1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 UNIVERSAL DYEING & PRINTING, INC., a California Corporation, Case Number: 2:19-cv-09238-JFW-KS 11 Hon. John F. Walter Presiding 12 Plaintiff, STIPULATED PROTECTIVE ORDER 13 v. 14 BOSCOV’S, INC., a Delaware DISCOVERY MATTER corporation; INTERMARKET 15 APPAREL, LLC, individually and doing 16 business as “SHENANIGANS,” a New York limited liability company; and 17 DOES 1 through 10, 18 Defendants. 19 20 Pursuant to Fed.R.Civ.P. 26(c), the parties to this lawsuit, through undersigned 21 counsel, jointly submit this Stipulated Protective Order to govern the handling of 22 information and materials produced in the course of discovery or filed with the Court 23 in this action: 24 1. A. PURPOSES AND LIMITATIONS 25 Discovery in this action is likely to involve production of confidential, 26 proprietary, or private information for which special protection from public disclosure 27 and from use for any purpose other than prosecuting this litigation may be warranted. 1 Protective Order. The parties acknowledge that this Order does not confer blanket 2 protections on all disclosures or responses to discovery and that the protection it 3 affords from public disclosure and use extends only to the limited information or items 4 that are entitled to confidential treatment under the applicable legal principles. 5 B. GOOD CAUSE STATEMENT 6 This action is likely to involve trade secrets, customer and pricing lists and 7 other valuable research, development, commercial, financial, technical and/or 8 proprietary information for which special protection from public disclosure and from 9 use for any purpose other than prosecution of this action is warranted. Such 10 confidential and proprietary materials and information consist of, among other things, 11 confidential business or financial information, information regarding confidential 12 business practices, or other confidential research, development, or commercial 13 information (including information implicating privacy rights of third parties), 14 information otherwise generally unavailable to the public, or which may be privileged 15 or otherwise protected from disclosure under state or federal statutes, court rules, case 16 decisions, or common law. Accordingly, to expedite the flow of information, to 17 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 18 to adequately protect information the parties are entitled to keep confidential, to 19 ensure that the parties are permitted reasonable necessary uses of such material in 20 preparation for and in the conduct of trial, to address their handling at the end of the 21 litigation, and serve the ends of justice, a protective order for such information is 22 justified in this matter. It is the intent of the parties that information will not be 23 designated as confidential for tactical reasons and that nothing be so designated 24 without a good faith belief that it has been maintained in a confidential, non-public 25 manner, and there is good cause why it should not be part of the public record of this 26 case. 27 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 1 The parties further acknowledge, as set forth in Section 12.3, below, that this 2 Stipulated Protective Order does not entitle them to file confidential information 3 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 4 the standards that will be applied when a party seeks permission from the court to file 5 material under seal. 6 There is a strong presumption that the public has a right of access to judicial 7 proceedings and records in civil cases. In connection with non-dispositive motions, 8 good cause must be shown to support a filing under seal. See Kamakana v. City and 9 County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors 10 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 11

(E.D. Wis. 1999) (even stipulated protective orders require good 12 cause showing), and a specific showing of good cause or compelling reasons with 13 proper evidentiary support and legal justification, must be made with respect to 14 Protected Material that a party seeks to file under seal. The parties’ mere designation 15 of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY 16 CONFIDENTIAL – ATTORNEYS’ EYES ONLY does not— without the 17 submission of competent evidence by declaration, establishing that the material 18 sought to be filed under seal qualifies as confidential, privileged, or otherwise 19 protectable—constitute good cause. 20 Further, if a party requests sealing related to a dispositive motion or trial, then 21 compelling reasons, not only good cause, for the sealing must be shown, and the relief 22 sought shall be narrowly tailored to serve the specific interest to be protected. See 23 Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 2010). For each 24 item or type of information, document, or thing sought to be filed or introduced under 25 seal in connection with a dispositive motion or trial, the party seeking protection must 26 articulate compelling reasons, supported by specific facts and legal justification, for 27 the requested sealing order. Again, competent evidence supporting the application to 1 Any document that is not confidential, privileged, or otherwise protectable in 2 its entirety will not be filed under seal if the confidential portions can be redacted. If 3 documents can be redacted, then a redacted version for public viewing, omitting only 4 the confidential, privileged, or otherwise protectable portions of the document, shall 5 be filed. Any application that seeks to file documents under seal in their entirety 6 should include an explanation of why redaction is not feasible. 7 2. DEFINITIONS 8 2.1 Action: The instant action: Universal Dyeing & Printing, Inc. v. 9 Boscov’s, Inc., et al, USDC Case Number: 2:19-cv-09238-JFW-KS. 10 2.2 Challenging Party: a Party or Non-Party that challenges the designation 11 of information or items under this Order. 12 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 13 how it is generated, stored or maintained) or tangible things that qualify for protection 14 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 15 Cause Statement. 16 2.4 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” 17 Information or Items: extremely sensitive “CONFIDENTIAL” Information or Items, 18 the disclosure of which to another Party or Non-Party would create a substantial risk 19 of serious harm that could not be avoided by less restrictive means. 20 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 21 support staff). 22 2.6 Designating Party: a Party or Non-Party that designates information or 23 items that it produces in disclosures or in responses to discovery as 24 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 25 ONLY.” 26 2.7 Disclosure or Discovery Material: all items or information, regardless 27 of the medium or manner in which it is generated, stored, or maintained (including, 1 generated in disclosures or responses to discovery in this matter. 2 2.8 Expert: a person with specialized knowledge or experience in a matter 3 pertinent to the litigation who has been retained by a Party or its counsel to serve as 4 an expert witness or as a consultant in this Action. 5 2.9 House Counsel: attorneys who are employees of a party to this Action. 6 House Counsel does not include Outside Counsel of Record, or any other outside 7 counsel. 8 2.10 Non-Party: any natural person, partnership, corporation, association, or 9 other legal entity not named as a Party to this action. 10 2.11 Outside Counsel of Record: attorneys who are not employees of a party 11 to this Action but are retained to represent or advise a party to this Action and have 12 appeared in this Action on behalf of that party or are affiliated with a law firm which 13 has appeared on behalf of that party and includes support staff. 14 2.12 Party: any party to this Action, including all of its officers, directors, 15 employees, consultants, retained experts, and Outside Counsel of Record (and their 16 support staffs). 17 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 18 Discovery Material in this Action. 19 2.14 Professional Vendors: persons or entities that provide litigation support 20 services (e.g., photocopying, videotaping, translating, preparing exhibits or 21 demonstrations, and organizing, storing, or retrieving data in any form or medium) 22 and their employees and subcontractors. 23 2.15 Protected Material: any Disclosure or Discovery Material that is 24 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- 25 ATTORNEYS’ EYES ONLY.” 26 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 27 from a Producing Party. 1 The protections conferred by this Order cover not only Protected Material (as 2 defined above), but also (1) any information copied or extracted from Protected 3 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 4 and (3) any deposition testimony, conversations, or presentations by Parties or their 5 Counsel that might reveal Protected Material, other than during a court hearing or at 6 trial. 7 Any use of Protected Material during a court hearing or at trial shall be 8 governed by the orders of the presiding judge. This Order does not govern the use of 9 Protected Material during a court hearing or at trial. 10 4. DURATION 11 Once a case proceeds to trial, information that was designated as 12 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 13 as an exhibit at trial becomes public and will be presumptively available to all 14 members of the public, including the press, unless compelling reasons supported by 15 specific factual findings to proceed otherwise are made to the trial judge in advance 16 of the trial. See Kamakana,

(distinguishing “good cause” 17 showing for sealing documents produced in discovery from “compelling reasons” 18 standard when merits-related documents are part of court record). Accordingly, the 19 terms of this protective order do not extend beyond the commencement of the trial. 20 Subject to the immediately foregoing paragraph, after final disposition of this 21 Action, the confidentiality obligations imposed by this Order shall remain in effect 22 until a Designating Party agrees otherwise in writing or a court order otherwise 23 directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 24 and defenses in this Action, with or without prejudice; and (2) final judgment herein 25 after the completion and exhaustion of all appeals, rehearings, remands, trials, or 26 reviews of this Action, including the time limits for filing any motions or applications 27 for extension of time pursuant to applicable law. 1 5.1 Exercise of Restraint and Care in Designating Material for Protection. 2 Each Party or Non-Party that designates information or items for protection under this 3 Order must take care to limit any such designation to specific material that qualifies 4 under the appropriate standards. The Designating Party must designate for protection 5 only those parts of material, documents, items, or oral or written communications that 6 qualify so that other portions of the material, documents, items, or communications 7 for which protection is not warranted are not swept unjustifiably within the ambit of 8 this Order. 9 Mass, indiscriminate, or routinized designations are prohibited. Designations 10 that are shown to be clearly unjustified or that have been made for an improper 11 purpose (e.g., to unnecessarily encumber the case development process or to impose 12 unnecessary expenses and burdens on other parties) may expose the Designating Party 13 to sanctions. 14 If it comes to a Designating Party’s attention that information or items that it 15 designated for protection do not qualify for protection, that Designating Party must 16 promptly notify all other Parties that it is withdrawing the inapplicable designation. 17 5.2 Manner and Timing of Designations. Except as otherwise provided in 18 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise 19 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 20 under this Order must be clearly so designated before the material is disclosed or 21 produced. 22 Designation in conformity with this Order requires: 23 (a) for information in documentary form (e.g., paper or electronic 24 documents, but excluding transcripts of depositions), that the Producing Party affix at 25 a minimum, the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- 26 ATTORNEYS’ EYES ONLY” to each page that contains protected material. If only 27 a portion or portions of the material on a page qualifies for protection, the Producing 1 markings in the margins). 2 A Party or Non-Party that makes original documents available for inspection 3 need not designate them for protection until after the inspecting Party has indicated 4 which documents it would like copied and produced. During the inspection and before 5 the designation, all of the material made available for inspection shall be deemed 6 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 7 copied and produced, the Producing Party must determine which documents, or 8 portions thereof, qualify for protection under this Order. Then, before producing the 9 specified documents, the Producing Party must affix the “CONFIDENTIAL”, or 10 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” legend to each page 11 that contains Protected Material. If only a portion or portions of the material on a 12 page qualifies for protection, the Producing Party also must clearly identify the 13 protected portion(s) (e.g., by making appropriate markings in the margins). 14 (b) Deposition transcripts and portions thereof taken in this action may be 15 designated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – 16 ATTORNEYS’ EYES ONLY” during the deposition or after, in which case the 17 portion of the transcript containing Designated Material shall be identified in the 18 transcript by the Court Reporter as “CONFIDENTIAL,” or “HIGHLY 19 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” The designated testimony shall 20 be bound in a separate volume and marked by the reporter accordingly. 21 Where testimony is designated during the deposition, the Designating Party 22 shall have the right to exclude, at those portions of the deposition, all persons not 23 authorized by the terms of this Protective Order to receive such Designated Material 24 Within seven (7) days after a deposition transcript is certified by the court reporter, 25 any party may designate pages of the transcript and/or its exhibits as Designated 26 Material. During such seven (7) day period, the transcript in its entirety shall be 27 treated as “CONFIDENTIAL” (except for those portions identified earlier as 1 accordingly from the date of designation). If any party so designates such material, 2 the parties shall provide written notice of such designation to all parties within the 3 seven (7) day period. Designated Material within the deposition transcript or the 4 exhibits thereto may be identified in writing by page and line, or by underlining and 5 marking such portions “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – 6 ATTORNEYS’ EYES ONLY” and providing such marked-up portions to all counsel. 7 (c) for information produced in some form other than documentary and for 8 any other tangible items, that the Producing Party affix in a prominent place on the 9 exterior of the container or containers in which the information is stored the legend 10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 11 ONLY.” If only a portion or portions of the information warrants protection, the 12 Producing Party, to the extent practicable, shall identify the protected portion(s). 13 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 14 failure to designate qualified information or items does not, standing alone, waive the 15 Designating Party’s right to secure protection under this Order for such material. 16 Upon timely correction of a designation, the Receiving Party must make reasonable 17 efforts to assure that the material is treated in accordance with the provisions of this 18 Order. 19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 21 designation of confidentiality at any time that is consistent with the Court’s 22 Scheduling Order. 23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 24 resolution process under Local Rule 37-1 et seq. 25 6.3 Any challenge submitted to the Court shall be via a joint stipulation 26 pursuant to Local Rule 37-2. 27 6.4 The burden of persuasion in any such challenge proceeding shall be on 1 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 2 expose the Challenging Party to sanctions. Unless the Designating Party has waived 3 or withdrawn the confidentiality designation, all parties shall continue to afford the 4 material in question the level of protection to which it is entitled under the Producing 5 Party’s designation until the Court rules on the challenge. 6 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 7.1 Basic Principles. A Receiving Party may use Protected Material that is 8 disclosed or produced by another Party or by a Non-Party in connection with this 9 Action only for prosecuting, defending, or attempting to settle this Action. Such 10 Protected Material may be disclosed only to the categories of persons and under the 11 conditions described in this Order. When the Action has been terminated, a Receiving 12 Party must comply with the provisions of Section 13 below (FINAL DISPOSITION). 13 Protected Material must be stored and maintained by a Receiving Party at a 14 location and in a secure manner that ensures that access is limited to the persons 15 authorized under this Order. 16 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 17 otherwise ordered by the court or permitted in writing by the Designating Party, a 18 Receiving Party may disclose any information or item designated 19 “CONFIDENTIAL” only to: 20 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 21 as employees of said Outside Counsel of Record to whom it is reasonably necessary 22 to disclose the information for this Action; 23 (b) the officers, directors, and employees (including House Counsel) of the 24 Receiving Party to whom disclosure is reasonably necessary for this Action; 25 (c) Experts (as defined in this Order) of the Receiving Party to whom 26 disclosure is reasonably necessary for this Action and who have signed the 27 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 1 (e) private court reporters and their staff; 2 (f) professional jury or trial consultants, mock jurors, and Professional 3 Vendors to whom disclosure is reasonably necessary for this Action and who have 4 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 5 (g) the author or recipient of a document containing the information or a 6 custodian or other person who otherwise possessed or knew the information; 7 (h) during their depositions, witnesses, and attorneys for witnesses, in the 8 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 9 requests that the witness sign the form as attached as “Acknowledgment and 10 Agreement to Be Bound” (Exhibit A hereto); and (2) they will not be permitted to 11 keep any confidential information unless they sign the “Acknowledgment and 12 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 13 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits 14 to depositions that reveal Protected Material may be separately bound by the court 15 reporter and may not be disclosed to anyone except as permitted under this Protective 16 Order; and 17 (i) any mediator or settlement officer, and their supporting personnel, 18 mutually agreed upon by any of the parties engaged in settlement discussions. 19 7.3 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 20 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 21 writing by the Designating Party, a Receiving Party may disclose any information or 22 item designated “HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY” only 23 to: 24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 25 employees of said Outside Counsel of Record to whom it is reasonably necessary to 26 disclose the information for this Action; 27 (b) Experts (as defined in this Order) of the Receiving Party to whom 1 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2 (c) the court and its personnel; 3 (d) private court reporters and their staff; 4 (e) professional jury or trial consultants, mock jurors, and Professional 5 Vendors to whom disclosure is reasonably necessary for this Action and who have 6 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 (f) the author or recipient of a document containing the information or a 8 custodian or other person who otherwise possessed or knew the information; and 9 (g) any mediator or settlement officer, and their supporting personnel, mutually 10 agreed upon by any of the parties engaged in settlement discussions. 11 7.4 Nothing herein in any way restricts the ability of the Receiving Party to 12 use “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 13 ONLY” material produced to it in examining or cross-examining any employee or 14 consultant of the Designating Party. 15 7.5 The parties agree that the Parties may be provided by their Counsel a 16 summary document, or oral summary, setting forth the alleged infringers’ full 17 identities, revenues, and gross profits numbers, as well as the plaintiff’s sales, 18 revenues and profits from the sale of product affixed with the allegedly infringed 19 design(s) at issue in this action, or other similar financial information, 20 notwithstanding any Party’s designation of documents showing such information as 21 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. The Parties further 22 agree that Plaintiff is free to name revealed alleged infringers as defendants in a 23 lawsuit, notwithstanding any Party’s designation of documents showing such 24 information as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 25 PRODUCED IN OTHER LITIGATION 26 If a Party is served with a subpoena or a court order issued in other litigation 27 that compels disclosure of any information or items designated in this Action as 1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 2 ONLY,” that Party must: 3 (a) promptly notify in writing the Designating Party. Such notification shall 4 include a copy of the subpoena or court order unless prohibited by law; 5 (b) promptly notify in writing the party who caused the subpoena or order 6 to issue in the other litigation that some or all of the material covered by the subpoena 7 or order is subject to this Protective Order. Such notification shall include a copy of 8 this Stipulated Protective Order; and 9 (c) cooperate with respect to all reasonable procedures sought to be pursued 10 by the Designating Party whose Protected Material may be affected. 11 If the Designating Party timely seeks a protective order, the Party served with 12 the subpoena or court order shall not produce any information designated in this action 13 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 14 ONLY” before a determination by the court from which the subpoena or order issued, 15 unless the Party has obtained the Designating Party’s permission, or unless otherwise 16 required by the law or court order. The Designating Party shall bear the burden and 17 expense of seeking protection in that court of its confidential material and nothing in 18 these provisions should be construed as authorizing or encouraging a Receiving Party 19 in this Action to disobey a lawful directive from another court. 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 20 PRODUCED IN THIS LITIGATION 21 (a) The terms of this Order are applicable to information produced by a 22 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 23 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information produced by 24 Non-Parties in connection with this litigation is protected by the remedies and relief 25 provided by this Order. Nothing in these provisions should be construed as 26 prohibiting a Non-Party from seeking additional protections. 27 (b) In the event that a Party is required, by a valid discovery request, to 1 produce a Non-Party’s confidential information in its possession, and the Party is 2 subject to an agreement with the Non-Party not to produce the Non-Party’s 3 confidential information, then the Party shall: 4 (1) promptly notify in writing the Requesting Party and the Non-Party 5 that some or all of the information requested is subject to a confidentiality agreement 6 with a Non-Party; 7 (2) promptly provide the Non-Party with a copy of the Stipulated 8 Protective Order in this Action, the relevant discovery request(s), and a reasonably 9 specific description of the information requested; and 10 (3) make the information requested available for inspection by the Non- 11 Party, if requested. 12 (c) If a Non-Party fails to seek a protective order from this court within 14 13 days of receiving the notice and accompanying information, the Receiving Party may 14 produce the Non-Party’s confidential information responsive to the discovery request. 15 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 16 any information in its possession or control that is subject to the confidentiality 17 agreement with the Non-Party before a determination by the court unless otherwise 18 required by the law or court order. Absent a court order to the contrary, the Non- 19 Party shall bear the burden and expense of seeking protection in this court of its 20 Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Protective Order, the Receiving Party must immediately (a) notify in writing the 25 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 26 all unauthorized copies of the Protected Material, (c) inform the person or persons to 27 whom unauthorized disclosures were made of all the terms of this Order, and (d) 1 Be Bound” (Exhibit A). 2 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 3 PROTECTED MATERIAL 4 When a Producing Party gives notice to Receiving Parties that certain 5 inadvertently produced material is subject to a claim of privilege or other protection, 6 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 7 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 8 may be established in an e-discovery order that provides for production without prior 9 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 10 parties reach an agreement on the effect of disclosure of a communication or 11 information covered by the attorney-client privilege or work product protection, the 12 parties may incorporate their agreement in the stipulated protective order submitted 13 to the court. 14 12. MISCELLANEOUS 15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 16 person to seek its modification by the Court in the future. 17 12.2 Right to Assert Other Objections. By stipulating to this Protective Order, 18 no Party waives any right it otherwise would have to object to disclosing or producing 19 any information or item on any ground not addressed in this Stipulated Protective 20 Order. Similarly, no Party waives any right to object on any ground to use in evidence 21 of any of the material covered by this Protective Order. 22 12.3 Filing Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 24 only be filed under seal pursuant to a court order authorizing the sealing of the specific 25 Protected Material at issue. If a Party’s request to file Protected Material under seal 26 is denied by the court, then the Receiving Party may file the information in the public 27 record unless otherwise instructed by the court. 1 || After the final disposition of this Action, as defined in Section 4, within 60 days of a 2 || written request by the Designating Party, each Receiving Party must return all 3 || Protected Material to the Producing Party or destroy such material. As used in this 4 || subdivision, “all Protected Material” includes all copies, abstracts, compilations, 5 || summaries, and any other format reproducing or capturing any of the Protected 6 || Material. Whether the Protected Material is returned or destroyed, the Receiving 7 || Party must submit a written certification to the Producing Party (and, if not the same 8 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 9 || (by category, where appropriate) all the Protected Material that was returned or 10 || destroyed and (2) affirms that the Receiving Party has not retained any copies, 11 || abstracts, compilations, summaries or any other format reproducing or capturing any 12 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 13 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 14 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 15 || reports, attorney work product, and consultant and expert work product, even if such 16 || materials contain Protected Material. Any such archival copies that contain or 17 || constitute Protected Material remain subject to this Protective Order as set forth in 18 || Section 4 (DURATION). 19 14. VIOLATION 20 Any violation of this Order may be punished by appropriate measures 21 || including, without limitation, contempt proceedings and/or monetary sanctions. 22 23 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 24 ll Dated: June 12, 2020 aun_L: Bossnss 26 KAREN L. STEVENSON UNITED STATES MAGISTRATE JUDGE

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on _________________________ in the case of Universal Dyeing & Printing, Inc. 8 v. Boscov’s, Inc., et al, Case Number: 2:19-cv-09238-JFW-KS. I agree to comply 9 with and to be bound by all the terms of this Stipulated Protective Order and I 10 understand and acknowledge that failure to so comply could expose me to sanctions 11 and punishment in the nature of contempt. I solemnly promise that I will not 12 disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the 14 provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [print 19 or type full name] of _______________________________________ [print or type 20 full address and telephone number] as my California agent for service of process in 21 connection with this action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27