United States District Court for the Central District of California on 9 August ___, 2019 in the case of ACD, LLC v. Umbra Cuscinetti, Inc., U.S.D.C. 10 C.D. Cal. Case No. 8:19-cv-00743-JVS-ADS. I agree to comply with and to be 11 bound by all the terms of this Stipulated Protective Order and I understand and 12 acknowledge that failure to so comply could expose me to sanctions and 13 punishment in the nature of contempt. I solemnly promise that I will not disclose in 14 any manner any information or item that is subject to this Stipulated Protective 15 Order to any person or entity except in strict compliance with the provisions of this 16 Order. 17 I further agree to submit to the jurisdiction of the United States District Court 18 for the Central District of California for the purpose of enforcing the terms of this 19 Stipulated Protective Order, even if such enforcement proceedings occur after 20 termination of this action. I hereby appoint [print or 21 type full name] of [print or type full address and 22 telephone number] as my California agent for service of process in connection with 23 this action or any proceedings related to enforcement of this Stipulated Protective 24 Order. 25 Date: 26 City and State where sworn and signed: 27 Printed Name: 28 Signature: 18 STIPULATED PROTECTIVE ORDER