Lillian Jurdi v. Nike, Inc. — Entry #44: STIPLATED PROTECTIVE ORDER by Magistrate Judge Charles F

Case 2:24-cv-08093-FLA-E        Document 44 Filed 05/07/25   Page 1 of 19 Page ID
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 7                        UNITED STATES DISTRICT COURT
 8                       CENTRAL DISTRICT OF CALIFORNIA
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10   LILLIAN JURDI, an individual and on           Case No. 2:24-cv-08093-FLA (Ex)
     behalf of all others similarly situated,
11

12
                        Plaintiff,                 STIPULATED PROTECTIVE
                                                   ORDER
13                v.

14   NIKE, INC., an Oregon company;
     DOES 1 through 25, inclusive,
15
                        Defendants.
16

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18    1.    A. PURPOSES AND LIMITATIONS
19          Discovery in this action is likely to involve production of confidential,
20    proprietary, or private information for which special protection from public
21    disclosure and from use for any purpose other than prosecuting this litigation may
22    be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
23    enter the following Stipulated Protective Order. The parties acknowledge that this
24    Order does not confer blanket protections on all disclosures or responses to
25    discovery and that the protection it affords from public disclosure and use extends
26    only to the limited information or items that are entitled to confidential treatment
27    under the applicable legal principles. The parties further acknowledge, as set forth
28    in Section 13.3 (Filing Protected Material), below, that this Stipulated Protective


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 1    Order does not entitle them to file confidential information under seal; Civil Local
 2    Rule 79-5 sets forth the procedures that must be followed and the standards that will
 3    be applied when a party seeks permission from the court to file material under seal.
 4          B. GOOD CAUSE STATEMENT
 5          This action is likely to involve source code, trade secrets, and other valuable
 6    research, development, commercial, financial, technical and/or proprietary
 7    information for which special protection from public disclosure and from use for
 8    any purpose other than prosecution of this action is warranted. Such confidential
 9    and proprietary materials and information may consist of, among other things,
10    Defendant’s confidential customer records (including personal identifiable
11    information (PII) within those records), proprietary and confidential source code,
12    confidential contracts and communications with third-parties such as TikTok, Inc.,
13    confidential business or financial information, information regarding confidential
14    business practices, or other confidential research, development, or commercial
15    information (including information implicating privacy rights of putative class
16    members and third parties), information otherwise generally unavailable to the
17    public, or which may be privileged or otherwise protected from disclosure under
18    state or federal statutes, court rules, case decisions, or common law. Accordingly,
19    to expedite the flow of information, to facilitate the prompt resolution of disputes
20    over confidentiality of discovery materials, to adequately protect information the
21    parties are entitled to keep confidential, to ensure that the parties are permitted
22    reasonable necessary uses of such material in preparation for and in the conduct of
23    trial, to address their handling at the end of the litigation, and serve the ends of
24    justice, a protective order for such information is justified in this matter. It is the
25    intent of the parties that information will not be designated as confidential for
26    tactical reasons and that nothing be so designated without a good faith belief that it
27    has been maintained in a confidential, non-public manner, and there is good cause
28    why it should not be part of the public record of this case.

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 1    2.     DEFINITIONS
 2           2.1    Action: Jurdi v. Nike Inc., 2:24-cv-08093 FLA (Ex).
 3           2.2    Challenging Party: a Party or Non-Party that challenges the
 4    designation of information or items under this Order.
 5           2.3    “CONFIDENTIAL” Information or Items: information (regardless of
 6    how it is generated, stored, or maintained) or tangible things that qualify for
 7    protection under Federal Rule of Civil Procedure 26(c), and as specified above in
 8    the Good Cause Statement.
 9           2.4    “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
10    Information or Items: extremely sensitive “Confidential Information or Items,” the
11    disclosure of which to another Party or Non-Party would create a substantial risk of
12    serious harm that could not be avoided by less restrictive means. Information
13    qualifying for “Highly Confidential – Attorneys’ Eyes Only” may include but is not
14    limited to: (a) marketing, financial, sales, web traffic, research and development, or
15    technical, data or information; (b) commercially sensitive competitive information;
16    (c) information or data relating to future products or product features not yet
17    commercially released and/or strategic plans; and (d) commercial agreements, the
18    disclosure of which is likely to cause harm to the competitive position of the
19    producing party.
20           2.5    “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or
21    Items: extremely sensitive “Confidential Information or Items” representing
22    computer code and associated comments and revision histories, formulas,
23    engineering specifications, or schematics that define or otherwise describe in detail
24    the algorithms or structure of software or hardware designs, the disclosure of which
25    to another Party or Non-Party would create a substantial risk of serious harm that
26    could not be avoided by less restrictive means.
27           2.6    Counsel: Outside Counsel of Record and House Counsel (as well as
28    their support staff).

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 1          2.7    Designating Party: a Party or Non-Party that designates information
 2    or items that it produces in disclosures or in responses to discovery as
 3    “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
 4    ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE.”
 5          2.8    Disclosure or Discovery Material: all items or information, regardless
 6    of the medium or manner in which it is generated, stored, or maintained (including,
 7    among other things, testimony, transcripts, and tangible things), that are produced
 8    or generated in disclosures or responses to discovery in this matter.
 9          2.9    Expert: a person with specialized knowledge or experience in a matter
10    pertinent to the litigation who has been retained by a Party or its counsel to serve as
11    an expert witness or as a consultant in this Action.
12          2.10 House Counsel: attorneys who are employees of a party to this Action.
13    House Counsel does not include Outside Counsel of Record or any other outside
14    counsel.
15          2.11 Non-Party: any natural person, partnership, corporation, association,
16    or other legal entity not named as a Party to this action.
17          2.12 Outside Counsel of Record: attorneys who are not employees of a
18    party to this Action but are retained to represent or advise a party to this Action and
19    have appeared in this Action on behalf of that party or are affiliated with a law firm
20    which has appeared on behalf of that party, including support staff.
21          2.13 Party: any party to this Action, including all of its officers, directors,
22    employees, consultants, retained experts, and Outside Counsel of Record (and their
23    support staffs).
24          2.14 Producing Party: a Party or Non-Party that produces Disclosure or
25    Discovery Material in this Action.
26          2.15 Professional Vendors:        persons or entities that provide litigation
27    support services (e.g., photocopying, videotaping, translating, preparing exhibits or
28    demonstrations, and organizing, storing, or retrieving data in any form or medium)

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 1    and their employees and subcontractors.
 2          2.16 Protected Material: any Disclosure or Discovery Material that is
 3    designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’
 4    EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE.”
 5          2.17 Receiving Party:        a Party that receives Disclosure or Discovery
 6    Material from a Producing Party.
 7    3.    SCOPE
 8          The protections conferred by this Stipulation and Order cover not only
 9    Protected Material (as defined above), but also (1) any information copied or
10    extracted from Protected Material; (2) all copies, excerpts, summaries, or
11    compilations of Protected Material; and (3) any testimony, conversations, or
12    presentations by Parties or their Counsel that might reveal Protected Material.
13    However, the protections conferred by this Stipulation and Order do not cover the
14    following information: (a) any information that is in the public domain at the time
15    of disclosure to a Receiving Party or becomes part of the public domain after its
16    disclosure to a Receiving Party as a result of publication not involving a violation
17    of this Order, including becoming part of the public record through trial or
18    otherwise; and (b) any information known to the Receiving Party prior to the
19    disclosure or obtained by the Receiving Party after the disclosure from a source who
20    obtained the information lawfully and under no obligation of confidentiality to the
21    Designating Party.
22          Any use of Protected Material at trial shall be governed by the orders of the
23    trial judge. This Order does not govern the use of Protected Material at trial.
24    4.    DURATION
25          Even after final disposition of this litigation, as defined in Section 14 (FINAL
26    DISPOSITION), the confidentiality obligations imposed by this Order shall remain
27    in effect until a Designating Party agrees otherwise in writing or a court order
28    otherwise directs.

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 1    5.    DESIGNATING PROTECTED MATERIAL
 2          5.1     Exercise of Restraint and Care in Designating Material for Protection.
 3    Each Party or Non-Party that designates information or items for protection under
 4    this Order must take care to limit any such designation to specific material that
 5    qualifies under the appropriate standards. The Designating Party must designate for
 6    protection only those parts of material, documents, items, or oral or written
 7    communications that qualify so that other portions of the material, documents,
 8    items, or communications for which protection is not warranted are not swept
 9    unjustifiably within the ambit of this Order.
10          Mass, indiscriminate, or routinized designations are prohibited. Designations
11    that are shown to be clearly unjustified or that have been made for an improper
12    purpose (e.g., to unnecessarily encumber the case development process or to impose
13    unnecessary expenses and burdens on other parties) may expose the Designating
14    Party to sanctions.
15         If it comes to a Designating Party’s attention that information or items that it
16    designated for protection do not qualify for protection at all or do not qualify for the
17    level of protection initially asserted, that Designating Party must promptly notify all
18    other parties that it is withdrawing the mistaken designation.
19          5.2    Manner and Timing of Designations. Except as otherwise provided in
20    this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise
21    stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
22    under this Order must be clearly so designated before the material is disclosed or
23    produced.
24          Designation in conformity with this Order requires:
25          (a) for information in documentary form (e.g., paper or electronic documents,
26    but excluding transcripts of depositions or other pretrial or trial proceedings), that
27    the Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY
28    CONFIDENTIAL           –    ATTORNEYS’          EYES      ONLY”       or    “HIGHLY

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 1    CONFIDENTIAL – SOURCE CODE” to each page that contains protected
 2    material. If only a portion or portions of the material on a page qualifies for
 3    protection, the Producing Party also must clearly identify the protected portion(s)
 4    (e.g., by making appropriate markings in the margins).
 5          A Party or Non-Party that makes original documents or materials available
 6    for inspection need not designate them for protection until after the inspecting Party
 7    has indicated which material it would like copied and produced. During the
 8    inspection and before the designation, all of the material made available for
 9    inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
10    ONLY.” After the inspecting Party has identified the documents it wants copied
11    and produced, the Producing Party must determine which documents, or portions
12    thereof, qualify for protection under this Order.      Then, before producing the
13    specified documents, the Producing Party must affix the appropriate legend
14    (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
15    ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE) to each page that
16    contains Protected Material. If only a portion or portions of the material on a page
17    qualifies for protection, the Producing Party also must clearly identify the protected
18    portion(s) (e.g., by making appropriate markings in the margins).
19          (b) for testimony given in depositions that the Designating Party identify the
20    Disclosure or Discovery Material on the record before the close of the deposition,
21    all protected testimony, and specify the level of protection being asserted. When it
22    is impractical to identify separately each portion of testimony that is entitled to
23    protection and it appears that substantial portions of the testimony may qualify for
24    protection, the Designating Party may invoke on the record (before the deposition,
25    hearing, or other proceeding is concluded) a right to have up to 21 days to identify
26    the specific portions of the testimony as to which protection is sought and to specify
27    the level of protection being asserted. Only those portions of the testimony that are
28    appropriately designated for protection within the 21 days shall be covered by the

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 1    provisions of this Stipulated Protective Order.
 2          Parties shall give the other parties notice if they reasonably expect a
 3    deposition to include Protected Material so that the other parties can ensure that only
 4    authorized individuals who have signed the “Acknowledgment and Agreement to
 5    Be Bound” (Exhibit A) are present at those proceedings.
 6          Transcripts containing Protected Material shall have an obvious legend on the
 7    title page that the transcript contains Protected Material, and the title page shall be
 8    followed by a list of all pages (including line numbers as appropriate) that have been
 9    designated as Protected Material and the level of protection being asserted by the
10    Designating Party. The Designating Party shall inform the court reporter of these
11    requirements. Any transcript that is prepared before the expiration of a 21-day
12    period for designation shall be treated during that period as if it had been designated
13    “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless
14    otherwise agreed. After the expiration of that period, the transcript shall be treated
15    only as actually designated.
16          (c) for information produced in some form other than documentary and for
17    any other tangible items, that the Producing Party affix in a prominent place on the
18    exterior of the container or containers in which the information is stored the
19    appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
20    ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE
21    CODE). If only a portion or portions of the information warrants protection, the
22    Producing Party, to the extent practicable, shall identify the protected portion(s).
23          5.3    Inadvertent Failures to Designate. If timely corrected, an inadvertent
24    failure to designate qualified information or items does not, standing alone, waive
25    the Designating Party’s right to secure protection under this Order for such material.
26    Upon timely correction of a designation, the Receiving Party must make reasonable
27    efforts to assure that the material is treated in accordance with the provisions of this
28    Order.

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 1    6.    CHALLENGING CONFIDENTIALITY DESIGNATIONS
 2          6.1    Timing of Challenges. Any Party or Non-Party may challenge a
 3    designation of confidentiality at any time.        Unless a prompt challenge to a
 4    Designating Party’s confidentiality designation is necessary to avoid foreseeable,
 5    substantial unfairness, unnecessary economic burdens, or a significant disruption or
 6    delay of the litigation, a Party does not waive its right to challenge a confidentiality
 7    designation by electing not to mount a challenge promptly after the original
 8    designation is disclosed.
 9          6.2    Meet and Confer. The Challenging Party shall initiate the dispute
10    resolution process under Civil Local Rule 37-1 et seq.
11          6.3    The burden of persuasion in any such challenge proceeding shall be
12    on the Designating Party. Frivolous challenges, and those made for an improper
13    purpose (e.g., to harass or impose unnecessary expenses and burdens on other
14    parties), may expose the Challenging Party to sanctions. Unless the Designating
15    Party has waived or withdrawn the confidentiality designation, all parties shall
16    continue to afford the material in question the level of protection to which it
17    is entitled under the Producing Party’s designation until the Court rules on the
18    challenge.
19    7.    ACCESS TO AND USE OF PROTECTED MATERIAL
20          7.1    Basic Principles. A Receiving Party may use Protected Material that
21    is disclosed or produced by another Party or by a Non-Party in connection with
22    this Action only for prosecuting, defending, or attempting to settle this Action.
23    Such Protected Material may be disclosed only to the categories of persons and
24    under the conditions described in this Order.          When the Action has been
25    terminated, a Receiving Party must comply with the provisions of Section 14 below
26    (FINAL DISPOSITION).
27          Protected Material must be stored and maintained by a Receiving Party at
28    a location and in a secure manner that ensures that access is limited to the

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 1    persons authorized under this Order.
 2          7.2     Disclosure of “CONFIDENTIAL” Information or Items.                Unless
 3    otherwise ordered by the Court or permitted in writing by the Designating Party, a
 4    Receiving    Party    may     disclose    any      information   or   item   designated
 5    “CONFIDENTIAL” only to:
 6                (a) the Receiving Party’s Outside Counsel of Record in this Action, as
 7    well as employees of said Outside Counsel of Record to whom it is reasonably
 8    necessary to disclose the information for this Action;
 9                (b) the officers, directors, and employees (including House Counsel) of
10    the Receiving Party to whom disclosure is reasonably necessary for this Action;
11                (c) Experts (as defined in this Order) of the Receiving Party to whom
12    disclosure is reasonably necessary for this Action and who have signed the
13    “Acknowledgment and Agreement to Be Bound” (Exhibit A);
14                (d) the Court and its personnel;
15                (e) court reporters and their staff;
16                (f) professional jury or trial consultants, mock jurors, and Professional
17    Vendors to whom disclosure is reasonably necessary for this Action and who have
18    signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
19                (g) the author or recipient of a document containing the information or a
20    custodian or other person who otherwise possessed or knew the information;
21                (h) during their depositions, witnesses, and attorneys for witnesses, in
22    the Action to whom disclosure is reasonably necessary provided: (1) the deposing
23    party requests that the witness sign the form attached as Exhibit A hereto; and (2)
24    they will not be permitted to keep any confidential information unless they sign the
25    “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
26    agreed by the Designating Party or ordered by the Court. Pages of transcribed
27    deposition testimony or exhibits to depositions that reveal Protected Material may
28    be separately bound by the court reporter and may not be disclosed to anyone except

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 1    as permitted under this Stipulated Protective Order; and
 2                (i) any mediator or settlement officer, and their supporting personnel,
 3    mutually agreed upon by any of the parties engaged in settlement discussions.
 4          7.3    Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
 5    ONLY” and “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or
 6    Items. Unless otherwise ordered by the court or permitted in writing by the
 7    Designating Party, a Receiving Party may disclose any information or item
 8    designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
 9    “HIGHLY CONFIDENTIAL – SOURCE CODE” only to:
10                (a) the Receiving Party’s Outside Counsel of Record in this Action, as
11    well as employees of said Outside Counsel of Record to whom it is reasonably
12    necessary to disclose the information for this Action;
13                (b) Experts of the Receiving Party (1) to whom disclosure is reasonably
14    necessary for this litigation, (2) who are not current employees of a Party or of a
15    Party’s competitor, (3) who, at the time of retention, are not anticipated to become
16    employees of a Party or of a Party’s competitor, and (4) who have signed the
17    “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18                (c) the court and its personnel;
19                (d) court reporters and their staff, professional jury or trial consultants,
20    and Professional Vendors to whom disclosure is reasonably necessary for this
21    litigation and who have signed the “Acknowledgment and Agreement to Be Bound”
22    (Exhibit A); and
23                (e) the author or recipient of a document containing the information or a
24    custodian or other person who otherwise possessed or knew the information.
25    8.    SOURCE CODE
26                (a) To the extent production of source code becomes necessary in this
27    case, a Producing Party may designate source code as “HIGHLY CONFIDENTIAL
28    - SOURCE CODE” if it comprises or includes confidential, proprietary or trade

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 1    secret source code. The parties confirm that this agreement does not waive or
 2    prejudice either party’s right to later challenge such a designation, nor does it
 3    otherwise shift or alter the burden of establishing that material is protected under the
 4    law as a trade secret etc.
 5                (b) Protected Material designated as “HIGHLY CONFIDENTIAL –
 6    SOURCE CODE” shall be subject to all of the protections afforded to “HIGHLY
 7    CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information and may be
 8    disclosed only to the individuals set forth in Paragraph 7.3.
 9                (c) To the extent production of source code becomes necessary in this
10    case, the parties agree to cooperate in good faith to facilitate the production of such
11    source code, and, if necessary, to amend this Stipulated Protective Order to facilitate
12    the production of source code.
13    9.    PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
14    IN OTHER LITIGATION
15          If a Party is served with a subpoena or a court order issued in other litigation
16    that compels disclosure of any information or items designated in this Action as
17    “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
18    ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” that Party must:
19                (a) promptly notify in writing the Designating Party. Such notification
20    shall include a copy of the subpoena or court order;
21                (b) promptly notify in writing the party who caused the subpoena or order
22    to issue in the other litigation that some or all of the material covered by the
23    subpoena or order is subject to this Protective Order. Such notification shall include
24    a copy of this Stipulated Protective Order; and
25                (c) cooperate with respect to all reasonable procedures sought to be
26    pursued by the Designating Party whose Protected Material may be affected.
27          If the Designating Party timely seeks a protective order, the Party served with
28    the subpoena or court order shall not produce any information designated in this

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 1    action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
 2    EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” before a
 3    determination by the court from which the subpoena or order issued, unless the Party
 4    has obtained the Designating Party’s permission. The Designating Party shall bear
 5    the burden and expense of seeking protection in that court of its confidential
 6    material, and nothing in these provisions should be construed as authorizing or
 7    encouraging a Receiving Party in this Action to disobey a lawful directive from
 8    another court.
 9    10.   A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
10    PRODUCED IN THIS LITIGATION
11               (a) The terms of this Order are applicable to information produced by a
12    Non-Party in this Action and designated as “CONFIDENTIAL,” “HIGHLY
13    CONFIDENTIAL          –    ATTORNEYS’          EYES      ONLY,”       or   “HIGHLY
14    CONFIDENTIAL – SOURCE CODE.” Such information produced by Non-Parties
15    in connection with this litigation is protected by the remedies and relief provided by
16    this Order. Nothing in these provisions should be construed as prohibiting a Non-
17    Party from seeking additional protections.
18               (b) In the event that a Party is required, by a valid discovery request, to
19    produce a Non-Party’s confidential information in its possession, and the Party is
20    subject to an agreement with the Non-Party not to produce the Non-Party’s
21    confidential information, then the Party shall:
22                 (1) promptly notify in writing the Requesting Party and the Non-Party
23    that some or all of the information requested is subject to a confidentiality agreement
24    with a Non-Party;
25                 (2) promptly provide the Non-Party with a copy of the Stipulated
26    Protective Order in this Action, the relevant discovery request(s), and a reasonably
27    specific description of the information requested; and
28                 (3) make the information requested available for inspection by the Non-

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 1    Party, if requested.
 2               (c) If the Non-Party fails to seek a protective order from this Court within
 3    14 days of receiving the notice and accompanying information, the Receiving Party
 4    may produce the Non-Party’s confidential information responsive to the discovery
 5    request. If the Non-Party timely seeks a protective order, the Receiving Party shall
 6    not produce any information in its possession or control that is subject to the
 7    confidentiality agreement with the Non-Party before a determination by the Court.
 8    Absent a court order to the contrary, the Non-Party shall bear the burden and
 9    expense of seeking protection in this Court of its Protected Material.
10    11.   UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
11          If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
12    Protected Material to any person or in any circumstance not authorized under this
13    Stipulated Protective Order, the Receiving Party must immediately (a) notify in
14    writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
15    to retrieve all unauthorized copies of the Protected Material, (c) inform the person
16    or persons to whom unauthorized disclosures were made of all the terms of this
17    Order, and (d) request such person or persons to execute the “Acknowledgment and
18    Agreement to Be Bound” that is attached hereto as Exhibit A.
19    12.   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 protection,
23    the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
24    Procedure 26(b)(5)(B).      This provision is not intended to modify whatever
25    procedure may be established in an e-discovery order that provides for production
26    without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
27    (e), insofar as the parties reach an agreement on the effect of disclosure of a
28    communication or information covered by the attorney-client privilege or work

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 1    product protection, the parties may incorporate their agreement in the stipulated
 2    protective order submitted to the Court.
 3    13.   MISCELLANEOUS
 4          13.1 Right to Further Relief. Nothing in this Order abridges the right of any
 5    person to seek its modification by the Court in the future.
 6          13.2 Right to Assert Other Objections. By stipulating to the entry of this
 7    Protective Order, no Party waives any right it otherwise would have to object to
 8    disclosing or producing any information or item on any ground not addressed in this
 9    Stipulated Protective Order. Similarly, no Party waives any right to object on any
10    ground to use in evidence of any of the material covered by this Protective Order.
11          13.3 Filing Protected Material. A Party that seeks to file under seal any
12    Protected Material must comply with Civil Local Rule 79-5. Protected Material
13    may only be filed under seal pursuant to a court order authorizing the sealing of the
14    specific Protected Material at issue. If a Party’s request to file Protected Material
15    under seal is denied by the court, then the Receiving Party may file the information
16    in the public record unless otherwise instructed by the court.
17    14.   FINAL DISPOSITION
18          Final disposition shall be deemed to be the later of (1) dismissal of all claims
19    and defenses in this Action, with or without prejudice; and (2) final judgment herein
20    after the completion and exhaustion of all appeals, rehearings, remands, trials, or
21    reviews of this Action, including the time limits for filing any motions or
22    applications for extension of time pursuant to applicable law. After the final
23    disposition of this Action, within 60 days of a written request by the Designating
24    Party, each Receiving Party must return all Protected Material to the Producing
25    Party or destroy such material. As used in this subdivision, “all Protected Material”
26    includes all copies, abstracts, compilations, summaries, and any other format
27    reproducing or capturing any of the Protected Material. Whether the Protected
28    Material is returned or destroyed, the Receiving Party must submit a written

                                                 15


     Case 2:24-cv-08093-FLA-E       Document 44 Filed 05/07/25        Page 16 of 19 Page ID
                                             #:668


 1      certification to the Producing Party (and, if not the same person or entity, to the
 2      Designating Party) by the 60 day deadline that (1) identifies (by category, where
 3      appropriate) all the Protected Material that was returned or destroyed; and (2)
 4      affirms that the Receiving Party has not retained any copies, abstracts, compilations,
 5      summaries, or any other format reproducing or capturing any of the Protected
 6      Material. Notwithstanding this provision, Counsel are entitled to retain an archival
 7      copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
 8      memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
 9      work product, and consultant and expert work product, even if such materials
10      contain Protected Material. Any such archival copies that contain or constitute
11      Protected Material remain subject to this Protective Order as set forth in Section 4
12      (DURATION).
13 //

14 //

15 //

16 //

17 //

18 //

19 //

20 //

21 //

22 //

23 //

24 //

25 //

26 //

27 //

28 //

                                                 16


     Case 2:24-cv-08093-FLA-E     Document 44 Filed 05/07/25     Page 17 of 19 Page ID
                                           #:669


 1       15.    VIOLATION
 2             Any violation of this Order may be punished by any and all appropriate
 3       measures including, without limitation, contempt proceedings and/or monetary
 4       sanctions. 1
 5

 6       IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
 7

 8 Dated: May 6, 2025                      TAULER SMITH LLP

 9                                         By:     /s/ Narain Kumar
10                                                 NARAIN KUMAR, Esq.
                                                   Attorney for Plaintiff
11

12 Dated: May 6, 2025                      KING & SPALDING LLP
13

14
                                           By: /s/ Michael D. Roth
                                              MICHAEL D. ROTH
15
                                           Attorney for Defendant NIKE, INC.
16

17

18
         FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
19

20
         DATED: 5/7/2025                           ______________________________
21                                                 Honorable Charles F. Eick
22                                                 United States Magistrate Judge

23

24

25

26
     1
27   Nothing in this Protective Order shall be construed to mean that either party has
   waived any arguments regarding the validity of redacting documents produced in
28
   this case.
                                              17


     Case 2:24-cv-08093-FLA-E     Document 44 Filed 05/07/25       Page 18 of 19 Page ID
                                           #:670


 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 penalty of perjury
 5    that I have read in its entirety and understand the Stipulated Protective Order that
 6    was issued by the United States District Court for the Central District of California
 7    on [date] in the case of Jurdi v. Nike Inc., 2:24-cv-08093-FLA (Ex). I agree to
 8    comply with and to be bound by all the terms of this Stipulated Protective Order,
 9    and I understand and acknowledge that failure to so comply could expose me to
10    sanctions and punishment in the nature of contempt. I solemnly promise that I will
11    not disclose in any manner any information or item that is subject to this Stipulated
12    Protective Order to any person or entity except in strict compliance with the
13    provisions of this Order.
14         I further agree to submit to the jurisdiction of the United States District Court
15    for the Central District of California for the purpose of enforcing the terms of this
16    Stipulated Protective Order, even if such enforcement proceedings occur after
17    termination of this action. I hereby appoint __________________________ [print
18    or type full name] of _______________________________________ [print or type
19    full address and telephone number] as my California agent for service of process in
20    connection with this action or any proceedings related to enforcement of this
21    Stipulated Protective Order.
22    Date: ______________________________________
23    City and State where sworn and signed: _________________________________
24

25    Printed name: _______________________________
26

27    Signature: __________________________________
28

                                               18


     Case 2:24-cv-08093-FLA-E     Document 44 Filed 05/07/25         Page 19 of 19 Page ID
                                           #:671


 1                                     ATTESTATION
 2         Pursuant to Civil L.R. 5-4.3.4(a)(2)(i), I hereby attest that all signatories
 3 listed, and on whose behalf this filing is submitted, concur in the filing’s content and

 4 have authorized the filing.

 5

 6    Dated: May 6, 2025                            KING & SPALDING LLP
 7
                                                    By: /s/ Michael D. Roth
 8                                                     MICHAEL D. ROTH
 9                                                 Attorney for Defendant NIKE, INC.
10

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