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8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11

12 GUANGZHOU YUCHENG Case No. 2:21-cv-04758-JVS-JDE 13 TRADING CO., LTD., a foreign limited liability company, 14 STIPULATED PROTECTIVE 15 Plaintiff/Counterclaim Defendant, ORDER

16 v. 17 DBEST PRODUCTS, INC., a 18 California corporation, 19 Defendant/Counterclaim Plaintiff. 20 21 22 Based on the parties’ Stipulation (Dkt. 29), and for good cause shown therein, 23 the Court finds and orders as follows. 24 1. 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 pursuing this litigation may be warranted. 1 following Stipulated Protective Order. The parties acknowledge that this Order does 2 not confer blanket protections on all disclosures or responses to discovery and that 3 the protection it affords from public disclosure and use extends only to the limited 4 information or items that are entitled to confidential treatment under the applicable 5 legal principles. 6 2. GOOD CAUSE STATEMENT 7 This action is likely to involve trade secrets, customer and pricing lists and 8 other valuable research, development, commercial, financial, technical and/or 9 proprietary information for which special protection from public disclosure and 10 from use for any purpose other than prosecution of this action is warranted. Such 11 confidential and proprietary materials and information consist of, among other 12 things, confidential business or financial information, information regarding 13 confidential business practices, or other confidential research, development, or 14 commercial information (including information implicating privacy rights of third 15 parties), information otherwise generally unavailable to the public, or which may be 16 privileged or otherwise protected from disclosure under state or federal statutes, 17 court rules, case decisions, or common law. Accordingly, to expedite the flow of 18 information, to facilitate the prompt resolution of disputes over confidentiality of 19 discovery materials, to adequately protect information the parties are entitled to 20 keep confidential, to ensure that the parties are permitted reasonable necessary uses 21 of such material in preparation for and in the conduct of trial, to address their 22 handling at the end of the litigation, and serve the ends of justice, a protective order 23 for such information is justified in this matter. It is the intent of the parties that 24 information will not be designated as confidential for tactical reasons and that 25 nothing be so designated without a good faith belief that it has been maintained in a 26 confidential, non-public manner, and there is good cause why it should not be part 27 of the public record of this case. 1 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 2 The parties further acknowledge, as set forth in Section 14.3, below, that this 3 Stipulated Protective Order does not entitle them to file confidential information 4 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 5 and the standards that will be applied when a party seeks permission from the court 6 to file material under seal. There is a strong presumption that the public has a right 7 of access to judicial proceedings and records in civil cases. In connection with non- 8 dispositive motions, good cause must be shown to support a filing under seal. See 9 Kamakana v. City and County of Honolulu,

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

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

(E.D. Wis. 1999) (even 12 stipulated protective orders require good cause showing), and a specific showing of 13 good cause or compelling reasons with proper evidentiary support and legal 14 justification, must be made with respect to Protected Material that a party seeks to 15 file under seal. The parties’ mere designation of Disclosure or Discovery Material as 16 CONFIDENTIAL or HIGHLY CONFIDENTIAL 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 22 relief sought shall be narrowly tailored to serve the specific interest to be protected. 23 See Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 2010). For 24 each item or type of information, document, or thing sought to be filed or introduced 25 under seal in connection with a dispositive motion or trial, the party seeking 26 protection must articulate compelling reasons, supported by specific facts and legal 27 justification, for the requested sealing order. Again, competent evidence supporting 1 Any document that is not confidential, privileged, or otherwise protectable in its 2 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 4 only the confidential, privileged, or otherwise protectable portions of the document, 5 shall be filed. Any application that seeks to file documents under seal in their 6 entirety should include an explanation of why redaction is not feasible. 7 4. DEFINITIONS 8 4.1 Action: this pending federal lawsuit. 9 4.2 Challenging Party: a Party or Non-Party that challenges the 10 designation of information or items under this Order. 11 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 12 how it is generated, stored or maintained) or tangible things that qualify for 13 protection under Federal Rule of Civil Procedure 26(c). 14 4.4 “HIGHLY CONFIDENTIAL” Information or Items: extremely 15 sensitive “Confidential Information or Items,” disclosure of which to another Party 16 or Non-Party would create a substantial risk of serious harm that could not be 17 avoided by less restrictive means. 18 4.5 Counsel: Outside Counsel of Record as well as their support staff. 19 4.6 Designating Party: a Party or Non-Party that designates information or 20 items that it produces in disclosures or in responses to discovery as 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 22 4.7 Disclosure or Discovery Material: all items or information, regardless of 23 the medium or manner in which it is generated, stored, or maintained (including, 24 among other things, testimony, transcripts, and tangible things), that are produced or 25 generated in disclosures or responses to discovery in this matter. 26 4.8 Expert: a person with specialized knowledge or experience in a matter 27 pertinent to the litigation who has been retained by a Party or its counsel to serve as 1 4.9 Non-Party: any natural person, partnership, corporation, association or 2 other legal entity not named as a Party to this action. 3 4.10 Outside Counsel of Record: attorneys who are not employees of a party 4 to this Action but are retained to represent or advise a party to this Action and have 5 appeared in this Action on behalf of that party or are affiliated with a law firm that 6 has appeared on behalf of that party, and includes support staff. 7 4.11 Party: any party to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 11 Discovery Material in this Action. 12 4.13 Professional Vendors: persons or entities that provide litigation support 13 services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 demonstrations, and organizing, storing, or retrieving data in any form or medium) 15 and their employees and subcontractors. 16 4.14 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 18 4.15 Receiving Party: a Party that receives Disclosure or Discovery 19 Material from a Producing Party. 20 5. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or 23 extracted from Protected Material; (2) all copies, excerpts, summaries, or 24 compilations of Protected Material; and (3) any testimony, conversations, or 25 presentations by Parties or their Counsel that might reveal Protected Material. 26 Any use of Protected Material at trial shall be governed by the orders of the 27 trial judge and other applicable authorities. This Order does not govern the use of 1 The protections conferred by this Stipulation and Order do not cover the 2 following information: (a) any information that is in the public domain at the time of 3 disclosure to a Receiving Party or becomes part of the public domain after its 4 disclosure to a Receiving Party as a result of publication not involving a violation of 5 this Order, including becoming part of the public record through trial or otherwise; 6 and (b) any information known to the Receiving Party prior to the disclosure or 7 obtained by the Receiving Party after the disclosure from a source who obtained the 8 information lawfully and under no obligation of confidentiality to the Designating 9 Party. 10 6. DURATION 11 Even after final disposition of this litigation, the confidentiality obligations 12 imposed by this Order shall remain in effect until a Designating Party agrees 13 otherwise in writing or a court order otherwise directs. Final disposition shall be 14 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 15 or without prejudice; and (2) final judgment herein after the completion and 16 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 17 including the time limits for filing any motions or applications for extension of time 18 pursuant to applicable law. 19 Once a case proceeds to trial, information that was designated as 20 CONFIDENTIAL or HIGHLY CONFIDENTIAL or maintained pursuant to this 21 protective order used or introduced as an exhibit at trial becomes public and will be 22 presumptively available to all members of the public, including the press, unless 23 compelling reasons supported by specific factual findings to proceed otherwise are 24 made to the trial judge in advance of the trial. See Kamakana,

-81 25 (distinguishing “good cause” showing for sealing documents produced in discovery 26 from “compelling reasons” standard when merits-related documents are part of 27 court record). Accordingly, for such materials, the terms of this protective order do 1 7. DESIGNATING PROTECTED MATERIAL 2 7.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection 4 under this Order must take care to limit any such designation to specific material 5 that qualifies under the appropriate standards. The Designating Party must designate 6 for protection only those parts of material, documents, items or oral or written 7 communications that qualify so that other portions of the material, documents, items 8 or communications for which protection is not warranted are not swept unjustifiably 9 within the ambit of this Order. 10 Mass, indiscriminate or routinized designations are prohibited. Designations 11 that are shown to be clearly unjustified or that have been made for an improper 12 purpose (e.g., to unnecessarily encumber the case development process or to impose 13 unnecessary expenses and burdens on other parties) may expose the Designating 14 Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must 17 promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 7.2 Manner and Timing of Designations. Except as otherwise provided in 19 this Order (see, e.g., second paragraph of section 7.2(a) below), or as otherwise 20 stipulated or ordered, Disclosure of Discovery Material that qualifies for protection 21 under this Order must be clearly so designated before the material is disclosed or 22 produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic 25 documents, but excluding transcripts of depositions or other pretrial or trial 26 proceedings), that the Producing Party affix at a minimum, the legend 27 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” (hereinafter 1 A Party or Non-Party that makes original documents available for inspection 2 need not designate them for protection until after the inspecting Party has indicated 3 which documents it would like copied and produced. During the inspection and 4 before the designation, all of the material made available for inspection shall be 5 deemed “HIGHLY CONFIDENTIAL.” After the inspecting Party has identified the 6 documents it wants copied and produced, the Producing Party must determine which 7 documents, or portions thereof, qualify for protection under this Order. Then, before 8 producing the specified documents, the Producing Party must affix the 9 “CONFIDENTIAL legend” to each page that contains Protected Material. 10 (b) Testimony provided during depositions will be treated as “HIGHLY 11 CONFIDENTIAL” for a period of 30 days. By the end of the 30 days, counsel for 12 the testifying witness must identify specific sections of the testimony that should be 13 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” pursuant to this 14 Protective Order. If the transcript has not been designated as “CONFIDENTIAL” or 15 “HIGHLY CONFIDENTIAL” within the thirty days following receipt of the 16 transcript, except upon stipulation by the parties or Court order, the transcript shall 17 no longer be considered “HIGHLY CONFIDENTIAL”. Any exhibits introduced 18 during the deposition as depositions exhibits shall maintain the confidentiality 19 designation on the document. 20 (c) for information produced in some form other than documentary and 21 for any other tangible items, that the Producing Party affix in a prominent place on 22 the exterior of the container or containers in which the information is stored the 23 “CONFIDENTIAL legend.” If only a portion or portions of the information 24 warrants protection, the Producing Party, to the extent practicable, shall identify the 25 protected portion(s). 26 7.3 Inadvertent Failures to Designate. If at any point before the trial of this 27 action a Producing Party realizes that it should have designated as 1 previously produced without limitation, the Producing Party may designate such 2 material by apprising all prior recipients in writing. An inadvertent failure to 3 designate qualified information or items does not, standing alone, waive the 4 Designating Party’s right to secure protection under this Order for such material. 5 Upon correction of a designation, the Receiving Party must make reasonable efforts 6 to assure that the material is treated in accordance with the provisions of this Order. 7 8. CHALLENGING CONFIDENTIAL OR HIGHLY CONFIDENTIAL DESIGNATIONS 8 9 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 10 designation of any level of confidentiality at any time subject to the operative 11 Scheduling Order. Unless a prompt challenge to a Designating Party’s 12 confidentiality designation is necessary to avoid foreseeable, substantial unfairness, 13 unnecessary economic burdens, or a significant disruption or delay of the litigation, 14 a Party does not waive its right to challenge a confidentiality designation by electing 15 not to mount a challenge promptly after the original designation is disclosed. 16 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 17 resolution process under Local Rule 37-1 et seq. 18 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 19 joint stipulation pursuant to Local Rule 37-2. 20 8.4 The burden of persuasion in any such challenge proceeding shall be on 21 the Designating Party. Frivolous challenges, and those made for an improper 22 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 23 parties) may expose the Challenging Party to sanctions. Unless the Designating 24 Party has waived or withdrawn the confidentiality designation, all parties shall 25 continue to afford the material in question the level of protection to which it is 26 entitled under the Producing Party’s designation until the Court rules on the 27 challenge. 1 9. ACCESS TO AND USE OF PROTECTED MATERIAL 2 9.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the Action has been terminated, a 7 Receiving Party must comply with the provisions of section 15 below (FINAL 8 DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 9.2 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. 13 Unless otherwise ordered by the court or permitted in writing by the Designating 14 Party, a Receiving Party may disclose any information or item designated 15 “HIGHLY CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 17 well as employees of said Outside Counsel of Record to whom it is reasonably 18 necessary to disclose the information for this Action; 19 (b) Experts (as defined in this Order) of the Receiving Party who are not 20 a Party, to whom disclosure is reasonably necessary for this Action, and who have 21 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (c) the court and its personnel; 23 (d) court reporters and their staff; 24 (e) professional jury or trial consultants, mock jurors, and Professional 25 Vendors to whom disclosure is reasonably necessary for this Action and who have 26 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (f) the author or recipient of a document containing the information or a 1 (g) during the depositions of (1) a Designating Party or a Designating 2 Parties’ employees, agents or representatives, and (2) witnesses in the Action to 3 whom disclosure is reasonably necessary and who have signed the 4 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 5 agreed by the Designating Party or ordered by the Court. Pages of transcribed 6 deposition testimony or exhibits to depositions that reveal Protected Material may 7 be separately bound by the court reporter and may not be disclosed to anyone except 8 as permitted under this Stipulated Protective Order; and 9 (h) any mediators or settlement officers and their supporting personnel, 10 mutually agreed upon by any of the parties engaged in settlement discussions. 11 9.3 Disclosure of “CONFIDENTIAL” Information or Items. Unless 12 otherwise ordered by the court or permitted in writing by the Designating Party, a 13 Receiving Party may disclose any information or item designated 14 “CONFIDENTIAL” only to: 15 (a) the individuals authorized to have access to Highly Confidential 16 Materials under this Order; and 17 (b) the officers, directors, and employees of the Receiving Party (1) to 18 whom disclosure is reasonably necessary for this Action, and (2) who have signed 19 the “Acknowledgment and Agreement to be Bound” (Exhibit A). 20 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 21 22 If a Party is served with a subpoena or a court order issued in other litigation 23 that compels disclosure of any information or items designated in this Action as 24 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” that Party must: 25 (a) promptly notify in writing the Designating Party. Such notification 26 shall include a copy of the subpoena or court order; 27 (b) promptly notify in writing the party who caused the subpoena or 1 subpoena or order is subject to this Protective Order. Such notification shall include 2 a copy of this Stipulated Protective Order; and 3 (c) cooperate with respect to all reasonable procedures sought to be 4 pursued by the Designating Party whose Protected Material may be affected. If the 5 Designating Party timely seeks a protective order, the Party served with the 6 subpoena or court order shall not produce any information designated in this action 7 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” before a determination by 8 the court from which the subpoena or order issued, unless the Party has obtained the 9 Designating Party’s permission. The Designating Party shall bear the burden and 10 expense of seeking protection in that court of its confidential material and nothing in 11 these provisions should be construed as authorizing or encouraging a Receiving 12 Party in this Action to disobey a lawful directive from another court. 13 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 14 15 (a) The terms of this Order are applicable to information produced by a 16 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 17 CONFIDENTIAL.” Such information produced by Non-Parties in connection with 18 this litigation is protected by the remedies and relief provided by this Order. 19 Nothing in these provisions should be construed as prohibiting a Non-Party from 20 seeking additional protections. 21 (b) In the event that a Party is required, by a valid discovery request, to 22 produce a Non-Party’s confidential information in its possession, and the Party is 23 subject to an agreement with the Non-Party not to produce the Non-Party’s 24 confidential information, then the Party shall: 25 (1) promptly notify in writing the Requesting Party and the Non-Party 26 that some or all of the information requested is subject to a confidentiality 27 agreement with a Non-Party; 1 Protective Order in this Action, the relevant discovery request(s), and a reasonably 2 specific description of the information requested; and 3 (3) make the information requested available for inspection by the 4 Non-Party, if requested. 5 (c) If the Non-Party fails to seek a protective order from this court 6 within 14 days of receiving the notice and accompanying information, the 7 Receiving Party may produce the Non-Party’s confidential information 8 responsive to the discovery request. If the Non-Party timely seeks a protective 9 order, the Receiving Party shall not produce any information in its possession 10 or control that is subject to the confidentiality agreement with the Non-Party 11 before a determination by the court. Absent a court order to the contrary, the 12 Non-Party shall bear the burden and expense of seeking protection in this court 13 of its Protected Material. 14 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 16 Protected Material to any person or in any circumstance not authorized under this 17 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 18 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 19 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 20 persons to whom unauthorized disclosures were made of all the terms of this Order, 21 and (d) request such person or persons to execute the “Acknowledgment an 22 Agreement to Be Bound” attached hereto as Exhibit A. 23 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 24 25 Should any Party inadvertently produce a document that such Party later 26 claims should not have been produced because of privilege, such Party may request 27 the return or destruction of any such document within ten (10) business days of 1 redacting the privileged content). A request for the return of any document shall 2 identify the document by Bates number or other means sufficient to identify it with 3 particularity, the privilege asserted, the basis for asserting that the specific document 4 (or portions thereof) is subject to the attorney-client privilege, the work-product 5 immunity doctrine, or any other applicable privilege or immunity and the date of 6 discovery that the document was inadvertently produced. If the Producing Party 7 requests the return of any document pursuant to this paragraph, and the Receiving 8 Party does not contest the claim, the Receiving Party to whom the request is made 9 shall within five (5) business days return or destroy all copies of the document 10 within its possession, custody or control, and shall make reasonable effort to obtain 11 the return or destruction of all copies in the possession of experts, consultants or 12 other persons herein to whom the document was provided. In the event that only 13 portions of the document contain privileged subject matter, the Producing Party 14 shall substitute a redacted version of the document at the time of making the request 15 for return or destruction of the inadvertently produced document. In the event the 16 Receiving Party contests the claim of privilege, the Parties shall meet and confer. 17 Absent resolution, the Producing Party shall file a motion within ten (10) business 18 days after the meet and confer to obtain a Court determination as to whether or not 19 the document is privileged. If the Receiving Party contests the claim of privilege, 20 the document shall be treated as privileged by the Receiving Party and all other 21 persons to whom the document was provided until such time as there is a final Court 22 order on the motion claiming the privilege. This Order shall be interpreted to 23 provide the maximum protection allowed by Federal Rule of Evidence 502(d). 24 14. MISCELLANEOUS 25 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 26 person to seek its modification by the Court in the future. 27 14.2 Right to Assert Other Objections. By stipulating to the entry of this 1 Protective Order, no Party waives any right it otherwise would have to object to 2 disclosing or producing any information or item on any ground not addressed in this 3 Stipulated Protective Order. Similarly, no Party waives any right to object on any 4 ground to use in evidence of any of the material covered by this Protective Order. 5 14.3 Filing Protected Material. A Party that seeks to file under seal any 6 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 7 only be filed under seal pursuant to a court order authorizing the sealing of the 8 specific Protected Material at issue. If a Party’s request to file Protected Material 9 under seal is denied by the court, then the Receiving Party may file the information 10 in the public record unless otherwise instructed by the court. 11 15. FINAL DISPOSITION 12 Within 60 days after the final disposition of this Action, as defined in 13 paragraph 6, each Receiving Party must return all Protected Material to the 14 Producing Party or destroy such material. As used in this subdivision, “all Protected 15 Material” includes all copies, abstracts, compilations, summaries, and any other 16 format reproducing or capturing any of the Protected Material. Whether the 17 Protected Material is returned or destroyed, the Receiving Party must submit a 18 written certification to the Producing Party (and, if not the same person or entity, to 19 the Designating Party) by the 60-day deadline that (1) identifies (by category, where 20 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 21 that the Receiving Party has not retained any copies, abstracts, compilations, 22 summaries or any other format reproducing or capturing any of the Protected 23 Material. Notwithstanding this provision, Outside Counsel of Record are entitled to 24 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 25 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 26 reports, attorney work product, and consultant and expert work product, even if such 27 materials contain Protected Material. Any such archival copies that contain or 1 |} constitute Protected Material remain subject to this Protective Order as set forth in 2 || Section 6 (DURATION). 3 16. VIOLATION 4 Any violation of this Order may be punished by appropriate measures 5 || including, without limitation, contempt proceedings and/or monetary sanctions. 6 7 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 8 9 || DATED: November 23, 2021 10 11 f i Ke AL J D. EARLY 3 ited States Magistrate Judge

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], 4 of 5 [print or type full address], declare under penalty of perjury that I have read in its 6 entirety and understand the Stipulated Protective Order that was issued by the United 7 States District Court for the Central District of California on 8 [date] in the case of Guangzhou Yucheng Trading Co., Ltd. v. dbest products, Inc.; 9 Case No. 2:21-cv-04758-JVS-JDE. 10 I agree to comply with and to be bound by all the terms of this Stipulated Protective 11 Order and I understand and acknowledge that failure to so comply could expose me 12 to sanctions and punishment in the nature of contempt. I solemnly promise that I 13 will not disclose in any manner any information or item that is subject to this 14 Stipulated Protective Order to any person or entity except in strict compliance with 15 the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court for the 17 Central District of California for enforcing the terms of this Stipulated Protective 18 Order, even if such enforcement proceedings occur after termination of this action. I 19 hereby appoint [print or type full name] 20 of [print or type full 21 address and telephone number] as my California agent for service of process in 22 connection with this action or any proceedings related to enforcement of this 23 Stipulated Protective Order. 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 Printed name: _______________________________ 27 Signature: __________________________________ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27