Case 2:21-cv-05560-DSF-JC Document 36 Filed 05/11/22 Page 1 of 21 Page ID #:228

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8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 10

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12 VAMPIRE FAMILY BRANDS, LLC ) CASE NO. 2:21-cv-05560-DSF-JC 13 ) ) 14 Plaintiff, ) ) H onorable Jacqueline Chooljian 15 vs. ) ) STIPULATED PROTECTIVE 16 RIGO TRADING, S.A., HARIBO OF ) ORDER AMERICA, INC, et al, ) 17 ) ) 18 Defendants. ) ) 19 and RELATED COUNTERCLAIM ) ) 20 ) ) 21 22 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Local Rule 23 79-5, and the Court’s publically available Procedures and Scheduels, the Court, 24 having considered the Stipulation for Entry of the Protectve Order filed by the 25 parties, finds: 26 1. A. Purposes and Limitations 27 As the parties have represented that discovery in this action is likely to 28 involve production of confidential, proprietary, or private information for which

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special protection from public disclosure and from use for any purpose other than 1 2 prosecuting this litigation may be warranted, this Court enters the following 3 Protective Order. This Order does not confer blanket protections on all disclosures 4 or responses to discovery. The protection it affords from public disclosure and use 5 extends only to the limited information or items that are entitled to confidential 6 treatment under the applicable legal principles. Further, as set forth in Section 12.3, 7 below, this Protective Order does not entitle the parties to file confidential 8 information under seal. Rather, when the parties seek permission from the court to 9 file material under seal, the parties must comply with Civil Local Rule 79-5 and 10 with any pertinent orders of the assigned District Judge and Magistrate Judge. 11 B. Good Cause Statement 12 Resolution of the claims set forth in the Complaint will likely require 13 analysis of marketing information, non-public pricing and sales information, vendor 14 and manufacturer information, identification of customers, sales transactions and 15 business relationships with third parties, and information otherwise generally 16 unavailable to the public, or which may be privileged or otherwise protected from 17 disclosure under obligations to third parties, state or federal statutes, court rules, 18 case decisions, or common law. 19 Accordingly, to (i) expedite the flow of information, (ii) facilitate the prompt 20 resolution of disputes over confidentiality of discovery materials, (iii) adequately 21 protect information the parties are entitled to keep confidential, (iv) ensure that the 22 parties are permitted reasonable necessary uses of such material in preparation for 23 and in the conduct of trial, (v) address their handling at the end of the litigation, and 24 (vi) serve the ends of justice, the parties believe that a protective order for such 25 information is justified in this matter. The parties shall not designate any 26 information/documents as confidential without a good faith belief that such 27 information/documents have been maintained in a confidential, non-public manner, 28

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and that there is good cause or a compelling reason why it should not be part of the 1 2 public record of this case. 3 2. Definitions 4 2.1. Action: this pending action, Case 2:21-cv-05560-DSF-JC. 5 2.2. Challenging Party: a Party or Non-Party that challenges the 6 designation of information or items under this Order. 7 2.3. “CONFIDENTIAL” Information or Items: information 8 (regardless of how it is generated, stored or maintained) or tangible things 9 that (i) a producing party uses in, or pertaining to, its business and which is 10 not generally known, nor would be revealed to third parties without a 11 requirement that such information be maintained in confidence, (ii) 12 constitutes, reflects or discloses a “trade secret” as that term is defined in 13 California Civil Code section 3426.1 or other confidential research, 14 development, or commercial information within the scope of Rule 15 26(c)(1)(G) of the Federal Rules of Civil Procedure, the disclosure of which 16 the Producing Party reasonably believes could cause harm to the business 17 operations of the Producing Party or provide an improper business or 18 commercial advantage to others, or (iii) is protected by a right of privacy 19 under federal or state law or any other applicable privilege or right related to 20 confidentiality or privacy. 21 2.4. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 22 ONLY” Information or Items: extremely sensitive “CONFIDENTIAL” 23 information or items, the disclosure of which to another Party or Non-Party 24 would create a substantial risk of serious injury to the Producing Party that 25 could not be avoided by less restrictive means. Documents and information 26 27 in one or more of the following categories may qualify for this designation: (i) non-public technical information, including research notes and materials; 28

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(ii) detailed non-public financial information (iii) customer lists; (iv) business 1 2 and/or marketing plans; (v) price lists and/or pricing information not 3 disclosed to the general public; and (vi) license agreements. 4 2.5. Counsel: Outside Counsel of Record and In-House Counsel (as 5 well as their support staff). 6 2.6. Designating Party: a Party or Non-Party that designates 7 information or items that it produces in disclosures or in responses to 8 discovery as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 9 ATTORNEYS’ EYES ONLY”. 10 2.7. Disclosure or Discovery Material: all items or information, 11 regardless of the medium or manner in which it is generated, stored, or 12 maintained (including, among other things, testimony, transcripts, and 13 tangible things), that are produced or generated in disclosures or responses to 14 discovery in this matter. 15 2.8. Expert: a person with specialized knowledge or experience in a 16 matter pertinent to the litigation who has been retained by a Party or its 17 counsel to serve as an expert witness or as a consultant in this Action. 18 2.9. In-House Counsel: attorneys who are employees and/or owners 19 of a party to this Action. For specificity, In-House Counsel includes Michael 20 Machat, owner of Plaintiff. In the case of Defendants, In-House counsel 21 shall include in-house counsel for Haribo of America, Inc., RiGO Trading, 22 S.A., as well as Defendants’ parent company, HARIBO Holding GmbH & 23 Co. KG. “In-House Counsel” does not include Outside Counsel of Record or 24 any other outside counsel. 25 2.10. Non-Party: any natural person, partnership, corporation, 26 association, or other legal entity not named as a Party to this action. 27 28

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2.11. Outside Counsel of Record: attorneys who are not employees 1 2 and/or owners of a party to this Action but are retained to represent or advise 3 a party to this Action and have appeared in this Action on behalf of that party 4 or are affiliated with a law firm which has appeared on behalf of that party, 5 including support staff. 6 2.12. Party: any party to this Action, including all of its officers, 7 directors, employees, consultants, retained experts, and Outside Counsel of 8 Record (and their support staffs). 9 2.13. Producing Party: a Party or Non-Party that produces 10 Disclosure or Discovery Material in this Action. 11 2.14. Professional Vendors: persons or entities that provide litigation 12 support services (e.g., photocopying, transcribing, videotaping, translating, 13 preparing exhibits or demonstrations, and organizing, storing, or retrieving 14 data in any form or medium) and their employees and subcontractors. 15 2.15. Protected Material: any Disclosure or Discovery Material that 16 is designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 17 ATTORNEYS’ EYES ONLY”. 18 2.16. Receiving Party: a Party that receives Disclosure or Discovery 19 Material from a Producing Party. 20 3. Scope 21 The protections conferred by this Stipulated Protective 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 deposition testimony, 25 conversations, or presentations by Parties or their Counsel that might reveal 26 Protected Material, other than during a court hearing or at trial. However, the 27 protections conferred by this Order do not cover the following information: (a) any 28

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information that is in the public domain at the time of disclosure to a Receiving 1 2 Party or becomes part of the public domain after its disclosure to a Receiving Party 3 as a result of publication not involving a violation of this Order, including 4 becoming part of the public record through trial or otherwise; and (b) any 5 information known to the Receiving Party prior to the disclosure or obtained by the 6 Receiving Party after the disclosure from a source who obtained the information 7 lawfully and under no obligation of confidentiality to the Designating Party. 8 Any use of Protected Material during a court hearing or at trial shall be 9 governed by the orders of the presiding judge. This Order does not govern the use 10 of Protected Material during a court hearing or at trial. 11 4. Duration 12 Even after final disposition of this litigation, the confidentiality obligations 13 imposed by this Order shall remain in effect until a Designating Party agrees 14 otherwise in writing or a court order directs otherwise. Final disposition shall be 15 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 16 with or without prejudice; and (2) final judgment herein after the completion and 17 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 18 including the time limits for filing any motions or applications for extension of time 19 pursuant to applicable law. 20 Once a case proceeds to trial, information that was designated as 21 CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY, 22 or maintained pursuant to this protective order, that is used or introduced as an 23 exhibit at trial becomes public and will be presumptively available to all members 24 of the public, including the press, unless compelling reasons supported by specific 25 factual findings to proceed otherwise are made to the trial judge in advance of the 26 trial. See Kamakana v. City and County of Honolulu,

(9th 27 Cir. 2006) (distinguishing “good cause” showing for sealing documents produced 28

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in discovery from “compelling reasons” standard when merits-related documents 1 2 are part of court record). Accordingly, for such materials, the terms of this 3 protective order do not extend beyond the commencement of the trial. 4 5. Designating Protected Material 5 5.1. Exercise of Restraint and Care in Designating Material for 6 Protection. Each Party or Non-Party that designates information or items for 7 protection under this Order must take care to limit any such designation to 8 specific material that qualifies under the appropriate standards. The 9 Designating Party must designate for protection only those parts of material, 10 documents, items, or oral or written communications that qualify so that 11 other portions of the material, documents, items, or communications for 12 which protection is not warranted are not swept unjustifiably within the 13 ambit of this Order. 14 Designations with a higher confidentiality level when a lower level 15 would suffice are prohibited. Mass, indiscriminate, or routinized designations 16 are also prohibited. Designations that are shown to be clearly unjustified or 17 that have been made for an improper purpose (e.g., to unnecessarily 18 encumber or slow down the case development process or to impose 19 unnecessary expenses and burdens on another Party) may expose the 20 Designating Party to sanctions. 21 If it comes to a Designating Party’s attention that information or items 22 that it designated for protection do not qualify for protection, that 23 Designating Party must promptly notify all other Parties that it is 24 withdrawing the inapplicable designation. 25 5.2. Manner and Timing of Designations. Except as otherwise 26 provided in this Order (see, e.g., second paragraph of Section 5.2(a) below), 27 or as otherwise stipulated or ordered, Disclosure or Discovery Material that 28

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qualifies for protection under this Order must be clearly so designated before, 1 2 or at, the time the material is disclosed or produced. 3 Designation in conformity with this Order requires: 4 (a) for information in documentary form (e.g., paper or 5 electronic documents, but excluding transcripts of depositions), that 6 the Producing Party affix at a minimum, the legend 7 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 8 ATTORNEYS’ EYES ONLY” (both, hereinafter a 9 “CONFIDENTIALITY legend”), as the case may be, to each page that 10 contains Protected Material. If only a portion or portions of the 11 material on a page qualifies for protection, the Producing Party also 12 must clearly identify the protected portion(s) (e.g., by making 13 appropriate markings in the margins) and must specify for each portion 14 the level of protection being asserted. 15 A Party or Non-Party that makes original documents available 16 for inspection need not designate them for protection until after the 17 inspecting Party has indicated which documents it would like copied 18 and produced. During the inspection and before the designation, all of 19 the material made available for inspection shall be deemed 20 CONFIDENTIAL. After the inspecting Party has identified the 21 documents it wants copied and produced, the Producing Party must 22 determine which documents, or portions thereof, qualify for protection 23 under this Order. Then, before producing the specified documents, the 24 Producing Party must affix the appropriate “CONFIDENTIALITY 25 legend” to each page that contains Protected Material. If only a portion 26 or portions of the material on a page qualifies for protection, the 27 Producing Party also must clearly identify the protected portion(s) 28

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(e.g., by making appropriate markings in the margins) and must 1 2 specify for each portion the level of protection being asserted. 3 (b) for testimony given in depositions that the Designating Party 4 identifies on the record before the close of the deposition as Protected 5 Material and specify the level of protection being asserted. When it is 6 impractical to identify separately each portion of testimony that is 7 entitled to protection and it appears that substantial portions of the 8 testimony may qualify for protection, the Designating Party may 9 invoke on the record (before the deposition is concluded) a right to 10 have up to 14 days to identify the specific portions of the testimony as 11 to which protection is sought and to specify the level of protection 12 being asserted. Only those portions of the testimony that are 13 appropriately designated for protection within the 14 days shall be 14 covered by the provisions of this Stipulated Protective Order. Any 15 transcript that is prepared before the expiration of a 14-day period for 16 designation shall be treated during that period as if it had been 17 designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 18 ONLY” in its entirety unless otherwise agreed. After the expiration of 19 that period, the transcript shall be treated only as actually designated. 20 (c) for information produced in some form other than 21 documentary and for any other tangible items, that the Producing Party 22 affix in a prominent place on the exterior of the container or containers 23 in which the information is stored the appropriate 24 CONFIDENTIALITY legend. If only a portion or portions of the 25 information warrants protection, the Producing Party, to the extent 26 practicable, shall identify the protected portion(s). 27 28

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5.3. Inadvertent Failures to Designate. If timely corrected, an 1 2 inadvertent failure to designate qualified information or items does not, 3 standing alone, waive the Designating Party’s right to secure protection 4 under this Order for such material. Upon timely correction of a designation, 5 the Receiving Party must make reasonable efforts to assure that the material 6 is treated in accordance with the provisions of this Order. 7 5.4. Use of Exhibits/Deposition Pages With Protected Material to 8 Be Separately Bound. The use of a document as an exhibit at a deposition 9 shall not affect its designation. Transcripts containing Designated Material 10 shall bear a statement on the cover page noting that the transcript contains 11 Protected Material and the pages containing Protected Material shall be 12 bound separately from the remaining portion of the deposition transcript. The 13 Parties are jointly responsible for informing the court reporter of this 14 requirement. 15 6. Challenging Confidentiality Designations 16 6.1. Timing of Challenges. Any Party or Non-Party may challenge 17 a designation of confidentiality at any time that is consistent with the Court’s 18 Scheduling Order. 19 6.2. Meet and Confer. The Challenging Party shall initiate the 20 dispute resolution process under Local Rule 37.1 et seq. 21 6.3. The burden of persuasion in any such challenge shall be on the 22 Designating Party. Frivolous challenges, and those made for an improper 23 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 24 parties) may expose the Challenging Party to sanctions. Unless the 25 Designating Party has waived or withdrawn the confidentiality designation, 26 all parties shall continue to afford the material in question the level of 27 28

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protection to which it is entitled under the Producing Party’s designation 1 2 until the Court rules on the challenge. 3 6.4. No Obligation to Challenge. No party shall be obligated to 4 challenge the propriety of any designation, and the failure to do so shall not 5 preclude a subsequent challenge to the propriety of any such designation. 6 7. Access to and Use of Protected Material 7 7.1. Basic Principles. A Receiving Party may use Protected Material 8 that is disclosed or produced by another Party or by a Non-Party in 9 connection with this Action only for prosecuting, defending, or attempting to 10 settle this Action. Such Protected Material may be disclosed only to the 11 categories of persons and under the conditions described in this Order. When 12 the Action has been terminated, a Receiving Party must comply with the 13 provisions of Section 13 below (Final Disposition). Protected Material must 14 be stored and maintained by a Receiving Party at a location and in a secure 15 manner that ensures that access is limited to the persons authorized under this 16 Order. 17 7.2. Disclosure of “CONFIDENTIAL” Information or Items. 18 Unless otherwise ordered by the court or permitted in writing by the 19 Designating Party, a Receiving Party may disclose any information or item 20 designated “CONFIDENTIAL” only to: 21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 22 well as employees of said Outside Counsel of Record to whom it is 23 reasonably necessary to disclose the information for this Action; 24 (b) the officers, directors, and employees (including In-House 25 Counsel) of the Receiving Party to whom disclosure is reasonably necessary 26 for this Action and who have signed the “Acknowledgment and Agreement 27 to Be Bound” (Exhibit A) ; 28

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(c) Experts (as defined in this Order) of the Receiving Party to whom 1 2 disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 Vendors to whom disclosure is reasonably necessary for this Action and who 8 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 9 A); 10 (g) the author or recipient of a document containing the information or 11 a custodian or other person who otherwise possessed or knew the 12 information; and 13 (h) (1) a Designating Party or a Designating Party’s employees, 14 agents, or representatives during their depositions of (and their subsequent 15 review of the transcript by) and (2) witnesses, and attorneys for witnesses, in 16 the Action to whom disclosure is reasonably necessary provided the witness 17 signs the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and 18 (i) any mediator or settlement officer, and their supporting personnel, 19 mutually agreed upon by any of the parties engaged in settlement 20 discussions. 21 7.3. Disclosure of “HIGHLY CONFIDENTIAL – 22 ATTORNEYS’ EYES ONLY” Information or Items. Unless otherwise 23 ordered by the Court or permitted in writing or on the record by the 24 Designating Party, a Receiving Party may disclose any information or item 25 designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 26 only to: 27 28

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(a) the Receiving Party’s Outside Counsel of Record in this Action, as 1 2 well as employees of said Outside Counsel of Record to whom it is 3 reasonably necessary to disclose the information in connection with the 4 prosecution or defense of this Action; 5 (b) Experts (as defined in this Order) of the Receiving Party to whom 6 disclosure is reasonably necessary for this Action and who have signed the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (c) the Court and its personnel; 9 (d) court reporters and their staff; 10 (e) professional jury or trial consultants, mock jurors, and Professional 11 Vendors to whom disclosure is reasonably necessary for this Action and who 12 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 13 A); 14 (f) the author or recipient of a document containing the information or 15 a custodian or other person who otherwise possessed or knew the 16 information; 17 (g) a Designating Party or a Designating Party’s employee, agent, or 18 representative during their deposition (and their subsequent review of the 19 transcript); and 20 (h) any mediator or settlement officer, and their supporting personnel, 21 mutually agreed upon by any of the Parties engaged in settlement 22 discussions. 23 7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY 24 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to 25 Experts. 26 (a) A Receiving Party seeking to disclose to an Expert retained by 27 the Party any Disclosure or Discovery Material that has been designated 28

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HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY must first make 1 2 a written request to the Designating Party that (1) identifies the general 3 categories of HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY 4 information that the Receiving Party seeks permission to disclose to the 5 Expert, (2) sets forth the full name of the Expert and the city and state of his 6 or her primary residence, (3) attaches a copy of the Expert’s current resume, 7 (4) identifies the Expert’s current employer(s), (5) identifies each person or 8 entity from whom the Expert has received compensation or funding for work 9 in his or her areas of expertise (including in connection with litigation) in the 10 past five years, and (6) identifies (by name and number of the case, filing 11 date, and location of court) any litigation where the Expert has offered expert 12 testimony, including by declaration, report or testimony at deposition or trial, 13 in the past five years. If the Expert believes any of this information at (4) - 14 (6) is subject to a confidentiality obligation to a Non-Party, then the Expert 15 should provide whatever information the Expert believes can be disclosed 16 without violating any confidentiality agreements, and the Receiving Party 17 seeking to disclose the information to the Expert shall be available to meet 18 and confer with the Designating Party regarding any such confidentiality 19 obligations. 20 (b) A Party that makes a request and provides the information 21 specified in paragraphs 7.4(a) may disclose the Protected Material to the 22 Expert unless, within seven days of delivering the request, the Party receives 23 a written objection from the Designating Party providing detailed grounds for 24 the objection. 25 (c) All challenges to objections from the Designating Party shall 26 proceed in accordance with the dispute resolution process under Local Rule 27 37.1 et seq. 28

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8. Protected Material Subpoenaed or Ordered Produced in Other 1 2 Litigation 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 6 ONLY,” that Party must: 7 (a) promptly notify in writing the Designating Party, which notice shall 8 include a copy of the subpoena or court order, unless lawfully prohibited from 9 doing so; 10 (b) promptly notify in writing the party who caused the subpoena or order to 11 issue in the other litigation that some or all of the material covered by the subpoena 12 or order is subject to this Stipulated Protective Order, which notice shall include a 13 copy of this Stipulated Protective Order; and 14 (c) cooperate with respect to all reasonable procedures sought to be pursued 15 by the Designating Party whose Protected Material may be affected. 16 If the Designating Party timely seeks a protective order, the Party served with 17 the subpoena or court order shall not produce any information designated in this 18 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 19 EYES ONLY” before a determination by the court from which the subpoena or 20 order issued, unless the Party has obtained the Designating Party’s permission, or 21 unless otherwise required by the law or court order. The Designating Party shall 22 bear the burden and expense of seeking protection in that court of its confidential 23 material. 24 Nothing in this Section should be construed as authorizing or encouraging a 25 Receiving Party in this Action to disobey a lawful directive from another court. 26

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9. A Non-Party’s Protected Material Sought to be Producted in this 1 2 Litigation 3 (a) The terms of this Stipulated Protective Order are applicable to 4 information produced by a Non-Party in this Action and designated as 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 6 ONLY.” Such information produced by Non-Parties in connection with this 7 litigation is protected by the remedies and relief provided by this Order. Nothing in 8 these provisions should be construed as prohibiting a Non-Party from seeking 9 additional protections. 10 (b) In the event a Party is required, by a valid discovery request, to 11 produce a Non-Party’s confidential information in its possession, and the Party is 12 subject to an agreement with the Non-Party not to produce the Non-Party’s 13 confidential information, then the Party shall: 14 (1) promptly notify in writing the Requesting Party and the Non-Party that 15 some or all of the information requested is subject to a confidentiality agreement 16 with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of this Stipulated Protective 18 Order, the relevant discovery request(s), and a reasonably specific description of the 19 information requested; and 20 (3) make the information requested available for inspection by the Non- 21 Party, if requested. 22 (c) If a Non-Party represented by counsel fails to commence the process 23 called for by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the 24 notice and accompanying information or fails contemporaneously to notify the 25 Receiving Party that it has done so, the Receiving Party may produce the Non- 26 Party’s confidential information responsive to the discovery request. If an 27 unrepresented Non-Party fails to seek a protective order from this court within 14 28

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days of receiving the notice and accompanying information, the Receiving Party 1 2 may produce the Non-Party’s confidential information responsive to the discovery 3 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 4 not produce any information in its possession or control that is subject to the 5 confidentiality agreement with the Non-Party before a determination by the court 6 unless otherwise required by the law or court order. Absent a court order to the 7 contrary, the Non-Party shall bear the burden and expense of seeking protection in 8 this court of its Protected Material. 9 10. Unauthorized Disclosure of Designated Material 10 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 11 Protected Material to any person or in any circumstance not authorized under this 12 Stipulated Protective Order, the Receiving Party shall immediately (a) notify in 13 writing the Designating Party of the unauthorized disclosure(s), (b) use its best 14 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 15 person or persons to whom unauthorized disclosures were made of all the terms of 16 this Order, and (d) use reasonable efforts to have such person or persons execute the 17 Acknowledgment. 18 11. Inadvertent Production of Privileged Or Otherwise Protected 19 Material 20 When a Producing Party gives notice to Receiving Parties that certain 21 inadvertently produced material is subject to a claim of privilege or other 22 protection, the obligations of the Receiving Parties are those set forth in Federal 23 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 24 whatever procedure may be established in an e-discovery order that provides for 25 production without prior privilege review. Pursuant to Federal Rule of Evidence 26 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 27 of a communication or information covered by the attorney-client privilege or work 28

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product protection, the parties may incorporate their agreement into this Protective 1 2 Order. 3 12. Miscellaneous 4 12.1. Right to Further Relief. Nothing in this Order abridges the 5 right of any person to seek its modification by the Court in the future. 6 12.2. Right to Assert Other Objections. No Party waives any right 7 it otherwise would have to object to disclosing or producing any information 8 or item on any ground not addressed in this Protective Order. Similarly, no 9 Party waives any right to object on any ground to use in evidence of any of 10 the material covered by this Protective Order. 11 12.3. Filing Protected Material. A Party that seeks to file under 12 seal any Protected Material must comply with Civil Local Rule 79-5 and with 13 any pertinent orders of the assigned District Judge and Magistrate Judge. 14 Protected Material may only be filed under seal pursuant to a court order 15 authorizing the sealing of the specific Protected Material at issue. If a Party’s 16 request to file Protected Material under seal is denied by the court, then the 17 Receiving Party may file the information in the public record unless 18 otherwise instructed by the court. 19 13. Final Disposition. 20 After the final disposition of this Action, as defined in Section 4, within 60 21 days of a written request by the Designating Party, each Receiving Party must 22 return all Protected Material to the Producing Party or destroy such material. As 23 used in this subdivision, “all Protected Material” includes all copies, abstracts, 24 compilations, summaries, and any other format reproducing or capturing any of the 25 Protected Material. Whether the Protected Material is returned or destroyed, the 26 Receiving Party must submit a written certification to the Producing Party (and, if 27 not the same person or entity, to the Designating Party) by the 60 day deadline that 28

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(1) identifies (by category, where appropriate) all the Protected Material that was 1 2 returned or destroyed and (2) affirms that the Receiving Party has not retained any 3 copies, abstracts, compilations, summaries or any other format reproducing or 4 capturing any of the Protected Material. Notwithstanding this provision, Counsel 5 are entitled to retain an archival copy of all pleadings, motion papers, trial, 6 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 7 and trial exhibits, expert reports, attorney work product, and consultant and expert 8 work product, even if such materials contain Protected Material. Any such archival 9 copies that contain or constitute Protected Material remain subject to this Protective 10 Order as set forth in Section 4. 11 14. Attorney Advice. 12 Nothing in this Stipulated Protective Order bars or otherwise restricts an 13 attorney from rendering advice to his or her client with respect to this Action or 14 from relying upon or generally referring to “CONFIDENTIAL” or “HIGHLY 15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Disclosure or Discovery 16 Material in rendering such advice; provided however, that in rendering such advice 17 or in otherwise communicating with his or her client, the attorney shall not reveal or 18 disclose the specific content thereof, or to suggest or convey the content of such 19 CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY 20 material, unless such disclosure is permitted under this Order. 21 15. Party’s Own Information. 22 The restrictions on the use of Protected Material established by this Order are 23 applicable only to Protected Material received by a Party from another Party or 24 from a Non-Party. A Party is free to do whatever it desires with its own Protected 25 Material. 26 27 28

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16. Violation of Order. Any violation of this Order may be punished 1 2 by any and all appropriate measures including, without limitation, contempt 3 proceedings and/or monetary sanctions. 4 IT IS SO ORDERED.

5 DATED: May 11, 2022 6 ___________/s/______________ 7 Honorable Jacqueline Chooljian United States Magistrate Judge 8

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20 Case 2:21-cv-05560-DSF-JC Document 36 Filed 05/11/22 Page 21 of 21 Page ID #:248

1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2

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 Protective Order (the “Order”) 6 that was issued by the United States District Court for the Central District of 7 California on May 11, 2022 in the case of Vampire Family Brands, LLC v. RiGO 8 Trading, S.A. and Haribo of America, Inc., 2:21-cv-05560-DSF-JC. I agree to 9 comply with and to be bound by all the terms of this Protective Order, and I 10 understand and acknowledge that my failure to comply could expose me to 11 sanctions and punishment in the nature of contempt. I solemnly promise that I will 12 not disclose in any manner any information or item that is subject to this Protective 13 Order to any person or entity except in strict compliance with the provisions of this 14 Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Central District of California for the purpose of enforcing the terms of this 17 Protective Order, even if such enforcement proceedings occur after termination of 18 this action. 19 I hereby appoint __________________________ [print or type full name] of 20 21 _______________________________________ [print or type full address and 22 telephone number] as my California agent for service of process in connection with 23 this action or any proceedings related to enforcement of this Order. 24 City and State where sworn and signed: __________________________ 25 Printed Name: ____________________________________ 26 Signature: ____________________________________ 27 Dated: _______________________ 28