Rave Wonderland, Inc. v. City Lingerie, Inc.

1 MARK B. MIZRAHI (BAR NO. 179384) mark.mizrahi@ffslaw.com 2 ARASH BERAL (BAR NO. 245219) arash.beral@ffslaw.com 3 JOHN D. STANLEY (BAR NO. 301308) john.stanley@ffslaw.com 4 FREEMAN, FREEMAN & SMILEY, LLP 1888 Century Park East, Suite 1500 5 Los Angeles, California 90067 Telephone: (310) 255-6100 6 Facsimile: (310) 255-6200 7 Attorneys for Plaintiff RAVE WONDERLAND, INC. [8] Nicholas D. Myers (State Bar No. 251809) 9 nicholas@themyerslg.com Clifford L. White (State Bar No. 210423) 10 cliff@themyerslg.com THE MYERS LAW GROUP 11 4695 MacArthur Court, Suite 200 Newport Beach, California 92660 12 T: 949.825.5590 F: 949.861.6220 13 E: litigation@themyerslg.com 14 Attorneys for CITY LINGERIE, INC. d/b/a RAVELAND and NAVID JAVIDZAD [15] 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA [18] RAVE WONDERLAND, INC., a 19 California corporation, Case No. 2:19-cv-04546-RSWL (MRWx) 20 Plaintiff, Hon. Ronald S. W. Lew 21 v. Mag. Judge: Hon. Michael R. Wilner 22 CITY LINGERIE, INC. d/b/a STIPULATED PROTECTIVE ORDER RAVELAND, a California 23 Corporation; NAVID JAVIDZAD, an (MRW VERSION 4/19) individual, and DOES 1 through 10, 24 ☐ Check if submitted without material 25 Defendants. modifications to MRW form [27] 1 TO THE COURT, THE PARTIES, AND THEIR COUNSEL OF 2 RECORD HEREIN: 3 The Parties have met and conferred and hereby agree to the Court’s entry of a 4 stipulated Protective Order governing confidential information that may be disclosed 5 or discovered in this case as follows: 6 1. INTRODUCTION 7 1.1 PURPOSES AND LIMITATIONS 8 Discovery in this action is likely to involve production of confidential, 9 proprietary, or private information for which special protection from public disclosure 10 and from use for any purpose other than prosecuting this litigation may be warranted. 11 Accordingly, the parties hereby stipulate to and petition the Court to enter the 12 following Stipulated Protective Order. The parties acknowledge that this Order does 13 not confer blanket protections on all disclosures or responses to discovery and that 14 the protection it affords from public disclosure and use extends only to the limited 15 information or items that are entitled to confidential treatment under the applicable 16 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 17 that this Stipulated Protective Order does not entitle them to file confidential 18 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 19 followed and the standards that will be applied when a party seeks permission from 20 the court to file material under seal. 21 1.2 GOOD CAUSE STATEMENT 22 Good cause exists for the entry of this pretrial protective order because this case 23 relates to alleged intellectual property infringement and Plaintiff alleges that the 24 parties are direct competitors. Anticipated discovery includes confidential 25 commercial information including trade secrets such as private financial information 26 and business plans of both Plaintiff and Defendant. In addition, discovery may include 27 customer and/or supplier lists, sales and revenue information, and advertising and 1 552, 555 n.4 (C.D. Cal. 2007) (“Customer/supplier lists and sales and revenue 2 information qualify as ‘confidential commercial information’” under Rule 26.). 3 Disclosure of this information to the other party or the public would be damaging to 4 the parties’ respective business interests. 5 Further, good cause exists for a two-tiered, attorney-eyes-only protective order 6 that designates certain material as “Highly Confidential” since this case involves 7 allegations of intellectual property infringement that may require production of highly 8 confidential financial, customer, and supplier information. Nutratech, Inc. v. Syntech 9 Int’l, Inc., 242 F.R.D. 552, 556 (C.D. Cal. 2007) (“Many cases involving claims of 10 trademark infringement require the production of customer and supplier lists and such 11 lists are customarily produced subject to an ‘attorney’s eyes only’ order.”) [12] 13 2. DEFINITIONS 14 2.1 Action: this pending federal law suit. 15 2.2 Challenging Party: a Party or Non-Party that challenges the designation 16 of information or items under this Order. 17 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 18 how it is generated, stored or maintained) or tangible things that qualify for protection 19 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 20 Cause Statement. 21 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 22 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” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 26 ONLY.” 27 2.6 Disclosure or Discovery Material: all items or information, regardless 1 among other things, testimony, transcripts, and tangible things), that are produced or 2 generated in disclosures or responses to discovery in this matter. 3 2.7 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as 5 an expert witness or as a consultant in this Action. 6 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 7 Information or Items: extremely sensitive “Confidential Information or Items,” 8 disclosure of which to another Party or Non-Party would create a substantial risk of 9 serious harm that could not be avoided by less restrictive means. 10 2.9 House Counsel: attorneys who are employees of a party to this Action. 11 House Counsel does not include Outside Counsel of Record or any other outside 12 counsel. 13 2.10 Non-Party: any natural person, partnership, corporation, association, or 14 other legal entity not named as a Party to this action. 15 2.11 Outside Counsel of Record: attorneys who are not employees of a party 16 to this Action but are retained to represent or advise a party to this Action and have 17 appeared in this Action on behalf of that party or are affiliated with a law firm which 18 has appeared on behalf of that party, and includes support staff. 19 2.12 Party: any party to this Action, including all of its owners, shareholders, 20 members, officers, directors, agents, employees, consultants, retained experts, and 21 Outside Counsel of Record (and their support staffs). 22 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 23 Discovery Material in this Action. 24 2.14 Professional Vendors: persons or entities that provide litigation support 25 services (e.g., photocopying, videotaping, translating, preparing exhibits or 26 demonstrations, and organizing, storing, or retrieving data in any form or medium) 27 and their employees and subcontractors. 1 designated as “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL – 2 ATTORNEYS’ EYES ONLY.” 3 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 4 from a Producing Party. [5] 6 3. SCOPE 7 The protections conferred by this Stipulation and Order cover not only 8 Protected Material (as defined above), but also (1) any information copied or extracted 9 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 10 Protected Material; and (3) any testimony, conversations, or presentations by Parties 11 or their Counsel that might reveal Protected Material. However, the protections 12 conferred by this Stipulation and Order do not cover the following information: (a) 13 any information that is in the public domain at the time of disclosure to a Receiving 14 Party or becomes part of the public domain after its disclosure to a Receiving Party 15 as a result of publication not involving a violation of this Order, including becoming 16 part of the public record through trial or otherwise; and (b) any information known to 17 the Receiving Party prior to the disclosure, as evidenced by documentation, or 18 obtained by the Receiving Party after the disclosure from a source who obtained the 19 information lawfully and under no obligation of confidentiality to the Designating 20 Party. 21 Any use of Protected Material at trial will be governed by the orders of the trial 22 judge. This Order does not govern the use of Protected Material at trial. [23] 24 4. DURATION 25 Even after final disposition of this litigation, the confidentiality obligations 26 imposed by this Order will remain in effect until a Designating Party agrees otherwise 27 in writing or a court order otherwise directs. Final disposition will be deemed to be 1 prejudice; and (2) final judgment herein after the completion and exhaustion of all 2 appeals, rehearings, remands, trials, or reviews of this Action, including the time 3 limits for filing any motions or applications for extension of time pursuant to 4 applicable law. [5] 6 5. DESIGNATING PROTECTED MATERIAL 7 5.1 Exercise of Restraint and Care in Designating Material for Protection. 8 Each Party or Non-Party that designates information or items for protection under this 9 Order must take care to limit any such designation to specific material that qualifies 10 under the appropriate standards. The Designating Party must designate for protection 11 only those parts of material, documents, items, or oral or written communications that 12 qualify so that other portions of the material, documents, items, or communications 13 for which protection is not warranted are not swept unjustifiably within the ambit of 14 this Order. 15 Mass, indiscriminate, or routinized designations are prohibited. Designations 16 that are shown to be clearly unjustified or that have been made for an improper 17 purpose (e.g., to unnecessarily encumber the case development process or to impose 18 unnecessary expenses and burdens on other parties) may expose the Designating Party 19 to sanctions. 20 If it comes to a Designating Party’s attention that information or items that it 21 designated for protection do not qualify for protection at all or do not qualify for the 22 level of protection initially asserted, that Designating Party must promptly notify all 23 other Parties that it is withdrawing or modifying the inapplicable designation. 24 5.2 Manner and Timing of Designations. Except as otherwise provided in 25 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 26 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 27 under this Order must be clearly so designated before the material is disclosed or 1 Designation in conformity with this Order requires: 2 (a) for information in documentary form (e.g., paper or electronic documents, 3 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 4 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY 5 CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” to each page that contains 6 protected material. If only a portion or portions of the material on a page qualifies for 7 protection, the Producing Party also must clearly identify the protected portion(s) 8 (e.g., by making appropriate markings in the margins) and must specify, for each 9 portion, the level of protection being asserted. 10 A Party or Non-Party that makes original documents available for inspection 11 need not designate them for protection until after the inspecting Party has indicated 12 which documents it would like copied and produced. During the inspection and before 13 the designation, all of the material made available for inspection will be deemed 14 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting 15 Party has identified the documents it wants copied and produced, the Producing Party 16 must determine which documents, or portions thereof, qualify for protection under 17 this Order. Then, before producing the specified documents, the Producing Party must 18 affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 19 ATTORNEYS’ EYES ONLY”) to each page that contains Protected Material. If only 20 a portion or portions of the material on a page qualifies for protection, the Producing 21 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 22 markings in the margins) and must specify, for each portion, the level of protection 23 being asserted. 24 (b) for testimony given in deposition or in other pretrial or trial proceedings, 25 that the Designating Party identify on the record, before the close of the deposition, 26 hearing, or other proceeding, all protected testimony and specify the level of 27 protection being asserted. When it is impractical to identify separately each portion 1 testimony may qualify for protection, the Designating Party may invoke on the record 2 (before the deposition, hearing, or other proceeding is concluded) a right to have up 3 to 21 days to identify the specific portions of the testimony as to which protection is 4 sought and to specify the level of protection being asserted. Only those portions of 5 the testimony that are appropriately designated for protection within the 21 days shall 6 be covered by the provisions of this Stipulated Protective Order. Alternatively, if 7 appropriate, a Designating Party may specify, at the deposition or up to 21 days 8 afterwards if that period is properly invoked, that the entire transcript shall be treated 9 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 10 ONLY.” 11 Parties shall give the other parties notice if they reasonably expect a 12 deposition, hearing or other proceeding to include Protected Material so that the other 13 parties can ensure that only authorized individuals who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those 15 proceedings. The use of a document as an exhibit at a deposition shall not in any way 16 affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 17 ATTORNEYS’ EYES ONLY.” 18 Transcripts containing Protected Material shall have an obvious legend on the 19 title page that the transcript contains Protected Material, and the title page shall be 20 followed by a list of all pages (including line numbers as appropriate) that have been 21 designated as Protected Material and the level of protection being asserted by the 22 Designating Party. The Designating Party shall inform the court reporter of these 23 requirements. Any transcript that is prepared before the expiration of a 21-day period 24 for designation shall be treated during that period as if it had been designated 25 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless 26 otherwise agreed. After the expiration of that period, the transcript shall be treated 27 only as actually designated. 1 other tangible items, that the Producing Party affix in a prominent place on the exterior 2 of the container or containers in which the information is stored the legend 3 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 4 ONLY.” If only a portion or portions of the information warrants protection, the 5 Producing Party, to the extent practicable, will identify the protected portion(s) and 6 specify the level of protection being asserted. 7 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 8 failure to designate qualified information or items does not, standing alone, waive the 9 Designating Party’s right to secure protection under this Order for such material. 10 Upon timely correction of a designation, the Receiving Party must make reasonable 11 efforts to assure that the material is treated in accordance with the provisions of this 12 Order. [13] 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 16 designation of confidentiality at any time that is consistent with the Court’s 17 Scheduling Order. 18 6.2 Meet and Confer. The Challenging Party will initiate the dispute 19 resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1 20 et seq. 21 6.3 The burden of persuasion in any such challenge proceeding will be on 22 the Designating Party. Frivolous challenges, and those made for an improper purpose 23 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 24 expose the Challenging Party to sanctions. Unless the Designating Party has waived 25 or withdrawn the confidentiality designation, all parties will continue to afford the 26 material in question the level of protection to which it is entitled under the Producing 27 Party’s designation until the Court rules on the challenge. 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending, or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the Action has been terminated, a Receiving 7 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 8 Protected Material must be stored and maintained by a Receiving Party at a 9 location and in a secure manner that ensures that access is limited to the persons 10 authorized under this Order. 11 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 12 otherwise ordered by the court or permitted in writing by the Designating Party, a 13 Receiving Party may disclose any information or item designated 14 “CONFIDENTIAL” only to: 15 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 16 as employees of said Outside Counsel of Record to whom it is reasonably necessary 17 to disclose the information for this Action; 18 (b) the officers, directors, and employees (including House Counsel) of the 19 Receiving Party to whom disclosure is reasonably necessary for this Action; 20 (c) Experts (as defined in this Order) of the Receiving Party to whom 21 disclosure is reasonably necessary for this Action and who have signed the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (d) the Court and its personnel; 24 (e) court reporters and their staff; 25 (f) professional jury or trial consultants, mock jurors, and Professional 26 Vendors to whom disclosure is reasonably necessary for this Action and who have 27 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 1 custodian or other person who otherwise possessed or knew the information; 2 (h) during their depositions, witnesses, and attorneys for witnesses, in the 3 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 4 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 5 not be permitted to keep any confidential information unless they sign the 6 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 7 agreed by the Designating Party or ordered by the court. Pages of transcribed 8 deposition testimony or exhibits to depositions that reveal Protected Material may be 9 separately bound by the court reporter and may not be disclosed to anyone except as 10 permitted under this Stipulated Protective Order; and 11 (i) any mediator or settlement officer, and their supporting personnel, 12 mutually agreed upon by any of the parties engaged in settlement discussions. 13 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 14 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 15 writing by the Designating Party, a Receiving Party may disclose any information or 16 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only 17 to: 18 (a) the Receiving Party’s Outside Counsel of Record in this action, as well 19 as employees of said Outside Counsel of Record to whom it is reasonably necessary 20 to disclose the information for this litigation; 21 (b) Experts of the Receiving Party (1) to whom disclosure is reasonably 22 necessary for this litigation, (2) who have signed the “Acknowledgment and 23 Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth in 24 paragraph 7.4, below, have been followed; 25 (c) the court and its personnel; 26 / / / 27 / / / 1 (d) court reporters and their staff, professional jury or trial consultants, mock 2 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 3 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 4 (Exhibit A); and 5 (f) the author or lawful recipient of a document containing the information 6 or a custodian or other person who otherwise possessed or knew the information. 7 7.4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 8 EYES ONLY” information or items may be disclosed to an Expert without disclosure 9 of the identity of the Expert as long as the Expert is not a current owner, shareholder, 10 member, officer, director, agent, or employee of a competitor of a Party or anticipated 11 to become one. 12 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 13 OTHER LITIGATION 14 If a Party is served with a subpoena or a court order issued in other litigation 15 that compels disclosure of any information or items designated in this Action as 16 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 17 ONLY,” that Party must: 18 (a) promptly notify in writing the Designating Party. Such notification will 19 include a copy of the subpoena or court order; 20 (b) promptly notify in writing the party who caused the subpoena or order 21 to issue in the other litigation that some or all of the material covered by the subpoena 22 or order is subject to this Protective Order. Such notification will include a copy of 23 this Stipulated Protective Order; and 24 (c) cooperate with respect to all reasonable procedures sought to be pursued 25 by the Designating Party whose Protected Material may be affected. 26 If the Designating Party timely seeks a protective order, the Party served with 27 the subpoena or court order will not produce any information designated in this action 1 ONLY” before a determination by the court from which the subpoena or order issued, 2 unless the Party has obtained the Designating Party’s permission. The Designating 3 Party will bear the burden and expense of seeking protection in that court of its 4 confidential material and nothing in these provisions should be construed as 5 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 6 directive from another court. [7] 8 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 9 PRODUCED IN THIS LITIGATION 10 (a) The terms of this Order are applicable to information produced by a 11 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 12 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Such information produced by 13 Non-Parties in connection with this litigation is protected by the remedies and relief 14 provided by this Order. Nothing in these provisions should be construed as prohibiting 15 a Non-Party from seeking additional protections. 16 (b) In the event that a Party is required, by a valid discovery request, to 17 produce a Non-Party’s confidential information in its possession, and the Party is 18 subject to an agreement with the Non-Party not to produce the Non-Party’s 19 confidential information, then the Party will: 20 (1) promptly notify in writing the Requesting Party and the Non-Party 21 that some or all of the information requested is subject to a confidentiality agreement 22 with a Non-Party; 23 (2) promptly provide the Non-Party with a copy of the Stipulated 24 Protective Order in this Action, the relevant discovery request(s), and a reasonably 25 specific description of the information requested; and 26 (3) make the information requested available for inspection by the Non27 Party, if requested. 1 14 days of receiving the notice and accompanying information, the Receiving Party 2 may produce the Non-Party’s confidential information responsive to the discovery 3 request. If the Non-Party timely seeks a protective order, the Receiving Party will not 4 produce any information in its possession or control that is subject to the 5 confidentiality agreement with the Non-Party before a determination by the court. 6 Absent a court order to the contrary, the Non-Party will bear the burden and expense 7 of seeking protection in this court of its Protected Material. [8] 9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 10 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 11 Protected Material to any person or in any circumstance not authorized under this 12 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 13 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 14 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 15 persons to whom unauthorized disclosures were made of all the terms of this Order, 16 and (d) request such person or persons to execute the “Acknowledgment and 17 Agreement to Be Bound” that is attached hereto as Exhibit A. [18] 19 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 20 PROTECTED MATERIAL 21 When a Producing Party gives notice to Receiving Parties that certain 22 inadvertently produced material is subject to a claim of privilege or other protection, 23 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 24 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 25 may be established in an e-discovery order that provides for production without prior 26 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 27 parties reach an agreement on the effect of disclosure of a communication or 1 parties may incorporate their agreement in the stipulated protective order submitted 2 to the court. [3] 4 12. MISCELLANEOUS 5 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 6 person to seek its modification by the Court in the future. 7 12.2 Right to Assert Other Objections. By stipulating to the entry of this 8 Protective Order, no Party waives any right it otherwise would have to object to 9 disclosing or producing any information or item on any ground not addressed in this 10 Stipulated Protective Order. Similarly, no Party waives any right to object on any 11 ground to use in evidence of any of the material covered by this Protective Order. 12 12.3 Filing Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 14 only be filed under seal pursuant to a court order authorizing the sealing of the specific 15 Protected Material at issue. If a Party’s request to file Protected Material under seal is 16 denied by the court, then the Receiving Party may file the information in the public 17 record unless otherwise instructed by the court. [18] 19 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 Party 26 must submit a written certification to the Producing Party (and, if not the same person 27 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 1 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 2 compilations, summaries or any other format reproducing or capturing any of the 3 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 4 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] 11 14. Any willful violation of this Order may be punished by civil or criminal 12 contempt proceedings, financial or evidentiary sanctions, reference to disciplinary 13 authorities, or other appropriate action at the discretion of the Court. [14] 15 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. [16] 17 FREEMAN, FREEMAN, & SMILEY, LLP [18] 19 DATED: March 6, 2020 /s/ Arash Beral Mark B. Mizrahi 20 Arash Beral John D. Stanley 21 Attorneys for Plaintiff RAVE WONDERLAND, INC. [22] 23 THE MYERS LAW GROUP [24] 25 DATED: March 6, 2020 /s/ Clifford L. White Nicholas D. Myers 26 Clifford L. White Attorneys for Defendants CITY LINGERIE, 27 and NAVID JAVIDZAD 1 |} FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. [2] (ld — 4 || DATED: March 6, 2020 5 United States Magisirate Judge [17] 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND [3] 4 I, _____________________________ [full name], of _________________ 5 [full address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on [date] in the case of 8 ___________ [insert case name and number]. I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment 11 in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint __________________________ [full 18 name] of _______________________________________ [full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order. 22 Date: ______________________________________ 23 City and State where signed: _________________________________ [24] 25 Printed name: _______________________________ [26] 27 Signature: __________________________________ DECLARATION OF ELECTRONIC SERVICE [1] Central District of California Case No. 2:19-cv-04546-RSWL (MRWx) [2] 3 Service of the attached document was accomplished pursuant to Central 4 District of California, Order Authorizing Electronic Filing, General Order No. 08-03 5 and Local Rule 5.3-3, which provide in part: “Upon the electronic filing of a 6 document, a Notice of Electronic Filing (NEF) is automatically generated by the 7 CM/ECF system and sent by e-mail to all attorneys in the case who are registered as 8 CM/ECF Users and have consented to electronic service. Service by this electronic 9 NEF constitutes service pursuant to the Federal Rules of Civil and Criminal Procedure 10 for all attorneys who have consented to electronic service.” 11 I declare under penalty of perjury under the laws of the United States of 12 America that the above is true and correct. 13 Executed on March 6, 2020, at Newport Beach, California. 14 By: /s/Clifford L. White Clifford L. White