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)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Felicia Medina (SBN 255804) fmedina@medinaorthwein.com Jennifer Orthwein (SBN 255196) jorthwein@medinaorthwein.com MEDINA ORTHWEIN LLP 1322 Webster Street, #200 Oakland, CA 94612 Telephone: (510) 679-2145 Facsimile: (510) 217-3580 Attorneys for Plaintiff ZOLA MASHARIKI ELENA R. BACA (SB# 160564) elenabaca@paulhastings.com RYAN D. DERRY (SB# 244337) ryanderry@paulhastings.com PAUL HASTINGS LLP 515 South Flower Street, 25th Floor Los Angeles, CA 90071-2228 Telephone: (213) 683-6000 Facsimile: (213) 627-0705 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) xvalerian@sanfordheisler.com Kevin Love Hubbard (SBN 290759) khubbard@sanfordheisler.com SANFORD HEISLER SHARP, LLP 111 Sutter Street, Suite 975 San Francisco, CA 94104 Telephone: (415) 795-2020 Facsimile: (415) 795-2021 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?