Thambiah Sundaram v. Genworth Life Insurance Company, et al

Filing 30

PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon. Re Joint APPLICATION for Protective Order 28 . (ib)

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1 2 3 4 5 6 MICHAEL B. HORROW (SBN 162917) DONNA PUYOT (SBN 305955) DONAHUE & HORROW, LLP 1960 E. Grand Ave., Suite 1215 El Segundo, California 90245 Telephone: (310) 322-0300 Facsimile: (310) 322-0302 Email: Email: Attorneys for Plaintiff and Counterdefendant, THAMBIAH SUNDARAM 7 8 UNITED STATES DISTRICT COURT 10 DONAHUE & HORROW, LLP 9 CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 15 16 THAMBIAH SUNDARAM, an individual, Plaintiff, v. GENWORTH LIFE INSURANCE COMPANY, a Delaware entity, and DOES 1 TO 100, 17 Case No.: 2:16-cv-06218-BRO-AFM STIPULATED PROTECTIVE ORDER Defendants. 18 19 GENWORTH LIFE INSURANCE COMPANY, a Delaware entity, 20 Counterclaimant, 21 22 23 24 25 Complaint Filed: June 20, 2016 Trial Date: Oct. 10, 2017 v. THAMBIAH SUNDARAM, an individual, Counterdefendant, 26 27 28 –1– STIPULATED PROTECTIVE ORDER TO THE HONORABLE ALEXANDER F. MacKINNON AND HIS COURT 1 2 CLERK: WHEREAS, Plaintiff and Counterdefendant Thambiah Sundaram (“Dr. 3 4 Sundaram” or “Plaintiff”), per the Court’s Standing Order, is prepared to produce 5 confidential and proprietary documents to Defendant and Counterclaimant Genworth 6 Life Insurance Company (“Genworth” or “Defendant”) in the above-captioned action; 7 NOW TEHREFORE, IT IS HEREBY STIPULATED AND AGREED as 8 follows: 9 DONAHUE & HORROW, LLP 10 11 1. A. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, 12 proprietary or private information for which special protection from public disclosure 13 and from use for any purpose other than prosecuting this litigation may be warranted. 14 Accordingly, the parties hereby stipulate to and petition the Court to enter the 15 following Stipulated Protective Order. The parties acknowledge that this Order does 16 not confer blanket protections on all disclosures or responses to discovery and that the 17 protection it affords from public disclosure and use extends only to the limited 18 information or items that are entitled to confidential treatment under the applicable 19 legal principles. 20 21 B. GOOD CAUSE STATEMENT 22 This action is likely to involve financial, trade secrets, commercial, technical 23 and/or proprietary information for which special protection from public disclosure and 24 from use for any purpose other than prosecution of this action is warranted. Such 25 confidential and proprietary materials and information consist of, among other things, 26 confidential business and financial information, information regarding confidential 27 business practices, or other confidential research, development, or commercial 28 information (including information implicating privacy rights of third parties), –2– STIPULATED PROTECTIVE ORDER information otherwise generally unavailable to the public, or which may be privileged 2 or otherwise protected from disclosure under state or federal statutes, court rules, case 3 decisions, or common law. Accordingly, to expedite the flow of information, to 4 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 5 to adequately protect information the parties are entitled to keep confidential, to 6 ensure that the parties are permitted reasonable necessary uses of such material in 7 preparation for and in the conduct of trial, to address their handling at the end of the 8 litigation, and serve the ends of justice, a protective order for such information is 9 justified in this matter. It is the intent of the parties that information will not be 10 DONAHUE & HORROW, LLP 1 designated as confidential for tactical reasons and that nothing be so designated 11 without a good faith belief that it has been maintained in a confidential, non-public 12 manner, and there is a good cause why it should not be part of the public record of this 13 case. 14 15 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 16 The parties further acknowledge, as set forth in Section 12.3, below, that this 17 Stipulated Protective Order does not entitle them to file confidential information under 18 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 19 standards that will be applied when a party seeks permission from the court to file 20 material under seal. 21 There is a strong presumption that the public has a right of access to judicial 22 proceedings and records in civil cases. In connection with non-dispositive motions, 23 good cause must be shown to support a filing under seal. See Kamakana v. City and 24 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 25 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 26 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 27 good cause showing), and a specific showing of good cause or compelling reasons 28 with proper evidentiary support and legal justification, must be made with respect to –3– STIPULATED PROTECTIVE ORDER 1 Protected Material that a party seeks to file under seal. The parties’ mere designation 2 of Disclosure or Discovery Material as CONFIDENTIAL does not— without the 3 submission of competent evidence by declaration, establishing that the material sought 4 to be filed under seal qualifies as confidential, privileged, or otherwise protectable— 5 constitute good cause. Further, if a party requests sealing related to a dispositive motion or trial, then 6 compelling reasons, not only good cause, for the sealing must be shown, and the relief 8 sought shall be narrowly tailored to serve the specific interest to be protected. 9 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each 10 DONAHUE & HORROW, LLP 7 item or type of information, document, or thing sought to be filed or introduced under 11 seal in connection with a dispositive motion or trial, the party seeking protection must 12 articulate compelling reasons, supported by specific facts and legal justification, for 13 the requested sealing order. Again, competent evidence supporting the application to 14 file documents under seal must be provided by declaration. Any document that is not confidential, privileged, or otherwise protectable in its 15 16 entirety will not be filed under seal if the confidential portions can be redacted. 17 If documents can be redacted, then a redacted version for public viewing, omitting 18 only the confidential, privileged, or otherwise protectable portions of the document, 19 shall be filed. Any application that seeks to file documents under seal in their entirety 20 should include an explanation of why redaction is not feasible. 21 22 2. DEFINITIONS 23 2.1 Action: this pending federal lawsuit. 24 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 25 26 information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it 27 is generated, stored or maintained) or tangible things that qualify for protection under 28 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause –4– STIPULATED PROTECTIVE ORDER 1 2 3 4 Statement. 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or 5 items that it produces in disclosures or in responses to discovery as 6 “CONFIDENTIAL.” 7 2.6 Disclosure or Discovery Material: all items or information, regardless of the 8 medium or manner in which it is generated, stored, or maintained (including, among 9 other things, testimony, transcripts, and tangible things), that are produced or DONAHUE & HORROW, LLP 10 generated in disclosures or responses to discovery in this matter. 11 2.7 Expert: a person with specialized knowledge or experience in a matter 12 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 13 expert witness or as a consultant in this Action. 14 2.8 House Counsel: attorneys who are employees of a party to this Action. 15 House Counsel does not include Outside Counsel of Record or any other outside 16 counsel. 17 18 19 2.9 Non-Party: any natural person, partnership, corporation, association or other legal entity not named as a Party to this action. 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 20 this Action but are retained to represent or advise a party to this Action and have 21 appeared in this Action on behalf of that party or are affiliated with a law firm that has 22 appeared on behalf of that party, and includes support staff. 23 2.11 Party: any party to this Action, including all of its officers, directors, 24 employees, consultants, retained experts, and Outside Counsel of Record (and their 25 support staffs). 26 27 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 28 –5– STIPULATED PROTECTIVE ORDER 2.13 Professional Vendors: persons or entities that provide litigation support 1 2 services (e.g., photocopying, videotaping, translating, preparing exhibits or 3 demonstrations, and organizing, storing, or retrieving data in any form or medium) 4 and their employees and subcontractors. 2.14 Protected Material: any Disclosure or Discovery Material that is 5 6 designated as “CONFIDENTIAL.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery 7 8 Material from a Producing Party. 9 DONAHUE & HORROW, LLP 10 3. SCOPE The protections conferred by this Stipulation and Order cover not only 11 12 Protected Material (as defined above), but also (1) any information copied or extracted 13 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 14 Protected Material; and (3) any testimony, conversations, or presentations by Parties 15 or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the trial 16 17 judge. This Order does not govern the use of Protected Material at trial. 18 19 20 4. DURATION Once a case proceeds to trial, information that was designated as 21 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 22 as an exhibit at trial becomes public and will be presumptively available to all 23 members of the public, including the press, unless compelling reasons supported by 24 specific factual findings to proceed otherwise are made to the trial judge in advance of 25 the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing 26 for sealing documents produced in discovery from “compelling reasons” standard 27 when merits-related documents are part of court record). Accordingly, the terms of 28 this protective order do not extend beyond the commencement of the trial. –6– STIPULATED PROTECTIVE ORDER 1 If either party wishes to use the CONFIDENTIAL Information, or any portion 2 thereof, during trial of this action, the Parties will, in advance, confer in good faith to 3 agree upon a method to protect such CONFIDENTIAL Information. Either party may 4 apply to the Court for a mechanism for maintaining the confidentiality of material 5 designated as CONFIDENTIAL Information. 6 7 5. DESIGNATING PROTECTED MATERIAL 8 5.1 Exercise of Restraint and Care in Designating Material for Protection. 9 Each Party or Non-Party that designates information or items for protection DONAHUE & HORROW, LLP 10 under this Order must take care to limit any such designation to specific material that 11 qualifies under the appropriate standards. The Designating Party must designate for 12 protection only those parts of material, documents, items or oral or written 13 communications that qualify so that other portions of the material, documents, items 14 or communications for which protection is not warranted are not swept unjustifiably 15 within the ambit of this Order. 16 Mass, indiscriminate or routinized designations are prohibited. Designations 17 that are shown to be clearly unjustified or that have been made for an improper 18 purpose (e.g., to unnecessarily encumber the case development process or to impose 19 unnecessary expenses and burdens on other parties) may expose the Designating 20 Party to sanctions. 21 If it comes to a Designating Party’s attention that information or items that it 22 designated for protection do not qualify for protection, that Designating Party must 23 promptly notify all other Parties that it is withdrawing the inapplicable designation. 24 5.2 Manner and Timing of Designations. Except as otherwise provided in this 25 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 26 or ordered, Disclosure or Discovery Material that qualifies for protection under this 27 Order must be clearly so designated before the material is disclosed or produced. 28 –7– STIPULATED PROTECTIVE ORDER 1 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 2 3 documents, but excluding transcripts of depositions or other pretrial or trial 4 proceedings), that the Producing Party affix at a minimum, the legend 5 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 6 contains protected material. If only a portion of the material on a page qualifies for 7 protection, the Producing Party also must clearly identify the protected portion(s) 8 (e.g., by making appropriate markings in the margins). A Party or Non-Party that makes original documents available for inspection 10 DONAHUE & HORROW, LLP 9 need not designate them for protection until after the inspecting Party has indicated 11 which documents it would like copied and produced. During the inspection and before 12 the designation, all of the material made available for inspection shall be deemed 13 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 14 copied and produced, the Producing Party must determine which documents, or 15 portions thereof, qualify for protection under this Order. Then, before producing the 16 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 17 to each page that contains Protected Material. If only a portion of the material on a 18 page qualifies for protection, the Producing Party also must clearly identify the 19 protected portion(s) (e.g., by making appropriate markings in the margins). (b) for testimony given in depositions that the Designating Party 20 21 identifies the Disclosure or Discovery Material on the record, before the close of the 22 deposition all protected testimony. (c) for information produced in some form other than documentary and 23 24 for any other tangible items, that the Producing Party affix in a prominent place on the 25 exterior of the container or containers in which the information is stored the legend 26 “CONFIDENTIAL.” If only a portion or portions of the information warrants 27 protection, the Producing Party, to the extent practicable, shall identify the protected 28 portion(s). –8– STIPULATED PROTECTIVE ORDER 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 1 2 to designate qualified information or items does not, standing alone, waive the 3 Designating Party’s right to secure protection under this Order for such material. 4 Upon timely correction of a designation, the Receiving Party must make reasonable 5 efforts to assure that the material is treated in accordance with the provisions of this 6 Order. 7 8 6. 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 9 DONAHUE & HORROW, LLP 10 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 11 12 process under Local Rule 37-1 et seq. 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 13 14 CHALLENGING CONFIDENTIALITY DESIGNATIONS stipulation pursuant to Local Rule 37-2. 6.4 The burden of persuasion in any such challenge proceeding shall be on the 15 16 Designating Party. Frivolous challenges, and those made for an improper purpose 17 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 18 expose the Challenging Party to sanctions. Unless the Designating Party has waived or 19 withdrawn the confidentiality designation, all parties shall continue to afford the 20 material in question the level of protection to which it is entitled under the Producing 21 Party’s designation until the Court rules on the challenge. 22 23 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. A Receiving Party may use Protected Material that is 25 disclosed or produced by another Party or by a Non-Party in connection with this 26 Action only for prosecuting, defending or attempting to settle this Action. Such 27 Protected Material may be disclosed only to the categories of persons and under the 28 conditions described in this Order. When the Action has been terminated, a Receiving –9– STIPULATED PROTECTIVE ORDER 1 2 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a 3 location and in a secure manner that ensures that access is limited to the persons 4 authorized under this Order. 5 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 6 ordered by the court or permitted in writing by the Designating Party, a Receiving 7 Party may disclose any information or item designated “CONFIDENTIAL” only to: 8 (a) The Receiving Party’s Outside Counsel of Record in this Action, as 9 DONAHUE & HORROW, LLP 10 11 12 13 well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this Action; (b) The officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; (c) Experts (as defined in this Order) of the Receiving Party to whom 14 disclosure is reasonably necessary for this Action and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (d) The court and its personnel; 17 (e) Court reporters and their staff; 18 (f) Professional jury or trial consultants, mock jurors, and Professional 19 Vendors to whom disclosure is reasonably necessary for this Action and who have 20 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 22 23 (g) The author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) During their depositions, witnesses, and attorneys for witnesses, in 24 the Action to whom disclosure is reasonably necessary provided they will not be 25 permitted to keep any confidential information unless they sign the “Acknowledgment 26 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 27 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to 28 depositions that reveal Protected Material may be separately bound by the court – 10 – STIPULATED PROTECTIVE ORDER 1 reporter and may not be disclosed to anyone except as permitted under this Stipulated 2 Protective Order; and (i) Any mediator or settlement officer, and their supporting personnel, 3 4 mutually agreed upon by any of the parties engaged in settlement discussions. 5 6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 7 IN OTHER LITIGATION 8 If a Party is served with a subpoena or a court order issued in other litigation 9 DONAHUE & HORROW, LLP 10 11 12 13 that compels disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party must: (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 14 to issue in the other litigation that some or all of the material covered by the subpoena 15 or order is subject to this Protective Order. Such notification shall include a copy of 16 this Stipulated Protective Order; and 17 18 19 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with 20 the subpoena or court order shall not produce any information designated in this 21 action as “CONFIDENTIAL” before a determination by the court from which the 22 subpoena or order issued, unless the Party has obtained the Designating Party’s 23 permission. The Designating Party shall bear the burden and expense of seeking 24 protection in that court of its confidential material and nothing in these provisions 25 should be construed as authorizing or encouraging a Receiving Party in this Action to 26 disobey a lawful directive from another court. 27 28 – 11 – STIPULATED PROTECTIVE ORDER 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non- 4 Party in this Action and designated as “CONFIDENTIAL.” Such information 5 produced by Non-Parties in connection with this litigation is protected by the 6 remedies and relief provided by this Order. Nothing in these provisions should be 7 construed as prohibiting a Non-Party from seeking additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, to produce 9 a Non-Party’s confidential information in its possession, and the Party is subject to an DONAHUE & HORROW, LLP 10 agreement with the Non-Party not to produce the Non-Party’s confidential 11 information, then the Party shall: 12 (1) promptly notify in writing the Requesting Party and the Non-Party 13 that some or all of the information requested is subject to a confidentiality agreement 14 with a Non-Party; 15 (2) promptly provide the Non-Party with a copy of the Stipulated 16 Protective Order in this Action, the relevant discovery request(s), and a reasonably 17 specific description of the information requested; and 18 19 20 (3) make the information requested available for inspection by the NonParty, if requested. (c) If the Non-Party fails to seek a protective order from this court within 14 21 days of receiving the notice and accompanying information, the Receiving Party may 22 produce the Non-Party’s confidential information responsive to the discovery request. 23 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 24 any information in its possession or control that is subject to the confidentiality 25 agreement with the Non-Party before a determination by the court. Absent a court 26 order to the contrary, the Non-Party shall bear the burden and expense of seeking 27 protection in this court of its Protected Material. 28 – 12 – STIPULATED PROTECTIVE ORDER 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 2 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 7 persons to whom unauthorized disclosures were made of all the terms of this Order, 8 and (d) request such person or persons to execute the “Acknowledgment and 9 Agreement to Be Bound” that is attached hereto as Exhibit A. DONAHUE & HORROW, LLP 10 11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 PROTECTED MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain 14 inadvertently produced material is subject to a claim of privilege or other protection, 15 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 16 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 17 may be established in an e-discovery order that provides for production without prior 18 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 19 parties reach an agreement on the effect of disclosure of a communication or 20 information covered by the attorney-client privilege or work product protection, the 21 parties may incorporate their agreement in the stipulated protective order submitted to 22 the court. 23 24 25 26 27 28 12. MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 12.2 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 – 13 – STIPULATED PROTECTIVE ORDER 1 disclosing or producing any information or item on any ground not addressed in this 2 Stipulated Protective Order. Similarly, no Party waives any right to object on any 3 ground to use in evidence of any of the material covered by this Protective Order. 4 12.3 Filing Protected Material. A Party that seeks to file under seal any 5 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 6 only be filed under seal pursuant to a court order authorizing the sealing of the 7 specific Protected Material at issue. If a Party’s request to file Protected Material 8 under seal is denied by the court, then the Receiving Party may file the information in 9 the public record unless otherwise instructed by the court. DONAHUE & HORROW, LLP 10 11 12 13. FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 60 13 days, each Receiving Party must return all Protected Material to the Producing Party 14 or destroy such material. As used in this subdivision, “all Protected Material” includes 15 all copies, abstracts, compilations, summaries, and any other format reproducing or 16 capturing any of the Protected Material. Whether the Protected Material is returned or 17 destroyed, the Receiving Party must submit a written certification to the Producing 18 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 19 deadline that (1) identifies (by category, where appropriate) all the Protected Material 20 that was returned or destroyed and (2) affirms that the Receiving Party has not 21 retained any copies, abstracts, compilations, summaries or any other format 22 reproducing or capturing any of the Protected Material. Notwithstanding this 23 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 24 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 25 deposition and trial exhibits, expert reports, attorney work product, and consultant and 26 expert work product, even if such materials contain Protected Material. Any such 27 archival copies that contain or constitute Protected Material remain subject to this 28 Protective Order as set forth in Section 4 (DURATION). – 14 – STIPULATED PROTECTIVE ORDER 1 2 3 4 5 14. VIOLATION Any violation of this Order may be punished by appropriate measures including, without limitation, contempt proceedings and/or monetary sanctions. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 7 8 9 DONAHUE & HORROW, LLP 10 DATED: April 19, 2017 /s/ Donna Puyot Michael B. Horrow Donna Puyot Attorneys for Plaintiff __ 11 12 DATED: April 19, 2017 13 14 15 16 /s/ Joshua Kroot Ronald D. Kent Joshua Kroot__ Attorneys for Defendant _ 17 18 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 20 DATED: 4/21/2017 21 22 23 _____________________________________ ALEXANDER F. MacKINNON United States Magistrate Judge 24 25 26 27 28 – 15 – STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 5 6 7 8 9 DONAHUE & HORROW, LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I, _____________________________ [print or type full name], of _________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Central District of California on ___________ [date] in the case of Thambiah Sundaram v. Genworth Life Insurance Company, Case No. 2:16-cv-06218-BRO-AFM. I agree to comply with and to 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 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 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 Court for the Central District of California for enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint __________________________ [print or type full name] of _______________________________________ [print or type full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order. Date: ______________________________________ City and State where sworn and signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28 – 16 – STIPULATED PROTECTIVE ORDER

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