Zola Mashariki v. Viacom, Inc. et al

Filing 45

PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Stipulation for Protective Order 43 . (See document for complete details) (afe)

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

Felicia Medina (SBN 255804)
[e-mail]
Jennifer Orthwein (SBN 255196)
[e-mail]
MEDINA ORTHWEIN LLP
1322 Webster Street, #200
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
ZOLA MASHARIKI
ELENA R. BACA (SB# 160564)
[e-mail]
RYAN D. DERRY (SB# 244337)
[e-mail]
PAUL HASTINGS LLP
515 South Flower Street, 25th Floor
Los Angeles, CA 90071-2228
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
VIACOM INC., BLACK ENTERTAINMENT
TELEVISION, LLC, and STEPHEN HILL
[Attorneys for Plaintiff continued on next page]

16
17

UNITED STATES DISTRICT COURT

18

CENTRAL DISTRICT OF CALIFORNIA

19
20

23
24
25

STIPULATED PROTECTIVE
ORDER REGARDING
CONFIDENTIAL INFORMATION

Plaintiff,

21
22

CASE NO. 2:17-cv-03366 PSG (ASx)

ZOLA MASHARIKI,

vs.
VIACOM INC.; BLACK
ENTERTAINMENT TELEVISION,
LLC; and STEPHEN HILL,

Judge:

Hon. Philip S. Gutierrez

Defendants.

26
27
28
-1LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1
2
3
4
5
6
7

Xinying Valerian (SBN 254890)
[e-mail]
Kevin Love Hubbard (SBN 290759)
[e-mail]
SANFORD HEISLER SHARP, LLP
111 Sutter Street, Suite 975
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
ZOLA MASHARIKI

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1
2

1.

A. PURPOSES AND LIMITATIONS
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

Stipulated Protective Order does not confer blanket protections on all disclosures or

8

responses to discovery and that the protection it affords from public disclosure and

9

use extends only to the limited information or items that are entitled to confidential

10

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

11

set forth in Section 12.3, below, that this Stipulated Protective Order does not

12

entitle them to file confidential information under seal; Civil Local Rule 79-5 sets

13

forth the procedures that must be followed and the standards that will be applied

14

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

15

B. GOOD CAUSE STATEMENT

16

This action is likely to involve ratings and other valuable research,

17

development, commercial, financial and/or proprietary information for which

18

special protection from public disclosure and from use for any purpose other than

19

prosecution of this action is warranted. Such confidential and proprietary materials

20

and information consist of, among other things, confidential business or financial

21

information, information regarding confidential business strategies and practices, or

22

other confidential research, development, or confidential personnel information

23

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

24

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

25

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

26

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

27

facilitate the prompt resolution of disputes over confidentiality of discovery

28

materials, to adequately protect information the parties are entitled to keep
-3LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1

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

2

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

3

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

4

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

5

will not be designated pursuant to this Stipulated Protective Order for tactical

6

reasons and that nothing be so designated without a good faith belief that it has

7

been maintained in a confidential, non-public manner, and there is good cause why

8

it should not be part of the public record of this case.

9

2.

10
11
12
13
14

DEFINITIONS
2.1.

Action: this pending federal law suit entitled Mashariki v. Viacom

Inc., et al., Case No. 2:17-cv-03366 PSG-AS.
2.2.

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

designation of information or items under this Stipulated Protective Order.
2.3.

“CONFIDENTIAL” Information or Items: information (regardless of

15

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

16

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

17

the Good Cause Statement.

18
19
20

2.4.

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

their support staff).
2.5.

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

21

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

22

“CONFIDENTIAL.”

23

2.6.

Disclosure or Discovery Material: all items or information, regardless

24

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

25

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

26

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

27
28

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
-4LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1

an expert witness or as a consultant in this Action.
2.8.

2

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

3

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

4

counsel.

5
6

2.9.

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

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

7

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

8

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

9

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

10

which has appeared on behalf of that party, and includes support staff.

11

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

12

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

13

support staffs).

14
15

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

16

2.13. Professional Vendors: persons or entities that provide litigation

17

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

18

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

19

and their employees and subcontractors.

20
21

2.14. Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”

22

2.15. Receiving Party: a Party that receives Disclosure or Discovery

23

Material from a Producing Party.

24

3.

25

SCOPE
The protections conferred by this Stipulated Protective Order cover not only

26

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

27

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

28
-5LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1

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

2

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

3

Any use of Protected Material at trial shall be governed by the orders of the

4

trial judge. This Stipulated Protective Order does not govern the use of Protected

5

Material at trial.

6

4.

7

DURATION
Once a case proceeds to trial, all of the information that was designated as

8

confidential or maintained pursuant to this protective order becomes public and will

9

be presumptively available to all members of the public, including the press, unless

10

compelling reasons supported by specific factual findings to proceed otherwise are

11

made to the trial judge in advance of the trial. See Kamakana v. City and County of

12

Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”

13

showing for sealing documents produced in discovery from “compelling reasons”

14

standard when merits-related documents are part of court record). Accordingly, the

15

terms of this protective order do not extend beyond the commencement of the trial.

16

5.

17

DESIGNATING PROTECTED MATERIAL
5.1.

Exercise of Restraint and Care in Designating Material for Protection.

18

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

19

this Stipulated Protective Order must take care to limit any such designation to

20

specific material that qualifies under the appropriate standards. The Designating

21

Party must designate for protection only those parts of material, documents, items,

22

or oral or written communications that qualify, as to any CONFIDENTIAL

23

designation, so that other portions of the material, documents, items, or

24

communications for which protection is not warranted are not swept unjustifiably

25

within the ambit of this Order.

26

Mass, indiscriminate, or routinized designations are prohibited. Designations

27

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

28

purpose (e.g., to unnecessarily encumber the case development process or to
-6LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1

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

2

Designating Party to sanctions.

3

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

4

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

5

promptly notify all other Parties that it is withdrawing the inapplicable designation.
5.2.

6

Manner and Timing of Designations. 1 Except as otherwise provided in

7

this Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a)

8

below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that

9

qualifies for protection under this Stipulated Protective Order must be clearly so

10

designated before the material is disclosed or produced.

11

Designation in conformity with this Stipulated Protective Order requires:

12

(a)

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

13

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

14

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

15

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

16

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

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

20

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

21

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

22
23
24
25
26
27
28

1

To the extent either Party believes that discovery calls for the production of
CONFIDENTIAL INFORMATION: (i) to which the Receiving Party has not
generally had access; and (ii) the disclosure of which to another Party or a NonParty would create a substantial risk of serious harm that could not be avoided by
less restrictive means the Designating Party will inform the Receiving Party of the
existence of such information or items and that an “ATTORNEYS ONLY”
designation is required. If the Parties agree that the information or items should be
provided additional protection through an ATTORNEYS ONLY designation, the
Parties will submit a stipulated amendment to this Stipulated Protective Order,
adding terms related to the designation and treatment of ATTORNEYS ONLY
Information or Items during the course of this litigation. If the Parties are unable to
agree, the Parties will submit the matter to the Court for determination.
-7LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1

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

2

deemed “CONFIDENTIAL.” After the inspecting Party has identified the

3

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

4

which documents, or portions thereof, qualify for protection under this Stipulated

5

Protective Order. Then, before producing the specified documents, the Producing

6

Party must affix the “CONFIDENTIAL legend” to each page that contains

7

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

8

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

9

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

10

for testimony given in depositions that the Designating Party

11

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

12

the deposition all protected testimony; or (ii) by written notice to the court reporter

13

and all counsel of record, given within ten (10) days after the transcript is received

14

by the witness or his counsel or by any Party or its Counsel, in which case all

15

counsel receiving such notice shall be responsible for marking the copies of the

16

designated transcript in their possession or under their control as directed by the

17

Designating Party.
(c)

18

for information produced in some form other than documentary

19

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

20

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

21

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

22

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

23

protected portion(s).

24

5.3.

Each Party may retroactively designate, as Protected Material, (1) any

25

information obtained or received by another Party from a Non-Party person or

26

entity if the Designating Party believes the information was unlawfully obtained or

27

received by the Non-Party person or entity; and (2) information maintained or

28

received by a Party’s present or prior vendors, if it is produced by a Party or vendor
-8LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1

in this litigation. A Party choosing to designate received or produced information

2

as CONFIDENTIAL must do so in writing within fifteen (15) business days of

3

receipt of the information that is that subject of the designation.

4

5.4.

Inadvertent Failures to Designate. If timely corrected, an inadvertent

5

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

6

the Designating Party’s right to secure protection under this Stipulated Protective

7

Order for such material. Upon timely correction of a designation, the Receiving

8

Party must make reasonable efforts to assure that the material is treated in

9

accordance with the provisions of this Stipulated Protective Order.

10

6.

11

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1.

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

12

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

13

Scheduling Order.

14
15

6.2.

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.

16

6.3.

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

17

the Designating Party. Frivolous challenges, and those made for an improper

18

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

19

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

20

Party has waived or withdrawn the confidentiality designation, all parties shall

21

continue to afford the material in question the level of protection to which it is

22

entitled under the Producing Party’s designation until the Court rules on the

23

challenge.

24

7.

25

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1.

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

26

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

27

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

28

Protected Material may be disclosed only to the categories of persons and under the
-9LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1

conditions described in this Stipulated Protective Order. When the Action has been

2

terminated, a Receiving Party must comply with the provisions of section 13 below

3

(FINAL DISPOSITION).

4

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

5

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

6

authorized under this Stipulated Protective Order.

7

7.2.

Disclosure of “CONFIDENTIAL” Information or Items. Unless

8

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

9

Receiving Party may disclose any information or item designated

10

“CONFIDENTIAL” only to:

11

(a)

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

12

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

13

necessary to disclose the information for this Action;

14

(b)

the officers, directors, and employees (including House

15

Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this

16

Action;

17

(c)

Experts (as defined in this Stipulated Protective Order) of the

18

Receiving Party to whom disclosure is reasonably necessary for this Action and

19

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

20

(d)

the court and its personnel;

21

(e)

court reporters and their staff for this Action who have signed

22

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

23

(f)

professional jury or trial consultants, mock jurors, and

24

Professional Vendors to whom disclosure is reasonably necessary for this Action

25

and who have signed the “Acknowledgment and Agreement to Be Bound”

26

(Exhibit A);

27
28

(g)

the author or recipient of a document containing the information

or a custodian or other person who otherwise possessed or knew the information;
-10LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1

(h)

during their depositions, witnesses, and attorneys for witnesses,

2

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

3

deposing party requests that the witness sign the “Acknowledgment and Agreement

4

to Be Bound” (Exhibit A); and (2) they will not be permitted to keep any

5

CONFIDENTIAL information designated under this Stipulated Protective Order,

6

unless otherwise agreed by the Designating Party or ordered by the court;
(i)

7

any mediator or settlement officer, and their supporting

8

personnel, mutually agreed upon by any of the parties engaged in settlement

9

discussions.
(j)

10

Pages of transcribed deposition testimony or exhibits to

11

depositions that reveal Protected Material shall be separately bound by the court

12

reporter and may not be disclosed to anyone except as permitted under this Order.

13

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

14

IN OTHER LITIGATION

15

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

16

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

17

“CONFIDENTIAL,” that Party must:

18
19
20

(a)

promptly notify in writing the Designating Party. Such

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

promptly notify in writing the party who caused the subpoena or

21

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

22

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

23

shall include a copy of this Stipulated Protective Order; and

24
25
26

(c)

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with

27

the subpoena or court order shall not produce any Protected Material before a

28

determination by the court from which the subpoena or order issued, unless the
-11LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1

Party has obtained the Designating Party’s permission. The Designating Party shall

2

bear the burden and expense of seeking protection in that court of its confidential

3

material and nothing in these provisions should be construed as authorizing or

4

encouraging a Receiving Party in this Action to disobey a lawful directive from

5

another court.

6

9.

7
8
9

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

The terms of this Stipulated Protective Order are applicable to

information produced by a Non-Party in this Action and designated as

10

“CONFIDENTIAL.” Such information produced by Non-Parties in connection

11

with this litigation is protected by the remedies and relief provided by this

12

Stipulated Protective Order. Nothing in these provisions should be construed as

13

prohibiting a Non-Party from seeking additional protections.

14

(b)

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

15

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

16

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

17

confidential information, then the Party shall:

18

(1)

promptly notify in writing the Requesting Party and the

19

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

20

confidentiality agreement with a Non-Party;

21

(2)

promptly provide the Non-Party with a copy of the

22

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

23

reasonably specific description of the information requested; and

24
25
26

(3)

make the information requested available for inspection

by the Non-Party, if requested.
(c)

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

27

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

28

Receiving Party may produce the Non-Party’s confidential information responsive
-12LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1

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

2

Receiving Party shall not produce any information in its possession or control that

3

is subject to the confidentiality agreement with the Non-Party before a

4

determination by the court. Absent a court order to the contrary, the Non-Party

5

shall bear the burden and expense of seeking protection in this court of its Protected

6

Material.

7

10.

8
9

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

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

10

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

11

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

12

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

13

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

14

this Stipulated Protective Order, and (d) request such person or persons to execute

15

the “Acknowledgment and Agreement to Be Bound” that is attached hereto as

16

Exhibit A.

17

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

18

PROTECTED MATERIAL

19

When a Producing Party gives notice to Receiving Parties that certain

20

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

21

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

22

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

23

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

24

production without prior privilege review. Pursuant to Federal Rule of

25

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

26

disclosure of a communication or information covered by the attorney-client

27

privilege or work product protection, the parties may incorporate their agreement in

28

the stipulated protective order submitted to the court.
-13LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1

12.

12.1. Right to Further Relief. Nothing in this Stipulated Protective Order

2
3

MISCELLANEOUS

abridges the right of any person to seek its modification by the Court in the future.

4

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

5

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

6

object to disclosing or producing any information or item on any ground not

7

addressed in this Stipulated Protective Order. Similarly, no Party waives any right

8

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

9

Stipulated Protective Order.

10

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

11

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

12

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

13

specific Protected Material at issue. If a Receiving Party seeks to file Protected

14

Material designated by another Party under seal and the Receiving Party’s Request

15

to file Protected Material under seal is denied by the court, then the Designating

16

Party shall have 7 calendar days to file a motion to file under seal that complies

17

with Civil Local Rule 79-5. Only absent the filing of such a motion or the court’s

18

denial of such a Motion brought by a Designating Party, may the Protected Material

19

be filed in the public record, unless otherwise instructed by the court.

20

13.

21

FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 4,

22

within 60 days of a written request by the Designating Party, each Receiving Party

23

must return all Protected Material to the Producing Party or destroy such material.

24

As used in this subdivision, “all Protected Material” includes all copies, abstracts,

25

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

26

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

27

Receiving Party must submit a written certification to the Producing Party (and, if

28

not the same person or entity, to the Designating Party) by the 60 day deadline that
-14LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1

(1) identifies (by category, where appropriate) all the Protected Material that was

2

returned or destroyed and (2) affirms that the Receiving Party has not retained any

3

copies, abstracts, compilations, summaries or any other format reproducing or

4

capturing any of the Protected Material. Notwithstanding this provision, Counsel

5

are entitled to retain an archival copy of all pleadings, motion papers, trial,

6

deposition, and hearing transcripts, legal memoranda, correspondence, deposition

7

and trial exhibits, expert reports, attorney work product, and consultant and expert

8

work product, even if such materials contain Protected Material. Any such archival

9

copies that contain or constitute Protected Material remain subject to this Stipulated

10

Protective Order as set forth in Section 4 (DURATION).

11

14.

Any violation of this Stipulated Protective Order may be punished by any

12

and all appropriate measures including, without limitation, contempt

13

proceedings and/or monetary sanctions.

14
15

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

16
17
18
19
20
21
22
23
24
25
26
27
28
-15LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1

DATED: August 4, 2017

2
3

FELICIA MEDINA
JENNIFER ORTHWEIN
MEDINA ORTHWEIN LLP
XINYING VALERIAN
KEVIN LOVE HUBBARD
SANFORD HEISLER SHARP, LLP

4
5
6
7

By:

/s/ Felicia Medina
FELICIA MEDINA

8
9

Attorneys for Plaintiff
ZOLA MASHARIKI

10
11
12

DATED: August 4, 2017

13

ELENA R. BACA
RYAN D. DERRY
PAUL HASTINGS LLP

14
15

By:

/s/ Elena R. Baca
ELENA R. BACA

16

Attorneys for Defendants
VIACOM INC., BLACK ENTERTAINMENT
TELEVISION LLC, and STEPHEN HILL

17
18
19

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED

20
21
22

DATED: August 9, 2017

23

/ s / Alka Sagar
HON. ALKA SAGAR
UNITED STATES MAGISTRATE JUDGE

24
25
26
27
28
-16LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER

1

EXHIBIT “A”

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, ______________________________ [print or type full name], of

4

___________________________ [print or type full address], declare under penalty

5

of 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 Mashariki v. Viacom Inc., et al., Case No. 2:17-

8

cv-03366 PSG-AS. I agree to comply with and to be bound by all the terms of this

9

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

10

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

11

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

12

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

13

strict compliance with the provisions of this Stipulated Protective Order. I further

14

agree to submit to the jurisdiction of the United States District Court for the Central

15

District of California for the purpose of enforcing the terms of this Stipulated

16

Protective Order, even if such enforcement proceedings occur after termination of

17

this action. I hereby appoint __________________________________ [print or

18

type full name] of _______________________________________________ [print

19

or type full address and telephone number] as my California agent for service of

20

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

21

this Stipulated Protective Order.

22

Date:

23

City and State where sworn and signed:

24

Printed name:

25
26

Signature:

27
28
-17LEGAL_US_W # 90209876.6

STIPULATED PROTECTIVE ORDER