Winston Smith et al v. Chapter 4 Corp et al

Filing 30

PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Stipulation for Protective Order 29 . (See Order for complete details) (afe)

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David M. Given, (SBN 142375)
[e-mail]
Nicholas A. Carlin, (SBN 112532)
[e-mail]
Anna Gourgiotopoulou, (SBN 304998)
[e-mail]
PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP
39 Mesa Street, Suite 201
The Presidio
San Francisco, CA 94129
Tel: [phone]
Fax: [phone]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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[PROPOSED] STIPULATED
PROTECTIVE ORDER

Plaintiff,
v.

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Case No. CV16-03910 GW(ASx)

WINSTON SMITH,

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39 Mesa Street, Suite 201
San Francisco, CA 94129
[phone]

PHILLIPS, ERLEWINE, GIVEN & CARLIN

LLP

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CHAPTER 4 CORP.; BLACKROCK
CREATIVE MANAGEMENT
COMPANY; and DOES 1 -10,
inclusive,

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Defendants.

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1.

PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve

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production of confidential, proprietary, or private information for which special
protection from public disclosure and from use for any purpose other than

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prosecuting this litigation may be warranted. Accordingly, the Parties hereby
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stipulate to and petition the court to enter the following Stipulated Protective
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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)

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Order. The Parties acknowledge that this Order does not confer blanket protections
on all disclosures or responses to discovery and that the protection it affords from

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public disclosure and use extends only to the limited information or items that are
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entitled to confidential treatment under the applicable legal principles. The Parties
further acknowledge, as set forth in Section 13.3, below, that this Stipulated

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Protective Order does not entitle them to file confidential information under seal;
Civil Local Rule 79-5 sets forth the procedures that must be followed and the

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material under seal.
2.

GOOD CAUSE STATEMENT

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standards that will be applied when a Party seeks permission from the court to file

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This action is likely to involve trade secrets, customer and pricing lists and
other valuable research, development, commercial, financial, technical and/or

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proprietary information, taxpayer information, information implicating the privacy
rights of third parties, and information for which special protection from public

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disclosure and from use for any purpose other than prosecution of this action is
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warranted. Such confidential and proprietary materials and information consist of,
among other things, confidential business or financial information, information

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regarding confidential business practices, business relationships and commercial
agreements, or other confidential research, development, or commercial

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information, cost, revenue or profit margin information, designs, processes,
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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)

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computer databases, invoices, pricing records, customer information, trade secrets,
accounting, state and federal taxpayer information, information otherwise

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generally unavailable to the public, or which may implicate third party privacy
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rights, be privileged or otherwise protected from disclosure under state or federal
statutes, court rules, case decisions, or common law. Accordingly, to expedite the

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flow of information, to facilitate the prompt resolution of disputes over
confidentiality of discovery materials, to adequately protect information the

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reasonable necessary uses of such material in preparation for and in the conduct of
trial, to address their handling at the end of the litigation, and serve the ends of

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Parties are entitled to keep confidential, to ensure that the Parties are permitted

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justice, a protective order for such information is justified in this matter. It is the
intent of the Parties that information will not be designated as confidential for

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tactical reasons and that nothing be so designated without a good faith belief that it
has been maintained in a confidential, non-public manner, and there is good cause

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why it should not be part of the public record of this case.
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3.

DEFINITIONS
3.1

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

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designation of information or items under this Order.
3.2

“CONFIDENTIAL” Information or Items: information (regardless of

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how it is generated, stored or maintained) or tangible things that qualify for
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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)

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protection under Federal Rule of Civil Procedure 26(c) and as specified above in
the Good Cause Statement.

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3.3

“CONFIDENTIAL - ATTORNEYS’ EYES ONLY” Information or

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Items: CONFIDENTIAL information or tangible things that the Producing Party
believes constitutes, reflects or discloses especially sensitive, confidential and/or

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proprietary information meriting restriction of its dissemination to those identified
in Section 8.3, below.

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

Counsel (as well as their support staff).
3.5

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

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3.4

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or items that it produces in disclosures or in responses to discovery as
“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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3.6

Disclosure or Discovery Material: all items or information, regardless

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

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(including, among other things, testimony, transcripts, and tangible things), that
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are produced or generated in disclosures or responses to discovery in this matter or
which were produced by Outside Counsel of Record with confidentiality

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designations after this action was filed but prior to discovery in this matter.

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3.7

Expert: a person with specialized knowledge or experience in a

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

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serve as an expert witness or as a consultant in this action.
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3.8

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

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counsel.
3.9

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

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3.10 Outside Counsel of Record: attorneys who are not employees of a
Party but are retained to represent or advise a Party and have appeared in this

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

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action on behalf of that Party or are affiliated with a law firm which has appeared
on behalf of that Party.

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3.11 Party: any Party to this action, including all of its officers, directors,
employees, consultants, retained experts, and Outside Counsel of Record (and

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their support staff).
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3.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this action.

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3.13 Professional Vendors: persons or entities that provide litigation
support services (e.g., photocopying, videotaping, translating, preparing exhibits

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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)

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or demonstrations, and organizing, storing, or retrieving data in any form or
medium) and their employees and subcontractors.

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3.14 Protected Material: any Disclosure or Discovery Material that is
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designated as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES
ONLY.”

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3.15 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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

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

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4.

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extracted from Protected Material; (2) all copies, excerpts, summaries, or
compilations of Protected Material; and (3) any testimony, conversations, or

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presentations by Parties or their Counsel that might reveal Protected Material.
However, the protections conferred by this Stipulation and Order do not cover the

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following information: (a) any information that is in the public domain at the time
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of disclosure to a Receiving Party or becomes part of the public domain after its
disclosure to a Receiving Party as a result of publication not involving a violation

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of this Order, including becoming part of the public record through 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
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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)

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who obtained the information lawfully and under no obligation of confidentiality
to the Designating Party. Any use of Protected Material at trial shall be governed

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by a separate agreement or order.
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5.

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DURATION
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 writing or a court order otherwise directs. Final disposition shall be

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with or without prejudice; and (2) final judgment herein after the completion and
exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

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deemed to be the later of (1) dismissal of all claims and defenses in this action,

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including the time limits for filing any motions or applications for extension of
time pursuant to applicable law.

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6.

DESIGNATING PROTECTED MATERIAL
6.1

Exercise of Restraint and Care in Designating Material for Protection.

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Each Party or Non-Party that designates information or items for protection under
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this Order must take care to limit any such designation to specific material that
qualifies under the appropriate standards. The Designating Party must designate

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for protection only those parts of material, documents, items, or oral or written
communications that qualify – so that other portions of the material, documents,

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items, or communications for which protection is not warranted are not swept
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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)

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unjustifiably within the ambit of this Order. Notwithstanding the foregoing, if
limiting designations within specific documents would be unduly time consuming

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and burdensome to the Designating Party and if such designations will not
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prejudice the Receiving Party’s ability to use the material for purposes of this case,
the Designating Party may include in its designations material that may not, in

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itself, qualify for protection (for instance, the Designating Party may designate an
entire page CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS’ EYES

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY information on that page).
Mass, indiscriminate, or routinized designations are prohibited.

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PHILLIPS, ERLEWINE, GIVEN & CARLIN

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ONLY in lieu of blocking out or designating particular CONFIDENTIAL or

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Designations that are shown to be clearly unjustified or that have been made for an
improper purpose (e.g., to unnecessarily encumber or retard the case development

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process or to impose unnecessary expenses and burdens on other parties) expose
the Designating Party to sanctions.

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If it comes to a Designating Party’s attention that information or items that
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it designated for protection do not qualify for protection, that Designating Party
must promptly notify all other parties that it is withdrawing the mistaken

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designation.
6.2

Manner and Timing of Designations. Except as otherwise provided in

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this Order (see, e.g., second paragraph of section 6.2(a) below), or as otherwise
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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)

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stipulated or ordered, Disclosure or Discovery Material that qualifies for
protection under this Order must be clearly so designated before the material is

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disclosed or produced.
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Designation in conformity with this Order requires:
(a) 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), that the Producing Party affix the legend “CONFIDENTIAL” or, as

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page that contains protected material. If only a portion or portions of the material
on a page qualifies for protection, the Producing Party also must clearly identify

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39 Mesa Street, Suite 201
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[phone]

PHILLIPS, ERLEWINE, GIVEN & CARLIN

LLP

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the case may be, “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” to each

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the protected portion(s) (e.g., by making appropriate markings in the margins).
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 indicated which material it would like copied and produced. During the

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inspection and before the designation, all of the material made available for
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inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
identified the documents it wants copied and produced, the Producing Party must

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determine which documents, or portions thereof, qualify for protection under this
Order. Then, before producing the specified documents, the Producing Party must

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affix the “CONFIDENTIAL,” or “CONFIDENTIAL – ATTORNEYS’ EYES
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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)

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ONLY,” legend to each page that contains Protected Material. If only a portion or
portions of the material on a page qualifies for protection, the Producing Party also

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must clearly identify the protected portion(s) (e.g., by making appropriate
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markings in the margins).
(b) for testimony given in deposition or in other pretrial or trial proceedings,

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that the Designating Party identify on the record, before the close of the
deposition, hearing, or other proceeding, all protected testimony.

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any other tangible items, that the Producing Party affix in a prominent place on the
exterior of the container or containers in which the information or item is stored

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

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the legend “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES
ONLY.” If only a portion or portions of the information or item warrant

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

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6.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone, waive
the Designating Party’s right to secure protection under this Order for such

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material. Upon timely correction of a designation, the Receiving Party must make
reasonable efforts to assure that the material is treated in accordance with the

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provisions of this Order.
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7.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
7.1

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

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designation of confidentiality at any time. Unless a prompt challenge to a
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Designating Party’s confidentiality designation is necessary to avoid foreseeable,
substantial unfairness, unnecessary economic burdens, or a significant disruption

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or delay of the litigation, a Party does not waive its right to challenge a
confidentiality designation by electing not to mount a challenge promptly after the

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7.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.

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original designation is disclosed.

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7.3

The burden of persuasion in any such challenge proceeding shall be

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

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other
parties) may expose the Challenging Party to sanctions. Unless the Designating

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Party has waived the confidentiality designation by failing to file a motion to
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retain confidentiality as described above, all Parties shall continue to afford the
material in question the level of protection to which it is entitled under the

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Producing Party’s designation until the 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

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is disclosed or produced by another Party or by a Non-Party in connection with
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this case only for prosecuting, defending, or attempting to settle this litigation.
Such Protected Material may be disclosed only to the categories of persons and

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under the conditions described in this Order. When the litigation has been
terminated, a Receiving Party must comply with the provisions of section 14

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below (FINAL DISPOSITION).
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

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otherwise ordered by the court or permitted in writing by the Designating Party, a
Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:
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(a) the Receiving Party’s Outside Counsel of Record in this action, as well

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

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necessary to disclose the information for this litigation and who have signed the
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

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A;
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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)

(b) the officers, directors, and employees (including House Counsel) of the

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

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

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(e) court reporters and their staff, professional jury or trial consultants,
mock jurors, and Professional Vendors to whom disclosure is reasonably

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(d) the court and its personnel;

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necessary for this litigation and who have signed the “Acknowledgment and
Agreement to Be Bound” (Exhibit A);

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(f) during their depositions, witnesses in the action to whom disclosure is
reasonably necessary and who have signed the “Acknowledgment and Agreement

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to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or
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ordered by the court. Pages of transcribed deposition testimony or exhibits to
depositions that reveal Protected Material must be separately bound by the court

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reporter and may not be disclosed to anyone except as permitted under this
Stipulated Protective Order; and

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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)

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

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

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8.3

Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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Information or Items. Unless otherwise ordered by the court or permitted in
writing by the Designating Party, a Receiving Party may disclose any information

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or item designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

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(a) the Receiving Party’s Outside Counsel of Record in this action, as well

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necessary to disclose the information for this litigation and who have signed the
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

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

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A;
(b) Experts of the Receiving Party to whom disclosure is reasonably

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necessary for this litigation and who have signed the “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,
mock jurors, and Professional Vendors to whom disclosure is reasonably

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necessary for this litigation and who have signed the “Acknowledgment and
Agreement to Be Bound” (Exhibit A);

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(e) during their depositions, Non-Party witnesses in the action to whom
disclosure is reasonably necessary and who have signed the “Acknowledgment

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and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the
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Designating Party or ordered by the court. Pages of transcribed deposition
testimony or exhibits to depositions that reveal Protected Material must be

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separately bound by the court reporter and may not be disclosed to anyone except
as permitted under this Stipulated Protective Order;

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custodian or other person who otherwise possessed or knew the information; and
(g) should any Party produce any document or information designated

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

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” and should counsel for the
Receiving Party believe it necessary to disclose any such document or information

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to persons not provided for above, counsel for the Receiving Party shall first seek
permission from the Producing Party for such disclosure on a case-by-case basis,

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and permission shall not be unreasonably withheld by the Producing Party
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(provided the person to whom disclosure is proposed executes the Agreement to
Be Bound in the form annexed as Exhibit A hereto prior to receiving any such

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information). Unless and until such a request is granted, or it is otherwise directed
by the Court, information designated “CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” will be disclosed only as provided for herein.
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9.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

PRODUCED IN OTHER LITIGATION

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If a Party is served with a subpoena or a court order issued in other litigation
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that compels disclosure of any information or items designated in this action as
“CONFIDENTIAL,” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that

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Party must:
(a) promptly notify in writing the Designating Party. Such notification shall

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(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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include a copy of the subpoena or court order;

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subpoena or order is subject to this Protective Order. Such notification shall
include a copy of this Stipulated Protective Order; and

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(c) cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected. If the

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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 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” before a determination by the court from which the subpoena or order
issued, unless the Party has obtained the Designating Party’s permission. The

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Designating Party shall bear the burden and expense of seeking protection in that
court of its confidential material – and nothing in these provisions should be

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construed as authorizing or encouraging a Receiving Party in this action to disobey
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a lawful directive from another court.
10.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced by a

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced
by Non-Parties in connection with this litigation is protected by the remedies and

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Non-Party in this action and designated as “CONFIDENTIAL” or

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relief provided by this Order. Nothing in these provisions should be construed as
prohibiting a Non-Party from seeking additional protections.

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(b) In the event that a Party is required, by a valid discovery request, to
produce a Non- Party’s confidential information in its possession, and the Party is

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subject to an agreement with the Non-Party not to produce the Non-Party’s
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confidential information, then the Party shall:
(1) 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 with a Non-Party;

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(2) 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

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reasonably specific description of the information requested; and
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(3) make the information requested available for inspection by the

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Non-Party.

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

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within 14 days of receiving the notice and accompanying information, the

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to the discovery request. If the Non-Party timely seeks a protective order, the
Receiving Party shall not produce any information in its possession or control that

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Receiving Party may produce the Non-Party’s confidential information responsive

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is subject to the confidentiality agreement with the Non-Party before a
determination by the court. Absent a court order to the contrary, the Non-Party

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shall bear the burden and expense of seeking protection in this 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 Protected Material to any person or in any circumstance not authorized

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under this Stipulated Protective Order, the Receiving Party must immediately (a)
notify in writing the Designating Party of the unauthorized disclosures, (b) use its

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best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform
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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)

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the person or persons to whom unauthorized disclosures were made of all the
terms of this Order, and (d) request such person or persons to execute the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
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A.
12.

INADVERTENT PRODUCTION OF PRIVILEGED OR

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OTHERWISE PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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protection, the obligations of the Receiving Parties are those set forth in Federal
Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

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

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whatever procedure may be established in an e-discovery order that provides for
production without prior privilege review. Pursuant to Federal Rule of Evidence

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502(d) and (e), insofar as the Parties reach an agreement on the effect of disclosure
of a communication or information covered by the attorney-client privilege or

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work product protection, the Parties may incorporate their agreement in the
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stipulated protective order submitted to the court.
13.

MISCELLANEOUS

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13.1 Right to Further Relief. Nothing in this Order abridges the right of
any person to seek its modification by the court in the future.

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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)

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13.2 Right to Assert Other Objections. By stipulating to the entry of this
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
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this Stipulated Protective Order. Similarly, no Party waives any right to object on
any ground to use in evidence of any of the material covered by this Protective

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Order.
13.3 Filing Protected Material. Without written permission from the

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persons, a Party may not file in the public record in this action any Protected
Material. A Party that seeks to file under seal any Protected Material must comply

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Designating Party or a court order secured after appropriate notice to all interested

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with Civil Local Rule 79-5. Protected Material may only be filed under seal
pursuant to a court order authorizing the sealing of the specific Protected Material

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at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a
request establishing that the Protected Material at issue is privileged, protectable

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as a trade secret, or otherwise entitled to protection under the law. If a Receiving
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Party's request to file Protected Material under seal is denied by the court, then the
Receiving Party may file the information in the public record unless otherwise

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instructed by the court.

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14.

FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in

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Section 5, each Receiving Party must return all Protected Material to the
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Producing Party or destroy such material. As used in this subdivision, “all
Protected Material” includes all copies, abstracts, compilations, summaries, and

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any other format reproducing or capturing any of the Protected Material. Whether
the Protected Material is returned or destroyed, the Receiving Party must submit a

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to the Designating Party) by the 60 day deadline that (1) identifies (by category,
where appropriate) all the Protected Material that was returned or destroyed and

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written certification to the Producing Party (and, if not the same person or entity,

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(2) affirms that the Receiving Party has not retained any copies, abstracts,
compilations, summaries or any other format reproducing or capturing any of the

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Protected Material. Notwithstanding this provision, Counsel are entitled to retain
an archival copy of all pleadings, motion papers, trial, deposition, and hearing

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transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
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reports, attorney work product, and consultant and expert work product, even if
such materials contain Protected Material. Any such archival copies that contain or

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constitute Protected Material remain subject to this Protective Order as set forth in
Section 5 (DURATION).

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Any violation of this Order may be punished by any and all appropriate
measures including, without limitation, contempt proceedings and/or monetary

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sanctions.
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: November 11, 2016

THE LINDE LAW FIRM

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By: /s/ Douglas A. Linde
Douglas A. Linde
Erica Allen Gonzales
Attorneys for Plaintiff
Winston Smith

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DATED: November 14, 2016

PHILLIPS, ERLEWINE, GIVEN &
CARLIN LLP

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By:

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/s/ Nicholas A. Carlin
Nicholas A. Carlin
David M. Given
Anna Gourgiotopoulou
Attorneys for Defendants
Chapter 4 Corp.; Blackrock
Creative Management Company

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ORDER

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: ___________________
November 16, 2016

_____________________________
/s/
Honorable Alka Sagar
United States Magistrate Judge

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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)

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

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was issued by the United States District Court for the Central District of California
on ________ [date] in the case of Winston Smith v. Chapter 4 Corp., et al., USDC

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be bound by all the terms of this Stipulated Protective Order and I understand and
acknowledge that failure to so comply could expose me to sanctions and

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PHILLIPS, ERLEWINE, GIVEN & CARLIN

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Central District Case No. CV16-03910 GW(ASx). I agree to comply with and to

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punishment in the nature of contempt. I solemnly promise that I will not disclose
in any manner any information or item that is subject to this Stipulated Protective

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Order to any person or entity except in strict compliance with the provisions of
this Order. I further agree to submit to the jurisdiction of the United States District

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Court for the Central District of California for the purpose of enforcing the terms
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of this Stipulated Protective Order, even if such enforcement proceedings occur
after termination of this action.

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

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telephone number] as my California agent for service of process in connection
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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)

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with this action or any proceedings related to enforcement of this Stipulated
Protective Order.

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Date: ______________________________________
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City and State where sworn and signed: _________________________________
Printed name: _______________________________

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Signature: ___________________________

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(PROPOSED) STIPULATED PROTECTIVE ORDER - Case No. CV16-03910 GW(ASx)