Lisa Kim Madrigual v. Hint, Inc. et al

Filing 42

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner, re: Stipulation for Protective Order, 41 . (mz)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

Amanda L. Groves (SBN: 187216)
[e-mail]
WINSTON & STRAWN LLP
101 California Street, 35th Floor
San Francisco, CA 94111-5802
Telephone: [phone]
Facsimile: [phone]
Natalie L. Arbaugh (pro hac vice)
[e-mail]
WINSTON & STRAWNthLLP
2501 N. Harwood St., 17 Floor
Dallas, TX 75201
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
HINT, INC.
Joseph S. Farzam, SBN 210817
[e-mail]
Matthew Evans, SBN 258151
[e-mail]
JOSEPH FARZAM LAW FIRM
A Professional Law Corporation
11766 Wilshire Blvd, Suite 280
Los Angeles, California 90025
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
LISA KIM MADRIGAL

17

UNITED STATES DISTRICT COURT

18

CENTRAL DISTRICT OF CALIFORNIA

19
20
21
22
23

LISA KIM MADRIGAL, on behalf of
herself and those similarly situated,

Case No. 17-cv-02095-VAP-MRW

Plaintiff,

Complaint Filed: January 17, 2017
Trial Date: None Set

vs.

STIPULATED PROTECTIVE
ORDER

24

HINT, INC., and DOES 1 through 20
inclusive,

25

Defendants.

26
27
28
STIPULATED PROTECTIVE ORDER

STIPULATED PROTECTIVE ORDER

1
2

A.

3

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

PURPOSES AND LIMITATIONS

4

proprietary, or private information for which special protection from public disclosure

5

and from use for any purpose other than prosecuting this litigation may be warranted.

6

Accordingly, the parties hereby stipulate to and petition the Court to enter the

7

following Stipulated Protective Order. The parties acknowledge that this Order does

8

not confer blanket protections on all disclosures or responses to discovery and that the

9

protection it affords from public disclosure and use extends only to the limited

10

information or items that are entitled to confidential treatment under the applicable

11

legal principles. The parties further acknowledge, as set forth in section 12.3, below,

12

that this Stipulated Protective Order does not entitle them to file confidential

13

information under seal; Civil Local Rule 79-5 sets forth the procedures that must be

14

followed and the standards that will be applied when a party seeks permission from

15

the court to file material under seal.

16

B.

17

This action is likely to involve trade secrets, customer and pricing lists and

GOOD CAUSE STATEMENT

18

other valuable research, development, commercial, financial, technical and/or

19

proprietary information for which special protection from public disclosure and from

20

use for any purpose other than prosecution of this action is warranted. Such

21

confidential and proprietary materials and information consist of, among other things,

22

confidential business or financial information, information regarding confidential

23

business practices, or other confidential research, development, or commercial

24

information (including information implicating privacy rights of third parties),

25

information otherwise generally unavailable to the public, or which may be privileged

26

or otherwise protected from disclosure under state or federal statutes, court rules, case

27

decisions, or common law. Accordingly, to expedite the flow of information, to

28
1
STIPULATED PROTECTIVE ORDER

1

facilitate the prompt resolution of disputes over confidentiality of discovery materials,

2

to adequately protect information the parties are entitled to keep confidential, to

3

ensure that the parties are permitted reasonable necessary uses of such material in

4

preparation for and in the conduct of trial, to address their handling at the end of the

5

litigation, and serve the ends of justice, a protective order for such information is

6

justified in this matter. It is the intent of the parties that information will not be

7

designated as confidential for tactical reasons and that nothing be so designated

8

without a good faith belief that it has been maintained in a confidential, non-public

9

manner, and there is good cause why it should not be part of the public record of this

10

case.
Here, a second-tier “Highly Confidential – Attorneys’ Eyes Only” designation

11
12

is warranted in this case because it will likely involve the production of extremely

13

sensitive commercial materials that require a higher level of protection and restricted

14

disclosure. This designation would apply to documents and information containing

15

HINT’s trade secrets and proprietary information, confidential research, customer-

16

specific information, supplier information, business plans and strategies, and financial

17

information including pricing information, sales data, and third parties’ confidential

18

information. Heightened protection is justified because such documents contain

19

valuable, confidential commercially sensitive information and HINT would suffer

20

harm by directly disclosing such information to Plaintiff.

21

1.

DEFINITIONS

22

1.1

Action: this pending federal law suit.

23

1.2

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

24
25

of information or items under this Order.
1.3

“CONFIDENTIAL” Information Or Items: information (regardless of

26

how it is generated, stored or maintained) or tangible things that qualify for protection

27

under Federal Rule Of Civil Procedure 26(c), and as specified above in the Good

28

Cause Statement.
2
STIPULATED PROTECTIVE ORDER

1

1.4

HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”

2

Information or Items: “CONFIDENTIAL” Information or Items, that also contain

3

extremely sensitive business information and/or trade secret information, and as

4

specified above in the Good Cause Statement, the disclosure of which to another Party

5

or Non-Party would create a substantial risk of serious harm that could not be avoided

6

by less restrictive means.

7
8
9

1.5

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

support staff).
1.6

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

10

items that it produces in disclosures or in responses to discovery as

11

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

12

ONLY.”

13

1.7

Disclosure Or Discovery Material: all items or information, regardless of

14

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

15

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

16

generated in disclosures or responses to discovery in this matter.

17

1.8

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

18

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

19

expert witness or as a consultant in this Action.

20

1.9

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

21

House Counsel does not include outside Counsel of Record or any other outside

22

counsel.

23
24
25

1.10 Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
1.11 Outside Counsel Of Record: attorneys who are not employees of a party

26

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

27

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

28

has appeared on behalf of that party, and includes support staff.
3
STIPULATED PROTECTIVE ORDER

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

1
2

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

3

support staffs).
1.13 Producing Party: a Party or Non-Party that produces Disclosure or

4
5

Discovery Material in this Action.
1.14 Professional Vendors: persons or entities that provide litigation support

6
7

services (e.g., photocopying, videotaping, translating, preparing exhibits or

8

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

9

and their employees and subcontractors.
1.15 Protected Material: any Disclosure or Discovery Material that is

10
11

designated as “CONFIDENTIAL” OR “HIGHLY CONFIDENTIAL -- ATTORNEYS’

12

EYES ONLY.”
1.16 Receiving Party: a Party that receives Disclosure or Discovery Material

13
14

from a Producing Party.

15

2.

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

16
17

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

18

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

19

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

20

or their Counsel that might reveal Protected Material. Any use of protected material at

21

trial shall be governed by the orders of the trial judge. This order does not govern the

22

use of Protected Material at trial.

23

3.

24

DURATION
Even after final disposition of this litigation, the confidentiality obligations

25

imposed by this Order shall remain in effect until a Designating Party agrees

26

otherwise in writing or a court order otherwise directs. Final disposition shall be

27

deemed to be the later of (1) dismissal of all claims and defenses in this Action, with

28

or without prejudice; and (2) final judgment herein after the completion and
4
STIPULATED PROTECTIVE ORDER

1

exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

2

including the time limits for filing any motions or applications for extension of time

3

pursuant to applicable law.

4

4.

5

DESIGNATING PROTECTED MATERIAL
4.1

Exercise Of Restraint And Care In Designating Material For Protection.

6

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

7

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

8

under the appropriate standards. The Designating Party must designate for protection

9

only those parts of material, documents, items, or oral or written communications that

10

qualify so that other portions of the material, documents, items, or communications

11

for which protection is not warranted are not swept unjustifiably within the ambit of

12

this Order.

13

Mass, indiscriminate, or routinized designations are prohibited. Designations

14

that are shown to be clearly unjustified or that have been made for an improper

15

purpose (e.g., to unnecessarily encumber the case development process or to impose

16

unnecessary expenses and burdens on other parties) may expose the Designating Party

17

to sanctions.

18

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

19

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

20

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

21

4.2

Manner And Timing Of Designations. Except as otherwise provided in

22

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

23

stipulated or ordered, Disclosure or Discovery material that qualifies for protection

24

under this order must be clearly so designated before the material is disclosed or

25

produced.

26
27
28

Designation in conformity with this Order requires:
(a)

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

documents, but excluding transcripts of depositions or other pretrial or trial
5
STIPULATED PROTECTIVE ORDER

1

proceedings), that the Producing Party affix at a minimum, the legend

2

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”

3

(hereinafter “CONFIDENTIAL legend”), to each page that contains protected

4

material. If only a portion or portions of the material on a page qualifies for

5

protection, the Producing Party also must clearly identify the protected portion(s)

6

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

7

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

8

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

9

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

10

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

11

“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

12

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

13

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

14

specified documents, the Producing Party must affix the “CONFIDENTIAL” or OR

15

“HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” legend to each page

16

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

17

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

18

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

19

(b)

for testimony given in depositions that the Designating Party

20

identify the Disclosure or Discovery Material on the record, before the close of the

21

deposition all protected testimony.

22

(c)

for information produced in some form other than documentary

23

and for any other tangible items, that the Producing Party affix in a prominent place

24

on the exterior of the container or containers in which the information is stored the

25

legend “CONFIDENTIAL OR “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

26

ONLY.” If only a portion or portions of the information warrants protection, the

27

Producing Party, to the extent practicable, shall identify the protected portion(s).

28
6
STIPULATED PROTECTIVE ORDER

4.3

1

Inadvertent Failures To Designate. If timely corrected, an inadvertent

2

failure 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

5

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

6

5.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
5.1

7

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.
5.2

10
11

Meet And Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
5.3

12

The burden of persuasion in any such challenge proceeding shall be on

13

the 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 or

16

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

17

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

18

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

19

6.

20

ACCESS TO AND USE OF PROTECTED MATERIAL
6.1

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

21

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

22

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

23

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

24

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

25

Party must comply with the provisions of section 13 below (final disposition).

26

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

27

location and in a secure manner that ensures that access is limited to the persons

28

authorized under this Order.
7
STIPULATED PROTECTIVE ORDER

1

6.2

Disclosure Of “CONFIDENTIAL” Information Or Items. Unless

2

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

3

Receiving Party may disclose any information or item designated “CONFIDENTIAL”

4

only to:

5

(a)

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

6

well as employees of said Outside Counsel of Record to whom it is reasonably

7

necessary to disclose the information for this Action;

8
9
10

(b)

the officers, directors, and employees (including House Counsel)

of the Receiving Party to whom disclosure is reasonably necessary for this Action;
(c)

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

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

(f)

professional jury or trial consultants, mock jurors, and Professional

16

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

17

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

18
19
20

(g)

the author or recipient of a document containing the information or

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

during their depositions, witnesses ,and attorneys for witnesses, in

21

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

22

party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they

23

will not be permitted to keep any confidential information unless they sign the

24

“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed

25

by the Designating Party or ordered by the court. Pages of transcribed deposition

26

testimony or exhibits to depositions that reveal Protected Material may be separately

27

bound by the court reporter and may not be disclosed to anyone except as permitted

28

under this Stipulated Protective Order; and
8
STIPULATED PROTECTIVE ORDER

(i)

1
2

any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any of the parties engaged in settlement discussions.
6.3

3

DISCLOSURE OF “HIGHLY CONFIDENTIAL -- ATTORNEYS’

4

EYES ONLY” INFORMATION OR ITEMS. Unless otherwise ordered by the court

5

or permitted in writing by the Designating Party, a Receiving Party may disclose any

6

information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

7

ONLY” only to:

8

(a)

9
10

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

well as employees of said Outside Counsel of Record to whom it is reasonably
necessary to disclose the information for this Action;
(b)

11

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

12

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

13

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

14

(c)

the court and its personnel;

15

(d)

private court reporters and their staff to whom disclosure is

16

reasonably necessary for this Action and who have signed the “Acknowledgment and

17

Agreement to Be Bound” (Exhibit A);
(e)

18

professional jury or trial consultants, mock jurors, and Professional

19

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

20

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(f)

21
22

the author or recipient of a document containing the information or

a custodian or other person who otherwise possessed or knew the information; and
(g)

23

any mediator or settlement officer, and their supporting personnel,

24

mutually agreed upon by any of the parties engaged in settlement discussions.

25

7.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

26

IN OTHER LITIGATION

27

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

28

that compels disclosure of any information or items designated in this Action as
9
STIPULATED PROTECTIVE ORDER

1

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

2

ONLY,” that party must:
(a)

3
4

promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order;
(b)

5

promptly notify in writing the party who caused the subpoena or

6

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

7

subpoena or order is subject to this Protective Order. Such notification shall include a

8

copy of this Stipulated Protective Order; and
(c)

9
10

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

11
12

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

13

action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’

14

EYES ONLY” before a determination by the court from which the subpoena or order

15

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

16

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

17

court of its confidential material and nothing in these provisions should be construed

18

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

19

directive from another court.

20

8.

21
22

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a)

The terms of this Order are applicable to information produced by

23

a Non-Party in this Action and designated as “CONFIDENTIAL or “HIGHLY

24

CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information produced by

25

Non-Parties in connection with this litigation is protected by the remedies and relief

26

provided by this Order. Nothing in these provisions should be construed as prohibiting

27

a Non-Party from seeking additional protections.

28
10
STIPULATED PROTECTIVE ORDER

(b)

1

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

2

to produce a Non-Party’s confidential information in its possession, and the Party is

3

subject to an agreement with the Non-Party not to produce the Non-Party’s

4

confidential information, then the party shall:
(1) promptly notify in writing the Requesting Party and the Non-

5
6

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

7

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

8
9
10

Protective Order in this Action, the relevant discovery request(s), and a reasonably
specific description of the information requested; and
(3) make the information requested available for inspection by the

11
12

Non-Party, if requested.
(c)

13

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

14

within 14 days of receiving the notice and accompanying information, the Receiving

15

Party may produce the Non-Party’s confidential information responsive to the

16

discovery request. If the Non-Party timely seeks a protective order, the Receiving

17

Party shall not produce any information in its possession or control that is subject to

18

the confidentiality agreement with the Non-Party before a determination by the court.

19

Absent a court order to the contrary, the non-party shall bear the burden and expense

20

of seeking protection in this court of its Protected Material.

21

9.

22

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

23

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

24

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

25

writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

26

to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

27

persons to whom unauthorized disclosures were made of all the terms of this Order,

28

and (d) request such person or persons to execute the “Acknowledgment and
11
STIPULATED PROTECTIVE ORDER

1

Agreement to Be Bound” that is attached hereto as Exhibit A.

2

10.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

3

PROTECTED MATERIAL

4

When a Producing Party gives notice to Receiving Parties that certain

5

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

6

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

7

Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

8

may be established in an e-discovery order that provides for production without prior

9

privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

10

parties reach an agreement on the effect of disclosure of a communication or

11

information covered by the attorney-client privilege or work product protection, the

12

parties may incorporate their agreement in the stipulated protective order submitted to

13

the court.

14

11.

11.1 Right To Further Relief. Nothing in this Order abridges the right of any

15
16

MISCELLANEOUS

person to seek its modification by the Court in the future.
11.2 Right To Assert Other Objections. By stipulating to the entry of this

17
18

Protective Order no Party waives any right it otherwise would have to object to

19

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

20

Stipulated Protective Order. Similarly, no Party waives any right to object on any

21

ground to use in evidence of any of the material covered by this Protective Order.

22

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

23

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

24

only be filed under seal pursuant to a court order authorizing the sealing of the

25

specific Protected Material at issue. If a Party’s request to file Protected Material

26

under seal is denied by the court, then the Receiving Party may file the information in

27

the public record unless otherwise instructed by the court.

28

12.

FINAL DISPOSITION
12
STIPULATED PROTECTIVE ORDER

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

1
2

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

3

all Protected Material to the producing party or destroy such material. As used in this

4

subdivision, “all Protected Material” includes all copies, abstracts, compilations,

5

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

6

Material. Whether the Protected Material is returned or destroyed, the Receiving Party

7

must submit a written certification to the Producing Party (and, if not the same person

8

or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by

9

category, where appropriate) all the Protected Material that was returned or destroyed

10

and (2)affirms that the Receiving Party has not retained any copies, abstracts,

11

compilations, summaries or any other format reproducing or capturing any of the

12

Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

13

archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

14

legal memoranda, correspondence, deposition and trial exhibits, expert reports,

15

attorney work product, and consultant and expert work product, even if such materials

16

contain Protected Material. Any such archival copies that contain or constitute

17

Protected Material remain subject to this Protective Order as set forth in Section 4

18

(Duration).

19

13.

VIOLATION
Any willful violation of this Order may be punished by civil or criminal

20
21

contempt proceedings, financial or evidentiary sanctions, reference to disciplinary

22

authorities, or other appropriate action at the discretion of the Court.

23

///

24

///

25

///

26

///

27

///

28

///
13
STIPULATED PROTECTIVE ORDER

1

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2
3

Dated: November 20, 2017

Respectfully submitted,

4

WINSTON & STRAWN LLP

5

By:

/s/ Amanda L. Groves
Amanda L. Groves
Natalie L. Arbaugh
Shawn R. Obi
Attorneys for Defendant
HINT, INC.

6
7
8
9

Dated: November 20, 2017

10

JOSEPH FARZAM LAW FIRM
By:

/s/ Matthew Evans
Joseph S. Farzam
Matthew Evans
Attorneys for Plaintiff
LISA KIM MADRIGAL

11
12
13
14
15

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

16
17

DATED: November 21, 2017

18
19
20

Hon. Michael R. Wilner
UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28
14
STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________________________, of _________________, declare under

4

penalty of perjury that I have read in its entirety and understand the Stipulated

5

Protective Order that was issued by the United States District Court For The Central

6

District Of California on ______________ in the case of Madrigal v. Hint, Inc., Case

7

No. 17-cv-02095-VAP-MRW. I agree to comply with and to be bound by all the terms

8

of this Stipulated Protective Order and I understand and acknowledge that failure to so

9

comply could expose me to sanctions and punishment in the nature of contempt. I

10

solemnly promise that I will not disclose in any manner any information or item that is

11

subject to this Stipulated Protective Order to any person or entity except in strict

12

compliance with the provisions of this order. I further agree to submit to the

13

jurisdiction of the United States District Court For The Central District Of California

14

for the purpose of enforcing the terms of this stipulated protective order, even if such

15

enforcement proceedings occur after termination of this action. I hereby appoint

16

__________________________ of _______________________________________

17

as my California agent for service of process in connection with this action or any

18

proceedings related to enforcement of this Stipulated Protective Order.

19
20

Date: ______________________________________

21
22

City and State where sworn and signed: _________________________________

23
24

Printed name: _______________________________

25
26

Signature: __________________________________

27
28
15
STIPULATED PROTECTIVE ORDER