Wine Education Council, Inc. v. San Pasqual Fiduciary Trust Company et al

Filing 50

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian. 49 (sbou)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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WINE EDUCATION COUNCIL, INC.,
a Delaware corporation,

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CASE NO. 2:17-cv-05879 DMG
(JCx)

Plaintiff,

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STIPULATED PROTECTIVE
ORDER

vs.

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SAN PASQUAL FIDUCIARY TRUST
COMPANY, a California corporation;
PETER HILF, an individual; and JANE
16 RODGERS, an individual,
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Defendants.

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1.

A. PURPOSES AND LIMITATIONS

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As the parties have represented that discovery in this action is likely to

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involve production of confidential, proprietary, privileged or private information or

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information protected by the work product doctrine for which special protection

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from public disclosure and from use for any purpose other than prosecuting this

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litigation may be warranted.

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petition the Court to enter the following Stipulated Protective Order. The parties

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acknowledge that this Order does not confer blanket protections on all disclosures or

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responses to discovery.

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1

Accordingly, the parties hereby stipulate to and

The parties further acknowledge that the protection it
CASE NO. 2:17-CV-05879 DMG (JCx)
STIPULATED PROTECTIVE ORDER

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affords from public disclosure and use extends only to the limited information or

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items that are entitled to confidential, privileged or work product treatment under

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the applicable legal principles. Further, the parties acknowledge, as set forth in

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Section 12.3, below, this Protective Order does not entitle the parties to file

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confidential information under seal. Rather, when the parties seek permission from

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the court to file material under seal, the parties must comply with Civil Local Rule

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79-5 and with any pertinent orders of the assigned District Judge and Magistrate

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Judge.
B. GOOD CAUSE STATEMENT

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In light of the nature of the claims and allegations in this case and the parties’

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representations that discovery in this case will involve the production of

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confidential, privileged and work-product doctrine protected records, and in order to

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expedite the flow of information, to facilitate the prompt resolution of disputes over

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confidentiality and privilege of discovery materials, to adequately protect

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information the parties are entitled to keep confidential and privileged, to ensure that

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the parties are permitted reasonable necessary uses of such material in connection

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with this action, to address their handling of such material at the end of the

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litigation, and to serve the ends of justice, a protective order for such information is

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justified in this matter. The parties shall not designate any information/documents

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as confidential or privileged/work product without a good faith belief, in the case of

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confidential information/documents, that such information/documents have been

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maintained in a confidential, non-public manner, and that there is good cause or a

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compelling reason why it should not be part of the public record of this case or, in

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the

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information/documents are subject to protection under the attorney-client privilege

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and/or the work product doctrine.

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///

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case

of

privileged/work

2

product

information/documents,

CASE NO. 2:17-CV-05879 DMG (JCx)
STIPULATED PROTECTIVE ORDER

that

such

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2.

DEFINITIONS

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2.1

Action:

2.2

Challenging Party:

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Case Number 2:17-cv-05879 DMG

(JCx).

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5

The instant action:

a Party or Non-Party that challenges the

designation of information or items under this Order.
2.3

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“CONFIDENTIAL” Information or Items: information (regardless of

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

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

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the Good Cause Statement.
2.4

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“HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”

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Information or Items:

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Items, the disclosure of which to another Party or Non-Party would create a

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substantial risk of serious harm that could not be avoided by less restrictive means.
2.5

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extremely sensitive “CONFIDENTIAL” Information or

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

their support staff).
2.6

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

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

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“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

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ONLY” or “PRIVILEGED/WORK PRODUCT.”
2.7

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Disclosure or Discovery Material: all items or information, regardless

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

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

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generated in disclosures or responses to discovery in this matter.
2.8

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

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

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an expert witness or as a consultant in this Action.

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CASE NO. 2:17-CV-05879 DMG (JCx)
STIPULATED PROTECTIVE ORDER

2.9

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

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

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

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

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

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

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

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

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

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

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support staffs).
2.13 “PRIVILEGED/WORK

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PRODUCT”

Information

or

Items:

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information (regardless of how it is generated, stored or maintained) or tangible

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things that qualify for protection under the attorney-client privilege and/or work

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product doctrine, and as specified above in the Good Cause Statement.

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“PRIVILEGED/WORK PRODUCT” Information or Items shall be treated as

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“HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” Information or

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Items for purposes of disclosure of that “PRIVILEGED/WORK PRODUCT”

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Information or Items.
2.13 Producing Party: a Party or Non-Party that produces Disclosure or

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All

Discovery Material in this Action.
2.14 Professional Vendors:

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persons or entities that provide litigation

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

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

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and their employees and subcontractors.

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CASE NO. 2:17-CV-05879 DMG (JCx)
STIPULATED PROTECTIVE ORDER

2.15 Protected Material:

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any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL -- ATTORNEYS’

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EYES ONLY” or “PRIVILEGED/WORK PRODUCT.”
2.16 Receiving Party:

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a Party that receives Disclosure or Discovery

Material from a Producing Party.

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3.

SCOPE

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The protections conferred by this Order cover not only Protected Material (as

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defined above), but also (1) any information copied or extracted from Protected

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Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;

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and (3) any deposition testimony, conversations, or presentations by Parties or their

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Counsel that might reveal Protected Material, other than during a court hearing or at

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trial.

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Any use of Protected Material during a court hearing or at trial shall be

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governed by the orders of the presiding judge. This Order does not govern the use

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of Protected Material during a court hearing or at trial.

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4.

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Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this Action, with

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or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of time

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pursuant to applicable law.

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///

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DURATION

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CASE NO. 2:17-CV-05879 DMG (JCx)
STIPULATED PROTECTIVE ORDER

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5.

DESIGNATING PROTECTED MATERIAL

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5.1

Exercise of Restraint and Care in Designating Material for Protection.

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

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

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

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

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communications that qualify so that other portions of the material, documents,

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

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unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

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

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Party to sanctions.

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

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

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

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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

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

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

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produced.

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Designation in conformity with this Order requires:
(a)

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

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documents, but excluding transcripts of depositions), that the Producing Party affix

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at a minimum, the legend “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL --

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ATTORNEYS’ EYES ONLY” or “PRIVILEGED/WORK PRODUCT” to each

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CASE NO. 2:17-CV-05879 DMG (JCx)
STIPULATED PROTECTIVE ORDER

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page that contains protected material. If only a portion or portions of the material on

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a page qualifies for protection, the Producing Party also must clearly identify the

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

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

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

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

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

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

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

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

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

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“CONFIDENTIAL”, “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

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ONLY” or “PRIVILEGED/WORK PRODUCT” legend to each page that contains

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

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for protection, the Producing Party also must clearly identify the protected portion(s)

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(e.g., by making appropriate markings in the margins).
(b) for testimony given in depositions that the Designating Party identifies

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on the record, before the close of the deposition as protected testimony.

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

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

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

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legend “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

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ONLY” or “PRIVILEGED/WORK PRODUCT.” If only a portion or portions of

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the information warrants protection, the Producing Party, to the extent practicable,

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shall identify the protected portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

failure to designate qualified information or items does not, standing alone, waive
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CASE NO. 2:17-CV-05879 DMG (JCx)
STIPULATED PROTECTIVE ORDER

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the Designating Party’s right to secure protection under this Order for such material.

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

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efforts to assure that the material is treated in accordance with the provisions of this

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Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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6.1

Timing of Challenges.

Any Party or Non-Party may challenge a

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designation of confidentiality or privilege at any time that is consistent with the

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Court’s Scheduling Order.
6.2

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Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37-1 et seq.
6.3

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

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the Designating Party.

Frivolous challenges, and those made for an improper

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

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

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

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

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

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challenge.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

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

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

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

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

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

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Receiving Party must comply with the provisions of Section 13 below.

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CASE NO. 2:17-CV-05879 DMG (JCx)
STIPULATED PROTECTIVE ORDER

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

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

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authorized under this Order.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items.

Unless

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

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Receiving

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“CONFIDENTIAL” only to:

Party

may

disclose

any

information

or

item

designated

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

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

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necessary to disclose the information for this Action;
(b) the officers, directors, and employees (including House Counsel) of
the Receiving Party to whom disclosure is reasonably necessary for this Action;

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

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

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

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(d) the court and its personnel;

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(e) private court reporters and their staff to whom disclosure is reasonably

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necessary for this Action and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);

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

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

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

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(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;

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

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

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requests that the witness sign the “Acknowledgment and Agreement to Be Bound”

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CASE NO. 2:17-CV-05879 DMG (JCx)
STIPULATED PROTECTIVE ORDER

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(Exhibit A); and (2) they will not be permitted to keep any confidential information

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unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A),

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unless otherwise agreed by the Designating Party or ordered by the court. Pages of

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transcribed deposition testimony or exhibits to depositions that reveal Protected

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

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anyone except as permitted under this Protective Order; and
(i) any mediator or settlement officer, and their supporting personnel,

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mutually agreed upon by any of the parties engaged in settlement discussions.
7.3

Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

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ONLY” Information or Items. Unless otherwise ordered by the court or permitted in

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writing by the Designating Party, a Receiving Party may disclose any information or

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item designated “CONFIDENTIAL” only to:

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

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

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to disclose the information for this Action;

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(b)

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

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

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

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(c) the court and its personnel;

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(d) private court reporters and their staff to whom disclosure is reasonably

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necessary for this Action and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);

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(e)

professional jury or trial consultants, mock jurors, and Professional

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

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

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(f) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information; and
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CASE NO. 2:17-CV-05879 DMG (JCx)
STIPULATED PROTECTIVE ORDER

(g)

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any mediator or settlement officer, and their supporting personnel,

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

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PROTECTED

MATERIAL

SUBPOENAED

OR

ORDERED

PRODUCED IN OTHER LITIGATION

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

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6

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

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“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

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ONLY” or “PRIVILEGED/WORK PRODUCT” that Party must:
(a) promptly notify in writing the Designating Party. Such notification

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shall include a copy of the subpoena or court order unless prohibited by law;

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

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

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

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a copy of this Protective Order; and
(c)

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cooperate with respect to all reasonable procedures sought to be

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

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

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

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action as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL -- ATTORNEYS’

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EYES ONLY” or “PRIVILEGED/WORK PRODUCT” before a determination by

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the court from which the subpoena or order issued, unless the Party has obtained the

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Designating Party’s permission, or unless otherwise required by the law or court

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order.

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protection in that court of its confidential or privileged material and nothing in these

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provisions should be construed as authorizing or encouraging a Receiving Party in

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this Action to disobey a lawful directive from another court.

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The Designating Party shall bear the burden and expense of seeking

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CASE NO. 2:17-CV-05879 DMG (JCx)
STIPULATED PROTECTIVE ORDER

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9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION

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

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Non-Party in this Action and designated as “CONFIDENTIAL,” “HIGHLY

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CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” or “PRIVILEGED/WORK

6

PRODUCT.” Such information produced by Non-Parties in connection with this

7

litigation is protected by the remedies and relief provided by this Order. Nothing in

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these provisions should be construed as prohibiting a Non-Party from seeking

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additional protections.

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

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produce a Non-Party’s confidential or privileged information in its possession, and

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

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Party’s confidential or privileged information, then the Party shall:

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(1) promptly notify in writing the Requesting Party and the Non-Party

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

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privilege agreement with a Non-Party;

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

18

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

19

specific description of the information requested; and

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

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(c) If a Non-Party represented by counsel fails to commence the process

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called for by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the

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notice and accompanying information or fails contemporaneously to notify the

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Receiving Party that it has done so, the Receiving Party may produce the Non-

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Party’s confidential or privileged information responsive to the discovery request. If

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an unrepresented Non-Party fails to seek a protective order from this court within 14

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CASE NO. 2:17-CV-05879 DMG (JCx)
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days of receiving the notice and accompanying information, the Receiving Party

2

may produce the Non-Party’s confidential or privileged information responsive to

3

the discovery request.

4

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

5

subject to the confidentiality or privilege agreement with the Non-Party before a

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determination by the court unless otherwise required by the law or court order.

7

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

8

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

9

10.

If the Non-Party timely seeks a protective order, the

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

10

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

11

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

12

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

13

Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

14

all unauthorized copies of the Protected Material, (c) inform the person or persons to

15

whom unauthorized disclosures were made of all the terms of this Order, and

16

(d) request such person or persons to execute the “Acknowledgment and Agreement

17

to Be Bound” (Exhibit A).

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19

11.

PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL

20

When a Producing Party gives notice to Receiving Parties that certain

21

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

22

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

23

Procedure 26(b)(5)(B).

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

25

without prior privilege review.

This provision is not intended to modify whatever

26

Pursuant to Federal Rule of Evidence 502(d) and (e), no production or

27

disclosure of any information or items designated in this Action as

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“PRIVILEGED/WORK PRODUCT” shall constitute a waiver of any privilege or

2

protection with respect to that information or those items; any communications or

3

documents relating to the subject matter of that information or those items; or any

4

other communications or documents relating to the parties who sent or received or

5

are named in that information or those items. Accordingly, as is set forth explicitly

6

in Federal Rule of Evidence 502(d) and (e), the production and disclosure of any

7

information or items designated in this Action as “PRIVILEGED/WORK

8

PRODUCT” shall not constitute a waiver of any privilege or protection in this

9

Action or any other federal or state proceeding and the non-waiver provided for in

10

this Stipulated Protective Order shall be binding forever on each and every Party

11

and Non-Party who has existed, exists or will exist at any time. Without limiting the

12

foregoing, the existence of this Stipulated Protective Order shall not in any way

13

impair or affect the legal right of the Designating Party of information or items

14

designated in this Action as “PRIVILEGED/WORK PRODUCT” to assert privilege

15

claims for the information or items produced in any other actions, shall not effect a

16

waiver, and shall not be used to argue that any waiver of any privilege or protection

17

has occurred by virtue of any disclosure or production of this information and these

18

items in this Action or any other litigation or proceeding.

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12.

MISCELLANEOUS

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

21

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

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12.2 Right to Assert Other Objections.

No Party waives any right it

23

otherwise would have to object to disclosing or producing any information or item

24

on any ground. Similarly, no Party waives any right to object on any ground to use

25

in evidence of any of the material covered by this Stipulated Protective Order.

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12.3 Filing Protected Material.

A Party that seeks to file under seal any

Protected Material must comply with Civil Local Rule 79-5 and with any pertinent
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CASE NO. 2:17-CV-05879 DMG (JCx)
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orders of the assigned District Judge and Magistrate Judge. Protected Material may

2

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

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specific Protected Material at issue. If a Party’s request to file Protected Material

4

under seal is denied by the court, then the Receiving Party may file the information

5

in the public record unless otherwise instructed by the court.

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13.

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

8

days of a written request by the Designating Party, each Receiving Party must return

9

all Protected Material to the Producing Party or destroy such material. As used in

10

this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

11

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

12

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

13

Party must submit a written certification to the Producing Party (and, if not the same

14

person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

15

(by category, where appropriate) all the Protected Material that was returned or

16

destroyed and (2) affirms that the Receiving Party has not retained any copies,

17

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

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of the Protected Material. Notwithstanding this provision, Counsel are entitled to

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

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

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

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

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

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Section 4.

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///

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///

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///

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FINAL DISPOSITION

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CASE NO. 2:17-CV-05879 DMG (JCx)
STIPULATED PROTECTIVE ORDER

1

14.

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

2

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

3

sanctions.

4

IT IS SO STIPULATED.

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QUINN EMANUEL URQUHART
& SULLIVAN, LLP

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7

Dated: April 27, 2018

By:

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9
10

/s/ Sarah Dubina
Sarah Dubina
Attorneys for Plaintiff,
Wine Education Council, Inc.

POINDEXTER & DOUTRÉ, INC.

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12

Dated: April 27, 2018

By:

/s/ Daniel C. Drummy
Daniel C. Drummy
Attorneys for Defendant,
San Pasqual Fiduciary Trust Company

13
14

PRICE, POSTEL & PARMA, LLC

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Dated: April 27, 2018

By:

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FREEMAN, FREEMAN
& SMILEY, LLP

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21

Dated: April 27, 2018

By:

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23
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/s/ Todd A. Amspoker
Todd A. Amspoker
Attorneys for Defendant,
Peter Hilf, an Individual

/s/ Todd M. Lander
Todd M. Lander
Attorneys for Defendant,
Jane Rodgers

IT IS SO ORDERED.
DATED: May 2, 2018

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/s/ Jacqueline Chooljian
HON. JACQUELINE CHOOLJIAN,
United States Magistrate Judge

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28

16

CASE NO. 2:17-CV-05879 DMG (JCx)
STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

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_________________ [print or type full address], declare under penalty of perjury

5

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

6

was issued by the United States District Court for the Central District of California

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on May 2, 2018 in the case of WINE EDUCATION COUNCIL, INC. vs. SAN

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PASQUAL FIDUCIARY TRUST COMPANY, et al., United States District Court

9

for the Central District of California Case Number 2:17-cv-05879 DMG (JCx). I

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agree to comply with and to be bound by all the terms of this Stipulated Protective

11

Order and I understand and acknowledge that failure to so comply could expose me

12

to sanctions and punishment in the nature of contempt. I solemnly promise that I

13

will not disclose in any manner any information or item that is subject to this

14

Stipulated Protective Order to any person or entity except in strict compliance with

15

the provisions of this Order.

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

17

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

18

Stipulated Protective Order, even if such enforcement proceedings occur after

19

termination of this action. I hereby appoint __________________________ [print

20

or type full name] of _______________________________________ [print or type

21

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

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

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Protective Order.

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Date: ______________________________________

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City and State where sworn and signed: _________________________________

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Printed name: _______________________________

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Signature: __________________________________

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17

CASE NO. 2:17-CV-05879 DMG (JCx)
STIPULATED PROTECTIVE ORDER