Elizabeth C. Blue v. Ran Gaver et al

Filing 94

STIPULATED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish. (ec)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

JUDY WILSON, in her capacity as
Administrator, on behalf of the Estate
of Beatrice Manuel,

12
13

v.

14

Plaintiff,

RAN GAVER, an individual;
KAYLING KARA WONG, an
individual; EREZ “LORENZO”
ELZAM, an individual; WILLIAM
ALBERT ISAACS; an individual,
THOMAS CRAIG SHAY, an
individual; DAVID V. NICOLOSI, an
individual; PARADISE BUILDERS
GROUP, INC., a California
corporation; PARADISE BUILDERS,
INC., a former California corporation;
PRIME REMODELING, INC., a
California corporation; MILLENNIA
CONSTRUCTION, a California
corporation; and DOES 10-100,

15
16
17
18
19
20
21
22
23

Case No. 2:16-CV-00334 BRO
(GJSx)
[PROPOSED] STIPULATED
PROTECTIVE ORDER1
(NOTE: Non-substantive edits were
made by the Court)

State Court
Filing Date:
Removal Date:

March 6, 2015
January 15, 2016

Defendants.

24
25
26
27
1

28

This Stipulated Protective Order is substantially based on the model protective
order provided under Magistrate Judge Gail J. Standish’s Procedures.

1

1.

A. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,

2
3

proprietary or private information for which special protection from public

4

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

5

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

6

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

7

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

8

discovery and that the protection it affords from public disclosure and use extends

9

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

10

under the applicable legal principles.

11
12

B. GOOD CAUSE STATEMENT

13

Federal Rule of Civil Procedure 26(c)(1) permits the grant of a protective order

14

upon a showing of good cause, and provides that the protection of a trade secret or

15

other confidential commercial information is a proper basis for the issuance of a

16

protective order. Furthermore, Rule 26(c)(1) allows for a protective order when

17

required to protect a party or person from annoyance, or embarrassment. Additionally,

18

Federal Rule of Civil Procedure 5.2 protects confidential, personal information from

19

unfettered public dissemination.
This is action is based on allegations of elder abuse, fraud, and unfair

20
21

competition, civil conspiracy and RICO violations stemming from actions by

22

Defendants in connection with certain home improvement contracts. Defendants

23

believe protection of certain discovery material is important for two reasons.

24

Defendants are engaged in a highly competitive construction industry; therefore, they

25

believe that confidential business information must be protected from disclosure to

26

outside parties to avoid competitive harm. Moreover, Defendants are privately held

27

companies and individuals, none of whose financial documents are publicly available.

28

///
1

1

Plaintiff alleges that Ms. Manuel suffered from Alzheimer’s disease, and

2

therefore discovery in this action will require the production of non-public confidential

3

information concerning the mental and physical health of Beatrice Manuel, records

4

which disclose a variety of private, personal details. Discovery may also require

5

production of non-public confidential information concerning the business affairs of

6

the Defendants, including but not limited to: non-public corporate information; trade

7

secrets; private contact and third party personnel data and information; and financial

8

information, such as tax documents, bank statements, and accounting ledgers.

9

Plaintiffs agree with Defendants that there is good cause for the entry of a protective

10

order under Rule 26(c) because the disclosure of these highly confidential and

11

proprietary materials could result in competitive injury or undue embarrassment.

12

Thus, special protection from public disclosure and from use for any purpose other

13

than prosecuting this litigation is warranted.

14

Accordingly, to expedite the flow of information, to facilitate the prompt

15

resolution of disputes over confidentiality of discovery materials, to adequately

16

protect information the parties are entitled to keep confidential, to ensure that the

17

parties are permitted reasonable necessary uses of such material in preparation for

18

and in the conduct of trial, to address their handling at the end of the litigation, and

19

serve the ends of justice, a protective order for such information is justified in this

20

matter. It is the intent of the parties that information will not be designated as

21

confidential for tactical reasons and that nothing be so designated without a good

22

faith belief that it has been maintained in a confidential, non-public manner, and

23

there is good cause why it should not be part of the public record of this case.

24
25

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

26

The parties further acknowledge, as set forth in Section 12.3, below, that this

27

Stipulated Protective Order does not entitle them to file confidential information

28

under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
2

1

and the standards that will be applied when a party seeks permission from the court

2

to file material under seal.

3

There is a strong presumption that the public has a right of access to judicial

4

proceedings and records in civil cases. In connection with non-dispositive motions,

5

good cause must be shown to support a filing under seal. See Kamakana v. City and

6

County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

7

Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

8

Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

9

require good cause showing), and a specific showing of good cause or compelling

10

reasons with proper evidentiary support and legal justification, must be made with

11

respect to Protected Material that a party seeks to file under seal. The parties’ mere

12

designation of Disclosure or Discovery Material as CONFIDENTIAL does not—

13

without the submission of competent evidence by declaration, establishing that the

14

material sought to be filed under seal qualifies as confidential, privileged, or

15

otherwise protectable—constitute good cause.

16

Further, if a party requests sealing related to a dispositive motion or trial, then

17

compelling reasons, not only good cause, for the sealing must be shown, and the

18

relief sought shall be narrowly tailored to serve the specific interest to be protected.

19

See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For

20

each item or type of information, document, or thing sought to be filed or introduced

21

under seal in connection with a dispositive motion or trial, the party seeking

22

protection must articulate compelling reasons, supported by specific facts and legal

23

justification, for the requested sealing order. Again, competent evidence supporting

24

the application to file documents under seal must be provided by declaration.

25

Any document that is not confidential, privileged, or otherwise protectable in

26

its entirety will not be filed under seal if the confidential portions can be redacted.

27

If documents can be redacted, then a redacted version for public viewing, omitting

28

only the confidential, privileged, or otherwise protectable portions of the document,
3

1

shall be filed. Any application that seeks to file documents under seal in their

2

entirety should include an explanation of why redaction is not feasible.

3
4
5

2.

DEFINITIONS
2.1

Action: Judy Wilson, in her capacity as Administrator, on behalf of the

6

Estate of Beatrice Manuel v. Ran Gaver, et al., C.D. Cal. Case No. CV16-00334

7

BRO (GJSx).

8
9
10

2.2

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

designation of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of

11

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

12

protection under Federal Rule of Civil Procedure 26(c), and as specified above in

13

the Good Cause Statement.

14
15
16

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

17

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

18

“CONFIDENTIAL.”

19

2.6

Disclosure or Discovery Material: all items or information, regardless

20

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

21

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

22

generated in disclosures or responses to discovery in this matter.

23

2.7

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

24

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

25

an expert witness or as a consultant in this Action.

26

2.8

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

27

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

28

counsel.
4

2.9

1
2

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

other legal entity not named as a Party to this action.
2.10 Outside Counsel of Record: attorneys who are not employees of a

3
4

party to this Action but are retained to represent or advise a party to this Action and

5

have appeared in this Action on behalf of that party or are affiliated with a law firm

6

that has appeared on behalf of that party, and includes support staff.
2.11 Party: any party to this Action, including all of its officers, directors,

7
8

employees, consultants, retained experts, and Outside Counsel of Record (and their

9

support staffs).
2.12 Producing Party: a Party or Non-Party that produces Disclosure or

10
11

Discovery Material in this Action.

12

2.13 Professional Vendors: persons or entities that provide litigation

13

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

14

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

15

and their employees and subcontractors.
2.14 Protected Material: any Disclosure or Discovery Material that is

16
17

designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery

18
19

Material from a Producing Party.

20
21

3.

SCOPE

22

The protections conferred by this Stipulation and Order cover not only

23

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

24

extracted from Protected Material; (2) all copies, excerpts, summaries, or

25

compilations of Protected Material; and (3) any testimony, conversations, or

26

presentations by Parties or their Counsel that might reveal Protected Material.

27
28

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.
5

1

4.

DURATION
Once a case proceeds to trial, information that was designated as

2
3

CONFIDENTIAL or maintained pursuant to this protective order used or introduced

4

as an exhibit at trial becomes public and will be presumptively available to all

5

members of the public, including the press, unless compelling reasons supported by

6

specific factual findings to proceed otherwise are made to the trial judge in advance

7

of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

8

showing for sealing documents produced in discovery from “compelling reasons”

9

standard when merits-related documents are part of court record). Accordingly, the

10

terms of this protective order do not extend beyond the commencement of the trial.

11
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, items

19

or communications for which protection is not warranted are not swept unjustifiably

20

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 impose

24

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

25

Party to sanctions.

26

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

promptly notify all other Parties that it is withdrawing the inapplicable designation.
6

1

5.2

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

produced.

6

Designation in conformity with this Order requires:

7

(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 of the material on a page qualifies for

12

protection, the Producing Party also must clearly identify the protected portion(s)

13

(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 which

20

documents, or portions thereof, qualify for protection under this Order. Then,

21

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 of the material on a page qualifies for protection, the Producing Party also

24

must clearly identify the protected portion(s) (e.g., by making appropriate markings

25

in the margins).

26

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

27

the Disclosure or Discovery Material on the record, before the close of the

28

deposition all protected testimony.
7

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

1
2

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

3

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).
5.3

7

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 material.

10

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

11

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

12

Order.

13
14

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

15

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

16

designation of confidentiality at any time that is consistent with the Court’s

17

Scheduling Order.
6.2

18
19

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
6.3

20

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

21

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

22

purpose (e.g., to harass or impose unnecessary expenses and burdens on other

23

parties) may expose the Challenging Party to sanctions. Unless the Designating

24

Party has waived or withdrawn the confidentiality designation, all parties shall

25

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

26

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

27

challenge.

28

///
8

1
2

7.

ACCESS TO AND USE OF PROTECTED MATERIAL
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, as

17

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 Counsel) of

20

the Receiving Party to whom disclosure is reasonably necessary for this Action;

21

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

22

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

23

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

24

(d) the court and its personnel;

25

(e) court reporters and their staff;

26

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

27

Vendors to whom disclosure is reasonably necessary for this Action and who have

28

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9

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

1
2

custodian or other person who otherwise possessed or knew the information;

3

(h) during their depositions, witnesses, and attorneys for witnesses, in the

4

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

5

requests that the witness sign the form attached as Exhibit A hereto; and (2) they

6

will not be permitted to keep any confidential information unless they sign the

7

“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

8

agreed by the Designating Party or ordered by the court. Pages of transcribed

9

deposition testimony or exhibits to depositions that reveal Protected Material may

10

be separately bound by the court reporter and may not be disclosed to anyone except

11

as permitted under this Stipulated Protective Order; and
(i) any mediator or settlement officer, and their supporting personnel,

12
13

mutually agreed upon by any of the parties engaged in settlement discussions.

14
15

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

16

IN OTHER LITIGATION

17

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

18

that compels disclosure of any information or items designated in this Action as

19

“CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification

20
21

shall include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order

22
23

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

24

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

25

a copy of this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be

26
27

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

28

///
10

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

1
2

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

3

action as “CONFIDENTIAL” before a determination by the court from which the

4

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

5

permission. The Designating Party shall bear the burden and expense of seeking

6

protection in that court of its confidential material and nothing in these provisions

7

should be construed as authorizing or encouraging a Receiving Party in this Action

8

to disobey a lawful directive from another court.

9
10
11
12

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced by a

13

Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

14

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

15

remedies and relief provided by this Order. Nothing in these provisions should be

16

construed as prohibiting a Non-Party from seeking additional protections.

17

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

18

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

19

subject to an agreement with the Non-Party not to produce the Non-Party’s

20

confidential information, then the Party shall:

21

(1) promptly notify in writing the Requesting Party and the Non-Party

22

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

23

agreement with a Non-Party;

24

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

25

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

26

specific description of the information requested; and

27
28

(3) make the information requested available for inspection by the
Non-Party, if requested.
11

1

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

2

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

3

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

4

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

5

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

6

confidentiality agreement with the Non-Party before a determination by the court.

7

Absent a court order to the contrary, the Non-Party shall bear the burden and

8

expense of seeking protection in this court of its Protected Material.

9
10

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

11
12

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

13

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

14

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

15

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

16

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

17

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

18

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

19
20

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

21

PROTECTED MATERIAL

22

When a Producing Party gives notice to Receiving Parties that certain

23

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

24

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

25

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

26

procedure may be established in an e-discovery order that provides for production

27

without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

28

(e), insofar as the parties reach an agreement on the effect of disclosure of a
12

1

communication or information covered by the attorney-client privilege or work

2

product protection, the parties may incorporate their agreement in the stipulated

3

protective order submitted to the court.

4
5

12.

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

6
7

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

8
9

MISCELLANEOUS

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 this

11

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

12

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

13

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

14

Protected Material must comply with Local Civil Rule 79-5. Protected Material

15

may only be filed under seal pursuant to a court order authorizing the sealing of the

16

specific Protected Material at issue. If a Party’s request to file Protected Material

17

under seal is denied by the court, then the Receiving Party may file the information

18

in the public record unless otherwise instructed by the court.

19
20
21

13.

FINAL DISPOSITION
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 return

23

all Protected Material to the Producing Party or destroy such material. As used in

24

this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

25

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

26

Material. Whether the Protected Material is returned or destroyed, the Receiving

27

Party must submit a written certification to the Producing Party (and, if not the same

28

person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
13

1

(by category, where appropriate) all the Protected Material that was returned or

2

destroyed and (2) affirms that the Receiving Party has not retained any copies,

3

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

4

of the Protected Material. Notwithstanding this provision, Counsel are entitled to

5

retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

6

transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

7

reports, attorney work product, and consultant and expert work product, even if such

8

materials contain Protected Material. Any such archival copies that contain or

9

constitute Protected Material remain subject to this Protective Order as set forth in

10

Section 4 (DURATION).

11
12

14.

VIOLATION

13

Any violation of this Order may be punished by appropriate measures including,

14

without limitation, contempt proceedings and/or monetary sanctions.

15
16

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

17
18
19

September 15, 2016

ALSTON & BIRD LLP

20
21
22
23
24
25

__/s/ Ward L. Benshoof______________
Ward Benshoof
Attorneys for Plaintiff
JUDY WILSON, in her capacity as
Administrator, on behalf of the Estate of
Beatrice Manuel

26
27
28

14

1

September 15, 2016

PUBLIC COUNSEL

2
3

_/s/ L. Adelaide Anderson_______
L. Adelaide Anderson

4
5

Attorneys for Plaintiff
JUDY WILSON, in her capacity as
Administrator, on behalf of the Estate of
Beatrice Manuel

6
7
8
9
10

September 15, 2016

GERARD FOX LAW, P.C.

11
12

__/s/ Gerard P. Fox___________
Gerard P. Fox

13
14

Attorneys for Defendants
RAN GAVER, KAYLING KARA WONG,
WILLIAM ALBERT ISAACS; THOMAS
CRAIG SHAY; PARADISE BUILDERS
GROUP, INC.; PARADISE BUILDERS,
INC.; PRIME REMODELING, INC.;
MILLENNIA CONSTRUCTION

15
16
17
18
19

September 15, 2016

TURNER LAW FIRM A.P.C.

20
21
22
23
24

___/s/ Angelica J. Varela_________
Angelica J. Varela
Attorneys for Defendant
EREZ “LORENZO” ELZAM

25
26
27
28

15

1

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

2
3
4
5
6

DATED: September 15, 2016
__________________________________
GAIL J. STANDISH
UNITED STATES MAGISTRATE JUDGE

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

16

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

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

5

_______________________________________________________________
[print or type full address], declare under penalty of perjury that I have read in

6
7

its entirety and understand the Stipulated Protective Order that was issued by the

8

United States District Court for the Central District of California on [date] in the

9

case of Judy Wilson, in her capacity as Administrator, on behalf of the Estate of

10

Beatrice Manuel v. Ran Gaver, et al., C.D. Cal. Case No. CV16-00334 BRO

11

(GJSx).

12

I agree to comply with and to be bound by all the terms of this Stipulated Protective

13

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

14

to sanctions and punishment in the nature of contempt. I solemnly promise that I

15

will not disclose in any manner any information or item that is subject to this

16

Stipulated Protective Order to any person or entity except in strict compliance with

17

the provisions of this Order.

18

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

19

Central District of California for enforcing the terms of this Stipulated Protective

20

Order, even if such enforcement proceedings occur after termination of this action.

21

I hereby appoint __________________________ [print or type full name] of

22

_______________________________________________________________

23

[print or type full address and telephone number] as my California agent for service

24

of process in connection with this action or any proceedings related to enforcement

25

of this Stipulated Protective Order.

26

///

27

///

28

///
17

1

Date: ______________________________________

2

City and State where sworn and signed: _________________________________

3
4

Printed name: _______________________________

5
6

Signature: __________________________________

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

18