HDMI Licensing, LLC v. TomTop Group, LTD. et al

Filing 60

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 58 . ***** SEE ORDER FOR DETAILS. ***** NOTE CHANGES MADE BY THE COURT. ***** (mp)

is 2:16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 1 of 21 Page ID #:394

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ED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION
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Case No. 2:16-cv-06923-JFW-AGR

5 HDMI LICENSING,LLC,
6 Plaintiff

STIPULATED PROTECTIVE ORDER
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g TOMTOP GROUP,LTD.; and
SHENZHEN TOMTOP
9 TECHNOLOGY CO., LTD.
Defendants.
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IT IS HEREBY STIPULATED by the parties' to the above-captioned action

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"Parties", each a "Party", and "Action", respectively) by and through their
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undersigned counsel of record that, pursuant to Federal Rule of Civil Procedure 26(c),
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the Parties have agreed to the following terms of confidentiality. Therefore, the Court,

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having found that good cause exists for the issuance of this appropriately tailored

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Stipulated Protective Order ("Protective Order"), which governs the pre-trial phase of
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2 this Action, has hereby v~~~~E~ QS `~u~5
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Pursuant to the Joint Stipulation to Substitute Party, filed with the Court today,
HDMI Licensing Administrator, Inc., upon order of the Court, will be substituted as
28 Plaintiff in place of HDMI Licensing, LLC.
STIPULATED PROTECTIVE ORDER

CasF~~2:16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 2 of 21
Page ID #:395

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SCOPE OF THE PROTECTIVE ORDER
1.

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This Protective Order shall govern the handling of confidential,

proprietary or trade secret information produced by or on behalf of any
Producing
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Party (as defined below) furnished by any person associated with any Produc
ing Party
(as defined below) on or after the date of this Protective Order in docum
ents,

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i
nformation contained in documents, deposition testimony, deposition
exhibits,

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deposition transcripts, written discovery requests, interrogatory responses, respon
ses

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to requests to admit, and responses to requests for documents, and any other

nformation or material or things produced, given or exchanged and any inform
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ation
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contained therein or derived therefrom, including, without limitation, docum
ents,
materials and things produced pursuant to Rules 34 and 45 of the Federal Rules
of
Civil Procedure in this Action ("Discovery Material").
2.

Nothing in this Protective Order shall prevent disclosure beyond the ~,

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terms of this Protective Order if the designating Party consents in writing to
such

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disclosure or if the Court allows such disclosure.

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TWO-TIERED DESIGNATIONS
3.

Any Party, non-Party, person or entity producing Discovery Material in

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this Action ("Producing Party") may designate such Discovery Materi
al, in
STIPULATED PROTECTIVE ORDER

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C

2:16-cv-06923-JFW-AGR Document 58 Filed 04/03
/17 Page 3 of 21 Page ID #:396

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appropriate circumstances, as (1) "CONFIDENTIAL" or (2) "CONFIDENTIAL —

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ATTORNEYS' EYES ONLY". All "CONFIDENTIAL" designations must be based

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on a good faith belief that the Discovery Material so designated contains non-public,

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confidential, proprietary, commercially sensitive information, and/or information

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subject to a legally protected right of privacy.

All "CONFIDENTIAL -

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ATTORNEYS EYES' ONLY" designations must be based on a good faith belief that

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the Discovery Material so designated contains extremely sensitive confidential

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information, the disclosure of which would create a substantial risk of serious

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competitive injury. The identification of Discovery Material with either of these

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designations is referred to herein as "Confidential Designation" or "Designated

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Pursuant To This Protective Order."
TIME AND MANNER OF DESIGNATION

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The Confidential Designation of Discovery Material shall be made by

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written notice in the Discovery Material by affixing, stamping or otherwise clearly

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marking the words "CONFIDENTIAL" or "CONFIDENTIAL —ATTORNEYS'

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EYES ONLY" to every page in a location that makes the Confidential Designation

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readily apparent and in a manner that does not interfere with the legibility. Wherev
er

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practicable, the

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Confidential

Designation

be

made

prior

contemporaneously with, the production or disclosure of Discovery Material.

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shall

STIPULATED PROTECTNE ORDER

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to,

or

2:16-cv-06923-JFW-AGR Document 58 Filed 04/03
/17 Page 4 of 21 Page ID #:397

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a.

In the case of electronically stored Discovery Material produced in

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native format, a Confidential Designation shall be made by includ
ing

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"
CONFIDENTIAL" or "CONFIDENTIAL —ATTORNEYS' EYES ONLY

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the file or directory name, or by affixing the legend "CONFIDENTIA
L" or

" in

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"
CONFIDENTIAL -ATTORNEYS ONLY" to the media contai
ning the

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Discovery Material (e.g., CD-ROM,thumb drive, floppy disk, DVD,
etc.);

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b.

in the case of deposition testimony, documents submitted as exhibits
to a

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deposition, or any other pre-trial testimony, a Confidential Designation shall

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made either by a statement on the record, by counsel, at the time
of such

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disclosure or before the conclusion of the deposition or testimony or by

be

written ~

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notice sent to all Parties within ten (10) days after receipt of the final

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provided that only those portions of the transcript design
ated

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transcript; ~
as I

"
CONFIDENTIAL" or "CONFIDENTIAL —ATTORNEYS' EYES
ONLY"

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shall be deemed "CONFIDENTIAL" or "CONFIDENTIAL —ATTORNE
YS'
EYES ONLY". The transcript of testimony shall reasonably deline
ate the
beginning and end of testimony Designated Pursuant To This Protective
Order ~

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and non-designated testimony, with any page of the transcript that
contains ~

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testimony Designated Pursuant To This Protective Order bearing a
prominent

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Confidential Designation. Testimony relating to exhibits Designated
Pursuant ~
To This Protective Order shall be designated the same as such
exhibits. ~
STIPULATED PROTECTIVE ORDER

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Separate transcripts oftestimony Designated Pursuant To This Protective Order

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and non-designated testimony shall not be prepared.
5.

A Party shall have the right to request a Confidential Designation for

Discovery Material called for by another Party's subpoena to a non-Party, in cases

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where the Discovery Material was provided by the Party to the non-Party, or vice-

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versa, pursuant to an agreement that the Discovery Material was primarily provided

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on a confidential or highly confidential basis, provided such request is made to the

to
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non-Party, and copied to the other Party, within fourteen (14) days of production of

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the Discovery Material to the requesting Party. Further, if Discovery Material marked

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with a Confidential Designation is called for in a subpoena by a non-Party to this

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Action, the non-Party to whom the subpoena is directed shall immediately give

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written notice thereof to each Party that has designated the Discovery Material and

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shall provide each such designating Party with an opportunity to object to the

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production of such Discovery Material in response to the subpoena.
6.

In the event that a Producing Party makes Discovery Material available

or
f inspection rather than delivering copies of Discovery Material to another Party, no

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Confidential Designation need be made in advance of the initial inspection. For

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purposes ofthe initial inspection, all Discovery Material shall be considered as having

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been designated at least"CONFIDENTIAL —ATTORNEYS'EYES ONLY"

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USE OF DESIGNATED DISCOVERY MATERIAL
STIPULATED PROTECTIVE ORDER

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7.

"CONFIDENTIAL": Except as set forth herein or unless otherwise

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ordered by the Court or upon prior express written consent of the Parties
, all
Discovery Material designated "CONFIDENTIAL" may be disclosed to:
a.

outside counsel representing the Parties in this Action, provided that

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counsel has entered an appearance in this case.

This includes clerical,

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secretarial and administrative employees of such counsel assigned to assist in

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the preparation of this Action ("Outside Counsel of Record");

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b.
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three (3) internal representatives of each Party who are designated in

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writing by each Party to this Action to all other Parties to this Action

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immediately following the entry of this Protective Order, provided, however,

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that disclosure may be made only to the extent deemed reasonably necessary by

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Outside Counsel of Record for the purpose of assisting in the prosecution or

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defense of the Action for use in accordance with this Protective Order and not

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f any business, governmental or regulatory purpose or function, except
or
as

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may be subpoenaed by any court, administrative or legislative body;

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c.

the Court, or any Court personnel, and court reporters or videographers
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transcribing or recording testimony in a hearing, deposition or at trial in this
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Action;

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d.

any person identified from the four corners of the Discovery Material ~

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itself as having authored or previously received the Discovery Material;
STIPULATED PROTECTIVE ORDER

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2:16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 7 of 21 Page ID #:400

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e.

subject to Paragraph 9, any person with whom a Party may deem it

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necessary to consult concerning technical, financial, legal or other aspects
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4

this case for the preparation or trial thereof, provided such person is not an

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employee of such Party and has not been a consultant within the last year for

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such Party except as an expert specially retained for or in anticipation of
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litigation or preparation for trial in any case ("Independent Expert"), provided

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such Independent Expert has executed an undertaking in the form attached as

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Exhibit A hereto;
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f
.

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counsel, only to the extent necessary to prepare for or conduct testimony or

subject to Paragraph 10, witnesses or deponents in this Action and their

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depositions in this Action, and provided such witnesses or deponents have
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executed an undertaking in the form attached as Exhibit A hereto; and

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g.

any other persons who may be specifically designated by consent of all

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Outside Counsel of Record or pursuant to an order of the Court, provided such

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persons have executed an undertaking in the form attached as Exhibit A hereto.

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8.

"CONFIDENTIAL —ATTORNEYS' EYES ONLY": Except as set

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forth herein or unless otherwise ordered by the Court or by prior express written

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consent of the Parties, all Discovery Material designated "CONFIDENTIAL —

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ATTORNEYS'EYES ONLY" may be disclosed to:

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a.

Outside Counsel of Record;

STIPULATED PROTECTNE ORDER

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2:16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 8 of 21 Page ID #:401

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b.

the Court, or any Court personnel, and court reporters or videographers

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transcribing or recording testimony in a hearing, deposition or at trial in this
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Action;

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c.

any person identified from the four corners of the Discovery Material

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itself as having authored or previously received the Discovery Material;
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subject to Paragraph 9, any Independent Expert, provided such

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d.

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Independent Expert has executed an undertaking in the form attached as Exhibit

to
A hereto; and
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any other persons who may be specifically designated by consent of all

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e.

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Outside Counsel of Record or pursuant to an order of the Court, provided such

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persons have executed an undertaking in the form attached as Exhibit A hereto.
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9.

Notwithstanding Paragraph 7(e) and 8(d), Discovery Material Designated

Pursuant To This Protective Order may be disclosed to persons listed therein only to

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the extent necessary for such Independent Expert to prepare a written opinion, to
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prepare to testify, or to assist counsel in this Action, provided that such Independent

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Expert (i) is not currently an employee of, or advising or discussing employment with,

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or consultant to, any Party or any competitor or potential transaction counterparty of

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any Party, as far as the Independent Expert can reasonably determine, and (ii) is using',

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said Discovery Material solely in connection with this Action. Independent Experts

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are hereby specifically advised, informed, and otherwise on actual notice that their
STIPULATED PROTECTIVE ORDER

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2:16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 9 of 21 Page ID #:402

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written work product that contains or discloses the substance of Discovery Material

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Designated Pursuant To This Protective Order is subject to all the provisions of this
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4

Protective Order. Counsel for the Party showing, providing, or disclosing Discovery

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Material Designated Pursuant To This Protective Order to any person required to

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execute an undertaking pursuant to this Protective Order shall be responsible for
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obtaining such signed undertaking and retaining the original, executed copy thereof.
10.

Notwithstanding Paragraph 7(~, Discovery Material Designated Pursuant

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To This Protective Order may be disclosed to persons listed therein only after such
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witness or deponent is first provided with a copy of this Protective Order and (i)

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confirms his or her understanding and agreement to abide by the terms of this

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Protective Order by making such a statement on the record, and by signing an
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undertaking in the form attached as Exhibit A hereto, or (ii) a court of competent

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jurisdiction orders him or her to abide by the terms of this Protective Order. Counsel

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f the Party showing, providing, or disclosing Discovery Material Designated
or
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Pursuant To This Protective Order to any person required to execute an undertaking

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pursuant to this Protective Order shall be responsible for obtaining such signed

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undertaking and retaining the original, executed copy thereof.
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1 1.

The procedure for the. Party seeking to reveal Discovery Material

Designated Pursuant To This Protective Order to any of the persons referred to in

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Paragraphs 7(e), 7(~, 7(g), 8(d), and 8(e) above shall be as follows:
STIPULATED PROTECTIVE ORDER

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'_:16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 10 of 21
Page ID #:403

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a.

The Party seeking to reveal such Discovery Material Designated Pursuant

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To This Protective Order shall, at least ten (10) days prior to the intended
date

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of disclosure of such Discovery Material to such persons, provide the following

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information to the designating Party:

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i.

a specific identification of the Discovery Material that the Party is

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seeking to reveal to such persons;

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ii.

a short statement of the reason for the proposed disclosure of the

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Discovery Material;

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iii.

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to whom the Party desires to reveal Discovery Material Designated ~

the name and business address and telephone number of the person

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Pursuant To This Protective Order; and

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iv.

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the name, address, and business or professional affiliation and job

title of the persons to whom the Party desires to reveal Discovery

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Material Designated Pursuant To This Protective Order.

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b.

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Pursuant To This Protective Order shall first provide the person with a
copy of ~

In addition, the Party seeking to reveal Discovery Material Designated

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this Protective Order and shall obtain, from such person, an execut
ed ~

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undertaking in the form attached as E~ibit A, stating that the person has read

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this Protective Order, understands its provisions, agrees to be bound hereby, ~

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and agrees to be subject to the jurisdiction of this Court in any proceedings
~
STIPULATED PROTECTIVE ORDER

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:16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 11 of 21 Page ID #:404

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relative to the enforcement of the Protective Order. Counsel shall maintain a

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complete record of every original signed undertaking obtained from any person
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4

pursuant to this Protective Order.

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c.

Within ten (10) days of receipt of the information described in Paragraph

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10(a) and undertaking described in Paragraph 10(b), the designating Party may
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object in writing to the disclosure of Discovery Material Designated Pursuant

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To This Protective Order to the person whom the requesting Party seeks to

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disclose such Discovery Material, if the designating Party believes that there is
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a reasonable likelihood that such person:

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i.

is not an Independent Expert;

ii.

may use the Discovery Material Designated Pursuant To This

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Protective Order for purposes other than the preparation or trial of this

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case; or

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iii.

possesses confidential information of the designating Party.

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Failure to object in writing within ten (10) days to the proposed

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disclosure of Discovery Material Designated Pursuant To This Protective

22

Order shall be deemed consent to such disclosure.
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If an objection to the disclosure of Discovery Material Designated

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d.

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Pursuant To This Protective Order pursuant to this Paragraph 10 is not resolved

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by the Parties within ten (10) days of service of the written notice of objection
STIPULATED PROTECTNE ORDER

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Case~~:16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 12 of
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described in Paragraph 10(c), the requesting Party may file a motion with

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respect to such objection within twenty (20) days of service of the notice

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objection. If such a motion is filed, the disclosure of Discovery Material

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Designated Pursuant To This Protective Order to the person objected to shall
be

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7

withheld pending the ruling ofthe Court on any such motion.

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No copies, extracts, or summaries of any Discovery Material Designated

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Pursuant To This Protective Order shall be made except by or on behalf of
Outside

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Counsel of Record. Any such copies, extracts, or summaries shall also be design
ated

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and treated as "CONFIDENTIAL" or "CONFIDENTIAL —ATTORNEYS' EYES

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ONLY", respectively, and shall not be delivered or exhibited to any persons except

as

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ig
9

provided by this Protective Order.
12.

Any document or thing containing or embodying "CONFIDENTIAL" or

"
CONFIDENTIAL —ATTORNEYS' EYES ONLY" Information that is to be filed

in

this action shall be filed under seal in accordance with Local Rule 79-5 concer
ning

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protective orders and the filing of confidential information under seal.
Documents

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f
iled under seal shall be served upon all counsel of record via electronic mail on
the

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same day they are filed.

~.oc~.l ~~.c.~ ~q-5 ~'k.A-u- a-P~~-1

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STIPULATED PROTECTIVE ORDER

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Case :16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 13 of 21 Page ID #:406

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>

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>

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If any Party fails to file Discovery Material Designated

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f~"~
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Pursuant to this Protective Orderfunder seal or to properly designate, delineate, delete
i~

or redact the Discovery Materials Designated Pursuant To This Protective Order from

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the Filing, the Producing Party or the Party claiming the confidentiality of the
Discovery Materials may request that the Court place the Filings under seal.
13.

Discovery Material shall be used solely for purposes of this Action, and

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shall not be used for any other purpose, including, without limitation, any business,
STIPULATED PROTECTNE ORDER

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Case :16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 14 of 21 Page ID #:407

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commercial, governmental or regulatory purpose or function, or any other litigation or

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proceeding, except as maybe subpoenaed by any court or administrative or legislative

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body, provided, however, that the foregoing shall not apply to Discovery Material that

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is, or becomes, part ofthe public record.

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7

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USE OF DESIGNATED DISCOVERY MATERIAL IN COURT
14.

Neither the provisions of this Protective Order nor the filing of any

Discovery Material under seal shall prevent the use, in open court, at any hearing or at

to
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trial of this case, of any Discovery Material that is subject to this Protective Order or

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f
iled under seal pursuant to its provisions.

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concerning appropriate methods for dealing with Discovery Material Designated

The Parties shall meet and confer

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Pursuant To This Protective Order at hearings and at trial.
FAILURE TO DESIGNATE

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15.

The inadvertent failure to make a Confidential Designation of Discovery

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Material shall not constitute a waiver of such claim and may be corrected. A

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Producing Party may give written notice to the receiving Party, including copies of the

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Discovery Material appropriately Designated Pursuant To This Protective Order, that

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the Discovery Material is deemed Designated Pursuant To The Protective Order and

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4

should be treated as such in accordance with the provisions of this Protective Order.

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Upon receiving such notification of the Confidential Designation of the Discovery,

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Material, the receiving Party shall use its reasonable and good faith efforts to collect
STIPULATED PROTECTIVE ORDER

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16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 15 of 21 Page ID #:408

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any and all copies of the inadvertently-produced Discovery Material from persons not

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entitled access to such Discovery Material had it initially been properly designated,
3
4 I I and the Discovery Material shall thereafter be treated as if it had been timely
5

Designated Pursuant To This Protective Order. If the receiving Party is subject to

6
7

excessive costs or burden in connection with undertaking to comply with this

g I I Paragraph, then the Producing Party shall reimburse the receiving Party for the
9 reasonable expenses incurred in connection therewith. In no event shall the
10
inadvertent disclosure by the Producing Party of Discovery Material without the
11
12 appropriate Confidential Designation be deemed to be a waiver in whole or in part of
13 the Producing Party's claim of
confidentiality, either as to the specific information
14
disclosed or as to any other information relating thereto or on the same or a related
15
16 ~ ~ subject.
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INADVERTENT DISCLOSURE OF PRIVILEGED INFORMATION
16.

Any inadvertent production of Discovery Material containing privileged

20 I I information shall not be deemed to be a waiver of the attorney-client privilege, work
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Product doctrine or anY other aPPlicable previlege or doctrine. Each PartY sPecificallY

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23

reserves the right to demand the return of any privileged document or other Discovery

24 I I Material that it may produce inadvertently during discovery if the Party determines
25

that such Discovery Material contains privileged information. After receiving notice

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of such inadvertent production by the Producing Party, the receiving Party shall make
STIPULATED PROTECTIVE ORDER

IS

Case !:16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 16 of 21 Page ID #:409

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reasonable and good faith efforts to locate and return to the Producing Party all copies

2

of such inadvertently-produced Discovery Material. If the receiving Party is subject
3
4

to excessive costs or burden in connection with undertaking to comply with this

5

Paragraph, then the Producing Party shall reimburse the receiving Party for the

6
reasonable expenses incurred in connection therewith.
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9

CHALLENGING THE STATUS OF DESIGNATED INFORMATION
17.

Unless and until otherwise ordered by the Court or agreed to in writing

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by the Parties, all Discovery Material Designated Pursuant To This Protective Order
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12

shall be treated in accordance with its designation and shall not be disclosed except

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under the terms of this Protective Order.

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18.

In the event that a Party challenges another Party's Confidential

15
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Designation, counsel shall make a good faith effort to resolve the dispute, by the

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following procedure:

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a.
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The Party objecting to the designation of Discovery Material as

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"
CONFIDENTIAL" or "CONFIDENTIAL —ATTORNEYS' EYES ONLY",

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may, in writing, request that the designating Party remove or change the

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Confidential Designation. Such written request shall specifically identify the
Discovery Material at issue.
b.

The designating Party shall respond in writing within ten (10) business

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days of receipt of the written request, or within such other period of time as ~
STIPULATED PROTECTNE ORDER

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Case ':16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 17 of 21 Page ID #:410

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may be designated by order of the Court or agreed to by the Parties. If the

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designating Party refuses to remove or change the Confidential Designation as
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4

requested, its written response shall state the reasons for this refusal.

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Notwithstanding the foregoing, failure to provide a timely written response

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shall be deemed a refusal of the request.
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c.

If the designating Party fails to respond to a request or refuses to remove

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or change the designation, the Party requesting re-designation shall have twenty

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( days to file a motion seeking such re-designation. It shall be the burden
20)

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the designating Party under such circumstances to establish by a preponderance

13

of the evidence that the information is correctly designated within the meaning

14

of this Protective Order.
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d.

In the event of such a motion, the Discovery Material at issue may be

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submitted to the Court for in camera inspection.

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19.
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This Protective Order shall not constitute a waiver of either Party's rights

under the Federal Rules of Civil Procedure or the Local Rules ofthis Court.

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MISCELLANEOUS

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20.
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No later than sixty (60) days after the final adjudication of this Action,

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4

including any appeals, and upon written request by a designating Party, all Discovery

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~ Material Designated Pursuant To This Protective Order shall be returned to the

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designating Party or shall be destroyed, unless a motion seeking modification of this
I STIPULATED PROTECTIVE ORDER

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CasE ':16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 18 of 21 Page ID #:411

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Protective Order is filed. In the event that such materials are destroyed, the persons)

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responsible for such destruction shall certify in writing to the completion and manner
of destruction. Notwithstanding the foregoing, a Party may retain one archival copy
of each pleading, ruling and order, each deposition, hearing, and trial transcript and

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7
8
9

e~ibit, and correspondence maintained by the Parties' Outside Counsel of Record in
their respective litigation files in the ordinary course of business.
21.

Nothing in this Protective Order shall limit any Producing Party's use or

10
11

disclosure of its own Discovery Material for any purpose, nor shall it impose any

12

restrictions on the use or disclosure by any person of Discovery Material Designated

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Pursuant To This Protective Order obtained lawfully by such person independently of

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15

the discovery proceedings in this Action, and not otherwise subject to confidentiality

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restrictions.

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22.

The Court retains jurisdiction to make such amendments, modifications

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19

and additions to this Protective Order as it may from time to time deem appropriate.

2
0

Either Party may make a request to the Court for any reasonable amendment to this

21

Protective Order to facilitate the efficient and appropriate handling of Discovery

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23
24
25

Material Designated Pursuant To This Protective Order.
23.

Nothing in this Protective Order sha11 prevent or otherwise restrict

Outside Counsel of Record from rendering advice to their clients and in the course

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6
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2g

thereof, relying generally on examination and review of Discovery Material )
STIPULATED PROTECTIVE ORDER

Cased ~?:16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 19 of 21 Page ID #:412

1

Designated Pursuant To This Protective Order; provided, however, that in rendering

2
3

such advice or otherwise communicating with such client, counsel shall not make

4

specific disclosure of Discovery Material Designated Pursuant To This Protective

5

Order.

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24.
7

Nothing in this Protective Order constitutes an admission by any party

8

that Discovery Material Designated Pursuant To This Protective Order disclosed in

9

this case is relevant or admissible. Each party specifically reserves the right to object

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11

to the use or admissibility of all disclosed Discovery Material Designated Pursuant To

12

This Protective Order, in accordance with applicable laws and court rules.

13

STIPULATED AND APPROVED FOR ENTRY BY:

14

HINSHAW AND CULBERTSON
LLP

BESHADA FARNESE LLP

BY:/s/ Filomena E. Mew
Filomena E. Meyer
f
[e-mail]
1 1601 Wilshire Boulevard, Suite 800
Los Angeles, CA 90025
Telephone:[phone]
Facsimile:[phone]
Attorneyfor Defendants

BY:/s/ Peter J. Farnese
Peter J. Farnese
[e-mail]
10250 Constellation Blvd., Suite 2300
Los Angeles, California 90067
Telephone:[phone]
Facsimile:[phone]
Attorneyfor Plaintiff

DATED: Apri13,2017

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DATED: Apri13,2017

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21
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23
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4

FOOR GOOD CAUSE SHOWN,IT IS SO ORDERED.
25
2
6

Dated: `~' (~ 20I'~

~Gc~i.,
Hon. Alicia G. Rosenberg
United States Magistrate Judge

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2g

STIPULATED PROTECTNE ORDER

19

Case ?:16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 20 of 21 Page ID #:413

1
2

UNITED STATES DISTRICT COURT

3

CENTRAL DISTRICT OF CALIFORNIA

4

WESTERN DIVISION

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6

Case No. 2:16-cv-06923-JFW-AGR

HDMI LICENSING, LLC,
Plaintiff

7

STIPULATED PROTECTIVE ORDER

8
TOMTOP GROUP,LTD.; and
SHENZHEN TOMTOP
l0 TECHNOLOGY CO., LTD.
Defendants.
9

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12
13
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UNDERTAHING
I,

,hereby certify that I have read the

15
16

Stipulated Protective Order (the "Order") entered in the above-captioned case on

17

2017, and that I understand the terms, conditions and

18

restrictions it imposes on any person given access to "CONFIDENTIAL" and/or

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2
0

"
CONFIDENTIAL —ATTORNEYS' EYES ONLY" (collectively, "Confidential

21

Designation") materials. I recognize that I am bound by the terms of that Order, and I

22

agree to comply with those terms.
23
2
4

I will not disclose Confidential Designation materials to anyone other than

25

persons specifically authorized by the Order and agree to return all such materials that j

2
6

come into my possession to counsel from whom I received such materials. I hereby
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2g

STIPULATED PROTECTNE ORDER

20

?:16-cv-06923-JFW-AGR Document 58 Filed 04/03/17 Page 21 of 21 Page ID #:414

1

consent to be subject to the personal jurisdiction of the United States District Court for

2

the Central District of California with respect to any proceedings relative to the
3
4

enforcement of the Order, including any proceeding related to contempt of Court. I

5

hereby appoint

[print or type full name]

6

[
print or type full address and
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8

telephone number] as my California agent for service of process in connection with

9

this action or any proceedings related to enforcement of the Order.

l0

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12

I declare under penalty of perjury under the laws of the United States that the
f
oregoing is true and correct and that this Undertaking is executed this

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2017.

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(Signature)

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Business Address

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2
0

Business Phone

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2
2
23

Employer/Business

2
4
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Job Title/Description

2
6
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2g

STIPULATED PROTECTNE ORDER

21

day