Mechanloo, LLC v. Karim Boumajdi

Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 1 of 17 Page ID #:316 [1] G. WARREN BLEEKER, CA Bar No. 210834 2 wbleeker@lewisroca.com DREW WILSON, CA Bar No. 283616 [3] dwilson@lewisroca.com 4 LEWIS ROCA ROTHGERBER CHRISTIE LLP 655 N. Central Avenue, Suite 2300 [5] Glendale, CA 91203-1445 6 Telephone: (626) 795-9900 Facsimile: (626) 577-8800 [7] Attorneys for Plaintiff 8 MECHANLOO, LLC [9] David Gurnick, Esq., SBN 115723 [10] Lewitt, Hackman, Shapiro, Marshall & Harlan 11 16633 Ventura Boulevard, 11th Floor Encino, California 91436-1865 [12] Phone (818) 990-2120; Fax (818) 981-4764 13 Email: dgurnick@lewitthackman.com Attorneys for Defendant BA2, LLC [14] 15 Scott Perlin, Esq. SBN 311169 Seltzer Caplan McMahon Vitek [16] 750 B Street #2100 17 San Diego CA 92101 Phone: 619-685-3117 [18] Email: perlin@scmv.com 19 Attorney for Defendants Karim Boumajdi, T. Nicolas Peter, BRH Investments Limited and [20] The Little Door Corp. [21] UNITED STATES DISTRICT COURT [22] CENTRAL DISTRICT OF CALIFORNIA [23] MECHANLOO, LLC, a California Case No. 2:21-cv-06699-DSF (ADSx) [24] Limited Liability Company 25 STIPULATED PROTECTIVE Plaintiff, ORDER1 [28] 1 This Stipulated Protective Order is revised from the model protective order provided by Magistrate Judge Spaeth. 1 16588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 2 of 17 Page ID #:317 [1] vs. [2] KARIM BOUMAJDI, an individual; [3] T. NICOLAS PETER, an individual; DISCOVERY MATTER 4 BRH INVESTMENTS LIMITED, a California corporation; Hon. Autumn D. Spaeth [5] THE LITTLE DOOR CORP, 6 a California corporation; and BA2, LLC, a California Limited [7] Liability Company, [8] 9 Defendants. [10] 11 1. A. PURPOSES AND LIMITATIONS 12 Discovery in this action is likely to involve production of confidential, 13 proprietary or private information for which special protection from public disclosure 14 and from use for any purpose other than prosecuting this litigation may be warranted. 15 Accordingly, the parties hereby stipulate to and petition the Court to enter the 16 following Stipulated Protective Order. The parties acknowledge that this Order does 17 not confer blanket protections on all disclosures or responses to discovery and that 18 the protection it affords from public disclosure and use extends only to the limited 19 information or items that are entitled to confidential treatment under the applicable 20 legal principles. 21 B. GOOD CAUSE STATEMENT 22 This action is likely to involve trade secrets, customer lists, pricing lists, and 23 other valuable research, development, commercial, financial, technical and/or 24 proprietary information for which special protection from public disclosure and from 25 use for any purpose other than prosecution of this action is warranted. Such 26 confidential and proprietary materials and information consist of, among other things, 27 confidential business or financial information, information regarding confidential [2] 116588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 3 of 17 Page ID #:318 1 business practices, or other confidential research, development, or 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 in 9 preparation for and in the conduct of trial, to address their handling at the end of the 10 litigation, and serve the ends of justice, a protective order for such information is 11 justified in this matter. It is the intent of the parties that information will not be 12 designated as confidential for tactical reasons and that nothing be so designated 13 without a good faith belief that it has been maintained in a confidential, non-public 14 manner, and there is good cause why it should not be part of the public record of 15 this case. 16 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 17 The parties acknowledge, as set forth in Section 12.3, below, that this Stipulated 18 Protective Order does not entitle them to file confidential information under seal; 19 Local Civil Rule 79-5 sets forth the procedures that must be followed and the 20 standards that will be applied when a party seeks permission from the court to file 21 material under seal. 22 There is a strong presumption that the public has a right of access to judicial 23 proceedings and records in civil cases. In connection with non-dispositive motions, 24 good cause must be shown to support a filing under seal. See Kamakana v. City and 25 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 26 Corp., 307 F.3d 1206 , 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., [27] 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good [3] 116588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 4 of 17 Page ID #:319 1 cause showing), and a specific showing of good cause or compelling reasons with 2 proper evidentiary support and legal justification, must be made with respect to 3 Protected Material that a party seeks to file under seal. The parties’ mere designation 4 of Disclosure or Discovery Material as CONFIDENTIAL without the submission of 5 competent evidence by declaration, establishing that the material sought to be filed 6 under seal qualifies as confidential, privileged, or otherwise protectable—constitute 7 good cause. 8 Further, if a party requests sealing related to a dispositive motion or trial, then 9 compelling reasons, not only good cause, for the sealing must be shown, and the relief 10 sought shall be narrowly tailored to serve the specific interest to be protected. 11 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each 12 item or type of information, document, or thing sought to be filed or introduced under 13 seal in connection with a dispositive motion or trial, the party seeking protection must 14 articulate compelling reasons, supported by specific facts and legal justification, for 15 the requested sealing order. Again, competent evidence supporting the application to 16 file documents under seal must be provided by declaration. 17 Any document that is not confidential, privileged, or otherwise protectable in 18 its entirety will not be filed under seal if the confidential portions can be redacted. If 19 documents can be redacted, then a redacted version for public viewing, omitting only 20 the confidential, privileged, or otherwise protectable portions of the document, shall 21 be filed. Any application that seeks to file documents under seal in their entirety 22 should include an explanation of why redaction is not feasible. 23 2. DEFINITIONS 24 2.1 Action: this pending federal lawsuit. 25 2.2 Challenging Party: a Party or Non-Party that challenges the designation 26 of information or items under this Order. [4] 116588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 5 of 17 Page ID #:320 1 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 2 how it is generated, stored or maintained) or tangible things that qualify for protection 3 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 4 Cause Statement. 5 2.4 Counsel: Outside Counsel of Record as well as their support staff and 6 counsel, though not of record, who are regularly engaged by a party to provide legal 7 consultation. 8 2.5 Designating Party: a Party or Non-Party that designates information or 9 items that it produces in disclosures or in responses to discovery as 10 “CONFIDENTIAL”. 11 2.6 Disclosure or Discovery Material: all items or information, regardless of 12 the medium or manner in which it is generated, stored, or maintained (including, 13 among other things, testimony, transcripts, and tangible things), that are produced or 14 generated in disclosures or responses to discovery in this matter. 15 2.7 Expert: a person with specialized knowledge or experience in a matter 16 pertinent to the litigation who has been retained by a Party or its counsel to serve as 17 an expert witness or as a consultant in this Action, and who is not a Party and/or not 18 a current or former employee, owner, manager, partner, officer, or director of 19 any Party. 20 2.8 Non-Party: any natural person, partnership, corporation, association or 21 other legal entity not named as a Party to this action. 22 2.9 Outside Counsel of Record: attorneys who are not employees of a party 23 to this Action but are retained to represent or advise a party to this Action and have 24 appeared in this Action on behalf of that party or are affiliated with a law firm that 25 has appeared on behalf of that party, and includes support staff. 26 2.10 Party: any party to this Action, including all of its officers, directors, 27 employees, consultants, retained experts, In-House Counsel, Outside Counsel of [5] 116588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 6 of 17 Page ID #:321 1 Record (and their support staffs), and counsel, though not of record, who are regularly 2 engaged by a party to provide legal consultation. 3 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 4 Discovery Material in this Action. 5 2.12 Professional Vendors: persons or entities that provide litigation support 6 services (e.g., photocopying, videotaping, translating, preparing exhibits or 7 demonstrations, and organizing, storing, or retrieving data in any form or medium) 8 and their employees and subcontractors. 9 2.13 Protected Material: any Disclosure or Discovery Material that is 10 designated as “CONFIDENTIAL.” 11 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material 12 from a Producing Party. 13 3. SCOPE 14 The protections conferred by this Stipulation and Order cover not only 15 Protected Material (as defined above), but also (1) any information copied or extracted 16 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 17 Protected Material; and (3) any testimony, conversations, or presentations by Parties 18 or their Counsel that might reveal Protected Material. 19 Any use of Protected Material at trial shall be governed by the orders of the 20 trial judge. This Order does not govern the use of Protected Material at trial. 21 4. DURATION 22 FINAL DISPOSITION of the action is defined as the conclusion of any 23 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 24 has run. Except as set forth below, the terms of this protective order apply through 25 FINAL DISPOSITION of the action. The parties may stipulate that they will be 26 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, [6] 116588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 7 of 17 Page ID #:322 1 but will have to file a separate action for enforcement of the agreement once all 2 proceedings in this case are complete. 3 Once a case proceeds to trial, information that was designated as 4 “CONFIDENTIAL” or maintained pursuant to this protective order used or 5 introduced as an exhibit at trial becomes public and will be presumptively available 6 to all members of the public, including the press, unless compelling reasons supported 7 by specific factual findings to proceed otherwise are made to the trial judge in advance 8 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 9 showing for sealing documents produced in discovery from “compelling reasons” 10 standard when merits-related documents are part of court record). Accordingly, for 11 such materials, the terms of this protective order do not extend beyond the 12 commencement of the trial. 13 5. DESIGNATING PROTECTED MATERIAL 14 5.1 Exercise of Restraint and Care in Designating Material for Protection. 15 Each Party or Non-Party that designates information or items for protection under this 16 Order must take care to limit any such designation to specific material that qualifies 17 under the appropriate standards. The Designating Party must designate for protection 18 only those parts of material, documents, items or oral or written communications that 19 qualify so that other portions of the material, documents, items or communications 20 for which protection is not warranted are not swept unjustifiably within the ambit of 21 this Order. 22 Mass, indiscriminate or routinized designations are prohibited. Designations 23 that are shown to be clearly unjustified or that have been made for an improper 24 purpose (e.g., to unnecessarily encumber the case development process or to impose 25 unnecessary expenses and burdens on other parties) may expose the Designating Party 26 to sanctions. [7] 116588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 8 of 17 Page ID #:323 1 If it comes to a Designating Party’s attention that information or items that it 2 designated for protection do not qualify for protection, that Designating Party must 3 promptly notify all other Parties that it is withdrawing the inapplicable designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in 5 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 6 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 7 under this Order must be clearly so designated before the material is disclosed or 8 produced. 9 Designation in conformity with this Order requires: 10 (a) for information in documentary form (e.g., paper or electronic 11 documents, but excluding transcripts of depositions or other pretrial or trial 12 proceedings), that the Producing Party affix at a minimum, the legend 13 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 14 contains protected material. If only a portion of the material on a page qualifies for 15 protection, the Producing Party also must clearly identify the protected portion(s) 16 (e.g., by making appropriate markings in the margins). 17 A Party or Non-Party that makes original documents available for inspection 18 need not designate them for protection until after the inspecting Party has indicated 19 which documents it would like copied and produced. After the inspecting Party has 20 identified the documents it wants copied and produced, the Producing Party must 21 determine which documents, or portions thereof, qualify for protection under this 22 Order. Then, before producing the specified documents, the Producing Party must 23 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. If 24 only a portion of the material on a page qualifies for protection, the Producing Party 25 also must clearly identify the protected portion(s) (e.g., by making appropriate 26 markings in the margins). [8] 116588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 9 of 17 Page ID #:324 1 (b) for testimony given in depositions that the Designating Party identifies 2 the Disclosure or Discovery Material on the record, before the close of the deposition 3 all protected testimony. 4 (c) for information produced in some form other than documentary and for 5 any other tangible items, that the Producing Party affix in a prominent place on the 6 exterior of the container or containers in which the information is stored the 7 “CONFIDENTIAL legend”. If only a portion or portions of the information warrants 8 protection, the Producing Party, to the extent practicable, shall identify the protected 9 portion(s). 10 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 11 failure to designate qualified information or items does not, standing alone, waive the 12 Designating Party’s right to secure protection under this Order for such material. 13 Upon timely correction of a designation, the Receiving Party must make reasonable 14 efforts to assure that the material is treated in accordance with the provisions of this 15 Order. 16 6. CHALLENGING CONFIDENTIAL DESIGNATIONS 17 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 18 designation of confidentiality at any time that is consistent with the Court’s 19 Scheduling Order. 20 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 21 resolution process under Local Rule 37.1 et seq. Any discovery motion must strictly 22 comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3. 23 6.3 The burden of persuasion in any such challenge proceeding shall be on 24 the Designating Party. Frivolous challenges, and those made for an improper purpose 25 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 26 expose the Challenging Party to sanctions. Unless the Designating Party has waived 27 or withdrawn the confidentiality designation, all parties shall continue to afford the [9] 116588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 10 of 17 Page ID #:325 1 material in question the level of protection to which it is entitled under the Producing 2 Party’s designation until the Court rules on the challenge. 3 7. ACCESS TO AND USE OF PROTECTED MATERIAL 4 7.1 Basic Principles. A Receiving Party may use Protected Material that is 5 disclosed or produced by another Party or by a Non-Party in connection with this 6 Action only for prosecuting, defending or attempting to settle this Action. Such 7 Protected Material may be disclosed only to the categories of persons and under the 8 conditions described in this Order. When the Action has been terminated, a Receiving 9 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 10 Protected Material must be stored and maintained by a Receiving Party at a 11 location and in a secure manner that ensures that access is limited to the persons 12 authorized under this Order. 13 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: 17 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 18 as employees of said Outside Counsel of Record to whom it is reasonably necessary 19 to disclose the information for this Action; 20 (b) the officers, directors, In-House Counsel, Counsel and employees of the 21 Receiving Party to whom disclosure is reasonably necessary for this Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to whom 23 disclosure is reasonably necessary for this Action and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff; [10] 1 16588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 11 of 17 Page ID #:326 1 (f) professional jury or trial consultants, mock jurors, and Professional 2 Vendors to whom disclosure is reasonably necessary for this Action and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the information; and 6 (h) during their depositions, witnesses, and attorneys for witnesses, in the 7 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 8 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 9 not be permitted to keep any confidential information unless they sign the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 11 agreed by the Designating Party or ordered by the Court. Pages of transcribed 12 deposition testimony or exhibits to depositions that reveal Protected Material may be 13 separately bound by the court reporter and may not be disclosed to anyone except as 14 permitted under this Stipulated Protective Order; and; 15 (i) any mediator or settlement officer, and their supporting personnel, 16 mutually agreed upon by any of the parties engaged in settlement discussions. 17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 18 OTHER LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation 20 that compels disclosure of any information or items designated in this Action as 21 “CONFIDENTIAL,” that Party must: 22 (a) promptly notify in writing the Designating Party. Such notification shall 23 include a copy of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or order 25 to issue in the other litigation that some or all of the material covered by the subpoena 26 or order is subject to this Protective Order. Such notification shall include a copy of 27 this Stipulated Protective Order; and [11] 116588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 12 of 17 Page ID #:327 1 (c) cooperate with respect to all reasonable procedures sought to be pursued 2 by the Designating Party whose Protected Material may be affected. 3 (d) If the Designating Party timely seeks a protective order, the Party served 4 with the subpoena or court order shall not produce any information designated in this 5 action as “CONFIDENTIAL” before a determination by the court from which the 6 subpoena or order issued, unless the Party has obtained the Designating Party’s 7 permission. The Designating Party shall bear the burden and expense of seeking 8 protection in that court of its confidential material and nothing in these provisions 9 should be construed as authorizing or encouraging a Receiving Party in this Action to 10 disobey a lawful directive from another court. 11 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 12 PRODUCED IN THIS LITIGATION 13 (a) The terms of this Order are applicable to information produced by a Non14 Party in this Action and designated as “CONFIDENTIAL.” Such information 15 produced by Non-Parties in connection with this litigation is protected by the 16 remedies and relief provided by this Order. Nothing in these provisions should be 17 construed as prohibiting a Non-Party from seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party’s confidential information in its possession, and the Party is 20 subject to an agreement with the Non-Party not to produce the Non-Party’s 21 confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non-Party 23 that some or all of the information requested is subject to a confidentiality agreement 24 with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated 26 Protective Order in this Action, the relevant discovery request(s), and a reasonably 27 specific description of the information requested; and [12] 1 16588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 13 of 17 Page ID #:328 1 (3) make the information requested available for inspection by the Non2 Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this court within 14 4 days of receiving the notice and accompanying information, the Receiving Party may 5 produce the Non-Party’s confidential information responsive to the discovery request. 6 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 7 any information in its possession or control that is subject to the confidentiality 8 agreement with the Non-Party before a determination by the court. Absent a court 9 order to the contrary, the Non-Party shall bear the burden and expense of seeking 10 protection in this court of its Protected Material. 11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 13 Protected Material to any person or in any circumstance not authorized under this 14 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 15 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 16 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 17 persons to whom unauthorized disclosures were made of all the terms of this Order, 18 and (d) request such person or persons to execute the “Acknowledgment and 19 Agreement to Be Bound” that is attached hereto as Exhibit A. 20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 21 PROTECTED MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain 23 inadvertently produced material is subject to a claim of privilege or other protection, 24 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 25 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 26 may be established in an e-discovery order that provides for production without prior 27 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the [13] 116588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 14 of 17 Page ID #:329 1 parties reach an agreement on the effect of disclosure of a communication or 2 information covered by the attorney-client privilege or work product protection, the 3 parties may incorporate their agreement in the stipulated protective order submitted 4 to the court. 5 12. MISCELLANEOUS 6 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 7 person to seek its modification by the Court in the future. 8 12.2 Right to Assert Other Objections. By stipulating to the entry of this 9 Protective Order, no Party waives any right it otherwise would have to object to 10 disclosing or producing any information or item on any ground not addressed in this 11 Stipulated Protective Order. Similarly, no Party waives any right to object on any 12 ground to use in evidence of any of the material covered by this Protective Order. 13 12.3 Filing Protected Material. A Party that seeks to file under seal any 14 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 15 only be filed under seal pursuant to a court order authorizing the sealing of the specific 16 Protected Material at issue. If a Party’s request to file Protected Material under seal is 17 denied by the court, then the Receiving Party may file the information in the public 18 record unless otherwise instructed by the court. 19 13. FINAL DISPOSITION 20 After the final disposition of this Action, as defined in paragraph 4, within 21 60 days of a written request by the Designating Party, each Receiving Party must 22 return all Protected Material to the Producing Party or destroy such material. As used 23 in this subdivision, “all Protected Material” includes all copies, abstracts, 24 compilations, summaries, and any other format reproducing or capturing any of the 25 Protected Material. Whether the Protected Material is returned or destroyed, the 26 Receiving Party must submit a written certification to the Producing Party (and, if not 27 the same person or entity, to the Designating Party) by the 60 day deadline that [14] 1 16588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 15 of 17 Page ID #:330 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 and trial 7 exhibits, expert reports, attorney work product, and consultant and expert work 8 product, even if such materials contain Protected Material. Any such archival copies 9 that contain or constitute Protected Material remain subject to this Protective Order 10 as set forth in Section 4 (DURATION). 11 14. VIOLATION 12 Any violation of this Order may be punished by appropriate measures including, 13 without limitation, contempt proceedings and/or monetary sanctions. [14] IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. [15] 16 Respectfully submitted, 17 Dated: January 27, 2022 LEWIS ROCA ROTHGERBER CHRISTIE LLP [18] By /s/Drew Wilson [19] Drew Wilson [20] Attorneys for Plaintiff 21 MECHANLOO, LLC [22] Dated: January 27, 2022 LEWITT HACKMAN [23] 24 By /s/David Gurnick David Gurnick [25] Attorneys for Defendant 26 BA2, LLC [15] 116588770.1 Case 4{21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 16o0f17 Page ID #:331 1 || Dated: January 27, 2022 SELTZER CAPLAN MCMAHON VITEK 2 By _/s/Scott Perlin 3 Scott Perlin Attorneys for Defendants 4 KARIM BOUMAJDI, T. NICOLAS PETER, 5 BRH INVESTMENTS LIMITED, and ‘ THE LITTLE DOOR CORP g Pursuant to L.R. 5-4.3.4(2)(1) all other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have || authorized the filing. 10 |}! /s/ Drew Wilson [12] FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. [13] DATED: __ January 28, 2022 [15] /s/ Autumn D. Spaeth 16 || Hon. Autumn D. Spaeth United States Magistrate Judge [16] 116588770.1 Case 2:21-cv-06699-DSF-ADS Document 37 Filed 01/28/22 Page 17 of 17 Page ID #:332 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 ___________________________________________________________________[ 5 print or type full address], declare under penalty of perjury that I have read in its 6 entirety and understand the Stipulated Protective Order that was issued by the United 7 States District Court for the Central District of California on _________ [date] in the 8 case of Mechanloo LLC v. Boumajdi et. al.; Case No. 2:21-cv-06699-DSF (ADSx). 9 I agree to comply with and to be bound by all the terms of this Stipulated 10 Protective Order and I understand and acknowledge that failure to so comply could 11 expose me to sanctions and punishment in the nature of contempt. I solemnly promise 12 that I will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance with 14 the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of this 18 action. I hereby appoint __________________________ [print or type full name] of 19 ___________________________________ [print or type full address and telephone 20 number] as my California agent for service of process in connection with this action 21 or any proceedings related to enforcement of this Stipulated Protective Order. [22] 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ [17] 1 16588770.1