Zhongtie Dacheng (Zhuhai) Investment Management Co Ltd v. Yan ( 2024 )

1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA 3 4 5 Zhongtie Dacheng (Zhuhai) Investment CASE NO. 8:22-cv-00461-KK-ADS Management Co Ltd, 6 [DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE 7 Petitioner, JUDGE AUTUMN D. SPAETH] 8 v. PROTECTIVE ORDER 9 Jinggang Yan and Liang Xiuhong. Judge: The Honorable Autumn D. Spaeth 10 Respondents. 11 12 13 1. PURPOSES AND LIMITATIONS 14 Post-judgment discovery in this Action is likely to involve production of 15 confidential, proprietary, or private information for which special protection from 16 public disclosure and from use for any purpose other than prosecuting this Action or 17 the Related Actions may be warranted. Accordingly, the parties hereby stipulate to 18 and petition the Court to enter the following Stipulated Protective Order. The parties 19 acknowledge that this Order does not confer blanket protections on all disclosures or 20 responses to discovery and that the protection it affords from public disclosure and 21 use extends only to the limited information or items that are entitled to confidential 22 treatment under the applicable legal principles. 23 1.1 GOOD CAUSE STATEMENT 24 This Action is likely to involve the production and exchange of confidential, 25 sensitive information that could cause business, competitive, and personal harm for 26 which special protection from public disclosure and from use for any purpose other 27 than prosecution of this Action and the Related Actions is warranted. 1 other things, confidential business or financial information, confidential commercial 2 information (including information implicating privacy rights of third parties), 3 information otherwise generally unavailable to the public, or which may be privileged 4 or otherwise protected from disclosure under state or federal statutes, court rules, case 5 decisions, or common law. Accordingly, to expedite the flow of information, to 6 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 7 to adequately protect information the parties are entitled to keep confidential, to 8 ensure that the parties are permitted reasonable necessary uses of such material, to 9 address their handling at the end of the litigation, and serve the ends of justice, a 10 protective order for such information is justified in this matter. It is the intent of the 11 parties that information will not be designated as confidential for tactical reasons and 12 that nothing be so designated without a good faith belief that it has been maintained 13 in a confidential, non–public manner, and there is good cause why it should not be 14 part of the public record of this case. 15 1.2 ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 16 The parties further acknowledge, as set forth in Section 12.3, below, that this 17 Stipulated Protective Order does not entitle them to file confidential information 18 under seal; Local Civil Rule 79–5 sets forth the procedures that must be followed and 19 the standards that will be applied when a party seeks permission from the Court to file 20 material under seal. 21 There is a strong presumption that the public has a right of access to judicial 22 proceedings and records in civil cases. In connection with non–dispositive motions, 23 good cause must be shown to support a filing under seal. See Kamakana v. City and 24 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors 25 Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002). A specific showing of good cause or 26 compelling reasons with proper evidentiary support and legal justification must be 27 made with respect to Protected Material that a party seeks to file under seal. The 1 or “HIGHLY CONFIDENTIAL-AEO” does not—without the submission of 2 competent evidence by declaration, establishing that the material sought to be filed 3 under seal qualifies as confidential, privileged, or otherwise protectable—constitute 4 good cause. 5 Further, if a party requests sealing related to a dispositive motion or trial, then 6 compelling reasons, not only good cause, for the sealing must be shown, and the relief 7 sought shall be narrowly tailored to serve the specific interest to be protected. 8 See Pinto v. Pacific Creditors Ass’n., 605 F.3d 665, 677–79 (9th Cir. 2010). For each 9 item or type of information, document, or thing sought to be filed or introduced under 10 seal, the party seeking protection must articulate compelling reasons, supported by 11 specific facts and legal justification, for the requested sealing order. Again, competent 12 evidence supporting the application to file documents under seal must be provided by 13 declaration. 14 Any document that is not confidential, privileged, or otherwise protectable in 15 its entirety will not be filed under seal if the confidential portions can be redacted. If 16 documents can be redacted, then a redacted version for public viewing, omitting only 17 the confidential, privileged, or otherwise protectable portions of the document, shall 18 be filed. Any application that seeks to file documents under seal in their entirety 19 should include an explanation of why redaction is not feasible. 20 2. DEFINITIONS 21 2.1 Action: the above–captioned case. 22 2.2 Challenging Party: a Party or Non–Party that challenges the designation 23 of information or items under this Order. 24 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 25 how it is generated, stored or maintained) or tangible things that qualify for protection 26 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 27 Cause Statement. Materials designated “CONFIDENTIAL” shall be treated as 1 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 2 their support staff, including regular or temporary employees and service vendors of 3 such Counsel). 4 2.5 Designating Party: a Party or Non–Party that designates information or 5 items produced in disclosures or in responses to discovery as “CONFIDENTIAL” or 6 “HIGHLY CONFIDENTIAL-AEO.” 7 2.6 Disclosure or Discovery Material: all items or information, regardless 8 of the medium or manner in which it is generated, stored, or maintained (including, 9 among other things, testimony, transcripts, and tangible things), that are produced or 10 generated in disclosures or responses to discovery in this matter. 11 2.7 Expert: a person with specialized knowledge or experience in a matter 12 pertinent to the litigation who has been retained by a Party or its counsel to serve as 13 an expert witness or as a consultant in this Action (as well as the Expert’s support 14 staff). 15 2.8 “HIGHLY CONFIDENTIAL-AEO” Information or Items: extremely 16 sensitive “Confidential Information or Items,” the disclosure of which to another 17 Party or Non-Party would create a substantial risk of serious and irremediable harm 18 to the Producing Party. Materials designated “HIGHLY CONFIDENTIAL-AEO” 19 shall be treated as Highly Confidential Information, subject to the provisions set forth 20 in this Order. 21 2.9 House Counsel: attorneys who are employees of a party to this Action. 22 House Counsel does not include Outside Counsel of Record or any other outside 23 counsel. 24 2.10 Non–Party: any natural person, partnership, corporation, association or 25 other legal entity not named as a Party to this Action. 26 2.11 Outside Counsel of Record: attorneys who are not employees of a party 27 to this Action but are retained to represent or advise a party to this Action and have 1 has appeared on behalf of that party, including support staff, regular or temporary 2 employees, and service vendors. 3 2.12 Party: any named party to this Action, including all of its officers, 4 directors, employees, consultants or advisors assisting the party in this Action, 5 retained experts, and Outside Counsel of Record (and their support staffs). 6 2.13 Producing Party: a Party or Non–Party that produces Disclosure or 7 Discovery Material in this Action. 8 2.14 Professional Vendors: persons or entities engaged by a Party (through 9 Outside Counsel of Record or otherwise) that provide litigation support services in 10 this Action (e.g., photocopying, videotaping, translating, preparing exhibits or 11 demonstrations, and organizing, storing, or retrieving data in any form or medium) 12 and their employees and subcontractors. 13 2.15 Protected Material: any Disclosure or Discovery Material that is 14 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-AEO.” 15 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 16 from a Producing Party. 17 2.17 Related Actions: The following listed cases: 18 (a) Liang Huaji v. Yan Jinggang, et al., Orange County Superior Court Case 19 No. 30-2023-01333248-CU-MC-CXC (filed June 22, 2023). 20 (b) Liang Huaji v. Yan Jinggang, Orange County Superior Court Case No. 30- 21 2024-01393974-CU-EN-CJC (filed April 15, 2024). 22 (c) Zhuhai Yangliushu Industrial Development Co., Ltd. v. Yan Jinggang, et al., 23 Orange County Superior Court Case No. 30-2024-01414940-CU-MC-CXC (filed 24 July 26, 2024). 25 3. SCOPE 26 The protections conferred by this Stipulation and Order cover not only 27 Protected Material (as defined above), but also (1) any information copied or 1 compilations of Protected Material; and (3) any testimony, conversations, or 2 presentations by Parties or their Counsel that might reveal Protected Material. 3 4. DURATION 4 Even after final disposition of this Action, the confidentiality obligations 5 imposed by this Order shall remain in effect until a Designating Party agrees 6 otherwise in writing or a court order directs otherwise. Final disposition shall be 7 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 8 or without prejudice; and (2) full satisfaction of the final judgment herein after the 9 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of 10 this Action, including the time limits for filing any motions or applications for 11 extension of time pursuant to applicable law. 12 5. DESIGNATING PROTECTED MATERIAL 13 5.1 Exercise of Restraint and Care in Designating Material for Protection. 14 Each Party or Non–Party that designates information or items for protection under 15 this Order must take care to limit any such designation to specific material that 16 qualifies under the appropriate standards. The Designating Party must designate for 17 protection only the material, documents, items or oral or written communications that 18 qualify so that other material, documents, items or communications for which 19 protection is not warranted are not swept unjustifiably within the ambit of this Order. 20 Mass, indiscriminate or routinized designations are prohibited. Designations 21 that are shown to be clearly unjustified or that have been made for an improper 22 purpose (e.g., to unnecessarily encumber the case development process or to impose 23 unnecessary expenses and burdens on other parties) may expose the Designating Party 24 to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it 26 designated for protection do not qualify for protection, that Designating Party should 27 promptly notify all other Parties that it is withdrawing the inapplicable designation. 1 this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material 2 that qualifies for protection under this Order must be clearly so designated at the time 3 the material is disclosed or produced. 4 Designation in conformity with this Order requires: 5 (a) for information in documentary form (e.g., paper or electronic documents, 6 but excluding transcripts of depositions), that the Producing Party affix at a minimum, 7 the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-AEO,” as the case 8 may be, on each page that contains protected material. If only a portion of the material 9 on a page qualifies for protection, the Producing Party also must clearly identify the 10 protected portion(s) (e.g., by making appropriate markings in the margins). Material 11 produced in native format (including but not limited to material produced in Excel) 12 containing Protected Information shall be designated by (i) producing a TIFF (or 13 similar electronic) placeholder image corresponding to the native material that 14 includes the “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-AEO” legend and 15 (ii) including “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-AEO” in the file 16 name of the native material, where practicable. 17 (b) for testimony given in deposition or debtor’s examination, that the 18 Designating Party identify it as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- 19 AEO” within ten (10) days of the receipt of the final transcript of the deposition, 20 hearing, or other proceeding. Until expiration of the 10-day period, the entire 21 deposition or hearing transcript shall be treated as “HIGHLY CONFIDENTIAL- 22 AEO.” 23 (c) for information produced in some form other than documentary and for any 24 other tangible items, that the Producing Party affix in a prominent place on the exterior 25 of the container or containers in which the information is stored the legend 26 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-AEO,” as the case may be. 27 (d) for information produced by a third party, materials may be designated 1 Action. 2 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 3 failure to designate qualified information or items does not, standing alone, waive the 4 Designating Party’s right to secure protection under this Order for such material. 5 In the event that any Disclosure or Discovery Material is inadvertently 6 produced without a “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-AEO” 7 designation, the Party that inadvertently produced the document shall give written 8 notice of such inadvertent production within ten (10) days of discovery of the 9 inadvertent production, together with a further copy of the subject Disclosure or 10 Discovery Material designated as “CONFIDENTIAL” or “HIGHLY 11 CONFIDENTIAL-AEO,” as the case may be (the “Inadvertent Production Notice”). 12 Upon receipt of such Inadvertent Production Notice, the Party that received the 13 inadvertently produced Disclosure or Discovery Material shall promptly destroy the 14 inadvertently produced Disclosure or Discovery Material and all copies thereof, or, at 15 the expense of the Producing Party, return such together with all copies of such 16 Disclosure or Discovery Material to counsel for the Producing Party and shall retain 17 only the “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-AEO” materials. 18 Should the Receiving Party choose to destroy such inadvertently produced Disclosure 19 or Discovery Material, the Receiving Party shall notify the Producing Party in writing 20 of such destruction within ten (10) days of receipt of written notice of the inadvertent 21 production. This provision is not intended to apply to any inadvertent production of 22 any Disclosure or Discovery Material protected by attorney-client or work product 23 privileges, which is addressed specifically in Section 11 below. In the event that this 24 provision conflicts with any applicable law regarding waiver of confidentiality 25 through the inadvertent production of Documents, Testimony or Information, such 26 law shall govern. 27 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 1 designation of confidentiality at any time that is consistent with the Court’s 2 Scheduling Order. 3 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 4 resolution process under Local Rule 37–1 et seq. 5 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 6 joint stipulation pursuant to Local Rule 37–2. 7 6.4 Procedure. The burden of persuasion in any such challenge proceeding 8 shall be on the Designating Party. Frivolous challenges, and those made for an 9 improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 10 other parties) may expose the Challenging Party to sanctions. Unless the Designating 11 Party has waived or withdrawn the confidentiality designation, all parties shall 12 continue to afford the material in question the level of protection to which it is entitled 13 under the Producing Party’s designation until the Court rules on the challenge. 14 7. ACCESS TO AND USE OF PROTECTED MATERIAL 15 7.1 Basic Principles. A Receiving Party may use Protected Material, that is 16 disclosed or produced by another Party or by a Non–Party in connection with this 17 Action and the Related Actions only, for prosecuting, defending or attempting to settle 18 such actions. Such Protected Material may be disclosed only to the categories of 19 persons and under the conditions described in this Order. When the Action has been 20 terminated, a Receiving Party must comply with the provisions of section 13 below 21 (FINAL DISPOSITION). Protected Material must be stored and maintained by a 22 Receiving Party in a secure manner that ensures that access is limited to the persons 23 authorized under this Order. 24 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 25 otherwise ordered by the Court or permitted in writing by the Designating Party, a 26 Receiving Party may disclose any information or item designated 27 “CONFIDENTIAL” only to: 1 employees of said Outside Counsel of Record to whom it is reasonably necessary to 2 disclose the information for this Action; 3 (b) the officers, directors, employees, and consultants or advisors assisting in 4 this Action (including House Counsel) of the Receiving Party (where applicable) to 5 whom disclosure is reasonably necessary for this Action; 6 (c) Experts (as defined in this Order) of the Receiving Party, as well as 7 employees of said Experts, to whom disclosure is reasonably necessary for this Action 8 and who have signed the “Acknowledgment and Agreement to Be Bound” 9 (Exhibit A); 10 (d) the Court and its personnel; 11 (e) court reporters, stenographers, or videographers who record testimony in 12 connection with this Action; 13 (f) the author or recipient of a document containing the information or a 14 custodian or other person who otherwise possessed or knew the information; 15 (g) witnesses, noticed or subpoenaed, either at a deposition, debtor’s 16 examination, through other Discovery Requests, through post-judgment enforcement 17 procedures, or in court proceedings, and the witness’s counsel, to the extent that such 18 disclosure is reasonably necessary for the proceedings or the resolution of this Action, 19 provided: (1) the deposing or examining party requests that the witness sign the form 20 attached as Exhibit A hereto; and (2) the witness and his or her attorneys will not be 21 permitted to keep any confidential information unless they sign the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 23 agreed by the Designating Party or ordered by the Court. Pages of transcribed 24 deposition testimony or exhibits to depositions that reveal Protected Material may be 25 separately bound by the court reporter and may not be disclosed to anyone except as 26 permitted under this Stipulated Protective Order; and 27 (h) any mediator or settlement officer, and their supporting personnel, mutually 1 the Court. 2 7.3 Disclosure of “HIGHLY CONFIDENTIAL-AEO” Information or Items. 3 Unless otherwise ordered by the Court or permitted in writing by the Designating 4 Party, a Receiving Party may disclose any information or item designated “HIGHLY 5 CONFIDENTIAL-AEO” only to: 6 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 7 employees of said Outside Counsel of Record to whom it is reasonably necessary to 8 disclose the information for this Action; 9 (b) Experts (as defined in this Order) of the Receiving Party, as well as 10 employees of said Experts, to whom disclosure is reasonably necessary for this Action 11 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 12 A); 13 (c) the Court and its personnel; 14 (d) court reporters and their staff, professional jury or trial consultants, mock 15 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 16 Action and who have signed the “Acknowledgment and Agreement to Be Bound” 17 (Exhibit A); 18 (e) the author or recipient of a document containing the information or a 19 custodian or other person who otherwise possessed or knew the information; 20 (f) witnesses being questioned, either at a deposition, debtor’s examination, or 21 in court proceedings, and the witnesses’ counsel, where the witness is indicated on 22 the face of the document to have been an author, addressee, or copy recipient thereof, 23 an actual or intended recipient thereof, or in the case of meeting minutes, an attendee 24 of the meeting, in each case only to the extent such disclosure is reasonably necessary 25 for the proceedings or the resolution of this Action, provided that the witness has 26 signed or agreed on the record to sign a Declaration in the form of Exhibit A provided 27 hereto. Those witnesses and their counsel who are shown “HIGHLY 1 7.4 Disclosure for use in Related Actions. A Receiving Party may share 2 Disclosure and Discovery Material, including Protected Material, subject to the same 3 designations and protections, with a party to the Related Actions. Such shared 4 Disclosure and Discovery Material, including Protected Material, shall be subject to 5 this Order and treated as designated under this Order until a protective order is agreed 6 upon and entered by the court in the Related Actions. Any Parties or counsel to both 7 this Action and the Related Actions agree to work expeditiously to ensure similar 8 protective orders are implemented in the Related Actions without delay. 9 If a Producing Party believes that sharing any particular Disclosure or 10 Discovery Material, including Protected Material, with a party to the Related Actions 11 would be extraordinarily prejudicial, the Producing Party, at the time of production, 12 may notify the Receiving Party that the particular Disclosure or Discovery Material, 13 including Protected Material, is designated as “Highly Confidential – AEO” for 14 purposes of the Related Actions (regardless of its designation in this Action) and such 15 material shall be subject to this Order and all of its provisions regarding handling of 16 material so designated until such time as it is governed by a protective order in the 17 Related Action. 18 If a Producing Party believes that use of a particular Disclosure or Discovery 19 Material in a Related Action, even if designated “Highly Confidential – AEO,” would 20 cause undue risk of business, competitive or personal harm and should not be 21 disclosed in the Related Actions even to the recipients authorized to receive 22 information designated “Highly Confidential - AEO,” it may so notify the Receiving 23 Party at the time of production by adding a designation to the disclosure of “Not For 24 Use In Related Actions.” If the Receiving Party disagrees with such designation, the 25 Receiving Party may challenge discoverability in the relevant related action. Until 26 such challenge is resolved, the Receiving Party shall refrain from disclosing the 27 designated materials in the Related Actions in any way that is not a permitted use of 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 2 PRODUCED IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in another litigation 4 or proceeding that compels disclosure of any information or items designated in this 5 Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-AEO” that Party 6 must: 7 (a) promptly notify in writing the Designating Party, and, if different, the 8 Producing Party. Such notification shall include a copy of the subpoena or court 9 order; 10 (b) promptly notify in writing the party who caused the subpoena or order to 11 issue in the other litigation that some or all of the material covered by the subpoena 12 or order is subject to this Protective Order. Such notification shall include a copy of 13 this Protective Order; and 14 (c) cooperate with respect to all reasonable procedures sought to be pursued by 15 the Designating Party whose Protected Material may be 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 “HIGHLY CONFIDENTIAL-AEO” before a 19 determination by the court or other authorized body from which the subpoena or order 20 issued, unless the Party has obtained the Designating Party’s permission. The 21 Designating Party shall bear the burden and expense of seeking protection in that court 22 or forum of its confidential material, and nothing in these provisions should be 23 construed as authorizing or encouraging a Receiving Party in this Action to disobey a 24 lawful directive from another court. 25 9. A NON–PARTY’S PROTECTED MATERIAL SOUGHT TO BE 26 PRODUCED IN THIS LITIGATION 27 (a) The terms of this Order are applicable to information produced by a Non– 1 CONFIDENTIAL-AEO.” Such information produced by Non–Parties in connection 2 with this Action is protected by the remedies and relief provided by this Order. 3 Nothing in these provisions should be construed as prohibiting a Non–Party from 4 seeking additional protections. 5 (b) In the event that a Party is required, by a valid discovery request, to produce 6 a Non–Party’s confidential information in its possession, and the Party is subject to 7 an agreement with the Non–Party not to produce the Non–Party’s confidential 8 information, then the Party shall: 9 1) promptly notify in writing the Requesting Party and the Non–Party 10 that some or all of the information requested is subject to a confidentiality agreement 11 with a Non–Party; 12 2) promptly notify in writing the Requesting Party and the Non–Party 13 that some or all of the information requested is subject to a confidentiality agreement 14 with a Non–Party; 15 3) make the information requested available for inspection by the Non– 16 Party, if requested. 17 (c) If the Non–Party fails to seek a protective order from this Court within 18 fourteen (14) days of receiving the notice and accompanying information, the 19 Receiving Party may produce the Non–Party’s confidential information responsive to 20 the discovery request. If the Non–Party timely seeks a protective order, the Receiving 21 Party shall not produce any information in its possession or control that is subject to 22 the confidentiality agreement with the Non–Party before a determination by the Court. 23 Absent a court order to the contrary, the Non–Party shall bear the burden and expense 24 of seeking protection in this Court of its Protected Material. 25 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 26 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 27 Protected Material to any person or in any circumstance not authorized under this 1 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 2 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 3 persons to whom unauthorized disclosures were made of all the terms of this Order, 4 and (d) request such person or persons to execute the “Acknowledgment and 5 Agreement to Be Bound” that is attached hereto as Exhibit A. 6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 7 PROTECTED MATERIAL 8 If Disclosure or Discovery Material or other information subject to a claim of 9 attorney-client privilege, work-product immunity, or any other applicable claim of 10 privilege or immunity is inadvertently produced or otherwise disclosed to any Party 11 or Non-Party, such production or disclosure shall in no way prejudice or otherwise 12 constitute a waiver of, or estoppel as to, any claim of privilege or immunity for such 13 Disclosure or Discovery Material or other information. Disclosure or Discovery 14 Material or other information subject to a claim of privilege or immunity must be 15 returned as soon as it is discovered, without any need to show the production was 16 inadvertent. The Receiving Party shall not use the inadvertently produced Disclosure 17 or Discovery Material or other information for any purpose. 18 Upon request by the Producing Party pursuant to this Section, the Receiving 19 Party shall make no further use of the information, shall immediately segregate the 20 information in a manner that will prevent any further disclosure or dissemination, and 21 shall take reasonable steps to retrieve the information to the extent it was disclosed or 22 disseminated prior to receipt of the notice. Within ten (10) business days of receiving 23 the notice of inadvertent disclosure, the Receiving Party shall take reasonable steps to 24 return all information in its possession, custody, or control that the Designating Party 25 believes is protected, or shall provide written confirmation that such information has 26 been deleted. The Receiving Party’s reasonable steps shall not require the return or 27 destruction of information that is stored on backup storage media made in accordance 1 This order shall be interpreted to provide the maximum protection allowed by 2 Rule 502(d) of the Federal Rules of Evidence. Nothing contained herein is intended 3 to or shall serve to limit a party’s right to conduct a review of documents, ESI, or 4 information (including metadata) for relevance, responsiveness, and/or segregation of 5 privileged and/or protected information before production. 6 12. MISCELLANEOUS 7 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 8 person to seek its modification by the Court in the future. 9 12.2 Right to Assert Other Objections. By stipulating to the entry of this 10 Protective Order, no Party waives any right it otherwise would have to object to 11 disclosing or producing any information or item on any ground not addressed in this 12 Stipulated Protective Order. Similarly, no Party waives any right to object on any 13 ground to use in evidence of any of the material covered by this Protective Order. 14 12.3 Filing Protected Material. A Party that seeks to file under seal any 15 Protected Material must comply with Local Civil Rule 79–5. Protected Material may 16 only be filed under seal pursuant to a Court order authorizing the sealing of the 17 specific Protected Material at issue. If a Party’s request to file Protected Material 18 under seal is denied by the Court, then the Receiving Party may file the information 19 in the public record unless otherwise instructed by the Court. 20 13. FINAL DISPOSITION 21 After the Final Disposition of this Action, as defined in Section 4, within sixty 22 (60) days of a written request by the Designating Party, each Receiving Party must 23 return all Protected Material to the Producing Party or destroy such material. As used 24 in this subdivision, “all Protected Material” includes all copies, abstracts, 25 compilations, summaries, and any other format reproducing or capturing any of the 26 Protected Material. Whether the Protected Material is returned or destroyed, the 27 Receiving Party must submit a written certification to the Producing Party (and, if not 1 (1) identifies (by category, where appropriate) all the Protected Material that was 2 returned or destroyed and (2) affirms that the Receiving Party has not retained any 3 copies, abstracts, compilations, summaries or any other format reproducing or 4 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 5 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 6 and hearing transcripts, legal memoranda, correspondence, deposition exhibits, 7 expert reports, attorney work product, and consultant and expert work product, even 8 if such materials contain Protected Material. Any such archival copies that contain or 9 constitute Protected Material remain subject to this Protective Order as set forth in 10 Section 4. 11 14. VIOLATION 12 Any violation of this Order may be punished by appropriate measures 13 including, without limitation, contempt proceedings and/or monetary sanctions. 14 15. MODIFICATIONS 15 This Order may be amended and superseded by any subsequent order of the 16 Court—on the Court’s own motion, upon the stipulation of the Parties, or on other 17 grounds that are appropriate under applicable law. 18 19 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 ______________ _________________________________________ 21 DATED: October 3, 2024 /s/ Autumn D. Spaeth THE HON. AUTUMN D. SPAETH 22 United States Magistrate Judge 23 24 25 26 27 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ______________________________________________[print or type full 4 name], of ____________________________________________[print or type full 5 address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on _____, 20__ in the case of 8 Zhongtie Dacheng (Zhuhai) Investment Management Co Ltd v. Jinggang Yan, et al., 9 Case No. 8:22-cv-00461-KK-ADS . I agree to comply with and to be bound by all 10 the terms of this Stipulated Protective Order, and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any information 13 or item that is subject to this Stipulated Protective Order to any person or entity except 14 in strict compliance with the provisions of this Order. I further agree to submit to the 15 jurisdiction of the United States District Court for the Central District of California 16 for enforcing the terms of this Stipulated Protective Order, even if such enforcement 17 proceedings occur after termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: __________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ 27