Alcon Entertainment, LLC v. Automobiles Peugeot SA

NOTE: CHANGES HAVE BEEN Edward M. Anderson (STATE BAR NO. 198183) See 4 12.4 below 2 Regina Yeh (STATE BAR NO. 266019) A4OT Wilshire Boulevard, 12" Floor 3 || Santa Monica, California 90401 Telephone: (310) 496-4270 Fax: (888) 744-0317 4 || edward @andersonyehlaw.com 5 regina @ andersonyehlaw.com Attorneys for Plaintiff 6 ALCON ENTERTAINMENT, LLC 7 || [Additional Counsel and Parties on Following Page] [8] 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA [11] 12 | ALCON ENTERTAINMENT, LLC, | CASE NO. 2:19-cv-00245 CJC (AFMx) a Delaware limited company, 13 Hon. Alexander F. MacKinnon — 4 Plaintiff, Magistrate Judge Vv. fPROPOSED} STIPULATED 15 PROTECTIVE ORDER! AUTOMOBILES PEUGEOT SA, a 16 || France societe anonyme; ISABEL SALAS MENDEZ, and _ individual; 17 | PUBLICIS MEDIA FRANCE, S.A., a France societé anonyme; PUBLICIS 18 || GROUPE, S.A., a France societé anonyme; HERVE MONTRON, an 19 || individual MAMOU SISSOKO, an individual; and DOES 1-10, inclusive, 21 Defendants. [27] 28 || | This Stipulated Protective Order is based substantially on the model protective order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures. 1 || STEPTOE & JOHNSON LLP 2 | Robyn Crowther (SBN 193840) [3] 633 W. 5 " Street, Suite 700 Los Angeles, California 90071 4 || Telephone: (213) 439-9428 rcrowther @ steptoe.com [5] Michael Dockterman (pro hac vice) 6 || Mikiko Thelwell (pro hac vice) 115 South LaSalle Street, Suite 3100 7 || Chicago, Illinois 60603 Telephone: (312) 577-1300 8 || mdockterman @steptoe.com 9 mthelwell @steptoe.com 10 || WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 11 || George A. Pisano (SBN 108951) george.pisano @ wilsonelser.com 12 | Adam LeBerthon (SBN 145226) 13 adam.leberthon @ wilsonelser.com Gary S. Pancer (SBN 160223) 14 || gary.pancer@ wilsonelser.com Daniel J. Taylor (SBN 241404) 15 || daniel.taylor@ wilsonelser.com 1 555 S. Flower Street, Suite 2900 © || Los Angeles, CA 90071 17 || Telephone: (213) 443-5100 Facsimile: (213) 443-5101 [18] Attorneys for Defendant PUBLICIS MEDIA FRANCE, S.A. [19] 20 || HOGAN LOVELLS US LLP 21 || Samaa A. Haridi (SBN 210938) 02 samaa.haridi@hoganlovells.com 390 Madison Avenue 73 New York, New York 10017 Telephone: (212) 918-3000 24 || Facsimile: (212) 918-3100 25 || Colm A. Moran (SBN 202685) colm.moran @hoganlovells.com 26 || 1999 Avenue of the Stars, Suite 1400 Los Angeles, CA 90067 27 || Telephone: (310) 785-4600 28 Facsimile: (310) 785-4601 -2- 1 || Attorneys for Defendants AUTOMOBILES PEUGEOT SA and ISABEL SALAS MENDEZ [28] _3- 1} 1. A. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, ° proprietary or private information for which special protection from public disclosure ‘ and from use for any purpose other than prosecuting this litigation may be warranted. ° Accordingly, the parties hereby stipulate to and petition the Court to enter the ° following Stipulated Protective Order. The parties acknowledge that this Order does ’ not confer blanket protections on all disclosures or responses to discovery and that ® the protection it affords from public disclosure and use extends only to the limited ° information or items that are entitled to confidential treatment under the applicable 0 legal principles. B. GOOD CAUSE STATEMENT 13 This action is likely to involve valuable development, commercial, financial, 14 || technical and/or proprietary information for which special protection from public 15 || disclosure and from use for any purpose other than prosecution of this action is 16 || warranted. Such confidential and proprietary materials and information consist of, 17 || among other things, confidential business or financial information, information 18 || regarding confidential business practices, or other confidential development or 19 || commercial information (including information implicating privacy rights of third 20 || parties), information otherwise generally unavailable to the public, or which may be 21 || privileged or otherwise protected from disclosure under state or federal statutes, court 22 || rules, case decisions, or common law. Accordingly, to expedite the flow of 23 || information, to facilitate the prompt resolution of disputes over confidentiality of 24 || discovery materials, to adequately protect information the parties are entitled to keep 25 || confidential, to ensure that the parties are permitted reasonable necessary uses of such 26 || material in preparation for and in the conduct of trial, to address their handling at the 27 || end of the litigation, and serve the ends of justice, a protective order for such 28 || information is justified in this matter. It is the intent of the parties that information -4- ! || will not be designated as confidential for tactical reasons and that nothing be so 2 || designated without a good faith belief that it has been maintained in a confidential, 3 || non-public manner, and there is good cause why it should not be part of the public 4 || record of this case. 5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 6 SEAL 7 The parties further acknowledge, as set forth in Section 12.3, below, that this 8 || Stipulated Protective Order does not entitle them to file confidential information 9 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 10 || the standards that will be applied when a party seeks permission from the court to I! || file material under seal. 12 There is a strong presumption that the public has a right of access to judicial 13 || proceedings and records in civil cases. In connection with non-dispositive motions, 14 || good cause must be shown to support a filing under seal. See Kamakana v. City and 15 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 16 Corp., 307 F.3d 1206 , 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 17 || Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 18 || good cause showing), and a specific showing of good cause or compelling reasons 19 || with proper evidentiary support and legal justification, must be made with respect to 20 || Protected Material that a party seeks to file under seal. The parties’ mere designation 21 || of Disclosure or Discovery Material as CONFIDENTIAL does not— without the 22 || submission of competent evidence by declaration, establishing that the material 23 || sought to be filed under seal qualifies as confidential, privileged, or otherwise 24 || protectable—constitute good cause. 25 Further, if a party requests sealing related to a dispositive motion or trial, then 26 || compelling reasons, not only good cause, for the sealing must be shown, and the 27 || relief sought shall be narrowly tailored to serve the specific interest to be protected. 28 || See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each _5- ! || item or type of information, document, or thing sought to be filed or introduced under 2 || seal in connection with a dispositive motion or trial, the party seeking protection must 3 || articulate compelling reasons, supported by specific facts and legal justification, for 4 || the requested sealing order. Again, competent evidence supporting the application to 5 || file documents under seal must be provided by declaration. 6 Any document that is not confidential, privileged, or otherwise protectable in 7 || its entirety will not be filed under seal if the confidential portions can be redacted. If 8 || documents can be redacted, then a redacted version for public viewing, omitting only 9 || the confidential, privileged, or otherwise protectable portions of the document, shall 10 || be filed. Any application that seeks to file documents under seal in their entirety 11 || should include an explanation of why redaction is not feasible. 2. DEFINITIONS [13] 14 2.1 Action: this pending federal lawsuit, captioned Alcon Entertainment, 15 || LLC v. Automobiles Peugeot SA, et al., 2:19-cv-00245 CJC AFMx. 16 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 19 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 209 || how it is generated, stored or maintained) or tangible things that qualify for protection 21 || under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 22 || Cause Statement. 23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 6 2.5 Designating Party: a Party or Non-Party that designates information or 27 || items that it produces in disclosures or in responses to discovery as 28 || “CONFIDENTIAL.” -6- 1 2.6 Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or : generated in disclosures or responses to discovery in this matter. 6 2.7. Expert: a person with specialized knowledge or experience in a matter 7 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 8 || an expert witness or as a consultant in this Action. ? 2.8 . [Intentionally Omitted. ] 0 2.9 House Counsel: attorneys who are employees of a party to this Action. House Counsel does not include Outside Counsel of Record or any other outside 13 || Counsel. 14 2.10 Non-Party: any natural person, partnership, corporation, association or 15 || other legal entity not named as a Party to this Action. 16 2.11 Outside Counsel of Record: attorneys who are not employees of a party to this Action but are retained to represent or advise a party to this Action and have appeared in this Action on behalf of that party or are affiliated with a law firm that 99 || has appeared on behalf of that party, and includes support staff. 21 2.12 Party: any party to this Action, including all of its officers, directors, 22 || employees, consultants, retained experts, and Outside Counsel of Record (and their 23 support staffs). 2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 2.14 Professional Vendors: persons or entities that provide litigation support 28 || services (e.g., photocopying, videotaping, translating, preparing exhibits or _7- 1 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 2 Il and their employees and subcontractors. 2.15 Protected Material: any Disclosure or Discovery Material that is : designated as “CONFIDENTIAL.” 6 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 7 || from a Producing Party. 83. SCOPE ° The protections conferred by this Stipulation and Order cover not only 0 Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the trial judge. '° This Order does not govern the use of Protected Material at trial. 4. DURATION 18 Once a case proceeds to trial, information that was designated as 19 || CONFIDENTIAL or maintained pursuant to this protective order used or introduced 20 || as an exhibit at trial becomes public and will be presumptively available to all 21 || members of the public, including the press, unless compelling reasons supported by 22 || specific factual findings to proceed otherwise are made to the trial judge in advance 23 || of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 24 || showing for sealing documents produced in discovery from “compelling reasons” 25 || standard when merits-related documents are part of court record). Accordingly, the 26 || terms of this protective order do not extend beyond the commencement of the trial. [28] -8- I] 5. DESIGNATING PROTECTED MATERIAL [2] 3 5.1 Exercise of Restraint and Care in Designating Material for Protection. 4 || Each Party or Non-Party that designates information or items for protection under 5 || this Order must take care to limit any such designation to specific material that 6 || qualifies under the appropriate standards. The Designating Party must designate for 7 protection only those parts of material, documents, items or oral or written communications that qualify so that other portions of the material, documents, items or communications for which protection is not warranted are not swept unjustifiably 11 || within the ambit of this Order. 12 Mass, indiscriminate or routinized designations are prohibited. Designations 13 || that are shown to be clearly unjustified or that have been made for an improper 14 || purpose (e.g., to unnecessarily encumber the case development process or to impose 15 || unnecessary expenses and burdens on other parties) may expose the Designating 16 || Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 || designated for protection do not qualify for protection, that Designating Party must 19 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in 21 |! this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or 25 produced. 6 Designation in conformity with this Order requires: 07 (a) for information in documentary form (e.g., paper or electronic 28 || documents, but excluding transcripts of depositions or other pretrial or trial _9- ! || proceedings), that the Producing Party affix at a minimum, the legend 2 | “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that contains protected material. If only a portion of the material on a page qualifies for : protection, the Producing Party also must clearly identify the protected portion(s) 6 || (¢-g-, by making appropriate markings in the margins). 7 A Party or Non-Party that makes original documents available for inspection g || need not designate them for protection until after the inspecting Party has indicated g || which documents it would like copied and produced. During the inspection and 10 before the designation, all of the material made available for inspection shall be 11 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 12 || it wants copied and produced, the Producing Party must determine which documents, 13 || OF portions thereof, qualify for protection under this Order. Then, before producing 14 || the specified documents, the Producing Party must affix the “CONFIDENTIAL 15 || Jegend” to each page that contains Protected Material. If only a portion of the material 16 || 01 a page qualifies for protection, the Producing Party also must clearly identify the 17 || protected portion(s) (e.g., by making appropriate markings in the margins). 18 (b) for testimony given in depositions that the Designating Party identifies 19 || the Disclosure or Discovery Material on the record, before the close of the deposition 20 } all protected testimony. (c) for information produced in some form other than documentary and for any other tangible items, that the Producing Party affix in a prominent place on the 4 || exterior of the container or containers in which the information is stored the legend 25 || “CONFIDENTIAL.” If only a portion or portions of the information warrants 26 || protection, the Producing Party, to the extent practicable, shall identify the protected 27 portion(s). [28] -10- 1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 Il failure to designate qualified information or items does not, standing alone, waive the Designating Party’s right to secure protection under this Order for such material. : Upon timely correction of a designation, the Receiving Party must make reasonable 6 || efforts to assure that the material is treated in accordance with the provisions of this 7 || Order. 8 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS [9] 10 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 11 || designation of confidentiality at any time that is consistent with the Court’s 12 || Scheduling Order. 13 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 14 | resolution process under Local Rule 37-1 et seq. 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint stipulation pursuant to Local Rule 37-2. 18 6.4 The burden of persuasion in any such challenge proceeding shall be on 19 || the Designating Party. Frivolous challenges, and those made for an improper purpose 20 || (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 71 expose the Challenging Party to sanctions. Unless the Designating Party has waived 22 or withdrawn the confidentiality designation, all parties shall continue to afford the material in question the level of protection to which it is entitled under the Producing 45 || Party’s designation until the Court rules on the challenge. [28] -ll- 1 | 7. ACCESS TO AND USE OF PROTECTED MATERIAL [2] 3 7.1. Basic Principles. A Receiving Party may use Protected Material that is 4 || disclosed or produced by another Party or by a Non-Party in connection with this 5 || Action only for prosecuting, defending or attempting to settle this Action. Such 6 || Protected Material may be disclosed only to the categories of persons and under the 7 conditions described in this Order. When the Action has been terminated, a Receiving ® Party must comply with the provisions of section 13 below (FINAL DISPOSITION). ° Protected Material must be stored and maintained by a Receiving Party at a 0 location and in a secure manner that ensures that access is limited to the persons authorized under this Order. B 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 14 || otherwise ordered by the court or permitted in writing by the Designating Party, a 15 || Receiving Party may disclose any information or item designated 16 || “CONFIDENTIAL” only to: M7 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this Action; (b) the officers, directors, and employees (including House Counsel) of the 22 || Receiving Party to whom disclosure is reasonably necessary for this Action; 23 (c) Experts (as defined in this Order) of the Receiving Party to whom 24 disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (d) the court and its personnel; 22 (e) [Intentionally Omitted.]; -12- 1 (f) court reporters and their staff; 2 (g) professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this Action and who have : signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (h) the author or recipient of a document containing the information or a 7 || custodian or other person who otherwise possessed or knew the information; 8 (i) during their depositions, witnesses, and attorneys for witnesses, in the ? | Action to whom disclosure is reasonably necessary provided: (1) the deposing party 0 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not be permitted to keep any confidential information unless they sign the 13 || Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 14 || agreed by the Designating Party or ordered by the court. Pages of transcribed 15 || deposition testimony or exhibits to depositions that reveal Protected Material may be 16 separately bound by the court reporter and may not be disclosed to anyone except as M permitted under this Stipulated Protective Order; and (j) any mediator or settlement officer, and their supporting personnel, 9) || mutually agreed upon by any of the parties engaged in settlement discussions. 21 | 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION [22] 73 If a Party is served with a subpoena or a court order issued in other litigation 44 || that compels disclosure of any information or items designated in this Action as 95 || CONFIDENTIAL,” that Party must: 26 (a) promptly notify in writing the Designating Party. Such notification shall 27 || include a copy of the subpoena or court order; [28] -13- 1 (b) promptly notify in writing the party who caused the subpoena or order 2 Il to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of : this Stipulated Protective Order; and 6 (c) cooperate with respect to all reasonable procedures sought to be pursued 7 || by the Designating Party whose Protected Material may be affected. 8 If the Designating Party timely seeks a protective order, the Party served with 9 || the subpoena or court order shall not produce any information designated in this 10 || Action as “CONFIDENTIAL” before a determination by the court from which the 11 || subpoena or order issued, unless the Party has obtained the Designating Party’s 12 || permission. The Designating Party shall bear the burden and expense of seeking 13 || protection in that court of its confidential material and nothing in these provisions 14 || should be construed as authorizing or encouraging a Receiving Party in this Action 15 || to disobey a lawful directive from another court. 16 |] 9. A__NON-PARTY’S —_PROTECTED MATERIAL SOUGHT TO BE 7 PRODUCED IN THIS LITIGATION 18 (a) The terms of this Order are applicable to information produced by a 19 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 20 produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions should be 3 || construed as prohibiting a Non-Party from seeking additional protections. 24 (b) In the event that a Party is required, by a valid discovery request, to 25 || produce a Non-Party’s confidential information in its possession, and the Party is 26 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: -14- 1 (1) promptly notify in writing the Requesting Party and the Non2 Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; : (2) promptly provide the Non-Party with a copy of the Stipulated 6 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 7 || specific description of the information requested; and 8 (3) make the information requested available for inspection by the ? Non-Party, if requested. 0 (c) If the Non-Party fails to seek a protective order from this court within 14 days of receiving the notice and accompanying information, the Receiving Party 13 || May produce the Non-Party’s confidential information responsive to the discovery 14 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall 15 || not produce any information in its possession or control that is subject to the 16 confidentiality agreement with the Non-Party before a determination by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this court of its Protected Material. 99 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 22 || Protected Material to any person or in any circumstance not authorized under this 23 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in 24 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 25 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 26 || persons to whom unauthorized disclosures were made of all the terms of this Order, 27 || and (d) request such person or persons to execute the “Acknowledgment and 28 || Agreement to Be Bound” that is attached hereto as Exhibit A. -15- 1 |} 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 || inadvertently produced material is subject to a claim of privilege or other protection, 5 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 6 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 7 || may be established in an e-discovery order that provides for production without prior 8 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 9 || parties reach an agreement on the effect of disclosure of a communication or 10 || information covered by the attorney-client privilege or work product protection, the 11 || parties may incorporate their agreement in the stipulated protective order submitted 12 || to the court. 13 | 12. MISCELLANEOUS [14] 15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 16 || Person to seek its modification by the Court in the future. 17 12.2 Right to Assert Other Objections. By stipulating to the entry of this 18 || Protective Order, no Party waives any right it otherwise would have to object to 19 disclosing or producing any information or item on any ground not addressed in this Stipulated Protective Order, including asserting any rights or obligations that may or 99 || may not apply in this Action under the laws of France, including, without limitation, 73 || the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or 24 || Commercial Matters, the French “blocking statute” (Law no. 68-678 of July 26, 25 || 1968, relating to the Communication of Economic, Commercial, Industrial, Financial 26 or Technical Documents and Information to Foreign Individuals or Legal Entities, as modified by French Law no. 80-538 dated July 16, 1980), and the French Data -16- | || Protection Act (Law No. 2018-493 dated 20 June 2018) or under the General Data 2 | Protection Regulation (Regulation (EU) 2016/679). Similarly, no Party waives any right to object on any ground to use in evidence of any of the material covered by : this Protective Order. 6 12.3 Filing Protected Material. A Party that seeks to file under seal any 7 || Protected Material must comply with Local Civil Rule 79-5. Protected Material may 8 || only be filed under seal pursuant to a court order authorizing the sealing of the ? specific Protected Material at issue. If a Party’s request to file Protected Material 0 under seal is denied by the Court, then the Receiving Party may file the information in the public record unless otherwise instructed by the Court. 13 12.4 Jurisdictional Objections. By stipulating to the entry of this Protective 14 || Order, no Party waives any right it otherwise would have to object that this Court 15 || lacks personal jurisdiction over such Party in this Action. Note: By signing this 16 Stipulated Protective Order, the Magistrate Judge is neither accepting nor rejecting M the parties’ position on waiver of jurisdictional objections. 13. FINAL DISPOSITION 20 After the final disposition of this Action, as defined in paragraph 4, within 60 21 || days of a written request by the Designating Party, each Receiving Party must return 22 || all Protected Material to the Producing Party or destroy such material. As used in this 23 || subdivision, “all Protected Material” includes all copies, abstracts, compilations, 24 || summaries, and any other format reproducing or capturing any of the Protected 25 || Material. Whether the Protected Material is returned or destroyed, the Receiving 26 || Party must submit a written certification to the Producing Party (and, if not the same 27 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 28 || (by category, where appropriate) all the Protected Material that was returned or -17- 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 || constitute Protected Material remain subject to this Protective Order as set forth in 9 || Section 4 (DURATION). 10 | 14. VIOLATION Il Any violation of this Order may be punished by appropriate measures 12 || including, without limitation, contempt proceedings and/or monetary sanctions. 13 \\\ 14} \\\ \\\ 16 | \\\ 17 | \\ 18 | \\\ 19 \\ 20 |} \\\ 21} \\ 22 | \\\ 23 | \\\ 24 | \\\ 25 | \\\ 26 | \\\ 27 \\\ 28 | \\\ -18- ! | IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. [2] 3 || DATED: September 3, 2019 ANDERSON YEH PC By _/s/ Edward M. Anderson 4 Edward M. Anderson 5 Attorneys for Plaintiff ‘ ALCON ENTERTAINMENT, LLC 7 || DATED: September 3, 2019 STEPTOE & JOHNSON LLP By _/s/ Michael Dockterman 8 Michael Dockterman 9 Attorneys for Defendant 10 PUBLICIS MEDIA FRANCE, S.A. 11 || DATED: September 3, 2019 HOGAN LOVELLS LLP By _/s/Samaa A. Haridi 12 Samaa A. Haridi 13 Attorneys for Defendants AUTOMOBILES PEUGEOT SA and ISABEL SALAS MENDEZ [15] 16 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. [17] 18 (tix Moc f-—— ~ 19 Dated: 9/3/2019 ALEXANDER F. MacKINNON 20 || United States Magistrate Judge [28] -19- 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], of 4 [print or type full address], declare under penalty of perjury 5 || that I have read in its entirety and understand the Stipulated Protective Order that was 6 || issued by the United States District Court for the Central District of California on 7 || [date] in the case of ALCON ENTERTAINMENT, LLC v. AUTOMOBILES 8 || PEUGEOT SA, ET. AL., Case No. 2:19-cv-00245 CJC (AFMx). I agree to comply 9 || with and to be bound by all the terms of this Stipulated Protective Order and I 10 || understand and acknowledge that failure to so comply could expose me to sanctions 11 || and punishment in the nature of contempt. I solemnly promise that I will not disclose 12 || in any manner any information or item that is subject to this Stipulated Protective 13 || Order to any person or entity except in strict compliance with the provisions of this 14 || Order. I further agree to submit to the jurisdiction of the United States District Court 15 || for the Central District of California solely for enforcing the terms of this Stipulated 16 || Protective Order, even if such enforcement proceedings occur after the termination 17 || of this action. I appoint 18 of [19] 20 as my California agent for service 21 || of process in connection with this action or any proceedings related to enforcement 22 || of this Stipulated Protective Order. [23] 24 || Date: 25 || City and State where sworn and signed: 26 || Printed name: 27 || Signature: _ [28] -20 -