Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 1 of 21 Page ID #:99
`Case22a%8~éxeeQ£)7@e®m1eBmAPunocunmmmiaatnned ¢4ve:5ma14;e@os1 oPage ll>a§éQD #:99
`
`MARK D. BRUTZKUS, SBN 128102
`LUIS A. GARCIA, SBN 146876
`EZRAIBRUTZKUSIGUBNER LLP
`21650 Oxnard Street, S11ll_‘.C 500
`Woodland Hills, California 91367
`Telephone: 8 1 8827-9000
`Facsimile: 818-827-9099
`E-mail:
`mbrutzkus@eb -law.com
`lgarc1a@eEg—Iaw.com
`
`Attome s for Defendants KANDY KISS OF CALIFORNIA, INC., TARGET
`CORP RATION and TARGET BRANDS, INC.
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`CASE NO.: CV08-00075 ODW (PLAX)
`
`STIPULATION AND ]
`
`PROTECTIVE ORDE
`
`L.A. PRINTEX, INC., 21 California
`corporation,
`
`Plaintiff,
`
`vs.
`
`TARGET CORPORATION;
`TARGET BRANDS, INC.;
`KANDY KISS OF CALIFORNIA
`INC.; and DOES 1 through 10,
`inclusive,
`
`Defendants.
`
`TO THE HONORABLE COURT:
`
`The Parties, by and through their counsel of record herein, hereby stipulate
`
`to the following Protective Order to govern discovery in this case.
`
`1. GOOD CAUSE FOR THIS ORDER
`
`This action involves a claim that a number of defendants, including retailers
`
`and garment manufacturers, sold garments bearing a pattern that infringes upon the
`
`plaintiffs copyright. Defendants deny and dispute plaintiffs claims.
`
` 1
`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
`
`
`Case22a%8~éxeeQ£)7@e®m1eBmAPunocunmmmiaatnned ¢4ve:5ma14;e@os1 oPage ll>a§éQD #:99
`
`MARK D. BRUTZKUS, SBN 128102
`LUIS A. GARCIA, SBN 146876
`EZRAIBRUTZKUSIGUBNER LLP
`21650 Oxnard Street, S11ll_‘.C 500
`Woodland Hills, California 91367
`Telephone: 8 1 8827-9000
`Facsimile: 818-827-9099
`E-mail:
`mbrutzkus@eb -law.com
`lgarc1a@eEg—Iaw.com
`
`Attome s for Defendants KANDY KISS OF CALIFORNIA, INC., TARGET
`CORP RATION and TARGET BRANDS, INC.
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`CASE NO.: CV08-00075 ODW (PLAX)
`
`STIPULATION AND ]
`
`PROTECTIVE ORDE
`
`L.A. PRINTEX, INC., 21 California
`corporation,
`
`Plaintiff,
`
`vs.
`
`TARGET CORPORATION;
`TARGET BRANDS, INC.;
`KANDY KISS OF CALIFORNIA
`INC.; and DOES 1 through 10,
`inclusive,
`
`Defendants.
`
`TO THE HONORABLE COURT:
`
`The Parties, by and through their counsel of record herein, hereby stipulate
`
`to the following Protective Order to govern discovery in this case.
`
`1. GOOD CAUSE FOR THIS ORDER
`
`This action involves a claim that a number of defendants, including retailers
`
`and garment manufacturers, sold garments bearing a pattern that infringes upon the
`
`plaintiffs copyright. Defendants deny and dispute plaintiffs claims.
`
` 1
`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
`
`
`
`Case zasecasowcvaiomwonw-PnAcurnexmunr}:enF1I¢d ofillfidmu/1I=ié2j19& of |2a9eFi’agfe1(b #:1oo
`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 2 of 21 Page ID #:100
`
`In connection with its claims, Plaintiff L. A. PRINTEX INDUSTRIES, INC.
`
`("Plaintiff") has sought from Defendants Kandy Kiss of California, Inc., Target
`
`Corporation and Target. Brands, Inc. (hereafter jointly referred to as the
`
`"Defendants") the discovery of documents and information that Defendants
`
`contend may be particularly sensitive, confidential and proprietary information
`
`relating to vendor prices, goods sold, internal operating expenses associated with
`
`particular goods, operating margins, gross and net profits and the like. Defendants
`
`contend the documents and information requested constitute proprietary, trade
`
`secret, and other protected confidential information subject to protection under the
`Uniform Trade Secrets Act ("UTSA"), which (1) derives independent economic
`
`value, actual or potential, from not being generally known to the public or to other
`persons who can obtain economic value fromits disclosure or use, and (2) is the
`
`subject of efforts that are reasonable under the circumstances to maintain its
`
`secrecy." [California Civil Code § 3426.1, subd. (d); Reeves v. Hanlon, 33 Cal.
`
`, 4th 1140, 1155 (2004)].
`
`Defendants contend the disclosure of such non—pub1ic information would
`
`give their business competitors a competitive advantage to which they are not
`
`lawfully entitled. These Defendants contend they have good cause to protect the
`
`confidentiality of their sales and operating information from the public. As this
`
`type of confidential sales and operating information is not ordinarily available to
`
`other retailers, manufacturers, distributors and vendors, this information, to the
`
` 2
`STIPULATION AND lPROPOSEDl PROTECTIVE ORDER
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`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 3 of 21 Page ID #:101
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`extent relevant to this case, Defendants contend this information requires special
`
`protection from disclosure pursuant to F.R.C.P. 26(0).
`
`Some of the,Defendants are garment retailers that sold the allegedly
`
`infringing garments to the general public. The retail Defendants contend that
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`public disclosure of their pricing and profit information would give their business
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`competitors and unfair advantage and therefore require special protection from
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`. disclosure pursuant to F.R.C.P. 26(0).
`
`Similarly, some of the Defendants are garment manufacturers that supplied
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`the allegedly infringing items to the various co-defendants. Defendants contend
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`these garment manufacturers are also engaged in a highly competitive industry and
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`they want to keep confidential from the public, as well as the defendant retailers,
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`information relating to its prices, operating margins, and the like. The garment
`
`manufacturers also want to prevent its customers, including the retailer defendants,
`
`from knowing the prices at which it provides goods to its other customers. Again,
`
`Defendants contend this type of confidential salesand operating information is not
`
`ordinarily available to other garment manufacturers, distributors and vendors, and
`this information requires special protection from disclosure pursuant to. F.R.C.P.
`
`26(0).
`
`WHEREAS Plaintiff L.A. Printex Industries, Inc. and Defendants having
`
`stipulated to the following provisions herein and having requested that the Court
`
`issue a protective order pursuant to Fed. R. Civ. P. 26(0) to protect the
`
` ' 3
`
`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
`
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`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 4 of 21 Page ID #:102
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`confidentiality of confidential, competitively sensitive and/or proprietary
`
`information, that may need to be disclosed to adversary parties in connection with
`
`discovery in this case; and
`
`WHEREAS the parties have further consented to the form of this Order and
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`stipulated that good cause exists for issuance of an appropriately tailored
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`confidentiality order governing the pretrial phase of this action;
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`GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that any
`
`person or party subject to this Order — including without limitation the parties to
`
`this action, their representatives, agents, experts and consultants, all third parties
`
`providing discovery in this action, and all other interested persons with actual or
`constructive notice of this Order - shall adhere to the following terms:
`
`2.
`
`DEFINITIONS
`
`2.1
`
`_132;rt_y: any party to this action, including all of its officers,
`
`directors, employees, consultants, retained experts, and outside counsel (and their
`support staff).
`A
`
`2.2 Disclosure of Discovery Material: all items or information,
`
`regardless of the medium or manner generated, stored, or maintained (including,
`
`among other things, testimony, transcripts, or tangible things) that are produced or
`
`generated in disclosures or responses to discovery in this matter.
`
`4
`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
`
`
`
`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 5 of 21 Page ID #:103
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`2.3
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`“Confidential” Information or Items: information (regardless of
`
`how generated, stored or maintained) or tangible things that qualify for protection
`
`under standards developed under F.R.Civ.P. 26(c).
`
`2.4
`
`“Highly Conf1dential— Attorneys’ Eyes Only” Information or
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`Items: information (regardless of how generated, stored or maintained) or tangible
`
`things that qualify for protection under standards developed under F.R.Civ.P.
`
`26(0), that is extremely sensitive, disclosure of which to another Party would create
`a substantial risk of serious injury that could not be avoided by less restrictive
`
`means.
`
`2.5
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`Receiving Party: a Party that receives Disclosure or Discovery
`
`Material from a Producing Party.
`
`2.6
`
`Producing Pay: a Party or non-party that produces Disclosure
`
`or Discovery Material in this action.
`
`2.7. Designating Party: a Party or non-party that designates
`information or items that it produces
`disclosures or in responses to discovery as
`
`“Confidential” or “Highly Confidential —— Attorneys’ Eyes Only.”
`
`2.8
`
`Protected Material: any Disclosure or Discovery Material that is
`
`designated as “Confidential” or as “Highly Confidential — Attorneys’ Eyes Only.”
`
`2.9. Outside Counsel: attorneys who are not employees of a Party
`
`but vvho are retained to represent or advise a Party in this action.
`
`2.10 House Counsel: attorneys who are employees of a Party.
`
` 5
`STIPULATION AND lP_ROPOSEDl PROTECTIVE ORDER
`
`
`
`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 6 of 21 Page ID #:104
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`
`2.11 Counsel _(witho.ut qualifier): Outside Counsel and House
`
`Counsel (as well as their support staffs).
`
`2.12 ‘Q: a person with specialized knowledge or experience in a
`
`matter pertinent to the litigation who has been retained by a Party or its counsel to
`
`serve as an expert witness or as a consultant in this action and who is not a past or
`
`a current employee of a Party or of a competitor of a Party’ s and who, at the time
`
`of retention, is not anticipated to become an employee of a Party or a competitor of
`
`a Party’s. This definition includes a professional jury or trial consultant retained in
`
`connection with this litigation.
`2.13 -Professional Vendors: persons or entities that provide litigation
`
`support services (e.g., photocopying; videotaping; translating; preparing exhibits or
`
`demonstrations; organizing, storing, retrieving data in any form or medium; etc.)
`
`and their employees and subcontractors.
`
`3.
`
`SCOPE
`
`The protections conferred by this Stipulation and Order cover not only
`
`Protected Material (as defined above), but also any information copied or extracted
`
`therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus
`
`testimony, conversations, or presentations by parties or counsel to or in court or in
`
`other settings that might reveal Protected Material.
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`6
`—:___.:
`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 7 of 21 Page ID #:105
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`4.
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`DURATION A
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`Even after the termination of this litigation, the confidentiality
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`obligations imposed by this Order shall remain in effect until a Designating Party
`
`agrees otherwise in writing or a court order otherwise directs.
`
`5.
`
`DESIGNATING PROTECTED MATERIAL
`
`5.1
`
`Exercise of Restraint and Care in Designating Material for
`
`Protection. Each Party or non—party that designates information or items for
`
`protection under this Order must take care to limit any such designation to specific
`
`material that qualifies under the appropriate standards. A Designating Party must
`
`take care to designate for protection only those parts of material, documents, items,
`
`or oral or written communications that qualify -- so that other portions of the
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`material, documents, items, or communications for which protection is not
`
`warranted are not swept unjustifiably within the ambit of this Order.
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`Mass, indiscriminate, or routinized designations are prohibited.
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`Designations that are shown to be clearly unjustified, or that have been made for an
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`improper purpose (e.g., to unnecessarily encumber or retard the case development
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`process, or to impose unnecessary expenses and burdens on other parties), expose
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`the Designating Party to sanctions.
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`If it comes to a Pa1ty’s or a non-party’ s attention that information or
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`items that it designated for protection do not qualify for protection at all, or do not
`
`'
`7
`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
`
`
`
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`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 8 of 21 Page ID #:106
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`qualify for the level of protection initially asserted, that Party or non—party must
`
`promptly notify all other parties that it is withdrawing the mistaken designation.
`
`5.2 Manner and Timing of Designations. Except as otherwise
`provided in this Order(see, e.g., second paragraph of section 5.2ta), below), or as
`
`otherwise stipulated or ordered, material that qualifies for protection under this
`
`Order must be clearly so designated before the material is disclosed or produced.
`
`Designation in conformity with this Order requires:
`
`(a)
`
`for information in documentary form (apart from
`
`transcripts of depositions or other pretrial or trial proceedings), that the Producing
`
`Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL —
`
`ATTORNEYS’ EYES ONL ” at the top of each page that contains protected
`
`material. If only a portion or portions of the material on a page qualifies for
`
`protection, the Producing Party also must clearly identify the protected po11;ion(s)
`
`(e.g., by making appropriate markings in the margins) and must specify, for each
`
`portion, the level of protection being asserted (either “CONFIDENTIAL” or
`
`“H1GI-ILY CONFIDENTIAL — ATTORNEYS’ EYES ONLY”).
`
`A Party ornon-party that makes original documents or materials
`
`available for inspection need not designate them for protection until after the
`
`inspecting Party has indicated which material it would like copied and produced.
`
`During the inspection and before the designation, all of the material made available
`
`for inspection shall be deemed “HIGHLY CONFIDENTIAL — ATTORNEYS’
`
` 8
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`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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`
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`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 9 of 21 Page ID #:107
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`EYES ONLY.” After the inspecting Party has identified the documents it wants
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`copied and produced, the Producing Party must determine which documents, or
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`portions thereof, qualify for protection under this Order, then, before producing the
`
`specified documents, the Producing Party must affix the appropriate legend
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`(“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
`
`ONLY”) at the top of each page that contains Protected Material. If only aportion
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`or portions of the material on a page qualifies for protection, the Producing‘Party
`
`also must clearly identify the protected portion(s) (e.g., by making appropriate
`
`markings in the margins) and must specify, for each portion, the level of protection
`
`being asserted (either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL —
`
`ATTORNEYS’ EYES ONLY”).
`
`(b)
`
`for testimony given in deposition or in other pretrial or
`
`trial proceedings. that the Party or non-party offering or sponsoring the testimony
`
`identify on the record, before the close of the deposition, hearing, or other
`
`proceeding, all protected testimony, and further specify any portions of the
`testimony that qualify as “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
`
`ONLY.” When it is impractical to identify separately each portion of testimony
`
`that is entitled to protection, and when it appears that substantial portions of the
`
`testimony may qualify for protection, the Party" or non-party that sponsors, offers,
`
`or gives the testimony may invoke on the record (before the deposition or
`
`proceeding is concluded) a right to have up to 20 days to identify the specific
`
`
` 9 .
`STIPULATION AND lPROPOSEDl PROTECTIVE ORDER
`
`
`
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`portions of the testimony as _to' which protection is sought and to specify the level
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`of protection being asserted (“CONFIDENTIAL” or “I-HGHLY CONFIDENTIAL
`
`—— ATTORNEYS’ EYES ONLY”). Only those portions of the testimony that are
`
`appropriately designated for protection within the 20 days shall be covered by the
`
`provisions of this Stipulated Protective Order.
`
`Transcript pages containing Protected Material must be
`
`separately bound by the court reporter, who must affix to the top of each such page
`
`the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’
`
`EYES ONLY,” as instructed by the Party or nonparty offering or sponsoring the
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`witness for presenting the testimony.
`
`(c)
`
`for information produced in some form other than
`
`documentary, and for any other tangible items, that the Producing Party affix in a
`prominent place on the exterior of the container or containers in which the
`
`information or item is stored the legend “CONFIDENTIAL” or “HIGHLY
`
`CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” If only portions of the
`
`information or item warrant protection, the Producing Party, to the extent
`
`practicable, shall identify the protected portions, specifying whether they qualify as
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`“Confidential” or as “Highly Confidential —- Attorneys’ Eyes Only.”
`
`5.3
`
`Inadvertent Failures to Designate, If timely corrected, an
`
`inadvertent failure‘ to designate qualified information or items as “Confidential” or
`
`“Highly Confidential — Attorneys’ Eyes Only” does not, standing alone, waive the
`
`10
`‘
`_x%_____—
`S
`_ STIPULATION AND [PROPOSED] PROTECTIVE ORDER
`
`
`
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`Designating Party’s right tosecure protection under this Order for such material. If
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`material is appropriately designated as “Confidential” or “Highly Confidential —
`
`Attorneys’ Eyes Only” after the material was initially produced, the Receiving
`
`Party, on timely notification of the designation, must make reasonable efforts to
`
`assure that the material is treated in accordance with the provisions of this Order.
`
`6.
`
`CHALLENGING CONFIDENTIALITY DESIGNATIONS
`
`6.1
`
`Timing of Challenges. Unless a prompt challenge to a
`
`Designating Party’s confidentiality designation is necessary to avoid foreseeable
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`substantial unfairness, unnecessary economic burdens,or a later significant
`
`disruption or delay of the litigation, a Party does not waive its right to challenge a
`
`confidentiality designation by electing not to mount a challenge promptly after the
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`original designation is disclosed.
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`6.2
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`Compliance With Local Rules. A Party that elects to initiate a
`
`challenge to a Designating Party’s confidentiality designation must comply with all
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`pre-filing and filing requirements of Local Rule 37.
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`6.3
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`Standards Governing Motion. The burden of persuasion in any
`
`such challenge proceeding shall be on the Designating Party. Until the court rules
`
`on the challenge, all parties shall continue to afford the material in question the
`
`level of protection to which it is entitled under the Producing Party’s designation.
`
`’
`
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`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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`
`USE OF PROTECTED MATERIAL
`7. ‘ ACCESS Il‘O
`7.1
`Basic Principles. A Receiving Party may use Protected Material
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`that is disclosed or produced by another Party or by a non~party in connection with
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`this case only for prosecuting, defending, or attempting to settle this litigation.
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`Such Protected Material may be disclosed only to the categories of persons and
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`under the conditions described in this Order. When the litigation has been
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`terminated, a Receiving Party must comply with the provisions of section 11,
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`below (FINAL DISPOSITION).
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`Protected Material must be stored and maintained by a Receiving A
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`Party at a location and in a secure manner that ensures that access is limited to the
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`persons authorized under this Order.
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`7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
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`otherwise ordered by the court or permitted in writing by the Designating Party, a
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`Receiving Party may disclose any information or item designated
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`CONFIDENTIAL only to:
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`(a)
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`the Receiving Party’ s Outside Counsel of record in this
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`action, as well as employees of said Counsel to whom it is reasonably necessary to
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`disclose the information for this litigation and who have signed the “Agreement to
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`Be Bound by'Protective Order” that is attached hereto as Exhibit A;
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`(b)
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`the officers, directors, and employees (including House
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`Counsel) of the Receiving Party to whom disclosure is reasonably necessary for
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`12
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`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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`Case Eeeeqesmevesomuxonvwpmcumenuaenuma o4/rsemm4¢ugaoos of Eagepagétm #111
`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 13 of 21 Page ID #:111
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`this litigation and who have signed the “Agreement to Be Bound by Protective
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`Order” (Exhibit A);
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`(c)
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`experts (as defined in this Order) of the Receiving Party
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`to whom disclosure is reasonably necessary for this litigation and who have signed
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`the “Agreement to Be Bound by Protective Order” (Exhibit A);
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`(d)
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`the Court and its personnel;
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`(e)
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`court reporters, their staffs, and professional vendors to
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`whom disclosure is reasonably necessary for this litigation and who have signed
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`the “Agreement to Be Bound by Protective Order” (Exhibit A);
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`(f)
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`. during their depositions, witnesses in the action to whom
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`disclosure is reasonably necessary and who have signed the “Agreement to Be
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`Bound by Protective Order” (Exhibit A). Pages of transcribed deposition
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`testimony or exhibits to depositions that reveal Protected Material must be
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`separately bound by the court reporter and may not be disclosed to anyone except
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`as permitted under this Stipulated Protective Order.
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`(g)
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`the author of the document or the original source of the
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`information.
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`7.3 Disclosure of “I-IIGHLTY CONFIDENTIAL — ATTORNEYS’
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`EYES ONLY” Information or Items. Unless otherwise ordered by the court or
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`permitted in writing by the Designating Party, a Receiving Party may disclose any
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`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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`Case &z9s%'§Vo%9élZ5o@P§l\bBw\.pB9cUrs=séura§nrFluted 04/Ftifé9834Hagm0a 0fI2égeF2%aofe1fD #:112 ‘
`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 14 of 21 Page ID #:112
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`information or item designated “HIGHLY CONFIDENTIAL — ATTORNEYS’
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`EYES ONLY” only to:
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`(a)
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`the Receiving Party’ s Outside Counsel of record in this
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`action, as well as employees of said Counsel to whom it is reasonably necessary to
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`disclose the information for this .litigation and who have signed the “Agreement to
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`Be Bound by Protective Order” that is attached hereto as Exhibit A;
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`(b)
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`House Counsel of a Receiving Party to whom disclosure
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`is reasonably necessary for this litigation, and who has signed the “Agreement to
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`Be Bound by Protective Order” (Exhibit A);
`4
`(c)
`Experts (as defined in this Order) (1) to whom disclosure
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`is reasonably necessary for this litigation and (2) who have signed the “Agreement
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`to Be Bound by Protective Order” (Exhibit A);
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`(d)
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`the Court and its personnel;
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`(e)
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`court reporters, their staffs, and professional vendors to
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`whom disclosure is reasonably necessary for this litigation and who have signed
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`the “Agreement to Be Bound by Protective Order” (Exhibit A); and
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`(f)
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`the author of the document or the original source of the
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`information.
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`8.
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`PROTECTED MATERIAL SUBPOENAED OR ORDERED
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`PRODUCED IN OTHER LITIGATION
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`14
`___::__:_
`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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`Case 5ia°s8e‘E‘:’0 9:97-309P§4Y5BW¥Pl99°UE986Er1§nt'fiUte§ 04/risfiamflagtaias ofI2ageP:egre1n3 #:113 it
`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 15 of 21 Page ID #:113
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`If a Receiving Party is served with a subpoena or an order issued in
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`other litigation that would compel disclosure of any information or items
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`designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL —
`1 ATTORNEYS’ EYES ONLY,” the Receiving.Party must so notify the Designating
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`Party, in writing (by fax, if possible) immediately and in no event more than three
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`court days after receiving the subpoena or order. Such notification must include a
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`copy of the subpoena or court order.
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`The Receiving Party also must immediately inform in writing the
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`Party who caused the subpoena or order to issue in the other litigation that some or
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`all the material covered by the subpoena or order is the subject of this Protective
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`Order. In addition, the Receiving Party must deliver a copy of this Stipulated
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`Protective Order promptly to the Party in the other action that caused the subpoena
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`or order to issue.
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`The purpose of imposing these duties is to alert the interested parties
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`to the existenceof this Protective Order and to afford the Designating Party in this
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`case an opportunity to try to protect its confidentiality interests in the court from
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`_ which the subpoena or order issued. The Designating Party shall bear the burdens
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`and the expenses of seeking protection in that court of its confidential material —
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`To the extent documents have already been subpoenaed prior to the time that this
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`15
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`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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`\D00\lO\LII-l>U)lQ
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`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 16 of 21 Page ID #:114
`Case é=Q§;%io%0&7éc@i2¥/lofiinetpmcumeamméntfima o4/E5wa)4nagyaom6 of E'agePegfe1It> #:114
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`Order is entered, the Partiesbhave 3 days from the _date of entry of this Order to
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`designate any such documents as Protected Material.
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`9.
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`UNAUTHORIZED DISCLOSURE OF PROTECTED
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`MATERIAL
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`If a Receiving Party learns that, by inadvertence or otherwise, it has
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`disclosed Protected Material to any person or in any circumstance not authorized
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`under this Stipulated Protective Order, the Receiving Party must immediately (a)
`notify in writing the Designating Party of the unauthorized disclosures, (b) use its
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`best efforts to retrieve all copies of the Protected Material, (c) inform the person or
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`persons to whom unauthorized disclosureswere made of all the terms of this
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`Order, and (d) request such person or persons to execute the “Acknowledgment
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`and Agreement to Be Boun ” that is attached hereto as Exhibit A.
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`10.
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`FILING PROTECTED MATERIAL
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`Without written permission from the Designating Party or a court order
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`secured after appropriate notice to all interested persons, a Party may not file in the
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`public record in this action any Protected Material. A Party that seeks to file under
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`seal any Protected Material must comply with Civil Local Rule 79-5.
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` 16
`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 17 of 21 Page ID #:115
`Case $ese<:x£amev5>mmwwerm~—Pbecurnmum+¢énF1Iec2 o4/rmsQ4Pagaona of magepagzt 11.12 #: 115
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`11.
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`FINAL DISPOSITION
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`Unless otherwise ordered or agreed in Writing by the Producing Party, within
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`sixty days after the final termination of this action, each Receiving Party must
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`return all Protected Material to the Producing Party. As used in this subdivision,
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`“all Protected Material” includes all Copies, abstracts, compilations, summaries or
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`any other form of reproducing or capturing any of the Protected Material. With
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`permission in writing from the Designating Party, the Receiving Party may destroy
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`some or all of the Protected Material instead of returning it. Whether the Protected
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`Material is returned or destroyed, the Receiving Party must submit a written
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`certification to the Producing Party (and, if not the same person or entity, to the
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`Designating Party) by the sixty day deadline that identifies (by category, where
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`appropriate) all the Protected Material that was returned or destroyed and that
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`affirms that the Receiving Party has not retained any copies, abstracts,
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`compilations, summaries or other forms of reproducing or capturing any of the
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`Protected Material. Notwithstanding this provision, Counsel are entitled to retain
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`an archival copy of all pleadings, motion papers, transcripts, legal memoranda,
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`correspondence or attorney work product, even if such materials contain Protected
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`Material. Any such archival copies that contain or constitute Protected Material
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`remain subject to this Protective Order as set forth in Section 4 (DURATION),
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`above.
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`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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`Case z:asec:ms1ev.t><tmmevenini—Pnacurnizaauncr.§n1F1Ie¢2 o4/Ea/nao4v>egaone of E’1a9€P&g>é 1m #: 116
`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 18 of 21 Page ID #:116
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`12. USE OF DOCUMENTS AT TRIAL
`
`Once the case proceeds to trial, documents that were designated as
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`Confidential. may be admitted as evidence at trial without regard to the provisions
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`of the Protective Order, subject to any other available objections by any party.
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`Anyone who wishes to have such documents treated as Confidential may renew
`
`their request before the trial judge.
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`13. MISCELLANEOUS
`
`13.1 Right to Further Relief. Nothing in this Order abridges the right
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`of any person to seek its modification by the Court in the future.
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`13.2 Right to Assert Other Objections. "By stipulating to the entry of
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`this Protective Order. no Party waives any right it otherwise would have to object to
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`disclosing or producing any information or item on any ground not addressed in
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`this Stipulated Protective Order. Similarly, no Party waives any right to object on
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`any ground to use in evidence of any of the material covered by this Protective.
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`Order.
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`STIPULATIS _)_N
`
`Dated: April 14, 2008
`
`_
`
`THE =
`
`
`
`'
`Doug as A.
`Erica L. Allen
`Attorne s for P121 ’
`L.A. P [NTEX INDUSTRIES, INC.
`
`«‘
`
`1 8
`STIPULATION AND lPROPOSEDl PR TECTIVE ORDER
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`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 19 of 21 Page ID #:117
`Case E9_é?et2éF@9s7-'§mI7>wa?Jv9&_PDmcurnennEci§$nu=1te<1 04/E5éfl8)4PIaJg‘E.01D8 of E’ageP%gé1ID #:117
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`Dated: April 14, 2008
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`
`
`NER LLP EZRA I BRUTZKUS |R
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` a_r
`.
`ru
`Lu1s A. Garcia
`Attorne s for Defendants
`KAND KISS OF CALIFORNIA, INC.
`TARGET CORPORATION and
`TARGET BRANDS,_ INC.
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`19
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`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 20 of 21 Page ID #:118
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`‘PROTECTIVE ORDER
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`The foregoing Stipulation and Order for Protection ofConfidential Material
`(the “.Stipu1ation for Protective Order”) is hereby approved, and
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`IT IS so ORDERED.
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`‘Dated:
`
`V‘ [W103
`
`.
`
`'
`
`HON. PAUL L. ABRAMS
`
`1'
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`STIPULATION AND IPROPOSED1 PROTECTIVE ORDER
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`Case 2:08-cv-00075-ODW-PLA Document 15 Filed 04/15/08 Page 21 of 21 Page ID #:119
`Case E'5l3%wéQ0&Z6®lZ60GBhMPD0cumémm§ntHimd o4/&s¢as34nagas)ea of EaQ€Pla‘gef
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`EXHIBIT A
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`CERTIFICATE OF NON-DISCLOSURE
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`I understand that access to information as CONFIDENTIAL
`.
`INFORMATION or CONFIDENTIAL-ATTORNEYS EYES ONLY is provided
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`to me under the terms and restrictions of a Stipulation and Protective Order. I have
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`received a copy of the Stipulation and Protective Order, have read it, and agree to
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`be bound by its terms.
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`I will not mention, disclose, or use information designated
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`as CONFIDENTIAL INFORIVIATION or CONFIDENTIAL-ATTORNEYS EYES
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`ONLY that is provided to me in connection with this action except as permitted by
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`the Stipulation and Protective Order.
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`Dated:
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`Signatures;
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`Print Name:
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`. T
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`itle:
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`Company:
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`.
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`STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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