Mario Acquaviva v. GNC Holdings Inc et al
Filing
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PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich re Stipulated Protective Order 20 . See document for details. (yb)
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MANATT, PHELPS & PHILLIPS, LLP
ROBERT H. PLATT (Bar No. 108533)
E-mail: rplatt@manatt.com
BRUCE B. KELSON (Bar No. 202441)
E-mail: bkelson@manatt.com
ADRIANNE E. MARSHACK (Bar No. 253682)
E-mail: amarshack@manatt.com
11355 West Olympic Boulevard
Los Angeles, CA 90064-1614
Telephone: (310) 312-4000
Facsimile: (310) 312-4224
Attorneys for Defendants
GNC HOLDINGS, INC., GENERAL NUTRITION
CENTERS, INC., CELLUCOR (erroneously sued
as Cellucor Sports Nutrition), WOODBOLT
DISTRIBUTION, LLC (erroneously sued as
Woodbolt Distribution, Ltd.), WOODBOLT
MANAGEMENT, LLC and WOODBOLT
INTERNATIONAL
FARUQI & FARUQI LLP
David E. Bower (Bar No. 119546)
E-mail: dbower@faruqilaw.com
10866 Wilshire Blvd., Suite 1470
Los Angeles, CA 90024
Telephone: (424) 256-2884
Facsimile: (424) 256-2885
Attorneys for Plaintiff
MARIO ACQUAVIVA
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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MARIO ACQUAVIVA, on Gehalf of
Himself and All Others Similarly
Situated,
No. CV12-2542 ODW (AJWx)
Plaintiff,
STIPULATED PROTECTIVE
ORDER
v.
Hon. Otis D. Wright II
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GNC HOLDINGS, INC., GENERAL
NUTRITION CENTERS, INC.,
Complaint served: March 30, 2012
CELLUCOR SPORTS NUTRITION,
Current response date: April 20, 2012
WOODBOLT DISTRIBUTION, LLC, New response date: May 18, 2012
WOODBOLT DISTRIBUTION, LTD.,
WOODBOLT MANAGEMENT, LLC
and WOODBOLT
INTERNATIONAL,
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Defendants.
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
CV12-2542
STIPULATED PROTECTIVE ORDER
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The parties to this action, through their counsel of record, have stipulated and
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agreed that an order under Federal Rule of Civil Procedure 26(c) is necessary and
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useful to protect the confidentiality of documents and other information obtained in
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the course of discovery in this action, and have stipulated and agreed to be bound
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by the terms of this Protective Order (“Protective Order”).
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The materials to be exchanged in the course of this litigation may contain
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confidential information including but not limited to trade secret or other
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confidential research, marketing, financial or other commercial information. The
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purpose of this Protective Order is to protect the confidentiality of such materials
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during the litigation.
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DEFINITIONS
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1.
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information disclosed in this litigation, regardless of the medium or manner in
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which it is generated, stored, maintained, or produced (including, among other
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things, testimony, transcripts, documents and other tangible things), which is
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deemed by a party to this case to constitute trade secret, proprietary, or sensitive
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information, including but not limited to financial data, research and development
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information; customer and supplier information; company personnel information;
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marketing strategies and information; strategic business information (including but
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not limited to business plans, forecasts, cost information, or logistical information);
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and any other information that affords the producing party in this litigation an
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actual or potential economic advantage over others.
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2.
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other attorneys, paralegals, secretaries, and other support staff employed in the
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following law firms: Manatt, Phelps & Phillips, LLP; Collins, McDonald & Gann,
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PC; and Faruqi & Faruqi, LLP.
The term “Confidential Information” shall mean and include any
The term “Outside Counsel” shall mean outside counsel of record, and
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
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CV12-2542
STIPULATED PROTECTIVE ORDER
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DESIGNATION
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3.
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“CONFIDENTIAL” or “CONFIDENTIAL - FOR COUNSEL ONLY” if, in the
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good faith belief of such party and its counsel, the materials fall within the
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Confidential Information definition herein and the disclosure of such information
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(including, in the case of “CONFIDENTIAL - FOR COUNSEL ONLY,” disclosure
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to anyone other than Outside Counsel) could be prejudicial to the business or
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operations of such party, or would violate court orders and/or confidentiality
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restrictions involving parties not involved in this litigation.
Each party to this litigation may designate information as
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4.
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COUNSEL ONLY,” the producing party must mark each page of the document
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with the appropriate designation before producing it. However, for documents
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produced by another party or a non-party, or court transcripts, or any documents
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produced prior to entry of this Protective Order, a party can assert confidentiality
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through correspondence to all other parties that specifically identifies each
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document that will receive a confidentiality designation.
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5.
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the record during the deposition whenever possible. A party may also designate
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such testimony and exhibits after transcription of the proceedings; a party shall
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have until twenty (20) days after receipt of the deposition transcript to inform the
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other party or parties of the portions of the transcript so designated.
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6.
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said deposition, during such time as the Confidential Information is to be disclosed,
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any person other than the deponent, Outside Counsel (including their staff and
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associates), the court reporter, the videographer, and the person(s) agreed upon
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pursuant to paragraph 10 below.
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7.
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“CONFIDENTIAL - FOR COUNSEL ONLY” shall extend to all copies, excerpts,
M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
To designate as “CONFIDENTIAL” or “CONFIDENTIAL - FOR
Deposition testimony and/or deposition exhibits shall be designated on
The disclosing party shall have the right to exclude from attendance at
Designation of Confidential Information as “CONFIDENTIAL” or
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CV12-2542
STIPULATED PROTECTIVE ORDER
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data, summaries, and compilations derived from such Confidential Information, as
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well as any testimony, conversations, or presentations by the parties hereto or their
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counsel that discloses such Confidential Information.
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8.
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Information without designating it in accordance with this Protective Order, the
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designating party may give written notice to the receiving party[ies] that the
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information produced is deemed “CONFIDENTIAL” or “CONFIDENTIAL - FOR
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COUNSEL ONLY” and should be treated in accordance with that designation
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under this Protective Order. Upon receipt of such notice, the receiving party must
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treat the Confidential Information as designated hereunder. If the receiving party
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has already in good faith disclosed the information before receiving such notice, the
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receiving party shall have no liability for such good faith disclosure, but shall notify
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the designating party in writing of each such disclosure. Counsel for the parties
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shall agree on a mutually acceptable manner of labeling or marking the
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inadvertently produced materials as “CONFIDENTIAL” or “CONFIDENTIAL -
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FOR COUNSEL ONLY.”
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If a party, through inadvertence, produces any Confidential
ACCESS AND USE OF PROTECTED MATERIAL
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9.
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“CONFIDENTIAL - FOR COUNSEL ONLY” shall not be disclosed by the
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receiving party to anyone other than those persons designated herein and shall be
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used solely in connection with this litigation, and not for any other purpose,
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including any business or competitive purpose or function.
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10.
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shall be viewed only by (a) Outside Counsel; (b) in-house counsel; (c) outside
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experts or consultants retained for purposes of this litigation, in accordance with the
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provisions of paragraph 12; (d) court reporters and videographers in connection
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with transcribing or recording a deposition or hearing; (e) the Court and its
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personnel; and (f) the jury.
M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
All Confidential Information designated as “CONFIDENTIAL” or
Information designated “CONFIDENTIAL - FOR COUNSEL ONLY”
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CV12-2542
STIPULATED PROTECTIVE ORDER
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11.
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those persons designated in paragraph 10 above, and by the parties (or employees
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thereof), provided each such party or employee of a party has read this Protective
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Order in advance of disclosure and has agreed in writing, by executing an
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Acknowledgment in the form attached hereto as Exhibit “A,” to be bound by its
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terms.
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12.
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designated “CONFIDENTIAL” or “CONFIDENTIAL - FOR COUNSEL ONLY”
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shall be conditioned on the expert’s prior execution of an Acknowledgment in the
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form attached hereto as Exhibit “A.” Notwithstanding the foregoing, any expert or
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consultant who works for a competitor of the producing party may not receive
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Confidential Information of that party.
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document designated “CONFIDENTIAL” or “CONFIDENTIAL - FOR
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COUNSEL ONLY” to any person indicated on the face of the document to be its
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originator, author or recipient.
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14.
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shall maintain it in a manner which ensures that access is limited to persons entitled
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to receive it under this Protective Order. If such Confidential Information is
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disclosed to any person other than a person authorized by this Protective Order, the
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party responsible for the unauthorized disclosure must immediately bring all
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pertinent facts relating to the unauthorized disclosure to the attention of the other
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parties and, without prejudice to any rights and remedies of the other parties, make
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every effort to prevent further disclosure by the party and by the person(s) receiving
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the unauthorized disclosure.
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Information designated “CONFIDENTIAL” shall be viewed only by
The right of any expert or consultant to receive any information
Nothing herein shall prohibit a party, or its counsel, from disclosing a
Each person receiving Confidential Information designated hereunder
CHALLENGING DESIGNATION
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15.
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designation of information as “CONFIDENTIAL” or “CONFIDENTIAL - FOR
M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
At any stage of these proceedings, any party may object to a
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CV12-2542
STIPULATED PROTECTIVE ORDER
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COUNSEL ONLY.” The party objecting to confidentiality shall notify counsel for
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the designating party in writing of the objected-to materials and the grounds for the
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objection. The parties shall first make a good faith effort to resolve the objection
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informally. If the dispute is not resolved within ten (10) business days of receipt of
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such a notice of objections, the objecting party may file a motion with the Court.
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Until the Court rules on the motion (or the matter is resolved between the parties),
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the materials at issue shall be treated as Confidential Information as designated by
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the designating party.
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FILING UNDER SEAL
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16.
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evidentiary material designated as “CONFIDENTIAL” or “CONFIDENTIAL -
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FOR COUNSEL ONLY” shall seek permission of the Court to file such documents
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or other material under seal in accordance with Local Rule 79-5.1. A motion to file
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under seal shall be served on all parties, and the documents or other materials in
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question shall be lodged with the Court conditionally under seal.
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Any party seeking to file with the Court any documents or other
ADDITIONAL PROVISIONS
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17.
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production of any discovery material on the grounds permitted by the Federal Rules
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of Civil Procedure, including that the material is protected as attorney-client
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privileged or attorney work product.
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18.
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Information designated hereunder if such disclosure is required by law or by order
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of the Court. In the event that such disclosure is required, the party or other person
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who is obligated to disclose shall promptly upon receipt of the order or other
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process requiring the disclosure notify the party who designated the Confidential
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Information.
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19.
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counsel for each party shall, upon request of the producing party, return all
M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
Nothing herein shall prejudice the right of any party to object to the
Nothing herein shall be construed to prevent disclosure of Confidential
Upon final termination of this action, including any and all appeals,
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CV12-2542
STIPULATED PROTECTIVE ORDER
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Confidential Information to the party that produced the information, including any
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copies, excerpts, and summaries thereof, or shall destroy same at the option of the
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receiving party, and shall purge all such information from all machine-readable
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media on which it resides. Notwithstanding the foregoing, counsel for each party
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may retain all pleadings, briefs, memoranda, motions, and other documents filed
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with the Court that refer to or incorporate Confidential Information, and will
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continue to be bound by this Protective Order with respect to all such retained
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information. Further, attorney work product materials that contain Confidential
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Information need not be destroyed or returned, but, if they are not destroyed, the
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person in possession of the attorney work product will continue to be bound by this
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Protective Order with respect to all such retained information.
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20.
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information that: (a) the parties agree should not be designated Confidential
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Information; (b) is already public knowledge; (c) has become public knowledge
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other than as a result of disclosure by the receiving party, its employees, or its
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agents in violation of this Protective Order; or (d) has come or shall come into the
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receiving party’s knowledge lawfully and independently of the production by the
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designating party.
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this action, and shall continue to be binding after the conclusion of this action
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unless subsequently modified by agreement of the parties or further order of this
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Court. For the purposes of enforcing this Protective Order and resolving any
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disputes thereunder, the Court retains jurisdiction over the parties and all persons
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provided access to Confidential Information under the terms of this Protective
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Order.
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22.
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this Protective Order is violated in any manner, all persons and entities who commit
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such violations are subject to any and all monetary and other sanctions as the Court,
M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
The restrictions and obligations set forth herein shall not apply to any
All provisions of this Protective Order shall survive the conclusion of
All persons bound by this Protective Order are hereby notified that if
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CV12-2542
STIPULATED PROTECTIVE ORDER
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after a hearing, deems to be just.
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Order for good cause, or in the interest of justice, or on its own order at any time in
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these proceedings. Additionally, this Protective Order may be modified by
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agreement of the parties, subject to approval by the Court.
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any Confidential Information hereunder, shall also apply to and bind any party who
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appears in this action subsequent to the entry of this Protective Order.
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25.
The Court may modify the terms and conditions of this Protective
The terms and provisions of this Protective Order, and designation of
The terms and provisions of this Protective Order shall be binding on
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the parties as a confidentiality agreement regardless of whether the Court ultimately
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enters it as an Order.
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IT IS SO STIPULATED.
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Dated:
April 17, 2012
MANATT, PHELPS & PHILLIPS, LLP
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By: /s/ Adrianne E. Marshack
Adrianne E. Marshack
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Attorneys for Defendants
GNC HOLDINGS, INC., GENERAL
NUTRITION CENTERS, INC., CELLUCOR
(erroneously sued as Cellucor Sports Nutrition),
WOODBOLT DISTRIBUTION,
LLC(erroneously sued as Woodbolt Distribution,
Ltd.), WOODBOLT MANAGEMENT, LLC and
WOODBOLT INTERNATIONAL
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Dated:
April _17, 2012
FARUQI & FARUQI LLP
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By: /s/ Anthony Vozzolo
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Attorneys for Plaintiff
MARIO ACQUAVIVA
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
7
CV12-2542
STIPULATED PROTECTIVE ORDER
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For good cause shown, the Court GRANTS the parties’ Stipulated Protective
Order.
IT IS SO ORDERED.
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Dated: May 8 , 2012
/s/
The Honorable Andrew J. Wistrich
United States Magistrate Judge
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
8
CV12-2542
STIPULATED PROTECTIVE ORDER
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EXHIBIT A
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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MARIO ACQUAVIVA, on Gehalf of
Himself and All Others Similarly
Situated,
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Plaintiff,
v.
No. CV12-2542 MMM (FFMx)
Hon. Margaret M. Morrow
AGREEMENT TO BE BOUND BY
PROTECTIVE ORDER
GNC HOLDINGS, INC., GENERAL
NUTRITION CENTERS, INC.,
CELLUCOR SPORTS NUTRITION,
WOODBOLT DISTRIBUTION, LLC,
WOODBOLT DISTRIBUTION, LTD.,
WOODBOLT MANAGEMENT, LLC
and WOODBOLT
INTERNATIONAL,
Defendants.
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
CV12-2542
STIPULATED PROTECTIVE ORDER
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I,
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1.
, declare and say that:
I am employed as
by
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.
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2.
I have read and understood the Protective Order entered in the above-
entitled cases, and have received a copy of the Protective Order.
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3.
I promise that I will use any and all “Confidential” or “Confidential -
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For Counsel Only” information, as defined in the Protective Order, given to me
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only in a manner authorized by the Protective Order, and only to assist Outside
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Counsel in the litigation of this matter.
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4.
I promise that I will not disclose or discuss such “Confidential” or
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“Confidential - For Counsel Only” information with anyone other than the persons
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with whom I am permitted to discuss such information, as designated, under the
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terms of the Protective Order.
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5.
I acknowledge that, by signing this agreement, I am subjecting myself
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to the jurisdiction of the United States District Court for the Central District of
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California, and all courts in which appeals may be filed in these actions, with
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respect to enforcement of the Protective Order.
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6.
I understand that any disclosure or use of “Confidential” or
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“Confidential - For Counsel Only” information in any manner contrary to the
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provisions of the Protective Order may subject me to sanctions for contempt of
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court.
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I declare under penalty of perjury under the laws of the United States
of America that the foregoing is true and correct.
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Dated: ________
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES
302065105
1
CV12-2542
STIPULATED PROTECTIVE ORDER
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