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Causin Drama, Inc., A California Corporation v. Forever 21

April 20, 2012

CAUSIN DRAMA, INC., A CALIFORNIA CORPORATION; 54 RECKLESS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PLAINTIFFS,
v.
FOREVER 21, INC., A DELAWARE CORPORATION; AND DOES 1-10, INCLUSIVE, DEFENDANTS.



JOHNSON & PHAM, LLP Christopher Q. Pham, SBN: 206697 E-mail: cpham@johnsonpham.com Marcus F. Chaney, SBN: 245227 E-mail: mchaney@johnsonpham.com Jason R. Vener, SBN: 267941 E-mail: jvener@johnsonpham.com 6355 Topanga Canyon Boulevard, Suite 326 Woodland Hills, California 91367 Telephone: (818) 888-7540 Facsimile: (818) 888-7544 Attorneys for Defendant FOREVER 21, INC. Brent H. Blakely (SBN 157292) bblakely@blakelylawgroup.com Cindy Chan (SBN 247495) cchan@blakelylawgroup.com BLAKELY LAW GROUP 915 North Citrus Avenue Hollywood, California 90038 Telephone: (323) 464-7400 Facsimile: (323) 464-7410 Attorneys for Plaintiffs CAUSIN DRAMA, INC. and 54 RECKLESS, LLC

STIPULATED PROTECTIVE ORDER

[CHANGES MADE BY COURT TO PARAGRAPHS VI.1, IX]

IT IS HEREBY STIPULATED AND AGREED by and between Defendant Forever 21, Inc. and Plaintiffs Causin Drama, Inc. and 54 Reckless, LLC, through their respective counsel, that the following shall govern the handling of documents, deposition transcripts, and other material filed, produced, or otherwise disclosed in the above-captioned matter.

I. PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information and documentation with good cause for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential. The parties further acknowledge, as set forth in Section X, below, that this Stipulated Protective Order creates no entitlement to file confidential information under seal. Civil Local Rule (L.R.) 79-5 sets forth the procedures that must be followed and reflects the standards that will be applied when a party seeks permission from the court to file material under seal.

II. DEFINITION OF "CONFIDENTIAL INFORMATION"

1. "Confidential Information," as used herein, means all information in whatever form, such as oral, written, documentary, tangible, intangible, electronic, or digitized now or hereafter in existence that:

a. is regarded by the designating party as being confidential, private, or proprietary in nature such that it qualifies for protection under Federal Rule of Civil Procedure (FRCP) Rule 26(c)(1)(G); and/or

b. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; and

c. is protected under the Uniform Trade Secrets Act, California Civil Code section 3426, et. seq., in that such information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means, by other persons who can obtain economic value from its disclosure or use; and

d. as illustrative examples only, the parties anticipate that the following descriptive categories will be designated as Confidential Information under this Order, including, but not limited to, customer lists, confidential financial information of the parties, including profit margins, sales data, profits, and retail sales summaries, vendor lists, order summaries, confidential contracts, and proprietary fabric/style specifications.

2. Confidential Information is unlimited in kind or form and includes, by way of example only and without limitation thereto, information relating to the following: any products, designs, specifications, tests, plans, studies, surveys, manufacture, distribution, marketing, promotion, advertisement, sales, opportunities, vendors, customers, financial matters, costs, sources, prices, profits, research, development, analysis, know-how, show-how, personnel, strategies, or competition.

III. PRODUCTION OF CONFIDENTIAL INFORMATION

1. All efforts by any party or witness in this matter to designate any information as "Confidential," shall be governed by the terms of this Order. The party by whom any disclosure is made is the "Disclosing Party" and the party to whom any disclosure is made is the "Receiving Party." By receiving any property designated as "Confidential," the Receiving Party agrees not to disclose, publish, disseminate, or use, other than as expressly permitted herein, any such property and will assure that all reasonable efforts are made to prevent any unauthorized use, disclosure, publication or dissemination of such property.

2. All Confidential Information produced by the Disclosing Party to the Receiving Party in whatever form (e.g., documents, materials, things, testimony or other information) during the course of this matter shall be designated "Confidential" or "Confidential-Attorneys' Eyes Only" in accordance with the terms of this Order, infra, prior to disclosure, by use of a reasonably conspicuous and prominent mark. In the case of documents, the mark shall be on every page.

IV. LEVELS OF CONFIDENTIALITY

Any information designated as "Confidential" or "Attorneys' Eyes Only" shall be restricted in accordance with the following levels of confidentiality:

1. "Attorneys' Eyes Only" - Information designated as "Attorneys' Eyes Only" shall be restricted to viewing, or copying by, and disclosure to:

a. Attorneys acting on behalf of the parties in this matter;

b. The office personnel employed by the counsel working under the direct supervision of said counsel;

c. The United States District Court for the Central District of California and all clerks and other personnel in the United States District Court for the Central District of California, before which this action is pending; and

d. Experts and consultants necessarily retained by counsel of record in this litigation, but only if these experts and consultants comply with this agreement in full and read, ...


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