Brianna Quinonez v. Pharmaceutical Specialties, Inc.

Filing 32

ORDER APPROVING STIPULATED PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 31 . For good cause shown, the parties' Stipulated Protective Order is approved. (mp)

1 JEFFREY L. RICHARDSON (SBN 167274)
[e-mail]
2 GILBERT S. LEE (SBN 267247)
[e-mail]
3 MITCHELL SILBERBERG & KNUPP LLP
11377 West Olympic Boulevard
4 Los Angeles, CA 90064-1683
Telephone: [phone]
5 Facsimile: [phone]
6 ANSIS V. VIKSNINS (pro hac vice)
[e-mail]
7 LINDQUIST & VENNUM LLP
2000 IDS Center, 80 S. 8th Street
8 Minneapolis, MN 55402
Telephone: [phone]
9 Facsimile: [phone]
10 Attorneys for Defendant
Pharmaceutical Specialties, Inc.
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12

UNITED STATES DISTRICT COURT

13

CENTRAL DISTRICT OF CALIFORNIA

14 BRIANNA QUINONEZ, on behalf of
herself and all others similarly situated,
15
Plaintiff,
16
v.
17
PHARMACEUTICAL SPECIALTIES,
18 INC. a foreign business corporation,
19

CASE NO. 2:16-cv-05966-BRO-AGRx
DISCOVERY MATTER
ORDER APPROVING
STIPULATED PROTECTIVE
ORDER

Defendant.

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ORDER APPROVING STIPULATED PROTECTIVE ORDER

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ORDER APPROVING STIPULATED

2

PROTECTIVE ORDER

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For good cause shown, the parties’ Stipulated Protective Order is approved.

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IT IS SO ORDERED.

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9 DATED: MARCH 31, 2017
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__________________________________
The Hon. Alicia G. Rosenberg
United States District/Magistrate Judge

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ORDER APPROVING STIPULATED PROTECTIVE ORDER

Case 2:16-cv-05966-BRO-AGR Document 31 Filed 03/21/17 Page 1 of 16 Page ID #:241

1 JEFFREY L. RICHARDSON (SBN 167274)
[e-mail]
2 GILBERT S. LEE (SBN 267247)
[e-mail]
3 MITCHELL SILBERBERG & KNUPP LLP
11377 West Olympic Boulevard
4 Los Angeles, CA 90064-1683
Telephone: [phone]
5 Facsimile: [phone]
6 ANSIS V. VIKSNINS (pro hac vice)
[e-mail]
7 LINDQUIST & VENNUM LLP
2000 IDS Center, 80 S. 8th Street
8 Minneapolis, MN 55402
Telephone: [phone]
9 Facsimile: [phone]
10 Attorneys for Defendant
Pharmaceutical Specialties, Inc.
11
12

UNITED STATES DISTRICT COURT

13

CENTRAL DISTRICT OF CALIFORNIA

14 BRIANNA QUINONEZ, on behalf of
herself and all others similarly situated,
15
Plaintiff,
16
v.
17
PHARMACEUTICAL SPECIALTIES,
18 INC. a foreign business corporation,
19

CASE NO. 2:16-cv-05966-BRO-AGRx
DISCOVERY MATTER
STIPULATED PROTECTIVE
ORDER

Defendant.

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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1 1.

A. PURPOSES AND LIMITATIONS

2

Discovery in this action is likely to involve production of confidential,

3 proprietary, or private information for which special protection from public
4 disclosure and from use for any purpose other than prosecuting this litigation may
5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6 enter the following Stipulated Protective Order. The parties acknowledge that this
7 Order does not confer blanket protections on all disclosures or responses to
8 discovery and that the protection it affords from public disclosure and use extends
9 only to the limited information or items that are entitled to confidential treatment
10 under the applicable legal principles. The parties further acknowledge, as set forth
11 in Section 12.3, below, that this Stipulated Protective Order does not entitle them
12 to file confidential information under seal; Civil Local Rule 79-5 sets forth the
13 procedures that must be followed and the standards that will be applied when a
14 party seeks permission from the court to file material under seal.
15

B. GOOD CAUSE STATEMENT

16

This action is likely to involve trade secrets, customer and other sales

17 information, and other valuable research, development, commercial, financial,
18 technical and/or proprietary information for which special protection from public
19 disclosure and from use for any purpose other than prosecution of this action is
20 warranted. Such confidential and proprietary materials and information consist of,
21 among other things, confidential business or financial information, information
22 regarding confidential business practices, and other confidential research,
23 development, or commercial information (including information implicating
24 privacy rights of third parties), information otherwise generally unavailable to the
25 public, or which may be privileged or otherwise protected from disclosure under
26 state or federal statutes, court rules, case decisions, or common law. Accordingly,
27 to expedite the flow of information, to facilitate the prompt resolution of disputes
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28 over confidentiality of discovery materials, to adequately protect information the
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1 parties are entitled to keep confidential, to ensure that the parties are permitted
2 reasonable necessary uses of such material in preparation for and in the conduct of
3 trial, to address their handling at the end of the litigation, and serve the ends of
4 justice, a protective order for such information is justified in this matter. It is the
5 intent of the parties that information will not be designated as confidential for
6 tactical reasons and that nothing be so designated without a good faith belief that it
7 has been maintained in a confidential, non-public manner, and there is good cause
8 why it should not be part of the public record of this case.
9 2.
10

DEFINITIONS
2.1

Action: This pending federal lawsuit, Brianna Quinonez v.

11 Pharmaceutical Specialties, Inc., No. 16-cv-05966
12

2.2

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

13 designation of information or items under this Order.
14

2.3

"CONFIDENTIAL" Information or Items: information (regardless of

15 how it is generated, stored or maintained) or tangible things that qualify for
16 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
17 the Good Cause Statement.
18

2.4

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

19 their support staff).
20

2.5

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

21 items that it produces in disclosures or in responses to discovery as
22 "CONFIDENTIAL."
23

2.6

Disclosure or Discovery Material: all items or information, regardless

24 of the medium or manner in which it is generated, stored, or maintained (including,
25 among other things, testimony, transcripts, and tangible things), that are produced
26 or generated in disclosures or responses to discovery in this matter.
27
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1

2.7

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

2 pertinent to the litigation who has been retained by a Party or its counsel to serve
3 as an expert witness or as a consultant in this Action.
4

2.8

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

5 House Counsel does not include Outside Counsel of Record or any other outside
6 counsel.
7

2.9

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

8 or other legal entity not named as a Party to this action.
9

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

10 party to this Action but are retained to represent or advise a party to this Action
11 and have appeared in this Action on behalf of that party or are affiliated with a law
12 firm which has appeared on behalf of that party, and includes support staff.
13

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

14 employees, consultants, retained experts, and Outside Counsel of Record (and their
15 support staffs).
16

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

17 Discovery Material in this Action.
18

2.13 Professional Vendors: persons or entities that provide litigation

19 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
20 demonstrations, and organizing, storing, or retrieving data in any form or medium)
21 and their employees and subcontractors.
22

2.14 Protected Material: any Disclosure or Discovery Material that is

23 designated as "CONFIDENTIAL."
24

2.15 Receiving Party: a Party that receives Disclosure or Discovery

25 Material from a Producing Party.
26 3.
27
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SCOPE
The protections conferred by this Stipulation and Order cover not only

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

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

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

DURATION

7

Even after final disposition of this litigation, the confidentiality obligations

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

DESIGNATING PROTECTED MATERIAL

16

5.1

Exercise of Restraint and Care in Designating Material for Protection.

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

Mass, indiscriminate, or routinized designations are prohibited. Designations

25 that are shown to be clearly unjustified or that have been made for an improper
26 purpose (e.g., to unnecessarily encumber the case development process or to
27 impose unnecessary expenses and burdens on other parties) may expose the
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28 Designating Party to sanctions.
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1

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

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

5.2

Manner and Timing of Designations. Except as otherwise provided in

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

Designation in conformity with this Order requires:
(a)

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

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

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

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

1

for testimony given in depositions that the Designating Party

2 identify the Disclosure or Discovery Material on the record, before the close of the
3 deposition all protected testimony.
(c)

4

for information produced in some form other than documentary

5 and for any other tangible items, that the Producing Party affix in a prominent
6 place on the exterior of the container or containers in which the information is
7 stored the legend "CONFIDENTIAL." If only a portion or portions of the
8 information warrants protection, the Producing Party, to the extent practicable,
9 shall identify the protected portion(s).
10

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

11 failure to designate qualified information or items does not, standing alone, waive
12 the Designating Party's right to secure protection under this Order for such
13 material. Upon timely correction of a designation, the Receiving Party must make
14 reasonable efforts to assure that the material is treated in accordance with the
15 provisions of this Order.
16 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

17

6.1

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

18 designation of confidentiality at any time that is consistent with the Court's
19 Scheduling Order.
20

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

21 resolution process under Local Rule 37.1 et seq.
22

6.3

The burden of persuasion in any such challenge proceeding shall be

23 on the Designating Party. Frivolous challenges, and those made for an improper
24 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
25 parties) may expose the Challenging Party to sanctions. Unless the Designating
26 Party has waived or withdrawn the confidentiality designation, all parties shall
27 continue to afford the material in question the level of protection to which it is
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1 entitled under the Producing Party's designation until the Court rules on the
2 challenge.
3 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

4

7.1

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

5 disclosed or produced by another Party or by a Non-Party in connection with this
6 Action only for prosecuting, defending, or attempting to settle this Action. Such
7 Protected Material may be disclosed only to the categories of persons and under
8 the conditions described in this Order. When the Action has been terminated, a
9 Receiving Party must comply with the provisions of section 13 below (FINAL
10 DISPOSITION).
11

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

12 location and in a secure manner that ensures that access is limited to the persons
13 authorized under this Order.
14

7.2

Disclosure of "CONFIDENTIAL" Information or Items. Unless

15 otherwise ordered by the court or permitted in writing by the Designating Party, a
16 Receiving Party may disclose any information or item designated
17 "CONFIDENTIAL" only to:
18

(a)

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

19 as well as employees of said Outside Counsel of Record to whom it is reasonably
20 necessary to disclose the information for this Action;
21

(b)

the officers, directors, and employees (including House

22 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for
23 this Action;
24

(c)

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

25 whom disclosure is reasonably necessary for this Action, provided: (1) prior to
26 disclosure of “CONFIDENTIAL” Information or Items, the Expert has signed the
27 "Acknowledgment and Agreement to Be Bound" (Exhibit A); and (2) at least ten
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1 making such disclosure shall serve upon the Designating Party (i) a copy of the
2 agreement signed by the Expert; (ii) the identity of the Expert; and (iii) the identity
3 of the present employer of the Expert. Any Party may object to a proposed
4 disclosure to an expert witness or consultant (“Proposed Disclosure”) by sending a
5 letter within seven (7) business days after service of the signed agreement and
6 information set forth in this paragraph. Thereafter, the Party seeking to make the
7 Proposed Disclosure may serve a Local Rule 37-1 letter stating the reasons why the
8 Party believes such Expert should receive “Confidential” Information or Items. If
9 after the Local Rule 37-1 meet and confer conference, the Parties do not otherwise
10 resolve the dispute, counsel for the Party seeking to make the Proposed Disclosure
11 may comply with Local Rule 37-2 (joint stipulation) or file an ex parte application
12 to seek to allow the Proposed Disclosure. The Party who objects to the Proposed
13 Disclosure shall have the burden of demonstrating that the documents, deposition
14 testimony or information should not be disclosed. There shall be no disclosure to
15 such expert or consultant until the Court has ruled upon the application or motion,
16 and then only in accordance with the ruling so made. The filing and pendency of
17 such motion shall not limit, delay or defer any disclosure of the “Confidential”
18 Information or Items to persons as to whom no such objection has been made, nor
19 shall it delay or defer any other pending discovery unless the motion and the
20 inability to disclose Confidential documents, deposition testimony and information
21 bear directly on the non-objecting Party’s ability to conduct such discovery;
22

(d)

the court and its personnel;

23

(e)

court reporters and their staff;

24

(f)

professional jury or trial consultants, mock jurors, and

25 Professional Vendors to whom disclosure is reasonably necessary for this Action
26 and who have signed the "Acknowledgment and Agreement to Be Bound"
27 (Exhibit A);
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(g)

1

the author or recipient of a document containing the

2 information or a custodian or other person who otherwise possessed or knew the
3 information;
(h)

4

during their depositions, witnesses, and attorneys for witnesses,

5 in the Action to whom disclosure is reasonably necessary provided: (1) the
6 deposing party requests that the witness sign the form attached as Exhibit A hereto;
7 and (2) they will not be permitted to keep any confidential information unless they
8 sign the "Acknowledgment and Agreement to Be Bound" (Exhibit A), unless
9 otherwise agreed by the Designating Party or ordered by the court. Pages of
10 transcribed deposition testimony or exhibits to depositions that reveal Protected
11 Material may be separately bound by the court reporter and may not be disclosed
12 to anyone except as permitted under this Stipulated Protective Order; and
(i)

13

any mediator or settlement officer, and their supporting

14 personnel, mutually agreed upon by any of the parties engaged in settlement
15 discussions.
16 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

17 PRODUCED IN OTHER LITIGATION
18

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

19 that compels disclosure of any information or items designated in this Action as
20 "CONFIDENTIAL," that Party must:
21

(a)

promptly notify in writing the Designating Party. Such

22 notification shall include a copy of the subpoena or court order;
23

(b)

promptly notify in writing the party who caused the subpoena

24 or order to issue in the other litigation that some or all of the material covered by
25 the subpoena or order is subject to this Protective Order. Such notification shall
26 include a copy of this Stipulated Protective Order; and
27
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(c)

cooperate with respect to all reasonable procedures sought to be

28 pursued by the Designating Party whose Protected Material may be affected.
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1

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

2 with the subpoena or court order shall not produce any information designated in
3 this action as "CONFIDENTIAL" before a determination by the court from which
4 the subpoena or order issued, unless the Party has obtained the Designating Party's
5 permission. The Designating Party shall bear the burden and expense of seeking
6 protection in that court of its confidential material and nothing in these provisions
7 should be construed as authorizing or encouraging a Receiving Party in this Action
8 to disobey a lawful directive from another court.
9 9.

A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE

10 PRODUCED IN THIS LITIGATION
11

(a)

The terms of this Order are applicable to information produced

12 by a Non-Party in this Action and designated as "CONFIDENTIAL." Such
13 information produced by Non-Parties in connection with this litigation is protected
14 by the remedies and relief provided by this Order. Nothing in these provisions
15 should be construed as prohibiting a Non-Party from seeking additional
16 protections.
17

(b)

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

18 request, to produce a Non-Party's confidential information in its possession, and
19 the Party is subject to an agreement with the Non-Party not to produce the Non20 Party's confidential information, then the Party shall:
21

(1)

promptly notify in writing the Requesting Party and the

22 Non-Party that some or all of the information requested is subject to a
23 confidentiality agreement with a Non-Party;
24

(2)

promptly provide the Non-Party with a copy of the

25 Stipulated Protective Order in this Action, the relevant discovery request(s), and a
26 reasonably specific description of the information requested; and
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(3)

make the information requested available for inspection

28 by the Non-Party, if requested.
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(c)

1

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

2 within 14 days of receiving the notice and accompanying information, the
3 Receiving Party may produce the Non-Party's confidential information responsive
4 to the discovery request. If the Non-Party timely seeks a protective order, the
5 Receiving Party shall not produce any information in its possession or control that
6 is subject to the confidentiality agreement with the Non-Party before a
7 determination by the court. Absent a court order to the contrary, the Non-Party
8 shall bear the burden and expense of seeking protection in this court of its
9 Protected Material.
10 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

11

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

12 disclosed Protected Material to any person or in any circumstance not authorized
13 under this Stipulated Protective Order, the Receiving Party must immediately
14 (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use
15 its best efforts to retrieve all unauthorized copies of the Protected Material,
16 (c) inform the person or persons to whom unauthorized disclosures were made of
17 all the terms of this Order, and (d) request such person or persons to execute the
18 "Acknowledgment and Agreement to Be Bound" that is attached hereto as
19 Exhibit A.
20 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR

21 OTHERWISE PROTECTED MATERIAL
22

When a Producing Party gives notice to Receiving Parties that certain

23 inadvertently produced material is subject to a claim of privilege or other
24 protection, the obligations of the Receiving Parties are those set forth in Federal
25 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
26 whatever procedure may be established in an e-discovery order that provides for
27 production without prior privilege review. Pursuant to Federal Rule of Evidence
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28 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
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1 of a communication or information covered by the attorney-client privilege or
2 work product protection, the parties may incorporate their agreement in the
3 stipulated protective order submitted to the court.
4 12.

MISCELLANEOUS

5

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

6 person to seek its modification by the Court in the future.
7

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

8 Protective Order no Party waives any right it otherwise would have to object to
9 disclosing or producing any information or item on any ground not addressed in
10 this Stipulated Protective Order. Similarly, no Party waives any right to object on
11 any ground to use in evidence of any of the material covered by this Protective
12 Order.
13

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

14 Protected Material must comply with Civil Local Rule 79-5. Protected Material
15 may only be filed under seal pursuant to a court order authorizing the sealing of the
16 specific Protected Material at issue. If a Party's request to file Protected Material
17 under seal is denied by the court, then the Receiving Party may file the information
18 in the public record unless otherwise instructed by the court.
19 13.

FINAL DISPOSITION

20

After the final disposition of this Action, as defined in paragraph 4, within

21 60 days of a written request by the Designating Party, each Receiving Party must
22 return all Protected Material to the Producing Party or destroy such material. As
23 used in this subdivision, "all Protected Material" includes all copies, abstracts,
24 compilations, summaries, and any other format reproducing or capturing any of the
25 Protected Material. Whether the Protected Material is returned or destroyed, the
26 Receiving Party must submit a written certification to the Producing Party (and, if
27 not the same person or entity, to the Designating Party) by the 60 day deadline that
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1 returned or destroyed and (2) affirms that the Receiving Party has not retained any
2 copies, abstracts, compilations, summaries or any other format reproducing or
3 capturing any of the Protected Material. Notwithstanding this provision, Counsel
4 are entitled to retain an archival copy of all pleadings, motion papers, trial,
5 deposition, and hearing transcripts, legal memoranda, correspondence, deposition
6 and trial exhibits, expert reports, attorney work product, and consultant and expert
7 work product, even if such materials contain Protected Material. Any such archival
8 copies that contain or constitute Protected Material remain subject to this
9 Protective Order as set forth in Section 4 (DURATION).
10 14.

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

11 measures including, without limitation, contempt proceedings and/or monetary
12 sanctions.
13

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

14
15 DATED: MARCH 20, 2017
16
17

JUSTIN FARAHI
RAYMOND M. COLLINS
FARAHI LAW FIRM, APC

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By:

/s/ Raymond M. Collins
Attorneys for Plaintiff
Brianna Quinonez

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Silberberg &
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8568982.1

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[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:16-cv-05966-BRO-AGR Document 31 Filed 03/21/17 Page 15 of 16 Page ID #:255

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DATED: MARCH 9, 2017

JEFFREY L. RICHARDSON
GILBERT S. LEE
MITCHELL SILBERBERG & KNUPP LLP
ANSIS V. VIKSNINS
LINDQUIST & VENNUM LLP

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By:

/s/ Jeffrey L. Richardson
Jeffrey L. Richardson (SBN 167274)
Gilbert S. Lee (SBN 267247)

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Ansis V. Viksnins (pro hac vice)
Attorneys for Defendant
Pharmaceutical Specialties, Inc.

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Mitchell
Silberberg &
Knupp LLP
8568982.1

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1
[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:16-cv-05966-BRO-AGR Document 31 Filed 03/21/17 Page 16 of 16 Page ID #:256

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I __________________ [print or type full name], of __________________ [print
4 or type full address], declare under penalty of perjury that I have read in its entirety
5 and understand the Stipulated Protective Order that was issued by the United States
6 District Court for the Central District of California on [date] in the case of
7 __________________ [insert formal name of the case and the number and
8 initials assigned to it by the court], I agree to comply with and to be bound by all
9 the terms of this Stipulated Protective Order and I understand and acknowledge
10 that failure to so comply could expose me to sanctions and punishment in the
11 nature of contempt. I solemnly promise that I will not disclose in any manner any
12 information or item that is subject to this Stipulated Protective Order to any person
13 or entity except in strict compliance with the provisions of this Order.
14 I further agree to submit to the jurisdiction of the United States District Court for
15 the Central District of California for the purpose of enforcing the terms of this
16 Stipulated Protective Order, even if such enforcement proceedings occur after
17 termination of this action. I hereby appoint _________________ [print or type full
18 name] of ____________________ [print or type full address and telephone
19 number] as my California agent for service of process in connection with this
20 action or any proceedings related to enforcement of this Stipulated Protective
21 Order.
22 Date:

_____________________________

23 City and State where sworn and signed:

_____________________________

24 Printed name:

_____________________________

25 Signature:

_____________________________

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Mitchell
Silberberg &
Knupp LLP
8568982.1

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[PROPOSED] STIPULATED PROTECTIVE ORDER