Nestle USA, Inc. v. Wells International Marketing Group, Inc. ( 2019 )

1 MAYER BROWN LLP DALE GIALI (SBN 150382) 2 dgiali@mayerbrown.com DANIEL QUEEN (SBN 292275) 3 dqueen@mayerbrown.com 350 South Grand Avenue 4 Los Angeles, California 90071 Telephone: (213) 229-9500 5 Facsimile: (213) 625-0248 6 ADAM HUDES ahudes@mayerbrown.com 7 STEPHEN COHEN scohen@mayerbrown.com 8 1999 K Street, N.W. Washington, D.C. 20006 9 Telephone: (202) 263-3000 Facsimile: (202) 263-3300 10 Attorneys for Plaintiff NESTLÉ USA, INC. 11 12 REID E. DAMMANN (SBN 249031) JULIANA C. FERRAZ (SBN 293851) 13 GORDON REES SCULLY MANSUKHANI, LLP 633 West Fifth Street, 52nd Floor 14 Los Angeles, CA 90071 Telephone: (213) 576-6065 15 Facsimile: (213) 680-4470 16 Attorneys for Defendant WELLS INTERNATIONAL 17 MARKETING GROUP, INC. 18 UNITED STATES DISTRICT COURT 19 CENTRAL DISTRICT OF CALIFORNIA 20 21 Case No. 2:19-cv-4607 22 NESTLÉ USA, INC., STIPULATED PROTECTIVE 23 Plaintiff, ORDER 24 v. 25 WELLS INTERNATIONAL 26 MARKETING GROUP, INC. and DOES 1-10, 27 Defendants. 28 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 1. A. PURPOSES AND LIMITATIONS 2 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 may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, customer and pricing lists and 13 other valuable research, development, commercial, financial, technical and/or 14 proprietary information for which special protection from public disclosure and from 15 use for any purpose other than prosecution of this action is warranted. Such 16 confidential and proprietary materials and information consist of, among other 17 things, confidential business or financial information, information regarding 18 confidential business practices, or other confidential research, development, or 19 commercial information (including information implicating privacy rights of third 20 parties), information otherwise generally unavailable to the public, or which may be 21 privileged or otherwise protected from disclosure under state or federal statutes, 22 court rules, case decisions, or common law. Accordingly, to expedite the flow of 23 information, to facilitate the prompt resolution of disputes over confidentiality of 24 discovery materials, to adequately protect information the parties are entitled to keep 25 confidential, to ensure that the parties are permitted reasonable necessary uses of 26 such material in preparation for and in the conduct of trial, to address their handling 27 at the end of the litigation, and serve the ends of justice, a protective order for such 28 information is justified in this matter. It is the intent of the parties that information 2 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 will not be designated as confidential for tactical reasons and that nothing be so 2 designated without a good faith belief that it has been maintained in a confidential, 3 non-public manner, and there is good cause why it should not be part of the public 4 record of this case. 5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 6 SEAL 7 The parties further acknowledge, as set forth in Section 12.3, below, that this 8 Stipulated Protective Order does not entitle them to file confidential information 9 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 10 and the standards that will be applied when a party seeks permission from the court 11 to file material under seal. 12 There is a strong presumption that the public has a right of access to judicial 13 proceedings and records in civil cases. In connection with non-dispositive motions, 14 good cause must be shown to support a filing under seal. See Kamakana v. City and 15 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 16 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 17 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 18 good cause showing), and a specific showing of good cause or compelling reasons 19 with proper evidentiary support and legal justification, must be made with respect to 20 Protected Material that a party seeks to file under seal. The parties’ mere designation 21 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 22 submission of competent evidence by declaration, establishing that the material 23 sought to be filed under seal qualifies as confidential, privileged, or otherwise 24 protectable—constitute good cause. 25 Further, if a party requests sealing related to a dispositive motion or trial, then 26 compelling reasons, not only good cause, for the sealing must be shown, and the 27 relief sought shall be narrowly tailored to serve the specific interest to be protected. 28 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For 3 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 each item or type of information, document, or thing sought to be filed or introduced 2 under seal in connection with a dispositive motion or trial, the party seeking 3 protection must articulate compelling reasons, supported by specific facts and legal 4 justification, for the requested sealing order. Again, competent evidence supporting 5 the application to file documents under seal must be provided by declaration. 6 Any document that is not confidential, privileged, or otherwise protectable in 7 its entirety will not be filed under seal if the confidential portions can be redacted. 8 If documents can be redacted, then a redacted version for public viewing, omitting 9 only the confidential, privileged, or otherwise protectable portions of the document, 10 shall be filed. Any application that seeks to file documents under seal in their 11 entirety should include an explanation of why redaction is not feasible. 12 2. DEFINITIONS 13 2.1 Action: the lawsuit captioned Nestlé USA, Inc. v. Wells International 14 Marketing Group, Inc. and Does 1-10, filed in the United States District Court for 15 the Central District of California, Case No. 2:19-cv-4607. 16 2.2 Challenging Party: a Party or Non-Party that challenges the designation 17 of information or items under this Order. 18 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 19 how it is generated, stored or maintained) or tangible things that qualify for 20 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 21 the Good Cause Statement. 22 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 23 their support staff). 24 2.5 Designating Party: a Party or Non-Party that designates information or 25 items that it produces in disclosures or in responses to discovery as 26 “CONFIDENTIAL.” 27 2.6 Disclosure or Discovery Material: all items or information, regardless 28 of the medium or manner in which it is generated, stored, or maintained (including, 4 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 among other things, testimony, transcripts, and tangible things), that are produced or 2 generated in disclosures or responses to discovery in this matter. 3 2.7 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as 5 an expert witness or as a consultant in this Action. 6 2.8 House Counsel: attorneys who are employees of a party to this Action. 7 House Counsel does not include Outside Counsel of Record or any other outside 8 counsel. 9 2.9 Non-Party: any natural person, partnership, corporation, association or 10 other legal entity not named as a Party to this action. 11 2.10 Outside Counsel of Record: attorneys who are not employees of a party 12 to this Action but are retained to represent or advise a party to this Action and have 13 appeared in this Action on behalf of that party or are affiliated with a law firm that 14 has appeared on behalf of that party, and includes support staff. 15 2.11 Party: any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 2.13 Professional Vendors: persons or entities that provide litigation support 21 services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 2.14 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL.” 26 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 27 from a Producing Party. 28 3. SCOPE 5 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 The protections conferred by this Stipulation and Order cover not only 2 Protected Material (as defined above), but also (1) any information copied or 3 extracted from Protected Material; (2) all copies, excerpts, summaries, or 4 compilations of Protected Material; and (3) any testimony, conversations, or 5 presentations by Parties or their Counsel that might reveal Protected Material. 6 Any use of Protected Material at trial shall be governed by the orders of the 7 trial judge. This Order does not govern the use of Protected Material at trial. 8 4. DURATION 9 Once a case proceeds to trial, information that was designated as 10 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 11 as an exhibit at trial becomes public and will be presumptively available to all 12 members of the public, including the press, unless compelling reasons supported by 13 specific factual findings to proceed otherwise are made to the trial judge in advance 14 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 15 showing for sealing documents produced in discovery from “compelling reasons” 16 standard when merits-related documents are part of court record). 17 With respect to any information not used or introduced as an exhibit at trial, 18 the confidentiality obligations imposed by this Order shall remain in effect, 19 including after the Final Disposition of this action, until a Designating Party agrees 20 otherwise in writing or a court order otherwise directs. The “Final Disposition” of 21 this Action shall be deemed to be the later of (1) dismissal of all claims and defenses 22 in this Action, with or without prejudice; and (2) final judgment herein after the 23 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of 24 this Action, including the time limits for filing any motions or applications for 25 extension of time pursuant to applicable law. 26 5. DESIGNATING PROTECTED MATERIAL 27 5.1 Exercise of Restraint and Care in Designating Material for Protection. 28 Each Party or Non-Party that designates information or items for protection under 6 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 this Order must take care to limit any such designation to specific material that 2 qualifies under the appropriate standards. The Designating Party must designate for 3 protection only those parts of material, documents, items or oral or written 4 communications that qualify so that other portions of the material, documents, items 5 or communications for which protection is not warranted are not swept unjustifiably 6 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 impose 10 unnecessary expenses and burdens on other parties) may expose the Designating 11 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 5.2 Manner and Timing of Designations. Except as otherwise provided in 16 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 17 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 18 under this Order must be clearly so designated before the material is disclosed or 19 produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic 22 documents, but excluding transcripts of depositions or other pretrial or trial 23 proceedings), that the Producing Party affix at a minimum, the legend 24 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 25 contains protected material. If only a portion of the material on a page qualifies for 26 protection, the Producing Party also must clearly identify the protected portion(s) 27 (e.g., by making appropriate markings in the margins). 28 7 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 A Party or Non-Party that makes original documents available for inspection 2 need not designate them for protection until after the inspecting Party has indicated 3 which documents it would like copied and produced. During the inspection and 4 before the designation, all of the material made available for inspection shall be 5 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 6 documents it wants copied and produced, the Producing Party must determine which 7 documents, or portions thereof, qualify for protection under this Order. Then, before 8 producing the specified documents, the Producing Party must affix the 9 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 10 portion of the material on a page qualifies for protection, the Producing Party also 11 must clearly identify the protected portion(s) (e.g., by making appropriate markings 12 in the margins). 13 (b) for testimony given in depositions, that before the close of the 14 deposition the Designating Party either: 15 Identify the Disclosure or Discovery Material on the record, or 16 (1) Notify the Receiving Party that the testimony shall be deemed 17 “CONFIDENTIAL” from the time of deposition until fourteen (14) calendar days 18 after receipt of the final transcript. Thereafter, pages of the entire transcript of 19 testimony may be designated as containing “CONFIDENTIAL” information by 20 written notification within fourteen (14) calendar days after receipt of the final 21 transcript, and such designation shall apply subsequent to the fourteen (14) day 22 period after receipt of the final transcript. Arrangements shall be made with the court 23 reporter taking and transcribing the deposition to separately bind such portions of 24 the transcript containing information designated as “CONFIDENTIAL,” and to label 25 such portions appropriately. 26 (c) for information produced in some form other than documentary and for 27 any other tangible items, that the Producing Party affix in a prominent place on the 28 exterior of the container or containers in which the information is stored the legend 8 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 “CONFIDENTIAL.” If only a portion or portions of the information warrants 2 protection, the Producing Party, to the extent practicable, shall identify the protected 3 portion(s). 4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 5 failure to designate qualified information or items does not, standing alone, waive 6 the Designating Party’s right to secure protection under this Order for such material. 7 Upon timely correction of a designation, the Receiving Party must make reasonable 8 efforts to assure that the material is treated in accordance with the provisions of this 9 Order. 10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 12 designation of confidentiality at any time that is consistent with the Court’s 13 Scheduling Order. 14 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 15 resolution process under Local Rule 37-1 et seq. 16 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 17 joint stipulation pursuant to Local Rule 37-2. 18 6.4 The burden of persuasion in any such challenge proceeding shall be on 19 the Designating Party. Frivolous challenges, and those made for an improper 20 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 21 parties) may expose the Challenging Party to sanctions. Unless the Designating 22 Party has waived or withdrawn the confidentiality designation, all parties shall 23 continue to afford the material in question the level of protection to which it is 24 entitled under the Producing Party’s designation until the Court rules on the 25 challenge. 26 7. ACCESS TO AND USE OF PROTECTED MATERIAL 27 7.1 Basic Principles. A Receiving Party may use Protected Material that is 28 disclosed or produced by another Party or by a Non-Party in connection with this 9 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 Action only for prosecuting, defending or attempting to settle this Action. Such 2 Protected Material may be disclosed only to the categories of persons and under the 3 conditions described in this Order. When the Action has been terminated, a 4 Receiving Party must comply with the provisions of section 13 below (FINAL 5 DISPOSITION). 6 Protected Material must be stored and maintained by a Receiving Party at a 7 location and in a secure manner that ensures that access is limited to the persons 8 authorized under this Order. 9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 10 otherwise ordered by the court or permitted in writing by the Designating Party, a 11 Receiving Party may disclose any information or item designated 12 “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 14 as employees of said Outside Counsel of Record to whom it is reasonably necessary 15 to disclose the information for this Action; 16 (b) the officers, directors, and employees (including House Counsel) of the 17 Receiving Party to whom disclosure is reasonably necessary for this Action; 18 (c) Experts (as defined in this Order) of the Receiving Party to whom 19 disclosure is reasonably necessary for this Action and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (d) the court and its personnel; 22 (e) court reporters and their staff; 23 (f) professional jury or trial consultants, mock jurors, and Professional 24 Vendors to whom disclosure is reasonably necessary for this Action and who have 25 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (g) the author or recipient of a document containing the information or a 27 custodian or other person who otherwise possessed or knew the information; 28 10 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 (h) during their depositions, witnesses, and attorneys for witnesses, in the 2 Action to whom disclosure is reasonably necessary, provided: (1) the deposing party 3 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 4 will not be permitted to keep any confidential information unless they sign the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 6 agreed by the Designating Party or ordered by the court. Pages of transcribed 7 deposition testimony or exhibits to depositions that reveal Protected Material may 8 be separately bound by the court reporter and may not be disclosed to anyone except 9 as permitted under this Stipulated Protective Order; and 10 (i) any mediator or settlement officer, and their supporting personnel, 11 mutually agreed upon by any of the parties engaged in settlement discussions. 12 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 13 IN OTHER LITIGATION 14 If a Party is served with a subpoena or a court order issued in other litigation 15 that compels disclosure of any information or items designated in this Action as 16 “CONFIDENTIAL,” that Party must: 17 (a) promptly notify in writing the Designating Party. Such notification 18 shall include a copy of the subpoena or court order; 19 (b) promptly notify in writing the party who caused the subpoena or order 20 to issue in the other litigation that some or all of the material covered by the subpoena 21 or order is subject to this Protective Order. Such notification shall include a copy of 22 this Stipulated Protective Order; and 23 (c) cooperate with respect to all reasonable procedures sought to be 24 pursued by the Designating Party whose Protected Material may be affected. 25 If the Designating Party timely seeks a protective order, the Party served with 26 the subpoena or court order shall not produce any information designated in this 27 action as “CONFIDENTIAL” before a determination by the court from which the 28 subpoena or order issued, unless the Party has obtained the Designating Party’s 11 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 permission. The Designating Party shall bear the burden and expense of seeking 2 protection in that court of its confidential material and nothing in these provisions 3 should be construed as authorizing or encouraging a Receiving Party in this Action 4 to disobey a lawful directive from another court. 5 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 6 PRODUCED IN THIS LITIGATION 7 (a) The terms of this Order are applicable to information produced by a 8 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 9 produced by Non-Parties in connection with this litigation is protected by the 10 remedies and relief provided by this Order. Nothing in these provisions should be 11 construed as prohibiting a Non-Party from seeking additional protections. 12 (b) In the event that a Party is required, by a valid discovery request, to 13 produce a Non-Party’s confidential information in its possession, and the Party is 14 subject to an agreement with the Non-Party not to produce the Non-Party’s 15 confidential information, then the Party shall: 16 promptly notify in writing the Requesting Party and the Non-Party that some or all 17 of the information requested is subject to a confidentiality agreement with a Non- 18 Party; 19 promptly provide the Non-Party with a copy of the Stipulated Protective Order in 20 this Action, the relevant discovery request(s), and a reasonably specific description 21 of the information requested; and 22 make the information requested available for inspection by the Non-Party, if 23 requested. 24 (c) If the Non-Party fails to seek a protective order from this court within 25 14 days of receiving the notice and accompanying information, the Receiving Party 26 may produce the Non-Party’s confidential information responsive to the discovery 27 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 28 not produce any information in its possession or control that is subject to the 12 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 confidentiality agreement with the Non-Party before a determination by the court. 2 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 3 of seeking protection in this court of its Protected Material. 4 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 6 Protected Material to any person or in any circumstance not authorized under this 7 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 8 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 9 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 10 or persons to whom unauthorized disclosures were made of all the terms of this 11 Order, and (d) request such person or persons to execute the “Acknowledgment and 12 Agreement to Be Bound” that is attached hereto as Exhibit A. 13 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 14 PROTECTED MATERIAL 15 The inadvertent production of any Disclosure or Discovery Material in this 16 Action will be without prejudice to any claim that the material is privileged or 17 protected from disclosure under the attorney-client privilege, the attorney work 18 product doctrine, or any other applicable privilege or protection (“Privileged 19 Material”), and the protections under this Paragraph shall be interpreted to provide 20 the maximum protection allowed by Federal Rule of Evidence 502(d). 21 (a) If a Producing Party believes that Privileged Material was inadvertently 22 produced, the Producing Party may notify any party that received the Privileged 23 Material of the claim of privilege and the basis for the material being privileged. 24 After receipt of this written notice from the Producing Party, the Receiving Party 25 must promptly return or take commercially reasonable efforts to sequester or destroy 26 the Privileged Material and any copies in its possession, custody or control, and take 27 reasonable steps to retrieve the information if the party disclosed it before being 28 notified. Each Receiving Party shall make no further use of the Privileged Material 13 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 other than potentially to challenge the assertions of privilege under Fed. R. Civ. P. 2 26(b)(5)(B). 3 (b) The Receiving Party must notify the Producing Party in writing within 4 fifteen (15) calendar days of receiving written notice pursuant to Paragraph 11 5 whether it objects to the designation of the material as privileged or protected, or the 6 Privileged Material in question shall be deemed privileged or protected. Within ten 7 (10) calendar days of the receipt of an objection, the Receiving Party and the 8 Producing Party must meet and confer in an effort to resolve any disagreement 9 regarding the Producing Party’s designation of the material as privileged or 10 protected. If the parties cannot resolve their disagreement, any challenge to the 11 designation of the material as privileged or protected submitted to the Court shall be 12 via a joint stipulation pursuant to Local Rule 37-2. While any application to the 13 Court of this kind is pending, the Privileged Material subject to that application must 14 be treated by the Receiving Party as privileged or protected until the Court rules. If 15 the Court determines that such material is privileged or protected, the Receiving 16 Party must immediately return or take commercially reasonable efforts to destroy 17 the inadvertently disclosed Privileged Material and all copies of it. The Producing 18 Party has the burden of showing that the Discovery Material at issue is privileged or 19 protected. Nothing in this Protective Order prevents any party from objecting to the 20 designation of any Discovery Material as privileged or protected, or from seeking 21 further protection for any material it produces in discovery. 22 12. MISCELLANEOUS 23 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 24 person to seek its modification by the Court in the future. 25 12.2 Right to Assert Other Objections. By stipulating to the entry of this 26 Protective Order, no Party waives any right it otherwise would have to object to 27 disclosing or producing any information or item on any ground not addressed in this 28 14 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 Stipulated Protective Order. Similarly, no Party waives any right to object on any 2 ground to use in evidence of any of the material covered by this Protective Order. 3 12.3 Filing Protected Material. A Party that seeks to file under seal any 4 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 5 only be filed under seal pursuant to a court order authorizing the sealing of the 6 specific Protected Material at issue. If a Party’s request to file Protected Material 7 under seal is denied by the court, then the Receiving Party may file the information 8 in the public record unless otherwise instructed by the court. 9 12.4 Additional Parties. In the event additional parties join or are joined in 10 this Action, they shall not have access to Protected Material until the newly-joined 11 party by its counsel has executed and, at the request of any party, filed with the Court 12 its agreement to be bound by this Protective Order. 13 13. FINAL DISPOSITION 14 After the Final Disposition of this Action, as defined in paragraph 4, within 15 60 days of a written request by the Designating Party, each Receiving Party must 16 return all Protected Material to the Producing Party or destroy such material. As 17 used in this subdivision, “all Protected Material” includes all copies, abstracts, 18 compilations, summaries, and any other format reproducing or capturing any of the 19 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 21 not the same person or entity, to the Designating Party) by the 60 day deadline that 22 (1) identifies (by category, where appropriate) all the Protected Material that was 23 returned or destroyed and (2) affirms that the Receiving Party has not retained any 24 copies, abstracts, compilations, summaries or any other format reproducing or 25 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 26 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 27 and hearing transcripts, legal memoranda, correspondence, deposition and trial 28 exhibits, expert reports, attorney work product, and consultant and expert work 15 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 product, even if such materials contain Protected Material. Any such archival copies 2 that contain or constitute Protected Material remain subject to this Protective Order 3 as set forth in Section 4 (DURATION). 4 14. VIOLATION 5 Any violation of this Order may be punished by appropriate measures 6 including, without limitation, contempt proceedings and/or monetary sanctions. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 | ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: August 9, 2019 MAYER BROWN LLP 4 By: _/s/Adam Hudes Adam Hudes 5 Attorneys for Plaintiff NESTLE USA, INC. Dated: August 9, 2019 GORDON REES SCULLY 7 MANSUKHANTI, LLP 9 By: _/s/Reid E. Dammann Reid E. Dammann 10 Attorneys for Defendant WELLS MARKETING ll GROUP, INC. 12 8 L.R. 5-4-3.4(a) CERTIFICATION M4 Pursuant to L.R. 5-4.3.4(a)(2), I, Adam Hudes, hereby attest that all other 1S signatories listed, and on whose behalf the filing is submitted, concur in the filing’s 16 content and have authorized the filing. 17 18 /s/ Adam L. Hudes Adam Hudes 19 20 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 21 22 DATED: 8/12/2019 23 24 (tLe Mfc ——~ 25 | ALEXANDER F. MACKINNON 96 | UNITED STATES MAGISTRATE JUDGE 27 28 17 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, ___________________ [print or type full name], of ____________________ 5 [print or type full address], declare under penalty of perjury that I have read in its 6 entirety and understand the Stipulated Protective Order that was issued by the 7 United States District Court for the Central District of California on 8 _______________ [date] in the case of Nestlé USA, Inc. v. Wells International 9 Marketing Group, Inc. and Does 1-10, Case No. 2:19-cv-4607. I agree to comply 10 with and to be bound by all the terms of this Stipulated Protective Order and I 11 understand and acknowledge that failure to so comply could expose me to 12 sanctions and punishment in the nature of contempt. I solemnly promise that I will 13 not disclose in any manner any information or item that is subject to this Stipulated 14 Protective Order to any person or entity except in strict compliance with the 15 provisions of this Order. I further agree to submit to the jurisdiction of the United 16 States District Court for the Central District of California for enforcing the terms of 17 this Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [print 19 or type full name] of ____________________________________ [print or type 20 full address and telephone number] 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 Printed name: _______________________________ 27 28 Signature: __________________________________ 18 STIPULATED PROTECTIVE ORDER, Case No. 2:19-cv-4607