Brian Heston v. Distribution Alternatives, Inc. et al
Filing
23
PROTECTIVE ORDER by Magistrate Judge Patrick J. Walsh re Notice of Lodging 21 . (sbou)
4
Amy Semmel, State Bar No. 116204
Paul M. Kelley, State Bar No. 87505
KELLEY•SEMMEL, LLP
5757 Wilshire Blvd., Penthouse 5
Los Angeles, California 90036
Telephone: 323-592-3450
asemmel@kelleysemmel.com
5
Attorneys for Plaintiff Brian Heston
1
2
3
6
7
8
9
10
11
12
13
14
Leila Nourani, State Bar No.
Michael A. Wertheim, State Bar No.
JACKSON LEWIS
JACKSON LEWIS P.C.
725 S. Figueroa Street, Suite 2500
Los Angeles, CA 90017
Telephone: (213) 630-8218
Leila.Nourani@jacksonlewis.com
Michael.wertheim@jacksonlewis.com
Attorneys for Defendant
Distributional Alternatives, Inc.
15
UNITED STATES DISTRICT COURT
16
FOR THE CENTRAL DISTRICT OF CALIFORNIA
17
18
BRIAN HESTON, an individual,
CASE NO.: 2:16-cv-08078 PJW
19
Plaintiff,
20
21
22
23
24
vs.
DISTRIBUTION ALTERNATIVES,
INC., a Minnesota corporation; and
DOES 1 through 50, inclusive
STIPULATED PROTECTIVE ORDER
Complaint Filed: September 20, 2016
Magistrate Judge: Hon. Patrick J. Walsh
Courtroom: 790
Trial Date: None Set
Defendants.
25
26
27
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
1 CASE NO. 2:16-CV-08078-PJW
STIPULATED PROTECTIVE ORDER
1
1.
PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production
2
3
of confidential, proprietary, or private information for which special protection from
4
public disclosure and from use for any purpose other than prosecuting this litigation
5
may be warranted. Accordingly, the parties hereby stipulate to and petition the court
6
to enter the following Stipulated Protective Order. The parties acknowledge that this
7
Order does not confer blanket protections on all disclosures or responses to discovery
8
and that the protection it affords from public disclosure and use extends only to the
9
limited information or items that are entitled to confidential treatment under the
10
applicable legal principles. The parties further acknowledge, as set forth in Section
11
12.3, below, that this Stipulated Protective Order does not entitle them to file
12
confidential information under seal; Civil Local Rule 79-5 sets forth the procedures
13
that must be followed and the standards that will be applied when a party seeks
14
permission from the court to file material under seal.
15
2.
DEFINITIONS
16
2.1
Challenging Party: a Party or Non-Party that challenges the designation of
17
information or items under this Order.
18
2.2
“CONFIDENTIAL” Information or Items: information (regardless of
19
how it is generated, stored or maintained) or tangible things that qualify for protection
20
under Federal Rule of Civil Procedure 26(c).
21
22
23
2.3
Counsel: Outside Counsel of Record and House Counsel (as well as
their support staff).
2.4
Designating Party: a Party or Non-Party that designates information or
24
items that it produces in disclosures or in responses to discovery as
25
“CONFIDENTIAL.”
26
2.5
Disclosure or Discovery Material: all items or information, regardless of
27
the medium or manner in which it is generated, stored, or maintained (including,
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
2 CASE NO. 2:16-CV-08078-PJW
STIPULATED PROTECTIVE ORDER
1
among other things, testimony, transcripts, and tangible things), that are produced or
2
generated in disclosures or responses to discovery in this matter.
3
2.6
Expert: a person with specialized knowledge or experience in a matter
4
pertinent to the litigation who has been retained by a Party or its counsel to serve as an
5
expert witness or as a consultant in this action.
6
2.7
House Counsel: attorneys who are employees of a party to this action.
7
House Counsel does not include Outside Counsel of Record or any other outside
8
counsel.
9
10
11
2.8
Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
2.9
Outside Counsel of Record: attorneys who are not employees of a party
12
to this action but are retained to represent or advise a party to this action and have
13
appeared in this action on behalf of that party or are affiliated with a law firm which
14
has appeared on behalf of that party.
15
2.10 Party: any party to this action, including all of its officers, directors,
16
employees, consultants, retained experts, and Outside Counsel of Record (and their
17
support staffs).
18
19
20
2.11 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this action.
2.12 Professional Vendors: persons or entities that provide litigation support
21
services (e.g., photocopying, videotaping, translating, preparing exhibits or
22
demonstrations, and organizing, storing, or retrieving data in any form or medium)
23
and their employees and subcontractors.
24
25
26
2.13 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
2.14 Receiving Party: a Party that receives Disclosure or Discovery Material
27
from a Producing Party.
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
3 CASE NO. 2:16-CV-08078-PJW
STIPULATED PROTECTIVE ORDER
1
3.
SCOPE
The protections conferred by this Stipulation and Order cover not only
2
3
Protected Material (as defined above), but also (1) any information copied or extracted
4
from Protected Material; (2) all copies, excerpts, summaries, or compilations of
5
Protected Material; and (3) any testimony, conversations, or presentations by Parties
6
or their Counsel that might reveal Protected Material. However, the protections
7
conferred by this Stipulation and Order do not cover the following information: (a)
8
any information that is in the public domain at the time of disclosure to a Receiving
9
Party or becomes part of the public domain after its disclosure to a Receiving Party as
10
a result of publication not involving a violation of this Order, including becoming part
11
of the public record through trial or otherwise; and (b) any information known to the
12
Receiving Party prior to the disclosure or obtained by the Receiving Party after the
13
disclosure from a source who obtained the information lawfully and under no
14
obligation of confidentiality to the Designating Party. Any use of Protected Material at
15
trial shall be governed by a separate agreement or order.
16
4.
DURATION
Even after final disposition of this litigation, the confidentiality obligations
17
18
imposed by this Order shall remain in effect until a Designating Party agrees
19
otherwise in writing or a court order otherwise directs. Final disposition shall be
20
deemed to be the later of (1) dismissal of all claims and defenses in this action, with or
21
without prejudice; and (2) final judgment herein after the completion and exhaustion
22
of all appeals, rehearings, remands, trials, or reviews of this action, including the time
23
limits for filing any motions or applications for extension of time pursuant to
24
applicable law.
25
5.
26
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
27
Each Party or Non-Party that designates information or items for protection under this
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
4 CASE NO. 2:16-CV-08078-PJW
STIPULATED PROTECTIVE ORDER
1
Order must take care to limit any such designation to specific material that qualifies
2
under the appropriate standards. The Designating Party must designate for protection
3
only those parts of material, documents, items, or oral or written communications that
4
qualify – so that other portions of the material, documents, items, or communications
5
for which protection is not warranted are not swept unjustifiably within the ambit of
6
this Order.
7
Mass, indiscriminate, or routinized designations are prohibited. Designations
8
that are shown to be clearly unjustified or that have been made for an improper
9
purpose (e.g., to unnecessarily encumber or retard the case development process or to
10
impose unnecessary expenses and burdens on other parties) expose the Designating
11
Party to sanctions.
12
If it comes to a Designating Party’s attention that information or items that it
13
designated for protection do not qualify for protection, that Designating Party must
14
promptly notify all other Parties that it is withdrawing the mistaken designation.
15
5.2
Manner and Timing of Designations. Except as otherwise provided in
16
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
17
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
18
under this Order must be clearly so designated before the material is disclosed or
19
produced.
20
Designation in conformity with this Order requires:
21
(a) for information in documentary form (e.g., paper or electronic
22
documents, but excluding transcripts of depositions or other pretrial or trial
23
proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each
24
page that contains protected material. If only a portion or portions of the material on a
25
page qualifies for protection, the Producing Party also must clearly identify the
26
protected portion(s) (e.g., by making appropriate markings in the margins).
27
A Party or Non-Party that makes original documents or materials available for
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
5 CASE NO. 2:16-CV-08078-PJW
STIPULATED PROTECTIVE ORDER
1
inspection need not designate them for protection until after the inspecting Party has
2
indicated which material it would like copied and produced. During the inspection and
3
before the designation, all of the material made available for inspection shall be
4
deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
5
it wants copied and produced, the Producing Party must determine which documents,
6
or portions thereof, qualify for protection under this Order. Then, before producing the
7
specified documents, the Producing Party must affix the “CONFIDENTIAL” legend
8
to each page that contains Protected Material. If only a portion or portions of the
9
material on a page qualifies for protection, the Producing Party also must clearly
10
identify the protected portion(s) (e.g., by making appropriate markings in the
11
margins).
(b) for testimony given in deposition or in other pretrial or trial proceedings,
12
13
that the Designating Party identify on the record, before the close of the deposition,
14
hearing, or other proceeding, all protected testimony.
(c) for information produced in some form other than documentary and for
15
16
any other tangible items, that the Producing Party affix in a prominent place on the
17
exterior of the container or containers in which the information or item is stored the
18
legend “CONFIDENTIAL.” If only a portion or portions of the information or item
19
warrant protection, the Producing Party, to the extent practicable, shall identify the
20
protected portion(s).
21
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
22
failure to designate qualified information or items does not, standing alone, waive the
23
Designating Party’s right to secure protection under this Order for such material.
24
Upon timely correction of a designation, the Receiving Party must make reasonable
25
efforts to assure that the material is treated in accordance with the provisions of this
26
Order.
27
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
6 CASE NO. 2:16-CV-08078-PJW
STIPULATED PROTECTIVE ORDER
1
2
6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any Party or Non-Party may challenge a
3
designation of confidentiality at any time. Unless a prompt challenge to a Designating
4
Party’s confidentiality designation is necessary to avoid foreseeable, substantial
5
unfairness, unnecessary economic burdens, or a significant disruption or delay of the
6
litigation, a Party does not waive its right to challenge a confidentiality designation by
7
electing not to mount a challenge promptly after the original designation is disclosed.
8
9
6.2
Meet and Confer. The Challenging Party shall initiate the dispute
resolution process by providing written notice of each designation it is challenging
10
and describing the basis for each challenge. To avoid ambiguity as to whether a
11
challenge has been made, the written notice must recite that the challenge to
12
confidentiality is being made in accordance with this specific paragraph of the
13
Protective Order. The parties shall attempt to resolve each challenge in good faith and
14
must begin the process by conferring directly (in voice to voice dialogue; other forms
15
of communication are not sufficient) within 14 days of the date of service of notice. In
16
conferring, the Challenging Party must explain the basis for its belief that the
17
confidentiality designation was not proper and must give the Designating Party an
18
opportunity to review the designated material, to reconsider the circumstances, and, if
19
no change in designation is offered, to explain the basis for the chosen designation. A
20
Challenging Party may proceed to the next stage of the challenge process only if it has
21
engaged in this meet and confer process first or establishes that the Designating Party
22
is unwilling to participate in the meet and confer process in a timely manner.
23
6.3
Judicial Intervention. If the Parties cannot resolve a challenge without
24
court intervention, the Designating Party shall file and serve a motion to retain
25
confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-
26
5, if applicable) within 21 days of the initial notice of challenge or within 14 days of
27
the parties agreeing that the meet and confer process will not resolve their dispute,
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
7 CASE NO. 2:16-CV-08078-PJW
STIPULATED PROTECTIVE ORDER
1
whichever is earlier, or as otherwise agreed by the parties. Each such motion must be
2
accompanied by a competent declaration affirming that the movant has complied with
3
the meet and confer requirements imposed in the preceding paragraph. Failure by the
4
Designating Party to make such a motion including the required declaration within 21
5
days (or 14 days, if applicable) shall automatically waive the confidentiality
6
designation for each challenged designation. In addition, the Challenging Party may
7
file a motion challenging a confidentiality designation at any time if there is good
8
cause for doing so, including a challenge to the designation of a deposition transcript
9
or any portions thereof. Any motion brought pursuant to this provision must be
10
accompanied by a competent declaration affirming that the movant has complied with
11
the meet and confer requirements imposed by the preceding paragraph.
The burden of persuasion in any such challenge proceeding shall be on the
12
13
Designating Party. Frivolous challenges, and those made for an improper purpose
14
(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
15
expose the Challenging Party to sanctions. Unless the Designating Party has waived
16
the confidentiality designation by failing to file a motion to retain confidentiality as
17
described above, all parties shall continue to afford the material in question the level
18
of protection to which it is entitled under the Producing Party’s designation until the
19
court rules on the challenge.
20
7.
21
ACCESS TO AND USE OF PROTECTED MATERIAL
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 case
23
only for prosecuting, defending, or attempting to settle this litigation. Such Protected
24
Material may be disclosed only to the categories of persons and under the conditions
25
described in this Order. When the litigation has been terminated, a Receiving Party
26
must comply with the provisions of section 13 below (FINAL DISPOSITION).
27
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
8 CASE NO. 2:16-CV-08078-PJW
STIPULATED PROTECTIVE ORDER
1
Protected Material must be stored and maintained by a Receiving Party at a
2
location and in a secure manner that ensures that access is limited to the persons
3
authorized under this Order.
4
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
5
otherwise ordered by the court or permitted in writing by the Designating Party, a
6
Receiving Party may disclose any information or item designated “CONFIDENTIAL”
7
only to:
8
(a) the Receiving Party’s Outside Counsel of Record in this action, as well
9
as employees of said Outside Counsel of Record to whom it is reasonably necessary to
10
disclose the information for this litigation and who have signed the “Acknowledgment
11
and Agreement to Be Bound” that is attached hereto as Exhibit A;
12
(b) the officers, directors, and employees (including House Counsel) of the
13
Receiving Party to whom disclosure is reasonably necessary for this litigation and
14
who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
15
which shall include Kimberly DeMoss, the wife of Plaintiff;
16
(c) Experts (as defined in this Order) of the Receiving Party to whom
17
disclosure is reasonably necessary for this litigation and who have signed the
18
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
19
(d) the court and its personnel;
20
(e) court reporters and their staff, professional jury or trial consultants,
21
mock jurors, and Professional Vendors to whom disclosure is reasonably necessary
22
for this litigation and who have signed the “Acknowledgment and Agreement to Be
23
Bound” (Exhibit A);
24
(f) during their depositions, witnesses in the action to whom disclosure is
25
reasonably necessary and who have signed the “Acknowledgment and Agreement to
26
Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered
27
by the court. Pages of transcribed deposition testimony or exhibits to depositions that
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
9 CASE NO. 2:16-CV-08078-PJW
STIPULATED PROTECTIVE ORDER
1
reveal Protected Material must be separately bound by the court reporter and may not
2
be disclosed to anyone except as permitted under this Stipulated Protective Order.
(g) the author or recipient of a document containing the information or a
3
4
custodian or other person who otherwise possessed or knew the information.
5
8.
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
6
OTHER LITIGATION
7
If a Party is served with a subpoena or a court order issued in other litigation
8
that compels disclosure of any information or items designated in this action as
9
“CONFIDENTIAL,” that Party must:
10
11
(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
12
(b) promptly notify in writing the party who caused the subpoena or order to
13
issue in the other litigation that some or all of the material covered by the subpoena or
14
order is subject to this Protective Order. Such notification shall include a copy of this
15
Stipulated Protective Order; and
16
17
18
(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
19
the subpoena or court order shall not produce any information designated in this
20
action as “CONFIDENTIAL” before a determination by the court from which the
21
subpoena or order issued, unless the Party has obtained the Designating Party’s
22
permission. The Designating Party shall bear the burden and expense of seeking
23
protection in that court of its confidential material – and nothing in these provisions
24
should be construed as authorizing or encouraging a Receiving Party in this action to
25
disobey a lawful directive from another court.
26
27
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
10 CASE NO. 2:16-CV-08078-PJW
STIPULATED PROTECTIVE ORDER
1
9.
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
IN THIS LITIGATION
2
3
(a) The terms of this Order are applicable to information produced by a
4
Non-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
9
produce a Non-Party’s confidential information in its possession, and the Party is
10
subject to an agreement with the Non-Party not to produce the Non-Party’s
11
confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-Party
12
13
that some or all of the information requested is subject to a confidentiality agreement
14
with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated
15
16
Protective Order in this litigation, the relevant discovery request(s), and a reasonably
17
specific description of the information requested; and
(3) make the information requested available for inspection by the Non-
18
19
20
Party.
(c) If the Non-Party fails to object or seek a protective order from this court
21
within 14 days of receiving the notice and accompanying information, the Receiving
22
Party may produce the Non-Party’s confidential information responsive to the
23
discovery request. If the Non-Party timely seeks a protective order, the Receiving
24
Party shall not produce any information in its possession or control that is subject to
25
the confidentiality agreement with the Non-Party before a determination by the court.
26
Absent a court order to the contrary, the Non-Party shall bear the burden and expense
27
of seeking protection in this court of its Protected Material.
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
11 CASE NO. 2:16-CV-08078-PJW
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.
10
11.
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
11
PROTECTED
MATERIAL
12
When a Producing Party gives notice to Receiving Parties that certain
13
inadvertently produced material is subject to a claim of privilege or other protection,
14
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
15
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
16
may be established in an e-discovery order that provides for production without prior
17
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
18
parties reach an agreement on the effect of disclosure of a communication or
19
information covered by the attorney-client privilege or work product protection, the
20
parties may incorporate their agreement in the stipulated protective order submitted to
21
the court.
22
12.
23
24
25
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
26
Protective Order no Party waives any right it otherwise would have to object to
27
disclosing or producing any information or item on any ground not addressed in this
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
12 CASE NO. 2:16-CV-08078-PJW
STIPULATED PROTECTIVE ORDER
1
Stipulated Protective Order. Similarly, no Party waives any right to object on any
2
ground to use in evidence of any of the material covered by this Protective Order.
3
12.3 Filing Protected Material. Without written permission from the
4
Designating Party or a court order secured after appropriate notice to all interested
5
persons, a Party may not file in the public record in this action any Protected Material.
6
A Party that seeks to file under seal any Protected Material must comply with Civil
7
Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court
8
order authorizing the sealing of the specific Protected Material at issue. Pursuant to
9
Civil Local Rule 79-5, a sealing order will issue only upon a request establishing that
10
the Protected Material at issue is privileged, protectable as a trade secret, or otherwise
11
entitled to protection under the law. If a Receiving Party's request to file Protected
12
Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then
13
the Receiving Party may file the information in the public record pursuant to Civil
14
Local Rule 79-5(e) unless otherwise instructed by the court.
15
13.
16
FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in paragraph
17
4, each Receiving Party must return all Protected Material to the Producing Party or
18
destroy such material. As used in this subdivision, “all Protected Material” includes
19
all copies, abstracts, compilations, summaries, and any other format reproducing or
20
capturing any of the Protected Material. Whether the Protected Material is returned or
21
destroyed, the Receiving Party must submit a written certification to the Producing
22
Party (and, if not the same person or entity, to the Designating Party) by the 60 day
23
deadline that (1) identifies (by category, where appropriate) all the Protected Material
24
that was returned or destroyed and (2) affirms that the Receiving Party has not
25
retained any copies, abstracts, compilations, summaries or any other format
26
reproducing or capturing any of the Protected Material. Notwithstanding this
27
provision, Counsel are entitled to retain an archival copy of all pleadings, motion
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
13 CASE NO. 2:16-CV-08078-PJW
STIPULATED PROTECTIVE ORDER
1
papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
2
deposition and trial exhibits, expert reports, attorney work product, and consultant and
3
expert work product, even if such materials contain Protected Material. Any such
4
archival copies that contain or constitute Protected Material remain subject to this
5
Protective Order as set forth in Section 4 (DURATION).
6
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD
7
DATED: February 23, 2017
8
9
____________________________________
Amy Semmel
Attorneys for Plaintiff
Brian Heston
10
11
12
13
14
DATED: February ___, 2017
15
____________________________________
_
16
Leila Nourani
Michael A. Wertheim
Attorneys for Defendant
Distribution Alternatives, Inc.
17
18
19
20
IT IS SO ORDERED.
21
22
23
DATED: March 6, 2017
___________________________________
Honorable Patrick J. Walsh
United States Magistrate Judge
24
25
26
27
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
14 CASE NO. 2:16-CV-08078-PJW
STIPULATED PROTECTIVE ORDER
1
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
5
I have read in its entirety and understand the Stipulated Protective Order that was
6
issued by the United States District Court for the Central District of California on
7
[date] in the case of Brian Heston v. Distribution Alternatives, Inc., Case No. 2:16-cv-
8
08078 PJW. 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 of this Order.
14
I further agree to submit to the jurisdiction of the United States District Court for the
15
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
17
action.
18
I hereby appoint __________________________ [print or type full name] of
19
_______________________________________ [print or type full address and
20
telephone number] as my California agent for service of process in connection with
21
this action or any proceedings related to enforcement of this Stipulated Protective
22
Order.
23
Date: ______________________________________
24
City and State where sworn and signed: _________________________________
25
Printed name: _______________________________
26
27
Signature: __________________________________
28
c:\users\imartine\appdata\local\temp\notesc7a056\stipulation for protective order.docx
15 CASE NO. 2:16-CV-08078-PJW
STIPULATED PROTECTIVE ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?