New Amsterdam Coffee and Tea Co., LLC et al v. Dady et al

Filing 13

STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver. Discovery in this action is likely to involve production of confidential, proprietary or private information for which special protection from public disclosure and from use for an y purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. 12 (SEE ORDER FOR FURTHER INFORMATION) (gr) Modified on 6/2/2017 (gr).

1 LOUIS R. MILLER (State Bar No. 54141)
[e-mail]
2 BRIAN A. PROCEL (State Bar No. 218657)
3 [e-mail]
DAVID W. SCHECTER (State Bar No. 296251)
4 [e-mail]
5 MILLER BARONDESS, LLP
1999 Avenue of the Stars, Suite 1000
6 Los Angeles, California 90067
Telephone: [phone]
7 Facsimile: [phone]
8
Attorneys for Plaintiffs
9
UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
11
NEW AMSTERDAM COFFEE & TEA CASE NO. 2:17-cv-03130-GW (RAO)
12 CO., LLC, a Delaware limited liability
STIPULATED PROTECTIVE
13 company; JENMAX ENTERPRISES,
LLC, a California limited liability
ORDER
14 company; NACT MANAGEMENT
15 COMPANY, LLC, a Delaware limited
liability company; NACT SOUTHERN
16 CONNECTICUT, LLC, a Delaware
limited liability company; NACT
17 NORTHERN NEW JERSEY, LLC, a
18 Delaware limited liability company;
NACT BOROUGHS, LLC, a Delaware
19 limited liability company; IRA
20 SMEDRA, an individual; and
JEFFREY SRULOWITZ, an individual,
21
Plaintiffs,
22
v.

23

24 J. MICHAEL DADY, an individual;
25 DADY & GARDNER, P.A., a
professional association; and DOES 126 10, inclusive,
27

Defendants.

28
342607.1

Case No. 2:17-cv-03130-GW (RAO)
STIPULATED PROTECTIVE ORDER

1 1.

A. Purposes and Limitations

2

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

3 proprietary or private information for which special protection from public
4 disclosure and from use for any purpose other than prosecuting this litigation may
5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6 enter the following Stipulated Protective Order. The parties acknowledge that this
7 Order does not confer blanket protections on all disclosures or responses to
8 discovery and that the protection it affords from public disclosure and use extends
9 only to the limited information or items that are entitled to confidential treatment
10 under the applicable legal principles.
11

B. Good Cause Statement

12

This action is likely to involve information that is otherwise protected by

13 confidentiality agreements and constitutes valuable commercial, financial and/or
14 proprietary information for which special protection from public disclosure and
15 from use for any purpose other than prosecution of this action is warranted. In
16 addition, this action is likely to involve personal health information that is otherwise
17 confidential and private. Accordingly, to expedite the flow of information, to
18 facilitate the prompt resolution of disputes over confidentiality of discovery
19 materials, to adequately protect information the parties are entitled to keep
20 confidential, to ensure that the parties are permitted reasonable necessary uses of
21 such material in preparation for and in the conduct of trial, to address their handling
22 at the end of the litigation, and serve the ends of justice, a protective order for such
23 information is justified in this matter. It is the intent of the parties that information
24 will not be designated as confidential for tactical reasons and that nothing be so
25 designated without a good faith belief that it has been maintained in a confidential,
26 non-public manner, and there is good cause why it should not be part of the public
27 record of this case.
28 / / /
342607.1

2
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

1

C. Acknowledgment of Procedure for Filing Under Seal

2

The parties further acknowledge, as set forth in Section 12.3, below, that this

3 Stipulated Protective Order does not entitle them to file confidential information
4 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
5 and the standards that will be applied when a party seeks permission from the court
6 to file material under seal. There is a strong presumption that the public has a right
7 of access to judicial proceedings and records in civil cases. In connection with non8 dispositive motions, good cause must be shown to support a filing under seal. See
9 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),
10 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar11 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even
12 stipulated protective orders require good cause showing), and a specific showing of
13 good cause or compelling reasons with proper evidentiary support and legal
14 justification, must be made with respect to Protected Material that a party seeks to
15 file under seal. The parties’ mere designation of Disclosure or Discovery Material
16 as CONFIDENTIAL does not—without the submission of competent evidence by
17 declaration, establishing that the material sought to be filed under seal qualifies as
18 confidential, privileged, or otherwise protectable—constitute good cause. Further, if
19 a party requests sealing related to a dispositive motion or trial, then compelling
20 reasons, not only good cause, for the sealing must be shown, and the relief sought
21 shall be narrowly tailored to serve the specific interest to be protected. See Pintos v.
22 Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or
23 type of information, document, or thing sought to be filed or introduced under seal
24 in connection with a dispositive motion or trial, the party seeking protection must
25 articulate compelling reasons, supported by specific facts and legal justification, for
26 the requested sealing order. Again, competent evidence supporting the application
27 to file documents under seal must be provided by declaration.
28

Any document that is not confidential, privileged, or otherwise protectable in
342607.1

3
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

1 its entirety will not be filed under seal if the confidential portions can be redacted.
2 If documents can be redacted, then a redacted version for public viewing, omitting
3 only the confidential, privileged, or otherwise protectable portions of the document,
4 shall be filed. Any application that seeks to file documents under seal in their
5 entirety should include an explanation of why redaction is not feasible.
6 2.

Definitions

7

2.1

Action: The above-captioned action.

8

2.2

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

9 designation of information or items under this Order.
10

2.3

“CONFIDENTIAL” Information or Items: information (regardless of

11 how it is generated, stored or maintained) or tangible things that qualify for
12 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
13 the Good Cause Statement.
14

2.4

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

15 their support staff).
16

2.5

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

17 items that it produces in disclosures or in responses to discovery as
18 “CONFIDENTIAL.”
19

2.6

Disclosure or Discovery Material: all items or information, regardless

20 of the medium or manner in which it is generated, stored, or maintained (including,
21 among other things, testimony, transcripts, and tangible things), that are produced or
22 generated in disclosures or responses to discovery in this matter.
23

2.7

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

24 pertinent to the litigation who has been retained by a Party or its counsel to serve as
25 an expert witness or as a consultant in this Action.
26

2.8

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

27 House Counsel does not include Outside Counsel of Record or any other outside
28 counsel.
342607.1

4
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

1

2.9

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

2 other legal entity not named as a Party to this action.
3

2.10 Outside Counsel of Record: attorneys who are not employees of a

4 party to this Action but are retained to represent or advise a party to this Action and
5 have appeared in this Action on behalf of that party or are affiliated with a law firm
6 that has appeared on behalf of that party, and includes support staff.
7

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

8 employees, consultants, retained experts, and Outside Counsel of Record (and their
9 support staffs).
10

2.12 Producing Party: a Party or Non-Party that produces Disclosure or

11 Discovery Material in this Action.
12

2.13 Professional Vendors: persons or entities that provide litigation

13 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
14 demonstrations, and organizing, storing, or retrieving data in any form or medium)
15 and their employees and subcontractors.
16

2.14 Protected Material: any Disclosure or Discovery Material that is

17 designated as “CONFIDENTIAL.”
18

2.15 Receiving Party:

a Party that receives Disclosure or Discovery

19 Material from a Producing Party.
20 3.

Scope

21

The protections conferred by this Stipulated Protective Order cover not only

22 Protected Material (as defined above), but also (1) any information copied or
23 extracted from Protected Material; (2) all copies, excerpts, summaries, or
24 compilations of Protected Material; and (3) any testimony, conversations, or
25 presentations by Parties or their Counsel that might reveal Protected Material. Any
26 use of Protected Material at trial shall be governed by the orders of the trial judge.
27 This Order does not govern the use of Protected Material at trial.
28 / / /
342607.1

5
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

1 4.

Duration

2

Once a case proceeds to trial, information that was designated as

3 CONFIDENTIAL or maintained pursuant to this Stipulated Protective Order used or
4 introduced as an exhibit at trial becomes public and will be presumptively available
5 to all members of the public, including the press, unless compelling reasons
6 supported by specific factual findings to proceed otherwise are made to the trial
7 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing
8 “good cause” showing for sealing documents produced in discovery from
9 “compelling reasons” standard when merits-related documents are part of court
10 record). Accordingly, the terms of this Stipulated Protective Order do not extend
11 beyond the commencement of the trial.
12 5.

Designating Protected Material

13

5.1

Exercise of Restraint and Care in Designating Material for Protection.

14 Each Party or Non-Party that designates information or items for protection under
15 this Order must take care to limit any such designation to specific material that
16 qualifies under the appropriate standards. The Designating Party must designate for
17 protection only those parts of material, documents, items or oral or written
18 communications that qualify so that other portions of the material, documents, items
19 or communications for which protection is not warranted are not swept unjustifiably
20 within the ambit of this Order. Mass, indiscriminate or routinized designations are
21 prohibited. Designations that are shown to be clearly unjustified or that have been
22 made for an improper purpose (e.g., to unnecessarily encumber the case
23 development process or to impose unnecessary expenses and burdens on other
24 parties) may expose the Designating Party to sanctions.
25

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

26 designated for protection do not qualify for protection, that Designating Party must
27 promptly notify all other Parties that it is withdrawing the inapplicable designation.
28

5.2
342607.1

Manner and Timing of Designations. Except as otherwise provided in
6
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

1 this Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a)
2 below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that
3 qualifies for protection under this Order must be clearly so designated before the
4 material is disclosed or produced. Designation in conformity with this Order
5 requires:
6

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

7 but excluding transcripts of depositions or other pretrial or trial proceedings), that
8 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
9 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
10 portion of the material on a page qualifies for protection, the Producing Party also
11 must clearly identify the protected portion(s) (e.g., by making appropriate markings
12 in the margins). A Party or Non-Party that makes original documents available for
13 inspection need not designate them for protection until after the inspecting Party has
14 indicated which documents it would like copied and produced. During the
15 inspection and before the designation, all of the material made available for
16 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
17 identified the documents it wants copied and produced, the Producing Party must
18 determine which documents, or portions thereof, qualify for protection under this
19 Order. Then, before producing the specified documents, the Producing Party must
20 affix the “CONFIDENTIAL legend” to each page that contains Protected Material.
21 If only a portion of the material on a page qualifies for protection, the Producing
22 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
23 markings in the margins).
24

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

25 Disclosure or Discovery Material on the record, before the close of the deposition all
26 protected testimony.
27

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

28 any other tangible items, that the Producing Party affix in a prominent place on the
342607.1

7
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

1 exterior of the container or containers in which the information is stored the legend
2 “CONFIDENTIAL.” If only a portion or portions of the information warrants
3 protection, the Producing Party, to the extent practicable, shall identify the protected
4 portion(s).
5

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

6 failure to designate qualified information or items does not, standing alone, waive
7 the Designating Party’s right to secure protection under this Order for such material.
8 Upon timely correction of a designation, the Receiving Party must make reasonable
9 efforts to assure that the material is treated in accordance with the provisions of this
10 Order.
11 6.

Challenging Confidentiality Designations

12

6.1

Timing of Challenges. Any Party or Non-Party may challenge a

13 designation of confidentiality at any time that is consistent with the Court’s
14 Scheduling Order.
15

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

16 resolution process under Local Rule 37.1 et seq.
17

6.3

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

18 the Designating Party. Frivolous challenges, and those made for an improper
19 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
20 parties) may expose the Challenging Party to sanctions. Unless the Designating
21 Party has waived or withdrawn the confidentiality designation, all parties shall
22 continue to afford the material in question the level of protection to which it is
23 entitled under the Producing Party’s designation until the Court rules on the
24 challenge.
25 7.

Access to and Use of Protected Material

26

7.1

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

27 disclosed or produced by another Party or by a Non-Party in connection with this
28 Action only for prosecuting, defending or attempting to settle this Action. Such
342607.1

8
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

1 Protected Material may be disclosed only to the categories of persons and under the
2 conditions described in this Order. When the Action has been terminated, a
3 Receiving Party must comply with the provisions of section 13 below (FINAL
4 DISPOSITION).
5

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

6 location and in a secure manner that ensures that access is limited to the persons
7 authorized under this Order.
8

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

9 otherwise ordered by the Court or permitted in writing by the Designating Party, a
10 Receiving Party may disclose any information or item designated
11 “CONFIDENTIAL” only to:
12

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

13 employees of said Outside Counsel of Record to whom it is reasonably necessary to
14 disclose the information for this Action;
15

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

16 Receiving Party to whom disclosure is reasonably necessary for this Action;
17

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

18 disclosure is reasonably necessary for this Action and who have signed the
19 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
20

(d) the court and its personnel;

21

(e) court reporters and their staff;

22

(f) professional jury or trial consultants, mock jurors, and Professional

23 Vendors to whom disclosure is reasonably necessary for this Action and who have
24 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
25

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

26 custodian or other person who otherwise possessed or knew the information;
27

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

28 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
342607.1

9
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

1 requests that the witness sign the form attached as Exhibit A hereto; and (2) they
2 will not be permitted to keep any confidential information unless they sign the
3 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
4 agreed by the Designating Party or ordered by the court. Pages of transcribed
5 deposition testimony or exhibits to depositions that reveal Protected Material may
6 be separately bound by the court reporter and may not be disclosed to anyone except
7 as permitted under this Stipulated Protective Order; and
8

(i) any mediator or settlement officer, and their supporting personnel,

9 mutually agreed upon by any of the parties engaged in settlement discussions.
10 8.

Protected Material Subpoenaed or Ordered Produced in Other

11

Litigation

12

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

13 that compels disclosure of any information or items designated in this Action as
14 “CONFIDENTIAL,” that Party must:
15

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

16 include a copy of the subpoena or court order;
17

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

18 issue in the other litigation that some or all of the material covered by the subpoena
19 or order is subject to this Protective Order. Such notification shall include a copy of
20 this Stipulated Protective Order; and
21

(c) cooperate with respect to all reasonable procedures sought to be pursued

22 by the Designating Party whose Protected Material may be affected.
23

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

24 the subpoena or court order shall not produce any information designated in this
25 action as “CONFIDENTIAL” before a determination by the court from which the
26 subpoena or order issued, unless the Party has obtained the Designating Party’s
27 permission. The Designating Party shall bear the burden and expense of seeking
28 protection in that court of its confidential material and nothing in these provisions
342607.1

10
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

1 should be construed as authorizing or encouraging a Receiving Party in this Action
2 to disobey a lawful directive from another court.
3 9.

A Non-Party’s Protected Material Sought to be Produced in This

4

Litigation

5

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

6 Party in this Action and designated as “CONFIDENTIAL.” Such information
7 produced by Non-Parties in connection with this litigation is protected by the
8 remedies and relief provided by this Order. Nothing in these provisions should be
9 construed as prohibiting a Non-Party from seeking additional protections.
10

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

11 produce a Non-Party’s confidential information in its possession, and the Party is
12 subject to an agreement with the Non-Party not to produce the Non-Party’s
13 confidential information, then the Party shall: (1) promptly notify in writing the
14 Requesting Party and the Non-Party that some or all of the information requested is
15 subject to a confidentiality agreement with a Non-Party; (2) promptly provide the
16 Non-Party with a copy of the Stipulated Protective Order in this Action, the relevant
17 discovery request(s), and a reasonably specific description of the information
18 requested; and (3) make the information requested available for inspection by the
19 Non-Party, if requested.
20

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

21 days of receiving the notice and accompanying information, the Receiving Party
22 may produce the Non-Party’s confidential information responsive to the discovery
23 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
24 not produce any information in its possession or control that is subject to the
25 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
27 expense of seeking protection in this court of its Protected Material.
28 / / /
342607.1

11
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

1 10.

Unauthorized Disclosure of Protected Material

2

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

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 Protected Material

11

When a Producing Party gives notice to Receiving Parties that certain

12 inadvertently produced material is subject to a claim of privilege or other protection,
13 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
14 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
15 may be established in an e-discovery order that provides for production without
16 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
17 as the parties reach an agreement on the effect of disclosure of a communication or
18 information covered by the attorney-client privilege or work product protection, the
19 parties may incorporate their agreement in the stipulated protective order submitted
20 to the court.
21 12.

Miscellaneous

22

12.1 Right to Further Relief. Nothing in this Order abridges the right of any

23 person to seek its modification by the Court in the future.
24

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

25 Protective Order, no Party waives any right it otherwise would have to object to
26 disclosing or producing any information or item on any ground not addressed in this
27 Stipulated Protective Order. Similarly, no Party waives any right to object on any
28 ground to use in evidence of any of the material covered by this Stipulated
342607.1

12
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

1 Protective Order.
2

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

3 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
4 only be filed under seal pursuant to a court order authorizing the sealing of the
5 specific Protected Material at issue. If a Party’s request to file Protected Material
6 under seal is denied by the court, then the Receiving Party may file the information
7 in the public record unless otherwise instructed by the court.
8 13.

Final Disposition

9

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

10 days of a written request by the Designating Party, each Receiving Party must return
11 all Protected Material to the Producing Party or destroy such material. As used in
12 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
13 summaries, and any other format reproducing or capturing any of the Protected
14 Material. Whether the Protected Material is returned or destroyed, the Receiving
15 Party must submit a written certification to the Producing Party (and, if not the same
16 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
17 (by category, where appropriate) all the Protected Material that was returned or
18 destroyed and (2) affirms that the Receiving Party has not retained any copies,
19 abstracts, compilations, summaries or any other format reproducing or capturing any
20 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
21 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
22 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
23 reports, attorney work product, and consultant and expert work product, even if such
24 materials contain Protected Material. Any such archival copies that contain or
25 constitute Protected Material remain subject to this Protective Order as set forth in
26 Section 4 (DURATION).
27 14.

Violation

28

Any violation of this Order may be punished by appropriate measures
342607.1

13
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

1 including, without limitation, contempt proceedings and/or monetary sanctions.
2

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD

3
4 DATED: June 2, 2017

MILLER BARONDESS, LLP

5
6
By:

7
8
9

DATED: June 2, 2017

/s/ David W. Schecter
DAVID W. SCHECTER
Attorneys for Plaintiffs

GORDON & REES LLP

10
11
12

By:

13
14
15
16
17

/s/ Christopher R. Wagner
Peter Schwartz
David L. Jones
Christopher R. Wagner
Connie K. Chang
Attorneys for Defendants
J. MICHAEL DADY and DADY &
GARDNER, P.A.

18
19

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

20
21

DATED:

June 2, 2017

22
23 HON. ROZELLA A. OLIVER
24 United States Magistrate Judge
25
26
27
28
342607.1

14
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4 I, _____________________________ [print or type full name], of
5 _________________ [print or type full address], declare under penalty of perjury
6 that I have read in its entirety and understand the Stipulated Protective Order that
7 was issued by the United States District Court for the Central District of California
8 on _____ in the case of New Amsterdam Coffee & Tea Co., LLC, et al. v. J. Michael
9 Dady, et al., Case No. 2:17-cv-03130-GW (RAO). I agree to comply with and to be
10 bound by all the terms of this Stipulated Protective Order and I understand and
11 acknowledge that failure to so comply could expose me to sanctions and punishment
12 in the nature of contempt. I solemnly promise that I will not disclose in any manner
13 any information or item that is subject to this Stipulated Protective Order to any
14 person or entity except in strict compliance with the provisions of this Order. I
15 further agree to submit to the jurisdiction of the United States District Court for the
16 Central District of California for enforcing the terms of this Stipulated Protective
17 Order, even if such enforcement proceedings occur after termination of this action. I
18 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 Signature: __________________________________
27
28

1133899/33106786v.1

342607.1

15
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

CERTIFICATE OF SERVICE

1

2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
At the time of service, I was over 18 years of age and not a party to this
action. I am employed in the County of Los Angeles, State of California. My
4 business address is 1999 Avenue of the Stars, Suite 1000, Los Angeles, CA 90067.
3

5
6
7

as:

On June 2, 2017, I served true copies of the following document(s) described

STIPULATED AND PROTECTIVE ORDER
on the interested parties in this action as follows:

8

SEE ATTACHED SERVICE LIST

9

BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed
the document(s) with the Clerk of the Court by using the CM/ECF system.
10
Participants in the case who are registered CM/ECF users will be served by the
11 CM/ECF system. Participants in the case who are not registered CM/ECF users will
be served by mail or by other means permitted by the court rules.
12
I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct and that I am employed in the office
13
of a member of the bar of this Court at whose direction the service was made.
14
Executed on June 2, 2017, at Los Angeles, California.
15
16

/s/ Julie A. Sorotsky

17

Julie A. Sorotsky

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STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)

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SERVICE LIST

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New Amsterdam Coffee & Tea Co., LLC, et al. v. J. Michael Dady, et al.
USDC Case No. 2:17-cv-03130-GW (RAOx)

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4 Christopher Wagner
Connie Change
5 GORDON & REES LLP
633 West Fifth Street, 52nd Floor
6 Los Angeles, CA 90071
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Attorneys for Defendants
J. MICHAEL DADY and DADY &
GARDNER, P.A.
Tel.:
Fax:
Email:
Email:

[phone]
[phone]
[e-mail]
[e-mail]

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STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-03130-GW (RAO)