Jenhanco, Inc. v. Hertz Global Holdings, Inc. et al

Filing 51

PROTECTIVE ORDER FOR STANDARD LITIGATION by Magistrate Judge Patrick J. Walsh. re Stipulation for Protective Order 50 (sbou)

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THOMAS V. GIRARDI, State Bar No. 36603
[e-mail]
JOHN K. COURTNEY, State Bar No. 136720
[e-mail]
GIRARDI  K E E S E
1126 Wilshire Boulevard
Los Angeles, California 90017
Telephone:
[phone]
Facsimile:
[phone]
DONALD J. WINDER, Pro Hac Vice
[e-mail]
WINDER & COUNSEL, PC
460 South 400 East
Salt Lake City, Utah 84111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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RACHEL E. K. LOWE, SBN 246361
[e-mail]
DLA PIPER LLP (US)
2000 Avenue of the Stars
Suite 400, North Tower
Los Angeles, California 90067-4704
Telephone: [phone] Facsimile: [phone]

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BARRY M. HELLER, Pro Hac Vice
[e-mail]
DLA PIPER LLP (US)
One Fountain Square
11911 Freedom Drive, Suite 300
Reston, Virginia 20190-5602
Telephone: [phone] Facsimile: [phone]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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Case No. 2:15-cv-04191-ODW(PJWx)
JENHANCO, INC., a Utah Corporation

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Plaintiff,
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v.
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THE HERTZ CORPORATION, DOLLAR
RENT A CAR, INC., DOLLAR THRIFTY
AUTOMOTIVE GROUP, INC., and DOES 1
through 10,
Defendants.

STIPULATED PROTECTIVE ORDER FOR
STANDARD LITIGATION
Complaint Filed:
Jury Trial:

April 23, 2015
None Set

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1.

PURPOSES AND LIMITATIONS

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Disclosure and discovery activity in this action are likely to involve production

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of confidential, proprietary, or private information for which special protection from

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

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

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to enter the following Stipulated Protective Order. The parties acknowledge that this

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

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and that the protection it affords from public disclosure and use extends only to the

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limited information or items that are entitled to confidential treatment under the

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applicable legal principles. The parties further acknowledge, as set forth in Section

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

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

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that must be followed and the standards that will be applied when a party seeks

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permission from the court to file material under seal.

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2.

DEFINITIONS

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2.1

Challenging Party: A Party or Non-Party that challenges the designation of

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information or items under this Order.

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2.2

“CONFIDENTIAL” Information or Items: Information (regardless of

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how it is generated, stored or maintained) or tangible things that qualify for protection

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under Federal Rule of Civil Procedure 26(c), and that is not designated as “HIGHLY

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CONFIDENTIAL-ATTORNEY’S EYES ONLY.”

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2.3

Counsel: Outside Counsel of Record and House Counsel (as well as their

support staff).
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Designating Party: A Party or Non-Party that designates information or

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items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” (A Party may, if appropriate,

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designate information or items produced by another Party or Non-Party as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.”)
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2.5

Disclosure or Discovery Material: All items or information, regardless of

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the medium or manner in which it is generated, stored, or maintained (including,

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among other things, testimony, transcripts, and tangible things), that are produced or

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generated in disclosures or responses to discovery in this matter.

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2.6

Expert: A person with specialized knowledge or experience in a matter

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pertinent to the litigation who has been retained by a Party or its counsel to serve as an

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expert witness or as a consultant in this action.

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2.7

“HIGHLY CONFIDENTIAL” Information or Items:

Information

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(regardless of how it is generated, stored, or maintained) or tangible things which the

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Designating Party reasonably believes to be so competitively sensitive that it is

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entitled to extraordinary protections, including, but not limited to, trade secrets,

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proprietary information, technological data, internal and private financial information,

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pricing and cost information, business plans or strategies, business models, strategic

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or competitive information, and/or other confidential research, development, or

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commercial information as to which the producing party has taken reasonable steps to

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protect the sensitive nature of such information. The parties intend the “HIGHLY

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CONFIDENTIAL” information category to be a narrow category that is used to

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safeguard information that, if disclosed to the principals of the opposing side,

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reasonably could lead to competitive harm. Documents, things and information shall

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not be designated as “HIGHLY CONFIDENTIAL” information if the information or

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documents:
a.

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than by violation of this Order;
b.

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Is acquired by the non-designating party from a third party

having the right to disclose such documents, things and information; or
c.

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Was, is, or becomes public knowledge in a manner other

Was lawfully possessed by the non-designating party prior

to the entry by the court of this Order.
2.8

House Counsel:

Attorneys who are employees of a party (or of an
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affiliate, parent, subsidiary or related entity of a party) to this action. House Counsel

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does not include Outside Counsel of Record or any other outside counsel.
2.9

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Non-Party: Any natural person, partnership, corporation, association, or

other legal entity not named as a Party to this action.

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2.10 Outside Counsel of Record: Attorneys (and their support staffs) who are

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not employees of a party to this action but are retained to represent or advise a party to

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this action and have appeared in this action on behalf of that party or are affiliated

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with a law firm which has appeared on behalf of that party.
2.11 Party: Any party to this action, including all of its officers, directors,

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agents and employees.
2.12 Producing Party:

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A Party or Non-Party that produces Disclosure or

Discovery Material in this action.

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2.13 Professional Vendors: Persons or entities that provide litigation support

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services (e.g., photocopying, videotaping, translating, preparing exhibits or

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demonstrations, and organizing, storing, or retrieving data in any form or medium)

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and their employees and subcontractors.

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2.14 Protected Material:

Any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEY’S

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EYES ONLY.”
2.15 Receiving Party: A Party that receives Disclosure or Discovery Material

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from a Producing Party.
2.16 Materials, Information and Items:

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These terms as used in this Order

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are intended to be interchangeable and the use of one in a particular instance is not

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intended to exclude the others.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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

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from Protected Material; (2) all copies, excerpts, summaries, or compilations of
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Protected Material; and (3) any testimony, conversations, or presentations by Parties

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or their Counsel that might reveal Protected Material. However, the protections

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conferred by this Stipulation and Order do not cover the following information: (a)

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any information that is in the public domain at the time of disclosure to a Receiving

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Party or becomes part of the public domain after its disclosure to a Receiving Party as

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a result of publication not involving a violation of this Order, including becoming part

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of the public record through trial or otherwise; and (b) any information known to the

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Receiving Party prior to the disclosure or obtained by the Receiving Party after the

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disclosure from a source who obtained the information lawfully and under no

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obligation of confidentiality to the Designating Party. Any use of Protected Material at

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trial shall be governed by a separate agreement or order.

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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

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

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

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without prejudice; and (2) final judgment herein after the completion and exhaustion

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of all appeals, rehearings, remands, trials, or reviews of this action, including the time

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limits for filing any motions or applications for extension of time pursuant to

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applicable law.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection:

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

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

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under the appropriate standards. The Designating Party must designate for protection

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only those parts of material, documents, items, or oral or written communications that

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qualify – so that other portions of the material, documents, items, or communications

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for which protection is not warranted are not swept unjustifiably within the ambit of
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this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper

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purpose (e.g., to unnecessarily encumber or retard the case development process or to

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impose unnecessary expenses and burdens on other parties) expose the Designating

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Party to sanctions.

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

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

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promptly notify all other Parties that it is withdrawing the mistaken designation.

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5.2

Manner and Timing of Designations: Except as otherwise provided in

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this Order (see, e.g., Section 5.2(a) below), or as otherwise stipulated or ordered,

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Disclosure or Discovery Material that qualifies for protection under this Order must be

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clearly so designated before the material is disclosed or produced (except when a

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Party designates material produced by another Party or Non-Party, in which case the

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designation should be made promptly after the material is produced)

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Designation in conformity with this Order requires:
(a)

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

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

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proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL-ATTORNEY’S EYES ONLY”

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contains protected material. If only a portion or portions of the material on a page

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qualifies for protection, the Producing Party also must clearly identify the protected

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portion(s) (e.g., by making appropriate markings in the margins). A Party or Non-

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Party who makes original documents or materials available for inspection need not

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designate them for protection until after the inspecting Party has indicated which

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material it would like copied and produced. During the inspection and before the

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designation, all of the material made available for inspection shall be deemed

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEY’S EYES ONLY.”
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to each page that

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After the inspecting Party has identified the documents it wants copied and produced,

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the Producing Party must determine which documents, or portions thereof, qualify for

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protection under this Order. Then, before producing the specified documents, the

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Producing Party must affix the “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-

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ATTORNEY’S EYES ONLY” legend to each page that contains Protected Material.

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If only a portion or portions of the material on a page qualifies for protection, the

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Producing Party also must clearly identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).
(b)

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For testimony given in deposition or in other pretrial or trial

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proceedings, that the Designating Party identify on the record, before the close of the

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deposition, hearing, or other proceeding, all protected testimony or make such

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designation within 14 business days of receipt of the transcript (and until that time

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period has expired, testimony shall be considered protected).

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(c) For information produced in some form other than documentary and for

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any other tangible items, that the Producing Party affix in a prominent place on the

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exterior of the container or containers in which the information or item is stored the

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legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEY’S EYES

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ONLY.” If only a portion or portions of the information or item warrant protection,

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the Producing Party, to the extent practicable, shall identify the protected portion(s).

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(d) When a Party designates material produced by another Party or Non-

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Party as protected, that Party shall notify the Producing Party in writing of its

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designation and the provisions of this Section shall be complied with by the

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Producing Party promptly to protect that material.

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5.3

Inadvertent Failures to Designate: If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone, waive the

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Designating Party’s right to secure protection under this Order for such material.

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Upon timely correction of a designation, the Receiving Party must make reasonable

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efforts to assure that the material is treated in accordance with the provisions of this
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Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges:

Any Party or Non-Party may challenge a

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designation of confidentiality at any time until the close of discovery. Unless a prompt

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challenge to a Designating Party’s confidentiality designation is necessary to avoid

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foreseeable, substantial unfairness, unnecessary economic burdens, or a significant

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disruption or delay of the litigation, a Party does not waive its right to challenge a

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confidentiality designation by electing not to mount a challenge promptly after the

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original designation is disclosed.

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6.2

Meet and Confer:

The Challenging Party shall initiate the dispute

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resolution process by providing written notice to the Designating Party of each

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designation it is challenging and describing the basis for each challenge. To avoid

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ambiguity as to whether a challenge has been made, the written notice must recite that

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the challenge to confidentiality is being made in accordance with this specific

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paragraph of the Protective Order. The parties shall attempt to resolve each challenge

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in good faith and must begin the process by conferring directly (in voice to voice

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dialogue; other forms of communication are not sufficient) within 14 days of the date

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of service of notice. In conferring, the Challenging Party must explain the basis for its

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belief that the confidentiality designation was not proper and must give the

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Designating Party an opportunity to review the designated material, to reconsider the

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circumstances, and, if no change in designation is offered, to explain the basis for the

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chosen designation. A Challenging Party may proceed to the next stage of the

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challenge process only if it has engaged in this meet and confer process first or

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establishes that the Designating Party is unwilling to participate in the meet and confer

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process in a timely manner.

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6.3

Judicial Intervention: If the Parties cannot resolve a challenge without

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court intervention, the Challenging Party shall file and serve a motion to remove

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confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule 798

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5, if applicable) within 21 days of the initial notice of challenge or within 14 days of

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the parties agreeing that the meet and confer process will not resolve their dispute,

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whichever is earlier. Each such motion must be accompanied by a competent

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declaration affirming that the movant has complied with the meet and confer

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requirements imposed in the preceding paragraph. Failure by the Challenging Party to

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make such a motion (including the required declaration) within the earlier of (i) 21

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days of the initial notice of challenge or (ii) 14 days of the parties agreeing that the

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meet and confer process will not resolve their dispute shall automatically waive the

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right to challenge the confidentiality designation for each challenged designation that

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was the subject of the notice of challenge. In addition, the Designating Party may, but

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is not required to, file a motion to retain a confidentiality designation at any time if

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there is good cause for doing so. .

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must be accompanied by a competent declaration affirming that the movant has

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complied with the meet and confer requirements imposed by the preceding paragraph.

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(Depending upon the volume of the designations being challenged, the court, on

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motion of any Party, shall extend these time periods.)

Any motion brought pursuant to this provision

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

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Designating Party. Frivolous challenges, and those made for an improper purpose

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(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

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expose the Challenging Party to sanctions. Notwithstanding any notice of challenge

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served or motion filed with respect to confidentiality, all parties shall continue to

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afford the material in question the level of protection to which it is entitled under the

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Producing Party’s designation until the court rules on the challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles: A Receiving Party may use Protected Material that is

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disclosed or produced by another Party or by a Non-Party in connection with this case

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only for prosecuting, defending, or attempting to settle this litigation. Such Protected

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Material may be disclosed only to the categories of persons and under the conditions
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described in this Order. When the litigation has been terminated, a Receiving Party

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must comply with the provisions of section 13 below (FINAL DISPOSITION).

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

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location and in a secure manner that ensures that access is limited to the persons

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authorized under this Order.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items: Unless

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otherwise ordered by the court or permitted in writing by the Designating Party, a

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Receiving Party may disclose any information or item designated “CONFIDENTIAL”

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only to:

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(a) The Receiving Party’s Outside Counsel of Record in this action, as well

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as employees of said Outside Counsel of Record to whom it is reasonably necessary to

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disclose the information for this litigation;

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(b) The officers, directors, and employees (including House Counsel) of the

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Receiving Party to whom disclosure is reasonably necessary for this litigation and

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who, except for House Counsel, have signed the “Acknowledgment and Agreement to

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Be Bound” (Exhibit A);

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

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disclosure is reasonably necessary for this litigation and who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(d) The court and its personnel;

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(e) Court reporters and their staff, professional jury or trial consultants,

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mock jurors, and Professional Vendors to whom disclosure is reasonably necessary

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for this litigation and who have signed the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A);

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(f) During their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the “Acknowledgment and Agreement to

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Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered

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by the court. Pages of transcribed deposition testimony or exhibits to depositions that
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reveal Protected Material must be separately bound by the court reporter and may not

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be disclosed to anyone except as permitted under this Stipulated Protective Order.
(g) The author or recipient of a document containing the information or a

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custodian or other person who otherwise possessed or knew the information.
7.3

HIGHLY CONFIDENTIAL Information shall be marked “HIGHLY

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CONFIDENTIAL- ATTORNEY’S EYES ONLY” or, if the information is disclosed

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in testimony, designated in the manner set forth in section 5.2(b) above. HIGHLY

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CONFIDENTIAL Information may be disclosed only to: (1) Counsel and support

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staff of such counsel; (2) the court and court personnel in this lawsuit under seal as

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set forth in the paragraph below; (3) court reporters and their staff to whom

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disclosure is reasonably necessary for this litigation and who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A); and (4) experts or

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consultants to whom it is necessary that the materials be shown for purposes of this

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litigation, and who, as a precondition to receipt of any HIGHLY CONFIDENTIAL

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Information, have been shown this Order and have executed the attached Exhibit A,

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agreeing to be bound by this Order. HIGHLY CONFIDENTIAL Information may

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be shown to a Non-Party witness during the course of discovery or a deposition so

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long as it is stated on the face of each document designated “HIGHLY

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CONFIDENTIAL-ATTORNEY’S EYES ONLY” being disclosed that the witness

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to whom a Party is seeking to disclose the document was either an author, recipient,

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or otherwise involved in the creation of the document, or the Party seeking

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disclosure has a reasonable basis for believing that the witness in fact received or

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reviewed the document and the Party seeking disclosure provides advance written

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notice to the Party that produced the document. Additionally, in the event that any

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question is asked at a deposition with which a Party asserts that the answer requires

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the disclosure of Protected Information, such question shall nonetheless be answered

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by the witness fully and completely. Prior to answering, however, all persons

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present shall be advised of this Order by the party making the confidentiality
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assertion

and,

in

the

case

of

information

designated

as

“HIGHLY

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CONFIDENTIAL-ATTORNEY’S EYES ONLY” at the request of such party, all

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persons who are not allowed to obtain such information pursuant to this Order, other

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than the witness, shall leave the room during the time in which this information is

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disclosed or discussed.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

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OTHER LITIGATION OR ARBITRATION

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

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other litigation or arbitration that compels disclosure of any information or items

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designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-

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ATTORNEY’S 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/arbitration order;

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(b) Promptly notify in writing the party who caused the subpoena or order

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to issue in the other litigation/arbitration that some or all of the material covered by

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the subpoena or order is subject to this Protective Order. Such notification shall

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include a copy of this Stipulated Protective Order; and

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(c) Cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.

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

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with the subpoena or court/arbitration order shall not produce any information

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designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-

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ATTORNEY’S EYES ONLY” before a determination by the court from which the

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subpoena or order issued (or in the case of an arbitration, by a court having

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jurisdiction), unless the Party has obtained the Designating Party’s permission. The

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Designating Party shall bear the burden and expense of seeking protection in that

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court of its confidential material – and nothing in these provisions should be construed

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as authorizing or encouraging a Receiving Party in this action to disobey a lawful
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directive from another court or arbitrator.

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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
IN THIS LITIGATION

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(a) The terms of this Order are applicable to information produced by a

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Non-Party in this action and designated as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL-ATTORNEY’S EYES ONLY.” Such information produced by

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Non-Parties in connection with this litigation is protected by the remedies and relief

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provided by this Order. Nothing in these provisions should be construed as prohibiting

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a Non-Party from seeking additional protections or from a Party designating

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information produced by a Non-Party as protected.

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(b) In the event that a Party is required, by a valid discovery request, to

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

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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:

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(1) Promptly notify in writing the requesting party and the Non-Party

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that some or all of the information requested is subject to a confidentiality agreement

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with a Non-Party;
(2)

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Promptly provide the Non-Party with a copy of the Stipulated

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Protective Order in this litigation, the relevant discovery request(s), and a reasonably

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specific description of the information requested; and
(3) Make the information requested available for inspection by the Non-

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Party.

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(c) If the Non-Party fails to object or seek a protective order from this court

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within 14 days of receiving the notice and accompanying information, the Receiving

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

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discovery request. If the Non-Party timely seeks a protective order, the Receiving

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Party shall not produce any information in its possession or control that is subject to

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the confidentiality agreement with the Non-Party before a determination by the court.
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Absent a court order to the contrary, the Non-Party shall bear the burden and expense

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of seeking protection in this court of its Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

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to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

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persons to whom unauthorized disclosures were made of all the terms of this Order,

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and (d) request such person or persons to execute the “Acknowledgment and

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Agreement to Be Bound” that is attached hereto as Exhibit A.

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED

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When a Producing Party gives notice to Receiving Parties that certain

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inadvertently produced material is subject to a claim of privilege or other protection,

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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

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may be established in an e-discovery order that provides for production without prior

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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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Parties reach an agreement on the effect of disclosure of a communication or

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information covered by the attorney-client privilege or work product protection, the

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Parties may incorporate their agreement in the stipulated protective order submitted to

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the court.

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protected information shall not constitute a waiver of such protection.

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12.

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MATERIAL

Inadvertent disclosure of attorney-client privilege or work-product

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

person to seek its modification by the court in the future.

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12.2 Right to Assert Other Objections: By stipulating to the entry of this

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Protective Order, no Party waives any right it otherwise would have to object to

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disclosing or producing any information or item on any ground not addressed in this

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Stipulated Protective Order. Similarly, no Party waives any right to object on any

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ground to use in evidence of any of the material covered by this Protective Order.

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12.3 Filing Protected Material: Without written permission from the

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Designating Party or a court order secured after appropriate notice to all interested

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persons, a Party may not file in the public record in this action any Protected Material.

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A Party that seeks to file under seal any Protected Material must comply with Civil

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Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court

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order authorizing the sealing of the specific Protected Material at issue. If a Party’s

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request to file Protected Material under seal is denied by the court, then the Receiving

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Party may file the information on the public record unless the Receiving Party is

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notified in writing that an appeal of that ruling will be filed (and, in that case,

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Receiving Party must refrain from filing the information on the public record until

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either the time for appeal has expired and no appeal has been filed or the appeal is

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fully adjudicated and the issue resolved in the favor of Receiving Party’s position).

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13.

FINAL DISPOSITION

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Within 60 days after the final disposition of this action, as defined in paragraph

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4, each Receiving Party must return all Protected Material to the Producing Party or

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destroy such material. As used in this subdivision, “all Protected Material” includes

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

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capturing any of the Protected Material. Whether the Protected Material is returned or

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destroyed, the Receiving Party must submit a written certification to the Producing

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Party (and, if not the same person or entity, to the Designating Party) by the 60 day

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

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

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retained any copies, abstracts, compilations, summaries or any other format
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reproducing or capturing any of the Protected Material. Notwithstanding this

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provision, Counsel are entitled to retain an archival copy of all pleadings, motion

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

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

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

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

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Protective Order as set forth in Section 4 (DURATION).

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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GIRARDI | KEESE

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DATED: March 4, 2016

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By: /s/ John K. Courtney
THOMAS V. GIRARDI
JOHN K. COURTNEY
Attorneys for Plaintiff, Jenhanco, Inc.

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DATED: March 4, 2016

Winder & Counsel, P.C.
By: /s/ Donald J. Winder
DONALD J. WINDER
Attorneys for Plaintiff, Jenhanco, Inc.

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DATED: March 4, 2016

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DLA PIPER LLP (US)
By: /s/ Barry M. Heller
BARRY M. HELLER
RACHEL E. K. LOWE
Attorneys for Defendants
Hertz Global Holdings, Inc., The Hertz
Corporation, Dollar Rent A Car, Inc. and
Dollar Thrifty Automotive Group, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: March 8, 2016

_____________________________________
United States Magistrate Judge

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1

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _____________________________ [print or type full name], of _________________ [print or

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type full address], declare under penalty of perjury that I have read in its entirety and understand the

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Stipulated Protective Order that was issued by the United States District Court for the Central

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District of California on [date] in the case of Jenhanco v. The Hertz Corporation, et. al., 2:15-cv-

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04191-ODW-PJW. I agree to comply with and to be bound by all the terms of this Stipulated

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Protective Order and I understand and acknowledge that failure to so comply could expose me to

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sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in

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any manner any information or item that is subject to this Stipulated Protective Order to any person

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or entity except in strict compliance with the provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District Court for the Central District

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of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such

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enforcement proceedings occur after termination of this action.

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I

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_______________________________________ [print or type full address and telephone number] as

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my California agent for service of process in connection with this action or any proceedings related

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to enforcement of this Stipulated Protective Order.

hereby

appoint

__________________________

[print

or

type

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Date: ______________________________________

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City and State where sworn and signed: _________________________________

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Printed name: _______________________________

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Signature: __________________________________

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full

name]

of