United States District Court, C.D. California
AFFLICTION HOLDINGS, LLC, a California Limited Liability Company, Plaintiff,
KOHL’S DEPARTMENT STORES, INC., a Wisconsin Corporation; THREAD COLLECTIVE, INC., a Canadian Corporation; and DOES 1-10; inclusive, Defendants.
H. Blakely (SBN 157292) BLAKELY LAW GROUP Attorneys for
Plaintiff Affliction Holdings, LLC.
JEAN P. ROSENBLUTH, UNITED STATES MAGISTRATE JUDGE
used in this Protective Order, a. “Designating
Party” means any Person who designates Material as
“Discovering Counsel” means counsel of record for
a Discovering Party.
“Discovering Party” means the Party to whom
Material is being Provided by a Producing Party.
“Confidential Material” refers to those materials
designated as “CONFIDENTIAL” or
“ATTORNEYS’ EYES ONLY” as defined in
Paragraph 2 below.
“Material” means any document, testimony or
information in any form or medium whatsoever, including,
without limitation, any written or printed matter, Provided
in this action by a Party before or after the date of this
“Party” means the Parties to this action, their
attorneys of record and their agents.
“Person” means any individual, corporation,
partnership, unincorporated association, governmental agency,
or other business or governmental entity whether a Party or
“Producing Party” means any Person who Provides
Material during the course of this action.
“Provide” means to produce any Material, whether
voluntarily or involuntarily, whether pursuant to request or
Producing Party may designate as “CONFIDENTIAL”
any material provided to a Party which contains or discloses
any of the following:
a. Non-public insider information, personnel files, financial
information, trade secrets, confidential commercial
information, proprietary information, or other confidential
or sensitive information which the Producing Party determines
in good faith should be kept confidential; and
b. Information that the Party is under a duty to preserve as
confidential under an agreement with or other obligation to
Producing Party may designate as “ATTORNEYS’ EYES
ONLY, ” documents Parties contend contain or disclose
materials which they in good faith believe to be of an
extremely high degree of current commercial sensitivity
and/or would provide a competitive advantage to its
competitors if disclosed.
designation of "CONFIDENTIAL" and/or
"ATTORNEYS EYES ONLY" by the producing party shall
in no way restrict the receiving party from naming additional
parties to the litigation, such as manufacturers,
distributors, importers, retailers and others in the supply
chain of the alleged infringing goods, or otherwise
conducting discovery, such as serving subpoenas, on potential
parties to the litigation.
Producing Party shall stamp as CONFIDENTIAL or
ATTORNEYS’ EYES ONLY Materials which the Producing
Party in good faith believes are entitled to protection
pursuant to the standards set forth in Paragraph 2 of this
Order. A Producing Party may designate Confidential Material
for Protection under this order by either of the following
a. By physically marking the front page and all confidential
portions with the following inscription prior to Providing it
to a Party:
CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER or ATTORNEYS’
EYES ONLY SUBJECT TO PROTECTIVE ORDER
b. By identifying with specificity in writing to the
Discovering Party any previously Provided Material which was
not designated as Confidential Material prior to its having
been Provided. For purposes of this method of designation, it
will be a sufficiently specific identification to refer to
the bates numbers or deposition page numbers of previously
Provided Material. Where a Producing Party designates
previously Provided Material as Confidential Material
pursuant to this subparagraph, the Producing Party will
follow the procedures set forth in the previous subparagraph
for designating Confidential Material, and Provide to the
Discovering Party additional copies of the previously
Provided Material marked with the inscription described in
the previous subparagraph. Upon receipt of the additional
copies which comply with the procedures set forth in the
previous subparagraph, the Discovering Party will immediately
return to the Producing Party the previously Provided
Material, or alternatively, will destroy all the previously
Provided Material, at the option of the Producing Party. For
previously Provided Material which was not designated as
Confidential Material at the time of its being Provided, this
Protective Order shall apply to such materials beginning on
the date that the Producing Party makes such designation.
costs associated with the designations of materials as
“Confidential” or “Attorneys’ Eyes
Only” involving, for example, the cost of binding
confidential portions of deposition transcripts, shall be
initially borne by the Party making the designation with no
prejudice regarding the Designating Party’s ability to
recover its costs upon completion of the litigation.
designation of documents as “Confidential” or
“Attorneys’ Eyes Only” does not entitle the
parties to have those documents filed under seal. An
application, including a stipulated application to filed
documents under seal must comply with Local Rule 79-5.
ON USE OF ...