Angel Shaw v. Abbott Laboratories Inc et al

Filing 23

PROTECTIVE ORDER by Magistrate Judge Suzanne H. Segal re Stipulation for Protective Order 22 . (See document for details). (mr)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 JANET MARTIN LAW OFFICES Janet G. Martin 601 Daily Drive No. 221 Camarillo, California 93010 Telephone: (805) 797-4574 Attorney for Plaintiff ANGEL SHAW ATKINSON, ANDELSON, LOYA, RUUD & ROMO PLC Scott K. Dauscher (SBN 204105) 12800 Center Court Drive South, Suite 300 Cerritos, California 90703 Telephone: (562) 653-3200 Fax: (562) 653-3333 GOLDBERG KOHN LTD. Harleen Kaur (SBN 260229) 55 East Monroe Street, Suite 3300 Chicago, Illinois 60603 Telephone: (312) 201-4000 Fax: (312) 332-2196 Attorneys for Defendants Abbott Laboratories Inc., ABBOTT LABORATORIES INC. DBA ABBOTT SALES, MARKETING & DISTRIBUTION CO., and ABBOTT LABORATORIES 16 IN THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 17 18 ANGEL SHAW Plaintiff 19 20 21 22 23 24 25 Case No. 2:17-cv-04783-SS vs. STIPULATED PROTECTIVE ORDER ABBOTT LABORATORIES INC. DOING BUSINESS IN LCALIFORNIA AS ABBOTT SALES MARKETING & DISTRIBUTION CO., ABBOTT LABORATORIES INC., ABBOTT LABORATORIES INC. DBA ABBOTT NUTRITION and DOES 1 THROUGH 40, inclusive Defendants. 26 27 28 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 5 may be warranted. Accordingly, the parties hereby stipulate to and petition the 6 Court to enter the following Stipulated Protective Order. 7 acknowledge that this Order does not confer blanket protections on all 8 disclosures or responses to discovery and that the protection it affords from 9 public disclosure and use extends only to the limited information or items that are 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 The parties entitled to confidential treatment under the applicable legal principles. B. GOOD CAUSE STATEMENT This action is likely to involve trade secrets, including without limitation, valuable research, development, commercial, financial, business, scientific, economic, technical and other confidential and proprietary information for which special protection from public disclosure and from use for any purpose other than prosecution of this action is warranted. Such confidential and proprietary materials and information generally consist of secret information because it is neither known to, nor readily ascertainable by, another person, and which a party has taken reasonable measure to maintain such secrecy, from which independent economic value is derived. Such confidential and proprietary materials and information may also be privileged or otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or common law. In addition, it is likely that the parties will exchange confidential personal information relating to the parties to this action and non-parties, such as financial information, medical or health-related information, personnel or other employment records of non-parties, and personal identifiers such as home addresses, telephone numbers, and Social Security numbers. Other confidential information may be exchanged, 28 -2- 1 including but not limited to, records pertaining to internal investigations, business 2 policies, procedures, and other records that contain non-public information, and 3 agreements, contracts, and proposals which could harm a party's competitive 4 interests and business. Accordingly, to expedite the flow of information, to 5 facilitate the prompt resolution of disputes over confidentiality of discovery 6 materials, to adequately protect information the parties are entitled to keep 7 confidential, to ensure that the parties are permitted reasonable necessary uses of 8 such material in preparation for and in the conduct of trial, to address their 9 handling at the end of the litigation, and serve the ends of justice, a protective 10 order for such information is justified in this matter. It is the intent of the parties 11 that information will not be designated as confidential for tactical reasons and 12 that nothing be so designated without a good faith belief that it has been 13 maintained in a confidential manner, and there is good cause why it should not be 14 part of the public record of this case. 15 16 C. ACKNOWLEDGMENT PROCEDURE OF UNDER SEAL FILING 17 The parties further acknowledge, as set forth in Section 12.3, below, that 18 this Stipulated Protective Order does not entitle them to file confidential 19 information under seal; Local Civil Rule 79-5 sets forth the procedures that must 20 be followed and the standards that will be applied when a party seeks permission 21 from the court to file material under seal. 22 There is a strong presumption that the public has a right of access to 23 judicial proceedings and records in civil cases. 24 dispositive motions, good cause must be shown to support a filing under seal. 25 See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 26 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), 27 Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) 28 (even stipulated protective orders require good cause showing), and a specific -3- In connection with non- 1 showing of good cause or compelling reasons with proper evidentiary support 2 and legal justification, must be made with respect to Protected Material that a 3 party seeks to file under seal. The parties' mere designation of Disclosure or 4 Discovery Material as CONFIDENTIAL does not—without the submission of 5 competent evidence by declaration, establishing that the material sought to be 6 filed under seal qualifies as confidential, privileged, or otherwise protectable— 7 constitute good cause. 8 Further, if a party requests sealing related to a dispositive motion or trial, 9 then compelling reasons, not only good cause, for the sealing must be shown, and 10 the relief sought shall be narrowly tailored to serve the specific interest to be 11 protected. See Pintos v. Pacific Creditors Ass'n., 605 F.3d 665, 677-79 (9th Cir. 12 2010). For each item or type of information, document, or thing sought to be 13 filed or introduced under seal in connection with a dispositive motion or trial, the 14 party seeking protection must articulate compelling reasons, supported by 15 specific facts and legal justification, for the requested sealing order. Again, 16 competent evidence supporting the application to file documents under seal must 17 be provided by declaration. 18 Any document that is not confidential, privileged, or otherwise protectable 19 in its entirety shall not be filed under seal if the confidential portions can be 20 redacted. If documents can be redacted, then a redacted version for public 21 viewing, omitting only the confidential, privileged, or otherwise protectable 22 portions of the document, shall be filed. Any application that seeks to file 23 documents under seal in their entirety should include an explanation of why 24 redaction is not feasible. 25 2. 26 2.1. Action: This pending federal lawsuit. 27 2.2. Challenging Party: 28 designation of information or items under this Order. DEFINITIONS a Party or Non-Party that challenges the -4- 1 2.3. "CONFIDENTIAL" Information or Items: information (regardless 2 of how it is generated, stored or maintained), documents, or tangible things that 3 qualify for protected under Federal Rule of Civil Procedure 26(c), and as 4 specified above in the Good Cause Statement. For purposes of this Order, the 5 term "document" or "documents" shall include, without limitation, all discovery 6 materials, declarations or affidavits, or other documents produced or provided in 7 the course of discovery. 8 2.4. 9 their support staff). Counsel: Outside Counsel of Record and House Counsel (as well as 10 2.5. Designating Party: a Party or Non-Party that designates information 11 or items that it produces in disclosures or in responses to discovery as 12 "CONFIDENTIAL." 13 2.6. 14 regardless of the medium or manner in which it is generated, stored, or 15 maintained (including, among other things, testimony, transcripts, and tangible 16 things), that are produced or generated in disclosures or responses to discovery in 17 this matter. 18 2.7. 19 matter pertinent to the litigation who has been retained by a Party or its counsel 20 to serve as an expert witness or as a consultant in this Action. 21 2.8. 22 Action. House Counsel does not include Outside Counsel of Record or any other 23 outside counsel. 24 2.9. 25 or other legal entity not named as a Party to this action. 26 2.10. 27 party to this Action but are retained to represent or advise a party to this Action Disclosure or Discovery Material: all items or information, Expert: a person with specialized knowledge or experience in a House Counsel: attorneys who are employees of a party to this Non-Party: any natural person, partnership, corporation, association Outside Counsel of Record: attorneys who are not employees of a 28 -5- 1 and have appeared in this Action on behalf of that party or are affiliated with a 2 law firm that has appeared on behalf of that party, and includes support staff. 3 2.11. 4 directors, employees, consultants, retained experts, and Outside Counsel of 5 Record (and their respective support staffs). 6 2.12. 7 Discovery Material in this Action. 8 2.13. 9 support services (e.g., court reporting, photocopying, videotaping, translating, 10 preparing exhibits or demonstrations, and organizing, storing, or retrieving data 11 in any form or medium) and their employees and subcontractors. 12 2.14. 13 designated as "CONFIDENTIAL." 14 2.15. 15 Material from a Producing Party. 16 3. Party: any party to this Action, including all of its officers, Producing Party: a Party or Non-Party that produces Disclosure or Professional Vendors: persons or entities that provide litigation Protected Material: any Disclosure or Discovery Material that is Receiving Party: a Party that receives Disclosure or Discovery SCOPE 17 The protections conferred by this Stipulation and Order cover not only 18 Protected Material (as defined above), but also (1) any information copied or 19 extracted from Protected Material; (2) all copies, excerpts, summaries, or 20 compilations of Protected Material; and (3) any testimony, conversations, or 21 presentations by Parties or their Counsel that might reveal Protected Material. 22 Any use of Protected Material at trial shall be governed by the orders of 23 the trial judge. This Order does not govern the use of Protected Material at trial. 24 4. 25 26 27 DURATION Once a case proceeds to trial, information that was designated as CONFIDENTIAL or maintained pursuant to this protective order used or introduced as an exhibit at trial becomes public and will be presumptively 28 -6- 1 available to all members of the public, including the press, unless compelling 2 reasons supported by specific factual findings to proceed otherwise are made to 3 the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 4 (distinguishing "good cause" showing for sealing documents produced in 5 discovery from "compelling reasons" standard when merits-related documents 6 are part of court record). Accordingly, the terms of this protective order do not 7 extend beyond the commencement of the trial. 8 5. 9 DESIGNATING PROTECTED MATERIAL 5.1. Exercise of Restraint and Care in Designating Material for 10 Protection. Each Party or Non-Party that designates information or items for 11 protection under this Order must take care to limit any such designation to 12 specific material that qualifies under the appropriate standards. The Designating 13 Party should designate for protection only those parts of material, documents, 14 items or oral or written communications that qualify so that other portions of the 15 material, documents, items or communications for which protection is not 16 warranted are not swept unjustifiably within the ambit of this Order. 17 Mass, indiscriminate or routinized designations are prohibited. 18 Designations that are shown to be clearly unjustified or that have been made for 19 an improper purpose (e.g., to unnecessarily encumber the case development 20 process or to impose unnecessary expenses and burdens on other parties) may 21 expose the Designating Party to sanctions. 22 If it comes to a Designating Party's attention that information or items that 23 it designated for protection do not qualify for protection, that Designating Party 24 must promptly notify all other Parties that it is withdrawing the inapplicable 25 designation. 26 5.2. Manner and Timing of Designations. Except as otherwise provided 27 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 28 stipulated or ordered, Disclosure or Discovery Material that qualifies for -7- 1 protection under this Order must be clearly so designated before the material is 2 disclosed or produced. 3 4 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 5 documents, but excluding transcripts of depositions or other pretrial or trial 6 proceedings), that the Producing Party affix at a minimum, the legend 7 "CONFIDENTIAL" (hereinafter "CONFIDENTIAL legend"), to each page that 8 contains protected material. If only a portion of the material on a page qualifies 9 for protection, the Producing Party also must clearly identify the protected 10 portion(s) (e.g., by making appropriate markings in the margins). 11 A Party or Non-Party that makes original documents available for 12 inspection need not designate them for protection until after the inspecting Party 13 has indicated which documents it would like copied and produced. During the 14 inspection and before the designation, all of the material made available for 15 inspection shall be deemed "CONFIDENTIAL." After the inspecting Party has 16 identified the documents it wants copied and produced, the Producing Party must 17 determine which documents, or portions thereof, qualify for protection under this 18 Order. Then, before producing the specified documents, the Producing Party 19 must affix the "CONFIDENTIAL legend" to each page that contains Protected 20 Material. If only a portion of the material on a page qualifies for protection, the 21 Producing Party also must clearly identify the protected portion(s) (e.g., by 22 making appropriate markings in the margins). 23 (b) for testimony given in depositions that the Designating Party 24 identifies before the close of the deposition all Protected Material or testimony 25 subject to this Order, or in writing within ten (10) business days after the receipt 26 of the transcript of the deposition, and all testimony shall be treated as 27 confidential until such deadline has passed. 28 -8- (c) 1 for information produced in some form other than 2 documentary and for any other tangible items, that the Producing Party affix in a 3 prominent place on the exterior of the container or containers in which the 4 information is stored the legend "CONFIDENTIAL." 5 portions of the information warrants protection, the Producing Party, to the extent 6 practicable, shall identify the protected portion(s). 5.3. 7 If only a portion or Inadvertent Failures to Designate. If timely corrected, an inadvertent 8 failure to designate qualified information or items does not, standing alone, waive 9 the Designating Party's right to secure protection under this Order for such 10 material. Upon timely correction of a designation, the Receiving Party must 11 make reasonable efforts to assure that the material is treated in accordance with 12 the provisions of this Order. 13 6. 14 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1. Timing of Challenges. Any Party or Non-Party may challenge a 15 designation of confidentiality at any time that is consistent with the Court's 16 Scheduling Order. 17 18 19 20 21 6.2. Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37-1 et seq. 6.3. Joint Stipulation. Any challenge submitted to the Court shall be via a joint stipulation pursuant to Local Rule 37-2. 6.4. The burden of persuasion in any such challenge proceeding shall be 22 on the Designating Party. Frivolous challenges, and those made for an improper 23 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 24 parties) may expose the Challenging Party to sanctions. Unless the Designating 25 Party has waived or withdrawn the confidentiality designation, all parties shall 26 continue to afford the material in question the level of protection to which it is 27 entitled under the Producing Party's designation until the Court rules on the 28 challenge. -9- 1 2 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1. Basic Principles. A Receiving Party may use Protected Material that 3 is disclosed or produced by another Party or by a Non-Party in connection with 4 this Action only for prosecuting, defending or attempting to settle this Action. 5 Such Protected Material may be disclosed only to the categories of persons and 6 under the conditions described in this Order. When the Action has been 7 terminated, a Receiving Party must comply with the provisions of Section 15 8 below (FINAL DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 7.2. Disclosure of "CONFIDENTIAL" Information or Items. Unless 13 otherwise ordered by the court or permitted in writing by the Designating Party, a 14 Receiving 15 "CONFIDENTIAL" only to: 16 (a) Party may disclose any information or item designated the Receiving Party's Outside Counsel of Record in this 17 Action, as well as employees of said Outside Counsel of Record to whom it is 18 reasonably necessary to disclose the information for this Action; (b) 19 the officers, directors, and employees (including House 20 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for 21 this Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to 23 whom disclosure is reasonably necessary for this Action and who have signed the 24 "Acknowledgment and Agreement to Be Bound" (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff; 27 (f) professional jury or trial consultants, mock jurors, and 28 Professional Vendors to whom disclosure is reasonably necessary for this Action -10- 1 and who have signed the "Acknowledgment and Agreement to Be Bound" 2 (Exhibit A); (g) 3 the author or recipient of a document containing the 4 information or a custodian or other person who otherwise possessed or knew the 5 information; (h) 6 during their depositions, witnesses, and attorneys for 7 witnesses, in the Action to whom disclosure is reasonably necessary provided: 8 (1) the deposing party requests that the witness sign the form attached as Exhibit 9 A hereto; and (2) they will not be permitted to keep any confidential information 10 unless they sign the "Acknowledgment and Agreement to Be Bound" (Exhibit 11 A), unless otherwise agreed by the Designating Party or ordered by the court. 12 Pages of transcribed deposition testimony or exhibits to depositions that reveal 13 Protected Material may be separately bound by the court reporter and may not be 14 disclosed to anyone except as permitted under this Stipulated Protective Order; 15 and (i) 16 any mediator or settlement officer, and their supporting 17 personnel, mutually agreed upon by any of the parties engaged in settlement 18 discussions. 19 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 20 PRODUCED IN OTHER LITIGATION 21 If a Party is served with a subpoena or a court order issued in other 22 litigation that compels disclosure of any information or items designated in this 23 Action as "CONFIDENTIAL," that Party must: 24 25 26 27 (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 order to issue in the other litigation that some or all of the material covered by 28 -11- 1 the subpoena or order is subject to this Protective Order. Such notification shall 2 include a copy of this Stipulated Protective Order; and (c) 3 4 cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 5 If the Designating Party timely seeks a protective order, the Party served 6 with the subpoena or court order shall not produce any information designated in 7 this action as "CONFIDENTIAL" before a determination by the court from 8 which the subpoena or order issued, unless the Party has obtained the 9 Designating Party's permission. The Designating Party shall bear the burden and 10 expense of seeking protection in that court of its confidential material and 11 nothing in these provisions should be construed as authorizing or encouraging a 12 Receiving Party in this Action to disobey a lawful directive from another court. 13 9. 14 15 A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information 16 produced by a Non-Party in this Action and designated as "CONFIDENTIAL." 17 Such information produced by Non-Parties in connection with this litigation is 18 protected by the remedies and relief provided by this Order. Nothing in these 19 provisions should be construed as prohibiting a Non-Party from seeking 20 additional protections. 21 (b) In the event that a Party is required, by a valid discovery 22 request, to produce a Non-Party's confidential information in its possession, and 23 the Party is subject to an agreement with the Non-Party not to produce the Non- 24 Party's confidential information, then the Party shall: 25 (1) promptly notify in writing the Requesting Party and the 26 Non-Party that some or all of the information requested is subject to a 27 confidentiality agreement with a Non-Party; 28 -12- (2) 1 promptly provide the Non-Party with a copy of the 2 Stipulated Protective Order in this Action, the relevant discovery request(s), and 3 a reasonably specific description of the information requested; and (3) 4 5 make the information requested available for inspection by the Non-Party, if requested. (c) 6 If the Non-Party fails to seek a protective order from this 7 court within 14 days of receiving the notice and accompanying information, the 8 Receiving Party may produce the Non-Party's confidential information 9 responsive to the discovery request. If the Non-Party timely seeks a protective 10 order, the Receiving Party shall not produce any information in its possession or 11 control that is subject to the confidentiality agreement with the Non-Party before 12 a determination by the court. Absent a court order to the contrary, the Non-Party 13 shall bear the burden and expense of seeking protection in this court of its 14 Protected Material. 15 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 16 If a Receiving Party learns that, by inadvertence or otherwise, it has 17 disclosed Protected Material to any person or in any circumstance not authorized 18 under this Stipulated Protective Order, the Receiving Party must immediately (a) 19 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 20 best efforts to retrieve all unauthorized copies of the Protected Material, (c) 21 inform the person or persons to whom unauthorized disclosures were made of all 22 the terms of this Order, and (d) request such person or persons to execute the 23 "Acknowledgment an Agreement to Be Bound" attached hereto as Exhibit A. 24 11. 25 INADVERTENT OR UNINTENTIONAL PRODUCTION PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 26 When a Producing Party gives notice to Receiving Parties that certain 27 inadvertently produced material is subject to a claim of privilege or other 28 protection, the obligations of the Receiving Parties are those set forth in Federal -13- OF 1 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 2 whatever procedure may be established in an e-discovery order that provides for 3 production without prior privilege review. Pursuant to Federal Rule of Evidence 4 502, any inadvertently disclosed or unintentionally produced material which is 5 subject to a claim of privilege or other protection shall in no way prejudice or 6 otherwise constitute a waiver of, or estoppel as to, any claim of attorney-client 7 privilege, work production, or any other privilege to which the Producing Party 8 would otherwise be entitled. If a claim of inadvertent disclosure or unintentional 9 production is made pursuant to this paragraph by the Producing Party with 10 respect to such material then in the custody of the Receiving Party, the Receiving 11 Party shall promptly return to the Producing Party that material as to which the 12 claim of inadvertent and/or unintentional disclosure or production has been made. 13 The Receiving Party may then move the Court for an order compelling 14 production of the material, but said motion shall not assert as a ground for 15 entering such an order the fact or circumstances of the inadvertent and/or 16 unintentional disclosure or production. 17 12. 18 19 MISCELLANEOUS 12.1. Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 20 12.2. Right to Assert Other Objections. By stipulating to the entry of this 21 Protective Order, no Party waives any right it otherwise would have to object to 22 disclosing or producing any information or item on any ground not addressed in 23 this Stipulated Protective Order. Similarly, no Party waives any right to object 24 on any ground to use in evidence of any of the material covered by this Protective 25 Order. 26 12.3. Filing Protected Material. A Party that seeks to file under seal any 27 Protected Material must comply with Local Civil Rule 79-5. Protected Material 28 may only be filed under seal pursuant to a court order authorizing the sealing of -14- 1 the specific Protected Material at issue. If a Party's request to file Protected 2 Material under seal is denied by the court, then the Receiving Party may file the 3 information in the public record unless otherwise instructed by the court. 4 13. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 4, within 6 60 days of a written request by the Designating Party, each Receiving Party must 7 return all Protected Material to the Producing Party or destroy such material. As 8 used in this subdivision, "all Protected Material" includes all copies, abstracts, 9 compilations, summaries, and any other format reproducing or capturing any of 10 the Protected Material. Whether the Protected Material is returned or destroyed, 11 the Receiving Party must submit a written certification to the Producing Party 12 (and, if not the same person or entity, to the Designating Party) by the 60-day 13 deadline that (1) identifies (by category, where appropriate) all the Protected 14 Material that was returned or destroyed and (2) affirms that the Receiving Party 15 has not retained any copies, abstracts, compilations, summaries or any other 16 format reproducing or capturing any of the Protected Material. Notwithstanding 17 this provision, Counsel are entitled to retain an archival copy of all pleadings, 18 motion papers, trial, deposition, and hearing transcripts, legal memoranda, 19 correspondence, deposition and trial exhibits, expert reports, attorney work 20 product, and consultant and expert work product, even if such materials contain 21 Protected Material. Any such archival copies that contain or constitute Protected 22 Material remain subject to this Protective Order as set forth in Section 4 23 (DURATION). 24 Further, with respect to Electronically Stored Information ("ESI"), the 25 parties' counsel shall make reasonable efforts to remove such ESI from counsel's 26 active systems, including active email servers, active document management 27 systems, and active litigation support databases. The parties' counsel will not be 28 required, however, to remove such ESI from any backup or disaster recovery -15- 1 systems, or from any other source which is not reasonably accessible because of 2 undue burden or cost. 3 Material remains subject to this Protective Order. 4 14. 5 Any such ESI that contains or constitutes Protected VIOLATION Any violation of this Order may be punished by appropriate measures 6 including, without limitation, contempt proceedings and/or monetary sanctions. 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 8 DATED: December 6, 2017 9 10 /s/ Janet G. Martin One of Her Attorneys Janet Martin Law Offices 601 Daily Drive No. 221 Camarillo, California 93010 Telephone: (805) 797-4574 11 12 13 14 15 DATED: December 6, 2017 /s/ Harleen Kaur One of Their Attorneys 16 17 18 19 20 21 22 GOLDBERG KOHN LTD. Harleen Kaur (SBN 260229) 55 East Monroe Street, Suite 3300 Chicago, Illinois 60603 Telephone: (312) 201-4000 Fax: (312) 332-2196 27 ATKINSON, ANDELSON, LOYA, RUUD & ROMO PLC Scott K. Dauscher (SBN 204105) 12800 Center Court Drive South, Suite 300 Cerritos, California 90703 Telephone: (562) 653-3200 Fax: (562)653-3333 28 Attorneys for Defendant 23 24 25 26 -16- 1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 4 DATED: December 8, 2017 /S/ Honorable Suzanne H. Segal United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -17- 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, _____________________________ [print or type full name], of _________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Central District of California on ___________________, 201____, in the case of Angel Shaw vs. Abbott Laboratories Inc., et al. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order, and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the Central District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint __________________________ [print or type full name] of _______________________________________ [print or type full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order. Date: ______________________________________ City and State where sworn and signed: _________________________________ Printed name: _______________________________ Signature: __________________________________

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