Kellwood Apparel LLC v. Protrend Ltd. ( 2020 )

1 2 3 4 NOTE: CHANGES MADE BY THE COURT 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 11 KELLWOOD APPAREL, LLC, a Case No. 2:20-cv-00214-MWF-JPR Delaware Limited Liability 12 Company, Hon. Michael W. Fitzgerald, Presiding 13 Plaintiff, 14 vs. STIPULATED PROTECTIVE 15 ORDER 16 PROTREND LTD., a California corporation; and DOES 1 through 10, 17 inclusive, 18 Defendants. 19 20 AND RELATED COUNTERCLAIMS 21 AND THIRD PARTY CLAIMS 22 23 24 25 26 27 28 1 1. INTRODUCTION 2 1.1 PURPOSES AND LIMITATIONS 3 Discovery in this action is likely to involve production of confidential, 4 proprietary, or private information for which special protection from public 5 disclosure and from use for any purpose other than prosecuting this litigation may 6 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 7 enter the following Stipulated Protective Order. The parties acknowledge that this 8 Order does not confer blanket protections on all disclosures or responses to 9 discovery and that the protection it affords from public disclosure and use extends 10 only to the limited information or items that are entitled to confidential treatment 11 under the applicable legal principles. The parties further acknowledge, as set forth 12 in Section 11.3, below, that this Stipulated Protective Order does not entitle them to 13 file 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 a party 15 seeks permission from the court to file material under seal. 16 1.2 GOOD CAUSE STATEMENT 17 This action is likely to involve trade secrets, customer and pricing lists and 18 other valuable research, development, commercial, financial, technical and/or 19 proprietary information for which special protection from public disclosure and from 20 21 use for any purpose other than prosecution of this action may be warranted. Such 22 confidential and proprietary materials and information consist of, among other 23 things, confidential business or financial information, information regarding 24 confidential business practices, or other confidential research, development, or 25 commercial information (including information implicating privacy rights of third 26 parties), information otherwise generally unavailable to the public, or which may be 27 privileged or otherwise protected from disclosure under state or federal statutes, 28 1 court rules, case decisions, or common law. Accordingly, to expedite the flow of 2 information, to facilitate the prompt resolution of disputes over confidentiality of 3 discovery materials, to adequately protect information the parties are entitled to keep 4 confidential, to ensure that the parties are permitted reasonable necessary uses of 5 such material in preparation for and in the conduct of trial, to address their handling 6 at the end of the litigation, and serve the ends of justice, a protective order for such 7 information is justified in this matter. It is the intent of the parties that information 8 9 will not be designated as confidential for tactical reasons and that nothing be so 10 designated without a good faith belief that it has been maintained in a confidential, 11 non-public manner, and there is good cause why it should not be part of the public 12 record of this case. 13 2. DEFINITIONS 14 a. Action: Kellwood Apparel LLC v. Protrend Ltd., et al., Case No.: 2:20- 15 cv-00214-MWF-JPR. 16 b. Challenging Party: a Party or Non-Party that challenges the designation 17 of information or items under this Order. 18 c. “CONFIDENTIAL” Information or Items: information (regardless of 19 how it is generated, stored or maintained) or tangible things that qualify 20 21 for protection under Federal Rule of Civil Procedure 26(c), and as 22 specified above in the Good Cause Statement. 23 d. “CONFIDENTIAL – ATTORNEY’S EYES ONLY” Information or 24 Items: extremely sensitive “Confidential Information or Items,” 25 disclosure of which to another Party or Non-Party would create a 26 substantial risk of competitive harm that could not be avoided by less 27 restrictive means. 28 1 e. Counsel: Outside Counsel of Record and House Counsel (as well as 2 their support staff). 3 f. Designating Party: a Party or Non-Party that designates information or 4 items that it produces in disclosures or in responses to discovery as 5 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEY’S EYES 6 ONLY”. 7 g. Disclosure or Discovery Material: all items or information, regardless 8 9 of the medium or manner in which it is generated, stored, or maintained 10 (including, among other things, testimony, transcripts, and tangible 11 things), that are produced or generated in disclosures or responses to 12 discovery in this matter. 13 h. Expert: a person with specialized knowledge or experience in a matter 14 pertinent to the litigation who has been retained by a Party or its 15 Counsel to serve as an expert witness or as a consultant in this Action. 16 i. House Counsel: attorneys who are employees of a Party to this Action. 17 House Counsel does not include Outside Counsel of Record or any 18 other outside counsel. 19 20 j. Non-Party: any natural person, partnership, corporation, association, or 21 other legal entity not named as a Party to this action. 22 k. Outside Counsel of Record: attorneys who are not employees of a Party 23 to this Action but are retained to represent or advise a Party to this 24 Action and have appeared in this Action on behalf of that Party or are 25 affiliated with a law firm which has appeared on behalf of that Party, 26 and includes support staff. 27 28 1 l. Party: any Party to this Action, including all of its officers, directors, 2 employees, consultants, retained experts, and Outside Counsel of 3 Record (and their support staffs). 4 m. Producing Party: a Party or Non-Party that produces Disclosure or 5 Discovery Material in this Action. 6 n. Professional Vendors: persons or entities that provide litigation support 7 services (e.g., photocopying, videotaping, translating, preparing 8 9 exhibits or demonstrations, and organizing, storing, or retrieving data 10 in any form or medium) and their employees and subcontractors. 11 o. Protected Material: any Disclosure or Discovery Material that is 12 designated as “CONFIDENTIAL” or “CONFIDENTIAL – 13 ATTORNEYS’ EYES ONLY”. 14 p. Receiving Party: a Party that receives Disclosure or Discovery Material 15 from a Producing Party. 16 3. SCOPE 17 The protections conferred by this Stipulation and Order cover not only 18 Protected Material (as defined above), but also (1) any information copied or 19 extracted from Protected Material; (2) all copies, excerpts, summaries, or 20 21 compilations of Protected Material; and (3) any testimony, conversations, or 22 presentations by Parties or their Counsel that might reveal Protected Material. 23 Any use of Protected Material at trial shall be governed by the orders of the trial 24 judge. This Order does not govern the use of Protected Material at trial. 25 4. DURATION 26 Once a case proceeds to trial, all of the information that was designated as 27 confidential or maintained pursuant to this protective order becomes public and will 28 1 be presumptively available to all members of the public, including the press, unless 2 compelling reasons supported by specific factual findings to proceed otherwise are 3 made to the trial judge in advance of the trial. See Kamakana v. City and County of 4 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” 5 showing for sealing documents produced in discovery from “compelling reasons” 6 standard when merits-related documents are part of court record). Accordingly, the 7 terms of this protective order do not extend beyond the commencement of the trial 8 9 and the Designating Party should seek an appropriate court order for handling 10 Protected Material at trial. 11 5. DESIGNATING PROTECTED MATERIAL 12 5.1 Exercise of Restraint and Care in Designating Material for Protection. 13 Each Party or Non-Party that designates information or items for protection 14 under this Order must take care to limit any such designation to specific material 15 that qualifies under the appropriate standards. The Designating Party must designate 16 for protection only those parts of material, documents, items, or oral or written 17 communications that qualify so that other portions of the material, documents, items, 18 or communications for which protection is not warranted are not swept unjustifiably 19 20 within the ambit of this Order. 21 Mass, indiscriminate, or routinized designations are prohibited. Designations 22 that are shown to be clearly unjustified or that have been made for an improper 23 purpose (e.g., to unnecessarily encumber the case development process or to impose 24 unnecessary expenses and burdens on other Parties or Non-Parties) may expose the 25 Designating Party to sanctions. 26 27 28 1 If it comes to a Designating Party’s attention that information or items that it 2 designated for protection do not qualify for protection, that Designating Party must 3 promptly notify all other Parties that it is withdrawing the inapplicable designation. 4 In addition, the Designating Party shall not use “CONFIDENTIAL – 5 ATTORNEY’S EYES ONLY” when a lower level of protection would suffice. 6 5.2 Manner and Timing of Designations. 7 8 Except as otherwise provided in this Order (see, e.g., second paragraph of 9 section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery 10 Material that qualifies for protection under this Order must be clearly so designated 11 before the material is disclosed or produced. 12 Designation in conformity with this Order requires: 13 a. for information in documentary form (e.g., paper or electronic 14 documents, but excluding transcripts of depositions or other pretrial or trial 15 proceedings), that the Producing Party affix at a minimum, the legend 16 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. 17 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected 18 19 material. If only a portion or portions of the material on a page qualifies for 20 protection, the Producing Party also must clearly identify the protected portion(s) 21 (e.g., by making appropriate markings in the margins). 22 A Party or Non-Party that makes original documents available for inspection 23 need not designate them for protection until after the inspecting Party has indicated 24 which documents it would like copied and produced. During the inspection and 25 before the designation, all of the material made available for inspection shall be 26 deemed “CONFIDENTIAL” or, if requested by the Designating Party, 27 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. After the inspecting Party has 28 1 identified the documents it wants copied and produced, the Producing Party must 2 determine which documents, or portions thereof, qualify for protection under this 3 Order. Then, before producing the specified documents, the Producing Party must 4 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. 5 If only a portion or portions of the material on a page qualifies for protection, the 6 Producing Party also must clearly identify the protected portion(s) (e.g., by making 7 appropriate markings in the margins). 8 9 b. for testimony given in depositions that the Designating Party identify 10 the Disclosure or Discovery Material as Protected Material on the record, before the 11 close of the deposition all protected testimony shall be identified as Protected 12 Material. 13 c. for information produced in some form other than documentary and for 14 any other tangible items, that the Producing Party affix in a prominent place on the 15 exterior of the container or containers in which the information is stored the legend 16 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. If 17 only a portion or portions of the information warrants protection, the Producing 18 Party, to the extent practicable, shall identify the protected portion(s). 19 20 d. Counsel for the Parties shall make reasonable efforts to prevent 21 unauthorized or inadvertent disclosure of Protected Material. Counsel shall maintain 22 the originals of the forms signed by persons acknowledging their obligations under 23 this Order for a period of three years after the termination of the case. 24 5.3 Inadvertent Failures to Designate. 25 If promptly corrected, an inadvertent failure to designate qualified information or 26 items does not, standing alone, waive the Designating Party’s right to secure 27 protection under this Order for such material. Upon prompt correction of a 28 1 designation, the Receiving Party must make reasonable efforts to assure that the 2 material is treated in accordance with the provisions of this Order. No party shall be 3 found to have violated this Order for failing to maintain the confidentiality of a 4 document during a time when that document has not been designated Protected 5 Material, even where the failure to so designate was inadvertent and where the 6 document is subsequently designated Protected Material. 7 5.4 Inadvertent Production. 8 9 Inadvertent or mistaken production of documents subject to work-product 10 immunity, the attorney-client privilege, or other legal privilege protecting 11 information from discovery, shall not constitute a waiver of the immunity or 12 privilege, provided that the Designating Party shall notify the Receiving Party in 13 writing of the discovery of the inadvertent or mistaken disclosure. Upon receipt of 14 such written notice, the Receiving Party must promptly return, sequester, or destroy 15 the specified information and any copies it has; must not use or disclose the 16 information; and must take reasonable steps to retrieve the information if the Party 17 disclosed it before being notified. 18 19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 6.1 Timing of Challenges. 21 Any Party or Non-Party may challenge a designation of confidentiality at any 22 time that is consistent with the Court’s Scheduling Order. All such challenges shall 23 be made in good faith. 24 6.2 Meet and Confer. 25 The Challenging Party shall initiate the dispute resolution process under Local 26 Rule 37-1 et seq. In conferring, the Challenging Party must explain the basis for its 27 28 belief that the designation was not proper and must give the Designating Party an 1 opportunity to review the designated document, to reconsider the designation, and, 2 if no change in designation is offered, to explain the basis for the designation. 3 6.3 Burden on Designating Party 4 The burden of persuasion in any such challenge proceeding shall be on the 5 Designating Party. Frivolous challenges, and those made for an improper purpose 6 (e.g., to harass or impose unnecessary expenses and burdens on other Parties or Non- 7 8 Parties) may expose the Challenging Party to sanctions. Unless the Designating 9 Party has waived or withdrawn the confidentiality designation, all Parties shall 10 continue to afford the material in question the level of protection to which it is 11 entitled under the Designating Party’s designation until the Court rules on the 12 challenge. 13 6.4 De-Designated Material 14 Any Protected Material from which the Designating Party has removed the 15 designation following review or from which the Court has removed the designation 16 pursuant to this Section 6, shall not thereafter be subject to this Order or any of its 17 requirements, unless it should thereafter be determined by the Court that the basis 18 for the de-designation was the result of wrongful conduct by the Challenging Party 19 or a third party. 20 21 7. ACCESS TO AND USE OF PROTECTED MATERIAL 22 7.1 Basic Principles. 23 A Receiving Party may use Protected Material that is disclosed or produced 24 by another Party or by a Non-Party in connection with this Action only for 25 prosecuting, defending, or attempting to settle this Action. Such Protected Material 26 may be disclosed only to the categories of persons and under the conditions 27 described in this Order. When the Action has been terminated, a Receiving Party 28 1 must comply with the provisions of section 12 below (FINAL DISPOSITION). 2 Protected Material must be stored and maintained by a Receiving Party at a location 3 and in a secure manner that ensures that access is limited to the persons authorized 4 under this Order. 5 7.2 Disclosure of “CONFIDENTIAL” Information or Items. 6 a. Unless otherwise ordered by the court or permitted in writing by the 7 8 Designating Party, a Receiving Party may disclose any information or item 9 designated “CONFIDENTIAL” (but not “CONFIDENTIAL – 10 ATTORNEY’S EYES ONLY”) only to: 11 i. the Receiving Party’s Outside Counsel of Record in this Action, 12 as well as employees of said Outside Counsel of Record to whom 13 it is reasonably necessary to disclose the information for this 14 Action on a need-to-know basis and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 ii. the officers, directors, and employees (including House Counsel) 17 of the Receiving Party to whom disclosure is reasonably 18 19 necessary for this Action on a need-to-know basis and who have 20 signed the “Acknowledgment and Agreement to Be Bound” 21 (Exhibit A); 22 iii. Experts (as defined in this Order) of the Receiving Party to whom 23 disclosure is reasonably necessary for this Action and who have 24 signed the “Acknowledgment and Agreement to Be Bound” 25 (Exhibit A); 26 iv. the court and its personnel; 27 28 1 v. court reporters and their staff who have signed the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 vi. professional jury or trial consultants, mock jurors, and 4 Professional Vendors to whom disclosure is reasonably 5 necessary for this Action and who have signed the 6 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 vii. the author or original possessor of a document containing the 8 9 information or a custodian or other person who otherwise already 10 possessed or knew the information; 11 viii. during their depositions, witnesses, and attorneys for witnesses, 12 in the Action to whom disclosure is reasonably necessary 13 provided: (1) the deposing Party requests that the witness sign 14 the form attached as Exhibit A hereto; and (2) they will not be 15 permitted to keep any confidential information unless they sign 16 the “Acknowledgment and Agreement to Be Bound” (Exhibit 17 A), unless otherwise agreed by the Designating Party or ordered 18 by the court. Pages of transcribed deposition testimony or 19 20 exhibits to depositions that reveal Protected Material may be 21 separately bound by the court reporter and may not be disclosed 22 to anyone except as permitted under this Stipulated Protective 23 Order; and 24 ix. any mediator or settlement officer, and their supporting 25 personnel, mutually agreed upon by any of the Parties engaged 26 in settlement discussions or appointed by the Court and who have 27 28 1 signed the “Acknowledgment and Agreement to Be Bound” 2 (Exhibit A), excepting judicial officers. 3 b. Access to Confidential Information designated as “CONFIDENTIAL - 4 ATTORNEYS’ EYES ONLY,” and any copies thereof, and any information 5 obtained from inspecting such Confidential Information and notes made 6 therefrom, and shall be limited to the following persons: 7 i. Receiving Party’s Outside Counsel of Record in this Action, and 8 their non-lawyer support personnel. Such support personnel 9 include, but are not limited to, clerical and administrative 10 11 workers, paralegals and other persons employed or retained by 12 counsel who may assist counsel in providing litigation support, 13 provided that any such support personnel also must have signed 14 the “Acknowledgment and Agreement to Be Bound” (Exhibit 15 A). All such support personnel shall comply with all other 16 requirements set forth herein. Persons providing investigative 17 services or substantive input to a Party under no circumstances 18 shall be deemed support personnel. Information shall only be 19 provided to non-lawyer support personnel on a need-to-know 20 basis. 21 ii. Experts (as defined in this Order) of the Receiving Party to whom 22 disclosure is reasonably necessary for this Action and who have 23 signed the “Acknowledgment and Agreement to Be Bound” 24 (Exhibit A); 25 iii. The Court, jury, court personnel, and, if he/she has signed the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A), 27 the following: court reporters, mediators, and similar personnel. 28 1 iv. Contractors specifically engaged for the limited purpose of 2 making copies of documents or organizing or processing 3 documents, including outside vendors hired to process 4 electronically-stored information, who have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A). 6 v. During their depositions, witnesses in this action to whom 7 disclosure is reasonably necessary who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A). 9 Witnesses shall not retain a copy of documents containing 10 Protected Material, except witnesses may receive a copy of all 11 exhibits marked at their depositions in connection with review of 12 the transcripts. Pages of transcribed deposition testimony or 13 exhibits to depositions that are designated as Protected Material 14 pursuant to the process set out in this Order must be separately 15 bound by the court reporter and may not be disclosed to anyone 16 except as permitted under this Order. 17 vi. The author or original possessor of the document (but not 18 including a person who received the document in the course of 19 20 litigation) or a custodian or other person who otherwise already 21 possessed or knew the information; 22 vii. Any other person with the prior written consent of the 23 Designating Party or prior order of the Court, who has signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A). 25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 26 PRODUCED IN OTHER LITIGATION 27 28 1 If a Party is served with a subpoena or a court order issued in other litigation 2 that compels disclosure of any information or items designated in this Action as 3 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that 4 Party must: 5 a. promptly notify in writing the Designating Party. Such notification 6 shall include a copy of the subpoena or court order unless prohibited by 7 law; 8 9 b. promptly notify in writing the party who caused the subpoena or order 10 to issue in the other litigation that some or all of the material covered 11 by the subpoena or order is subject to this Protective Order. Such 12 notification shall include a copy of this Stipulated Protective Order; and 13 c. cooperate with respect to all reasonable procedures sought to be 14 pursued by the Designating Party whose Protected Material may be 15 affected. 16 If the Designating Party timely seeks a protective order, the Party served with 17 the subpoena or court order shall not produce any information designated in this 18 action as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 19 20 ONLY” before a determination by the court from which the subpoena or order 21 issued, unless the Party has obtained the Designating Party’s permission. The 22 Designating Party shall bear the burden and expense of seeking protection in that 23 court of its confidential material and nothing in these provisions should be construed 24 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 25 directive from another court. 26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 27 PRODUCED IN THIS LITIGATION 28 1 a. The terms of this Order are applicable to information produced by a 2 Non-Party in this Action and designated as “CONFIDENTIAL” or 3 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such 4 information produced by Non-Parties in connection with this litigation 5 is protected by the remedies and relief provided by this Order. Nothing 6 in these provisions should be construed as prohibiting a Non-Party from 7 seeking additional protections. 8 9 b. In the event that a Party is required, by a valid discovery request, to 10 produce a Non-Party’s confidential information in its possession, and 11 the Party is subject to an agreement with the Non-Party not to produce 12 the Non-Party’s confidential information, then the Party shall: 13 i. promptly notify in writing the Requesting Party and the Non- 14 Party that some or all of the information requested is subject to a 15 confidentiality agreement with the Non-Party; 16 ii. promptly provide the Non-Party with a copy of the Stipulated 17 Protective Order in this Action, the relevant discovery request(s), 18 and a reasonably specific description of the information 19 20 requested; and 21 iii. make the information requested available for inspection by the 22 Non-Party, if requested. 23 c. Within 14 days of receiving the notice and accompanying information, 24 the Non-Party may give written notice designating such confidential 25 information pursuant to the provisions of this Stipulated Protective 26 Order. In the alternative, if the Non-Party fails to designate or seek a 27 protective order from this court within 14 days of receiving the notice 28 1 and accompanying information, the Receiving Party may produce the 2 Non-Party’s confidential information responsive to the discovery 3 request. If the Non-Party timely seeks a protective order, the Receiving 4 Party shall not produce any information in its possession or control that 5 is subject to the confidentiality agreement with the Non-Party before a 6 determination by the court. Absent a court order to the contrary, the 7 Non-Party shall bear the burden and expense of seeking protection in 8 9 this court of its Protected Material. 10 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 12 Protected Material to any person or in any circumstance not authorized under this 13 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 14 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 15 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 16 or persons to whom unauthorized disclosures were made of all the terms of this 17 Order, and (d) request such person or persons to execute the “Acknowledgment and 18 Agreement to Be Bound” that is attached hereto as Exhibit A. 19 11. MISCELLANEOUS 20 11.1 Right to Further Relief. 21 22 Nothing in this Order abridges the right of any person to seek its modification 23 by the Court in the future. 24 11.2 Right to Assert Other Objections. 25 By stipulating to the entry of this Protective Order no Party waives any right 26 it otherwise would have to object to disclosing or producing any information or item 27 on any ground not addressed in this Stipulated Protective Order. Similarly, no Party 28 1 waives any right to object on any ground to use in evidence of any of the material 2 covered by this Protective Order or to seek a further order of the Court with respect 3 to the use and/or disclosure of its Protected Material at trial. 4 11.3 Filing Protected Material. 5 A Party that seeks to file under seal any Protected Material must comply with 6 Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to 7 8 a court order authorizing the sealing of the specific Protected Material at issue. If a 9 Party's request to file Protected Material under seal is denied by the court, then the 10 Receiving Party may file the information in the public record unless otherwise 11 instructed by the court. 12 11.4 Action by the Court. 13 Applications to the Court for an order relating to Protected Material shall be 14 by motion. Nothing in this Order or any action or agreement of a party under this 15 Order limits the Court’s power to make orders concerning the disclosure of 16 documents produced in discovery or at trial. 17 12. FINAL DISPOSITION 18 After the final disposition of this Action, as defined in paragraph 4, within 60 19 days of a written request by the Designating Party, each Receiving Party must return 20 21 all Protected Material to the Producing Party or destroy such material. As used in 22 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 23 summaries, and any other format reproducing or capturing any of the Protected 24 Material. Whether the Protected Material is returned or destroyed, the Receiving 25 Party must submit a written certification to the Producing Party (and, if not the same 26 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 27 (by category, where appropriate) all the Protected Material that was returned or 28 1 destroyed and (2)affirms that the Receiving Party has not retained any copies, 2 abstracts, compilations, summaries or any other format reproducing or capturing any 3 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 4 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 5 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 6 reports, attorney work product, and consultant and expert work product, even if such 7 materials contain Protected Material. Any such archival copies that contain or 8 9 constitute Protected Material remain subject to this Protective Order as set forth in 10 Section 4 (DURATION). 11 13. SIGNATURES 12 This Order shall take effect when entered by the Court and shall be binding 13 upon all counsel of record and their law firms, the Parties, and persons made subject 14 to this Order by its terms. Any violation of this Order may be punished by any and 15 all appropriate measures including, without limitation, contempt proceedings and/or 16 monetary sanctions: 17 18 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 19 Dated: December 10, 2020 By: /s/ Alicia M. Veglia 20 Alicia M. Veglia, Esq. 21 Frank Seddigh, Esq. 22 Attorneys for Plaintiff 23 Kellwood Apparel LLC and 24 Third Party Defendants Joanna Wong and Caren Lettiere 25 26 27 Dated: December 10, 2020 By: /s/ James Reynolds James Reynolds, Esq. 28 1 Attorneys for Defendant 2 3 Pursuant to Civil L.R. 5-4.3.4(a)(2)(i), the filer attests that all other signatorie 4 listed, and on whose behalf this filing is submitted, concur in the filing’s content an have authorized the filing. 7 ||FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 8 9 10 || DATED: December 10, 2020 11 12 fe rohan || TH. 14 || Jean P. Rosenbluth 15 || United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPTT ATED PROTECTIVE OPDEPR EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 I, _____________________________ [print or type full name], of 4 ____________________________________________ [print or type full address], 5 declare under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for 7 the Central District of California on ___________________[date] in the case of 8 Kellwood Apparel LLC v. Protrend Ltd., et al., Case No.: 2:20-cv-00214-MWF-JPR. 9 I agree to comply with and to be bound by all the terms of this Stipulated Protective 10 Order and I understand and acknowledge that failure to so comply could expose me 11 to sanctions and punishment in the nature of contempt. I solemnly promise that I will 12 not disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the 14 15 provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court 17 for the Central District of California for the purpose of enforcing the terms of this 18 Stipulated Protective Order, even if such enforcement proceedings occur after 19 termination of this action. I hereby appoint __________________________ [print 20 or type full name] of _______________________________________ [print or type 21 full address and telephone number] as my California agent for service of process in 22 connection with this action or any proceedings related to enforcement of this 23 Stipulated Protective Order. 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 27 Printed name: _______________________________ 28 Signature: __________________________________