STIPULATION AND PROTECTIVE ORDER FOR LITIGATION

ALICIA G. ROSENBERG, Magistrate Judge.

In order to protect the confidentiality of and the rights to information, documents, materials, items, things, information, deposition testimony and exhibits, written discovery and discovery responses, court proceedings and filings and lodgings, and other such matters developed and disclosed in connection with this litigation, and in order to facilitate discovery by and among the stipulating parties and non-parties:

THE STIPULATING PARTIES HEREBY STIPULATE as follows:

1. All information, documents, materials, items, things, information, deposition testimony and exhibits, written discovery and discovery responses, court proceedings and filings and lodgings, and other such matters (or portions thereof) filed or lodged or otherwise used in the Court or produced either by a stipulating party or by a non-party as part of discovery in this action shall be governed by this Protective Order.

2. A stipulating party (hereinafter "Designated Party") may designate as "CONFIDENTIAL" proprietary information, documents, materials, items, things, information, deposition testimony and exhibits, written discovery and discovery responses, court proceedings and filings and lodgings, and other such matters filed or lodged or otherwise used in the Court or produced as part of discovery in this action. As a general guideline, materials designated "CONFIDENTIAL" shall be those materials which the Designating Party believes, in good faith, contain trade secret or other highly confidential business information of a proprietary or technical nature, which materials the Designating Party believes, in good faith, to contain information, the disclosure of which is likely to cause harm to the competitive position of the Designating Party.

3. All information, documents, materials, items, things, information, deposition testimony and exhibits, written discovery and discovery responses, court proceedings and filings and lodgings, and other such matters filed or lodged or otherwise used in the Court or produced as part of discovery in this action designated "CONFIDENTIAL" hereafter are collectively referred to as "Confidential Material." Except as may be otherwise provided by this Order or by further order of the Court or further stipulation as to the Confidential Material, as well as the matters contained therein, and extracts and summaries thereof, shall be used for no purpose other than prosecuting or defending the above-captioned action and shall be disclosed only to the persons identified in paragraph 7 below. In no event shall any person receiving Confidential Material use it for commercial or competitive purpose or make public disclosure of the contents thereof. However, nothing contained in this Protective Order shall affect the right of the Designating party to disclose or use its own Confidential Material, nor will it be construed as a limitation on a party's ability to show material designated by another party as "CONFIDENTIAL" to that Designating Party, including any present employee thereof.

4. Pursuant to this Protective Order, Confidential Materials will be designated and marked as follows:

a. Documents: Materials may be designated as Confidential Material by placing the following legend, or equivalent thereof, on any such document: "CONFIDENTIAL." Such legend shall be placed upon the first page of each document containing Confidential Material and upon each page within such document considered to contain Confidential Material.

b. Magnetic Media Documents: Where materials are produced in a magnetic media (such as floppy diskette or tape) or in optically readable media, the medium contained shall be marked or stickered with an appropriate confidentiality notice as described in paragraph 4(a) above. To the extent that any party prints out any of the material contained on magnetic media that is designated as Confidential Material, such printouts will be marked as described in paragraph 4(a) above.

c. Physical Exhibits: The confidential status of a physical exhibit shall be indicated by placing a label on said physical exhibit with the appropriate confidentiality notice as described in paragraph 4(a) above.

d. Written Discovery: In the case of information incorporated in responses (to interrogatories, requests for admissions, demands for inspection, or written depositions), the appropriate confidentiality notice as described in paragraph 4(a) above shall be placed on each response that contains Confidential Material.

e. Deposition Proceedings: Designation of portions, or the entirety, of deposition transcripts (including but not limited to testimony and exhibits) as "CONFIDENTIAL" shall be made by a statement to such effect on the record in the course of the deposition, or upon review of such transcript by counsel for the Designating Party and for good cause within (20) business days after counsel's receipt of the transcript.

Upon designation of the transcript on the record, during the deposition, the deposition containing confidential material shall continue in the absence of all persons to whom access to said confidential material has been denied under the terms of this Protective Order. The court reporter or other person recording the proceedings shall segregate any portion of the transcript of the deposition or hearing which has been stated to contain Confidential Material and may furnish copies of these segregated portion, in a sealed envelope, only to the deponent, to the Court, and to counsel for the parties bound by the terms of this Protective Order.

With regard to designations made within twenty (20) business days after receipt of the deposition transcript of a deposition, counsel shall make such designations only for good cause, and shall send written notice to the Court reporter, to counsel for the parties, and to any other person known to have a copy of said transcript. The notice shall reference this Protective Order, identify the appropriate level of confidentiality, and identify the pages and/or exhibits so designated. All copies of transcripts designated in this fashion shall be marked with a notice indicating the appropriate level of confidentiality of the material and shall be governed by the terms of this Protective Order

5. A Designating Party that inadvertently fails to mark an item as Confidential Material at the time of production shall have ten (10) days thereafter in which to correct its failure. Such correction and notice thereof shall be made in writing, accompanied by substitute copies of each item, appropriate marked as Confidential Material. Within ten (10) calendar days of receipt of the substitute copies, the receiving party shall return or destroy the previously unmarked items and all copies thereof. A Designating Party that fails to correct an error relating to the designation of Confidential Material within the required ten (10) day period shall thereafter be permitted an opportunity to correct such error only upon a showing of good cause.

6. Protests of the designation of Confidential Material will occur only as follows:

a. If a party believes that materials designated "CONFIDENTIAL" is not in fact the proper subject matter for such designation, or should be reclassified or revealed to an individual not otherwise authorized to have access to such material under the terms to this Protective Order, then such party shall provide to the Designating Party written notice of its disagreement with the designation. The parties shall then attempt to resolve such dispute in good faith on an informal basis.

b. If the parties are unable to resolve their dispute informally, then the party challenging the designation may request appropriate relief from the Court. It shall be the burden of the Designating Party to establish that the contested material is Confidential Material and appropriately designated. In any event, unless and until a Court ruling is obtained changing a designation, or the Designating Party agrees otherwise in writing, the materials involved shall be treated as Confidential Material with the designation assigned by the Designating Party. In the case that a party requests relief from the Court under this subparagraph, the Court may impose sanctions against the unsuccessful party unless the Court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. The preceding sentence shall be interpreted in accordance with the provisions of the Civil Discovery Act, codified sections 2016.010 et seq. of the Code of Civil Procedure.

7. Absent advance written consent from the Designating Party, material designated "CONFIDENTIAL" or information derived therefrom may only be disclosed or made available to the following persons in this action:

a. stipulating parties;

b. witnesses who have actual knowledge of the specific Confidential Material to which they are witnesses (however witnesses who are shown Confidential Material shall not be allowed to retain copies of the Confidential Materials), provided that any such person shall execute a written agreement that he has received and read and understood a copy of this Protective Order and agrees to abide by its terms before receiving any Confidential Material;

c. authors, recipients, and referenced subjects of Confidential Material, provided that any such entity or person shall execute written agreements that each has received and read and understood a copy of this Protective Order and agrees to abide by its terms before receiving any Confidential Material;

d. the attorneys for parties including their associates, agents and employees — insofar as those attorneys, associates, agents, and employees do not also constitute attorneys, associates, agents, or employees of said party outside of the attorney-client relationship necessitated by representation in this litigation;

e. experts or consultants retained by any party or its counsel in connection with the subject matter of this action, provided that any such experts or consultants shall execute written agreements that each has received and read and understood a copy of this Protective Order and agrees to abide by its terms before receiving any Confidential Material;

f. the Court, pursuant to paragraph 12 of this Protective Order;

g. outside copy services and their employees used to make copies of discovery materials;

h. third-party contractors involved in providing litigation support, provided that any such contractors shall execute the Certification annexed to this order before receiving any Confidential Material; and

i. court reporters who record testimony taken in the course of this litigation.

8. Individuals and entities permitted access pursuant to paragraph 7 hereof to Confidential Materials, or any parts thereof, other than the Court, may not show, convey or reproduce any such documents or things, or any parts thereof, or any copies thereof, or any matters contained herein, or any extracts or summaries thereof, to any individual or entity who does not otherwise have access to Confidential Materials under the provisions of this Protective Order.

9. Any party receiving Confidential Material under the terms of this Protective Order hereby agrees to subject himself or herself to the jurisdiction of this Court for purposes of any proceedings relating to the performance under, compliance with or violations of this Protective Order.

10. Any party who receives any Confidential Material shall maintain such materials in a secure and safe area and shall exercise due and proper care with respect to the storage, custody, use and/or dissemination of such material.

11. As to each entity or person that is required to execute a written agreement that he has received and read and understood a copy of this Protective Order and agrees to abide by its terms before receiving any Confidential Material, such agreement shall be retained by counsel for the party so disclosing the Confidential Material and made available for inspection by opposing counsel during the pendency of and after termination of this action only upon good cause shown and upon order of the Court. Counsel retaining such agreement may interpose any appropriate work product privilege objection to inspection by opposing counsel. If the parties are unable to resolve their dispute informally, then the party challenging the objection may request appropriate relief from the Court. It shall be the burden of the party asserting the privilege to justify the assertion. In the case that a party requests relief from the Court under this paragraph, the Court may impose sanctions against the unsuccessful party unless the Court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. The preceding sentence shall be interpreted in accordance with the provisions of the Civil Discovery Act, codified sections 2016.010 et seq. of the Code of Civil Procedure.

12. Submission of the Confidential Material to the Court shall only be as follows:

a. Confidential Material shall sate on. The first page of the pleading shall state that it: contains Confidential Material and shall be filed with an application to file under seal pursuant to Local Rule 79-5.

b. A party who files or lodges or otherwise uses any paper, pleading or exhibit containing Confidential Materials shall submit it to the Court in the format set forth in Local Rule 79-5.2.2.

c. [Internationally Omitted].

13. In the event that any Confidential Material is used in nondispositive pre-trial proceedings in this litigation (including but not limited to conferences, oral arguments, or hearings), the Confidential Material shall not lose its confidential status through such use, and the parties shall take all steps reasonably required to protect the confidentiality of the Confidential Material during such use, including, but not limited to, requesting in camera proceedings. The terms of this Protective Order do not preclude, limit, restrict, or otherwise apply to the use of the documents at trial. The parties will meet and confer in good faith prior to trial to establish procedures of the use of Confidential Material at trial, Confidential material used at trial will become public absent a separate Court order upon motion with sufficient cause shown.

14. If any Confidential Material is disclosed to any person other than in a manner authorized by this Order, the party responsible for the disclosure, or who has knowledge of such disclosure, upon discovery of the disclosure, shall immediately inform the Designating Party of all facts pertinent to the disclosure that, after due diligence and prompt investigation, are known to the party responsible for the disclosure, or who has knowledge of the disclosure (including the name, address and employer of the person to whom the disclosure was made), and shall immediately make all reasonable efforts to prevent further disclosure by each unauthorized person who received such information.

15. If a deponent refuses to agree to the non-disclosure provisions of this Order, disclosure of Confidential Material during the deposition shall not constitute a waiver of confidentiality. In such a case, the deposing party may only disclose its own Confidential Material, and not that of other stipulating parties. Under such circumstances, prior to showing the document to the deponent, the parties will meet and confer in good faith to establish procedures for the use of Confidential Material during the deposition of the deponent who refuses to agree to the non-disclosure provisions of this Order.

16. This Protective Order shall not, in itself:

a. constitute a waiver of any stipulating party's right to seek at a future time relief from the Court for an order restricting access to specific documents designated as Confidential Material to a more limited group of individuals or entities than defined in paragraph 7 hereof, or granting access to specific documents designated as Confidential Material to specific individuals; or

b. be construed as an admission or agreement that any document designated as Confidential Material, in fact, is Confidential Material, or otherwise is entitled to any protective relief whatsoever; or

c. be construed to waive any applicable privilege, work-product privilege, or other protection or to affect the ability of a party to seek relief for an inadvertent disclosure of material protected by privilege, work-product protection, or other protection.

17. At the conclusion of the litigation between the stipulating parties, including the running of any time to appeal, a Designating Party shall send written notice within ninety (90) calendar days to any party in possession of Confidential Material, other than that which is contained in pleading, correspondence and deposition transcripts to request either the (a) return of such documents no later than thirty (30) calendar days after service of such written notice, or (b) destruction of such documents within the same thirty (30) calendar day time period.

18. As stated previously, when challenged it shall be the burden of the Designated Party to establish that the contested materials are Confidential Material and properly designated as "CONFIDENTIAL." Each stipulating party also reserves the right to apply to the Court to modify the terms of this Order in the event the party believes it to be necessary. In the event such an application is made, the parties shall be bound by this Order until it is modified by the Court.

I agree to the foregoing.

DATED: 9/8/15 LAW OFFICES OF VINCENT Y. LIN By: Vincent Y. Lin Attorney for Plaintiff A&A International Apparel Inc. DATED: 9/9/15 LAW OFFICES OF DAVID S. LIN By: David S. Lin Attorney for Defendants Yan Na "Anna Xu, Jin Liang Li, Rosa Maria Chavolla, Fashion Power, Inc., Songlan Zhen, Sexy Couture, Inc., and Li Zhen Li DATED: 9/10/15 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: Daniel H. Lee Attorney for Defendants ABCO International Freight (USA) Inc. and Shermin Kong

I agree to the foregoing Protective Order For Litigation signed by the litigants herein

Dated: February 17, 2016 THE BECKER LAW GROUP TODD A. FUSON, ESQ. Attorneys for Defendants and Cross-Complainants Kaiping Jiayi Longheng Garment Co., Ltd., Zhen Sun Li, Carnival Dragon (USA) Corp.

IT IS SO ORDERED.