Wei Weng v. Marinemax, Inc. et al

Filing 68

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 65 . ***** SEE ORDER FOR DETAILS. ***** (mp)

Case 2F~17-cv-02827-FMO-~.~R Document 65 Filed 11/14/17 F~~e 1 of 16 Page ID #:524

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA —WESTERN DIVISION

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WEI WENG,an individual,

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Plaintiff,

STIPULATED PROTECTIVE ORDER
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~7ARINEMAX,INC., a Florida
corporation; AZIMLTT-BENETTI
S. A., a foreign corporation;
C~1IVIMINS,INC., an Indiana
corporation; and DOES 1 through 10,
inclusive ,
Defendants.
AZIMUT-BENETTI S.p.A.,

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Hon. Fernando M. Olguin

v.

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Case No. 2:17-cv-02827-FMO(AGI~)

Complaint Filed:
Removed to USDC:

March 7,2017
April 13, 2017

Cross-Complainant,
v.
CUMMINS,INC.,

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Cross-Defendant.

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US.114847696.03
STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-02827-FMO(AGIUc)

Case 2j~.7-cv-02827-FMO-~.~R Document 65 Filed 11/14/17 F ~~e 2 of 16 Page ID #:525

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A.PURPOSES AND LIMITATIONS

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

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proprietary, or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation may

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be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

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enter the following Stipulated Protective Order. The parties acknowledge that this

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Order does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords from public disclosure and use extends

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only to the limited information or items that are entitled to confidential treatment

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under the applicable legal principles. The parties further acknowledge, as set forth

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in Section 12.3, below, that this Stipulated Protective Order does not entitle them to

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f confidential information under seal; Civil Local Rule 79-5 sets forth the
ile

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procedures that must be followed and the standards that will be applied when a

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

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B. GOOD CAUSE STATEMENT

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This action is likely to involve trade secrets, proprietary design drawings,

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detailed manufacturing records and quality control measures, commercial, financial,

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technical andJor proprietary information for which special protection from public

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

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warranted. Such confidential and proprietary materials and information consist of,

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among other things, confidential research, development, or commercial information

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including information implicating privacy rights of third parties), information
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otherwise generally unavailable to the public, or which may be privileged or

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

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

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f
acilitate the prompt resolution of disputes over confidentiality of discovery

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

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confidential, to ensure that the parties are permitted reasonable necessary uses of
US.114847696.03

-1 STIPULATED PROTECTIVE ORDER
CASE NO. 2:17-CV-02827-FMO(AGRX)

Case 2j~17-cv-02827-FMO-~.~R Document 65 Filed X1/14/17 Fine 3 of 16 Page ID #:526

1

such material in preparation for and in the conduct of trial, to address their handling

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at the end of the litigation, and serve the ends ofjustice, a protective order for such

3

information is justified in this matter. It is the intent of the parties that information

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will not be designated as confidential for tactical reasons and that nothing be so

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designated without a good faith belief that it has been maintained in a confidential,

6

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

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record of this case.

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.

DEFINITIONS

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2.1

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FMO(AGE).

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2.2

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Action: Wei Weng v. MarineMax, Inc., et al., Case No. 2:17-cv-02827-

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

designation of information or items under this Order.

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2.3

"CONFIDENTIAL" Information or Items: information (regardless of

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

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protection under Federal Rule of Civil Procedure 26(c), and as specified above in

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the Good Cause Statement.

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2.4

their support staffl.

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2
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Counsel: Outside Counsel of Record and House Counsel (as well as

2.5

Desi gnatin~ Party: a Party or Non-Party that designates information or

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

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CONFIDENTIAL."
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2.6

Disclosure or Discovery Material: all items or information, regardless

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

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

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or generated in disclosures or responses to discovery in this matter.

2 !
6 //
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///

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US.]14847696.03
FAEGRE BAKER

Dnwe~s LLP
A TTORNEYS AT LAW

-2STIPULATED PROTECTIVE ORDER
CASE NO.2:17-CV-02827-FMO(AGRX)

Case 2 7-cv-02827-FMO-~.~R Document 65 Filed 11/14/17 F,~~e 4 of 16 Page ID #:527

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2

2
.7

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

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

3 ~~ an expert witness or as a consultant in this Action.
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House Counsel: attorneys who are employees of a party to this Action.

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

6 II counsel.
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8

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Non-Pa :any natural person, partnership, corporation, association, or

other legal entity not named as a Party to this action.

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

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

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

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that has appeared on behalf of that party, including support staff.

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2
.11 etP

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

14 ' employees, consultants, retained experts, and Outside Counsel of Record (and their
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support staffs).

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.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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

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support services (e.g., photocopying, videotaping, translating, preparing e~ibits or

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0

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

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and their employees and subcontractors.

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

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2

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.15 Receiving Party_: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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6

///

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///

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US.11484
F AEGRE BAKER

DnN1e~5 LLP
A TTORNEYS AT LAW

-3STIPULATED PROTECTIVE ORDER
CASE NO.2:17-CV-02827-FMO(AGRX)

Case

1

7-cv-02827-FMO-..vR Document 65 Filed 11/14/17 ~ .age 5 of 16 Page ID #:528

3
.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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

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

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compilations of Protected Material; and (3) any testimony, conversations, or

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presentations by Parties or their Counsel that might reveal Protected Material.

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Any use of Protected Material at trial shall be governed by the orders of the
trial judge. This Order does not govern the use ofProtected Material at trial.

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DURATIOI~T

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

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introduced that was previously designated as confidential or maintained pursuant to

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this protective order becomes public and will be presumptively available to all

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members of the public, including the press, unless compelling reasons supported by

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specific factual findings to proceed otherwise are made to the trial judge in advance

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of the trial. See Kamakana v. City and County ofHonolulu, 447 F.3d 1172, 1180-

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81 (9th Cir. 2006) (distinguishing "good cause" showing for sealing documents

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produced in discovery from "compelling reasons" standard when merits-related

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documents are part of court record). Accordingly, the terms of this protective order

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do not extend beyond the commencement ofthe trial.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Desi gnatin~ Material for Protection.

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

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

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2

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

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protection only those parts of material, documents, items, or oral or written

2 I communications that qualify so that other portions of the material, documents,
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US.114847696.03
F AEGRE BAKER
D ANIELS LLP
ATTORNEYS AT LAW

-4STIPULATED PROTECTIVE ORDER
CASE NO.2;1'7-CV-02827-FMO(AGRX)

Case 2~~17-cv-02827-FMO-~ .~R Document 65 Filed 11/14/17 F ~.~e 6 of 16 Page I D #:529

l

items, or communications for which protection is not warranted are not swept

2 ~ unjustifiably within the ambit ofthis Order.
3

Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

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impose unnecessary expenses and burdens on other parties) may expose the

7 ~ Designating Party to sanctions.
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If it comes to a Designating Party's attention that information or items that it

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

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

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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

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

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

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produced.

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Designation in conformity with this Order requires:

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(
a)

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

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documents, but excluding transcripts of depositions or other pretrial or trial

19

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

2 "
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CONFIDENTIAL" (hereinafter "CONFIDENTIAL legend"), to each page that
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contains protected material. If only a portion or portions of the material on a page

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

23

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

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

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

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

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

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US.1
F AEGRE BAKER

Dnrv[s~s LLP
A TTORNEYS AT LAW

-5STIPULATED PROTECTIVE ORDER
CASE NO. 2:17-CV-02827-FMO(AGRX)

Case 2~~17-cv-02827-FMO-..~R Document 65 Filed 11/14/17 ~ age 7 of 16 Page ID #:530

1

deemed "CONFIDENTIAL." After the inspecting Party has identified the

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documents it wants copied and produced, the Producing Party must determine

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which documents, or portions thereof, qualify for protection under this Order.

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Then, before producing the specified documents, the Producing Party must affix the

5 "
CONFIDENTIAL legend" to each page that contains Protected Material. If only a
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portion or portions of the material on a page qualifies for protection, the Producing

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Party also must clearly identify the protected portions) (e.g., by making

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appropriate markings in the margins}.

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(
b)

for testimony given in depositions that the Designating Party identify

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

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deposition.

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(
c)

for information produced in some form other than documentary and

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f any other tangible items, that the Producing Party affix in a prominent place on
or

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

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legend "CONFIDENTIAL." If only a portion or portions of the information

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warrants protection, the Producing Party, to the extent practicable, shall identify the

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protected portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone, waive

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the Designating Party's right to secure protection under this Order for such

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material. Upon timely correction of a designation, the Receiving Party must make

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reasonable efforts to assure that the material is treated in accordance with the

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provisions of this Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challen~. Any Party or Non-Party may challenge a

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

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Scheduling Order.

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US.114847646.03
FAEGRE BAKER

DAtv~ets LLP
A nox Nevs Ar Lnw

STIPULATED PROTECTIVE ORDER

CASE NO. 2:17-CV-02827-FMO(AGRX)

Case 2f~17-cv-02827-FMO-„~R Document 65 Filed 11/14/17 r ,age 8 of 16 Page ID #:531

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute

2 ~ resolution process under Local Rule 37-1, et seq. Any discovery motion must
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strictly comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3.

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6.3

Burden. The burden of persuasion in any such challenge proceeding

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shall be on the Designating Party. Frivolous challenges, and those made for an

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improper purpose (e.g., to harass or impose unnecessary expenses and burdens on

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other parties) may expose the Challenging Party to sanctions. Unless the

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Designating Party has waived or withdrawn the confidentiality designation, all

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parties shall continue to afford the material in question the level of protection to

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which it is entitled under the Producing Party's designation until the Court rules on

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the challenge.

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7
.

13

ACCESS TO AND USE OF PROTECTED MATERIAL
7
.1

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

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

15

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

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

17

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

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Receiving Party must comply with the provisions of section 13 below (FINAL

19

DISPOSITION).

2
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Protected Material must be stored and maintained by a Receiving Party at a

21

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

22

authorized under this Order.

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7.2

Disclosure of "CONFIDENTIAL" Information or Items.

Unless

2
4

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

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Receiving

Party

may

disclose

any

information

or

item

designated

2 "
6
CONFIDENTIAL" only to:
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US.114847696.03
F AEGRE BAKEA

DnNtE[.s LLP
A TTORNEYS AT LAW

-7STIPULATED PROTECTIVE ORDER
CASE NO.2:17-CV-02827-FMO(AGRX)

Case 2f~17-cv-02827-FMO-..~R Document 65 Filed 11/14
/17 rage 9 of 16 Page ID #:532

(a)

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

2

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

3

necessary to disclose the information for this Action;

4

(
b)

5

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

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

6

(
c)

7

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

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

8 "
Acknowledgment and Agreement to Be Bound"(Exhibit A);
9

(
d)

the Court and its personnel;

10

(
e)

court reporters and their staff;

11

(
~

professional jury or trial consultants, mock jurors, and Professional

12 ~ Vendors to whom disclosure is reasonably necessary for this Action and who have
13

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

14

(
g)

15

the author or recipient of a document containing the information or a

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

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(
h)

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

17

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

18

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

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

2 "
0
Acknowledgment and Agreement to Be Bound" (Exhibit A), unless otherwise
21

agreed by the Designating Party or ordered by the Court. Pages of transcribed

22

deposition testimony or exhibits to depositions that reveal Protected Material may

23

be separately bound by the court reporter and may not be disclosed to anyone

24

except as permitted under this Stipulated Protective Order; and

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(
i)

2b

any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any ofthe parties engaged in settlement discussions.

27 '~
28
FAEGRE BAKE2

D.awsts LLP
A Ti(~RN EYS AT LAW

II

US.l 14847696. 3

O

STIPULATED PROTECTIVE ORDER
CASE NO.2:17-CV-02827-FMO(AGRX)

Case 2: ~7-cv-02827-FMO-,.~R Document 65 Filed 11/14/17 ~..~e 10 of 16 Page ID #:533

1 ' 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

2

PRODUCED IN OTHER LITIGATION

3

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

4

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

5 ~ "CONFIDENTIAL," that Party must:
6

(
a)

promptly notify in writing the Designating Party. Such notification

7 ~ shall include a copy ofthe subpoena or court order;
8

(
b)

promptly notify in writing the party who caused the subpoena or order

9

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

10

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

11

a copy of this Stipulated Protective Order; and

12
13

(
c)

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.

14

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

15

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

16

action as "CONFIDENTIAL" before a determination by the court from which the

17

subpoena or order issued, unless the Party has obtained the Designating Party's

18

permission. The Designating Party shall bear the burden and expense of seeking

19

protection in that court of its confidential material and nothing in these provisions

2
0

should be construed as authorizing or encouraging a Receiving Party in this Action

21

to disobey a lawful directive from another court.

22

9.

23

ANON-PARTY' PROTECTED MATERIAL SOUGHT TO BE
S
PRODUCED IN THIS LITIGATION

4
2

(
a)

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

25

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

2
6

produced by Non-Parties in connection with this litigation is protected by the

27

remedies and relief provided by this Order. Nothing in these provisions should be

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U5.1
F AEGRE BAKER

DnN~er.s LLP
A TTORNEYS AT LAW

STIPULATED PROTECTIVE ORDER
CASE NO.2:17-CV-02827-FMO(AGRX)

Case 2:~7-cv-02827-FMO-ti~r~ Document 65 Filed 11/14/17 Pure 11 of 16 Page ID #:534

construed as prohibiting allon-Party from seeking additional protections.
(
b)

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

produce allon-Party's confidential information in its possession, and the Party is
~ subject to an agreement with the Non-Party not to produce the Non-Party's
confidential information, then the Party shall:
6

( promptly notify in writing the Requesting Party and the Non1)

7

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

8

agreement with allon-Party;

9

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

10

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

11

specific description ofthe information requested; and

12
13

( make the information requested available for inspection by the
3)
Non-Party, if requested.

14

(
c)

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

15

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

16

may produce the Non-Party's confidential information responsive to the discovery

17

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

18

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

19

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

2
0

Absent a court order to the contrary, the Non-Party shall bear the burden and

21

expense of seeking protection in this Court of its Protected Material.

22

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

23

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

4
2

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

25

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

2
6

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

27

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

28
F necaeBnKerz
DANIELS LLP
A TTORNEYS AT LA W

II US.114847696.03

- 1~

STIPULATED PROTECTIVE ORDER
CASE NO. 2:17-CV-02827-FMO(AGRX)

Case 2:~7-cv-02827-FMO-.,~R Document 65 Filed 11/14/17 ~ use 12 of 16 Page ID #:535

1 ~ person or persons to whom unauthorized disclosures were made of all the terms of
2

this Order, and(d)request such person or persons to execute the "Acknowledgment

3

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

4 ~ 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

5

PROTECTED MATERIAL

6

When a Producing Party gives notice to Receiving Parties that certain

7

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

8

protection, the obligations of the Receiving Parties are those set forth in Federal

9

Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

10

whatever procedure may be established in an e-discovery order that provides for

11

production without prior privilege review. Pursuant to Federal Rule of Evidence

12

502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

13

of a communication or information covered by the attorney-client privilege or work

14

product protection, the parties may incorporate their agreement in the stipulated

15

protective order submitted to the court.

16

12.

MISCELLANEOUS

17
18

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.

19

12.2 Right to Assert Other Objections. By stipulating to the entry of this

2
0

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

21

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

22

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

23

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

24

Order.

25

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

2
6

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

27

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

28
US.114847696.03
FAEGRE BAKER

DgN~ecs LLP
A TTORNEYS AT LAW

-11STIPULATED PROTECTIVE ORDER
CASE NO.2:17-CV-02827-FMO(AGRX)

Case 2:x.7-cv-02827-FMO-ti~R Document 65 Filed 11/14/17 Page 13 of 16 Page ID #:536

1

specific Protected Material at issue; good cause must be shown in the request to file

2 ~ under seal. If a Party's request to file Protected Material under seal is denied by the
3

Court, then the Receiving Party may file the information in the public record unless

4

otherwise instructed by the Court.

5

13.

FINAL DISPOSITION

6

After the final disposition of this Action, within 60 days of a written request

7

by the Designating Party, each Receiving Pariy must return all Protected Material to

8

the Producing Party or destroy such material. As used in this subdivision, "all

9

Protected Material" includes all copies, abstracts, compilations, summaries, and any

10

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

11

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

12

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

13

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

14

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

15

affirms that the Receiving Party has not retained any copies, abstracts,

16

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

17

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

18

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

19

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

2
0

reports, attorney work product, and consultant and expert work product, even if

21

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

22

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

23

Section 4.

2
4

14.

25

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

2
6

sanctions.

27

///

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

28
US.I
FAEGRE BAKER
D ANIELS LLP
A TTORNEYS AT LAW

-12STIPULATED PROTECTIVE ORDER
CASE NO. 2:17-CV-02827-FMO(AGRX)

Case 2:~7-cv-02827-FMO-ti~R Document 65 Filed 11/14/17 Page 14 of 16 Page ID #:537

IT IS SO STIPULATED,THROUGH COUNSEL OF RECORD.

1

2
3 ~ DATED: November 14, 2017
4
/
s/Michael J. Shilub
MICHAEL J. SHILUB
6 Attorneys for Plaintiff WEI WENG
5

7
8 ~ DATED: November 14, 2017
9
/ I~acharaesorn Vivacharawon se
s/

10

ONGSE
GUY R. GRUPPIE
KELSEY L. MAXWELL
Attorneys for Defendants AZIMIJT-BENETTI S.p.A.
and MARINEMAX,INC.

11
12
13

~ DATED: November 14, 2017
14
15

/
s/Amanda Semaan
A
16 AMANDA SEMAAN
Attorneys for Defendant CUMNIlNS INC.
17
18
ATTESTATION
19
I attest that all other signatories listed, and on whose behalf the filing is

2
0

submitted, concur in the filing's content and have authorized the filing.

21
22

DATED: November 14, 2017

/s/Amanda Semaan
Amanda Semaan

23
2
4
25

~~~
iii

2
6

///

27

~~~

s, i~ SO ORDERED.
~~
~~~~~ED: ►~ ao aoi ~
C,c.a.
~ i` ~? ~~ STATES P IP, ISTRATE 1U
~

~

28
F AEGRE BAKER

Da.N~eLs LLP
A TTORNEYS AT LAW

II

US.114847696.03

- I3 -

STIPULATED PROTECTIVE ORDER
CASE NO. 2:17-CV-02827-FMO (AGRX)

Case 2:~7-cv-02827-FMO-~.~R Document 65 Filed 11/14/17 huge 16 of 16 Page ID #:539

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

5

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

6

Order that was issued by the United States District Court for the Central District of

7

California on [date] in the case of Wei Weng v. MarineMaac, Inc., et al., Case No.

8

2
:17-cv-02827-FMO (AGE). I agree to comply with and to be bound by all the

9

terms of this Stipulated Protective Order and I understand and acknowledge that

10

f
ailure to so comply could expose me to sanctions and punishment in the nature of

11

contempt. I solemnly promise that I will not disclose in any manner any

12

information or item that is subject to this Stipulated Protective Order to any person

13

or entity except in strict compliance with the provisions of this Order.

14

I further agree to submit to the jurisdiction of the United States District Court

15

f the Central District of California for the purpose of enforcing the terms of this
or

16

Stipulated Protective Order, even if such enforcement proceedings occur after

17

termination of this action. I hereby appoint

18 [
print or type full name] of

[print or type full

19

address and telephone number] as my California agent for service of process in

20

connection with this action or any proceedings related to enforcement of this

21

Stipulated Protective Order.

22

Date:

23

City and State where sworn and signed:

2
4
25

Printed name:

26

Signature:

27
28
US.11
F AEGRE BAKER

Dnt~liEtS LLP
A TTORNEYS AT LAW

-15STIPULATED PROTECTIVE ORDER
CASE NO. 2:17-CV-02827-FMO(AGRX)