InfoKorea, Inc. v. MBC America Holdings, Inc. et al, No. 2:2016cv06480 - Document 50 (C.D. Cal. 2017)

Court Description: ORDER GRANTING JOINT STIPULATED PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson. 49 (SEE ORDER FOR FURTHER INFORMATION) (gr)

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InfoKorea, Inc. v. MBC America Holdings, Inc. et al Doc. 50 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 10 11 INFOKOREA, INC., a California corporation, 12 13 14 15 16 Plaintiff, vs. Case No.: 2:16-cv-06480-CAS-KS [PROPOSED] STIPULATED PROTECTIVE ORDER MBC AMERICA HOLDINGS, INC., a California corporation, et al., Defendants 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] STIPULATED PROTECTIVE ORDER Dockets.Justia.com Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and 1 2 based on the parties’ Proposed Stipulated Protective Order (“Stipulation”) 3 filed on October 26, 2017, the terms of the protective order to which the 4 parties have agreed are adopted as a protective order of this Court (which 5 generally shall govern the pretrial phase of this action) except to the extent, as 6 set forth below, that those terms have been modified by the Court’s 7 amendment of paragraph 7.3(i) of the Stipulation. 8 9 AGREED TERMS OF THE PROTECTIVE ORDER AS ADOPTED AND 10 MODIFIED BY THE COURT1 11 12 1. A. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, 13 14 proprietary, or private information for which special protection from public 15 disclosure and from use for any purpose other than prosecuting this litigation may 16 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 17 enter the following Stipulated Protective Order. The parties acknowledge that this 18 Order does not confer blanket protections on all disclosures or responses to 19 discovery and that the protection it affords from public disclosure and use extends 20 only to the limited information or items that are entitled to confidential treatment 21 under the applicable legal principles. The parties further acknowledge, as set forth 22 in Section 12.3, below, that this Stipulated Protective Order does not entitle them 23 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 24 procedures that must be followed and the standards that will be applied when a 25 party seeks permission from the court to file material under seal. 26 1 27 The Court’s additions to the agreed terms of the Protective Order are generally indicated in bold typeface, and the Court’s deletions are indicated by lines through the text being deleted. 28 2 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 B. GOOD CAUSE STATEMENT 2 This action is likely to involve trade secrets, customer and pricing lists and 3 other valuable research, development, commercial, financial, technical and/or 4 proprietary information for which special protection from public disclosure and 5 from use for any purpose other than prosecution of this action is warranted. Such 6 confidential and proprietary materials and information consist of, among other 7 things, confidential business or financial information, information regarding 8 confidential business practices, or other confidential research, development, or 9 commercial information (including information implicating privacy rights of third 10 parties), information otherwise generally unavailable to the public, or which may 11 be privileged or otherwise protected from disclosure under state or federal statutes, 12 court rules, case decisions, or common law. Accordingly, to expedite the flow of 13 information, to facilitate the prompt resolution of disputes over confidentiality of 14 discovery materials, to adequately protect information the parties are entitled to 15 keep confidential, to ensure that the parties are permitted reasonable necessary uses 16 of such material in preparation for and in the conduct of trial, to address their 17 handling at the end of the litigation, and serve the ends of justice, a protective order 18 for such information is justified in this matter. It is the intent of the parties that 19 information will not be designated as “CONFIDENTIAL” or “HIGHLY 20 CONFIDENTIAL ATTORNEYS’ EYES ONLY” (as defined below) for tactical 21 reasons and that nothing be so designated without a good faith belief that it has 22 been maintained in a confidential, non-public manner, and there is good cause why 23 it should not be part of the public record of this case. 24 25 26 2. DEFINITIONS 2.1 Action: InfoKorea, Inc. v. MBC America Holdings, Inc., et al, Case 27 No. 16-cv-06480-CAS-KS, United States District Court for the Central District of 28 California. 3 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 2 3 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 4 how it is generated, stored or maintained) or tangible things that qualify for 5 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 6 the Good Cause Statement. 7 8 9 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or 10 items that it produces in disclosures or in responses to discovery as 11 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES 12 ONLY”. 13 2.6 Disclosure or Discovery Material: all items or information, regardless 14 of the medium or manner in which it is generated, stored, or maintained (including, 15 among other things, testimony, transcripts, and tangible things), that are produced 16 or generated in disclosures or responses to discovery in this matter. 17 2.7 Expert: a person with specialized knowledge or experience in a matter 18 pertinent to the litigation who has been retained by a Party or its counsel to serve 19 as an expert witness or as a consultant in this Action. 20 2.8 “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY” 21 Information or Items: information (regardless of how it is generated, stored or 22 maintained) or tangible things which are “CONFIDENTIAL” within the meaning 23 of the definition of Section 2.3 above which are extremely sensitive such that the 24 disclosure of which to another Party or Non-Party would create a substantial risk of 25 serious harm that could not be avoided by less restrictive means, including but not 26 limited to information the disclosures of which the Producing Party believes in 27 good faith will cause harm to its business position. Disclosure of “HIGHLY 28 4 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 CONFIDENTIAL ATTORNEYS’ EYES ONLY” Information or Items is limited 2 to that as set forth in Section 7.3 below. 2.9 3 House Counsel: attorneys who are employees of a party to this Action. 4 House Counsel does not include Outside Counsel of Record or any other outside 5 counsel. 2.10 Non-Party: any natural person, partnership, corporation, association, 6 7 or other legal entity not named as a Party to this action. 2.11 Outside Counsel of Record: attorneys who are not employees of a 8 9 party to this Action but are retained to represent or advise a party to this Action 10 and have appeared in this Action on behalf of that party or are affiliated with a law 11 firm which has appeared on behalf of that party, and includes support staff. 2.12 Party: any party to this Action, including all of its officers, directors, 12 13 employees, consultants, retained experts, and Outside Counsel of Record (and their 14 support staffs). 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 15 16 Discovery Material in this Action. 17 2.14 Professional Vendors: persons or entities that provide litigation 18 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 19 demonstrations, and organizing, storing, or retrieving data in any form or medium) 20 and their employees and subcontractors. 2.15 Protected Material: any Disclosure or Discovery Material that is 21 22 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 23 ATTORNEYS’ EYES ONLY”. 2.16 Receiving Party: a Party that receives Disclosure or Discovery 24 25 Material from a Producing Party. 26 27 3. SCOPE 28 5 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 The protections conferred by this Stipulation and Order cover not only 2 Protected Material (as defined above), but also (1) any information copied or 3 extracted from Protected Material; (2) all copies, excerpts, summaries, or 4 compilations of Protected Material; and (3) any testimony, conversations, or 5 presentations by Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the 6 7 trial judge. This Order does not govern the use of Protected Material at trial. 8 9 4. DURATION Even after final disposition of this litigation, the confidentiality obligations 10 11 imposed by this Order shall remain in effect until a Designating Party agrees 12 otherwise in writing or a court order otherwise directs. Final disposition shall be 13 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 14 with or without prejudice; and (2) final judgment herein after the completion and 15 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 16 including the time limits for filing any motions or applications for extension of 17 time pursuant to applicable law. 18 19 5. DESIGNATING PROTECTED MATERIAL 20 5.1 Exercise of Restraint and Care in Designating Material for Protection. 21 Each Party or Non-Party that designates information or items for protection 22 under this Order must take care to limit any such designation to specific material 23 that qualifies under the appropriate standards. The Designating Party must 24 designate for protection only those parts of material, documents, items, or oral or 25 written communications that qualify so that other portions of the material, 26 documents, items, or communications for which protection is not warranted are not 27 swept unjustifiably within the ambit of this Order. 28 6 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 Mass, indiscriminate, or routinized designations are prohibited. Designations 2 that are shown to be clearly unjustified or that have been made for an improper 3 purpose (e.g., to unnecessarily encumber the case development process or to 4 impose unnecessary expenses and burdens on other parties) may expose the 5 Designating Party to sanctions. 6 If it comes to a Designating Party’s attention that information or items that it 7 designated for protection do not qualify for protection, that Designating Party must 8 promptly notify all other Parties that it is withdrawing the inapplicable designation. 9 5.2 Manner and Timing of Designations. Except as otherwise provided in 10 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 11 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 12 under this Order must be clearly so designated before the material is disclosed or 13 produced. 14 15 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 16 documents, but excluding transcripts of depositions or other pretrial or trial 17 proceedings), that the Producing Party affix at a minimum, the legend 18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES 19 ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains 20 protected material. If only a portion or portions of the material on a page qualifies 21 for protection, the Producing Party also must clearly identify the protected 22 portion(s) (e.g., by making appropriate markings in the margins). 23 A Party or Non-Party that makes original documents available for inspection 24 need not designate them for protection until after the inspecting Party has indicated 25 which documents it would like copied and produced. During the inspection and 26 before the designation, all of the material made available for inspection shall be 27 deemed “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY”. After the 28 inspecting Party has identified the documents it wants copied and produced, the 7 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 Producing Party must determine which documents, or portions thereof, qualify for 2 protection under this Order. Then, before producing the specified documents, the 3 Producing Party must affix the “CONFIDENTIAL legend” to each page that 4 contains Protected Material. If only a portion or portions of the material on a page 5 qualifies for protection, the Producing Party also must clearly identify the 6 protected portion(s) (e.g., by making appropriate markings in the margins). (b) 7 for testimony given in depositions that the Designating Party 8 identify the Disclosure or Discovery Material on the record, before the close of the 9 deposition all protected testimony. (c) 10 for information produced in some form other than documentary 11 and for any other tangible items, that the Producing Party affix in a prominent 12 place on the exterior of the container or containers in which the information is 13 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 14 information warrants protection, the Producing Party, to the extent practicable, 15 shall identify the protected portion(s). 5.3 16 Inadvertent Failures to Designate. If timely corrected, an inadvertent 17 failure to designate qualified information or items does not, standing alone, waive 18 the Designating Party’s right to secure protection under this Order for such 19 material. Upon timely correction of a designation, the Receiving Party must make 20 reasonable efforts to assure that the material is treated in accordance with the 21 provisions of this Order. 22 23 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 25 designation of confidentiality at any time that is consistent with the Court’s 26 Scheduling Order. 27 28 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 8 [PROPOSED] STIPULATED PROTECTIVE ORDER 6.3 1 Burden of Persuasion. The burden of persuasion in any such 2 challenge proceeding shall be on the Designating Party. Frivolous challenges, and 3 those made for an improper purpose (e.g., to harass or impose unnecessary 4 expenses and burdens on other parties) may expose the Challenging Party to 5 sanctions. Unless the Designating Party has waived or withdrawn the 6 confidentiality designation, all parties shall continue to afford the material in 7 question the level of protection to which it is entitled under the Producing Party’s 8 designation until the Court rules on the challenge. 9 10 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 12 disclosed or produced by another Party or by a Non-Party in connection with this 13 Action only for prosecuting, defending, or attempting to settle this Action. Such 14 Protected Material may be disclosed only to the categories of persons and under 15 the conditions described in this Order. When the Action has been terminated, a 16 Receiving Party must comply with the provisions of section 13 below (FINAL 17 DISPOSITION). 18 Protected Material must be stored and maintained by a Receiving Party at a 19 location and in a secure manner that ensures that access is limited to the persons 20 authorized under this Order. 21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 22 otherwise ordered by the court or permitted in writing by the Designating Party, a 23 Receiving Party may disclose any information or item designated 24 “CONFIDENTIAL” only to: 25 (a) the Receiving Party’s Outside Counsel of Record in this Action, 26 as well as employees of said Outside Counsel of Record to whom it is reasonably 27 necessary to disclose the information for this Action; 28 9 [PROPOSED] STIPULATED PROTECTIVE ORDER (b) 1 the officers, directors, and employees (including House 2 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for 3 this Action; (c) 4 Experts (as defined in this Order) of the Receiving Party to 5 whom disclosure is reasonably necessary for this Action and who have signed the 6 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 (d) the court and its personnel; 8 (e) court reporters and their staff; 9 (f) professional jury or trial consultants, mock jurors, and 10 Professional Vendors to whom disclosure is reasonably necessary for this Action 11 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 12 A); (g) 13 the author or recipient of a document containing the 14 information or a custodian or other person who otherwise possessed or knew the 15 information; (h) 16 during their depositions, witnesses, and attorneys for witnesses, 17 in the Action to whom disclosure is reasonably necessary provided: (1) the 18 deposing party requests that the witness sign the form attached as Exhibit 1 hereto; 19 and (2) they will not be permitted to keep any confidential information unless they 20 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 21 otherwise agreed by the Designating Party or ordered by the court. Pages of 22 transcribed deposition testimony or exhibits to depositions that reveal Protected 23 Material may be separately bound by the court reporter and may not be disclosed 24 to anyone except as permitted under this Stipulated Protective Order; and (i) 25 any mediator or settlement officer, and their supporting 26 personnel, mutually agreed upon by any of the parties engaged in settlement 27 discussions. 28 10 [PROPOSED] STIPULATED PROTECTIVE ORDER 7.3 1 Disclosure of “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES 2 ONLY” Information or Items. Unless otherwise ordered by the court or permitted 3 in writing by the Designating Party, a Receiving Party may disclose any 4 information or item designated “HIGHLY CONFIDENTIAL-ATTORNEYS’ 5 EYES ONLY” only to: (a) 6 the Receiving Party’s Outside Counsel of Record in this Action, 7 as well as employees of said Outside Counsel of Record to whom it is reasonably 8 necessary to disclose the information for this Action; (b) 9 Experts (as defined in Paragraph 2.7) to whom disclosure is 10 reasonably necessary for this Action and who have signed the “Acknowledgment 11 and Agreement to Be Bound” (Exhibit A); 12 (c) the Court and its personnel; 13 (d) court reporters and their staff; 14 (e) professional jury or trial consultants, mock jurors, and 15 Professional Vendors to whom disclosure is reasonably necessary for this Action 16 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 17 A); 18 19 20 (f) the author or recipient of a document containing the information or a custodian or the original source of the information; (g) during their depositions, witnesses in the Action (and their 21 attorneys) who are current employees or former employees who originated, 22 authored, or received a copy of the “HIGHLY CONFIDENTIAL-ATTORNEYS’ 23 EYES ONLY” information of the Designating Party and who have signed the 24 “Acknowledgment and Agreement to Be Bound” in Exhibit A to this Protective 25 Order, unless otherwise agreed by the Designating Party, or were involved in the 26 specific subject matter described therein, or ordered by the Court. Pages of 27 transcribed deposition testimony or exhibits to depositions that reveal Protected 28 11 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 Material must be separately bound by the court reporter and may not be disclosed 2 to anyone except as permitted under this Protective Order; and (h) 3 any mediator or settlement officer, and their supporting 4 personnel, mutually agreed upon by any of the parties engaged in settlement 5 discussions, who have signed the “Acknowledgment and Agreement to Be Bound” 6 (Exhibit A). (i) 7 The individuals identified in paragraph 7.3(c) above Any 8 active sitting judge of the United States District Court and their supporting 9 personnel are specifically exempt from the requirement to sign the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A). 11 12 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 13 IN OTHER LITIGATION 14 If a Party is served with a subpoena or a court order issued in other litigation 15 that compels disclosure of any information or items designated in this Action as 16 “CONFIDENTIAL,” that Party must: 17 18 19 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena 20 or order to issue in the other litigation that some or all of the material covered by 21 the subpoena or order is subject to this Protective Order. Such notification shall 22 include a copy of this Stipulated Protective Order; and 23 24 25 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served 26 with the subpoena or court order shall not produce any information designated in 27 this action as “CONFIDENTIAL” before a determination by the court from which 28 the subpoena or order issued, unless the Party has obtained the Designating Party’s 12 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 permission. The Designating Party shall bear the burden and expense of seeking 2 protection in that court of its confidential material and nothing in these provisions 3 should be construed as authorizing or encouraging a Receiving Party in this Action 4 to disobey a lawful directive from another court. 5 6 7 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) 8 9 The terms of this Order are applicable to information produced by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 10 information produced by Non-Parties in connection with this litigation is protected 11 by the remedies and relief provided by this Order. Nothing in these provisions 12 should be construed as prohibiting a Non-Party from seeking additional 13 protections. 14 (b) In the event that a Party is required, by a valid discovery 15 request, to produce a Non-Party’s confidential information in its possession, and 16 the Party is subject to an agreement with the Non-Party not to produce the Non- 17 Party’s confidential information, then the Party shall: (1) 18 promptly notify in writing the Requesting Party and the 19 Non-Party that some or all of the information requested is subject to a 20 confidentiality agreement with a Non-Party; (2) 21 promptly provide the Non-Party with a copy of the 22 Stipulated Protective Order in this Action, the relevant discovery request(s), 23 and a reasonably specific description of the information requested; and (3) 24 25 26 make the information requested available for inspection by the Non-Party, if requested. (c) If the Non-Party fails to seek a protective order from this court 27 within 14 days of receiving the notice and accompanying information, the 28 Receiving Party may produce the Non-Party’s confidential information responsive 13 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 to the discovery request. If the Non-Party timely seeks a protective order, the 2 Receiving Party shall not produce any information in its possession or control that 3 is subject to the confidentiality agreement with the Non-Party before a 4 determination by the court. Absent a court order to the contrary, the Non-Party 5 shall bear the burden and expense of seeking protection in this court of its 6 Protected Material. 7 8 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 If a Receiving Party learns that, by inadvertence or otherwise, it has 10 disclosed Protected Material to any person or in any circumstance not authorized 11 under this Stipulated Protective Order, the Receiving Party must immediately (a) 12 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 13 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 14 the person or persons to whom unauthorized disclosures were made of all the terms 15 of this Order, and (d) request such person or persons to execute the 16 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 17 A. 18 19 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 20 PROTECTED MATERIAL 21 When a Producing Party gives notice to Receiving Parties that certain 22 inadvertently produced material is subject to a claim of privilege or other 23 protection, the obligations of the Receiving Parties are those set forth in Federal 24 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 25 whatever procedure may be established in an e-discovery order that provides for 26 production without prior privilege review. Pursuant to Federal Rule of Evidence 27 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 28 of a communication or information covered by the attorney-client privilege or 14 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 work product protection, the parties may incorporate their agreement in the 2 stipulated protective order submitted to the court. 3 4 12. 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 5 6 MISCELLANEOUS person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 7 8 Protective Order no Party waives any right it otherwise would have to object to 9 disclosing or producing any information or item on any ground not addressed in 10 this Stipulated Protective Order. Similarly, no Party waives any right to object on 11 any ground to use in evidence of any of the material covered by this Protective 12 Order. 13 12.3 Filing Protected Material. A Party that seeks to file under seal any 14 Protected Material must comply with Civil Local Rule 79-5. Protected Material 15 may only be filed under seal pursuant to a court order authorizing the sealing of the 16 specific Protected Material at issue. If a Party's request to file Protected Material 17 under seal is denied by the court, then the Receiving Party may file the information 18 in the public record unless otherwise instructed by the court. 19 20 13. FINAL DISPOSITION 21 After the final disposition of this Action, as defined in paragraph 4, within 22 60 days of a written request by the Designating Party, each Receiving Party must 23 return all Protected Material to the Producing Party or destroy such material. As 24 used in this subdivision, “all Protected Material” includes all copies, abstracts, 25 compilations, summaries, and any other format reproducing or capturing any of the 26 Protected Material. Whether the Protected Material is returned or destroyed, the 27 Receiving Party must submit a written certification to the Producing Party (and, if 28 not the same person or entity, to the Designating Party) by the 60 day deadline that 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 (1) identifies (by category, where appropriate) all the Protected Material that was 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 10 Protective Order as set forth in Section 4 (DURATION). 11 12 13 14. VIOLATION Any violation of this Order may be punished by any and all appropriate 14 measures including, without limitation, contempt proceedings and/or monetary 15 sanctions. 16 17 18 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED: October 27, 2017 19 20 21 _____________________________________ KAREN L. STEVENSON 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 16 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _____________________________________ [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the Stipulated Protective 6 Order that was issued by the United States District Court for the Central District of 7 California on October 27, 2017 in the case of InfoKorea, Inc. v. MBC America Holdings, 8 Inc., et al, Case No. CV 16-6480-CAS (KS), United States District Court for the Central 9 District of California. I agree to comply with and to be bound by all the terms of this 10 Stipulated Protective Order and I understand and acknowledge that failure to so comply 11 could expose me to sanctions and punishment in the nature of contempt. I solemnly 12 promise that I will not disclose in any manner any information or item that is subject to 13 this Stipulated Protective Order to any person or entity except in strict compliance with 14 the provisions of this 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 Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of this 18 action. I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and telephone 20 number] as my California agent for service of process in connection with this action or 21 any proceedings related to enforcement of this Stipulated Protective Order. 22 Date: ______________________ 23 City and State where sworn and signed: _________________________________ 24 25 Printed name: _______________________________ 26 Signature: __________________________________ 27 28 17 [PROPOSED] STIPULATED PROTECTIVE ORDER 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 28

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