Case 5:22-cv-01020-JLS-SP Document 99 Filed 04/06/23 Page 1 of 19 Page ID #:608
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`Rudolph A. Telscher, Jr.*
`rudy.telscher@huschblackwell.com
`Paul L. Smelcer*
`paul.smelcer@huschblackwell.com
`Samantha R. Sweet*
`samantha.sweet@huschblackwell.com
`HUSCH BLACKWELL LLP
`8001 Forsyth Boulevard
`Suite 1500
`St. Louis, Missouri 63105
`314-480-1500 Telephone
`314-480-1505 Facsimile
`*Pro Hac Vice
`
`Karen Luong
`karen.luong@huschblackwell.com
`HUSCH BLACKWELL LLP
`355 South Grand Avenue
`Suite 2850
`Los Angeles, CA 90071
`213-337-6559 Telephone
`213-337-6551 Facsimile
`
`Attorneys for Plaintiff Nautilus, Inc.
`
`(additional counsel listed on next page)
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`EASTERN DIVISION
`Case No. 5:22-cv-01020-JLS-SP
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`STIPULATED PROTECTIVE
`ORDER
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`NAUTILUS, INC.,
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` Plaintiff,
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`v.
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`VEVOR CORPORATION, et al.,
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` Defendants.
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`Case No. 5:22-cv-01020-JLS-SP
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`STIPULATED PROTECTIVE ORDER
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`Case 5:22-cv-01020-JLS-SP Document 99 Filed 04/06/23 Page 2 of 19 Page ID #:609
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`
`Shengmao Mu
`smu@whitewoodlaw.com
`WHITEWOOD LAW
`99 South Almaden Boulevard Suite 600
`San Jose, CA 95113
`917-858-8018 Telephone
`917-591-0618 Facsimile
`
`David A. Sergenian
`david@sergenianlaw.com
`SERGENIAN LAW
`2355 Westwood Blvd, #529
`Los Angeles, CA 90064
`213-435-2035 Telephone
`Attorneys for Defendants Sanven Corporation
`and James Liu
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`Case No. 5:22-cv-01020-JLS-SP
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`STIPULATED PROTECTIVE ORDER
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`INTRODUCTION
`Disclosure and discovery activity in this action are likely to involve
`production of confidential, proprietary, or private information for which special
`protection from public disclosure and from use for any purpose other than
`prosecuting this litigation may be warranted. Accordingly, the parties hereby
`stipulate to and petition the court to enter the following Stipulated Protective Order.
`The parties acknowledge that this Order does not confer blanket protections on all
`disclosures or responses to discovery and that the protection it affords from public
`disclosure and use extends only to the limited information or items that are entitled
`to confidential treatment under the applicable legal principles. The parties further
`acknowledge, as set forth in Section 11.3, below, that this Stipulated Protective
`Order does not entitle them to file confidential information under seal; Civil Local
`Rule 79-5 sets forth the procedures that must be followed and the standards that will
`be applied when a party seeks permission from the court to file material under seal.
`GOOD CAUSE STATEMENT
`This action is likely is likely to involve trade secrets, personally identifiable
`information, customer and pricing lists, and other valuable research, development,
`commercial, financial, technical, and/or proprietary information for which special
`protection from public disclosure and from use for any purpose other than this action
`is warranted. Such confidential and proprietary materials and information consist of,
`among other things, personally identifiable information, confidential business or
`financial information, information regarding confidential business practices, or other
`confidential research, development, or commercial information (including
`confidential information of third parties), information otherwise generally
`unavailable to the public, or which may be privileged or otherwise protected from
`disclosure under state or federal statutes, court rules, case decisions, or common law.
`Accordingly, to expedite the flow of information, to facilitate the prompt resolution
`of disputes over confidentiality of discovery materials, to adequately protect
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`STIPULATED PROTECTIVE ORDER
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`Case No. 5:22-cv-01020-JLS-SP
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`information the parties are entitled to keep confidential, to ensure that the parties are
`permitted reasonable necessary uses of such material in preparation for and in the
`conduct of trial, to address their handling at the end of the litigation, and serve the
`ends of justice, a protective order for such information is justified in this matter. It is
`the intent of the parties that information will not be designated as confidential for
`tactical reasons and that nothing be so designated without a good faith belief that it
`has been maintained in a confidential, non-public manner, and there is good cause
`why it should not be part of the public record of this case.
`Accordingly, based upon the agreement of the Parties and for good cause
`shown, it is ORDERED that the following procedure shall be adopted for the
`protection of confidential information.
`1. DEFINITIONS
`1.1 Challenging Party: a Party or Non-Party that challenges the designation
`of information or items under this Order.
`1.2
`“CONFIDENTIAL” Information or Items: information (regardless of
`how it is generated, stored or maintained) or tangible things that qualify for
`protection under Federal Rule of Civil Procedure 26(c).
`1.3 Counsel (without qualifier): Outside Counsel of Record and House
`Counsel (as well as their support staff).
`1.4 Designated House Counsel: House Counsel who seek access to
`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information in this
`matter.
`1.5 Designating Party: a Party or Non-Party that designates information or
`items that it produces in disclosures or in responses to discovery as
`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`ONLY”.
`1.6 Disclosure or Discovery Material: all items or information, regardless
`of the medium or manner in which it is generated, stored, or maintained (including,
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`STIPULATED PROTECTIVE ORDER
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`among other things, testimony, transcripts, and tangible things), that are produced or
`generated in disclosures or responses to discovery in this matter.
`1.7 Expert: a person with specialized knowledge or experience in a matter
`pertinent to the litigation who (1) has been retained by a Party or its counsel to serve
`as an expert witness or as a consultant in this action, (2) is not a past or current
`employee of a Party, and (3) at the time of retention, is not anticipated to become an
`employee of a Party or of a Party’s competitor.
`1.8
`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
`Information or Items: extremely sensitive “Confidential Information or Items,”
`disclosure of which to another Party or Non-Party would create a substantial risk of
`serious harm that could not be avoided by less restrictive means.
`1.9 House Counsel: attorneys who are employees of a party to this action.
`House Counsel does not include Outside Counsel of Record or any other outside
`counsel.
`1.10 Non-Party: any natural person, partnership, corporation, association, or
`other legal entity not named as a Party to this action.
`1.11 Outside Counsel of Record: attorneys who are not employees of a party
`to this action but are retained to represent or advise a party to this action and have
`appeared in this action on behalf of that party or are affiliated with a law firm which
`has appeared on behalf of that party.
`1.12 Party: any party to this action, including all of its officers, directors,
`employees, consultants, retained experts, and Outside Counsel of Record (and their
`support staffs).
`1.13 Producing Party: a Party or Non-Party that produces Disclosure or
`Discovery Material in this action.
`1.14 Professional Vendors: persons or entities that provide litigation support
`services (e.g., photocopying, videotaping, translating, preparing exhibits or
`demonstrations, and organizing, storing, or retrieving data in any form or medium)
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`STIPULATED PROTECTIVE ORDER
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`and their employees and subcontractors.
`1.15 Protected Material: any Disclosure or Discovery Material that is
`designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY.
`1.16 Receiving Party: a Party that receives Disclosure or Discovery Material
`from a Producing Party.
`2. SCOPE
`The protections conferred by this Stipulation and Order cover not only
`Protected Material (as defined above), but also (1) any information copied or
`extracted from Protected Material; (2) all copies, excerpts, summaries, or
`compilations of Protected Material; and (3) any testimony, conversations, or
`presentations by Parties or their Counsel that might reveal Protected Material.
`However, the protections conferred by this Stipulation and Order do not cover the
`following information: (a) any information that is in the public domain at the time of
`disclosure to a Receiving Party or becomes part of the public domain after its
`disclosure to a Receiving Party as a result of publication not involving a violation of
`this Order, including becoming part of the public record through trial or otherwise;
`and (b) any information known to the Receiving Party prior to the disclosure or
`obtained by the Receiving Party after the disclosure from a source who obtained the
`information lawfully and under no obligation of confidentiality to the Designating
`Party. Any use of Protected Material at trial shall be governed by a separate
`agreement or order.
`3. DURATION
`Even after final disposition of this litigation, the confidentiality obligations
`imposed by this Order shall remain in effect until a Designating Party agrees
`otherwise in writing or a court order otherwise directs. Final disposition shall be
`deemed to be the later of (1) dismissal of all claims and defenses in this action, with
`or without prejudice; and (2) final judgment herein after the completion and
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`STIPULATED PROTECTIVE ORDER
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`exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
`including the time limits for filing any motions or applications for extension of time
`pursuant to applicable law.
`4. DESIGNATING PROTECTED MATERIAL
`4.1 Exercise of Restraint and Care in Designating Material for Protection.
`Each Party or Non-Party that designates information or items for protection under
`this Order must take care to limit any such designation to specific material that
`qualifies under the appropriate standards. To the extent it is practical to do so, the
`Designating Party must designate for protection only those parts of material,
`documents, items, or oral or written communications that qualify – so that other
`portions of the material, documents, items, or communications for which protection
`is not warranted are not swept unjustifiably within the ambit of this Order.
`Mass, indiscriminate, or routinized designations are prohibited. Designations
`that are shown to be clearly unjustified or that have been made for an improper
`purpose (e.g., to unnecessarily encumber or retard the case development process or
`to impose unnecessary expenses and burdens on other parties) expose the
`Designating Party to sanctions.
`If it comes to a Designating Party’s attention that information or items that it
`designated for protection do not qualify for protection at all or do not qualify for the
`level of protection initially asserted, that Designating Party must promptly notify all
`other parties that it is withdrawing the mistaken designation.
`4.2 Manner and Timing of Designations. Except as otherwise provided in
`this Order (see, e.g., second paragraph of section 4.2(a) below), or as otherwise
`stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
`under this Order must be clearly so designated before the material is disclosed or
`produced. Designation in conformity with this Order requires:
`(a) for information in documentary form (e.g., paper or electronic documents,
`but excluding transcripts of depositions or other pretrial or trial proceedings), that
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`the Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains
`protected material. If only a portion or portions of the material on a page qualifies
`for protection, the Producing Party also must clearly identify the protected portion(s)
`(e.g., by making appropriate markings in the margins) and must specify, for each
`portion, the level of protection being asserted.
`A Party or Non-Party that makes original documents or materials available for
`inspection need not designate them for protection until after the inspecting Party has
`indicated which material it would like copied and produced. During the inspection
`and before the designation, all of the material made available for inspection shall be
`deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the
`inspecting Party has identified the documents it wants copied and produced, the
`Producing Party must determine which documents, or portions thereof, qualify for
`protection under this Order. Then, before producing the specified documents, the
`Producing Party must affix the appropriate legend (“CONFIDENTIAL” or
`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each page that
`contains Protected Material. If only a portion or portions of the material on a page
`qualifies for protection, the Producing Party also must clearly identify the protected
`portion(s) (e.g., by making appropriate markings in the margins) and must specify,
`for each portion, the level of protection being asserted.
`(b) for testimony given in deposition or in other pretrial or trial proceedings,
`that the Designating Party identify on the record, before the close of the deposition,
`hearing, or other proceeding, all protected testimony and specify the level of
`protection being asserted. When it is impractical to identify separately each portion
`of testimony that is entitled to protection and it appears that substantial portions of
`the testimony may qualify for protection, the Designating Party may invoke on the
`record (before the deposition, hearing, or other proceeding is concluded) a right to
`have up to 21 days to identify the specific portions of the testimony as to which
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`protection is sought and to specify the level of protection being asserted. Only those
`portions of the testimony that are appropriately designated for protection within the
`21 days shall be covered by the provisions of this Stipulated Protective Order.
`Alternatively, a Designating Party may specify, at the deposition or up to 21 days
`afterwards if that period is properly invoked, that the entire transcript shall be treated
`as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`ONLY.”
`(c) for information produced in some form other than documentary and for
`any other tangible items, that the Producing Party affix in a prominent place on the
`exterior of the container or containers in which the information or item is stored the
`legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
`EYES ONLY”. If only a portion or portions of the information or item warrant
`protection, the Producing Party, to the extent practicable, shall identify the protected
`portion(s) and specify the level of protection being asserted.
`4.3
`Inadvertent Failures to Designate. If timely corrected, an inadvertent
`failure to designate qualified information or items does not, standing alone, waive
`the Designating Party’s right to secure protection under this Order for such material.
`Upon timely correction of a designation, the Receiving Party must make reasonable
`efforts to assure that the material is treated in accordance with the provisions of this
`Order.
`5. CHALLENGING CONFIDENTIALITY DESIGNATIONS
`5.1 Timing of Challenges. Any Party or Non-Party may challenge a
`designation of confidentiality at any time. Unless a prompt challenge to a
`Designating Party’s confidentiality designation is necessary to avoid foreseeable,
`substantial unfairness, unnecessary economic burdens, or a significant disruption or
`delay of the litigation, a Party does not waive its right to challenge a confidentiality
`designation by electing not to mount a challenge promptly after the original
`designation is disclosed.
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`5.2 Meet and Confer. The Challenging Party shall initiate the dispute
`resolution process under Civil Local Rule 37-1 et seq.
`5.3 The burden of persuasion in any such challenge proceeding shall be on
`the Designating Party. Frivolous challenges and those made for an improper purpose
`(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
`expose the Challenging Party to sanctions. Unless the Designating Party has waived
`the confidentiality designation by failing to file a motion to retain confidentiality as
`described above, all parties shall continue to afford the material in question the level
`of protection to which it is entitled under the Producing Party’s designation until the
`court rules on the challenge.
`6. ACCESS TO AND USE OF PROTECTED MATERIAL
`6.1 Basic Principles. A Receiving Party may use Protected Material that is
`disclosed or produced by another Party or by a Non-Party in connection with this
`case only for prosecuting, defending, or attempting to settle this litigation. Such
`Protected Material may be disclosed only to the categories of persons and under the
`conditions described in this Order. When the litigation has been terminated, a
`Receiving Party must comply with the provisions of section 12 below (FINAL
`DISPOSITION).
`Protected Material must be stored and maintained by a Receiving Party at a
`location and in a secure manner that ensures that access is limited to the persons
`authorized under this Order.
`6.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
`otherwise ordered by the court or permitted in writing by the Designating Party, a
`Receiving Party may disclose any information or item designated
`“CONFIDENTIAL” only to:
`(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
`employees of said Outside Counsel of Record to whom it is reasonably necessary to
`disclose the information for this litigation;
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`(b) the officers, directors, and employees (including House Counsel) of the
`Receiving Party to whom disclosure is reasonably necessary for this litigation;
`(c) Experts (as defined in this Order) of the Receiving Party to whom
`disclosure is reasonably necessary for this litigation and who have signed the
`“Acknowledgment and Agreement to Be Bound” (Exhibit A);
`(d) the Court and its personnel;
`(e) court reporters and their staff, professional jury or trial consultants, and
`Professional Vendors to whom disclosure is reasonably necessary for this litigation
`and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
`A);
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`(f) during their depositions, witnesses, and attorneys defending the deposition,
`in the action to whom disclosure is reasonably necessary provided: (1) the deposing
`party requests that the witness sign the form attached as Exhibit A hereto; and (2)
`they will not be permitted to keep any confidential information unless they sign the
`“Acknowledgment and Agreement to Be Bound (Exhibit A), unless otherwise
`agreed by the Designating Party or ordered by the Court;
`(g) the author or recipient of a document containing the information or a
`custodian or other person who otherwise possessed or knew the information; and
`(h) any mediator or settlement officer, and their supporting personnel,
`mutually agreed upon by any of the Parties engaged in settlement discussions.
`6.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
`writing by the Designating Party, a Receiving Party may disclose any information or
`item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only
`to:
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`(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
`employees of said Outside Counsel of Record to whom it is reasonably necessary to
`disclose the information for this litigation;
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`(b) Designated House Counsel of the Receiving Party to whom disclosure is
`reasonably necessary for this litigation and who has signed the “Acknowledgment
`and Agreement to Be Bound” (Exhibit A);
`(c) Experts of the Receiving Party (1) to whom disclosure is reasonably
`necessary for this litigation, (2) who have signed the “Acknowledgment and
`Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth in
`paragraph 7.4(a), below, have been followed;
`(d) the court and its personnel;
`(e) court reporters and their staff, professional jury or trial consultants, mock
`jurors, and Professional Vendors to whom disclosure is reasonably necessary for this
`litigation and who have signed the “Acknowledgment and Agreement to Be Bound”
`(Exhibit A);
`(f) during their depositions, witnesses, and attorneys defending the deposition,
`in the action to whom disclosure is reasonably necessary provided: (1) the deposing
`party requests that the witness sign the form attached as Exhibit A hereto; and (2)
`they will not be permitted to keep any confidential information unless they sign the
`“Acknowledgment and Agreement to Be Bound (Exhibit A), unless otherwise
`agreed by the Designating Party or ordered by the Court;
`(g) the author or recipient of a document containing the information or a
`custodian or other person who otherwise possessed or knew the information; and
`(h) any mediator or settlement officer, and their supporting personnel,
`mutually agreed upon by any of the Parties engaged in settlement discussions.
`6.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to Experts.
`(a) Unless otherwise ordered by the court or agreed to in writing by the
`Designating Party, a Party that seeks to disclose to an Expert (as defined in this
`Order) any information or item that has been designated “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(c)
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`STIPULATED PROTECTIVE ORDER
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`Case No. 5:22-cv-01020-JLS-SP
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`first must make a written request to the Designating Party that (1) identifies the
`general categories of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
`information that the Receiving Party seeks permission to disclose to the Expert, (2)
`sets forth the full name of the Expert and the city and state of his or her primary
`residence, (3) attaches a copy of the Expert’s current resume, (4) identifies the
`Expert’s current employer(s), (5) identifies each person or entity from whom the
`Expert has received compensation or funding for work in his or her areas of
`expertise or to whom the expert has provided professional services, including in
`connection with a litigation, at any time during the preceding five years with the
`exception of any information which is subject to confidentiality obligations owed to
`a third party, and (6) identifies (by name and number of the case, filing date, and
`location of court) any litigation in connection with which the Expert has offered
`expert testimony, including through a declaration, report, or testimony at a
`deposition or trial, during the preceding five years.
`(b) A Party that makes a request and provides the information specified in the
`preceding respective paragraphs may disclose the subject Protected Material to the
`identified Designated House Counsel or Expert unless, within 14 days of delivering
`the request, the Party receives a written objection from the Designating Party. Any
`such objection must set forth in detail the grounds on which it is based.
`(c) Disputes regarding a timely written objection raised pursuant to the
`previous paragraph shall be addressed through the dispute resolution process under
`Civil Local Rule 37-1 et seq.
`7. PROTECTED MATERIAL SUBPOENAED OR ORDERED
`PRODUCED IN OTHER LITIGATION
`If a Party is served with a subpoena or a court order issued in other litigation
`that compels disclosure of any information or items designated in this action as
`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`ONLY” that Party must:
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`(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 or order to
`issue in the other litigation that some or all of the material covered by the subpoena
`or order is subject to this Protective Order. Such notification shall include a copy of
`this Stipulated Protective Order; and
`(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 with
`the subpoena or court order shall not produce any information designated in this
`action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
`EYES ONLY” before a determination by the court from which the subpoena or
`order issued, unless the Party has obtained the Designating Party’s permission. The
`Designating Party shall bear the burden and expense of seeking protection in that
`court of its confidential material – and nothing in these provisions should be
`construed as authorizing or encouraging a Receiving Party in this action to disobey a
`lawful directive from another court.
`8. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
`PRODUCED IN THIS LITIGATION
`(a) The terms of this Order are applicable to information produced by a
`Non-Party in this action and designated as “CONFIDENTIAL” or “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Such information produced by
`Non-Parties in connection with this litigation is protected by the remedies and relief
`provided by this Order. Nothing in these provisions should be construed as
`prohibiting a Non-Party from seeking additional protections.
`(b)
`In the event that a Party is required, by a valid discovery request, to
`produce a Non-Party’s confidential information in its possession, and the Party is
`subject to an agreement with the Non-Party not to produce the Non-Party’s
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`confidential information, then the Party shall:
`1.
`promptly notify in writing the Requesting Party and the Non-Party that
`some or all of the information requested is subject to a confidentiality agreement
`with a Non-Party;
`2.
`promptly provide the Non-Party with a copy of the Stipulated
`Protective Order in this litigation, the relevant discovery request(s), and a reasonably
`specific description of the information requested; and
`3.
`make the information requested available for inspection by the Non-
`Party.
`If the Non-Party fails to object or seek a protective order from this court
`(c)
`within 14 days of receiving the notice and accompanying information, the Receiving
`Party may produce the Non-Party’s confidential information responsive to the
`discovery request. If the Non-Party timely seeks a protective order, the Receiving
`Party shall not produce any information in its possession or control that is subject to
`the confidentiality agreement with the Non-Party before a determination by the
`court.1 Absent a court order to the contrary, the Non-Party shall bear the burden and
`expense of seeking protection in this court of its Protected Material.
`9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
`If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
`Protected Material to any person or in any circumstance not authorized under this
`Stipulated Protective Order, the Receiving Party must immediately (a) notify in
`writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
`to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
`persons to whom unauthorized disclosures were made of all the terms of this Order,
`and (d) request such person or persons to execute the “Acknowledgment and
`Agreement to Be Bound” that is attached hereto as Exhibit A.
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`1 The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a
`Non-Party and to afford the Non-Party an opportunity to protect its confidentiality interests in this court.
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`10. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
`PROTECTED MATERIAL
`When a Producing Party gives notice to Receiving Parties that certain
`inadvertently produced material is subject to a claim of privilege or other protection,
`the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
`Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
`may be established in an e-discovery order that provides for production without prior
`privilege review. Pursuant to Federal Rule of Evidence 502(d), the parties are filing
`contemporaneously-herewith a Stipulated Order Under Federal Rule of Evidence
`502(d) to address the effect of disclosure of a communication or information covered
`by the attorney-client privilege or work product protection.
`11. MISCELLANEOUS
`11.1 Right to Further Relief. Nothing in this Order abridges the right of any
`person to seek its modification by the court in the future.
`11.2 Right to Assert Other Objections. By stipulating to the entry of this
`Protective Order no Party waives any