Rand-Heart of New York Inc v. Netsol Technologies, Inc et al

Filing 81

PROTECTIVE ORDER by Magistrate Judge Patrick J. Walsh 79 . SEE ORDER. (im)

case;

:14-cv-Ub18I-PA-pJvv Document (9 HIeci ll/4/lb I-’age 1 01 lb I-’age iu #:b35

1
2
3

4
5
6
7

8
9

10
11

Sean T. Prosser Bar No. 163903
[e-mail]
Rick C. Liu, Bar No. 272886
RLiu(2perkinscoje. corn
PE u
W COlE LLP
11988 El Camino Real, Suite 350
San Diego, CA 92130
Telephone: [phone]
Facsimile: 858.720.5799

FILED

MELU&JSTi

NOV
CENTRAL

O 2815
~ F0 71A
J’WOT_ [q
F CALI

Attorneys for Defendants
NETSOL TECHNOLOGIES, INC.,
and NAJEEB GHAURI

DEPUTY

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

pswx

12
13
14
15

16
17

Case No. 2:14-CV-5787 PA (J)

In re NETSOL TECHNOLOGIES,
INC. SECURITIES LITIGATION

DISCOVERY MATTER
STIPULATION REGARDING
PROTECTIVE ORDER FOR
CONFIDENTIAL AND
PROPRIETARY INFORMATION

18
19

Pursuant to Local Civil Rules 7-1 and 52-4.1, IT IS HEREBY STIPULATED

20

by and among Lead Plaintiff Rand-Heart of New York, Inc. and Plaintiff Mike

21

Clementi and Defendants NetSol Technologies, Inc. ("NetSol") and Najeeb Ghauri,

22

subject to the Court’s approval, as follows:

23

1. A. PURPOSES AND LIMITATIONS

24

Discovery in this action is likely to involve production of confidential,

25

proprietary, or private information for which special protection from public

26

disclosure and from use for any purpose other than prosecuting this litigation may

27

be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

28

enter the following Stipulated Protective Order. The parties acknowledge that this
STIP. RE PROTECTIVE ORDER FOR
CONFIDENTIAL AND PROPRIETARY INFO

(ase

1

:i4-cv-U51fPA--PJvv

uocument

f

i-iiea ii/4/lb

page

OT lb

page

IL) #:b3b

Order does not confer blanket protections on all disclosures or responses to

2 discovery and that the protection it affords from public disclosure and use extends
3 only to the limited information or items that are entitled to confidential treatment
4 under the applicable legal principles. The parties further acknowledge, as set forth
5

in Section 12.3, below, that this Stipulated Protective Order does not entitle them to

6

file confidential information under seal; Civil Local Rule 79-5 sets forth the

7 procedures that must be followed and the standards that will be applied when a
8 party seeks permission from the court to file material under seal.
9
10

B. GOOD CAUSE STATEMENT
This action involves a publicly traded company, NetSol, and is likely to

11 involve the production and potential disclosure of confidential software
12 development information, sales information, customer and pricing lists, and other
13 valuable research, development, commercial, financial, technical and/or proprietary
14 information for which special protection from public disclosure and from use for
15 any purpose other than prosecution of this action is warranted. Such confidential
16 and proprietary materials and information consist of, among other things, software
17 development information, confidential business, financial and sales information,
18 information regarding confidential business practices, or other confidential research,
19 development, or commercial information (including information implicating
20 privacy rights of third parties), information otherwise generally unavailable to the
21 public or which may be privileged or otherwise protected from disclosure under
22 state or federal statutes, court rules, case decisions, or common law. Accordingly,
23 to expedite the flow of information, to facilitate the prompt resolution of disputes
24 over confidentiality of discovery materials, to adequately protect information the
25

parties are entitled to keep confidential, to ensure that the parties are permitted

26 reasonable necessary uses of such material in preparation for and in the conduct of
27 trial, to address their handling at the end of the litigation, and serve the ends of
28 justice, a protective order for such information is justified in this matter. It is the
2

- STIP. RE PROTECTIVE ORDER FOR
CONFIDENTIAL AND PROPRIETARY INFO

case

:i4-cv-Ub(f-F-A-PJw

uocument

f9

ieci ll/4/lb

page

3 UT lb

i-’age

Ill #:Zb.3(

1 intent of the parties that information will not be designated as confidential for
2 tactical reasons and that nothing be so designated without a good faith belief that it
3 has been maintained in a confidential, non-public manner, and there is good cause
4 why it should not be part of the public record of this case.

5
6

2. DEFINITIONS

2.1 Action: Rand-Heart of New York et al. v. Netsol Technologies, Inc. et

7 al., Case No. 14-CV-5787 PA (SHx), United States District Court, Central District
8 of California.
9

2.2 Challenging Party: a Party or Non-Party that challenges the

10 designation of information or items under this Order.
11

2.3 "CONFIDENTIAL" Information or Items: information (regardless of

12 how it is generated, stored or maintained) or tangible things that qualify for
13 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
14 the Good Cause Statement.

15

2.4 Counsel: The Parties’ Outside Counsel of Record and also House

16 Counsel (as well as their respective support staffs).
17

2.5

Designating Party: a Party or Non-Party that designates information or

18 items that it produces in disclosures or in responses to discovery as
19 "CONFIDENTIAL."
20

2.6 Disclosure or Discovery Material: all items or information, regardless

21 of the medium or manner in which it is generated, stored, or maintained (including,
22 among other things, testimony, transcripts, and tangible things), that are produced
23 or generated in disclosures or responses to discovery in this matter.
24

25

2.7 Expert: a person with specialized knowledge or experience in a matter
pertinent to the litigation who has been retained by a Party or its counsel to serve as

26 an expert witness or as a consultant in this Action.
27
28
SlIP. RE PROTECTIVE ORDER FOR
CONFIDENTIAL AND PROPRIETARY INFO

Case

:i4-cv-Ub1f-pA-pJW

1

uocument

19 HIU il/4/lb

page

4 OT lb

page

IL) #:Zb3b

2.8 House Counsel: attorneys who are employees of a party to this Action.

2 House Counsel does not include Outside Counsel of Record or any other outside
3 II counsel.
4
5

2.9 Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.

6

2.10 Outside Counsel of Record: attorneys who are not employees of a

7 party to this Action but are retained to represent or advise a party to this Action and
8 have appeared in this Action on behalf of that party or are affiliated with a law firm
9 which has appeared on behalf of that party, and includes support staff.
10

2.11 Party: any party to this Action, including all of its officers, directors,

11 employees, consultants, retained experts, and Outside Counsel of Record (and their
12 support staffs).
13

2.12 Producing Party: a Party or Non-Party that produces Disclosure or

14 Discovery Material in this Action.
15

2.13 Professional Vendors: persons or entities that provide litigation

16 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
17 demonstrations, and organizing, storing, or retrieving data in any form or medium)
18 and their employees and subcontractors.
19

2.14 Protected Material: any Disclosure or Discovery Material that is

20 designated as "CONFIDENTIAL."
21

2.15 Receiving Party: a Party that receives Disclosure or Discovery

22 Material from a Producing Party.
23

3.

SCOPE

24

The protections conferred by this Stipulation and Order cover not only

25

Protected Material (as defined above), but also (1) any information copied or

26 extracted from Protected Material; (2) all copies, excerpts, summaries, or
27 compilations of Protected Material; and (3) any testimony, conversations, or
28

nresenthtinns by Prti nr thir

riin1

fhit niiohf rutl 13rtfic1 1jI+rn1

4

STIP. RE PROTECTIVE ORDER FOR
CONFIDENTIAL AND PROPRIETARY INFO

p case

:14-cv-U5R31-PA-pJw

1
2

Document

19 F-flO ii/Z411b

Iage

5 OT lb

page

IL) #Zb9

Any use of Protected Material at trial shall be governed by the orders of the
trial judge. This Order does not govern the use of Protected Material at trial.

3 4. DURATION
4

Even after final disposition of this litigation, the confidentiality obligations

5

imposed by this Order shall remain in effect until a Designating Party agrees

6

otherwise in writing or a court order otherwise directs. Final disposition shall be

7

deemed to be the later of (1) dismissal of all claims and defenses in this Action,

8 with or without prejudice; and (2) final judgment herein after the completion and
9 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
10 including the time limits for filing any motions or applications for extension of time
11 pursuant to applicable law.
12
13

5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

14 Each Party or Non-Party that designates information or items for protection under
15

this Order must take care to limit any such designation to specific material that

16 qualifies under the appropriate standards. The Designating Party must designate for
17 protection only those parts of material, documents, items, or oral or written
18 communications that qualify so that other portions of the material, documents,
19 items, or communications for which protection is not warranted are not swept
20 unjustifiably within the ambit of this Order.
21

Mass, indiscriminate, or routinized designations are prohibited. Designations

22 that are shown to be clearly unjustified or that have been made for an improper
23 purpose (e.g., to unnecessarily encumber the case development process or to
24 impose unnecessary expenses and burdens on other parties) may expose the
25
26

Designating Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it

27 designated for protection do not qualify for protection, that Designating Party must
28

ify all other Parties that it is wi

ving the inapplicable designation.
STIP. RE PROTECTIVE ORDER FOR
CONFIDENTIAL AND PROPRIETARY INFO

ease

1

4:14-Cv-U5181-PA-PJw

5.2

Document

19

1-wall/Z4/lb

page

b UT lb

page ID

#:54U

Manner and Timing of Designations. Except as otherwise provided in

2 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
4 under this Order must be clearly so designated before the material is disclosed or

5
6

7

produced.
Designation in conformity with this Order requires:
(a)

for information in documentary form (e.g., paper or electronic

8 documents, but excluding transcripts of depositions or other pretrial or trial

9

proceedings), that the Producing Party affix at a minimum, the legend

10 "CONFIDENTIAL" (hereinafter "CONFIDENTIAL legend"), to each page that
11 contains protected material. If only a portion or portions of the material on a page
12 qualifies for protection, the Producing Party also must clearly identify the protected
13 portion(s) (e.g., by making appropriate markings in the margins).
14’

A Party or Non-Party that makes original documents available for inspection

15 need not designate them for protection until after the inspecting Party has indicated
16 which documents it would like copied and produced. During the inspection and
17 before the designation, all of the material made available for inspection shall be
18 deemed "CONFIDENTIAL." After the inspecting Party has identified the
19 documents it wants copied and produced, the Producing Party must determine
20 which documents, or portions thereof, qualify for protection under this Order.
21 Then, before producing the specified documents, the Producing Party must affix the
22 "CONFIDENTIAL legend" to each page that contains Protected Material. If only a
23 portion or portions of the material on a page qualifies for protection, the Producing
24 Party also must clearly identify the protected portion(s) (e.g., by making

25
26

appropriate markings in the margins).
(b)

for testimony given in depositions that the Designating Party

27 identify the Disclosure or Discovery Material on the record, before the close of the
28

ition all
6

STIP. RE PROTECTIVE ORDER FOR
CONFIDENTIAL AND PROPRIETARY INFO

ase

:14-cv-Ub15I-F-’A-1-’Jw iiocument ig F-flea 11I4Il5

(c)

1

F’age lOT lb I-’age 1L 4:Zb41

for information produced in some form other than documentary

2 and for any other tangible items, that the Producing Party affix in a prominent place
3 on the exterior of the container or containers in which the information is stored the
4 legend "CONFIDENTIAL." If only a portion or portions of the information
5

warrants protection, the Producing Party, to the extent practicable, shall identify the

6

protected portion(s).

7

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

8 failure to designate qualified information or items does not, standing alone, waive
9 the Designating Party’s right to secure protection under this Order for such
10 material. Upon timely correction of a designation, the Receiving Party must make
11 reasonable efforts to assure that the material is treated in accordance with the
12 provisions of this Order.
13 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
14

6.1 Timing of Challenges. Any Party or Non-Party may challenge a

15 designation of confidentiality at any time that is consistent with the Court’s
16 Scheduling Order.
17

6.2 Meet and Confer. The Challenging Party shall initiate the dispute

18 resolution process under Local Rule 37.1 et seq.
19

6.3 The burden of persuasion in any such challenge proceeding shall be on

20 the Designating Party. Frivolous challenges, and those made for an improper
21 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
22 parties) may expose the Challenging Party to sanctions. Unless the Designating
23 Party has waived or withdrawn the confidentiality designation, all parties shall
24 continue to afford the material in question the level of protection to which it is
25

entitled under the Producing Party’s designation until the Court rules on the

26 challenge.
27
28
7

STIP. RE PROTECTIVE ORDER FOR
CONFIDENTIAL AND PROPRIETARY INFO

uase a4-cv-U5RsI-pA-pJw

1

uocument 19 F- fl 111Z4115 I-age

UT lb

i-ageiult2b42

7. ACCESS TO AND USE OF PROTECTED MATERIAL

2

7.1 Basic Principles. A Receiving Party may use Protected Material that is

3 disclosed or produced by another Party or by a Non-Party in connection with this
4 Action only for prosecuting, defending, or attempting to settle this Action. Such
5

Protected Material may be disclosed only to the categories of persons and under the

6

conditions described in this Order. When the Action has been terminated, a

7 Receiving Party must comply with the provisions of section 13 below (FINAL
8 DISPOSITION).
9

Protected Material must be stored and maintained by a Receiving Party at a

10 location and in a secure manner that ensures that access is limited to the persons
11 authorized under this Order.
12

7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless

13 otherwise ordered by the court or permitted in writing by the Designating Party, a
14 Receiving Party may disclose any information or item designated
15

"CONFIDENTIAL" only to:

16

(a)

the Receiving Party’s Outside Counsel of Record in this Action,

17 as well as employees of said Outside Counsel of Record to whom it is reasonably
18 necessary to disclose the information for this Action;
19

(b)

the officers, directors, and employees (including House

20 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this
21 Action;
22

(c)

Experts (as defined in this Order) of the Receiving Party to

23 whom disclosure is reasonably necessary for this Action and who have signed the
24 "Acknowledgment and Agreement to Be Bound" (Exhibit A);
25

(d)

the court and its personnel;

26

(e)

court reporters and their staff;

27

(0

professional jury or trial consultants, mock jurors, and

28 Professional Vendors to whom disclosure is reasonably necessary for this Action
STIP. RE PROTECTIVE ORDER FOR
8
CONFIDENTIAL AND PROPRIETARY INFO

case

4:14-cv-Ub(8(-1-A-PJvv

Document

t’9

ieci

11I4I15

page

9 OT lb

I-’age ID 1:543

1 and who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit
2 A);
3

(g)

the author or recipient of a document containing the information

4 or a custodian or other person who otherwise possessed or knew the information;
5
6

(h)

during their depositions, witnesses, and attorneys for witnesses,

in the Action to whom disclosure is reasonably necessary provided: (1) the

7 deposing party requests that the witness sign the form attached as Exhibit A hereto;
8 and (2) they will not be permitted to keep any confidential information unless they
9 sign the "Acknowledgment and Agreement to Be Bound" (Exhibit A), unless
10 otherwise agreed by the Designating Party or ordered by the court. Pages of
11 transcribed deposition testimony or exhibits to depositions that reveal Protected
12 Material may be separately bound by the court reporter and may not be disclosed to
13 anyone except as permitted under this Stipulated Protective Order; and
14

(i)

any mediator or settlement officer, and their supporting

15 personnel, mutually agreed upon by any of the parties engaged in settlement
16 discussions.
17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
18 IN OTHER LITIGATION
19

If a Party is served with a subpoena or a court order issued in other litigation

20 that compels disclosure of any information or items designated in this Action as
21 "CONFIDENTIAL," that Party must:
22

(a)

promptly notify in writing the Designating Party. Such

23 notification shall include a copy of the subpoena or court order;
24
25

(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

26 subpoena or order is subject to this Protective Order. Such notification shall include
27 a copy of this Stipulated Protective Order; and
28
9

- STIP. RE PROTECTIVE ORDER FOR
CONFIDENTIAL AND PROPRIETARY INFO

uase zAl4-CV-U5’w’-I-’A-F-’Jw

1

(c)

Document fY

ieci 111Z4/lb iage 1U 01 lb

page IL) :Zb44

cooperate with respect to all reasonable procedures sought to be

2 pursued by the Designating Party whose Protected Material may be affected.
3

If the Designating Party timely seeks a protective order, the Party served with

4 the subpoena or court order shall not produce any information designated in this
5

action as "CONFIDENTIAL" before a determination by the court from which the

6

subpoena or order issued, unless the Party has obtained the Designating Party’s

7 permission. The Designating Party shall bear the burden and expense of seeking
8 protection in that court of its confidential material and nothing in these provisions
9 should be construed as authorizing or encouraging a Receiving Party in this Action
10 to disobey a lawful directive from another court.
11 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
12 PRODUCED IN THIS LITIGATION
13

(a)

The terms of this Order are applicable to information produced

14 by a Non-Party in this Action and designated as "CONFIDENTIAL." Such
15

information produced by Non-Parties in connection with this litigation is protected

16 by the remedies and relief provided by this Order. Nothing in these provisions
17 should be construed as prohibiting a Non-Party from seeking additional protections.
18

(b)

In the event that a Party is required, by a valid discovery

19 request, to produce a Non-Party’s confidential information in its possession, and the
20 Party is 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

23 Non-Party that some or all of the information requested is subject to a
24 confidentiality agreement with a Non-Party;
25

(2) promptly provide the Non-Party with a copy of the

26 Stipulated Protective Order in this Action, the relevant discovery request(s), and a
27 reasonably specific description of the information requested; and
28
10

STIP. RE PROTECTIVE ORDER FOR
CONFIDENTIAL AND PROPRIETARY INFO

uase;

I lI-PA-PJVV

1

uocument

19

i-iiea ii/?4/lb

page

ii T lb

page iu

#:Zb45

(3) make the information requested available for inspection

2 by the Non-Party, if requested.
3

(c)

If the Non-Party fails to seek a protective order from this court

4 within 14 days of receiving the notice and accompanying information, the
5

Receiving Party may produce the Non-Party’s confidential information responsive

6 to the discovery request. If the Non-Party timely seeks a protective order, the
7

Receiving Party shall not produce any information in its possession or control that

8 is subject to the confidentiality agreement with the Non-Party before a
9 determination by the court. Absent a court order to the contrary, the Non-Party shall
10 bear the burden and expense of seeking protection in this court of its Protected
11

Material.

12 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
13

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

14 Protected Material to any person or in any circumstance not authorized under this
15

Stipulated Protective Order, the Receiving Party must immediately (a) notify in

16 writing the Designating Party of the unauthorized disclosures, (b) use its best
17 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
18 person or persons to whom unauthorized disclosures were made of all the terms of
19 this Order, and (d) request such person or persons to execute the "Acknowledgment
20 and Agreement to Be Bound" that is attached hereto as Exhibit A.
21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
22 PROTECTED MATERIAL
23

When a Producing Party gives notice to Receiving Parties that certain

24 inadvertently produced material is subject to a claim of privilege or other
25 protection, the obligations of the Receiving Parties are those set forth in Federal
26 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
27 whatever procedure may be established in an e-discovery order that provides for
28

uction without prior privilege review. Pursuant to Federal Rule of Evidence
STIP. RE PROTECTIVE ORDER FOR
11
CONFIDENTIAL AND PROPRIETARY INFO

case

1

?l4-Cv-Ub’5f-PA-PJW

uocument

19

i-yea

111Z4115

page

lZ 01 lb

page

IL) 1Z54b

5 02(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

2 of a communication or information covered by the attorney-client privilege or work
3 product protection, the parties may incorporate their agreement in the stipulated
4 protective order submitted to the court.
5

12. MISCELLANEOUS

6

12.1 Right to Further Relief. Nothing in this Order abridges the right of any

7 person to seek its modification by the Court in the future.
8
9

12.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective Order no Party waives any right it otherwise would have to object to

10 disclosing or producing any information or item on any ground not addressed in
11 this Stipulated Protective Order. Similarly, no Party waives any right to object on
12 any ground to use in evidence of any of the material covered by this Protective
13 Order.
14

12.3 Filing Protected Material. A Party that seeks to file under seal any

15 Protected Material must comply with Civil Local Rule 79-5. Protected Material
16 may only be filed under seal pursuant to a court order authorizing the sealing of the
17 specific Protected Material at issue. If a Party’s request to file Protected Material
18 under seal is denied by the court, then the Receiving Party may file the information
19 in the public record unless otherwise instructed by the court.
20 13. FINAL DISPOSITION
21

After the final disposition of this Action, as defined in paragraph 4, within 60

22 days of a written request by the Designating Party, each Receiving Party must
23 return all Protected Material to the Producing Party or destroy such material. As
24 used in this subdivision, "all Protected Material" includes all copies, abstracts,
25

compilations, summaries, and any other format reproducing or capturing any of the

26 Protected Material. Whether the Protected Material is returned or destroyed, the
27 Receiving Party must submit a written certification to the Producing Party (and, if
28 not the same person or entity, to the Designating Party) by the 60 day deadline that
STIP. RE PROTECTIVE ORDER FOR
12
CONFIDENTIAL AND PROPRIETARY INFO

uase;

(8(-PA-PJW

uocument ,’y }-IIea il/4/ib page

i

OT lb

rage

ID 11:Zb41

1

(1) identifies (by category, where appropriate) all the Protected Material that was

2

returned or destroyed and (2) affirms that the Receiving Party has not retained any

3

copies, abstracts, compilations, summaries or any other format reproducing or

4

capturing any of the Protected Material. Notwithstanding this provision, Counsel

5

are entitled to retain an archival copy of all pleadings, motion papers, trial,

6

deposition, and hearing transcripts, legal memoranda, correspondence, deposition

7

and trial exhibits, expert reports, attorney work product, and consultant and expert

8

work product, even if such materials contain Protected Material. Any such archival

9

copies that contain or constitute Protected Material remain subject to this Protective

10

Order as set forth in Section 4 (DURATION).

11

14. Any violation of this Order may be punished by any and all appropriate

12

measures including, without limitation, contempt proceedings and/or monetary

13

sanctions.

14
15

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: November 24, 2015

PERKINS ColE LLP

16
17
18
19
20
21
22
23

By: /s/ Sean T. Prosser
Sean T. Prosser
11988 El Camino Real, Suite 350
San Diego, CA 92130
Telephone: [phone]
Facsimile: 858.720.5799
Email: [e-mail]

Attorneys for Defendants
NetSol Technologies, Inc., and
Najeeb Ghauri

24
25
26
27
28
13

STIR RE PROTECTIVE ORDER FOR
CONFIDENTIAL AND PROPRIETARY INFO

uase

æl4 CV- Ub1f-F-’A-F1 JW

uocument

1
2

Dated: November 24, 2015

19

1-ilea

11I24Ilb

Fi age

1401 lb

iage

ID #:Zb4

GAINEY MCKENNA & EGLESTON

By: Is! Thomas J. McKenna
Thomas J. McKenna (admitted Pro Hac
Vice)
[e-mail]
440 Park Avenue South, 5th Floor
New York, NY 10016
Tel: [phone]
Fax: [phone]

3
4
5
6
7

8

Lead Counsel for Lead Plaintiff RandHeart of New York, Inc., Plaintiff Mike
Clementi, and the Putative Class

9

10
11

Patrice L. Bishop (182256)

I VA

STULL, STULL & BRODY

13

9430 West Olympic Boulevard, Suite
400
Beverly Hills, CA 90212
Tel: [phone]
Fax: [phone]
[e-mail]

14
15
16
17

Liaison Counselfor Lead Plaintiff
Rand-Heart of New York, Inc.,
Plaintiff Mike Clementi, and the
Putative Class

18
19
20
21
22
23

,z.

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
DATED:
A\

I\

I

2
2O /

H on. t phen-JT1l1nian
PATRICK J. WALSH
United States Magistrate Judge

25

26
27
14

STIP. RE PROTECTIVE ORDER FOR
CONFIDENTIAL AND PROPRIETARY INFO

uase ql4-cv-Ubs1-PA-PJw uocument

19

1-ilea ll/Z411b

page lb UT ].ti page lu

1:Zb49

1

2

EXHIBIT A

3

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

4 I,

[print or type full name], of

5

[print or type full address], declare under penalty of perjury

6

that I have read in its entirety and understand the Stipulated Protective Order that

7

was issued by the United States District Court for the Central District of California

8 on
9

in the case of Rand-Heart of New York et al. v. Netsol

Technologies, Inc. et al., Case No. 14-CV-5787 PA (SHx). I agree to comply with

10 and to be bound by all the terms of this Stipulated Protective Order and I
11 understand and acknowledge that failure to so comply could expose me to sanctions
12 and punishment in the nature of contempt. I solemnly promise that I will not
13 disclose in any manner any information or item that is subject to this Stipulated
14 Protective Order to any person or entity except in strict compliance with the
15 provisions of this Order.
16 I further agree to submit to the jurisdiction of the United States District Court for
17 the Central District of California for the purpose of enforcing the terms of this
18 Stipulated Protective Order, even if such enforcement proceedings occur after
19 termination of this action. I hereby appoint
20 or type full name] of

[print
[print or type

21 full address and telephone number] as my California agent for service of process in
22 connection with this action or any proceedings related to enforcement of this
23 Stipulated Protective Order.
24 Date:
25.

City and State where sworn and signed:

26
27

I

r r-

%1%4 II(4III%..

28 Signature:
15
128745022.1

case z

(31-PA-I-’JW

uocument

t9

I-flea

11124115

page

lb 01 lb

page lu

#:bbU

1

CERTIFICATE OF SERVICE

2

The undersigned hereby certifies that a true and correct copy of the above

3

and foregoing document has been served on November 24, 2015 to all counsel of

4

record who are deemed to have consented to electronic service via the Court’s

5

CMIECF system.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Any other counsel of record will be served by electronic mail.

Is! Sean T. Prosser

Sean T. Prosser
[e-mail]