Galderma S.A. v. Peri et al

Filing 67

PROTECTIVE ORDER by Magistrate Judge John E. McDermott re EX PARTE APPLICATION for Order for Stipulated Protective Order 65 . (san)

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SHADES OF GRAY LAW GROUP, P.C.
NAOMI JANE GRAY (SBN 230171)
Email: [e-mail]
548 Market Street, # 18014
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
LOMBARD & GELIEBTER LLP
DARREN M. GELIEBTER, pro hac vice pending
Email: [e-mail]
G. MATHEW LOMBARD, pro hac vice
Email: [e-mail]
ERIC J. HUANG, pro hac vice
Email: [e-mail]
305 Broadway, 7th Floor
New York, NY 10007
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Galderma S.A.
OSTERGAR LAW GROUP P.C.
ALLEN CARLSEN OSTERGAR III (SBN 166411)
Email: [e-mail]
27101 Puerta Real, Ste 450
Mission Viejo, CA 92691
Telephone: [phone]
Facsimile: [phone]

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Attorney for Defendants
Joseph A. Peri and
Skinn Cosmetics, LLC

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STIPULATED PROTECTIVE ORDER

CASE NO. 2:16-CV-02366-BRO-JEM

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Case No. 2:16-CV-02366-BRO-JEM

GALDERMA S.A.,

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STIPULATED PROTECTIVE
ORDER

Plaintiff,

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v.
JOSEPH A. PERI and
SKINN COSMETICS, LLC,

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Defendants.

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1.

PURPOSES AND LIMITATIONS

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Disclosure and discovery activity in this action are likely to involve production of

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confidential, proprietary, or private information for which special protection from public

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

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warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the

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following Stipulated Protective Order. The parties acknowledge that this Order does not

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confer blanket protections on all disclosures or responses to discovery and that the

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protection it affords from public disclosure and use extends only to the limited

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information or items that are entitled to confidential treatment under the applicable legal

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

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Stipulated Protective Order does not entitle them to file confidential information under

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seal; Local Rule 79-5 sets forth the procedures that must be followed and the standards

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that will be applied when a party seeks permission from the court to file material under

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seal.

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2.

GOOD CAUSE STATEMENT

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Good cause exists for this protective order because documents that are expected to

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be exchanged in this matter include information that is not available to the public or

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competitors including the following categories of documents: product pricing

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information, internal financial reports, and internal sales reports.

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3.

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DEFINITIONS
3.1.

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

information or items under this Order.
3.2.

“CONFIDENTIAL” and “HIGHLY CONFIDENTIAL” Information or

Items: information (regardless of how it is generated, stored or maintained) or tangible
things that qualify for protection under Federal Rule of Civil Procedure 26(c).
3.3.

Counsel (without qualifier): Outside Counsel of Record and House Counsel

(as well as their support staff).
3.4.

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

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items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL”

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or “HIGHLY CONFIDENTIAL.”

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3.5.

Disclosure or Discovery Material: all items or information, regardless of the

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

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

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disclosures or responses to discovery in this matter.

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3.6.

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

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

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expert witness or as a consultant in this action.

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3.7.

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

House Counsel does not include Outside Counsel of Record or any other outside counsel.
3.8.

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

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

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CASE NO. 2:16-CV-02366-BRO-JEM

3.9.

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Outside Counsel of Record: attorneys who are not employees of a party to

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this action but are retained to represent or advise a party to this action and have appeared

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in this action on behalf of that party or are affiliated with a law firm which has appeared

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on behalf of that party.

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3.10. Party: any party to this action, including all of its officers, directors,

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

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

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Discovery Material in this action.
3.12. Professional Vendors: persons or entities that provide litigation support

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services

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

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their employees and subcontractors.

videotaping,

translating,

preparing

exhibits

or

as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL” or “TRADE SECRET.”
3.14. Receiving Party: a Party that receives Disclosure or Discovery Material

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photocopying,

3.13. Protected Material: any Disclosure or Discovery Material that is designated

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(e.g.,

from a Producing Party.

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3.15. Trade Secret: shall include (i) confidential forward looking business,

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marketing, advertising or promotional plans, (ii) confidential inventions, (iii) confidential

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processes, (iv) confidential methods, and (v) proprietary customer information.".

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4.

SCOPE

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The protections conferred by this Stipulation and Order cover not only Protected

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

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Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

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Material; and (3) any testimony, conversations, or presentations by Parties or their

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Counsel that might reveal Protected Material. However, the protections conferred by this

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Stipulation and Order do not cover the following information: (a) any information that is

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CASE NO. 2:16-CV-02366-BRO-JEM

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in the public domain at the time of disclosure to a Receiving Party or becomes part of the

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public domain after its disclosure to a Receiving Party as a result of publication not

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involving a violation of this Order, including becoming part of the public record through

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trial or otherwise; and (b) any information known to the Receiving Party prior to the

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disclosure or obtained by the Receiving Party after the disclosure from a source who

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obtained the information lawfully and under no obligation of confidentiality to the

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Designating Party. Any use of Protected Material at trial shall be governed by a separate

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agreement or order.

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5.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees otherwise in

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writing or a court order otherwise directs. Final disposition shall be deemed to be the

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later of (1) dismissal of all claims and defenses in this action, with or without prejudice;

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and (2) final judgment herein after the completion and exhaustion of all appeals,

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rehearings, remands, trials, or reviews of this action, including the time limits for filing

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any motions or applications for extension of time pursuant to applicable law.

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6.

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DESIGNATING PROTECTED MATERIAL
6.1.

Exercise of Restraint and Care in Designating Material for Protection. Each

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Party or Non-Party that designates information or items for protection under this Order

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must take care to limit any such designation to specific material that qualifies under the

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appropriate standards. The Designating Party must designate for protection only those

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parts of material, documents, items, or oral or written communications that qualify – so

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that other portions of the material, documents, items, or communications for which

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protection is not warranted are not swept unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations that

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are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,

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to unnecessarily encumber or retard the case development process or to impose

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CASE NO. 2:16-CV-02366-BRO-JEM

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unnecessary expenses and burdens on other parties) expose the Designating Party to

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sanctions.

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

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the mistaken designation.
6.2.

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Manner and Timing of Designations. Except as otherwise provided in this

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Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or

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ordered, Disclosure or Discovery Material that qualifies for protection under this Order

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must be clearly so designated before the material is disclosed or produced.
Designation in conformity with this Order requires:

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(a)

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

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documents, but excluding transcripts of depositions or other pretrial or trial proceedings),

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that

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CONFIDENTIAL” or “TRADE SECRET” to each page that contains protected material.

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If only a portion or portions of the material on a page qualifies for protection, the

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Producing Party also must clearly identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).

the

Producing

Party

affix

the

legend

“CONFIDENTIAL,”

“HIGHLY

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

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for inspection need not designate them for protection until after the inspecting Party has

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indicated which material it would like copied and produced. During the inspection and

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before the designation, all of the material made available for inspection shall be deemed

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“CONFIDENTIAL,”“HIGHLY CONFIDENTIAL,” or “TRADE SECRET.” After the

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inspecting Party has identified the documents it wants copied and produced, the

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Producing Party must determine which documents, or portions thereof, qualify for

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protection under this Order. Then, before producing the specified documents, the

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Producing Party must affix the “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL” or

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“TRADE SECRET” legend to each page that contains Protected Material. If only a

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portion or portions of the material on a page qualifies for protection, the Producing Party

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

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in the margins).

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(b)

For testimony given in deposition or in other pretrial or trial

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proceedings, that the Designating Party identify on the record, before the close of the

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deposition, hearing, or other proceeding, all protected testimony, or, in the case of a

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deposition, identifies the protected portions of the deposition within 15 days of receipt of

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the transcript.
(c)

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For information produced in some form other than documentary and

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

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exterior of the of the container or containers in which information or item is stored the

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legend “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL” or “TRADE SECRET.” If

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only a portion or portions of the information or item warrant protection, the Producing

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Party, to the extent practicable, shall identify the protected portion(s).
6.3.

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Inadvertent Failures to Designate. If timely corrected, an inadvertent failure

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to designate qualified information or items does not, standing alone, waive the

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Designating Party’s right to secure protection under this Order for such material. Upon

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

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assure that the material is treated in accordance with the provisions of this Order.

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7.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
7.1.

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

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of confidentiality at any time. Unless a prompt challenge to a Designating Party’s

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confidential designation is necessary to avoid foreseeable, substantial unfairness,

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unnecessary economic burdens, or a significant disruption or delay of the litigation, a

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Party does not waive its right to challenge a confidentiality designation by electing not to

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mount a challenge promptly after the original designation is disclosed.

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CASE NO. 2:16-CV-02366-BRO-JEM

7.2.

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process under Local Rule 37-1 et seq.
7.3.

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Meet and Confer. The Challenging Party shall initiate the dispute resolution

Judicial Intervention. Any challenge submitted to the Court shall be via a

joint stipulation pursuant to Local Rule 37-2.

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Frivolous challenges, and those made for an improper purpose (e.g., to harass or

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impose unnecessary expenses and burdens on other parties) may expose the Challenging

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Party to sanctions. Unless the Designating Party has waived or withdrawn the

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confidentiality designation, all parties shall continue to afford the material in question the

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level of protection to which it is entitled under the Producing Party’s designation until the

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court rules on the challenge.

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8.

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ACCESS TO AND USE OF PROTECTED MATERIAL
8.1.

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

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disclosed or produced by another Party or by a Non-Party in connection with this case

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only for prosecuting, defending, or attempting to settle this litigation. Such Protected

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Material may be disclosed only to the categories of persons and under the conditions

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described in this Order. When the litigation has been terminated, a Receiving Party must

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comply with the provisions of section 13 below (FINAL DISPOSITION).

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

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location and in a secure manner that ensures that access is limited to the persons

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authorized under this Order.

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8.2.

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

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ordered by the court or permitted in writing by the Designating Party, a Receiving Party

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may disclose any information or item designated “CONFIDENTIAL” only to:

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(a)

The Receiving Party’s Outside Counsel of Record in this action, as

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well as employees of said Outside Counsel of Record to whom it is reasonably necessary

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to disclose the information for this litigation;

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CASE NO. 2:16-CV-02366-BRO-JEM

(b)

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The officers, directors, and employees (including House Counsel) of

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the Receiving Party to whom disclosure is reasonably necessary for this litigation and

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who have signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A);
(c)

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

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

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

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(d)

The court and its personnel;

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(e)

Court reporters and their staff, professional jury or trial consultants,

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mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for

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this litigation and who have signed the “Acknowledgement and Agreement to Be Bound”

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(Exhibit A);
(f)

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During their depositions, witnesses in the action to whom disclosure

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is reasonably necessary and who have signed the “Acknowledgement and Agreement to

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Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by

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the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal

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Protected Material must be separately bound by the court reporter and may not be

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disclosed to anyone except as permitted under this Stipulated Protective Order;
(g)

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The author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information.
8.3.

Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. Unless

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otherwise ordered by the court or permitted in writing by the Designating Party, a

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Receiving Party may disclose any information or item designated “HIGHLY

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CONFIDENTIAL” only to:

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(a)

The Receiving Party’s Outside Counsel of Record in this action, as

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well as employees of said Outside Counsel of Record to whom it is reasonably necessary

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to disclose the information for this litigation;

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CASE NO. 2:16-CV-02366-BRO-JEM

(b)

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Two In House Counsel of the Receiving Party to whom disclosure is

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reasonably necessary for this litigation, who have been previously identified to opposing

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counsel, and who have signed the “Acknowledgement and Agreement to Be Bound”

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(Exhibit A);
(c)

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

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

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

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(d)

The court and its personnel;

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(e)

Court reporters and their staff, professional jury or trial consultants,

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mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for

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this litigation and who have signed the “Acknowledgement and Agreement to Be Bound”

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(Exhibit A); and

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(f)

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The author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information.
8.4.

Disclosure of “TRADE SECRET” Information or Items. Unless otherwise

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ordered by the court or permitted in writing by the Designating Party, a Receiving Party

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may disclose any information or item designated “TRADE SECRET” only to:

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(a)

The Receiving Party’s Outside Counsel of Record in this action, as

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well as employees of said Outside Counsel of Record to whom it is reasonably necessary

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to disclose the information for this litigation;

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(b)

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

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

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

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(c)

The court and its personnel;

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(d)

Court reporters and their staff, professional jury or trial consultants,

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mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for

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CASE NO. 2:16-CV-02366-BRO-JEM

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this litigation and who have signed the “Acknowledgement and Agreement to Be Bound”

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(Exhibit A); and

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(e)

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The author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information.
8.5.

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Disclosure to Experts. Any party who seeks to disclose any information or

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item designated “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “TRADE

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SECRET” to an Expert (as defined in this Order) must first notify the party that so

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designated the information or item. Notification shall include the proposed Expert’s

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name, occupation, and professional background. The party receiving such notification

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will then have ten (10) days to serve a written objection to disclosure to the Expert. If

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objection is made, the parties will meet and confer in good faith to resolve the dispute. If

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the parties are unable to resolve the dispute despite making a reasonable effort to do so,

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the party objecting to disclosure may file a motion with the Court to prevent disclosure. If

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the objecting party fails to file such a motion within fourteen (14) days of service of its

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written objection, however, the other party may proceed to disclose the information or

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item to the Expert.

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9.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

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OTHER LITIGATION

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

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compels disclosure of any information or items designated in this action as

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“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL” or “TRADE SECRET,” that Party

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must:

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(a)

Promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order;
(b)

Promptly notify in writing the party who caused the subpoena or

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

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

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copy of this Stipulated Protective Order; and
(c)

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Cooperate with respect to all reasonable procedures sought to be

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

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

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” or “TRADE SECRET” before a

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determination by the court from which the subpoena or order issued, unless the Party has

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obtained the Designating Party’s permission. The Designating Party shall bear the burden

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and expense of seeking protection in that court of its confidential material ± and nothing

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in these provisions should be construed as authorizing or encouraging a Receiving Party

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in this action to disobey a lawful directive from another court.

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10.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

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IN THIS LITIGATION

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The terms of this Order are applicable to information produced by a Non-Party in

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this action and designated as “CONFIDENTIAL” “HIGHLY CONFIDENTIAL” or

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“TRADE SECRET.” Such information produced by Non-Parties in connection with this

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litigation is protected by the remedies and relief provided by this Order. Nothing in these

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provisions should be construed as prohibiting a Non-Party from seeking additional

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protections.

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

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Non-Party’s confidential information in its possession, and the Party is subject to an

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agreement with the Non-Party not to produce the Non-Party’s confidential information,

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then the Party shall:

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(a)

Promptly notify in writing the Requesting Party and the Non-Party

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

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with a Non-Party;

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CASE NO. 2:16-CV-02366-BRO-JEM

(b)

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

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

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specific description of the information requested; and
(c)

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Make the information requested available for inspection by the Non-

Party.

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If the Non-Party fails to object or seek a protective order from this court within 14

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

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produce the Non-Party’s confidential information responsive to the discovery request. If

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the Non-Party timely seeks a protective order, the Receiving Party shall not produce any

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information in its possession or control that is subject to the confidentiality agreement

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with the Non-Party before a determination by the court.1 Absent a court order to the

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contrary, the Non-Party shall bear the burden and expense of seeking protection in this

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court of its Protected Material.

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11.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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whom unauthorized disclosures were made of all the terms of this Order, and (d) request

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such person or persons to execute the “Acknowledgement and Agreement to Be Bound”

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that is attached hereto as Exhibit A.

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12.

INADVERTENT

PRODUCTION

OF

PRIVILEGED

OR

OTHERWISE

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PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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

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

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26(b)(5)(B). This provision is not intended to modify whatever procedure may be

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established in an e-discovery order that provides for production without prior privilege

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review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach

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an agreement on the effect of disclosure of a communication or information covered by

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the attorney-client privilege or work product protection, the parties may incorporate their

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agreement in the stipulated protective order submitted to the court.

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13.

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

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MISCELLANEOUS

person to seek its modification by the court in the future.

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

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Protective Order no Party waives any right it otherwise would have to object to

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disclosing or producing any information or item on any ground not addressed in this

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

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

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

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Material must comply with Local Rule 79-5. Protected Material may only be filed under

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seal pursuant to a court order authorizing the sealing of the specific Protected Material at

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issue. If a Receiving Party's request to file Protected Material under seal pursuant to

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Local Rule 79-5 is denied by the court, then the Receiving Party may file the information

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in the public record unless otherwise instructed by the court.

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14.

FINAL DISPOSITION.

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Within 60 days after the final disposition of this action, as defined in paragraph 4,

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each Receiving Party must return all Protected Material to the Producing Party or destroy

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such material. As used in this subdivision, “all Protected Material” includes all copies,

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

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

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

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

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

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

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compilations, summaries or any other format reproducing or capturing any of the

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Protected Material. Notwithstanding this provision, Counsel shall not be obligated to

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destroy copies of Protected Material stored on backup media pursuant to automatic

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archiving or backup procedures, including online cloud-based backups, and which cannot

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reasonably be deleted. Notwithstanding this provision, Counsel are entitled to retain an

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

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legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

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work product, and consultant and expert work product, even if such materials contain

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Protected Material. Any such archival copies and backup media copies that contain or

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

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Section 4 (DURATION).

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IT IS SO STIPULATED AND AGREED.

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Dated: January 17, 2016

SHADES OF GRAY LAW GROUP, P.C.
NAOMI JANE GRAY

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LOMBARD & GELIEBTER LLP
DARREN M. GELIEBTER
G. MATHEW LOMBARD
ERIC J. HUANG

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By

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Eric J. Huang

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Attorneys for Plaintiff
Galderma S.A.

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-14STIPULATED PROTECTIVE ORDER

CASE NO. 2:16-CV-02366-BRO-JEM

OSTERGAR LAW GROUP PC
ALLEN C. OSTERGAR III

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By ___________/s/__________________
Allen C. Ostergar III

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Attorney for Defendants
Joseph A. Peri and Skinn Cosmetics, LLC

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IT IS SO ORDERED.
Dated: February 8, 2017

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__________________________
John E. McDermott
United States Magistrate Judge

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-15STIPULATED PROTECTIVE ORDER

CASE NO. 2:16-CV-02366-BRO-JEM

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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

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_________________________________________ [print or type full address], declare

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under penalty of perjury that I have read in its entirety and understand the Stipulated

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Protective Order that was issued by the United States District Court for the Central

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District of California on ________________[date] in the case of Galderma S.A. v.

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Joseph A. Peri and Skinn Cosmetics, LLC, Case No. 2:16-CV-02366-BRO-JEM. I

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

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

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sanctions and punishment in the nature of contempt. I solemnly promise that I will not

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disclose in any manner any information or item that is subject to this Stipulated

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

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of this Order.

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

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the Central District of California for the purpose of enforcing the terms of this

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action.

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I hereby appoint ____________________________________ [print or type full

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name] of _____________________________________________________________

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

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

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Stipulated Protective Order.

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Date: ____________________

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City and State where sworn and signed: _____________________________

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Printed name: __________________________

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Signature: _____________________________

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-16STIPULATED PROTECTIVE ORDER

CASE NO. 2:16-CV-02366-BRO-JEM

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CERTIFICATE OF SERVICE

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I hereby certify that on this 7th day of February 2017, I caused a copy of
STIPULATED PROTECTIVE ORDER to be filed electronically with the Clerk of the
Court using the CM/ECF system. Notice of this filing will be sent to all counsel of
record by operation of the Court’s electronic filing system.

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Dated: February 17, 2017

OSTERGAR LAW GROUP PC

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By______________________
Allen C. Ostergar III

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Attorneys for Defendants

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-17STIPULATED PROTECTIVE ORDER

CASE NO. 2:16-CV-02366-BRO-JEM