Jonas Jodicke v. Defendants

[1] Scott P. Shaw (SBN 223592) Scott A. Burroughs (SBN 235718) 2 SShaw@merchantgould.com scott@donigerlawfirm.com Morgan E. Pietz (SBN 260629) Andres Navarro (SBN 358499) [3] MPietz@merchantgould.com anavarro@donigerlawfirm.com 4 MERCHANT & GOULD LLP DONIGER / BURROUGHS 6700 S. Centinela Ave, 2nd Floor 603 Rose Avenue [5] Los Angeles, California 90230 Venice, California 90291 6 Telephone: (949) 330-0202 Telephone: (310) 590-1820 [7] Attorneys for Defendants1 Attorneys for Plaintiff [11] UNITED STATES DISTRICT COURT [12] CENTRAL DISTRICT OF CALIFORNIA [14] Case No. 2:25-cv-01953-CV-SSC 15 JONAS JODICKE, Hon. Stephanie S. Christensen 16 Plaintiff, 17 v. 18 STIPULATED PROTECTIVE ORDER2 19 ZOETOP BUSINESS CO., LTD., 20 et al., 21 Defendants. [25] 26 1 Additional attorneys for Defendants are listed on the following page. [27] 2 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Stephanie S. 1 James W. Beard (SBN 267242) JBeard@merchantgould.com [2] MERCHANT & GOULD P.C.3 [3] 1125 17th Street, Suite 1550 4 Denver, CO 80202 5 Telephone (303) 357-1189 [6] Benjamin L. Dooley (admitted pro hac vice) [7] BDooley@merchantgould.com 8 MERCHANT & GOULD P.C. 9 800 S. Gay Street, Suite 2150 Knoxville, TN 37929 [10] Telephone (865) 380-5971 [11] 12 Additional Attorneys for Defendants [27] 1 1. INTRODUCTION 2 1.1 Purposes and Limitations. Discovery in this action is likely to 3 involve production of confidential, proprietary, or private information for 4 which special protection from public disclosure and from use for any 5 purpose other than prosecuting this litigation may be warranted. 6 Accordingly, the parties hereby stipulate to and petition the court to 7 enter the following Stipulated Protective Order. The parties [8] acknowledge that this Order does not confer blanket protections on all [9] disclosures or responses to discovery and that the protection it affords [10] from public disclosure and use extends only to the limited information or [11] items that are entitled to confidential treatment under the applicable [12] legal principles. [13] 1.2 Good Cause Statement. [14] This action is likely to involve confidential records, customer and [15] pricing lists and other valuable research, development, commercial, [16] financial, technical and/or proprietary information for which special [17] protection from public disclosure and from use for any purpose other [18] than prosecution of this action is warranted. Such confidential and [19] proprietary materials and information consist of, among other things, [20] confidential business or financial information, information regarding [21] 22 confidential business practices, or other confidential research, 23 development, or commercial information (including information 24 implicating privacy rights of third parties), information otherwise 25 generally unavailable to the public, or which may be privileged or 26 otherwise protected from disclosure under state or federal statutes, court 27 rules, case decisions, or common law. Accordingly, to expedite the flow of 1 confidentiality of discovery materials, to adequately protect information 2 the parties are entitled to keep confidential, to ensure that the parties 3 are permitted reasonable necessary uses of such material in preparation 4 for and in the conduct of trial, to address their handling at the end of the 5 litigation, and serve the ends of justice, a protective order for such 6 information is justified in this matter. It is the intent of the parties that 7 information will not be designated as confidential for tactical reasons [8] and that nothing be so designated without a good faith belief that it has [9] been maintained in a confidential, non-public manner, and there is good [10] cause why it should not be part of the public record of this case. [11] 1.3 Acknowledgment of Procedure for Filing Under Seal. The [12] parties further acknowledge, as set forth in Section 12.3, below, that this [13] Stipulated Protective Order does not entitle them to file confidential [14] information under seal; Local Rule 79-5 sets forth the procedures that [15] must be followed and the standards that will be applied when a party [16] seeks permission from the court to file material under seal. [17] There is a strong presumption that the public has a right of access [18] to judicial proceedings and records in civil cases. In connection with [19] non-dispositive motions, good cause must be shown to support a filing [20] under seal. See Kamakana v. City and Cnty. of Honolulu, 447 F.3d 21 22 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd v. Gen. Motors 23 Corp., 307 F.3d 1206 , 1210–11 (9th Cir. 2002), Makar-Welbon v. Sony 24 Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 25 protective orders require good cause showing), and a specific showing of 26 good cause or compelling reasons with proper evidentiary support and 27 legal justification, must be made with respect to Protected Material that 1 Disclosure or Discovery Material as CONFIDENTIAL does not— 2 without the submission of competent evidence by declaration, 3 establishing that the material sought to be filed under seal qualifies as 4 confidential, privileged, or otherwise protectable—constitute good cause. 5 Further, if a party requests sealing related to a dispositive motion 6 or trial, then compelling reasons, not only good cause, for the sealing 7 must be shown, and the relief sought shall be narrowly tailored to serve [8] the specific interest to be protected. See Pintos v. Pac. Creditors Ass’n, [9] 605 F.3d 665 , 677–79 (9th Cir. 2010). For each item or type of [10] information, document, or thing sought to be filed or introduced under [11] seal in connection with a dispositive motion or trial, the party seeking [12] protection must articulate compelling reasons, supported by specific [13] facts and legal justification, for the requested sealing order. Again, [14] competent evidence supporting the application to file documents under [15] seal must be provided by declaration. [16] Any document that is not confidential, privileged, or otherwise [17] protectable in its entirety will not be filed under seal if the confidential [18] portions can be redacted. If documents can be redacted, then a redacted [19] version for public viewing, omitting only the confidential, privileged, or [20] otherwise protectable portions of the document, shall be filed. Any [21] 22 application that seeks to file documents under seal in their entirety 23 should include an explanation of why redaction is not feasible. [24] 25 2. DEFINITIONS 26 2.1 Action: the above-captioned pending federal lawsuit. [27] 2.2 Challenging Party: a Party or Non-Party that challenges the 1 designation of information or items under this Order. 2 2.3 “CONFIDENTIAL” Information or Items: information 3 (regardless of how it is generated, stored or maintained) or tangible 4 things that qualify for protection under Rule 26(c) of the Federal Rules of 5 Civil Procedure, and as specified above in the Good Cause Statement. 6 2.4 Counsel: Outside Counsel of Record and House Counsel (as 7 well as their support staff). [8] 2.5 Designating Party: a Party or Non-Party that designates [9] information or items that it produces in disclosures or in responses to [10] discovery as “CONFIDENTIAL.” [11] 2.6 Disclosure or Discovery Material: all items or information, [12] regardless of the medium or manner in which it is generated, stored, or [13] maintained (including, among other things, testimony, transcripts, and [14] tangible things), that are produced or generated in disclosures or [15] responses to discovery in this matter. [16] 2.7 Expert: a person with specialized knowledge or experience in [17] a matter pertinent to the litigation who has been retained by a Party or [18] its counsel to serve as an expert witness or as a consultant in this Action. [19] 2.8 Final Disposition: the later of (1) dismissal of all claims and [20] defenses in this Action, with or without prejudice; and (2) final judgment [21] 22 herein after the completion and exhaustion of all appeals, rehearings, 23 remands, trials, or reviews of this Action, including the time limits for 24 filing any motions or applications for extension of time pursuant to 25 applicable law. 26 2.9 In-House Counsel: attorneys who are employees of a party to 27 this Action. In-House Counsel does not include Outside Counsel of 1 2.10 Non-Party: any natural person, partnership, corporation, 2 association, or other legal entity not named as a Party to this action. 3 2.11 Outside Counsel of Record: attorneys who are not employees 4 of a party to this Action but are retained to represent or advise a party to 5 this Action and have appeared in this Action on behalf of that party or 6 are affiliated with a law firm which has appeared on behalf of that party, 7 and includes support staff. [8] 2.12 Party: any party to this Action, including all of its officers, [9] directors, employees, consultants, retained experts, and Outside Counsel [10] of Record (and their support staffs). [11] 2.13 Producing Party: a Party or Non-Party that produces [12] Disclosure or Discovery Material in this Action. [13] 2.14 Professional Vendors: persons or entities that provide [14] litigation- support services (e.g., photocopying, videotaping, translating, [15] preparing exhibits or demonstrations, and organizing, storing, or [16] retrieving data in any form or medium) and their employees and [17] subcontractors. [18] 2.15 Protected Material: any Disclosure or Discovery Material that [19] is designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- [20] ATTORNEYS’ EYES ONLY.” [21] 22 2.16 Receiving Party: a Party that receives Disclosure or Discovery 23 Material from a Producing Party. [24] 25 3. SCOPE [26] The protections conferred by this Stipulation and Order cover not [27] only Protected Material (as defined above), but also (1) any information 1 copied or extracted from Protected Material; (2) all copies, excerpts, 2 summaries, or compilations of Protected Material; and (3) any 3 testimony, conversations, or presentations by Parties or their Counsel 4 that might reveal Protected Material. 5 Any use of Protected Material at trial shall be governed by the 6 orders of the trial judge. This Stipulated Protective Order does not 7 govern the use of Protected Material at trial. [9] 4. TRIAL AND DURATION [10] The terms of this Stipulated Protective Order apply through Final [11] Disposition of the Action. Once a case proceeds to trial, information that [12] was designated as CONFIDENTIAL or maintained pursuant to this [13] Stipulated Protective Order and used or introduced as an exhibit at trial [14] becomes public and will be presumptively available to all members of [15] the public, including the press, unless compelling reasons supported by [16] specific factual findings to proceed otherwise are made to the trial judge [17] 18 in advance of the trial. See Kamakana, 447 F.3d at 1180–81 19 (distinguishing “good cause” showing for sealing documents produced in 20 discovery from “compelling reasons” standard when merits-related 21 documents are part of court record). Accordingly, for such materials, the 22 terms of this Stipulated Protective Order do not extend beyond the 23 commencement of the trial. 24 Even after Final Disposition of this litigation, the confidentiality 25 obligations imposed by this Stipulated Protective Order shall remain in 26 effect until a Designating Party agrees otherwise in writing or a court [27] order otherwise directs. Final disposition shall be deemed to be the later 1 of (1) dismissal of all claims and defenses in this Action, with or without 2 prejudice; and (2) final judgment herein after the completion and 3 exhaustion of all appeals, rehearings, remands, trials, or reviews of this 4 Action, including the time limits for filing any motions or applications 5 for extension of time pursuant to applicable law. [6] 7 5. DESIGNATING PROTECTED MATERIAL [8] 5.1 Exercise of Restraint and Care in Designating Material for [9] Protection. Each Party or Non-Party that designates information or [10] items for protection under this Order must take care to limit any such [11] designation to specific material that qualifies under the appropriate [12] standards. The Designating Party must designate for protection only [13] those parts of material, documents, items, or oral or written [14] communications that qualify so that other portions of the material, [15] documents, items, or communications for which protection is not [16] warranted are not swept unjustifiably within the ambit of this Order. [17] 18 Mass, indiscriminate, or routinized designations are prohibited. 19 Designations that are shown to be clearly unjustified or that have been 20 made for an improper purpose (e.g., to unnecessarily encumber the case 21 development process or to impose unnecessary expenses and burdens on 22 other parties) may expose the Designating Party to sanctions. 23 If it comes to a Designating Party’s attention that information or 24 items that it designated for protection do not qualify for protection, that 25 Designating Party must promptly notify all other Parties that it is 26 withdrawing the inapplicable designation. [27] 5.2 Manner and Timing of Designations. Except as otherwise 1 provided in this Stipulated Protective Order (see, e.g., second paragraph 2 of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure 3 or Discovery Material that qualifies for protection under this Stipulated 4 Protective Order must be clearly so designated before the material is 5 disclosed or produced. 6 Designation in conformity with this Stipulated Protective Order 7 requires: [8] (a) for information in documentary form (e.g., paper or electronic [9] documents, but excluding transcripts of depositions or other pretrial or [10] trial proceedings), that the Producing Party affix at a minimum, the [11] legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- [12] ATTORNEYS’ EYES ONLY” to each page that contains protected [13] material. If only a portion or portions of the material on a page [14] qualifies for protection, the Producing Party also must clearly identify [15] the protected portion(s) (e.g., by making appropriate markings in the [16] margins). [17] A Party or Non-Party that makes original documents available for [18] inspection need not designate them for protection until after the [19] inspecting Party has indicated which documents it would like copied [20] 21 and produced. During the inspection and before the designation, all of 22 the material made available for inspection shall be deemed 23 CONFIDENTIAL. After the inspecting Party has identified the 24 documents it wants copied and produced, the Producing Party must 25 determine which documents, or portions thereof, qualify for protection 26 under this Stipulated Protective Order. Then, before producing the 27 specified documents, the Producing Party must affix the 1 EYES ONLY” legend to each page that contains Protected Material. If 2 only a portion or portions of the material on a page qualifies for 3 protection, the Producing Party also must clearly identify the protected 4 portion(s) (e.g., by making appropriate markings in the margins). 5 (b) for testimony given in depositions that the Designating Party 6 identify the Disclosure or Discovery Material on the record, before the 7 close of the deposition all protected testimony. [8] (c) for information produced in some form other than [9] documentary and for any other tangible items, that the Producing Party [10] affix in a prominent place on the exterior of the container or containers [11] in which the information is stored the “CONFIDENTIAL” or “HIGHLY [12] CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” legend. If only a [13] portion or portions of the information warrants protection, the Producing [14] Party, to the extent practicable, shall identify the protected portion(s). [15] 5.3 Inadvertent Failures to Designate. If timely corrected, an [16] inadvertent failure to designate qualified information or items does not, [17] 18 standing alone, waive the Designating Party’s right to secure protection 19 under this Order for such material. Upon timely correction of a 20 designation, the Receiving Party must make reasonable efforts to assure 21 that the material is treated in accordance with the provisions of this 22 Stipulated Protective Order. [23] 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS [25] 6.1 Timing of Challenges. Any Party or Non-Party may [26] challenge a designation of confidentiality at any time that is consistent [27] with the court’s Scheduling Order. 1 6.2 Meet and Confer. The Challenging Party shall initiate the 2 dispute resolution process under Local Rule 37.1 et seq. and with 3 Section 2 of Judge Christensen’s Civil Procedures titled “Brief Pre4 Discovery Motion Conference.”4 5 6.3 The burden of persuasion in any such challenge proceeding 6 shall be on the Designating Party. Frivolous challenges, and those 7 made for an improper purpose (e.g., to harass or impose unnecessary [8] expenses and burdens on other parties) may expose the Challenging [9] Party to sanctions. Unless the Designating Party has waived or [10] withdrawn the confidentiality designation, all parties shall continue to [11] afford the material in question the level of protection to which it is [12] entitled under the Producing Party’s designation until the court rules on [13] the challenge. [15] 7. ACCESS TO AND USE OF PROTECTED MATERIAL [16] 17 7.1 Basic Principles. A Receiving Party may use Protected 18 Material that is disclosed or produced by another Party or by a Non19 Party in connection with this Action only for prosecuting, defending, or 20 attempting to settle this Action. Such Protected Material may be 21 disclosed only to the categories of persons and under the conditions 22 described in this Order. When the Action reaches a Final Disposition, a 23 Receiving Party must comply with the provisions of section 13 below. 24 Protected Material must be stored and maintained by a Receiving 25 Party at a location and in a secure manner that ensures that access is [27] 4 Judge Christensen’s Procedures are available at 1 limited to the persons authorized under this Stipulated Protective 2 Order. 3 7.2 Disclosure of “CONFIDENTIAL” Information or Items. 4 Unless otherwise ordered by the court or permitted in writing by the 5 Designating Party, a Receiving Party may disclose any information or 6 item designated “CONFIDENTIAL” only: 7 (a) to the Receiving Party’s Outside Counsel of Record in this [8] Action, as well as employees of said Outside Counsel of Record to whom [9] it is reasonably necessary to disclose the information for this Action; [10] (b) to the officers, directors, and employees (including House [11] Counsel) of the Receiving Party to whom disclosure is reasonably [12] necessary for this Action; [13] (c) to Experts (as defined in this Order) of the Receiving Party to [14] whom disclosure is reasonably necessary for this Action and who have [15] signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); [16] (d) to the court and its personnel; [17] (e) to court reporters and their staff; [18] (f) to professional jury or trial consultants, mock jurors, and [19] Professional Vendors to whom disclosure is reasonably necessary for [20] this Action and who have signed the “Acknowledgment and Agreement [21] 22 to Be Bound” (Exhibit A); 23 (g) to the author or recipient of a document containing the 24 information or a custodian or other person who otherwise possessed or 25 knew the information; and 26 (h) during their depositions, to witnesses, and attorneys for 27 witnesses, in the Action to whom disclosure is reasonably necessary, 1 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (2) the 2 witness will not be permitted to keep any confidential information 3 unless they sign the “Acknowledgment and Agreement to Be Bound” 4 (Exhibit A), unless otherwise agreed by the Designating Party or 5 ordered by the court. Pages of transcribed deposition testimony or 6 exhibits to depositions that reveal Protected Material may be separately 7 bound by the court reporter and may not be disclosed to anyone except [8] as permitted under this Stipulated Protective Order; and [9] (i) to any mediator or settlement officer, and their supporting [10] personnel, mutually agreed upon by any of the parties engaged in [11] settlement discussions. [12] 7.3 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ [13] EYES ONLY” Information or Items. Unless otherwise ordered by the [14] court or permitted in writing by the Designating Party, a Receiving [15] Party may disclose any information or item designated “HIGHLY [16] CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” only to: [17] (a) to the Receiving Party’s Outside Counsel of Record in this [18] Action, as well as employees of said Outside Counsel of Record to whom [19] it is reasonably necessary to disclose the information for this Action; [21] (b) to Experts (as defined in this Order) of the Receiving Party to 22 whom disclosure is reasonably necessary for this Action and who have 23 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (c) to the court and its personnel; 25 (d) to court reporters and their staff; 26 (e) to professional jury or trial consultants, mock jurors, and 27 Professional Vendors to whom disclosure is reasonably necessary for 1 to Be Bound” (Exhibit A); 2 (f) to the author or recipient of a document containing the 3 information or a custodian or other person who otherwise possessed or 4 knew the information; and 5 (g) to any mediator or settlement officer, and their supporting 6 personnel, mutually agreed upon by any of the parties engaged in 7 settlement discussions. [8] 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED [9] PRODUCED IN OTHER LITIGATION [10] If a Party is served with a subpoena or a court order issued in [11] other litigation that compels disclosure of any information or items [12] designated in this Action as “CONFIDENTIAL” or “HIGHLY [13] CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that Party must: [14] 15 (a) promptly notify in writing the Designating Party. Such 16 notification shall include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the 18 subpoena or order to issue in the other litigation that some or all of the 19 material covered by the subpoena or order is subject to this Protective 20 Order. Such notification shall include a copy of this Stipulated 21 Protective Order; and 22 (c) cooperate with respect to all reasonable procedures sought to [23] be pursued by the Designating Party whose Protected Material may be [24] affected. [25] If the Designating Party timely seeks a protective order, the [26] Party served with the subpoena or court order shall not produce any [27] information designated in this action as “CONFIDENTIAL” or 1 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a 2 determination by the court from which the subpoena or order issued, 3 unless the Party has obtained the Designating Party’s permission. The 4 Designating Party shall bear the burden and expense of seeking 5 protection in that court of its confidential material and nothing in these 6 provisions should be construed as authorizing or encouraging a 7 Receiving Party in this Action to disobey a lawful directive from another [8] court. [10] 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE [11] PRODUCED IN THIS LITIGATION [12] 9.1 Application. The terms of this Stipulated Protective Order [13] are applicable to information produced by a Non-Party in this Action and [14] designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – [15] ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties [16] in connection with this litigation is protected by the remedies and relief [17] provided by this Order. Nothing in these provisions should be construed [18] as prohibiting a Non-Party from seeking additional protections. [19] 9.2 Notification. In the event that a Party is required, by a valid [20] 21 discovery request, to produce a Non-Party’s confidential information in 22 its possession, and the Party is subject to an agreement with the Non23 Party not to produce the Non-Party’s confidential information, then the 24 Party shall: 25 (a) promptly notify in writing the Requesting Party and the 26 Non-Party that some or all of the information requested is subject to a 27 confidentiality agreement with a Non-Party; 1 the Non-Party, if requested. 2 9.3 Conditions of Production. If the Non-Party fails to seek a 3 protective order from this court within 14 days of receiving the notice 4 and accompanying information, the Receiving Party may produce the 5 Non-Party’s confidential information responsive to the discovery request. 6 If the Non-Party timely seeks a protective order, the Receiving Party 7 shall not produce any information in its possession or control that is [8] subject to the confidentiality agreement with the Non-Party before a [9] determination by the court. Absent a court order to the contrary, the [10] Non-Party shall bear the burden and expense of seeking protection in [11] this court of its Protected Material. [13] 10. UNAUTHORIZED DISCLOSURE OF PROTECTED [14] MATERIAL [15] If a Receiving Party learns that, by inadvertence or otherwise, it [16] 17 has disclosed Protected Material to any person or in any circumstance 18 not authorized under this Stipulated Protective Order, the Receiving 19 Party must immediately (a) notify in writing the Designating Party of 20 the unauthorized disclosures, (b) use its best efforts to retrieve all 21 unauthorized copies of the Protected Material, (c) inform the person or 22 persons to whom unauthorized disclosures were made of all the terms of 23 this Order, and (d) request such person or persons to execute the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A). [26] 11. INADVERTENT PRODUCTION OF PRIVILEGED OR [27] OTHERWISE PROTECTED MATERIAL 1 When a Producing Party gives notice to Receiving Parties that 2 certain inadvertently produced material is subject to a claim of privilege 3 or other protection, the obligations of the Receiving Parties are those set 4 forth in Rule 26(b)(5)(B) of the Federal Rules of Civil Procedure. This 5 provision is not intended to modify whatever procedure may be 6 established in an e-discovery order that provides for production without 7 prior privilege review. Pursuant to Rules 502(d) and (e) of the Federal [8] Rules of Evidence, insofar as the parties reach an agreement on the [9] effect of disclosure of a communication or information covered by the [10] attorney-client privilege or work product protection, the parties may [11] incorporate their agreement in the stipulated protective order [12] submitted to the court. [1] 2 12. MISCELLANEOUS 3 12.1 Right to Further Relief. Nothing in this Stipulated [4] Protective Order abridges the right of any person to seek its [5] modification by the court in the future. [6] 12.2 Right to Assert Other Objections. By stipulating to the entry [7] of this Stipulated Protective Order no Party waives any right it [8] otherwise would have to object to disclosing or producing any [9] information or item on any ground not addressed in this Stipulated [10] Protective Order. Similarly, no Party waives any right to object on any [11] ground to use in evidence of any of the material covered by this [12] Stipulated Protective Order. [13] 12.3 Filing Protected Material. A Party that seeks to file under [14] seal any Protected Material must comply with Local Rule 79-5. [15] Protected Material may only be filed under seal pursuant to a court [16] order authorizing the sealing of the specific Protected Material at issue. [17] 18 If a Party's request to file Protected Material under seal is denied by the 19 court, then the Receiving Party may file the information in the public 20 record unless otherwise instructed by the court. [21] 22 13. FINAL DISPOSITION [27] 1 After the Final Disposition of this Action, as defined in Section 4, 2 within 60 days of a written request by the Designating Party, each 3 Receiving Party must return all Protected Material to the Producing 4 Party or destroy such material. As used in this subdivision, “all 5 Protected Material” includes all copies, abstracts, compilations, 6 summaries, and any other format reproducing or capturing any of the 7 Protected Material. Whether the Protected Material is returned or [8] destroyed, the Receiving Party must submit a written certification to [9] the Producing Party (and, if not the same person or entity, to the [10] Designating Party) by the 60 day deadline that (1) identifies (by [11] category, where appropriate) all the Protected Material that was [12] returned or destroyed and (2) affirms that the Receiving Party has not [13] retained any copies, abstracts, compilations, summaries or any other [14] format reproducing or capturing any of the Protected Material. [15] Notwithstanding this provision, Counsel is entitled to retain an archival [16] copy of all pleadings, motion papers, trial, deposition, and hearing [17] transcripts, legal memoranda, correspondence, deposition and trial [18] exhibits, expert reports, attorney work product, and consultant and [19] expert work product, even if such materials contain Protected Material. [20] Any such archival copies that contain or constitute Protected Material [21] 22 remain subject to this Protective Order as set forth in Section 4. 23 14. VIOLATION 24 Any violation of this Stipulated Protective Order may be punished 25 by any and all appropriate measures including, without limitation, 26 contempt proceedings and/or monetary sanctions. [27] 1 || ITISSO STIPULATED, THROUGH COUNSEL OF RECORD. [2] 3 DATED: November 26, 2025 /s/_ Scott A. Burroughs 4 Scott A. Burroughs 5 Andres Navarro 6 Attorneys for Plaintiffs [7] || DATED: November 26, 2025 /s/ Scott P. Shaw ° Scott P. Shaw 10 Morgan E. Pietz ll James W. Beard Benjamin L. Dooley [12] 13 Attorneys for Defendants [15] 16 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 17 Z-— 18 DATED: December 1, 2025 19 STEPHANIE 8. CHRISTENSEN United States Magistrate Judge [28] 1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND [3] I, ________________________ [print or type full name], of [4] _________________ [print or type full address], declare under [5] penalty of perjury that I have read in its entirety and understand the [6] Stipulated Protective Order that was issued by the United States [7] District Court for the Central District of California on [date] in the [8] case of __________ [insert formal name of the case and the [9] number and initials assigned to it by the court]. I agree to [10] comply with and to be bound by all the terms of this Stipulated [11] Protective Order and I understand and acknowledge that failure to so [12] 13 comply could expose me to sanctions and punishment in the nature of 14 contempt. I solemnly promise that I will not disclose in any manner 15 any information or item that is subject to this Stipulated Protective 16 Order to any person or entity except in strict compliance with the 17 provisions of this Order. 18 I further agree to submit to the jurisdiction of the United States 19 District Court for the Central District of California for the purpose of 20 enforcing the terms of this Stipulated Protective Order, even if such 21 enforcement proceedings occur after termination of this action. I [22] hereby appoint ________________________ [print or type full name] [23] of _________ [print or type full address and telephone number] as [27] 1 my California agent for service of process in connection with this action 2 or any proceedings related to enforcement of this Stipulated Protective 3 Order. [4] 5 Date: ___________________________ 6 City and State where sworn and 7 signed: ___________________________ [8] Printed name: ___________________________ [9] Signature: ___________________________