Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 1 of 19 Page ID #:653 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 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 17 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 Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 2 of 19 Page ID #:654 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. 2 Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 3 of 19 Page ID #:655 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). 3 Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 4 of 19 Page ID #:656 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) 4 Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 5 of 19 Page ID #:657 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. 5 Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 6 of 19 Page ID #:658 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 6 Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 7 of 19 Page ID #:659 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 7 Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 8 of 19 Page ID #:660 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. 8 Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 9 of 19 Page ID #:661 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 9 Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 10 of 19 Page ID #:662 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 10 Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 11 of 19 Page ID #:663 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 11 Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 12 of 19 Page ID #:664 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 12 Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 13 of 19 Page ID #:665 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- 13 Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 14 of 19 Page ID #:666 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 14 Case 2:24-cv-08093-FLA-E Document 44 Filed 05/07/25 Page 15 of 19 Page ID #:667 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28