The Travelers Indemnity Company v. Trumpet, Inc. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 THE TRAVELERS INDEMNITY ) Case No. 8:19-cv-01036 PSG (JDEx) ) 11 COMPANY, ) Plaintiff, ) STIPULATION AND PROPOSED 12 ) PROTECTIVE ORDER ) 13 v. ) ) 14 ) TRUMPET, INC., ) 15 ) ) 16 Defendant. ) ) 17 18 Pursuant to the parties’ Stipulation, and good cause and appearing therefor, 19 it is hereby found and ordered as follows: 20 1. PURPOSES AND LIMITATIONS 21 Discovery in this action is likely to involve production of confidential, 22 proprietary or private information for which special protection from public 23 disclosure and from use for any purpose other than pursuing this litigation may be 24 25 warranted. Accordingly, the parties hereby stipulate to and petition the Court to 26 enter the following Stipulated Protective Order. The parties acknowledge that this 27 Order does not confer blanket protections on all disclosures or responses to 28 discovery and that the protection it affords from public disclosure and use extends 1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. 3 2. GOOD CAUSE STATEMENT 4 This action is likely to involve trade secrets, customer and pricing lists and 5 other valuable research, development, commercial, financial, technical and/or 6 proprietary information for which special protection from public disclosure and 7 from use for any purpose other than prosecution of this action is warranted. Such 8 confidential and proprietary materials and information consist of, among other 9 things, confidential business or financial information, information regarding 10 confidential business practices, or other confidential research, development, or 11 commercial information (including information implicating privacy rights of third 12 parties), information otherwise generally unavailable to the public, or which may 13 be privileged or otherwise protected from disclosure under state or federal statutes, 14 court rules, case decisions, or common law. Accordingly, to expedite the flow of 15 information, to facilitate the prompt resolution of disputes over confidentiality of 16 discovery materials, to adequately protect information the parties are entitled to 17 keep confidential, to ensure that the parties are permitted reasonable necessary uses 18 of such material in preparation for and in the conduct of trial, to address their 19 handling at the end of the litigation, and serve the ends of justice, a protective order 20 for such information is justified in this matter. It is the intent of the parties that 21 information will not be designated as confidential for tactical reasons and that 22 23 nothing be so designated without a good faith belief that it has been maintained in 24 a confidential, non-public manner, and there is good cause why it should not be 25 part of the public record of this case. 26 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 27 The parties further acknowledge, as set forth in Section 14.3, below, that this 28 Stipulated Protective Order does not entitle them to file confidential information 1 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 2 and the standards that will be applied when a party seeks permission from the court 3 to file material under seal. There is a strong presumption that the public has a right 4 of access to judicial proceedings and records in civil cases. In connection with non- 5 dispositive motions, good cause must be shown to support a filing under seal. See 6 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), 7 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar- 8 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even 9 stipulated protective orders require good cause showing), and a specific showing of 10 good cause or compelling reasons with proper evidentiary support and legal 11 justification, must be made with respect to Protected Material that a party seeks to 12 file under seal. The parties’ mere designation of Disclosure or Discovery Material 13 as CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS’ EYES ONLY does 14 not— without the submission of competent evidence by declaration, establishing 15 that the material sought to be filed under seal qualifies as confidential, privileged, 16 or otherwise protectable—constitute good cause. 17 Further, if a party requests sealing related to a dispositive motion or trial, 18 then compelling reasons, not only good cause, for the sealing must be shown, and 19 the relief sought shall be narrowly tailored to serve the specific interest to be 20 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 21 2010). For each item or type of information, document, or thing sought to be filed 22 23 or introduced under seal, the party seeking protection must articulate compelling 24 reasons, supported by specific facts and legal justification, for the requested sealing 25 order. Again, competent evidence supporting the application to file documents 26 under seal must be provided by declaration. 27 Any document that is not confidential, privileged, or otherwise protectable 28 in its entirety will not be filed under seal if the confidential portions can be 1 redacted. If documents can be redacted, then a redacted version for public viewing, 2 omitting only the confidential, privileged, or otherwise protectable portions of the 3 document, shall be filed. Any application that seeks to file documents under seal in 4 their entirety should include an explanation of why redaction is not feasible. 5 4. DEFINITIONS 6 4.1 Action: this pending federal lawsuit, namely, Case No. 8:19-cv-01036 7 PSG (JDEx) 8 4.2 Challenging Party: a Party or Non-Party that challenges the 9 designation of information or items under this Order. 10 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 11 how it is generated, stored or maintained) or tangible things that qualify for 12 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 13 the Good Cause Statement. 14 4.4 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or 15 Items: information (regardless of how it is generated, stored or maintained) that a 16 Designating Party reasonably believes the disclosure of which would result in the 17 release of highly sensitive trade secrets or other highly sensitive research, 18 technical, personnel, or business information, or that would create a substantial risk 19 of material harm to the business or competitive interests of the Designating Party 20 including, but not limited to, customer contact information, market or customer 21 analyses, financial information, and corporate and strategic planning. 22 23 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as 24 their support staff). 25 4.5 Designating Party: a Party or Non-Party that designates information or 26 items that it produces in disclosures or in responses to discovery as 27 “CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 28 1 4.6 Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced 4 or generated in disclosures or responses to discovery. 5 4.7 Expert: a person, not employed or affiliated with a Party, with 6 specialized knowledge or experience in a matter pertinent to the litigation who has 7 been retained by a Party or its counsel to serve as an expert witness or as an 8 independent non-retained expert or consultant in this Action, including such 9 person’s staff. 10 4.8 House Counsel: attorneys who are employees of a party to this 11 Action. House Counsel does not include Outside Counsel of Record or any other 12 outside counsel. 13 4.9 Non-Party: any natural person, partnership, corporation, association or 14 other legal entity not named as a Party to this action. 15 4.10 Outside Counsel of Record: attorneys who are not employees of a 16 party to this Action but are retained to represent a party to this Action and have 17 appeared in this Action on behalf of that party or are affiliated with a law firm that 18 has appeared on behalf of that party, and includes support staff. 19 4.11 Party: any party to this Action, including all of its officers, directors, 20 employees, consultants, retained experts, and Outside Counsel of Record (and their 21 support staffs). 22 23 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 24 Discovery Material in this Action. 25 4.13 Professional Vendors: persons or entities that provide litigation 26 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 27 demonstrations, and organizing, storing, or retrieving data in any form or medium) 28 and their employees and subcontractors. 1 4.14 Protected Material: any Disclosure or Discovery Material that is 2 designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 3 ONLY.” 4 4.15 Receiving Party: a Party that receives Disclosure or Discovery 5 Material from a Producing Party. 6 5. SCOPE 7 The protections conferred by this Stipulation and Order cover not only 8 Protected Material (as defined above), but also (1) any information copied or 9 extracted from Protected Material; (2) all copies, excerpts, summaries, or 10 compilations of Protected Material; and (3) any testimony, conversations, or 11 presentations by Parties or their Counsel that might reveal Protected Material. 12 Any use of Protected Material at trial shall be governed by the orders of the 13 trial judge and other applicable authorities. This Order does not govern the use of 14 Protected Material at trial. 15 6. DURATION 16 Once a case proceeds to trial, information that was designated as 17 CONFIDENTIAL or CONFIDENTIAL - ATTORNEYS’ EYES ONLY or 18 maintained pursuant to this protective order used or introduced as an exhibit at trial 19 becomes public and will be presumptively available to all members of the public, 20 including the press, unless compelling reasons supported by specific factual 21 findings to proceed otherwise are made to the trial judge in advance of the trial. 22 23 See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for 24 sealing documents produced in discovery from “compelling reasons” standard 25 when merits-related documents are part of court record). Accordingly, the terms of 26 this protective order do not extend beyond the commencement of the trial. 27 7. DESIGNATING PROTECTED MATERIAL 28 1 7.1 Exercise of Restraint and Care in Designating Material for 2 Protection. Each Party or Non-Party that designates information or 3 items for protection under this Order must take care to limit any such designation 4 to specific material that qualifies under the appropriate standards. The Designating 5 Party must designate for protection only those parts of material, documents, items 6 or oral or written communications that qualify so that other portions of the 7 material, documents, items or communications for which protection is not 8 warranted are not swept unjustifiably within the ambit of this Order. 9 Mass, indiscriminate or routinized designations are prohibited. Designations 10 that are shown to be clearly unjustified or that have been made for an improper 11 purpose (e.g., to unnecessarily encumber the case development process or to 12 impose unnecessary expenses and burdens on other parties) may expose the 13 Designating Party to sanctions. 14 If it comes to a Designating Party’s attention that information or items that it 15 designated for protection do not qualify for protection, that Designating Party must 16 promptly notify all other Parties that it is withdrawing the inapplicable designation. 17 7.2 Manner and Timing of Designations. Except as otherwise provided in 18 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 19 that qualifies for protection under this Order must be clearly so designated before 20 the material is disclosed or produced. 21 Designation in conformity with this Order requires: 22 23 (a) for information in documentary form (e.g., paper or electronic 24 documents, but excluding transcripts of depositions or other pretrial or trial 25 proceedings), that the Producing Party affix at a minimum, the legend 26 “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” 27 (hereinafter “CONFIDENTIALITY legend”), to each page that contains Protected 28 Material. If only a portion of the material on a page qualifies for protection, the 1 Producing Party also must clearly identify the protected portion(s) (e.g., by making 2 appropriate markings in the margins). 3 A Party or Non-Party that makes original documents available for inspection 4 need not designate them for protection until after the inspecting Party has indicated 5 which documents it would like copied and produced. During the inspection and 6 before the designation, all of the material made available for inspection shall be 7 deemed “CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” After the inspecting 8 Party has identified the documents it wants copied and produced, the Producing 9 Party must determine which documents, or portions thereof, qualify for protection 10 under this Order. Then, before producing the specified documents, the Producing 11 Party must affix the “CONFIDENTIALITY legend” to each page that contains 12 Protected Material. If only a portion of the material on a page qualifies for 13 protection, the Producing Party also must clearly identify the protected portion(s) 14 (e.g., by making appropriate markings in the margins). 15 (b) for testimony given in depositions, that the Designating Party 16 identifies the Disclosure or Discovery Material on the record, before the close of 17 the deposition, all protected testimony. The Parties may agree, however, that all or 18 portions of a deposition transcript shall be designated “CONFIDENTIAL – 19 ATTORNEYS’ EYES ONLY” for a period of 30 days from the date of the 20 deposition, regardless of whether a designation of confidentiality was made on the 21 record or otherwise. During any such 30-day period, any party may designate in 22 23 writing specific portions of the deposition transcript and exhibits as 24 “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES ONLY.” Such 25 written notification shall identify the specific pages and lines of the transcript that 26 contain Protected Material. If such written notification is not made within 30 days 27 from the date of the deposition, or some other time period that may be agreed upon 28 by the parties, then all portions of the transcript for which no testimony was 1 designated as Protected Material on the record shall be treated as public 2 information and will not be subject to this Protective Order. 3 (c) for information produced in some form other than documentary 4 and for any other tangible items, that the Producing Party affix in a prominent 5 place on the exterior of the container or containers in which the information is 6 stored the legend “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ 7 EYES ONLY.” If only a portion or portions of the information warrants protection, 8 the Producing Party, to the extent practicable, shall identify the protected 9 portion(s). 10 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 11 failure to designate qualified information or items does not, standing alone, waive 12 the Designating Party’s right to secure protection under this Order for such 13 material. Upon timely correction of a designation, the Receiving Party must make 14 reasonable efforts to assure that the material is treated in accordance with the 15 provisions of this Order. 16 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 17 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 18 designation of confidentiality at any time that is consistent with the Court’s 19 Scheduling Order. 20 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 21 resolution process under Local Rule 37-1 et seq. 22 23 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 24 joint stipulation pursuant to Local Rule 37-2. 25 8.4 The burden of persuasion in any such challenge proceeding shall be on 26 the Designating Party. Frivolous challenges, and those made for an improper 27 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 28 parties) may expose the Challenging Party to sanctions. Unless the Designating 1 Party has waived or withdrawn the confidentiality designation, all parties shall 2 continue to afford the material in question the level of protection to which it is 3 entitled under the Producing Party’s designation until the Court rules on the 4 challenge. 5 9. ACCESS TO AND USE OF PROTECTED MATERIAL 6 9.1 Basic Principles. A Receiving Party may use Protected Material that is 7 disclosed or produced by another Party or by a Non-Party in connection with this 8 Action only for prosecuting, defending or attempting to settle this Action. Such 9 Protected Material may be disclosed only to the categories of persons and under 10 the conditions described in this Order. When the Action has been terminated, a 11 Receiving Party must comply with the provisions of section 15 below (FINAL 12 DISPOSITION). 13 Protected Material must be stored and maintained by a Receiving Party at a 14 location and in a secure manner that ensures that access is limited to the persons 15 authorized under this Order. 16 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 17 otherwise ordered by the court or permitted in writing by the Designating Party, a 18 Receiving Party may disclose any information or item designated 19 “CONFIDENTIAL” only to: 20 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 21 well as employees of said Outside Counsel of Record to whom it is reasonably 22 23 necessary to disclose the information for this Action; 24 (b) the officers, directors, and employees (including House Counsel) 25 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 26 (c) Experts (as defined in this Order) of the Receiving Party to whom 27 disclosure is reasonably necessary for this Action and who have signed the 28 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 1 (d) the court and its personnel; 2 (e) court reporters and their staff; 3 (f) professional jury or trial consultants, mock jurors, and Professional 4 Vendors to whom disclosure is reasonably necessary for this Action and who have 5 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (g) the author or recipient of a document containing the information or 7 a custodian or other person who otherwise possessed or knew the information; 8 (h) during their depositions, witnesses, and attorneys for witnesses, in 9 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 10 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 11 they will not be permitted to keep any confidential information unless they sign the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 13 agreed by the Designating Party or ordered by the court. Pages of transcribed 14 deposition testimony or exhibits to depositions that reveal Protected Material may 15 be separately bound by the court reporter and may not be disclosed to anyone 16 except as permitted under this Stipulated Protective Order; and 17 (i) any mediators or settlement officers and their supporting personnel, 18 mutually agreed upon by any of the parties engaged in settlement discussions. 19 9.3 Disclosure of “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” 20 Information or Items. Unless otherwise ordered by the court or permitted in writing 21 by the Designating Party, a Receiving Party may disclose any information or item 22 23 designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: 24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 25 well as employees of said Outside Counsel of Record to whom it is reasonably 26 necessary to disclose the information for this Action; 27 (b) the following House Counsel, who have signed the 28 “Acknowledgement and Agreement to Be Bound” (Exhibit A): 1  Peter Schwartz, Travelers Senior Vice President and Group 2 General Counsel, Corporate Litigation; 3  Michael Bucci, Travelers Chief Intellectual Property Counsel, 4 Corporate Legal 5 Notwithstanding anything to the contrary in this Paragraph 9.3(b), a 6 Receiving Party may at any time request that it be permitted to disclose any 7 information or item designated “CONFIDENTIAL – ATTORNEYS’ EYES 8 ONLY” to a limited number of additional House Counsel. In the event the Parties 9 are unable to agree on disclosure to such additional House Counsel, the Parties 10 agree to meet and confer on the issue in good faith in compliance with the meet- 11 and-confer and joint stipulation provisions of Paragraphs 8.1-8.3 above. 12 (c) Experts (as defined in this Order) of the Receiving Party to whom 13 disclosure is reasonably necessary for this Action and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (d) the court and its personnel; 16 (e) court reporters and their staff; 17 (f) professional jury or trial consultants, mock jurors, and Professional 18 Vendors to whom disclosure is reasonably necessary for this Action and who have 19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 21 (g) the author or recipient of a document containing the information or 22 a custodian or other person who otherwise possessed or knew the information; 23 (h) during their depositions, witnesses, and attorneys for witnesses, in 24 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 25 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 26 they will not be permitted to keep any confidential information unless otherwise 27 agreed by the Designating Party or ordered by the court. Pages of transcribed 28 deposition testimony or exhibits to depositions that reveal Protected Material may 1 be separately bound by the court reporter and may not be disclosed to anyone 2 except as permitted under this Stipulated Protective Order; and 3 (i) any mediators or settlement officers and their supporting personnel, 4 mutually agreed upon by any of the parties engaged in settlement discussions. 5 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 6 PRODUCED IN OTHER LITIGATION 7 If a Party is served with a subpoena or a court order issued in other litigation 8 that compels disclosure of any information or items designated in this Action as 9 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that 10 Party must: 11 (a) promptly notify in writing the Designating Party. Such notification 12 shall include a copy of the subpoena or court order; 13 (b) promptly notify in writing the party who caused the subpoena or 14 order to issue in the other litigation that some or all of the material covered by the 15 subpoena or order is subject to this Protective Order. Such notification shall 16 include a copy of this Stipulated Protective Order; and 17 (c) cooperate with respect to all reasonable procedures sought to be 18 pursued by the Designating Party whose Protected Material may be affected. If the 19 Designating Party timely seeks a protective order, the Party served with the 20 subpoena or court order shall not produce any information designated in this action 21 as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 22 23 before a determination by the court from which the subpoena or order issued, 24 unless the Party has obtained the Designating Party’s permission. The Designating 25 Party shall bear the burden and expense of seeking protection in that court of its 26 confidential material and nothing in these provisions should be construed as 27 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 28 directive from another court. 1 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 2 BE PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by 4 a Non-Party in this Action and designated as “CONFIDENTIAL” or 5 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced 6 by Non-Parties in connection with this litigation is protected by the remedies and 7 relief provided by this Order. Nothing in these provisions should be construed as 8 prohibiting a Non-Party from seeking additional protections. 9 (b) In the event that a Party is required, by a valid discovery request, 10 to produce a Non-Party’s confidential information in its possession, and the Party 11 is subject to an agreement with the Non-Party not to produce the Non-Party’s 12 confidential information, then the Party shall: 13 (1) promptly notify in writing the Requesting Party and the Non-Party 14 that some or all of the information requested is subject to a confidentiality 15 agreement with a Non-Party; 16 (2) promptly provide the Non-Party with a copy of the Stipulated 17 Protective Order in this Action, the relevant discovery request(s), and a reasonably 18 specific description of the information requested; and 19 (3) make the information requested available for inspection by the 20 Non-Party, if requested. 21 (c) If the Non-Party fails to seek a protective order from this court 22 23 within 14 days of receiving the notice and accompanying information, the 24 Receiving Party may produce the Non-Party’s confidential information responsive 25 to the discovery request. If the Non-Party timely seeks a protective order, the 26 Receiving Party shall not produce any information in its possession or control that 27 is subject to the confidentiality agreement with the Non-Party before a 28 determination by the court. Absent a court order to the contrary, the Non-Party 1 shall bear the burden and expense of seeking protection in this court of its 2 Protected Material. 3 12. UNAUTHORIZED DISCLOSURE OF PROTECTED 4 MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has 6 disclosed Protected Material to any person or in any circumstance not authorized 7 under this Stipulated Protective Order, the Receiving Party must immediately (a) 8 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 9 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 10 the person or persons to whom unauthorized disclosures were made of all the terms 11 of this Order, and (d) request such person or persons to execute the 12 “Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A. Any 13 such disclosure shall not constitute a waiver of the Designating Party’s designation 14 of the Protected Material. 15 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 16 OTHERWISE PROTECTED MATERIAL 17 Inadvertent production of documents or information subject to attorney- 18 client privilege, work product immunity, or any other applicable privilege or 19 immunity shall not constitute a waiver of, nor a prejudice to, any claim that such or 20 related material is privileged or protected by the work product immunity, or any 21 other applicable privilege or immunity. When a Producing Party gives notice to 22 23 Receiving Parties that certain inadvertently produced material is subject to a claim 24 of privilege or other protection, the obligations of the Receiving Parties are those 25 set forth in Federal Rule of Civil Procedure 26(b)(5)(B). No demonstration or 26 proof of error, inadvertence, excusable neglect, or absence of negligence shall be 27 required of the Producing Party in order for such party to avail itself of the 28 provisions of this paragraph. This provision is not intended to modify whatever 1 procedure may be established in an e-discovery order that provides for production 2 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 3 (e), insofar as the parties reach an agreement on the effect of disclosure of a 4 communication or information covered by the attorney-client privilege or work 5 product protection, the parties may incorporate their agreement in the stipulated 6 protective order submitted to the court. 7 14. MISCELLANEOUS 8 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 9 person to seek its modification by the Court in the future. 10 14.2 Right to Assert Other Objections. By stipulating to the entry of this 11 Protective Order, no Party waives any right it otherwise would have to object to 12 disclosing or producing any information or item on any ground not addressed in 13 this Stipulated Protective Order. Similarly, no Party waives any right to object on 14 any ground to use in evidence of any of the material covered by this Protective 15 Order. 16 14.3 Filing Protected Material. A Party that seeks to file under seal any 17 Protected Material must comply with Local Civil Rule 79-5. Protected Material 18 may only be filed under seal pursuant to a court order authorizing the sealing of the 19 specific Protected Material. If a Party’s request to file Protected Material under 20 seal is denied by the court, then the Receiving Party may file the information in the 21 public record unless otherwise instructed by the court. 22 23 15. FINAL DISPOSITION 24 After the final disposition of this Action, as defined in paragraph 6, within 25 60 days of a written request by the Designating Party, each Receiving Party must 26 return all Protected Material to the Producing Party or destroy such material. As 27 used in this subdivision, “all Protected Material” includes all copies, abstracts, 28 compilations, summaries, and any other format reproducing or capturing any of the 1 ||} Protected Material. Whether the Protected Material is returned or destroyed, the 2 Receiving Party must submit a written certification to the Producing Party (and, if 3 || not the same person or entity, to the Designating Party) by the 60-day deadline that 4 |! (1) identifies (by category, where appropriate) all the Protected Material that was > || returned or destroyed and (2) affirms that the Receiving Party has not retained any 6 copies, abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel 8 are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition 10 and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 6 (DURATION). Is 16. VIOLATION 16 Any violation of this Order may be punished by appropriate measures including, without limitation, contempt proceedings and/or monetary sanctions. 18 19 |, FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 21 |} DATED: May 13, 2020 22 i KL de □ 23 J D. EARLY hited States Magistrate Judge 25 26 27 28 17 1 EXHIBIT A 2 Donald L. Ridge (CA SBN 132171) 3 email: dridge@clarkhill.com Ryan C. McKim (CA SBN 265941) 4 email: rmckim@clarkhill.com 5 CLARK HILL, LLP 6 1055 West Seventh Street, 24th Floor Los Angeles, California 90017 7 Telephone: (213) 891-9100 8 Facsimile: (213) 488-1178 9 David M. Kelly, (admitted pro hac vice) 10 email: david.kelly@kelly-ip.com Jason M. Joyal, (CA SBN 251168) 11 email: jason.joyal@kelly-ip.com 12 KELLY IP, LLP 1300 19th Street, NW, Suite 300 13 Washington, DC 20036 14 Tel: (202) 808-3570 15 Fax: (202) 354-5232 16 Attorneys for Plaintiff 17 The Travelers Indemnity Company 18 UNITED STATES DISTRICT COURT 19 CENTRAL DISTRICT OF CALIFORNIA 20 THE TRAVELERS INDEMNITY ) Case No. 8:19-cv-01036 PSG (JDEx) 21 ) COMPANY, ) 22 Plaintiff, ) ACKNOWLEDGEMENT AND ) AGREEMENT TO BE BOUND BY 23 ) PROTECTIVE ORDER v. ) 24 ) ) 25 TRUMPET, INC., ) ) 26 Defendant. ) ) 27 ) 28 1 AGREEMENT TO BE BOUND BY PROTECTIVE ORDER 2 I, ____________________ do declare and state as follows: 3 1. I live at ________________________. I am employed as 4 5 _____________________________ (position) by 6 ____________________________ (name and address of employer). 7 8 2. I have read the Protective Order entered in this case, entitled The 9 Travelers Indemnity Company v. Trumpet, Inc., Case No. 8:19-cv-01036 PSG 10 (JDEx), a copy of which has been given to me. 11 12 3. I understand and agree to comply with and be bound by the provisions 13 of the Protective Order and consent to the jurisdiction of the U.S. District Court for 14 15 the Central District of California to enforce the terms of the Protective Order, 16 including that upon receipt of any Protected Material, I will be personally subject 17 to it, and to all of its requirements and procedures. 18 19 4. I declare, as provided by 28 U.S.C. § 1746, under penalty of perjury 20 that the foregoing is true and correct. 21 22 23 Executed this _____ day of ________________, 20___. 24 25 26 ________________________ 27 (Signature) 28