Burrito Labs, Inc. v. Sickday, LLC.

Filing 45

PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Stipulation for Protective Order 44 . (afe)

1 TODD M. LANDER (BAR NO. 173031)
[e-mail]
2 FREEMAN, FREEMAN & SMILEY, LLP
1888 Century Park East, Suite 1900
3 Los Angeles, California 90067
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Plaintiff
BURRITO LABS, INC.
6
7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

9

FREEMAN, FREEMAN & SMILEY,

LLP

10 BURRITO LABS, INC.,
Plaintiff,

11
vs.

12

Case No. 2:15-cv-08382-SJO-ASx
Judge: Hon. S. James Otero
STIPULATED PROTECTIVE
ORDER AND [PROPOSED]ORDER

13 SICKDAY, LLC,
Defendant.

14
15
16 1.

PURPOSES AND LIMITATIONS

17

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

18 proprietary, or private information for which special protection from public
19 disclosure and from use for any purpose other than prosecuting this litigation may
20 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
21 enter the following Stipulated Protective Order. The parties acknowledge that this
22 Order does not confer blanket protections on all disclosures or responses to
23 discovery and that the protection it affords from public disclosure and use extends
24 only to the limited information or items that are entitled to confidential treatment
25 under the applicable legal principles. The parties further acknowledge, as set forth in
26 Section 12.3, below, that this Stipulated Protective Order does not entitle them to
27 file confidential information under seal; Civil Local Rule 79-5 sets forth the
28 procedures that must be followed and the standards that will be applied when a party
STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER
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1 seeks permission from the court to file material under seal.
2

A.

GOOD CAUSE STATEMENT

3

This action is likely to involve trade secrets, customer and pricing lists and

4 other valuable research, development, commercial, financial, technical and/or
5 proprietary information for which special protection from public disclosure and
6 from use for any purpose other than prosecution of this action is warranted. Such
7 confidential and proprietary materials and information consist of, among other
8 things, confidential business or financial information, information regarding
9 confidential business practices, or other confidential research, development, or

FREEMAN, FREEMAN & SMILEY,

LLP

10 commercial information (including information implicating privacy rights of third
11 parties), information otherwise generally unavailable to the public, or which may be
12 privileged or otherwise protected from disclosure under state or federal statutes,
13 court rules, case decisions, or common law. Accordingly, to expedite the flow of
14 information, to facilitate the prompt resolution of disputes over confidentiality of
15 discovery materials, to adequately protect information the parties are entitled to keep
16 confidential, to ensure that the parties are permitted reasonable necessary uses of
17 such material in preparation for and in the conduct of trial, to address their handling
18 at the end of the litigation, and serve the ends of justice, a protective order for such
19 information is justified in this matter. It is the intent of the parties and the Court
20 that information will not be designated as confidential for tactical reasons and
21 that nothing s h a l l be so designated without a good faith belief that it has been
22 maintained in a confidential, non-public manner, and there is good cause why it
23 should not be part of the public record of this case.
24

Examples of confidential information that the parties may seek to protect

25 from unrestricted or unprotected disclosure include:
(a)

26

Information that is the subject of a non-disclosure or
confidentiality agreement or obligation;

27
(b)

28

The names, or other information tending to reveal the identity
2

STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER
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of a party’s supplier, designer, distributor, or customer;

1
(c)

2

Agreements with third-parties, including license agreements,

3

distributor agreements, manufacturing agreements, design

4

agreements, development agreements, supply agreements, sales

5

agreements, or service agreements;

6

(d)

Research and development information;

7

(e)

Proprietary engineering or technical information, including

8

product design, manufacturing techniques, processing

9

information, drawings, memoranda and reports;
(f)

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LLP

10

Information related to budgets, sales, profits, costs, margins,

11

licensing of technology or designs, product pricing, or other

12

internal financial/accounting information, including non-public

13

information related to financial condition or performance and

14

income or other non-public tax information;
(g)

15

Information related to internal operations including personnel
information;

16
(h)

17

Information related to past, current and future product
development;

18
(i)

19

Information related to past, current and future market analyses

20

and business and marketing development, including plans,

21

strategies, forecasts and competition; and
(j)

22

information is located).

23
24

Trade secrets (as defined by the jurisdiction in which the

Unrestricted or unprotected disclosure of such confidential technical,

25 commercial or personal information would result in prejudice or harm to the
26 producing party by revealing the producing party’s competitive confidential
27 information, which has been developed at the expense of the producing party and
28 which represents valuable tangible and intangible assets of that party.
3
STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER

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1 Additionally, privacy interests must be safeguarded. Accordingly, the parties
2 respectfully submit that there is good cause for the entry of this Protective Order.
3 The parties agree, subject to the Court’s approval, that the following terms and
4 conditions shall apply to this civil action.
5 2.

DEFINITIONS

6

2.1

7
8
9

FREEMAN, FREEMAN & SMILEY,

LLP

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Action: this pending federal law suit entitled Burrito Labs, Inc. v.

Sickday, LLC, Case No. 2:15-cv-08382-SJO-ASx.
2.2

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

designation of information or items under this Order.
2.4

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

their support staff).
2.5

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

13

items that it produces in disclosures or in responses to discovery

14

as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

15

ONLY.”

16

2.7

Disclosure or Discovery Material: all items or information, regardless

17

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

18

(including, among other things, testimony, transcripts, and tangible things), that

19

are produced or generated in disclosures or responses to discovery in this matter.

20

2.8

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

21

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

22

as an expert witness or as a consultant in this Action.

23
24

2.9

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

House Counsel does not include Outside Counsel of Record or any other

25 outside counsel.
26
2.10 Non-Party: any natural person, partnership, corporation, association, or
27 other legal entity not named as a Party to this action.
28
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STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER
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1

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

2 party to this Action but are retained to represent or advise a party to this Action
3 and have appeared in this Action on behalf of that party or are affiliated with a law
4 firm which has appeared on behalf of that party, and includes support staff.
5

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

6 directors, employees, consultants, retained experts, and Outside Counsel of Record
7 (and their support staffs).
8

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

9 Discovery Material in this Action.

FREEMAN, FREEMAN & SMILEY,

LLP

10

2.14 Professional Vendors:

persons or entities that provide

11 l itigation support services (e.g., photocopying, videotaping, translating, preparing
12 exhibits or demonstrations, and organizing, storing, or retrieving data in any form
13 or medium) and their employees and subcontractors.
14

2.15 Protected Material:

any Disclosure or Discovery Material that

15 is designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
16 ATTORNEYS’ EYES ONLY.”
17

2.16 Receiving Party:

a Party that receives Disclosure or Discovery

18 Material from a Producing Party.
19 3.
SCOPE
20
21
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24
25
26

The protections conferred by this Stipulation and Order cover not
only Protected Material (as defined above), but also (1) any information
copied or extracted from Protected Material; (2) all copies, excerpts,
summaries, or compilations of Protected Material; and (3) any testimony,
conversations, or presentations by Parties or their Counsel that might reveal
Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the

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trial judge. This Order does not govern the use of Protected Material at trial.
5

STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER
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1 4.

CONFIDENTIALITY SURVIVES TERMINATION OF ACTION

2

4.1

Even after final disposition of this Action, the confidentiality

3 obligations imposed by this Order shall remain in effect until a Designating
4 Party agrees otherwise in writing or a court order otherwise directs. Final
5 disposition shall be deemed to be the later of (1) dismissal of all claims and
6 defenses in this Action, with or without prejudice; or (2) final judgment herein
7 after the completion and exhaustion of all appeals, rehearings, remands, trials,
8 or reviews of this Action, including the time limits for filing any motions or
9 applications for extension of time pursuant to applicable law.

FREEMAN, FREEMAN & SMILEY,

LLP

10 5.

DESIGNATING PROTECTED MATERIAL

11

5.1

“CONFIDENTIAL” Disclosure or Discovery Material includes

12

information (regardless of how it is generated, stored or maintained) or

13

tangible things that qualify for protection under Federal Rule of Civil

14

Procedure 26(c), and as specified above in the Good Cause Statement.

15

5.2

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

16 Disclosure or Discovery Material includes information or documents of a
17 proprietary business or technical nature that might be of value to a competitor or
18 potential customer of the party or non-party holding the proprietary rights thereto,
19 and that must be protected from disclosure. This includes, but is not limited to,
20 information which could, if disclosed to the Receiving Party directly, cause
21 competitive harm to the Designating Party. Information and material that may be
22 subject to this protection includes, but is not limited to, technical and/or research
23 and development data, intellectual property, financial, marketing and other sales
24 data, and/or information having strategic commercial value pertaining to the
25 Designating Party’s trade or business.
26

5.3

Exercise of Restraint and Care in Designating Material for Protection.

27 Each Party or Non-Party that designates information or items for protection under
28 this Order must take care to limit any such designation to specific material that
6
STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER

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1 qualifies under the appropriate standards. The Designating Party must designate for
2 protection only those parts of material, documents, items, or oral or written
3 communications that qualify so that other portions of the material, documents,
4 items, or communications for which protection is not warranted are not swept
5 unjustifiably within the ambit of this Order. Designating Party’s counsel shall
6 make a good faith determination that the information warrants such protection.
7

Mass, indiscriminate, or routinized designations are prohibited. Designations

8 that are shown to be clearly unjustified or that have been made for an
9 improper purpose (e.g., to unnecessarily encumber the case development process or

FREEMAN, FREEMAN & SMILEY,

LLP

10 to impose unnecessary expenses and burdens on other parties) may expose the
11 Designating Party to sanctions.
12

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

13 designated for protection do not qualify for protection, that Designating Party must
14 promptly notify all other Parties that it is withdrawing the inapplicable designation.
15

5.4

Manner and Timing of Designations. Except as otherwise provided

16 in this Order, or as otherwise stipulated or ordered, Disclosure or Discovery
17 Material that qualifies for protection under this Order must be clearly so
18 designated before the material is disclosed or produced.
19

Designation in conformity with this Order requires:

20
21

(a)

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

22
23 documents, but excluding transcripts of depositions or other pretrial or
24 trial proceedings), that the Producing Party affix at a minimum, the
25 legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or
26 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (hereinafter
27 “HIGHLY CONFIDENTIAL legend”), to each page that contains protected
28
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STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER
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1 material. If only a portion or portions of the material on a page qualifies for
2 protection, the Producing Party also must clearly identify the protected portion(s)
3 (e.g., by making appropriate markings in the margins).
4

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

5 inspection need not designate them for protection until after the inspecting Party
6 has indicated which documents it would like copied and produced. During the
7 inspection and before the designation, all of the material made available for
8 inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’
9 EYES ONLY.” After the inspecting Party has identified the documents it

FREEMAN, FREEMAN & SMILEY,

LLP

10 wants copied and produced, the Producing Party must determine which documents,
11 or portions thereof, qualify for protection under this Order. Then, before producing
12 the specified documents, the Producing Party must affix the
13 “CONFIDENTIAL legend” or “HIGHLY CONFIDENTIAL legend” to each page
14 that contains Protected Material. If only a portion or portions of the material on a
15 page qualifies for protection, the Producing Party also must clearly identify the
16 protected portion(s) (e.g., by making appropriate markings in the margins).
17

(b) for testimony given in depositions that the Designating Party identify

18 the Disclosure or Discovery Material on the record or within 15 days after
19 receiving the transcript of the deposition testimony. Pages of transcribed
20 deposition testimony or exhibits to depositions that reveal Protected Material
21 may be separately bound by the court reporter and may not be disclosed to anyone
22 except as permitted under this Stipulated Protective Order.
23

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

24 for any other tangible items, that the Producing Party affix in a prominent place
25 on the exterior of the container or containers in which the information is stored
26 the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If only a
27 portion or portions of the information warrants protection, the Producing Party,
28 to the extent practicable, shall identify the protected portion(s).
8

STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER

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5.5

1

Inadvertent Failures to Designate. If timely corrected, an inadvertent

2
3 failure to designate qualified information or items does not, standing alone,
4 waive the Designating Party’s right to secure protection under this Order for such
5 material. Upon timely correction of a designation, the Receiving Party must make
6 reasonable efforts to assure that the material is treated in accordance with the
7 provisions of this Order.
8
9 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

FREEMAN, FREEMAN & SMILEY,

LLP

10
11

6.1

Timing of Challenges.

Any Party or Non-Party may challenge a

12 designation of confidentiality at any time that is consistent with the Court’s
13 Scheduling Order.
14

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

15 resolution process under Local Rule 37.1 et seq.
16

6.3

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

17 the Designating Party. Frivolous challenges, and those made for an
18 improper purpose (e.g., to harass or impose unnecessary expenses and burdens
19 on other parties) may expose the Challenging Party to sanctions. Unless the
20 Designating Party has waived or withdrawn the confidentiality designation, all
21 parties shall continue to afford the material in question the level of protection
22 to which it is entitled under the Producing Party’s designation until the
23 Court rules on the challenge.
24
25 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

26
27

7.1

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

28 disclosed or produced by another Party or by a Non-Party in connection with this
9
STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER

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1 Action only for prosecuting, defending, or attempting to settle this Action. Such
2 Protected Material may be disclosed only to the categories of persons and under the
3 conditions described in this Order. When the Action has been terminated, a
4 Receiving Party must comply with the provisions of section 13 below.
5

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

6 location and in a secure manner that ensures that access is limited to the persons
7 authorized under this Order.
8

7.2

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’

9 EYES ONLY” Disclosure or Discovery Materials. Materials designated

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10 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed
11 only to the following individuals:
12

(a) the Receiving Party’s Outside Counsel of Record in this Action, as

13 well as employees of said Outside Counsel of Record to whom it is reasonably
14 necessary to disclose the information for this Action;
15
(b) Experts (as defined in this Order) of the Receiving Party to whom
16 disclosure is reasonably necessary for this Action and who have signed
17 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18
(c) the court and its personnel;
19

(d) court reporters and their staff;

20

(e) professional jury or trial consultants, mock jurors, and Professional

21 Vendors to whom disclosure is reasonably necessary for this Action and who have
22 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23

(f) the author or recipient of a document containing the information or a

24 custodian or other person who otherwise possessed or knew the information; and
25
(h) any mediator or settlement officer, and their supporting personnel,
26 mutually agreed upon by any of the parties engaged in settlement discussions.
27
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STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER
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7.3

1

Disclosure of “CONFIDENTIAL” D i s c l o s u r e o r

2 D i s c o v e r y M a t e r i a l s . Materials designated “CONFIDENTIAL” materials
3 may be disclosed only to the following individuals:
4

(a)

Those individuals to whom Materials designated “HIGHLY

5 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed under the
6 terms of this Order; and
7

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

8 the Receiving Party to whom disclosure is reasonably necessary for this Action.
9 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

FREEMAN, FREEMAN & SMILEY,

LLP

10 PRODUCED IN OTHER LITIGATION
11

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

12 that compels disclosure of any information or items designated b y a n o t h e r
13 P a r t y in this Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
14 ATTORNEYS’ EYES ONLY” the subpoenaed Party must:
15

(a) promptly notify in writing the Designating Party. Such notification

16 shall include a copy of the subpoena or court order;
17
(b) promptly notify in writing the party who caused the subpoena or order to
18 issue in the other litigation that some or all of the material covered by the
19 subpoena or order is subject to this Protective Order. Such notification shall include
20 a copy of this Stipulated Protective Order; and
21
(c) cooperate with respect to all reasonable procedures sought to be
22
pursued by the Designating Party whose Protected Material may be affected.
23
If the Designating Party timely seeks a protective order, the Party served
24
with the subpoena or court order shall not produce any information designated
25
in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
26
ATTORNEYS’ EYES ONLY” before a determination by the court from which
27
the subpoena or order issued, unless the Party has obtained the Designating
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STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER

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1 Party’s permission. The Designating Party shall bear the burden and expense of
2 seeking protection in that court of its confidential material and nothing in these
3 provisions should be construed as authorizing or encouraging a Receiving Party in
4 this Action to disobey a lawful directive from another court.
5 9.

A

NON-PARTY’S

PROTECTED

MATERIAL

SOUGHT

TO

BE

6 PRODUCED IN THIS LITIGATION
7

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

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8 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
9 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Such information produced
10 by Non-Parties in connection with this litigation is protected by the remedies
11 and relief provided by this Order. Nothing in these provisions should be construed
12 as prohibiting a Non-Party from seeking additional protections.
13
(b) In the event that a Party is required, by a valid discovery request, to
14 produce a Non-Party’s confidential information in its possession, and the Party is
15 subject to an agreement with the Non-Party not to produce the Non-Party’s
16 confidential information, then the Party shall:
17
(1) promptly notify in writing the Requesting Party and the Non-Party
18 that some or all of the information requested is subject to a confidentiality
19 agreement with a Non-Party;
20

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

21 Stipulated Protective Order in this Action, the relevant discovery request(s), and a
22 reasonably specific description of the information requested; and
23

(3) make the information requested available for inspection by the

24 Non-Party, if requested.
25
26

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

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STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER
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1 14 days of receiving the notice and accompanying information, the Receiving
2 Party may produce the Non-Party’s confidential information responsive to the
3 discovery request. If the Non-Party timely seeks a protective order, the Receiving
4 Party shall not produce any information in its possession or control that is
5 subject to the confidentiality agreement with the Non-Party before a
6 determination by the court. Absent a court order to the contrary, the Non7 Party shall bear the burden and expense of seeking protection in this court of its
8 Protected Material.
9 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

FREEMAN, FREEMAN & SMILEY,

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10
If a Receiving Party learns that, by inadvertence or otherwise, it has

11

12 disclosed Protected Material to any person or in any circumstance not authorized
13 under this Stipulated Protective Order, the Receiving Party must immediately
14 (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use
15 its best efforts to retrieve all unauthorized copies of the Protected Material, (c)
16 inform the person or persons to whom unauthorized disclosures were made of all
17 the terms of this Order, and (d) request such person or persons to execute the
18 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
19 A.
20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
21
When a Producing Party gives notice to Receiving Parties that
22
23 Protected Material is subject to a claim of privilege or other protection, and that
24 such material was inadvertently produced without the appropriate Confidentiality
25 designation, 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 production without prior privilege review. Pursuant to Federal Rule of Evidence
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STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER
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1 502(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
8

person to seek its modification by the Court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of

9

FREEMAN, FREEMAN & SMILEY,

LLP

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11
12
13
14

this Protective Order no Party waives any right it otherwise would have to
object to disclosing or producing any information or item on any ground not
addressed in this Stipulated Protective Order. Similarly, no Party waives any right
to object on any ground to use in evidence of any of the material covered by this
Protective Order.
12.3 Filing Protected Material. A Party that seeks to file under seal

15
16
17
18
19
20
21
22
23
24
25
26
27
28

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

FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 4, and

within 60 days of a written request by any Designating Party, each Receiving Party
must return all Protected Material to the Producing Party or destroy such
material. As used in this subdivision, “all Protected Material” includes all copies,
abstracts, compilations, summaries, and any other format reproducing or
capturing any of the Protected Material. Whether the Protected Material is
returned or destroyed, the Receiving Party must submit a written certification to
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STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER
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1 the Producing Party (and, if not the same person or entity, to the Designating Party)
2 by the 60 day deadline that (1) identifies (by category, where appropriate) all the
3 Protected Material that was returned or destroyed and (2) affirms that the
4 Receiving Party has not retained any copies, abstracts, compilations, summaries
5 or any other format reproducing or capturing any of the Protected Material.
6 Notwithstanding this provision, Counsel are entitled to retain an archival copy of
7 all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
8 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
9 work product, and consultant and expert work product, even if such materials

FREEMAN, FREEMAN & SMILEY,

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10 contain Protected Material. Any such archival copies that contain or constitute
11 Protected Material remain subject to this Protective Order as set forth in Section
12 4.
13 / / /
14 / / /
15 / / /
16 / / /
17 / / /
18 / / /
19 / / /
20 / / /
21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
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STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER
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1 14.

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

2 measures including, without limitation, contempt proceedings and/or monetary
3 sanctions.
4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
5
6 DATED: August 5, 2016

FREEMAN, FREEMAN & SMILEY, LLP

7
8
By:

9

FREEMAN, FREEMAN & SMILEY,

LLP

10
11
12 DATED: August 5, 2016

/s/ Todd M. lander
TODD M. LANDER
Attorneys for Plaintiff BURRITO LABS,
INC.

BUCHALTER NEMER, APC

13
14
By:

15
16

/s/ Matthew Seror
MATTHEW SEROR
Attorneys for Defendant SICKDAY, LLC

17
18
19

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

20
21 DATED: _____________________________
August 9, 2016
22
23

____________________________________
/s/
24 Hon. Alka Sagar
United States Magistrate Judge
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STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER
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1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I,

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FREEMAN, FREEMAN & SMILEY,

LLP

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or

type

full

name],

[print or type full address], declare under penalty of perjury that
I have read in its entirety and understand the Stipulated Protective Order that was
issued by the United States District Court for the Central District of California on
[date] in the case of Burrito Labs, Inc. v. Sickday, LLC, Case No. 2:15-cv-08382-SJOASx. I agree to comply with and to be bound by all the terms of this Stipulated
Protective Order and I understand and acknowledge that failure to so comply could
expose me to sanctions and punishment in the nature of contempt. I solemnly promise
that I will not disclose in any manner any information or item that is subject to this
Stipulated Protective Order to any person or entity except in strict compliance with the
provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for
the Central District of California for the purpose of enforcing the terms of this
Stipulated Protective Order, even if such enforcement proceedings occur after
termination of this action. I hereby appoint
type full name] of

[print or
[print or type full

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

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24 City and State where sworn and signed:
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of

Printed name:

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27 Signature:
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STIPULATED PROTECTIVE ORDER AND [PROPOSED]ORDER
BN 21372212v1