Deborah Toga v. Shire Human Genetic Therapies, Inc.

Filing 23

PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams re Stipulation for Protective Order 22 . NOTE CHANGES MADE BY THE COURT. (Attachments: # 1 STIPULATION WITH CHANGES) (ch)

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Michael A. Hood(SBN 71258)
Michael.hood a 'acksonlewis.com
Lina Nasry
80576
Lina.Nasry u~J~acksonlewis.com
JACKSON ~EWIS P.C.
200 Spectrum Center Drive, Suite 500
Irvine, CA 92618
Tel: [phone]
Fax: ~949~ 885-1380

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NOTE CHANGES MADE BY THE COURT
See Page 12

Attorneys for Defendant
SHIRE HUMAN GENETIC THERAPIES,INC.

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8

UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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DEBORAH TOGA, an individual,
Plaintiff,

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CASE NO.2:16-cv-06561 CAS(PLAx)
STATE COURT CASE NO.PCO 57090

v.

14

JOINT STIPULATION FOR
PROTECTIVE ORDER RE
15 SHIRE HUMAN GENETIC THERAPIES, DISCOVERY
INC., a corporation; and DOES 1 through
16
10, inclusive,
Mag. Judge: Hon. Paul L. Abrams
17

Defendants.
18

Complaint Filed: June 3, 2016
Trial Date: January 9, 2018

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0

IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff

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24

DEBORAH TOGA ("Plaintiff') and

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6
27
28

GENETIC

THERAPIES,INC.("Defendant" or "Shire")(collectively, the "Parties"), by and through
their respective undersigned counsel, as follows:
1.

25

Defendant SHIRE HUMAN

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

or private information for which special protection from public disclosure and from use
f any purpose other than prosecuting this litigation may be warranted. Accordingly, the
or
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parties hereby stipulate to and petition the Court to enter the following Stipulated

2 Protective Order. The parties acknowledge that this Order does not confer blanket
3

protections on all disclosures or responses to discovery and that the protection it affords

4 from public disclosure and use extends only to the limited information or items that are
5

entitled to confidential treatment under the applicable legal principles. The parties further

6 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order
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does not entitle them to file confidential information under seal; Civil Local Rule 79-5

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sets forth the procedures that must be followed and the standards that will be applied

9

when a party seeks permission from the court to file material under seal.

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B. GOOD CAUSE STATEMENT

11

This action is likely to involve information and documents containing private health

12 information of third parties not subject to this litigation for which special protection from
13

public disclosure and from use for any purpose other than prosecution of this action is

14

warranted. This action is also likely to involve trade secrets, commercial, financial, and/or

15

proprietary information for which special protection from public disclosure and from use

16 for any purpose other than prosecution ofthis action is warranted.
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Specifically, Plaintiff is a former employee of Defendant, a biotechnology
company that develops and commercializes pharmaceutical products.

Plaintiff was

19 employed with Defendant as a Patient Access Manager in the Rare Diseases Business
20 Unit and assisted users of Shire's products primarily with insurance access issues.
21 Plaintiff's termination was the result of an investigation by Defendant's Compliance and
22 Legal teams. In the course of completing the investigation, Defendant utilized and'
23 reviewed records which contain confidential medical information of individuals who are
24

prescribed Defendant's pharmaceutical products. Specifically, such records include

25

medical information regarding users of Defendant's products, including, but not limited

26 to, names, social security numbers, phone numbers, email addresses, health conditions,
27 and other private information. Additionally, Defendant also utilized and reviewed its
28

confidential and proprietary financial information in completing the investigation.
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Defendant contends such information and/or documents are highly confidential,

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not subject to public disclosure, and if given to a competitor or if made public, they could

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seriously harm Defendant's business and unnecessarily disclose very private information

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about the health conditions of the users of its products. Such private, confidential and/or

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proprietary information and/or documents are generally unavailable to the public, and are

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protected from disclosure under state or federal statutes, court rules, case decisions, and/or

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common law, including, but not limited to, the California Privacy Statute (California Civil

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Code §§ 56-56.37) which protects against the unauthorized disclosure of medical

9 information and includes provisions that apply to pharmaceutical companies.
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Additionally, through discovery, Plaintiff has requested categories of documents

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that Defendant alleges contain confidential, private, and non-public information, such as:

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1) Defendant's confidential and proprietary operating policies and procedures, 2)

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documents relating to the investigation by Defendant's Compliance and Legal teams that

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resulted in Plaintiff's termination, and 3) a significant amount of email communication

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amongst Defendant's former and current employees which discuss users of Defendant's

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products, Defendant's financials, and personally identifiable information regarding users

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of Defendant's products. Good cause exists for this Protective Order because these

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materials include confidential information that Defendant alleges it desires to protect

19 from public disclosure.
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The parties wish to ensure that both parties are in a position to produce all

21

responsive documents in the litigation while still protecting their alleged confidential,

22

proprietary, and private information.

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information outside the scope of this litigation could result in significant injury to its

24

business or privacy interests and the privacy interests of users of its products.

Defendant asserts the disclosure of such

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Accordingly, to expedite the flow of information, to facilitate the prompt resolution

26

of disputes over confidentiality of discovery materials, to adequately protect information

27 the parties are entitled (and in some cases required) to keep confidential, to ensure that the
28

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

2 ends ofjustice, a protective order for such information is justified in this matter. It is the
3

intent of the parties that information will not be designated as confidential for tactical

4

reasons and that nothing be so designated without a good faith belief that it has been

5

maintained in a confidential, non-public manner, and there is good cause why it should

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not be part of the public record of this case.

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2.

DEFINITIONS

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2 Action: this pending federal law suit.
.1

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2 Challen in~Part_~ a Party or Non-Party that challenges the designation of
.2

10 ~ information or items under this Order.
11

2 "CONFIDENTIAL" Information or Items: information (regardless of how it is
.3

12

generated, stored or maintained) or tangible things that qualify for protection under

13 ' Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
14

Statement.

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16

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.4

their support staff.

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18

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

2.5

Desi nating Party a Party or Non-Party that designates information or

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

19

2
.6

Disclosure or Discovery Material: all items or information, regardless

2
0

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

21

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

22

generated in disclosures or responses to discovery in this matter.

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.7

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

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

25

expert witness or as a consultant in this Action.

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6

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

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

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

legal entity not named as a Party to this action.

3

2
.10 Outside Counsel of Record: attorneys who are not employees of a party to this

4

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

5

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

6

behalf of that party, and includes support staff.

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2
.11 Party: any party to this Action, including all of its officers, directors,

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

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support staffs).

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2 Producin~y: a Party or Non-Party that produces Disclosure or Discovery
.12
Material in this Action.

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2
.13 Professional Vendors: persons or entities that provide litigation support

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services (e.g.,

14

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

15

their employees and subcontractors.

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photocopying,

videotaping, translating,

preparing

e~ibits

or

2 Protected Material: any Disclosure or Discovery Material that is designated as
.14

17 "
CONFIDENTIAL."
]
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2
.15 Receivin~v: a Party that receives Disclosure or Discovery Material from

19 a Producing Party.
2
0

3.

SCOPE

21

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

22

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

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

24

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

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Counsel that might reveal Protected Material.

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6

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

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judge. This Order does not govern the use ofProtected Material at trial.

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DURATION

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Once a case proceeds to trial, all of the court-filed information to be introduced

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that was previously designated as confidential or maintained pursuant to this protective

4

order becomes public and will be presumptively available to all members of the public,

5

including the press, unless compelling reasons supported by specific factual findings to

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proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v.

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City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing

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"good cause" showing for sealing documents produced in discovery from "compelling

9

reasons" standard when merits-related documents are part of court record). Accordingly,

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the terms of this protective order do not extend beyond the commencement ofthe trial.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Desi natin~ Material for Protection Each

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

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

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

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

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

18

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

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

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

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to unnecessarily encumber the case development process or to impose unnecessary

22 expenses and burdens on other parties) may expose the Designating Party to sanctions.
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If it comes to a Designating Party's attention that information or items that it

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

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

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5.2

Manner and Timing of Designations. Except as otherwise provided in

27 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated
28

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

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Designation in conformity with this Order requires:

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

4

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

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Producing Party affix at a minimum, the legend "CONFIDENTIAL" (hereinafter

6 "
CONFIDENTIAL legend"), to each page that contains protected material. If only
7

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

8

also must clearly identify the protected portions)(e.g., by making appropriate marking;

9

in the margins).

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

I1

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

12 documents it would like copied and produced. During the inspection and before the
13

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

14 "
CONFIDENTIAL." After the inspecting Party has identified the documents it want
15

copied and produced, the Producing Party must determine which documents, or portion;

16

thereof, qualify for protection under this Order. Then, before producing the specifies

17

documents, the Producing Party must affix the "CONFIDENTIAL legend" to each page

18

that contains Protected Material. If only a portion or portions of the material on a page

19

qualifies for protection, the Producing Party also must clearly identify the protected

20

portions)(e.g., by making appropriate markings in the margins).

21

( for testimony given in depositions that the Designating Party identify the
b)

22

Disclosure or Discovery Material on the record, before the close of the deposition all

23

protected testimony.

24

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

25

other tangible items, that the Producing Party affix in a prominent place on the exterior of

26

the container or containers in which the information is stored the legend

27 "
CONFIDENTIAL." If only a portion or portions of the information warrants protection,
28

the Producing Party, to the extent practicable, shall identify the protected portion(s).
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Inadvertent Failures to Designate• If timely corrected, an inadvertent failure

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. Upon

4

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

5

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

6

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

7

6.1 Timing of Challenges• Any Party or Non-Party may challenge a

8

designation of confidentiality at any time that is consistent with the Court's

9

Scheduling Order.

10

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

11

resolution process under Local Rule 37.1 et seq. Any discovery motion must strictly

12

comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3.

13

6.3 Burden. The burden of persuasion in any such challenge proceeding shall be

14

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

15

(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

16

expose the Challenging Party to sanctions. Unless the Designating Party has waived or

17

withdrawn the confidentiality designation, all parties shall continue to afford the

18

material in question the level of protection to which it is entitled under the Producing

19

Party's designation until the Court rules on the challenge.

►~l 7.
C

ACCESS TO AND USE OF PROTECTED MATERIAL

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

2

7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise

3

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

4 Party may disclose any information or item designated "CONFIDENTIAL" only to:
5

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

6 employees of said Outside Counsel of Record to whom it is reasonably necessary to
~

disclose the information for this Action;

g

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

9 the Receiving Party to whom disclosure is reasonably necessary for this Action;
10

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

11

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

12 "Acknowledgment and Agreement to Be Bound"(Exhibit A);
13

(d)the court and its personnel;

14

(e)court reporters and their staff;

15

(~ professional jury or trial consultants, mock jurors, and Professional

16

Vendors to whom disclosure is reasonably necessary for this Action and who have signed

1~

the "Acknowledgment and Agreement to Be Bound"(Exhibit A);

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

19 custodian or other person who otherwise possessed or knew the information;
20

(h) during their depositions, witnesses, and attorneys for witnesses, in the

21

Action to whom disclosure is reasonably necessary provided: (1) the deposing party

22 requests that the witness sign the form attached as Exhibit A hereto; and (2)they will not
23

be permitted to keep any confidential information unless they sign the "Acknowledgment

24

and Agreement to Be Bound" (Exhibit A), unless otherwise agreed by the Designating

25

Party or ordered by the court. Pages of transcribed deposition testimony or e~ibits to

26

depositions that reveal Protected Material may be separately bound by the court reporter

27 and may not be disclosed to anyone except as permitted under this Stipulated Protective
28

Order; and
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(i) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.

3 I 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

4 ~ OTHER LITIGATION
5

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

6

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

7 "
CONFIDENTIAL," that Party must:
8

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

9 include a copy of the subpoena or court order;
10

( promptly notify in writing the party who caused the subpoena or order to
b)

11

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

12

order is subject to this Protective Order. Such notification shall include a copy of this

13

Stipulated Protective Order; and

14
15

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

16

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

17

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

18 "
CONFIDENTIAL" before a determination by the court from which the subpoena or
19

order issued, unless the Party has obtained the Designating Party's permission. The

2
0

Designating Party shall bear the burden and expense of seeking protection in that court of

21

its confidential material and nothing in these provisions should be construed as

22

authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive

23

f
rom another court.

24

9
.

25

IN THIS LITIGATION

ANON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

2
6

( The terms of this Order are applicable to information produced by a Nona)

27

Party in this Action and designated as "CONFIDENTIAL." Such information produced

28

by Non-Parties in connection with this litigation is protected by the remedies and relief
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provided by this Order. Nothing in these provisions should be construed as prohibiting a

2

Non-Party from seeking additional protections.

3

(b) In the event that a Party is required, by a valid discovery request, to

4

produce allon-Party's confidential information in its possession, and the Party is subject

5

to an agreement with the Non-Party not to produce the Non-Party's confidential

6

information, then the Party shall:

~

(1) promptly notify in writing the Requesting Party and the Non-Party

g

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

9

with allon-Party;

10

(2) promptly provide the Non-Party with a copy of the Stipulated

11

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

12

specific description ofthe information requested; and

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14

(3) make the information requested available for inspection by the Nonparty, if requested.

15

(c) If the Non-Party fails to seek a protective order from this court within 14

16

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

1~

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

1g

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

19

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

20

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

21

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

22

court of its Protected Material.

23

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

24

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

25

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

26

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

27 the Designating Party of the unauthorized disclosures,(b) use its best efforts to retrieve
28

all unauthorized copies of the Protected Material, (c) inform the person or persons to
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whom unauthorized disclosures were made of all the terms of this Order, and (d)request

2 such person or persons to execute the "Acknowledgment and Agreement to Be Bound"
3 that is attached hereto as E~ibit A.
4

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

5

PROTECTED MATERIAL

6

When a Producing Party gives notice to Receiving Parties that certain inadvertently

~

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

g

the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).

9 This provision is not intended to modify whatever procedure may be established in an e10 discovery order that provides for production without prior privilege review. Pursuant to
11

Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the

12 effect of disclosure of a communication or information covered by the attorney-client
13 privilege or work product protection, the parties may incorporate their agreement in the
14 stipulated protective order submitted to the court.
15
16

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18

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 Ob'ections. By stipulating to the entry of this Protective

19 Order no Party waives any right it otherwise would have to object to disclosing or
20

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

21

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

22 evidence of any ofthe material covered by this Protective Order.
23

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

24

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

25

under seal pursuant to a court order authorizing the sealing of the specific Protec
,.

26

Material at issuJ~If a Party's request to file Protected Material under seal is denied by the

(
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27 court, then the Receiving Party may file the information in the public record unless
28

otherwise instructed by the court.
Case No.: 2:16-cv-06561 CAS(PLAx) 12
Toga -,loint Stipulation Re Protective Order 4828-2433-4407
"
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JOINT STIPULATION FOR
PROTECTIVE ORDER RE'
DISCOVERY

C:~se L:lb-cv-Ub5b1-LA5-NLH

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FINAL DISPOSITION

2

After the final disposition of this Action, as defined in paragraph 4, within 60 days

3

of a written request by the Designating Party, each Receiving Party must return all

4

Protected Material to the Producing Party or destroy such material. As used in this

5

subdivision, "all Protected Material" includes all copies, abstracts, compilations,

6

summaries, and any other format reproducing or capturing any of the Protected Material.

~

Whether the Protected Material is returned or destroyed, the Receiving Party must submit

g

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

9

Designating Party) by the 60 day deadline that (1) identifies (by category, where

10

appropriate) all the Protected Material that was returned or destroyed and (2) affirms that

11

the Receiving Party has not retained any copies, abstracts, compilations, summaries or

12

any other format reproducing or capturing any of the Protected Material. Notwithstanding

13

this provision, Counsel are entitled to retain an archival copy of all pleadings, motion

14

papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,

15

deposition and trial e~ibits, expert reports, attorney work product, and consultant and

16

expert work product, even if such materials contain Protected Material. Any such archival

17

copies that contain or constitute Protected Material remain subject to this Protective

1g

Order as set forth in Section 4(DURATION).

19

14.

MISCELLANEOUS PROVISION

20

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

21

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

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///

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6
27 ///
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Case No.: 2:16-cv-06561 CAS(PLAx) 13
Toga -Joint
Stipulation Re Protective Order 4828-2433-4407

v.3.docx

JOINT STIPULATION FOR
PROTECTIVE ORDER RE'
DISCOVERY

C;~Se 1:1b-CV-Ub5b1-(:H5-F'LH

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IT IS SO STIPULATED,THROUGH COUNSEL OF RECORD.

2

3

Dated: May 17, 2017

JACKSON LEWIS P.C.
By:

4
5

/s/Michael A. Hood
Michael A. Hood
Lina Nasry

6

Attorneys for Defendant
SHIRE HUMAN GENETIC THERAPIES,
INC.

7
8

9 Dated: May 17, 2017
l0
11

LAW OFFICE OF ROBERT F. KEEHN
By:

12
13

/s/Robert F. Keehn
Robert F. Keehn
Attorney for Plaintiff
DEBORAH TOGA

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15
16
17
18
19
2
0
21
22
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24
25
2
6
27
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Case No.: 2:16-cv-06561 CAS(PLAx) 14
Toga -Joint
Stipulation Re Protective Order 4828-2433-4407

v.3.docx

JOINT STIPULATION FOR
PROTECTIVE ORDER RE:
DISCOVERY

L se L:l~-cv-ub~bl-c:HS-NON uocument ~1 ~uea u~~~1~1i Nage l~ of l~ Nage iu #:~b1

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EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I,

[print

or

type

full

name],

of

4

[print or type full address], declare under penalty of perjury that I

5

have read in its entirety and understand the Stipulated Protective Order that was issued by

6

the United States District Court for the Central District of California on [date] in the case

~

of Deborah Toga v. Shire Human Genetic Therapies, Inc., et al. Case No. 2:16-cv-06561

g

CAS (PLAx). I agree to comply with and to be bound by all the terms of this Stipulated

9 Protective Order and I understand and acknowledge that failure to so comply could
10 expose me to sanctions and punishment in the nature of contempt. I solemnly promise
11

that I will not disclose in any manner any information or item that is subject to this

12

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

13

provisions ofthis 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 Stipulated

16

Protective Order, even if such enforcement proceedings occur after termination of this

1~

action. I hereby appoint

1g

name] of

19

telephone 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 Order.

[print or type full
[print or type full address and

21
22

Date:

23
24

City and State where sworn and signed:

25
26

Printed name:

27
~g

Signature:
Case No.: 2:16-cv-06561 CAS(PLAx) 15
Toga -Joint Stipulation
Re Protective Order 4828-2433 407

v.3.docx

JOINT STIPULATION FOR
PROTECTIVE ORDER RE'
DISCOVERY