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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Carney R. Shegerian (SBN 150461)
Anthony Nguyen (SBN 259154)
SHEGERIAN & ASSOCIATES, INC.
225 Santa Monica Boulevard, Suite 700
Santa Monica, California 90401
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
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: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant
EQUINOX HOLDINGS, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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TAMAR KASBARIAN,
Plaintiff,
vs.

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EQUINOX HOLDINGS, INC.,
EQUINOX FITNESS MARINA DEL
REY, INC., EQUINOX FITNESS
SEPULVEDA, INC., inclusive,

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Defendants.

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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]

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Case No: 2:16-CV-01795 MWF (JCx)

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STIPULATION AND PROTECTIVE ORDER

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TO THE HONORABLE COURT AND TO ALL INTERESTED PARTIES:

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Plaintiff Tamar Kasbarian (“Plaintiff”), on the one hand, and Defendant Equinox

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Holdings, Inc. (“Equinox” or Defendant), on the other hand, 1 move the Court for a

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Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure

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concerning the treatment of Confidential Information (as hereinafter defined) and, as

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grounds therefore, state as follows:
1.

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In this action, at least one of the Parties has sought and/or is seeking

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Confidential Information (as defined in Paragraph 2 below). Both Parties have and

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hereby do represent that they have taken steps to protect certain documents and

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information potentially subject to disclosure through informal or formal discovery or

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otherwise subject to disclosure in the litigation as confidential, proprietary and/or trade

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secret. The Parties wish to ensure that both Parties are in a position to produce all

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responsive documents in the litigation while still protecting their confidential, proprietary

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and trade secret information and pursuing steps to minimize, if not eliminate, any

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violation of third party privacy rights due to the disclosure of third party information.

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The Parties assert the disclosure of such information outside the scope of this litigation

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could result in significant injury to one or more of the Parties’ business or privacy

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interests. The Parties have entered into this Stipulation and request the Court to enter the

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within Protective Order for the purpose of preventing the disclosure and use of

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Confidential Information except as set forth herein.

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2.

Definitions.

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a.

“Confidential Information” means any document, file, portions of files, or

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Confidential Discovery Response, including any extract, abstract, chart, summary,

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note, or copy made therefrom – not made available to the public – and designated

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by one of the Parties in the manner provided in Paragraph 3 below containing:
i. personnel

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performance

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records,
reviews,

including
disciplinary

compensation
action

and

history,
personal

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Plaintiff and Defendant are hereinafter referred to jointly as the “Parties.”

Case No: 2:16-CV-01795 MWF (JCx)

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STIPULATION AND PROTECTIVE ORDER

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identification information (including Social Security numbers,

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phone numbers and addresses) of Defendant’s current and

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former employees;

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ii. information concerning Defendant’s compensation ranges or

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structures for current and former employees and criteria for

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performance evaluation;

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iii. information

concerning

Defendant’s

employee

payment

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structures and incentive compensation plans, including but not

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limited to incentive summaries and all information used to

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calculate commissions and other incentive payments to

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Defendant’s current and former employees;

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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;

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vii. confidential financial information relating to Plaintiff;

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viii. Plaintiff’s medical information and records; and

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ix. Any other material qualifying for protection under Fed. R. Civ.
P. 26(c).

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b. “Confidential Discovery Responses” mean any documents or information

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produced by Plaintiff or Defendant in connection with this action that are

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designated as CONFIDENTIAL, which may include: (1) documents produced

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pursuant to requests under the Federal Rulesof Civil Procedure; (2) documents

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produced pursuant to a subpoena duces tecum; (3) documents produced

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voluntarily or in response to informal requests; (4) responses to interrogatories;

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(5) responses to documents requests; (6) responses to requests for admission;

Case No: 2:16-CV-01795 MWF (JCx)

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STIPULATION AND PROTECTIVE ORDER

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(7) deposition testimony; and (8) any information contained within any

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documents produced in this action."

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3.

Confidential Designation.

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Plaintiff, Defendant or any third party as to documents produced by the third party

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pursuant to discovery or subpoena, may designate as “CONFIDENTIAL,” “COUNSEL’S

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POSSESSION ONLY CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES

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ONLY

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information, or material disclosed through formal or informal discovery or otherwise in

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the course of this litigation as hereinafter set forth in Paragraphs 4-9. The Parties shall

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act in good faith and on a reasonable basis when designating material as

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“CONFIDENTIAL,”

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MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” and

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shall indicate their understanding and intention to be bound by the provisions of this

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Protective Order by executing the “Confidentiality Agreement” attached hereto as Exhibit

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A.

CONFIDENTIAL

MATERIAL”

“COUNSEL’S

any

document,

POSSESSION

deposition

ONLY

testimony,

CONFIDENTIAL

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4.

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Except upon prior written consent of the party asserting “CONFIDENTIAL”

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treatment or upon order of a court of competent jurisdiction or pursuant to a lawful

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subpoena issued in another action, documents, deposition testimony, information or

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material designated as “CONFIDENTIAL” shall be held in strict confidence, shall be

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used solely for the purposes of prosecution, defense, or settlement of this action and for

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no other purpose, and shall not be used in any other lawsuit, action, or other matter.

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Nothing in this Order restricts the ability of any party to use or disclose its own

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Confidential Information.

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testimony, information or material shall be limited to:

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Limitations on Access to Documents Designated “CONFIDENTIAL.”

a.

Access to “CONFIDENTIAL” documents, deposition

The Parties (including any officer, director, employee or agent of

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Defendant who is deemed reasonably necessary or appropriate by

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counsel in good faith to aid in the prosecution, defense or settlement

Case No: 2:16-CV-01795 MWF (JCx)

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STIPULATION AND PROTECTIVE ORDER

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of this action), counsel for the Parties hereto (including any clerks,

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secretaries, paralegals, investigators, legal assistants, and any

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employee, independent contractor, or agent of counsel for the Parties

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who is deemed reasonably necessary or appropriate by counsel in

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good faith to aid in the prosecution, defense or settlement of this

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action), court or stenographic reporters retained to report a deponent’s

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testimony taken in this litigation, and firms retained by counsel to

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provide litigation services and the employees of said firms;
b.

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Experts and consultants (including independent experts and

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consultants, and employees or clerical assistants of said experts) who

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are employed, retained or otherwise consulted by counsel or a party

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for the purpose of analyzing data, conducting studies or providing

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opinions to assist in such litigation;
c.

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Dispute resolution providers, including mediators, arbitrators and any

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other individuals employed by the Parties for the purpose of

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alternative dispute resolution;
d.

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law clerks and clerks engaged in proceedings in this case; and

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e.

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Witnesses at any deposition or other proceeding in this action, which
is reasonably necessary for the prosecution or defense of this action.

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Court and administrative personnel, including judges, court reporters,

5.

Limitations

on

Access

to

Documents

Designated

“COUNSEL’S

POSSESSION ONLY CONFIDENTIAL MATERIAL.”

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“COUNSEL’S POSSESSION ONLY CONFIDENTIAL MATERIAL,” or copies

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thereof, may be reviewed by the Parties to this litigation, officers and current employees

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of the Parties to this litigation to whom they are produced (only to the extent that they are

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responsible for the prosecution and/or defense of this litigation, are actual or potential

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witnesses, or whose knowledge of such information is otherwise necessary to enable the

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Case No: 2:16-CV-01795 MWF (JCx)

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STIPULATION AND PROTECTIVE ORDER

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Parties to prosecute or defend this action, or to engage in appellate proceedings herein),

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but may not be held in the possession of the Party to whom it is produced.

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“COUNSEL’S POSSESSION ONLY CONFIDENTIAL MATERIAL” may only

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be held in the possession of the following persons and is subject to the following

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conditions:

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a.

Counsel of record for the Parties in this litigation, now or in the

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future, their respective associates, partners, law clerks, paralegals,

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legal assistants, secretaries, and other support staff who are actively

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engaged in assisting such attorneys in the prosecution or defense of

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this litigation; provided, however, that the employees of such counsel

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to whom such access is permitted shall, prior to such access or

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disclosure, be advised of the provisions of this Protective Order and

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shall be instructed to comply with it;

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b.

Independent experts and consultants employed, consulted or retained

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in the litigation by a Party or the attorneys for a Party to perform

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investigative work, research, analysis, expert testimony and other

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services specifically related to the prosecution, defense or settlement

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of the litigation; provided, however, that the experts or consultants to

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whom such possession is permitted shall, prior to such access or

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disclosure, be advised of the provisions of this Protective Order and

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shall be instructed to comply with it;

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c.

Deposition reporters and their support personnel for purposes of

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preparing deposition transcripts; provided, however, that those to

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whom such possession is permitted shall, prior to such possession, be

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advised of the provisions of this Protective Order and shall be

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instructed to comply with it;

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d.

The court, case manager, reporters, or other personnel assigned to this
litigation;

Case No: 2:16-CV-01795 MWF (JCx)

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STIPULATION AND PROTECTIVE ORDER

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e.

this litigation.

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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.

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Any witness in a deposition in this litigation, where

documents

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designated “COUNSEL’S POSSESSION ONLY CONFIDENTIAL

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MATERIAL” is relevant to the subject matter the deponent would be

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likely to have knowledge; provided, however, that any such witness

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shall, prior to any disclosure or access, be advised of the provisions of
this Protective Order and shall be instructed to comply with it;

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b.

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The author(s), sender(s), addressee(s) and copy recipient(s) of the

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documents

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CONFIDENTIAL MATERIAL”;
c.

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“COUNSEL’S

POSSESSION

ONLY

Percipient witnesses called to testify at trial, but only for purposes of
such trial testimony.

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designated

6.

Limitations on Access to Documents Designated “ATTORNEYS EYES

ONLY CONFIDENTIAL MATERIAL.”

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Unless otherwise ordered by the Court or permitted in writing by the designating

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party, access to “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL”

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documents, testimony, information or material shall be limited to:

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a.

Outside counsel of record in this litigation for the Party receiving the

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materials, as well as employees, independent contractors, or agents of said counsel to

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whom it is reasonably necessary to disclose the information for this litigation and who

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have signed the “Confidentiality Agreement” that is attached hereto as Exhibit A; .

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b.

The Court and its personnel;

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c.

Reporters, their staff, and professional vendors to whom disclosure is

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reasonably necessary for this litigation and who have signed the “Confidentiality

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Agreement” that is attached hereto as Exhibit A;

Case No: 2:16-CV-01795 MWF (JCx)

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STIPULATION AND PROTECTIVE ORDER

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d.

Any other person(s) only with the express written permission of the

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producing/designating Party, which shall not be unreasonably withhold to whom

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

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“Confidentiality Agreement” that is attached hereto as Exhibit A.

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7.

Designation of Confidential Material.

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Designation as “CONFIDENTIAL,” “COUNSEL’S POSSESSION ONLY

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CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL

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MATERIAL” pursuant to this Protective Order may be accomplished by stamping the

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word “CONFIDENTIAL,” COUNSEL’S POSSESSION ONLY CONFIDENTIAL

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MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” on the

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face of a multiple-page document if the document is bound. If the document is not bound,

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designation of a document as “CONFIDENTIAL, ” COUNSEL’S POSSESSION ONLY

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CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL

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MATERIAL” may be accomplished by stamping or otherwise marking each page of the

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confidential document as “CONFIDENTIAL,” “COUNSEL’S POSSESSION ONLY

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CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL

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MATERIAL.” The Parties may designate documents previously produced in the

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litigation to date as “CONFIDENTIAL,”

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CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL

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MATERIAL” by providing written notice to the other party of the designation and

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identifying the documents that the Party wishes to designate as “CONFIDENTIAL,”

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“COUNSEL’S

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“ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” by Bates Numbers.

POSSESSION

ONLY

“COUNSEL’S POSSESSION ONLY

CONFIDENTIAL

MATERIAL,”

or

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8.

Designation of Deposition Testimony as Confidential.

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Plaintiff, Defendant or any third party as to testimony given by the third party at

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the

deposition,

may

designate

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“COUNSEL’S

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“ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” by stating on the record

POSSESSION

Case No: 2:16-CV-01795 MWF (JCx)

deposition
ONLY

testimony

as

CONFIDENTIAL

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“CONFIDENTIAL,”
MATERIAL,”

or

STIPULATION AND PROTECTIVE ORDER

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at the deposition, or in writing within thirty (30) days after the Court enters this

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Stipulated Protective Order, or in writing within thirty (30) days after the receipt of the

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deposition transcript, that specified testimony is confidential. During the interim period

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before the Court enters this Stipulated Protective Order and the interim 30-day period

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after a deposition transcript is received, transcripts will be treated as “CONFIDENTIAL”

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under the terms of this Order.

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9.

Designation of Discovery Responses as Confidential.

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Plaintiff, Defendant or any third party as to information given by that party in

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response to information requests, may designate as “CONFIDENTIAL,” “COUNSEL’S

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POSSESSION ONLY CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES

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ONLY CONFIDENTIAL MATERIAL” any specific responses to information requests

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by labeling the specific response “CONFIDENTIAL,” “COUNSEL’S POSSESSION

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ONLY

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CONFIDENTIAL MATERIAL.”

CONFIDENTIAL

MATERIAL,”

or

“ATTORNEYS

EYES

ONLY

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10.

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Any papers to be filed with the Court that contain information and/or documents

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that have been designated as “CONFIDENTIAL,” “COUNSEL’S POSSESSION ONLY

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CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL

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MATERIAL,” shall be submitted to the Court in accordance with Local Rule 79-5

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(amended December 1, 2015), including Local Rule 79-5.2.2.

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11.

Use of Confidential Documents or Information in Court Filings.

Disclosure to Experts, Witnesses and Dispute Resolution Providers.

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“CONFIDENTIAL,”

COUNSEL’S

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MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL”

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documents, deposition testimony, information or material shall not be disclosed to any

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expert or consultant (as defined in Paragraph 4(b)) or any dispute resolution provider (as

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defined in Paragraph 4(c)) or any witness at any deposition in this action unless and until

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such person is given a copy of Exhibit B to this Order. Upon receipt of Exhibit B, which

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recites this Order’s restriction on the use of “CONFIDENTIAL,” COUNSEL’S

Case No: 2:16-CV-01795 MWF (JCx)

POSSESSION

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ONLY

CONFIDENTIAL

STIPULATION AND PROTECTIVE ORDER

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POSSESSION ONLY CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES

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ONLY CONFIDENTIAL MATERIAL” documents, the expert or consultant (as defined

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in Paragraph 4(b)) or any dispute resolution provider (as defined in Paragraph 4(c)) or

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any witness at any deposition will become bound by this Order.

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12.

Limitation on Copies of Confidential Information.

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No party shall, for itself or for any person or persons acting on its behalf, make

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more copies of any “CONFIDENTIAL,”

“COUNSEL’S POSSESSION ONLY

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CONFIDENTIAL MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL

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MATERIAL” information or material than are reasonably necessary to conduct this

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litigation.

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13.

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Except as otherwise provided for in this Protective Order, all “CONFIDENTIAL,”

Storage of Confidential Information.

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COUNSEL’S

POSSESSION

ONLY

CONFIDENTIAL

MATERIAL,”

or

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“ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” information and material

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(except information and material in the possession of the Court/Court personnel) shall

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remain in the possession of counsel for the respective Parties or their experts or

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consultants (after compliance with Paragraph 11) and be stored in a secure place.

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14.

Challenge to Confidential Designation.

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If Plaintiff, Defendant or any third party objects to the designation of any

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document, deposition testimony, information, or material, the Parties, in compliance with

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Local Rule 37-1, shall attempt to resolve the dispute in good faith on an informal basis.

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If the Parties are unable to resolve the dispute informally within ten (10) business days

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after the time the informal notice is received, in compliance with Local Rule 37-2, the

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objecting party may apply to the Court for a ruling that the document, deposition

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testimony, information, or material shall not be so treated. In any proceeding to release

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confidential material from its designation, or to change the designation of any such

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material, the burden shall be upon the designating party to establish that good cause

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exists for the disputed information to be treated as described in Paragraphs 4-9 under Fed.

Case No: 2:16-CV-01795 MWF (JCx)

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STIPULATION AND PROTECTIVE ORDER

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R. Civ. P. 26(c). If the objecting party files a timely motion, the material shall continue

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to be remain protected under the terms of the Protective Order until the Court rules on

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such motion.

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15.

Return of Confidential Information Upon Resolution of the Lawsuit.

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Upon termination of this litigation, all originals and copies of “CONFIDENTIAL,”

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“COUNSEL’S

POSSESSION

ONLY

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“ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” documents, deposition

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testimony, information, or material (and all summaries thereof) (except those in the

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possession of the Court/Court personnel) shall be returned to counsel for the producing

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party(ies) or destroyed, except that counsel for the Parties may keep one copy of such

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documents, deposition testimony, information, or material for their records.

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“CONFIDENTIAL,”

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MATERIAL,” or “ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL”

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documents, deposition testimony, information, or material (and all summaries thereof) is

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destroyed rather than returned, counsel responsible for destruction must verify to counsel

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for the producing party(ies) that said documents have been destroyed within 30 days of

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termination of this litigation.

“COUNSEL’S

CONFIDENTIAL

POSSESSION

ONLY

MATERIAL,”

or

If

CONFIDENTIAL

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16.

Additional or Different Protection for Confidential Information.

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The parties understand that trials are presumptively public proceedings and that,

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absent further order of the presiding judicial officer, the trial in this matter will be open to

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the public and all information/evidence presented at trial will be made public. Should

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either party seek to use any Confidential Discovery Responses at trial, the parties shall –

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prior to the pretrial conference/trial -- confer in an effort to agree upon a procedure to

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propose to the Court regarding maintenance of the confidentiality of such information

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and documents at trial.

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Nothing in this Protective Order shall preclude any party from seeking and

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obtaining from counsel for the opposing party or the Court, on appropriate showing, a

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further stipulation and/or protective order relating to any discovery in this case or the use

Case No: 2:16-CV-01795 MWF (JCx)

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STIPULATION AND PROTECTIVE ORDER

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of confidential discovery responses and transcribed or videotaped testimony at trial or

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filing a motion seeking further or different protection from the Court under Rule 26(c) of

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the Federal Rules of Civil Procedure, or from filing a motion with respect to the manner

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in which Confidential Information shall be treated at trial.

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17.

Modification.

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This Protective Order may be modified by the Court at any time for good cause

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shown following notice to both Parties and an opportunity for them to be heard. This

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Order shall survive the final termination of this action, to the extent that the Confidential

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Information is not or does not become known to the public.

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18.

Federal Rule of Evidence 502(d).

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The production of privileged or work-product protected documents, electronically

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stored information or information, whether inadvertent or otherwise, is not a waiver of

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the privilege or protection from discovery in this case or in any other federal or state

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proceeding.

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protection allowed by Federal Rule of Evidence 502(d). Nothing contained herein is

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intended to or shall serve to limit a Party’s right to conduct a review of documents,

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electronically stored information or information (including metadata) for relevance,

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responsiveness and/or segregation of privileged and/or protected information before

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production.

This Protective Order shall be interpreted to provide the maximum

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19.

No Waiver.

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Nothing in this Protective Order shall be deemed to limit or waive any right of

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Plaintiff or Defendant to object to discovery with respect to any information or

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documents which may be claimed to be outside the scope of discovery for any reason,

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including without limitation the reasons that it is privileged, confidential, and/or trade

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secret information which would not adequately be protected by the provisions of this

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Protective Order.

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Defendant do not waive their respective rights to object to the admission of evidence of

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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)

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STIPULATION AND PROTECTIVE ORDER

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retain their respective rights to use her/its own documents and information within their

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own complete discretion.

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It is so stipulated.

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SHEGERIAN & ASSOCIATES, INC.

Dated: September 1, 2016

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By:

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/s/ Carney R. Shegerian
Carney R. Shegerian
Anthony Nguyen

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Attorneys for Plaintiff
TAMAR KASBARIAN

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Date:

September 1, 2016

JACKSON LEWIS P.C.

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By:

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/s/ Dorothy L. Black
Mia Farber
Dorothy L. Black
Attorneys for Defendant
EQUINOX HOLDINGS, INC.

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IT IS SO ORDERED this 16th day of September., 2016

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_______________/s/__________________
Honorable Jacqueline Chooljian
UNITED STATES MAGISTRATE JUDGE

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Case No: 2:16-CV-01795 MWF (JCx)

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STIPULATION AND PROTECTIVE ORDER

1

EXHIBIT A

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CONFIDENTIALITY AGREEMENT

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4

1.

My name is__________________________________________.

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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-

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01795 MWF (JCx), a copy of which has been given to me. I understand the provisions of

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this Order and agree to comply with and to be bound by its provisions. I submit to the

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jurisdiction of this Court for purposes of enforcing any of the terms or provisions of the

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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.

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Executed this _____ day of ____________, 201__, at _______________.
______________________________________
Signature
Affiliation:
__________________________________________________________________
Business Address:
_______________________________________________________________________
Home Address:
________________________________________________________________________

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DATED this ____ day of _________________, 201__.

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Case No: 2:16-CV-01795 MWF (JCx)

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STIPULATION AND PROTECTIVE ORDER

1

EXHIBIT B

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NOTICE OF PROTECTIVE ORDER

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1.

You are being provided with a copy of this Notice of Protective Order

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(“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

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Notice absent further order of the Court.

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2.

The purpose of the Order is to ensure that both Parties in this action are in a

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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,

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any violation of third party privacy rights due to the disclosure of third party information.

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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,”

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“COUNSEL’S

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“ATTORNEYS EYES ONLY CONFIDENTIAL MATERIAL” shall be held in strict

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confidence, shall be used solely for the purposes of prosecution, defense, or settlement of

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this action and for no other purpose, and shall not be used in any other lawsuit, action, or

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other matter.

POSSESSION

ONLY

CONFIDENTIAL

MATERIAL,”

or

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4851-1312-9270, v. 1

Case No: 2:16-CV-01795 MWF (JCx)

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STIPULATION AND PROTECTIVE ORDER