Sunil Sudunagunta v. Nantkwest, Inc. et al

Filing 131

STIPULATED PROTECTIVE ORDER by Magistrate Judge John E. McDermott re Stipulation for Protective Order, 130 . [See Order for details.] (san)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SUNIL SUDUNAGUNTA,
Individually and on Behalf of All
Others Similarly Situated,
Plaintiff,
vs.
NANTKWEST, INC., PATRICK
SOON-SHIONG, RICHARD
GOMBERG, BARRY J. SIMON,
STEVE GORLIN, MICHAEL D.
BLASZYK, HENRY JI,
RICHARD KUSSEROW, JOHN
T. POTTS, JR., ROBERT
ROSEN, JOHN C. THOMAS,
JR., MERRILL LYNCH,
PIERCE, FENNER & SMITH,
INC., CITIGROUP GLOBAL
MARKETS INC., JEFFERIES
LLC, PIPER JAFFRAY & CO.,
and MLV & CO., LLC.,
Defendants.

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STIPULATED PROTECTIVE ODER
2:16-CV-01947-MWF-JEM

No. 2:16-cv-01947-MWF-JEM
Consolidated with
2:16-cv-3438-MWF-JEM
CLASS ACTION
STIPULATED PROTECTIVE
ORDER

1 1.
2

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

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. The parties further acknowledge, as set forth
11 in Section 12.3, below, that this Stipulated Protective Order does not entitle them
12 to file confidential information under seal; Civil Local Rule 79-5 sets forth the
13 procedures that must be followed and the standards that will be applied when a
14 party seeks permission from the Court to file material under seal.
15

B. GOOD CAUSE STATEMENT

16

This action is likely to involve development, commercial, financial,

17 technical and/or proprietary information for which special protection from public
18 disclosure and from use for any purpose other than prosecution of this action is
19 warranted. Such confidential and proprietary materials and information consist of,
20 among other things, confidential business or financial information, information
21 regarding confidential business practices, or other confidential research,
22 development, or commercial information (including information implicating
23 privacy rights of third parties), information otherwise generally unavailable to the
24 public, or which may be privileged or otherwise protected from disclosure under
25 state or federal statutes, court rules, case decisions, or common law. Accordingly,
26 to expedite the flow of information, to facilitate the prompt resolution of disputes
27 over confidentiality of discovery materials, to adequately protect information the
28 parties are entitled to keep confidential, to ensure that the parties are permitted
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1 reasonable necessary uses of such material in preparation for and in the conduct of
2 this litigation, to address their handling at the end of the litigation, and to serve the
3 ends of justice, a protective order for such information is justified in this matter. It
4 is the intent of the parties that information will not be designated as confidential
5 for tactical reasons and that nothing be so designated without a good faith belief
6 that it has been maintained in a confidential, non-public manner, and there is good
7 cause why it should not be part of the public record of this case.
8 2.

DEFINITIONS

9

2.1

Action: this pending federal law suit, case No. 2:16-CV-01947-MWF-

10 JEM, including all actions consolidated therein.
11

2.2

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

12 designation of information or items under this Order.
13

2.3

“CONFIDENTIAL” Information or Items: information (regardless of

14 how it is generated, stored or maintained) or tangible things that qualify for
15 protection under Federal Rule of Civil Procedure 26(c) or as specified above in the
16 Good Cause Statement.
17

2.4

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

18 their support staff).
19

2.5

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

20 items that it produces in this Action as “CONFIDENTIAL” or “CONFIDENTIAL
21 – ATTORNEYS’ EYES ONLY.”
22

2.6

Disclosure or Discovery Material: all items or information, regardless

23 of the medium or manner in which it is generated, stored, or maintained (including,
24 among other things, testimony, transcripts, and tangible things), that are produced
25 or generated voluntarily or in disclosures or responses to discovery in this Action.
26

2.7

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

27 pertinent to the litigation who has been retained by a Party or its counsel to serve
28
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1 as an expert witness or as a consultant in this Action, together with such person’s
2 support firm (if any).
3

2.8

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

4 House Counsel does not include Outside Counsel of Record or any other outside
5 counsel.
6

2.9

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

7 other legal entity not named as a Party to this action.
8

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

9 party to this Action but are retained to represent or advise a party to this Action
10 and have appeared in this Action on behalf of that party or are affiliated with a law
11 firm which has appeared on behalf of that party, and includes support staff.
12

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

13 employees, consultants, retained experts, and Outside Counsel of Record (and their
14 support staffs).
15

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

16 Discovery Material in this Action.
17

2.13 Professional Vendors: persons or entities that provide litigation

18 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
19 demonstrations, and organizing, storing, or retrieving data in any form or medium)
20 and their employees and subcontractors.
21

2.14 Protected Material: any Disclosure or Discovery Material that is

22 designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES
23 ONLY.”
24

2.15 Receiving Party: a Party that receives Disclosure or Discovery

25 Material from a Producing Party.
26 3.

SCOPE

27

The protections conferred by this Stipulation and Order cover not only

28 Protected Material (as defined above), but also (1) any information copied or
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1 extracted from Protected Material; (2) all copies, excerpts, summaries, or
2 compilations of Protected Material; and (3) any testimony, conversations, or
3 presentations by Parties or their Counsel that might reveal Protected Material.
4

Any use of Protected Material at trial shall be governed by the orders of the

5 trial judge. This Order does not govern the use of Protected Material at trial.
6 4.

DURATION

7

Even after final disposition of this litigation, the confidentiality obligations

8 imposed by this Order shall remain in effect until a Designating Party agrees
9 otherwise in writing or a court order otherwise directs. Final disposition shall be
10 deemed to be the later of (1) dismissal of all claims and defenses in this Action,
11 with or without prejudice; and (2) final judgment herein after the completion and
12 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
13 including the time limits for filing any motions or applications for extension of
14 time pursuant to applicable law.
15 5.

DESIGNATING PROTECTED MATERIAL

16

5.1

Exercise of Restraint and Care in Designating Material for Protection.

17 Each Party or Non-Party that designates information or items for protection under
18 this Order must take care to limit any such designation to specific material that
19 qualifies under the appropriate standards. The Designating Party must designate for
20 protection only those parts of material, documents, items, or oral or written
21 communications that qualify so that other portions of the material, documents,
22 items, or communications for which protection is not warranted are not swept
23 unjustifiably within the ambit of this Order.
24

Mass, indiscriminate, or routinized designations are prohibited. Designations

25 that are shown to be clearly unjustified or that have been made for an improper
26 purpose (e.g., to unnecessarily encumber the case development process or to
27 impose unnecessary expenses and burdens on other parties) may expose the
28 Designating Party to sanctions.
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If it comes to a Designating Party’s attention that information or items that it

2 designated for protection do not qualify for protection, that Designating Party must
3 promptly notify all other Parties that it is withdrawing the inapplicable designation.
4

5.2

Manner and Timing of Designations. Except as otherwise provided in

5 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
6 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
7 under this Order must be clearly so designated before the material is disclosed or
8 produced.
9
10

Designation in conformity with this Order requires:
(a)

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

11 documents, but excluding transcripts of depositions or other pretrial or trial
12 proceedings), that the Producing Party affix at a minimum, the legend
13 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
14 contains protected material. If only a portion or portions of the material on a page
15 qualifies for protection, the Producing Party also must clearly identify the
16 protected portion(s) (e.g., by making appropriate markings in the margins).
17

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

18 need not designate them for protection until after the inspecting Party has indicated
19 which documents it would like copied and produced. During the inspection and
20 before the designation, all of the material made available for inspection shall be
21 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
22 documents it wants copied and produced, the Producing Party must determine
23 which documents, or portions thereof, qualify for protection under this Order.
24 Then, before producing the specified documents, the Producing Party must affix, at
25 a minimum, the “CONFIDENTIAL legend” to each page that contains Protected
26 Material. If only a portion or portions of the material on a page qualifies for
27 protection, the Producing Party also must clearly identify the protected portion(s)
28 (e.g., by making appropriate markings in the margins).
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1

(b)

for testimony given in depositions or other proceedings, that the

2 Designating Party, within 21 days after receiving the final transcript, specify in
3 writing to all Parties the portions of the transcript that contain CONFIDENTIAL
4 Information or Items. The entirety of the deposition or other testimony shall
5 constitute Protected Material prior to the expiration of such 21-day period;
6 thereafter, only the portions so specified shall constitute Protected Material. In
7 addition to or in lieu of the foregoing procedure, the Designating Party may
8 designate on the record of the deposition or other proceeding the portions that
9 contain CONFIDENTIAL Information or Items.
10

(c)

for information produced in some form other than documentary

11 and for any other tangible items, that the Producing Party affix, at a minimum, in a
12 prominent place on the exterior of the container or containers in which the
13 information is stored, the legend “CONFIDENTIAL.” If only a portion or portions
14 of the information warrants protection, the Producing Party, to the extent
15 practicable, shall identify the protected portion(s).1
16

5.3

Inadvertent Failures to Designate. An inadvertent failure to designate,

17 or failure to properly designate, information or items does not waive the
18 Designating Party’s right to do so. Upon correction of a designation, the Receiving
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1

A Party or Non-Party that believes in good faith that CONFIDENTIAL
Information or Items contain its highly confidential and competitively sensitive
business information, and that such information could cause competitive harm if
viewed by an individual Receiving Party, or the officers, directors, or employees
(including House Counsel) of a Receiving Party that is an entity, may designate
such information or items “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in
the same manner as it could designate such information or items
“CONFIDENTIAL.” Such information or items shall be treated the same as other
Protected Material under this Stipulated Protective Order, except that they shall not
be disclosed to an individual Receiving Party, or to the officers, directors, or
employees (including House Counsel) of a Receiving Party that is an entity. The
Parties hereto recognize that such a designation impedes the ability of counsel to
communicate with their clients, and shall be used only sparingly to avoid
competitive injury.
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1 Party must make reasonable efforts to assure that the material is treated in
2 accordance with the provisions of this Order.
3 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

4

6.1

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

5 designation of confidentiality at any time that is consistent with the Court’s
6 Scheduling Order.
7

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

8 resolution process under Local Rule 37.1 et seq.
9

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

10 Designating Party. Frivolous challenges, and those made for an improper purpose
11 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
12 expose the Challenging Party to sanctions. Unless the Designating Party has
13 waived or withdrawn the confidentiality designation, all parties shall continue to
14 afford the material in question the level of protection to which it is entitled under
15 the Producing Party’s designation until the Court rules on the challenge.
16 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

17

7.1

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

18 disclosed or produced by another Party or by a Non-Party in connection with this
19 Action only for prosecuting, defending, or attempting to settle this Action. Such
20 Protected Material may be disclosed only to the categories of persons and under
21 the conditions described in this Order. When the Action has been terminated, a
22 Receiving Party must comply with the provisions of section 13 below (FINAL
23 DISPOSITION).
24

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

25 location and in a manner that reasonably ensures that access is limited to the
26 persons authorized under this Order.
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1

7.2

Disclosure of Protected Material. Unless otherwise ordered by the

2 Court or permitted in writing by the Designating Party, a Receiving Party may
3 disclose Protected Material only to:
4

(a)

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

5 well as employees of said Outside Counsel of Record to whom it is reasonably
6 necessary to disclose the information for this Action;
7

(b)

the Receiving Party, if an individual, or the officers, directors, and

8 employees (including House Counsel) of the Receiving Party, if an entity, to whom
9 disclosure is reasonably necessary for this Action (except that information or items
10 designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall not be
11 disclosed to such persons);
12

(c)

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

13 disclosure is reasonably necessary for this Action and who have signed the
14 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15

(d)

the Court and its personnel;

16

(e)

court reporters and their staff;

17

(f)

professional jury or trial consultants, mock jurors, and Professional

18 Vendors to whom disclosure is reasonably necessary for this Action and who have
19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A) (although
20 in the case of mock jurors, it shall be sufficient if they sign an undertaking to
21 maintain in confidence the information disclosed to them in the course of serving
22 as mock jurors);
23

(g)

the author or recipient of a document containing the information or

24 a custodian or other person who otherwise possessed or knew the information;
25

(h)

during their deposition or other testimony in the Action and in

26 preparation therefor, witnesses, and attorneys for witnesses, in the Action to whom
27 disclosure is reasonably necessary provided that: (1) the Party imparting the
28 Protected Material to the witness requests that the witness sign the
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1 “Acknowledgment and Agreement to Be Bound” (Exhibit A hereto); and (2) the
2 witness will not be permitted to keep copies of any Protected Material unless he or
3 she signs the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
4 otherwise agreed by the Designating Party or ordered by the Court; and
5

(i)

any mediator or settlement officer, and their supporting personnel,

6 mutually agreed upon by any of the Parties engaged in settlement discussions.
7 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

8 IN OTHER LITIGATION
9

If a Party is served with a subpoena, court order, discovery request, or other

10 process in another litigation or proceeding that seeks or purports to compel
11 disclosure of any Protected Material (collectively, a “Disclosure Request”), that
12 Party must:
13

(a)

promptly notify in writing the Designating Party. Such notification

14 shall include a copy of the Disclosure Request;
15

(b)

promptly notify in writing the party who caused the Disclosure

16 Request to issue that some or all of the material covered by the subpoena or order
17 is subject to this Protective Order. Such notification shall include a copy of this
18 Protective Order; and
19

(c)

cooperate with respect to all reasonable procedures sought to be

20 pursued by the Designating Party whose Protected Material may be affected.
21

The Party that received the Disclosure Request shall not produce any

22 Protected Material in response to the Disclosure Request unless and until (1) the
23 time for the affected Designating Party to seek a protective order from the court or
24 other tribunal from which the Disclosure Request issued has expired without the
25 Designating Party having sought such an order; or (2) the request for a protective
26 order has been finally denied by that court or tribunal, with no further opportunity
27 for appeal or review of such denial. The Designating Party shall bear the burden
28 and expense of seeking protection for its confidential material in the other court or
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1 tribunal.

Nothing in these provisions should be construed as authorizing or

2 encouraging a Receiving Party in this Action to disobey a lawful directive from
3 another court.
4 9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

5 PRODUCED IN THIS LITIGATION
6

(a)

The terms of this Order are applicable to information produced by

7 a Non-Party in this Action and designated as “CONFIDENTIAL” or
8 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced
9 by Non-Parties in connection with this litigation is protected by the remedies and
10 relief provided by this Order. Nothing in these provisions should be construed as
11 prohibiting a Non-Party from seeking additional protections.
12

(b)

In the event that a Party is required, by a valid discovery request in

13 this Action, to produce a Non-Party’s confidential information in its possession,
14 custody, or control, and the Party is subject to an agreement with the Non-Party not
15 to produce the Non-Party’s confidential information, then the Party shall:
16

(1)

promptly notify in writing the requesting party and the Non-

17 Party that some or all of the information requested is subject to a confidentiality
18 agreement with a Non-Party;
19

(2)

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

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

(3)

make the information requested available for inspection by the

23 Non-Party, if requested.
24

(c)

If the Non-Party fails to seek a protective order from this Court

25 within 14 days of receiving the notice and accompanying information, the Party
26 that received the discovery request may produce the Non-Party’s confidential
27 information responsive to the discovery request. If the Non-Party timely seeks a
28 protective order, the Receiving Party shall not produce such information before a
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1 determination by the Court. Absent a Court order to the contrary, the Non-Party
2 shall bear the burden and expense of seeking protection in this Court of its
3 Protected Material.
4 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

5

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

6 disclosed Protected Material to any person or in any circumstance not authorized
7 under this Stipulated Protective Order, the Receiving Party must immediately
8 (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use
9 its best efforts to retrieve all unauthorized copies of the Protected Material,
10 (c) inform the person or persons to whom unauthorized disclosures were made of
11 all the terms of this Order, and (d) request such person or persons to execute the
12 “Acknowledgment and Agreement to Be Bound” that is attached hereto as
13 Exhibit A.
14 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

15 PROTECTED MATERIAL
16

Nothing in this Order shall require production of information that a Party

17 contends is protected from disclosure by the attorney-client privilege, the work
18 product immunity, or other privilege, doctrine, right, or immunity.

When a

19 Producing Party gives notice to Receiving Parties that certain inadvertently
20 produced material is subject to a claim of privilege or other protection, the
21 obligations of the Receiving Parties are those set forth in Federal Rule of Civil
22 Procedure 26(b)(5)(B). This provision is not intended to modify whatever
23 procedure may be established in an e-discovery order that provides for production
24 without prior privilege review. Pursuant to Fed. R. Evid. 502(d), where the three
25 requirements described in Fed. R. Civ. P. 502(b) are satisfied such that inadvertent
26 production of a privileged or protected document is not a waiver of privilege or
27 protection from discovery in this case, it shall not operate as a waiver in any other
28 federal or state proceeding.
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1 12.

MISCELLANEOUS

2

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

3 any person to seek its modification by the Court in the future.
4

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

5 Protective Order, no Party waives any right it otherwise would have to object to
6 disclosing or producing any information or item on any ground not addressed in
7 this Stipulated Protective Order. Similarly, no Party waives any right to object on
8 any ground to use in evidence of any of the material covered by this Stipulated
9 Protective Order.
10

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

11 Protected Material must comply with Civil Local Rule 79-5. Protected Material
12 may only be filed under seal pursuant to a Court order authorizing the sealing of
13 the specific Protected Material at issue. If a Party's request to file Protected
14 Material under seal is denied by the Court, then the Receiving Party may file the
15 information in the public record unless otherwise instructed by the Court.
16

12.3 Nothing in this Stipulated Protective Order shall in any way limit a

17 Designating Party’s ability to use or disclose its own CONFIDENTIAL
18 Information or Items.
19 13.

FINAL DISPOSITION

20

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

21 4, each Receiving Party must return all Protected Material to the Producing Party
22 or destroy such material. As used in this subdivision, “all Protected Material”
23 includes all copies, abstracts, compilations, summaries, and any other format
24 reproducing or capturing any of the Protected Material. Whether the Protected
25 Material is returned or destroyed, the Receiving Party must submit a written
26 certification to the Producing Party (and, if not the same person or entity, to the
27 Designating Party) by the 60-day deadline that (1) summarizes the Protected
28 Material that was returned or destroyed and (2) affirms that the Receiving Party
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1 has not retained any copies, abstracts, compilations, summaries or any other format
2 reproducing or capturing any of the Protected Material. Notwithstanding this
3 provision, Counsel are entitled to retain an archival copy of all pleadings, motion
4 papers,

trial,

deposition,

and

hearing

transcripts,

legal

memoranda,

5 correspondence, deposition and trial exhibits, expert reports, attorney work
6 product, and consultant and expert work product, even if such materials contain
7 Protected Material. Any such archival copies that contain or constitute Protected
8 Material remain subject to this Protective Order as set forth in Section 4
9 (DURATION).
10 14.

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

11 measures including, without limitation, contempt proceedings and/or monetary
12 sanctions.
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1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2 Dated: November 21, 2017
3

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

4
By: /s/Cynthia A. Dy

5

Boris Feldman
Cynthia A. Dy
Michael R. Petrocelli
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendants
NantKwest, Inc., Patrick Soon-Shiong, Richard
Gomberg, Barry J. Simon, Steve Gorlin, Michael
D. Blaszyk, Henry Ji, Richard Kusserow, John T.
Potts, Jr., Robert Rosen, and John C. Thomas Jr.

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16 Dated: November 21, 2017
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MUNGER TOLLES & OLSON LLP

By: /s/James C. Rutten ___

19

George M. Garvey
James C. Rutten
Sara N. Taylor
350 South Grand Avenue, 50th Floor
Los Angeles, California 90071-3426
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendants Merrill Lynch, Pierce,
Fenner & Smith Incorporated, Citigroup
Global Markets Inc., Jefferies LLC, Piper Jaffray
& Co., MLV & Co., LLC

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1 Dated: November 21, 2017

GLANCY PRONGAY & MURRAY LLP

2
3

By: /s/Kara M. Wolke___

4

Robert V. Prongay
Kara M. Wolke
Alexa Mullarky
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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POMERANTZ LLP

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Jennifer Pafiti
468 North Camden Drive
Beverly Hills, CA 90210
Telephone: [phone]
Email: [e-mail]

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Patrick V. Dahlstrom
Joshua B. Silverman
Omar Jafri
10 South La Salle Street, Suite 305
Chicago, Illinois 60603
Telephone: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Jeremy A. Lieberman
J. Alexander Hood II
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]
Email: [e-mail]
[e-mail]

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STIPULATED PROTECTIVE ORDER
2:16-CV-01947-MWF-JEM

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NantKwest Stipulated Protective Order.docx

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BRAGAR EAGEL & SQUIRE P.C.
Lawrence Eagel
Todd H. Henderson
885 Third Avenue, Suite 3040
New York, New York 10022
Telephone: [phone]
Email: [e-mail]
[e-mail]

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7 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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9 DATED: November 29, 2017
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______________________________
United States District/Magistrate Judge

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STIPULATED PROTECTIVE ORDER
2:16-CV-01947-MWF-JEM

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NantKwest Stipulated Protective Order.docx

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

__________________________

[print

or

type

full

name],

of

4 ____________________________________ [print or type full address], declare
5 under penalty of perjury that I have read in its entirety and understand the
6 Stipulated Protective Order that was issued by the United States District Court for
7 the Central District of California on ____________[date] in the case of
8 Sudunagunta v. NantKwest, Inc. et al., Case No. 2:16-CV-01947-MWF-JEM. I
9 agree to comply with and to be bound by all the terms of this Stipulated Protective
10 Order and I understand and acknowledge that failure to so comply could expose
11 me to sanctions and punishment in the nature of contempt. I solemnly promise that
12 I will not disclose in any manner any information or item that is subject to this
13 Stipulated Protective Order to any person or entity except in strict compliance with
14 the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District

16 Court for the Central District of California for the purpose of enforcing the terms
17 of this Stipulated Protective Order, even if such enforcement proceedings occur
18 after termination of this action. I hereby appoint _________________________
19 [print or type full name] of ____________________________________ [print or
20 type full address and telephone number] as my California agent for service of
21 process in connection with this action or any proceedings related to enforcement of
22 this Stipulated Protective Order.
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24 Date:
25 City and State where sworn and signed:
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Printed name:
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28 Signature:
STIPULATED PROTECTIVE ORDER
2:16-CV-01947-MWF-JEM

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NantKwest Stipulated Protective Order.docx

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ATTESTATION PURSUANT TO LOCAL RULE 5-4.3.4
I, Cali Tran, am the ECF User whose identification and password are being

3 used to file the STIPULATED PROTECTIVE ORDER. In compliance with
4 Local Rule 5-4.3.4, I hereby attest that each of the signatories above has concurred
5 in this filing.
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7 Dated: November 21, 2017

Respectfully submitted,

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WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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By:

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/s/CaliTran
Cali Tran

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Attorney for Defendants

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NantKwest, Inc., Patrick Soon-Shiong,
Richard Gomberg, Barry J. Simon, Steve
Gorlin, Michael D. Blaszyk, Henry Ji,
Richard Kusserow, John T. Potts, Jr.,
Robert Rosen, and John C. Thomas Jr.

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STIPULATED PROTECTIVE ORDER
2:16-CV-01947-MWF-JEM

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NantKwest Stipulated Protective Order.docx