Tamar Kasbarian v. Equinox Holdings, Inc. et al

Filing 22

STIPULATION AND PROTECTIVE ORDER PRECLUDING DISCLOSURE OF CONFIDENTIAL AND/OR PROPRIETARY INFORMATION [CHANGES MADE BY COURT IN ACCORDANCE WITH SEPTEMBER 9, 2016 TENTATIVE RULING] by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 18 . See order for details. (hr)

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1 2 3 4 5 6 7 8 9 10 11 12 Carney R. Shegerian (SBN 150461) Anthony Nguyen (SBN 259154) SHEGERIAN & ASSOCIATES, INC. 225 Santa Monica Boulevard, Suite 700 Santa Monica, California 90401 Telephone: (310) 860-0770 Facsimile: (310) 860-0771 CShegerian@Shegerianlaw.com ANguyen@Shegerianlaw.com Attorneys for Plaintiff TAMAR KASBARIAN Mia Farber (SBN 131467) Dorothy L. Black (SBN 211260) JACKSON LEWIS P.C. 725 South Figueroa Street, Suite 2500 Los Angeles, California 90017-5408 Telephone: (213) 689-0404 Facsimile: (213) 689-0430 farberm@jacksonlewis.com dorothy.black@jacksonlewis.com 13 14 Attorneys for Defendant EQUINOX HOLDINGS, INC. 15 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 18 19 20 21 22 TAMAR KASBARIAN, Plaintiff, vs. 24 EQUINOX HOLDINGS, INC., EQUINOX FITNESS MARINA DEL REY, INC., EQUINOX FITNESS SEPULVEDA, INC., inclusive, 25 Defendants. 23 Case No.: 2:16-CV-01795 MWF (JCx) STIPULATION AND PROTECTIVE ORDER PRECLUDING DISCLOSURE OF CONFIDENTIAL AND/OR PROPRIETARY INFORMATION [CHANGES MADE BY COURT IN ACCORDANCE WITH SEPTEMBER 9, 2016 TENTATIVE RULING] 26 27 28 Case No: 2:16-CV-01795 MWF (JCx) 1 STIPULATION AND PROTECTIVE ORDER 1 TO THE HONORABLE COURT AND TO ALL INTERESTED PARTIES: 2 Plaintiff Tamar Kasbarian (“Plaintiff”), on the one hand, and Defendant Equinox 3 Holdings, Inc. (“Equinox” or Defendant), on the other hand, 1 move the Court for a 4 Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure 5 concerning the treatment of Confidential Information (as hereinafter defined) and, as 6 grounds therefore, state as follows: 1. 7 In this action, at least one of the Parties has sought and/or is seeking 8 Confidential Information (as defined in Paragraph 2 below). Both Parties have and 9 hereby do represent that they have taken steps to protect certain documents and 10 information potentially subject to disclosure through informal or formal discovery or 11 otherwise subject to disclosure in the litigation as confidential, proprietary and/or trade 12 secret. The Parties wish to ensure that both Parties are in a position to produce all 13 responsive documents in the litigation while still protecting their confidential, proprietary 14 and trade secret information and pursuing steps to minimize, if not eliminate, any 15 violation of third party privacy rights due to the disclosure of third party information. 16 The Parties assert the disclosure of such information outside the scope of this litigation 17 could result in significant injury to one or more of the Parties’ business or privacy 18 interests. The Parties have entered into this Stipulation and request the Court to enter the 19 within Protective Order for the purpose of preventing the disclosure and use of 20 Confidential Information except as set forth herein. 21 2. Definitions. 22 a. “Confidential Information” means any document, file, portions of files, or 23 Confidential Discovery Response, including any extract, abstract, chart, summary, 24 note, or copy made therefrom – not made available to the public – and designated 25 by one of the Parties in the manner provided in Paragraph 3 below containing: i. personnel 26 performance 27 records, reviews, including disciplinary compensation action and history, personal 28 1 Plaintiff and Defendant are hereinafter referred to jointly as the “Parties.” Case No: 2:16-CV-01795 MWF (JCx) 2 STIPULATION AND PROTECTIVE ORDER 1 identification information (including Social Security numbers, 2 phone numbers and addresses) of Defendant’s current and 3 former employees; 4 ii. information concerning Defendant’s compensation ranges or 5 structures for current and former employees and criteria for 6 performance evaluation; 7 iii. information concerning Defendant’s employee payment 8 structures and incentive compensation plans, including but not 9 limited to incentive summaries and all information used to 10 calculate commissions and other incentive payments to 11 Defendant’s current and former employees; 12 13 14 15 16 17 iv. information pertaining to Defendant’s clients, including but not limited to contact information of clients; v. information and materials related to Defendant’s sales and marketing efforts; vi. proprietary and confidential financial information relating to Defendant; 18 vii. confidential financial information relating to Plaintiff; 19 viii. Plaintiff’s medical information and records; and 20 21 ix. Any other material qualifying for protection under Fed. R. Civ. P. 26(c). 22 b. “Confidential Discovery Responses” mean any documents or information 23 produced by Plaintiff or Defendant in connection with this action that are 24 designated as CONFIDENTIAL, which may include: (1) documents produced 25 pursuant to requests under the Federal Rulesof Civil Procedure; (2) documents 26 produced pursuant to a subpoena duces tecum; (3) documents produced 27 voluntarily or in response to informal requests; (4) responses to interrogatories; 28 (5) responses to documents requests; (6) responses to requests for admission; Case No: 2:16-CV-01795 MWF (JCx) 3 STIPULATION AND PROTECTIVE ORDER 1 (7) deposition testimony; and (8) any information contained within any 2 documents produced in this action." 3 3. Confidential Designation. 4 Plaintiff, Defendant or any third party as to documents produced by the third party 5 pursuant to discovery or subpoena, may designate as “CONFIDENTIAL,” “COUNSEL’S 6 POSSESSION ONLY CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES 7 ONLY 8 information, or material disclosed through formal or informal discovery or otherwise in 9 the course of this litigation as hereinafter set forth in Paragraphs 4-9. The Parties shall 10 act in good faith and on a reasonable basis when designating material as 11 “CONFIDENTIAL,” 12 MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” and 13 shall indicate their understanding and intention to be bound by the provisions of this 14 Protective Order by executing the “Confidentiality Agreement” attached hereto as Exhibit 15 A. CONFIDENTIAL MATERIAL” “COUNSEL’S any document, POSSESSION deposition ONLY testimony, CONFIDENTIAL 16 4. 17 Except upon prior written consent of the party asserting “CONFIDENTIAL” 18 treatment or upon order of a court of competent jurisdiction or pursuant to a lawful 19 subpoena issued in another action, documents, deposition testimony, information or 20 material designated as “CONFIDENTIAL” shall be held in strict confidence, shall be 21 used solely for the purposes of prosecution, defense, or settlement of this action and for 22 no other purpose, and shall not be used in any other lawsuit, action, or other matter. 23 Nothing in this Order restricts the ability of any party to use or disclose its own 24 Confidential Information. 25 testimony, information or material shall be limited to: 26 Limitations on Access to Documents Designated “CONFIDENTIAL.” a. Access to “CONFIDENTIAL” documents, deposition The Parties (including any officer, director, employee or agent of 27 Defendant who is deemed reasonably necessary or appropriate by 28 counsel in good faith to aid in the prosecution, defense or settlement Case No: 2:16-CV-01795 MWF (JCx) 4 STIPULATION AND PROTECTIVE ORDER 1 of this action), counsel for the Parties hereto (including any clerks, 2 secretaries, paralegals, investigators, legal assistants, and any 3 employee, independent contractor, or agent of counsel for the Parties 4 who is deemed reasonably necessary or appropriate by counsel in 5 good faith to aid in the prosecution, defense or settlement of this 6 action), court or stenographic reporters retained to report a deponent’s 7 testimony taken in this litigation, and firms retained by counsel to 8 provide litigation services and the employees of said firms; b. 9 Experts and consultants (including independent experts and 10 consultants, and employees or clerical assistants of said experts) who 11 are employed, retained or otherwise consulted by counsel or a party 12 for the purpose of analyzing data, conducting studies or providing 13 opinions to assist in such litigation; c. 14 Dispute resolution providers, including mediators, arbitrators and any 15 other individuals employed by the Parties for the purpose of 16 alternative dispute resolution; d. 17 law clerks and clerks engaged in proceedings in this case; and 18 e. 19 22 Witnesses at any deposition or other proceeding in this action, which is reasonably necessary for the prosecution or defense of this action. 20 21 Court and administrative personnel, including judges, court reporters, 5. Limitations on Access to Documents Designated “COUNSEL’S POSSESSION ONLY CONFIDENTIAL MATERIAL.” 23 “COUNSEL’S POSSESSION ONLY CONFIDENTIAL MATERIAL,” or copies 24 thereof, may be reviewed by the Parties to this litigation, officers and current employees 25 of the Parties to this litigation to whom they are produced (only to the extent that they are 26 responsible for the prosecution and/or defense of this litigation, are actual or potential 27 witnesses, or whose knowledge of such information is otherwise necessary to enable the 28 Case No: 2:16-CV-01795 MWF (JCx) 5 STIPULATION AND PROTECTIVE ORDER 1 Parties to prosecute or defend this action, or to engage in appellate proceedings herein), 2 but may not be held in the possession of the Party to whom it is produced. 3 “COUNSEL’S POSSESSION ONLY CONFIDENTIAL MATERIAL” may only 4 be held in the possession of the following persons and is subject to the following 5 conditions: 6 a. Counsel of record for the Parties in this litigation, now or in the 7 future, their respective associates, partners, law clerks, paralegals, 8 legal assistants, secretaries, and other support staff who are actively 9 engaged in assisting such attorneys in the prosecution or defense of 10 this litigation; provided, however, that the employees of such counsel 11 to whom such access is permitted shall, prior to such access or 12 disclosure, be advised of the provisions of this Protective Order and 13 shall be instructed to comply with it; 14 b. Independent experts and consultants employed, consulted or retained 15 in the litigation by a Party or the attorneys for a Party to perform 16 investigative work, research, analysis, expert testimony and other 17 services specifically related to the prosecution, defense or settlement 18 of the litigation; provided, however, that the experts or consultants to 19 whom such possession is permitted shall, prior to such access or 20 disclosure, be advised of the provisions of this Protective Order and 21 shall be instructed to comply with it; 22 c. Deposition reporters and their support personnel for purposes of 23 preparing deposition transcripts; provided, however, that those to 24 whom such possession is permitted shall, prior to such possession, be 25 advised of the provisions of this Protective Order and shall be 26 instructed to comply with it; 27 28 d. The court, case manager, reporters, or other personnel assigned to this litigation; Case No: 2:16-CV-01795 MWF (JCx) 6 STIPULATION AND PROTECTIVE ORDER 1 e. this litigation. 2 3 4 Any discovery referee or similar individual who may be assigned to The following persons may be shown but not given possession of documents designated “COUNSEL’S POSSESSION ONLY CONFIDENTIAL MATERIAL”: a. 5 Any witness in a deposition in this litigation, where documents 6 designated “COUNSEL’S POSSESSION ONLY CONFIDENTIAL 7 MATERIAL” is relevant to the subject matter the deponent would be 8 likely to have knowledge; provided, however, that any such witness 9 shall, prior to any disclosure or access, be advised of the provisions of this Protective Order and shall be instructed to comply with it; 10 b. 11 The author(s), sender(s), addressee(s) and copy recipient(s) of the 12 documents 13 CONFIDENTIAL MATERIAL”; c. 14 17 “COUNSEL’S POSSESSION ONLY Percipient witnesses called to testify at trial, but only for purposes of such trial testimony. 15 16 designated 6. Limitations on Access to Documents Designated “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL.” 18 Unless otherwise ordered by the Court or permitted in writing by the designating 19 party, access to “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” 20 documents, testimony, information or material shall be limited to: 21 a. Outside counsel of record in this litigation for the Party receiving the 22 materials, as well as employees, independent contractors, or agents of said counsel to 23 whom it is reasonably necessary to disclose the information for this litigation and who 24 have signed the “Confidentiality Agreement” that is attached hereto as Exhibit A; . 25 b. The Court and its personnel; 26 c. Reporters, their staff, and professional vendors to whom disclosure is 27 reasonably necessary for this litigation and who have signed the “Confidentiality 28 Agreement” that is attached hereto as Exhibit A; Case No: 2:16-CV-01795 MWF (JCx) 7 STIPULATION AND PROTECTIVE ORDER 1 d. Any other person(s) only with the express written permission of the 2 producing/designating Party, which shall not be unreasonably withhold to whom 3 disclosure is reasonably necessary for this litigation and who have signed the 4 “Confidentiality Agreement” that is attached hereto as Exhibit A. 5 7. Designation of Confidential Material. 6 Designation as “CONFIDENTIAL,” “COUNSEL’S POSSESSION ONLY 7 CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL 8 MATERIAL” pursuant to this Protective Order may be accomplished by stamping the 9 word “CONFIDENTIAL,” COUNSEL’S POSSESSION ONLY CONFIDENTIAL 10 MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” on the 11 face of a multiple-page document if the document is bound. If the document is not bound, 12 designation of a document as “CONFIDENTIAL, ” COUNSEL’S POSSESSION ONLY 13 CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL 14 MATERIAL” may be accomplished by stamping or otherwise marking each page of the 15 confidential document as “CONFIDENTIAL,” “COUNSEL’S POSSESSION ONLY 16 CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL 17 MATERIAL.” The Parties may designate documents previously produced in the 18 litigation to date as “CONFIDENTIAL,” 19 CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL 20 MATERIAL” by providing written notice to the other party of the designation and 21 identifying the documents that the Party wishes to designate as “CONFIDENTIAL,” 22 “COUNSEL’S 23 “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” by Bates Numbers. POSSESSION ONLY “COUNSEL’S POSSESSION ONLY CONFIDENTIAL MATERIAL,” or 24 8. Designation of Deposition Testimony as Confidential. 25 Plaintiff, Defendant or any third party as to testimony given by the third party at 26 the deposition, may designate 27 “COUNSEL’S 28 “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” by stating on the record POSSESSION Case No: 2:16-CV-01795 MWF (JCx) deposition ONLY testimony as CONFIDENTIAL 8 “CONFIDENTIAL,” MATERIAL,” or STIPULATION AND PROTECTIVE ORDER 1 at the deposition, or in writing within thirty (30) days after the Court enters this 2 Stipulated Protective Order, or in writing within thirty (30) days after the receipt of the 3 deposition transcript, that specified testimony is confidential. During the interim period 4 before the Court enters this Stipulated Protective Order and the interim 30-day period 5 after a deposition transcript is received, transcripts will be treated as “CONFIDENTIAL” 6 under the terms of this Order. 7 9. Designation of Discovery Responses as Confidential. 8 Plaintiff, Defendant or any third party as to information given by that party in 9 response to information requests, may designate as “CONFIDENTIAL,” “COUNSEL’S 10 POSSESSION ONLY CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES 11 ONLY CONFIDENTIAL MATERIAL” any specific responses to information requests 12 by labeling the specific response “CONFIDENTIAL,” “COUNSEL’S POSSESSION 13 ONLY 14 CONFIDENTIAL MATERIAL.” CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES ONLY 15 10. 16 Any papers to be filed with the Court that contain information and/or documents 17 that have been designated as “CONFIDENTIAL,” “COUNSEL’S POSSESSION ONLY 18 CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL 19 MATERIAL,” shall be submitted to the Court in accordance with Local Rule 79-5 20 (amended December 1, 2015), including Local Rule 79-5.2.2. 21 11. Use of Confidential Documents or Information in Court Filings. Disclosure to Experts, Witnesses and Dispute Resolution Providers. 22 “CONFIDENTIAL,” COUNSEL’S 23 MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” 24 documents, deposition testimony, information or material shall not be disclosed to any 25 expert or consultant (as defined in Paragraph 4(b)) or any dispute resolution provider (as 26 defined in Paragraph 4(c)) or any witness at any deposition in this action unless and until 27 such person is given a copy of Exhibit B to this Order. Upon receipt of Exhibit B, which 28 recites this Order’s restriction on the use of “CONFIDENTIAL,” COUNSEL’S Case No: 2:16-CV-01795 MWF (JCx) POSSESSION 9 ONLY CONFIDENTIAL STIPULATION AND PROTECTIVE ORDER 1 POSSESSION ONLY CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES 2 ONLY CONFIDENTIAL MATERIAL” documents, the expert or consultant (as defined 3 in Paragraph 4(b)) or any dispute resolution provider (as defined in Paragraph 4(c)) or 4 any witness at any deposition will become bound by this Order. 5 12. Limitation on Copies of Confidential Information. 6 No party shall, for itself or for any person or persons acting on its behalf, make 7 more copies of any “CONFIDENTIAL,” “COUNSEL’S POSSESSION ONLY 8 CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL 9 MATERIAL” information or material than are reasonably necessary to conduct this 10 litigation. 11 13. 12 Except as otherwise provided for in this Protective Order, all “CONFIDENTIAL,” Storage of Confidential Information. 13 COUNSEL’S POSSESSION ONLY CONFIDENTIAL MATERIAL,” or 14 “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” information and material 15 (except information and material in the possession of the Court/Court personnel) shall 16 remain in the possession of counsel for the respective Parties or their experts or 17 consultants (after compliance with Paragraph 11) and be stored in a secure place. 18 14. Challenge to Confidential Designation. 19 If Plaintiff, Defendant or any third party objects to the designation of any 20 document, deposition testimony, information, or material, the Parties, in compliance with 21 Local Rule 37-1, shall attempt to resolve the dispute in good faith on an informal basis. 22 If the Parties are unable to resolve the dispute informally within ten (10) business days 23 after the time the informal notice is received, in compliance with Local Rule 37-2, the 24 objecting party may apply to the Court for a ruling that the document, deposition 25 testimony, information, or material shall not be so treated. In any proceeding to release 26 confidential material from its designation, or to change the designation of any such 27 material, the burden shall be upon the designating party to establish that good cause 28 exists for the disputed information to be treated as described in Paragraphs 4-9 under Fed. Case No: 2:16-CV-01795 MWF (JCx) 10 STIPULATION AND PROTECTIVE ORDER 1 R. Civ. P. 26(c). If the objecting party files a timely motion, the material shall continue 2 to be remain protected under the terms of the Protective Order until the Court rules on 3 such motion. 4 15. Return of Confidential Information Upon Resolution of the Lawsuit. 5 Upon termination of this litigation, all originals and copies of “CONFIDENTIAL,” 6 “COUNSEL’S POSSESSION ONLY 7 “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” documents, deposition 8 testimony, information, or material (and all summaries thereof) (except those in the 9 possession of the Court/Court personnel) shall be returned to counsel for the producing 10 party(ies) or destroyed, except that counsel for the Parties may keep one copy of such 11 documents, deposition testimony, information, or material for their records. 12 “CONFIDENTIAL,” 13 MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” 14 documents, deposition testimony, information, or material (and all summaries thereof) is 15 destroyed rather than returned, counsel responsible for destruction must verify to counsel 16 for the producing party(ies) that said documents have been destroyed within 30 days of 17 termination of this litigation. “COUNSEL’S CONFIDENTIAL POSSESSION ONLY MATERIAL,” or If CONFIDENTIAL 18 16. Additional or Different Protection for Confidential Information. 19 The parties understand that trials are presumptively public proceedings and that, 20 absent further order of the presiding judicial officer, the trial in this matter will be open to 21 the public and all information/evidence presented at trial will be made public. Should 22 either party seek to use any Confidential Discovery Responses at trial, the parties shall – 23 prior to the pretrial conference/trial -- confer in an effort to agree upon a procedure to 24 propose to the Court regarding maintenance of the confidentiality of such information 25 and documents at trial. 26 Nothing in this Protective Order shall preclude any party from seeking and 27 obtaining from counsel for the opposing party or the Court, on appropriate showing, a 28 further stipulation and/or protective order relating to any discovery in this case or the use Case No: 2:16-CV-01795 MWF (JCx) 11 STIPULATION AND PROTECTIVE ORDER 1 of confidential discovery responses and transcribed or videotaped testimony at trial or 2 filing a motion seeking further or different protection from the Court under Rule 26(c) of 3 the Federal Rules of Civil Procedure, or from filing a motion with respect to the manner 4 in which Confidential Information shall be treated at trial. 5 17. Modification. 6 This Protective Order may be modified by the Court at any time for good cause 7 shown following notice to both Parties and an opportunity for them to be heard. This 8 Order shall survive the final termination of this action, to the extent that the Confidential 9 Information is not or does not become known to the public. 10 18. Federal Rule of Evidence 502(d). 11 The production of privileged or work-product protected documents, electronically 12 stored information or information, whether inadvertent or otherwise, is not a waiver of 13 the privilege or protection from discovery in this case or in any other federal or state 14 proceeding. 15 protection allowed by Federal Rule of Evidence 502(d). Nothing contained herein is 16 intended to or shall serve to limit a Party’s right to conduct a review of documents, 17 electronically stored information or information (including metadata) for relevance, 18 responsiveness and/or segregation of privileged and/or protected information before 19 production. This Protective Order shall be interpreted to provide the maximum 20 19. No Waiver. 21 Nothing in this Protective Order shall be deemed to limit or waive any right of 22 Plaintiff or Defendant to object to discovery with respect to any information or 23 documents which may be claimed to be outside the scope of discovery for any reason, 24 including without limitation the reasons that it is privileged, confidential, and/or trade 25 secret information which would not adequately be protected by the provisions of this 26 Protective Order. 27 Defendant do not waive their respective rights to object to the admission of evidence of 28 the information and documents she/it deems confidential. Plaintiff and Defendant further In addition, by entering into this Protective Order, Plaintiff and Case No: 2:16-CV-01795 MWF (JCx) 12 STIPULATION AND PROTECTIVE ORDER 1 retain their respective rights to use her/its own documents and information within their 2 own complete discretion. 3 It is so stipulated. 4 5 SHEGERIAN & ASSOCIATES, INC. Dated: September 1, 2016 6 7 8 By: 9 10 /s/ Carney R. Shegerian Carney R. Shegerian Anthony Nguyen 11 12 Attorneys for Plaintiff TAMAR KASBARIAN 13 14 15 Date: September 1, 2016 JACKSON LEWIS P.C. 16 17 By: 18 19 /s/ Dorothy L. Black Mia Farber Dorothy L. Black Attorneys for Defendant EQUINOX HOLDINGS, INC. 20 21 22 23 IT IS SO ORDERED this 16th day of September., 2016 24 25 _______________/s/__________________ Honorable Jacqueline Chooljian UNITED STATES MAGISTRATE JUDGE 26 27 28 Case No: 2:16-CV-01795 MWF (JCx) 13 STIPULATION AND PROTECTIVE ORDER 1 EXHIBIT A 2 CONFIDENTIALITY AGREEMENT 3 4 1. My name is__________________________________________. 5 2. I have read the Protective Order (the “Order) that has been entered in the 6 matter of Tamar Kasbarian v. Equinox Holdings, Inc., et al., USDC Case No: 2:16-CV- 7 01795 MWF (JCx), a copy of which has been given to me. I understand the provisions of 8 this Order and agree to comply with and to be bound by its provisions. I submit to the 9 jurisdiction of this Court for purposes of enforcing any of the terms or provisions of the 10 11 12 Order. 3. I declare under penalty of perjury under the laws of the United States and the state of California that the foregoing is true and correct. 13 14 15 16 17 18 19 20 21 Executed this _____ day of ____________, 201__, at _______________. ______________________________________ Signature Affiliation: __________________________________________________________________ Business Address: _______________________________________________________________________ Home Address: ________________________________________________________________________ 22 23 DATED this ____ day of _________________, 201__. 24 25 26 27 28 Case No: 2:16-CV-01795 MWF (JCx) 14 STIPULATION AND PROTECTIVE ORDER 1 EXHIBIT B 2 NOTICE OF PROTECTIVE ORDER 3 1. You are being provided with a copy of this Notice of Protective Order 4 (“Notice”) to advise you that a Protective Order (“Order”) has been entered in the matter 5 of Tamar Kasbarian v. Equinox Holdings, Inc., et al., USDC Case No: 2:16-CV-01795 6 MWF (JCx). By order of the Court, you are bound by the Order upon receipt of this 7 Notice absent further order of the Court. 8 2. The purpose of the Order is to ensure that both Parties in this action are in a 9 position to produce documents in the litigation while still protecting their confidential, 10 proprietary and trade secret information and pursuing steps to minimize, if not eliminate, 11 any violation of third party privacy rights due to the disclosure of third party information. 12 Accordingly, pursuant to the Order, and absent further order of the Court, any documents 13 which you receive and/or review which are designated as “CONFIDENTIAL,” 14 “COUNSEL’S 15 “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” shall be held in strict 16 confidence, shall be used solely for the purposes of prosecution, defense, or settlement of 17 this action and for no other purpose, and shall not be used in any other lawsuit, action, or 18 other matter. POSSESSION ONLY CONFIDENTIAL MATERIAL,” or 19 20 21 22 23 24 25 26 27 28 4851-1312-9270, v. 1 Case No: 2:16-CV-01795 MWF (JCx) 15 STIPULATION AND PROTECTIVE ORDER

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