1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 GOLD VALUE INTERNATIONAL Case No.: 2:19-c v-08137-ODW(ASx) 11 Hon. Otis D. Wright, II presiding TEXTILE, INC., d/b/a “FIESTA 12 FABRIC”, DISCOVERY MATTER 13 Plaintiff, 14 v. PROTECTIVE ORDER 15 KOHL’S CORPORATION; 16 KELLWOOD COMPANY, d/b/a “My 17 Michelle”, 18 Defendants. 19 KOHL’S CORPORATION; 20 KELLWOOD APPAREL LLC, 21 Counterclaimant, 22 23 v. 24 GOLD VALUE INTERNATIONAL TEXTILE, INC., d/b/a “FIESTA 25 FABRIC”, 26 27 Counterclaim Defendant. 28 1 1. INTRODUCTION 2 1.1 PURPOSES AND LIMITATIONS 3 Discovery in this action is likely to involve production of confidential, 4 proprietary, or private information for which special protection from public 5 disclosure and from use for any purpose other than prosecuting this litigation may 6 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 7 enter the following Stipulated Protective Order. The parties acknowledge that this 8 Order does not confer blanket protections on all disclosures or responses to 9 discovery and that the protection it affords from public disclosure and use extends 10 only to the limited information or items that are entitled to confidential treatment 11 under the applicable legal principles. The parties further acknowledge, as set forth 12 in Section 12.3, below, that this Stipulated Protective Order does not entitle them 13 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 14 procedures that must be followed and the standards that will be applied when a 15 party seeks permission from the court to file material under seal. 16 1.2 GOOD CAUSE STATEMENT 17 This action is likely to involve trade secrets, customer and pricing lists and 18 other valuable research, development, commercial, financial, technical and/or 19 proprietary information for which special protection from public disclosure and 20 21 from use for any purpose other than prosecution of this action is warranted. Such 22 confidential and proprietary materials and information consist of, among other 23 things, confidential business or financial information, information regarding 24 confidential business practices, or other confidential research, development, or 25 commercial information (including information implicating privacy rights of third 26 parties), information otherwise generally unavailable to the public, or which may 27 be privileged or otherwise protected from disclosure under state or federal statutes, 28 1 court rules, case decisions, or common law. Accordingly, to expedite the flow of 2 information, to facilitate the prompt resolution of disputes over confidentiality of 3 discovery materials, to adequately protect information the parties are entitled to 4 keep confidential, to ensure that the parties are permitted reasonable necessary uses 5 of such material in preparation for and in the conduct of trial, to address their 6 handling at the end of the litigation, and serve the ends of justice, a protective order 7 for such information is justified in this matter. It is the intent of the parties that 8 9 information will not be designated as confidential for tactical reasons and that 10 nothing be so designated without a good faith belief that it has been maintained in 11 a confidential, non-public manner, and there is good cause why it should not be 12 part of the public record of this case. 13 2. DEFINITIONS 14 a. Action: Gold Value International Textile, Inc. v. Kohl’s Corporation, 15 et al., Case No.: 2:19-c v-08137-ODW-SS. 16 b. Challenging Party: a Party or Non-Party that challenges the 17 designation of information or items under this Order. 18 c. “CONFIDENTIAL” Information or Items: information (regardless of 19 how it is generated, stored or maintained) or tangible things that 20 21 qualify for protection under Federal Rule of Civil Procedure 26(c), 22 and as specified above in the Good Cause Statement. 23 d. Counsel: Outside Counsel of Record and House Counsel (as well as 24 their support staff). 25 e. Designating Party: a Party or Non-Party that designates information or 26 items that it produces in disclosures or in responses to discovery as 27 “CONFIDENTIAL.” 28 1 f. Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or 3 maintained (including, among other things, testimony, transcripts, and 4 tangible things), that are produced or generated in disclosures or 5 responses to discovery in this matter. 6 g. Expert: a person with specialized knowledge or experience in a matter 7 pertinent to the litigation who has been retained by a Party or its 8 9 counsel to serve as an expert witness or as a consultant in this Action. 10 h. House Counsel: attorneys who are employees of a party to this Action. 11 House Counsel does not include Outside Counsel of Record or any 12 other outside counsel. 13 i. Non-Party: any natural person, partnership, corporation, association, 14 or other legal entity not named as a Party to this action. 15 j. Outside Counsel of Record: attorneys who are not employees of a 16 party to this Action but are retained to represent or advise a party to 17 this Action and have appeared in this Action on behalf of that party or 18 are affiliated with a law firm which has appeared on behalf of that 19 20 party, and includes support staff. 21 k. Party: any party to this Action, including all of its officers, directors, 22 employees, consultants, retained experts, and Outside Counsel of 23 Record (and their support staffs). 24 l. Producing Party: a Party or Non-Party that produces Disclosure or 25 Discovery Material in this Action. 26 m. Professional Vendors: persons or entities that provide litigation 27 support services (e.g., photocopying, videotaping, translating, 28 1 preparing exhibits or demonstrations, and organizing, storing, or 2 retrieving data in any form or medium) and their employees and 3 subcontractors. 4 n. Protected Material: any Disclosure or Discovery Material that is 5 designated as “CONFIDENTIAL.” 6 o. Receiving Party: a Party that receives Disclosure or Discovery 7 Material from a Producing Party. 8 3. SCOPE 9 10 The protections conferred by this Stipulation and Order cover not only 11 Protected Material (as defined above), but also (1) any information copied or 12 extracted from Protected Material; (2) all copies, excerpts, summaries, or 13 compilations of Protected Material; and (3) any testimony, conversations, or 14 presentations by Parties or their Counsel that might reveal Protected Material. 15 Any use of Protected Material at trial shall be governed by the orders of the trial 16 judge. This Order does not govern the use of Protected Material at trial. 17 4. DURATION 18 Once a case proceeds to trial, all of the information that was designated as 19 confidential or maintained pursuant to this protective order becomes public and 20 will be presumptively available to all members of the public, including the press, 21 22 unless compelling reasons supported by specific factual findings to proceed 23 otherwise are made to the trial judge in advance of the trial. See Kamakana v. City 24 and County of Honolulu,

(9th Cir. 2006) (distinguishing 25 “good cause” showing for sealing documents produced in discovery from 26 “compelling reasons” standard when merits-related documents are part of court 27 28 1 record). Accordingly, the terms of this protective order do not extend beyond the 2 commencement of the trial. 3 5. DESIGNATING PROTECTED MATERIAL 4 5.1 Exercise of Restraint and Care in Designating Material for 5 Protection. 6 Each Party or Non-Party that designates information or items for protection 7 under this Order must take care to limit any such designation to specific material 8 that qualifies under the appropriate standards. The Designating Party must 9 designate for protection only those parts of material, documents, items, or oral or 10 written communications that qualify so that other portions of the material, 11 documents, items, or communications for which protection is not warranted are not 12 13 swept unjustifiably within the ambit of this Order. 14 Mass, indiscriminate, or routinized designations are prohibited. Designations 15 that are shown to be clearly unjustified or that have been made for an improper 16 purpose (e.g., to unnecessarily encumber the case development process or to 17 impose unnecessary expenses and burdens on other parties) may expose the 18 Designating Party to sanctions. 19 If it comes to a Designating Party’s attention that information or items that it 20 designated for protection do not qualify for protection, that Designating Party must 21 promptly notify all other Parties that it is withdrawing the inapplicable designation. 22 5.2 Manner and Timing of Designations. 23 24 Except as otherwise provided in this Order (see, e.g., second paragraph of 25 section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or 26 Discovery Material that qualifies for protection under this Order must be clearly so 27 designated before the material is disclosed or produced. 28 1 Designation in conformity with this Order requires: 2 a. for information in documentary form (e.g., paper or electronic 3 documents, but excluding transcripts of depositions or other pretrial or trial 4 proceedings), that the Producing Party affix at a minimum, the legend 5 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 6 contains protected material. If only a portion or portions of the material on a page 7 qualifies for protection, the Producing Party also must clearly identify the 8 9 protected portion(s) (e.g., by making appropriate markings in the margins). 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 13 before the designation, all of the material made available for inspection shall be 14 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 15 documents it wants copied and produced, the Producing Party must determine 16 which documents, or portions thereof, qualify for protection under this Order. 17 Then, before producing the specified documents, the Producing Party must affix 18 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 19 20 only a portion or portions of the material on a page qualifies for protection, the 21 Producing Party also must clearly identify the protected portion(s) (e.g., by making 22 appropriate markings in the margins). 23 b. for testimony given in depositions that the Designating Party identify 24 the Disclosure or Discovery Material on the record, before the close of the 25 deposition all protected testimony. 26 c. for information produced in some form other than documentary and 27 for any other tangible items, that the Producing Party affix in a prominent place on 28 1 the exterior of the container or containers in which the information is stored the 2 legend “CONFIDENTIAL.” If only a portion or portions of the information 3 warrants protection, the Producing Party, to the extent practicable, shall identify 4 the protected portion(s). 5 5.3 Inadvertent Failures to Designate. 6 If timely corrected, an inadvertent failure to designate qualified information 7 8 or items does not, standing alone, waive the Designating Party’s right to secure 9 protection under this Order for such material. Upon timely correction of a 10 designation, the Receiving Party must make reasonable efforts to assure that the 11 material is treated in accordance with the provisions of this Order. 12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 6.1 Timing of Challenges. 14 Any Party or Non-Party may challenge a designation of confidentiality at 15 any time that is consistent with the Court’s Scheduling Order. 16 6.2 Meet and Confer. 17 18 The Challenging Party shall initiate the dispute resolution process under 19 Local Rule 37.1 et seq. 20 6.3 Burden on Designating Party 21 The burden of persuasion in any such challenge proceeding shall be on the 22 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 25 waived or withdrawn the confidentiality designation, all parties shall continue to 26 27 afford the material in question the level of protection to which it is entitled under 28 the Producing Party’s designation until the Court rules on the challenge. 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. 3 A Receiving Party may use Protected Material that is disclosed or produced 4 by another Party or by a Non-Party in connection with this Action only for 5 prosecuting, defending, or attempting to settle this Action. Such Protected Material 6 may be disclosed only to the categories of persons and under the conditions 7 described in this Order. When the Action has been terminated, a Receiving Party 8 9 must comply with the provisions of section 13 below (FINAL DISPOSITION). 10 Protected Material must be stored and maintained by a Receiving Party at a 11 location and in a secure manner that ensures that access is limited to the persons 12 authorized under this Order. 13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. 14 Unless otherwise ordered by the court or permitted in writing by the 15 Designating Party, a Receiving Party may disclose any information or item 16 designated “CONFIDENTIAL” only to: 17 a. the Receiving Party’s Outside Counsel of Record in this Action, as 18 19 well as employees of said Outside Counsel of Record to whom it is 20 reasonably necessary to disclose the information for this Action; the 21 officers, directors, and employees (including House Counsel) of the 22 Receiving Party to whom disclosure is reasonably necessary for this 23 Action; 24 b. Experts (as defined in this Order) of the Receiving Party to whom 25 disclosure is reasonably necessary for this Action and who have 26 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 27 A); 28 1 c. the court and its personnel; 2 d. court reporters and their staff; 3 e. professional jury or trial consultants, mock jurors, and Professional 4 Vendors to whom disclosure is reasonably necessary for this Action 5 and who have signed the “Acknowledgment and Agreement to Be 6 Bound” (Exhibit A); 7 f. the author or recipient of a document containing the information or a 8 9 custodian or other person who otherwise possessed or knew the 10 information; 11 g. during their depositions, witnesses ,and attorneys for witnesses, in the 12 Action to whom disclosure is reasonably necessary provided: (1) the 13 deposing party requests that the witness sign the form attached as 14 Exhibit 1 hereto; and (2) they will not be permitted to keep any 15 confidential information unless they sign the “Acknowledgment and 16 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the 17 Designating Party or ordered by the court. Pages of transcribed 18 deposition testimony or exhibits to depositions that reveal Protected 19 20 Material may be separately bound by the court reporter and may not 21 be disclosed to anyone except as permitted under this Stipulated 22 Protective Order; and 23 h. any mediator or settlement officer, and their supporting personnel, 24 mutually agreed upon by any of the parties engaged in settlement 25 discussions. 26 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 27 PRODUCED IN OTHER LITIGATION 28 1 If a Party is served with a subpoena or a court order issued in other litigation 2 that compels disclosure of any information or items designated in this Action as 3 “CONFIDENTIAL,” that Party must: 4 a. promptly notify in writing the Designating Party. Such notification 5 shall include a copy of the subpoena or court order; 6 b. promptly notify in writing the party who caused the subpoena or order 7 to issue in the other litigation that some or all of the material covered 8 9 by the subpoena or order is subject to this Protective Order. Such 10 notification shall include a copy of this Stipulated Protective Order; 11 and 12 c. cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be 14 affected. 15 If the Designating Party timely seeks a protective order, the Party served 16 with the subpoena or court order shall not produce any information designated in 17 this action as “CONFIDENTIAL” before a determination by the court from which 18 the subpoena or order issued, unless the Party has obtained the Designating Party’s 19 20 permission. The Designating Party shall bear the burden and expense of seeking 21 protection in that court of its confidential material and nothing in these provisions 22 should be construed as authorizing or encouraging a Receiving Party in this Action 23 to disobey a lawful directive from another court. 24 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 25 PRODUCED IN THIS LITIGATION 26 a. The terms of this Order are applicable to information produced by a 27 Non-Party in this Action and designated as “CONFIDENTIAL.” Such 28 1 information produced by Non-Parties in connection with this litigation 2 is protected by the remedies and relief provided by this Order. 3 Nothing in these provisions should be construed as prohibiting a Non- 4 Party from seeking additional protections. 5 b. In the event that a Party is required, by a valid discovery request, to 6 produce a Non-Party’s confidential information in its possession, and 7 the Party is subject to an agreement with the Non-Party not to produce 8 9 the Non-Party’s confidential information, then the Party shall: 10 i. promptly notify in writing the Requesting Party and the Non- 11 Party that some or all of the information requested is subject to 12 a confidentiality agreement with a Non-Party; 13 ii. promptly provide the Non-Party with a copy of the Stipulated 14 Protective Order in this Action, the relevant discovery 15 request(s), and a reasonably specific description of the 16 information requested; and 17 iii. make the information requested available for inspection by the 18 Non-Party, if requested. 19 20 c. If the Non-Party fails to seek a protective order from this court within 21 14 days of receiving the notice and accompanying information, the 22 Receiving Party may produce the Non-Party’s confidential 23 information responsive to the discovery request. If the Non-Party 24 timely seeks a protective order, the Receiving Party shall not produce 25 any information in its possession or control that is subject to the 26 confidentiality agreement with the Non-Party before a determination 27 by the court. Absent a court order to the contrary, the Non-Party shall 28 1 bear the burden and expense of seeking protection in this court of its 2 Protected Material. 3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Protected Material to any person or in any circumstance not authorized under this 6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 7 writing the Designating Party of the unauthorized disclosures, (b) use its best 8 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 9 10 person or persons to whom unauthorized disclosures were made of all the terms of 11 this Order, and (d) request such person or persons to execute the 12 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

11. INADVERTENT PRODUCTION OF PRIVILEGED OR 15 OTHERWISE PROTECTED MATERIAL 16 When a Producing Party gives notice to Receiving Parties that certain inadvertently 17 produced material is subject to a claim of privilege or other protection, the 18 obligations of the Receiving Parties are those set forth in Federal Rule of Civil 19 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 20 procedure may be established in an e-discovery order that provides for production 21 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 22 23 (e), insofar as the parties reach an agreement on the effect of disclosure of a 24 communication or information covered by the attorney-client privilege or work 25 product protection, the parties may incorporate their agreement in the stipulated 26 protective order submitted to the court. 27 12. 12. MISCELLANEOUS 28 12.1 Right to Further Relief. 1 Nothing in this Order abridges the right of any person to seek its 2 modification by the Court in the future. 3 12.2 Right to Assert Other Objections. 4 By stipulating to the entry of this Protective Order no Party waives any right 5 it otherwise would have to object to disclosing or producing any information or 6 item on any ground not addressed in this Stipulated Protective Order. Similarly, no 7 8 Party waives any right to object on any ground to use in evidence of any of the 9 material covered by this Protective Order. 10 12.3 Filing Protected Material. 11 A Party that seeks to file under seal any Protected Material must comply 12 with Civil Local Rule 79-5. Protected Material may only be filed under seal 13 pursuant to a court order authorizing the sealing of the specific Protected Material 14 at issue. If a Party's request to file Protected Material under seal is denied by the 15 court, then the Receiving Party may file the information in the public record unless 16 otherwise instructed by the court. 17 18 13. FINAL DISPOSITION 19 After the final disposition of this Action, as defined in paragraph 4, within 20 60 days of a written request by the Designating Party, each Receiving Party must 21 return all Protected Material to the Producing Party or destroy such material. As 22 used in this subdivision, “all Protected Material” includes all copies, abstracts, 23 compilations, summaries, and any other format reproducing or capturing any of the 24 Protected Material. Whether the Protected Material is returned or destroyed, the 25 Receiving Party must submit a written certification to the Producing Party (and, if 26 not the same person or entity, to the Designating Party) by the 60 day deadline that 27 (1) identifies (by category, where appropriate) all the Protected Material that was 28 1 returned or destroyed and (2)affirms that the Receiving Party has not retained any 2 copies, abstracts, compilations, summaries or any other format reproducing or 3 capturing any of the Protected Material. Notwithstanding this provision, Counsel 4 are entitled to retain an archival copy of all pleadings, motion papers, trial, 5 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 6 and trial exhibits, expert reports, attorney work product, and consultant and expert 7 work product, even if such materials contain Protected Material. Any such archival 8 9 copies that contain or constitute Protected Material remain subject to this 10 Protective Order as set forth in Section 4 (DURATION). 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 /// 28 1 14. SIGNATURES 2 Any violation of this Order may be punished by any and all appropriate 3 measures including, without limitation, contempt proceedings and/or monetary 4 sanctions: 5 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 Dated: March 6, 2020 By: /s/ Trevor W. Barrett 8 Scott Alan Burroughs, Esq. 9 Trevor W. Barrett, Esq. Attorneys for Plaintiff 10 11 12 Dated: March 6, 2020 By: /s/ Alicia M. Veglia Alicia M. Veglia, Esq. 13 Frank Seddigh, Esq. 14 Attorneys for Defendants 15 16 Pursuant to Civil L.R. 5-4.3.4(a)(2)(i), the filer attests that all other signatories 17 listed, and on whose behalf this filing is submitted, concur in the filing’s content and 18 have authorized the filing. 19 20 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 21 22 23 DATED:_M__a_r_c_h_ 1_0_,_ 2_0_2_0___________ 24 25 26 ____________/ _s _/ _S_a_g_a_r__________________ Honorable Alka Sagar 27 United States Magistrate Judge 28 EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 I, _____________________________ [print or type full name], of 4 ____________________________________________ [print or type full address], 5 declare under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for 7 the Central District of California on ___________________[date] in the case of 8 ___________ [insert formal name of the case and the number and initials assigned 9 to it by the court]. I agree to comply with and to be bound by all the terms of this 10 Stipulated Protective Order and I understand and acknowledge that failure to so 11 comply could expose me to sanctions and punishment in the nature of contempt. I 12 solemnly promise that I will not disclose in any manner any information or item 13 that is subject to this Stipulated Protective Order to any person or entity except in 14 15 strict compliance with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District 17 Court for the Central District of California for the purpose of enforcing the terms 18 of this Stipulated Protective Order, even if such enforcement proceedings occur 19 after termination of this action. I hereby appoint __________________________ 20 [print or type full name] of _______________________________________ [print 21 or type full address and telephone number] as my California agent for service of 22 process in connection with this action or any proceedings related to enforcement of 23 this Stipulated Protective Order. 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 27 Printed name: _______________________________ 28 Signature: __________________________________