Boost Beauty, LLC v. Woo Signatures, LLC

Case 9:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 1of16 Page ID #:513 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 WESTERN DIVISION || BOOST BEAUTY, LLC, a California Case No. 2:18-cv-02960-CAS-E limited liability company, 16 Plaintiff {SED )| STIPULATED 17 PROTECTIVE ORDER Vv.

WOO SIGNATURES, LLC, a [DISCOVERY MATTER] || California limited liability company; TADEH BOOGHOSIA SSARDABIL, || an individual; FARSHID KARAMZAD GOFLSAZ, an individual; ARASH || SEDIGHI, an individual; and DOES 1 through 10, inclusive, Defendants.

[PROPOSED] STIPULATED PROTECTIVE ORDER Case :18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 2 0f16 Page ID #:514 ||1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, || proprietary or private information for which special protection from public || disclosure and from use for any purpose other than prosecuting this litigation may |\be warranted. Accordingly, the parties hereby stipulate to and petition the Court to || enter the following Stipulated Protective Order. The parties acknowledge that this || Order does not confer blanket protections on all disclosures or responses to || discovery and that the protection it affords from public disclosure and use extends || only to the limited information or items that are entitled to confidential treatment || under the applicable legal principles.

11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, customer and pricing lists and || other valuable research, development, commercial, financial, technical and/or || proprietary information for which special protection from public disclosure and || from use for any purpose other than prosecution of this action is warranted. Such || confidential and proprietary materials and information consist of, among other || things, confidential business or financial information, information regarding || confidential business practices, or other confidential research, development, or || commercial information (including information implicating privacy rights of third || parties), information otherwise generally unavailable to the public, or which may be || privileged or otherwise protected from disclosure under state or federal statutes, || court rules, case decisions, or common law. Accordingly, to expedite the flow of || information, to facilitate the prompt resolution of disputes over confidentiality of || discovery materials, to adequately protect information the parties are entitled to keep || confidential, to ensure that the parties are permitted reasonable necessary uses of || such material in preparation for and in the conduct of trial, to address their handling || at the end of the litigation, and serve the ends of justice, a protective order for such || information is justified in this matter. It is the intent of the parties that information anon siipULaTib PROTEGHIVEORDER Case :18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 3 of 16 Page ID #:515 || will not be designated as confidential for tactical reasons and that nothing be so ||designated without a good faith belief that it has been maintained in a confidential, || non-public manner, and there is good cause why it should not be part of the public |\record of this case.

5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 6 The parties further acknowledge, as set forth in Section 12.3, below, that this || Stipulated Protective Order does not entitle them to file confidential information g |l under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed || and the standards that will be applied when a party seeks permission from the court ||to file material under seal.

11 There is a strong presumption that the public has a right of access to judicial || proceedings and records in civil cases. In connection with non-dispositive motions, || good cause must be shown to support a filing under seal. See Kamakana v. City and || County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors || Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, ||Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders ||require good cause showing), and a specific showing of good cause or compelling ||reasons with proper evidentiary support and legal justification, must be made with □□ respect to Protected Material that a party seeks to file under seal. The parties’ mere || designation of Disclosure or Discovery Material as CONFIDENTIAL does not— || without the submission of competent evidence by declaration, establishing that the || material sought to be filed under seal qualifies as confidential, privileged, or || otherwise protectable—constitute good cause.

24 Further, if a party requests sealing related to a dispositive motion or trial, then || compelling reasons, not only good cause, for the sealing must be shown, and the 26 relief sought shall be narrowly tailored to serve the specific interest to be protected.

97 || See Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 677-79 (9th Cir. 2010). For |leach item or type of information, document, or thing sought to be filed or introduced as SIPULATID PROTECTIVEORDER SSCS Case }:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 4of16 Page ID #:516 || under seal in connection with a dispositive motion or trial, the party seeking || protection must articulate compelling reasons, supported by specific facts and legal || justification, for the requested sealing order. Again, competent evidence supporting ||the application to file documents under seal must be provided by declaration.

5 Any document that is not confidential, privileged, or otherwise protectable in |lits entirety will not be filed under seal if the confidential portions can be redacted.

7 |\1f documents can be redacted, then a redacted version for public viewing, omitting || only the confidential, privileged, or otherwise protectable portions of the document, || shall be filed. Any application that seeks to file documents under seal in their □□ entirety should include an explanation of why redaction is not feasible.

11 ||2. DEFINITIONS 12 2.1 Action: this pending federal lawsuit, Boost Beauty, LLC v. Woo || Signatures, LLC et al., C.D. Cal. Case No. 2:18-cv-02960-CAS-E.

14 2.2 Challenging Party: a Party or Non-Party that challenges the || designation of information or items under this Order.

16 23 “CONFIDENTIAL” Information or Items: information (regardless of ||how it is generated, stored or maintained) or tangible things that qualify for || protection under Federal Rule of Civil Procedure 26(c), and as specified above in || the Good Cause Statement.

20 24 “HIGHLY CONFIDENTIAL — Attorneys’ Eyes Only” Information or ||Items: Information (regardless of how it is generated, stored or maintained) or |\tangible things that qualify for protection under Federal Rule of Civil Procedure ||26(c), and as specified above in the Good Cause Statement. This designation is || limited to material that is so commercially sensitive that a party would be at a severe || economic disadvantage if its competitors were able to review the material. Examples ||of HIGHLY CONFIDENTIAL -— Attorneys’ Eyes Only material include, but are not || limited to, customer lists and trade secrets. [PROPOSED] STIPULATED PROTECTIVE ORDER Case 9:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page5of16 Page ID #:517 1 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff).

3 2.6 Designating Party: a Party or Non-Party that designates information or || items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”

6 2.7 Disclosure or Discovery Material: all items or information, regardless \lof the medium or manner in which it is generated, stored, or maintained (including, ||among other things, testimony, transcripts, and tangible things), that are produced or || generated in disclosures or responses to discovery in this matter.

10 2.8 Expert: 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.

13 2.9 House Counsel: attorneys who are employees of a party to this Action.

14 || House Counsel does not include Outside Counsel of Record or any other outside |}counsel.

16 2.10 Non-Party: any natural person, partnership, corporation, association or || other legal entity not named as a Party to this action.

18 2.11 Outside Counsel of Record: attorneys who are not employees of a || party to this Action but are retained to represent or advise a party to this Action and ||have appeared in this Action on behalf of that party or are affiliated with a law firm || that has appeared on behalf of that party, and includes support staff.

22 2.12 Party: any party to this Action, including all of its officers, directors, 23 employees, consultants, retained experts, and Outside Counsel of Record (and their ||support staffs).

25 2.13 Producing Party: a Party or Non-Party that produces Disclosure or || Discovery Material in this Action.

27 2.14 Professional Vendors: persons or entities that provide litigation || support services (e.g., photocopying, videotaping, translating, preparing exhibits or ORDER Case :18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 6of16 Page ID #:518 ||demonstrations, and organizing, storing, or retrieving data in any form or medium) || and their employees and subcontractors.

3 2.15 Protected Material: any Disclosure or Discovery Material that is || designated as “CONFIDENTIAL.”

5 2.16 Receiving Party: a Party that receives Disclosure or Discovery || Material from a Producing Party.

7 ||3. SCOPE 8 The protections conferred by this Stipulation and Order cover not only || Protected Material (as defined above), but also (1) any information copied or || extracted from Protected Material; (2) all copies, excerpts, summaries, or ||compilations of Protected Material; and (3) any testimony, conversations, or || presentations by Parties or their Counsel that might reveal Protected Material.

13 || Any use of Protected Material at trial shall be governed by the orders of the trial ||judge. This Order does not govern the use of Protected Material at trial.

15 |/4. DURATION 16 FINAL DISPOSITION of the action is defined as the conclusion of any || appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal ||has run. Except as set forth below, the terms of this protective order apply through || FINAL DISPOSITION of the action. The parties may stipulate that the they will be || contractually bound by the terms of this agreement beyond FINAL DISPOSITION, || but will have to file a separate action for enforcement of the agreement once all || proceedings in this case are complete.

23 Once a case proceeds to trial, information that was designated as || CONFIDENTIAL or maintained pursuant to this protective order used or introduced \\as an exhibit at trial becomes public and will be presumptively available to all |\members of the public, including the press, unless compelling reasons supported by || specific factual findings to proceed otherwise are made to the trial judge in advance |l of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” ap PROTECTIVEORDER Y:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 7 of 16 Page ID #:519 |) showing for sealing documents produced in discovery from “compelling reasons” || standard when merits-related documents are part of court record). Accordingly, for ||such materials, the terms of this protective order do not extend beyond the ||commencement of the trial.

5115. | DESIGNATING PROTECTED MATERIAL 6 5.1 Exercise of Restraint and Care in Designating Material for Protection.

7 ||Each Party or Non-Party that designates information or items for protection under g ||this Order must take care to limit any such designation to specific material that || qualifies under the appropriate standards. The Designating Party must designate for || protection only those parts of material, documents, items or oral or written ||communications that qualify so that other portions of the material, documents, items |}or communications for which protection is not warranted are not swept unjustifiably || within the ambit of this Order.

14 Mass, indiscriminate or routinized designations are prohibited. Designations ||that are shown to be clearly unjustified or that have been made for an improper || purpose (e.g., to unnecessarily encumber the case development process or to impose || unnecessary expenses and burdens on other parties) may expose the Designating || Party to sanctions.

19 If it comes to a Designating Party’s attention that information or items that it || designated for protection do not qualify for protection, that Designating Party must || promptly notify all other Parties that it is withdrawing the inapplicable designation.

22 5.2 Manner and Timing of Designations. Except as otherwise provided in || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise ||stipulated or ordered, Disclosure or Discovery Material that qualifies for protection |l under this Order must be clearly so designated before the material is disclosed or || produced.

27 Designation in conformity with this Order requires: (PROPOSED] STIPULATED PROTECTIVE ORDER Case #:18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 8 of 16 Page ID #:520 1 (a) for information in documentary form (e.g., paper or electronic documents, || but excluding transcripts of depositions or other pretrial or trial proceedings), that □□ □□□ Producing Party affix at a minimum, the legend “CONFIDENTIAL” or ||“HIGHLY CONFIDENTIAL — Attorneys’ Eyes Only,” to each page that contains || protected material. If only a portion of the material on a page qualifies for || protection, the Producing Party also must clearly identify the protected portion(s) |\(e.g., by making appropriate markings in the margins).

8 A Party or Non-Party that makes original documents available for inspection ||need not designate them for protection until after the inspecting Party has indicated |} which documents it would like copied and produced. During the inspection and || before the designation, all of the material made available for inspection shall be ||\deemed “CONFIDENTIAL .” After the inspecting Party has identified the 13 documents it wants copied and produced, the Producing Party must determine which ||}documents, or portions thereof, qualify for protection under this Order. Then, || before producing the specified documents, the Producing Party must affix the ||“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — Attorneys’ Eyes Only” || legend to each page that contains Protected Material. If only a portion of the || material on a page qualifies for protection, the Producing Party also must clearly || identify the protected portion(s) (e.g., by making appropriate markings in the 20 margins).

21 (b) for testimony given in depositions that the Designating Party identifies ||the Disclosure or Discovery Material on the record, before the close of the || deposition all protected testimony.

24 (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 is stored the legend ||““CONFIDENTIAL” or HIGHLY CONFIDENTIAL - Attorneys’ Eyes Only.” If OD ADHCENTOTIDITDATEN DDATESCTIVE NDRPRFD :18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 90f16 Page ID #:521 || only a portion or portions of the information warrants protection, the Producing || Party, to the extent practicable, shall identify the protected portion(s).

3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent || failure to designate qualified information or items does not, standing alone, waive ||the Designating Party’s right to secure protection under this Order for such material.

6 || Upon timely correction of a designation, the Receiving Party must make reasonable || efforts to assure that the material is treated in accordance with the provisions of this || Order.

91/6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 10 6.1 Timing of Challenges. Any Party or Non-Party may challenge a || designation of confidentiality at any time that is consistent with the Court’s || Scheduling Order.

13 6.2 Meet and Confer. The Challenging Party shall initiate the dispute || resolution process under Local Rule 37.1 et seq.

15 6.3. The burden of persuasion in any such challenge proceeding shall be on ||the Designating Party. Frivolous challenges, and those made for an improper || purpose (e.g., to harass or impose unnecessary expenses and burdens on other || parties) may expose the Challenging Party to sanctions. Unless the Designating || Party has waived or withdrawn the confidentiality designation, all parties shall ||continue to afford the material in question the level of protection to which it is |/entitled under the Producing Party’s designation until the Court rules on the || challenge.

23 117. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. A Receiving Party may use Protected Material that is || disclosed or produced by another Party or by a Non-Party in connection with this |} Action only for prosecuting, defending or attempting to settle this Action. Such || Protected Material may be disclosed only to the categories of persons and under the || conditions described in this Order. When the Action has been terminated, a Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 10o0f16 Page ID #:522 |}Receiving Party must comply with the provisions of section 13 below (FINAL || DISPOSITION).

3 Protected Material must be stored and maintained by a Receiving Party at a || location and in a secure manner that ensures that access is limited to the persons || authorized under this Order.

6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless || otherwise ordered by the court or permitted in writing by the Designating Party, a || Receiving Party may disclose any information or item designated ||“CONFIDENTIAL” only to: 10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as || well as employees of said Outside Counsel of Record to whom it is reasonably ||necessary to disclose the information for this Action; 13 (b) the officers, directors, and employees (including House Counsel) of ||the Receiving Party to whom disclosure is reasonably necessary for this Action; 15 (c) Experts (as defined in this Order) of the Receiving Party to whom || disclosure is reasonably necessary for this Action and who have signed the ||“Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (d) the court and its personnel; 19 (e) court reporters and their staff; 20 (f) professional jury or trial consultants, mock jurors, and Professional || Vendors to whom disclosure is reasonably necessary for this Action and who have || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (g) the author or recipient of a document containing the information or ||a custodian or other person who otherwise possessed or knew the information; 25 (h) during their depositions, witnesses, and attorneys for witnesses, in |\the Action to whom disclosure is reasonably necessary provided: (1) the deposing || party requests that the witness sign the form attached as Exhibit A hereto; and (2) 28 they will not be permitted to keep any confidential information unless they sign the Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 110f16 Page ID #:523 ||““Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise j;/agreed by the Designating Party or ordered by the court. Pages of transcribed || deposition testimony or exhibits to depositions that reveal Protected Material may || be separately bound by the court reporter and may not be disclosed to anyone except ||as permitted under this Stipulated Protective Order; and 6 (i) any mediator or settlement officer, and their supporting personnel, ||mutually agreed upon by any of the parties engaged in settlement discussions.

8 7.3. Disclosure of “HIGHLY CONFIDENTIAL — Attorneys’ Eyes Only” || Information or Items. Unless otherwise ordered by the court or permitted in writing || by the Designating Party, a Receiving Party may disclose any information or item || designated “HIGHLY CONFIDENTIAL - Attorneys’ Eyes Only” only to: 12 (a) the Receiving Party’s Outside Counsel of Record in this Action, as || well as employees of said Outside Counsel of Record to whom it is reasonably ||necessary to disclose the information for this Action; 15 (b) Experts (as defined in this Order) of the Receiving Party to whom || disclosure is reasonably necessary for this Action and who have signed the ||“Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (c) the court and its personnel; 19 (d) court reporters and their staff; 20 (e) professional jury or trial consultants, mock jurors, and Professional || Vendors to whom disclosure is reasonably necessary for this Action and who have || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (f) the author or recipient of a document containing the information or ||a custodian or other person who otherwise possessed or knew the information; 25 (g) during their depositions, witnesses, and attorneys for witnesses, in ||the Action to whom disclosure is reasonably necessary provided: (1) the deposing || party requests that the witness sign the form attached as Exhibit A hereto; and (2) || they will not be permitted to keep any confidential information unless they sign the Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page of16 Page ID #:524 || ‘Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise ||agreed by the Designating Party or ordered by the court. Pages of transcribed || deposition testimony or exhibits to depositions that reveal Protected Material may || be separately bound by the court reporter and may not be disclosed to anyone except || as permitted under this Stipulated Protective Order; and 6 (h) any mediator or settlement officer, and their supporting personnel, || mutually agreed upon by any of the parties engaged in settlement discussions.

8 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 9 IN OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation ||that compels disclosure of any information or items designated in this Action as || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ~ Attorneys’ Eyes Only,” that || Party must: 14 (a) promptly notify in writing the Designating Party. Such notification || shall include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or || order to issue in the other litigation that some or all of the material covered by the || subpoena or order is subject to this Protective Order. Such notification shall include ||a copy of this Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be || pursued by the Designating Party whose Protected Material may be affected.

22 If the Designating Party timely seeks a protective order, the Party served with 23 subpoena or court order shall not produce any information designated in this || action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — Attorneys’ Eyes || Only” before a determination by the court from which the subpoena or order issued, || unless the Party has obtained the Designating Party’s permission. The Designating || Party shall bear the burden and expense of seeking protection in that court of its || confidential material and nothing in these provisions should be construed as esse CCC—'?

Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 13 of 16 Page ID #:525 || authorizing or encouraging a Receiving Party in this Action to disobey a lawful || directive from another court.

31/9. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 4 PRODUCED IN THIS LITIGATION 5 (a) The terms of this Order are applicable to information produced by a Non- || Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY || CONFIDENTIAL - Attorneys’ Eyes Only/” Such information produced by Non- || Parties in connection with this litigation is protected by the remedies and relief || provided by this Order. Nothing in these provisions should be construed as || prohibiting a Non-Party from seeking additional protections.

11 (b) In the event that a Party is required, by a valid discovery request, to || produce a Non-Party’s confidential information in its possession, and the Party is ||subject to an agreement with the Non-Party not to produce the Non-Party’s || confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non-Party || that some or all of the information requested is subject to a confidentiality || agreement with a Non-Party; 18 (2) promptly provide the Non-Party with a copy of the Stipulated || Protective Order in this Action, the relevant discovery request(s), and a reasonably || specific description of the information requested; and 21 (3) make the information requested available for inspection by the || Non-Party, if requested.

23 (c) If the Non-Party fails to seek a protective order from this court within 14 || days of receiving the notice and accompanying information, the Receiving Party ||may produce the Non-Party’s confidential information responsive to the discovery ||request. If the Non-Party timely seeks a protective order, the Receiving Party shall ||not produce any information in its possession or control that is subject to the || confidentiality agreement with the Non-Party before a determination by the court.

ET Case 18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 140f16 Page ID #:526 |] Absent a court order to the contrary, the Non-Party shall bear the burden and ||expense of seeking protection in this court of its Protected Material.

3 1/10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not authorized under this || Stipulated Protective Order, the Receiving Party must immediately (a) notify in || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or || persons to whom unauthorized disclosures were made of all the terms of this Order, || and (d) request such person or persons to execute the “Acknowledgment and |] Agreement to Be Bound” that is attached hereto as Exhibit A.

12 |}11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain |/inadvertently produced material is subject to a claim of privilege or other protection, || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil || Procedure 26(b)(5)(B). This provision is not intended to modify whatever || procedure may be established in an e-discovery order that provides for production || without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and ||(e), insofar as the parties reach an agreement on the effect of disclosure of a ||communication or information covered by the attorney-client privilege or work || product protection, the parties may incorporate their agreement in the stipulated || protective order submitted to the court.

24 } }12. MISCELLANEOUS 25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any || person to seek its modification by the Court in the future.

27 12.2 Right to Assert Other Objections. By stipulating to the entry of this || Protective Order, no Party waives any right it otherwise would have to object to =H 4|18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 15 of 16 Page ID #:527 || disclosing or producing any information or item on any ground not addressed in this || Stipulated Protective Order. Similarly, no Party waives any right to object on any || ground to use in evidence of any of the material covered by this Protective Order.

4 12.3 Filing Protected Material. A Party that seeks to file under seal any || Protected Material must comply with Local Civil Rule 79-5. Protected Material ||may only be filed under seal pursuant to a court order authorizing the sealing of the ||specific Protected Material at issue. If a Party’s request to file Protected Material || under seal is denied by the court, then the Receiving Party may file the information |/in the public record unless otherwise instructed by the court.

10 ||13. FINAL DISPOSITION 11 After the final disposition of this Action, as defined in paragraph 4, within 60 || days of a written request by the Designating Party, each Receiving Party must return || all Protected Material to the Producing Party or destroy such material. As used in || this subdivision, “all Protected Material” includes all copies, abstracts, compilations, |;summaries, and any other format reproducing or capturing any of the Protected || Material. Whether the Protected Material is returned or destroyed, the Receiving || Party must submit a written certification to the Producing Party (and, if not the same || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies || (by category, where appropriate) all the Protected Material that was returned or || destroyed and (2) affirms that the Receiving Party has not retained any copies, || abstracts, compilations, summaries or any other format reproducing or capturing any || of the Protected Material. Notwithstanding this provision, Counsel are entitled to □□ retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 25 reports, attorney work product, and consultant and expert work product, even if such || materials contain Protected Material. Any such archival copies that contain or || constitute Protected Material remain subject to this Protective Order as set forth in || Section 4 (DURATION). ____ Case 4]18-cv-02960-CAS-E Document 55-1 Filed 08/27/19 Page 16 of 16 Page ID #:528 114. VIOLATION 2 Any violation of this Order may be punished by appropriate measures |/including, without limitation, contempt proceedings and/or monetary sanctions.

5 For good cause shown, and pursuant to the Parties’ Stipulation, IT IS SO |} ORDERED. : 127/67 Date: S/27/7 ZLZAELL> 10 . Hon. Charles F. Eick United States Magistrate Judge IPROPOCEN] STIPLTATED PROTECTIVE ORDER