Slauson Super Mall, Inc. v. Broan-Nutone, LLC

Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page1of16 Page ID #:173 1 || PETER A. NYQUIST (SBN 180953) Emyguist@getirm.com 2 | BRIAN E. MOSKAL (SBN 240704) BMoskal@getinm com 3 || MARISA S. CHOY (SBN 311714) wie ney Geehirm.com 4 | GREE G GLUSKER FIELDS CLAMAN & MACHTINGER LLP 5 |) 2049 Century Park East, Suite 2600 Los Angeles, California 90067 6 || Telephone: 310.553.3610 7 Fax: 310.553.0687 Attorneys for Defendant and Counterclaimant 8 || BROAN-NUTONE, LLC 0 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA S. 12 a RS SLAUSON SUPER MALL, INC.; Case No. 2:21-cv-7257-RAO seee 13 | KAYLA PROPERTIES, LLC; ETHAN Bee 26 , LLC; PACIFIC STAR aOS2 14 |) PROPERTIES, LLC; LEADER STIPULATED PROTECTIVE BZaxs GROUP ENTERPRISES, LLC; WALL | ORDER Zao 15 || STREET ENTERPRISES, LLC; and Be Z & SSR, LLC, Assigned To. Hon. Rozella A. Oliver 8 16 = 3 Plaintiffs, Complaint Filed: September 9, 2021 8 17 v. [18] BROAN-NUTONE, LLC a Delaware 19 limited liability company, and DOES [20] Defendants. [21] BROAN-NUTONE, LLC, [22] Counterclaimant, 23 V. 24 SLAUSON SUPER MALL, INC.; 25 || KAYLA PROPERTIES, LLC; ETHAN 26 , LLC; PACIFIC STAR 26 || PROPERTIES, LLC; LEADER GROUP ENTERPRISES, LLC; WALL 27 || STREET ENTERPRISES, LLC; and SSR, LLC [28] STIPULATED PROTECTIVE ORDER CASE NO. 2-21-CV-7257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page 2of16 Page ID #:174 Counterclaim2 Defendants. 4 || 1. A. PURPOSES AND LIMITATIONS 5 Discovery in this action is likely to involve production of confidential, 6 || proprietary or private information for which special protection from public 7 || disclosure and from use for any purpose other than prosecuting this litigation may 8 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 9 || enter the following Stipulated Protective Order. The parties acknowledge that this 10 || Order does not confer blanket protections on all disclosures or responses to 11 || discovery and that the protection it affords from public disclosure and use extends 12 || only to the limited information or items that are entitled to confidential treatment = a3 13 || under the applicable legal principles. aot: 14 B. GOOD CAUSE SETTLEMENT BEee 15 This action is likely to involve financial, technical and/or proprietary oS 52 16 || information, as well as confidential settlement communications among the parties, = Z 17 || for which special protection from public disclosure and from use for any purpose 18 || other than prosecution of this action is warranted. Such confidential and 19 || proprietary materials and information consist of, among other things, confidential 20 || business or financial information, information otherwise generally unavailable to 21 || the public, or which may be privileged or otherwise protected from disclosure under 22 || state or federal statutes, court rules, case decisions, or common law. Accordingly, 23 || to expedite the flow of information, to facilitate the prompt resolution of disputes 24 || over confidentiality of discovery materials, to adequately protect information the 25 || parties are entitled to keep confidential, to ensure that the parties are permitted 26 || reasonable necessary uses of such material in preparation for and in the conduct of 27 || trial, to address their handling at the end of the litigation, and serve the ends of 28 || justice, a protective order for such information is justified in this matter. It is the a CASE NO. 2-21-CV-T257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page3o0f16 Page ID #:175 1 || intent of the parties that information will not be designated as confidential for 2 || tactical reasons and that nothing be so designated without a good faith belief that it 3 || has been maintained in a confidential, non-public manner, and there is good cause 4 || why it should not be part of the public 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 10 || and the standards that will be applied when a party seeks permission from the court 11 || to file material under seal. cg. 12 There 1s 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, aot: 14 || good cause must be shown to support a filing under seal. See Kamakana v. City BEee 15 || and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 3288 16 || Motors Corp., 307 F.3d 1206 , 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony R17 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 18 || orders require good cause showing), and a specific showing of good cause or 19 || compelling reasons with proper evidentiary support and legal justification, must be 20 || made with respect to Protected Material that a party secks to file under seal. The 21 || parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 22 || does not—without the submission of competent evidence by declaration, 23 || establishing that the material sought to be filed under seal qualifies as confidential, 24 || privileged, or otherwise protectable—constitute good cause. 25 Further, if a party requests sealing related to a dispositive motion or trial, 26 || then compelling reasons, not only good cause, for the sealing must be shown, and 27 || the relief sought shall be narrowly tailored to serve the specific interest to be 28 || protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. a CASE NO. 2-21-CV-T257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page 4of16 Page ID #:176 1 || 2010). For each item or type of information, document, or thing sought to be filed 2 || or introduced under seal in connection with a dispositive motion or trial, the party 3 || seeking protection must articulate compelling reasons, supported by specific facts 4 || and legal justification, for the requested sealing order. Again, competent evidence 5 || supporting the application to file documents under seal must be provided by 6 || declaration. 7 Any document that is not confidential, privileged, or otherwise protectable in 8 || its entirety will not be filed under seal if the confidential portions can be redacted. 9 || If documents can be redacted, then a redacted version for public viewing, omitting 10 || only the confidential, privileged, or otherwise protectable portions of the document, 11 || shall be filed. Any application that seeks to file documents under seal in their cg. 12 || entirety should include an explanation of why redaction is not feasible. S235 2. DEFINITIONS a i 14 2.1 Action: this pending federal lawsuit. 15 2.2 Challenging Party: a Party or Non-Party that challenges the gee 16 || designation of information or items under this Order. R17 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 18 || how it is generated, stored or maintained) or tangible things that qualify for 19 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in 20 || the Good Cause Statement. 21 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 22 || their support staff). 23 2.5 Designating Party: a Party or Non-Party that designates information or 24 || items that it produces in disclosures or in responses to discovery as 25 || “CONFIDENTIAL.” 26 |) /// 27 | /// 28 | /// ‘ a CASE NO. 2-21-CV-T257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page5of16 Page ID#:177 l 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, 3 || among other things, testimony, transcripts, and tangible things), that are produced 4 || or generated in disclosures or responses to discovery in this matter. 5 2.7 Expert: a person with specialized knowledge or experience in a matter 6 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 || an expert witness or as a consultant in this Action. 8 2.8 House Counsel: attorneys who are employees of a party to this Action. 9 || House Counsel does not include Outside Counsel of Record or any other outside 10 || counsel. 11 2.9 Non-Party: any natural person, partnership, corporation, association or cg. 12 || other legal entity not named as a Party to this action. Saas 13 2.10 Outside Counsel of Record: attorneys who are not employees of a S725 14 || party to this Action but are retained to represent or advise a party to this Action and <5: g 15 || have appeared in this Action on behalf of that party or are affiliated with a law firm g28- 16 || that has appeared on behalf of that party, and includes support staff. R17 2.11 Party: any party to this Action, including all of its officers, directors, 18 || employees, consultants, retained experts, and Outside Counsel of Record (and their 19 || support staffs). 20 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 21 || Discovery Material in this Action. 22 2.13 Professional Vendors: persons or entities that provide litigation 23 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 || and their employees and subcontractors. 26 2.14 Protected Material: any Disclosure or Discovery Material that is 27 || designated as “CONFIDENTIAL.” [28] a CASE NO. 2-21-CV-T257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page6of16 Page ID #:178 1 2.15 Receiving Party: a Party that receives Disclosure or Discovery 2 || Material from a Producing Party. 3 || 3. SCOPE 4 The protections conferred by this Stipulated Protective Order cover not only 5 || Protected Material (as defined above), but also (1) any information copied or 6 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 || compilations of Protected Material; and (3) any testimony, conversations, or 8 || presentations by Parties or their Counsel that might reveal Protected Material. Any 9 || use of Protected Material at trial shall be governed by the orders of the trial judge. 10 || This Order does not govern the use of Protected Material at trial. 11 | 4. DURATION cg. 12 Once a case proceeds to trial, information that was designated as = = 13 || CONFIDENTIAL or maintained pursuant to this protective order used or aot: 14 || introduced as an exhibit at trial becomes public and will be presumptively available 15 || to all members of the public, including the press, unless compelling reasons gee 16 || supported by specific factual findings to proceed otherwise are made to the trial R17 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing 18 || “good cause” showing for sealing documents produced in discovery from 19 || “compelling reasons” standard when merits-related documents are part of court 20 || record). Accordingly, the terms of this Order do not extend beyond the 21 || commencement of the trial. 22 || 5. DESIGNATING PROTECTED MATERIAL 23 5.1 Exercise of Restraint and Care in Designating Material for Protection. 24 || Each Party or Non-Party that designates information or items for protection under 25 || this Order must take care to limit any such designation to specific material that 26 || qualifies under the appropriate standards. The Designating Party must designate for 27 || protection only those parts of material, documents, items or oral or written 28 || communications that qualify so that other portions of the material, documents, é a CASE NO. 2-21-CV-T257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page 7of16 Page ID#:179 1 || items or communications for which protection is not warranted are not swept 2 || unjustifiably within the ambit of this Order. 3 Mass, indiscriminate or routinized designations are prohibited. Designations 4 || that are shown to be clearly unjustified or that have been made for an improper 5 || purpose (e.g., to unnecessarily encumber the case development process or to 6 || impose unnecessary expenses and burdens on other parties) may expose the 7 || Designating Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 || designated for protection do not qualify for protection, that Designating Party must 10 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 5.2. Manner and Timing of Designations. Except as otherwise provided in cg. 12 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise = = 35 13 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection aot: 14 || under this Order must be clearly so designated before the material is disclosed or 5 FB of 15 || produced. gee 16 Designation in conformity with this Order requires: R17 (a) for information in documentary form (e.g., paper or electronic 18 || documents, but excluding transcripts of depositions or other pretrial or trial 19 || proceedings), that the Producing Party affix at a minimum, the legend 20 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 21 || contains protected material. If only a portion of the material on a page qualifies for 22 || protection, the Producing Party also must clearly identify the protected portion(s) 23 || (e.g., by making appropriate markings in the margins). 24 A Party or Non-Party that makes original documents available for inspection 25 || need not designate them for protection until after the inspecting Party has indicated 26 || which documents it would like copied and produced. During the inspection and 27 || before the designation, all of the material made available for inspection shall be 28 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the 7 a CASE NO. 2-21-CV-T257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page 8of16 Page ID #:180 1 || documents it wants copied and produced, the Producing Party must determine 2 || which documents, or portions thereof, qualify for protection under this Order. 3 || Then, before producing the specified documents, the Producing Party must affix the 4 | “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 5 || portion of the material on a page qualifies for protection, the Producing Party also 6 || must clearly identify the protected portion(s) (e.g., by making appropriate markings 7 || in the margins). 8 (b) for testimony given in depositions, that the Designating Party 9 || identifies the Disclosure or Discovery Material on the record, before the close of 10 || the deposition, that constitutes protected testimony. 11 (c) for information produced in some form other than documentary cg. 12 || and for any other tangible items, that the Producing Party affix in a prominent = = 35 13 || place on the exterior of the container or containers in which the information is aot: 14 || stored the legend “CONFIDENTIAL.” If only a portion or portions of the 15 || information warrants protection, the Producing Party, to the extent practicable, gee 16 || shall identify the protected portion(s). R17 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent 18 || failure to designate qualified information or items does not, standing alone, waive 19 || the Designating Party’s right to secure protection under this Order for such 20 || material. Upon timely correction of a designation, the Receiving Party must make 21 || reasonable efforts to assure that the material 1s treated in accordance with the 22 || provisions of this Order. 23 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 25 || designation of confidentiality at any time that is consistent with the Court’s 26 || Scheduling Order. 27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 28 || resolution process under Local Rule 37.1 et seq. a CASE NO. 2-21-CV-T257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page9of16 Page ID#:181 l 6.3 The burden of persuasion in any such challenge proceeding shall be on 2 || the Designating Party. Frivolous challenges, and those made for an improper 3 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 4 || parties) may expose the Challenging Party to sanctions. Unless the Designating 5 || Party has waived or withdrawn the confidentiality designation, all parties shall 6 || continue to afford the material in question the level of protection to which it is 7 || entitled under the Producing Party’s designation until the Court rules on the 8 || challenge. 9 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL 10 7.1. Basic Principles. A Receiving Party may use Protected Material that is 11 || disclosed or produced by another Party or by a Non-Party in connection with this cg. 12 || Action only for prosecuting, defending or attempting to settle this Action. Such = = 35 13 || Protected Material may be disclosed only to the categories of persons and under the aot: 14 || conditions described in this Order. When the Action has been terminated, a 15 || Receiving Party must comply with the provisions of section 13 below (FINAL gee 16 || DISPOSITION). R17 Protected Material must be stored and maintained by a Receiving Party at a 18 || location and in a secure manner that ensures that access is limited to the persons 19 || authorized under this Order. 20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 21 || otherwise ordered by the court or permitted in writing by the Designating Party, a 22 || Receiving Party may disclose any information or item designated 23 || “CONFIDENTIAL” only to: 24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 25 || well as employees of said Outside Counsel of Record to whom it is reasonably 26 || necessary to disclose the information for this Action; 27 (b) the officers, directors, and employees (including House Counsel) 28 || of the Receiving Party to whom disclosure is reasonably necessary for this Action; a CASE NO. 2-21-CV-T257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page10o0f16 Page ID #:182 l (c) Experts (as defined in this Order) of the Receiving Party to whom 2 || disclosure is reasonably necessary for this Action and who have signed the 3 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 || Vendors to whom disclosure is reasonably necessary for this Action and who have § || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (g) the author or recipient of a document containing the information or 10 || a custodian or other person who otherwise possessed or knew the information; 11 (h) during their depositions, witnesses, and attorneys for witnesses, in cg. 12 || the Action to whom disclosure is reasonably necessary provided: (1) the deposing = = 35 13 || party requests that the witness sign the form attached as Exhibit A hereto; and aot: 14 || (2) they will not be permitted to keep any confidential information unless they sign 15 || the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise gee 16 || agreed by the Designating Party or ordered by the court. Pages of transcribed R17 deposition testimony or exhibits to depositions that reveal Protected Material may 18 || be separately bound by the court reporter and may not be disclosed to anyone 19 || except as permitted under this Stipulated Protective Order; and 20 (i) any mediator or settlement officer, and their supporting personnel, 21 || mutually agreed upon by any of the parties engaged in settlement discussions. 22 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 23 IN OTHER LITIGATION 24 If a Party is served with a subpoena or a court order issued in other litigation 25 || that compels disclosure of any information or items designated in this Action as 26 || “CONFIDENTIAL,” that Party must: 27 (a) promptly notify in writing the Designating Party. Such 28 || notification shall include a copy of the subpoena or court order; i a CASE NO. 2-21-CV-T257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page11o0f16 Page ID #:183 l (b) promptly notify in writing the party who caused the subpoena or 2 || order to issue in the other litigation that some or all of the material covered by the 3 || subpoena or order is subject to this Protective Order. Such notification shall 4 || include a copy of this Stipulated Protective Order; and 5 (c) cooperate with respect to all reasonable procedures sought to be 6 || pursued by the Designating Party whose Protected Material may be affected. 7 If the Designating Party timely seeks a protective order, the Party served with 8 || the subpoena or court order shall not produce any information designated in this 9 || action as “CONFIDENTIAL” before a determination by the court from which the 10 || subpoena or order issued, unless the Party has obtained the Designating Party’s 11 || permission. The Designating Party shall bear the burden and expense of seeking cg. 12 || protection in that court of its confidential material and nothing in these provisions = = 35 13 || should be construed as authorizing or encouraging a Receiving Party in this Action aot: 14 || to disobey a lawful directive from another court. 15 | 9. NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 32 8 16 PRODUCED IN THIS LITIGATION R17 (a) The terms of this Order are applicable to information produced by 18 || a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 19 || information produced by Non-Parties in connection with this litigation is protected 20 || by the remedies and relief provided by this Order. Nothing in these provisions 21 || should be construed as prohibiting a Non-Party from seeking additional protections. 22 (b) In the event that a Party is required, by a valid discovery request, 23 || to produce a Non-Party’s confidential information in its possession, and the Party is 24 || subject to an agreement with the Non-Party not to produce the Non-Party’s 25 || confidential information, then the Party shall: 26 (1) promptly notify in writing the Requesting Party and the 27 Non-Party that some or all of the information requested is subject to a 28 confidentiality agreement with a Non-Party; i a CASE NO. 2-21-CV-T257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page12o0f16 Page ID #:184 l (2) promptly provide the Non-Party with a copy of the 2 Stipulated Protective Order in this Action, the relevant discovery request(s), 3 and a reasonably specific description of the information requested; and 4 (3) make the information requested available for inspection by 5 the Non-Party, if requested. 6 (c) If the Non-Party fails to seek a protective order from this court 7 || within 14 days of receiving the notice and accompanying information, the 8 || Receiving Party may produce the Non-Party’s confidential information responsive 9 || to the discovery request. If the Non-Party timely seeks a protective order, the 10 || Receiving Party shall not produce any information in its possession or control that 11 || is subject to the confidentiality agreement with the Non-Party before a cg. 12 || determination by the court. Absent a court order to the contrary, the Non-Party □□□ 13 || shall bear the burden and expense of seeking protection in this court of its Protected 3 : : 14 || Material. 15 | 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL gee 16 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed =~ 17 || Protected Material to any person or in any circumstance not authorized under this 18 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in 19 || writing the Designating Party of the unauthorized disclosures, (b) use its best 20 || efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 21 || person or persons to whom unauthorized disclosures were made of all the terms of 22 || this Order, and (d) request such person or persons to execute the “Acknowledgment 23 || and Agreement to Be Bound” that is attached hereto as Exhibit A. 24 || 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 25 PROTECTED MATERIAL 26 When a Producing Party gives notice to Receiving Parties that certain 27 || inadvertently produced material is subject to a claim of privilege or other 28 || protection, the obligations of the Receiving Parties are those set forth in Federal 12 a CASE NO. 2-21-CV-T257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page130f16 Page ID #:185 1 || Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 2 || whatever procedure may be established in an e-discovery order that provides for 3 || production without prior privilege review. Pursuant to Section (1) of the parties’ 4 | Joint Rule 26(f) Report filed as Dkt. No. 22 on December 29, 2021, pursuant to 5 || Federal Rule of Evidence 502(e), the Parties have agreed that documents protected 6 || by the attorney-client privilege or that constitute work product that are inadvertently 7 || produced shall be returned to the Producing Party, and the inadvertent production of 8 || the privileged or work-product protected document shall not be a waiver of such 9 || protections, notwithstanding anything to the contrary contained in Federal Rule of 10 || Evidence 502 or other rule governing inadvertent disclosure. 11 | 12. MISCELLANEOUS cg. 12 12.1 Right to Further Relief. Nothing in this Order abridges the right of any = = 13 || person to seek its modification by the Court in the future. aot: 14 12.2 Right to Assert Other Objections. By stipulating to the entry of this 15 || Protective Order, no Party waives any right it otherwise would have to object to gee 16 || disclosing or producing any information or item on any ground not addressed in =” 17 || this Stipulated Protective Order. Similarly, no Party waives any right to object on 18 || any ground to use in evidence of any of the material covered by this Protective 19 || Order. 20 12.3 Filing Protected Material. A Party that seeks to file under seal any 21 || Protected Material must comply with Local Civil Rule 79-5. Protected Material 22 || may only be filed under seal pursuant to a court order authorizing the sealing of the 23 || specific Protected Material at issue. If a Party’s request to file Protected Material 24 || under seal is denied by the court, then the Receiving Party may file the information 25 || in the public record unless otherwise instructed by the court. 26 | /// 27 |) /// 28 |) /// 3 a CASE NO. 2-21-CV-T257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page14o0f16 Page ID #:186 1 || 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, within 60 3 || days of a written request by the Designating Party, each Receiving Party must 4 || return all Protected Material to the Producing Party or destroy such material. As 5 || used in this subdivision, “all Protected Material” includes all copies, abstracts, 6 || compilations, summaries, and any other format reproducing or capturing any of the 7 || Protected Material. Whether the Protected Material is returned or destroyed, the 8 || Receiving Party must submit a written certification to the Producing Party (and, if 9 || not the same person or entity, to the Designating Party) by the 60 day deadline that 10 || (1) identifies (by category, where appropriate) all the Protected Material that was 11 || returned or destroyed and (2) affirms that the Receiving Party has not retained any cg. 12 || copies, abstracts, compilations, summaries or any other format reproducing or 523? 13 || capturing any of the Protected Material. Notwithstanding this provision, Counsel aot: 14 || are entitled to retain an archival copy of all pleadings, motion papers, trial, Bee 15 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition 3288 16 || and trial exhibits, expert reports, attorney work product, and consultant and expert =” 17 || work product, even if such materials contain Protected Material. Any such archival 18 || copies that contain or constitute Protected Material remain subject to this Protective 19 || Order as set forth in Section 4 (DURATION). 20 || /// 21 | /// 22 || /// 23 | /// 24 | /// 25 | /// 26 |) /// 27 | /// 28 |) /// i a CASE NO. 2-21-CV-T257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page15o0f16 Page ID #:187 1 || 14. MIOLATION 2 Any violation of this Order may be punished by appropriate measures 3 || including, without limitation, contempt proceedings and/or monetary sanctions. 5 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. DATED: February 11, 2022 GREENBERG GLUSKER FIELDS 7 CLAMAN & MACHTINGER LLP 9 By:_/s/ Peter A. Nyquist PETER A. NYQUIST (SBN 180953) 7 10 Attorneys for Defendant and Counterclaimant Plaintiff BROAN- = 11 NUTONE, LLC = o $s. 12 BacS BUGS 13 | ATTESTATION PURSUANT TO LOCAL RULE 5-4.3.4 mimes a7 ae 14 The filer above attests pursuant to Local Rule 5-4.3.4 that concurrence in the = zo 15 || filing of this document has been obtained from each of the other signatories hereto. 2 & CSEZ 16 = □□ □□ DATED: February 11, 2022 EDGCOMB LAW GROUP, LLP [18] 19 By:_/s/ Tiffany R. Hedgpeth TIFFANY R. HEDGPETH (SBN 175134) 20 Attorneys for Plaintiffs Slauson Super Mall, Inc.; Kayla Properties, LLC; Ethan 21 26, LLC, Pacific Star Properties, LLC; Leader Group Enterprises, LLC; Wall 22 Street Enterprises, LLC and SSR, LLC [24] 25 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 26 || DATED: 02/14/2022 . 27 | Repehhis, , O20 HON¥ROZELLA A. OLIVER 28 || United States Magistrate Judge 5 STIPULATED PROTECTIVE ORDER CASE NO. 2-21-CV-7257-RAO 10894-00002/4267982.3 Case 2:21-cv-07257-RAO Document 33 Filed 02/14/22 Page16o0f16 Page ID #:188 [10] ll [3] Sass anes go7, (13 Base ayaa 4 $E5C Satg 15 mYes Og? o=5= 16 B25 pa 17 [28] 16 STIPULATED PROTECTIVE ORDER CASE NO. 2-21-CV-7257-RAO 10894-00002/4267982.3