Webullient Inc. v. Gregory Strickler

Filing 27

STIPULATED PROTECTIVE ORDER by Magistrate Judge Patrick J. Walsh. 26 (sbou)

1 STEVEN T. GEBELIN (SBN 261507)
[e-mail]
2
SYVERSON, LESOWITZ & GEBELIN LLP
3 2029 Century Park East, Suite 2910
Los Angeles, California 90067
4
Telephone: [phone]
5 Facsimile: [phone]
6

Attorneys for Plaintiff and Counter7 Defendant Webullient, Inc. and CounterDefendants Chad Grohman, FIIK Holdings,
8 LLC, Transparent Media Ventures, LLC,
and The Search Agents, LLC
9
UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA

11
12
13
14
15
16
17

Webullient, Inc.
Plaintiff,
v.
Gregory Strickler
Defendant.

Case No.: 2:17-7294 SJO (PJW)
Chief Magistrate Judge Hon. Patrick
J. Walsh
STIPULATED PROTECTIVE
ORDER

Action Filed: August 22, 2017

18
19
20 and related Counter-claims
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25
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Webullient, Inc. v. Gregory Strickler
USDC, Case No.: 2:17-7294 SJO (PJW)

STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

1 1
2

A. PURPOSES AND LIMITATIONS
1.

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

3 proprietary, or private information for which special protection from public
4 disclosure and from use for any purpose other than prosecuting this litigation may
5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6 enter the following Stipulated Protective Order. The parties acknowledge that this
7 Order does not confer blanket protections on all disclosures or responses to
8 discovery and that the protection it affords from public disclosure and use extends
9 only to the limited information or items that are entitled to confidential treatment
10 under the applicable legal principles. The parties further acknowledge, as set forth in
11 Section 12.3, below, that this Stipulated Protective Order does not entitle them to
12 file confidential information under seal; Civil Local Rule 79-5 sets forth the
13 procedures that must be followed and the standards that will be applied when a party
14 seeks permission from the court to file material under seal.
15

B. GOOD CAUSE STATEMENT

16

This action arises from Plaintiff Webullient, Inc.’s allegations that its former

17 employee, Defendant Gregory Strickler, sabotaged its software code, and
18 misappropriated its trade secrets, code, and other confidential information for his
19 own benefit. Mr. Strickler has cross-claimed that he was improperly denied a buyout
20 of his Class B shares in FIIK by the other equity owner, Chad Grohman; that
21 Grohman breached his fiduciary duties to Strickler and the Companies by denying
22 Strickler distributions from third party defendant, TSA, refusing to provide Strickler
23 access to the books and records of Webullient, FIIK, TMV, the Consolidated
24 Companies, and TSA, and misappropriating company funds. Because Webullient,
25 Inc. alleges it owns trade secrets that are valuable and would enable Strickler to set
26 up a direct competitor to Webullient and related companies, and because the
27 allegations at issue involve confidential and proprietary information and contracts,
28 as well as the individual parties’ private financial information, this action is likely to
Webullient, Inc. v. Gregory Strickler
USDC, Case No.: 2:17-7294 SJO (PJW)

1

STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

1 involve alleged trade secrets, customer and pricing lists and other valuable research,
2 development, commercial, financial, technical and/or proprietary information for
3 which special protection from public disclosure and from use for any purpose other
4 than prosecution of this action is warranted. Such confidential and proprietary
5 materials and information consist of, among other things, confidential business or
6 financial information, information regarding confidential business practices, or other
7 confidential research, development, or commercial information (including
8 information implicating privacy rights of individuals and third parties), information
9 otherwise generally unavailable to the public, or which may be privileged or
10 otherwise protected from disclosure under state or federal statutes, court rules, case
11 decisions, or common law. Accordingly, to expedite the flow of information, to
12 facilitate the prompt resolution of disputes over confidentiality of discovery
13 materials, to adequately protect information the parties are entitled to keep
14 confidential, to ensure that the parties are permitted reasonable necessary uses of
15 such material in preparation for and in the conduct of trial, to address their handling
16 at the end of the litigation, and serve the ends of justice, a protective order for such
17 information is justified in this matter. It is the intent of the parties that information
18 will not be designated as confidential for tactical reasons and that nothing be so
19 designated without a good faith belief that it has been maintained in a confidential,
20 non-public manner, and there is good cause why it should not be part of the public
21 record of this case.
22 2

DEFINITIONS

23

2.1

Action: this pending federal law suit.

24

2.2

Challenging Party:

25

designation of information or items under this Order.

26

2.3

27

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

a Party or Non-Party that challenges the

“CONFIDENTIAL” Information or Items: information (regardless of

28
Webullient, Inc. v. Gregory Strickler
USDC, Case No.: 2:17-7294 SJO (PJW)

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

1

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

2

above in the Good Cause Statement.

3

2.4

4

their support staff).

5

2.5

6

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

7

“CONFIDENTIAL.” or “HIGHLY CONFIDENTIAL”

8

2.6

9

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

10

(including, among other things, testimony, transcripts, and tangible things),

11

that are produced or generated in disclosures or responses to discovery in this

12

matter.

13

2.7

14

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

15

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

16

2.8

17

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

18

qualify for protection under Federal Rule of Civil Procedure 26(c), and as

19

specified above in the Good Cause Statement which belongs to a Designating

20

Party who believes in good faith that the Disclosure of such information to

21

another Party or non-Party would create a substantial risk of serious financial

22

or other injury that cannot be avoided by less restrictive means.

23

2.9

24

Information, as defined below, designated as “Highly Confidential” pursuant

25

to the provisions of this Stipulation and Protective Order.

26

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

27

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

28

outside counsel.

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

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

Disclosure or Discovery Material: all items or information, regardless

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

“HIGHLY CONFIDENTIAL” Information or Items: information

Highly Confidential Materials means any Documents, Testimony, or

Webullient, Inc. v. Gregory Strickler
USDC, Case No.: 2:17-7294 SJO (PJW)

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

1

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

2

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

3

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

4

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

5

Action and have appeared in this Action on behalf of that party or are

6

affiliated with a law firm which has appeared on behalf of that party, and

7

includes support staff.

8

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

9

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

10

their support staffs).

11

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

12

Discovery Material in this Action.

13

2.15 Professional Vendors:

14

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

15

exhibits or demonstrations, and organizing, storing, or retrieving data in any

16

form or medium) and their employees and subcontractors.

17

2.16 Protected Material:

18

designated as “CONFIDENTIAL.” or “HIGHLY CONFIDENTIAL”

19

2.17 Receiving Party:

20

Material from a Producing Party.

persons or entities that provide litigation

any Disclosure or Discovery Material that is

a Party that receives Disclosure or Discovery

21
22 3
23

SCOPE
The protections conferred by this Stipulation and Order cover not only

24 Protected Material (as defined above), but also (1) any information copied or
25 extracted from Protected Material; (2) all copies, excerpts, summaries, or
26 compilations of Protected Material; and (3) any testimony, conversations, or
27 presentations by Parties or their Counsel that might reveal Protected Material.
28
Webullient, Inc. v. Gregory Strickler
USDC, Case No.: 2:17-7294 SJO (PJW)

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

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

1

2 trial judge. This Order does not govern the use of Protected Material at trial.
3 4

DURATION
Even after final disposition of this litigation, the confidentiality obligations

4

5 imposed by this Order shall remain in effect until a Designating Party agrees
6 otherwise in writing or a court order otherwise directs. Final disposition shall be
7 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
8 or without prejudice; and (2) final judgment herein after the completion and
9 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
10 including the time limits for filing any motions or applications for extension of time
11 pursuant to applicable law.
12 5
13

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

14 Each Party or Non-Party that designates information or items for protection under
15 this Order must take care to limit any such designation to specific material that
16 qualifies under the appropriate standards. The Designating Party must designate for
17 protection only those parts of material, documents, items, or oral or written
18 communications that qualify so that other portions of the material, documents,
19 items, or communications for which protection is not warranted are not swept
20 unjustifiably within the ambit of this Order.
21

Mass, indiscriminate, or routinized designations are prohibited. Designations

22 that are shown to be clearly unjustified or that have been made for an improper
23 purpose (e.g., to unnecessarily encumber the case development process or to impose
24 unnecessary expenses and burdens on other parties) may expose the Designating
25 Party to sanctions.
26

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

27 designated for protection do not qualify for protection, that Designating Party must
28 promptly notify all other Parties that it is withdrawing the inapplicable designation.
Webullient, Inc. v. Gregory Strickler
USDC, Case No.: 2:17-7294 SJO (PJW)

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

1

5.2

Manner and Timing of Designations. Except as otherwise provided in

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

Designation in conformity with this Order requires:

7

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

8

but excluding transcripts of depositions or other pretrial or trial proceedings),

9

that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” or

10

“HIGHLY CONFIDENTIAL” (hereinafter “CONFIDENTIAL” or “HIGHLY

11

CONFIDENTIAL” legend), to each page that contains protected material. If

12

only a portion or portions of the material on a page qualifies for protection, the

13

Producing Party also must clearly identify the protected portion(s) (e.g., by

14

making appropriate markings in the margins).

15

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

16

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

17

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

18

inspection and before the designation, all of the material made available for

19

inspection

20

CONFIDENTIAL.” After the inspecting Party has identified the documents it

21

wants copied and produced, the Producing Party must determine which

22

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

23

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

24

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL legend” to each page that

25

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

26

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

27

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

shall

be

deemed

“CONFIDENTIAL”

or

“HIGHLY

28
Webullient, Inc. v. Gregory Strickler
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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

1

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

2

identify the Disclosure or Discovery Material on the record, before the close

3

of the deposition all protected testimony.

4

8

(c) for information produced in some form other than documentary
and for any other tangible items, that the Producing Party affix in a prominent
place on the exterior of the container or containers in which the information is
stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If
only a portion or portions of the information warrants protection, the
Producing Party, to the extent practicable, shall identify the protected
portion(s).

9

5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

5
6
7

10 failure to designate qualified information or items does not, standing alone, waive
11 the Designating Party’s right to secure protection under this Order for such material.
12 Upon timely correction of a designation, the Receiving Party must make reasonable
13 efforts to assure that the material is treated in accordance with the provisions of this
14 Order.
15 6 CHALLENGING CONFIDENTIALITY DESIGNATIONS
16

6.1

Timing of Challenges.

Any Party or Non-Party may challenge a

17 designation of confidentiality at any time that is consistent with the Court’s
18 Scheduling Order.
19

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

20 resolution process under Local Rule 37.1 et seq.
21
6.3 The burden of persuasion in any such challenge proceeding shall be on
22 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
28
Webullient, Inc. v. Gregory Strickler
USDC, Case No.: 2:17-7294 SJO (PJW)

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

1 entitled under the Producing Party’s designation until the Court rules on the
2 challenge.
6.4

3

Exercise of Restraint and Care in Designating Material for Protection.

4 Each Party or Non-Party that designates information or items for protection under
5 this Order must take care to limit any such designation to specific material that
6 qualifies under the appropriate standards. The Designating Party must designate for
7 protection only those parts of material, documents, items, or oral or written
8 communications that qualify so that other portions of the material, documents,
9 items, or communications for which protection is not warranted are not swept
10 unjustifiably within the ambit of this Order.
11 7
12

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

13 disclosed or produced by another Party or by a Non-Party in connection with this
14 Action only for prosecuting, defending, or attempting to settle this Action. Such
15 Protected Material may be disclosed only to the categories of persons and under the
16 conditions described in this Order. When the Action has been terminated, a
17 Receiving Party must comply with the provisions of section 13 below (FINAL
18 DISPOSITION).
19

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

20 location and in a secure manner that ensures that access is limited to the persons
21 authorized under this Order.
22

7.2

Disclosure of “HIGHLY CONFIDENTIAL” Information or Items.

23 Unless otherwise ordered by the court or permitted in writing by the Designating
24 Party, a Receiving Party may disclose any information or item designated
25 “HIGHLY CONFIDENTIAL” only to:
26

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

27

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

28

necessary to disclose the information for this Action;
Webullient, Inc. v. Gregory Strickler
USDC, Case No.: 2:17-7294 SJO (PJW)

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

1

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

2

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

3

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

4

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

5

Vendors to whom disclosure is reasonably necessary for this Action and

6

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

7

(Exhibit A);

8

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

9

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

10
11

(e) the court and its personnel;

12

(f) court reporters and their staff;

13

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

14

mutually agreed upon by any of the parties engaged in settlement

15

discussions

16

7.3

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

Party

may

disclose

any

information

or

item

designated

19 “CONFIDENTIAL” only to:
20
21

(a) Persons to whom “HIGHLY CONFIDENTIAL” Information or Items may
be disclosed;

22

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

23

Receiving Party to whom disclosure is reasonably necessary for this

24

Action; and

25

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

26

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

27

deposing party requests that the witness sign the form attached as Exhibit

28

1 hereto; and (2) they will not be permitted to keep any confidential
Webullient, Inc. v. Gregory Strickler
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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

1

information unless they sign the “Acknowledgment and Agreement to Be

2

Bound” (Exhibit A), unless otherwise agreed by the Designating Party or

3

ordered by the court. Pages of transcribed deposition testimony or exhibits

4

to depositions that reveal Protected Material may be separately bound by

5

the court reporter and may not be disclosed to anyone except as permitted

6

under this Stipulated Protective Order.

7 8

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

8

OTHER LITIGATION

9

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

10 that compels disclosure of any information or items designated in this Action as
11 “CONFIDENTIAL,” that Party must:
12

(a)

promptly notify in writing the Designating Party. Such notification

13

shall include a copy of the subpoena or court order;

14

(b)

promptly notify in writing the party who caused the subpoena or order

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

(c)

cooperate with respect to all reasonable procedures sought to be

19 pursued by the Designating Party whose Protected Material may be affected.
20

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

21 the subpoena or court order shall not produce any information designated in this
22 action as “CONFIDENTIAL” before a determination by the court from which the
23 subpoena or order issued, unless the Party has obtained the Designating Party’s
24 permission. The Designating Party shall bear the burden and expense of seeking
25 protection in that court of its confidential material and nothing in these provisions
26 should be construed as authorizing or encouraging a Receiving Party in this Action
27 to disobey a lawful directive from another court.
28
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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

1 9

A.

2

PRODUCED IN THIS LITIGATION

3

NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

(a)

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

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

(b)

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

9 produce a Non-Party’s confidential information in its possession, and the Party is
10 subject to an agreement with the Non-Party not to produce the Non-Party’s
11 confidential information, then the Party shall:
(1)

12
13

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

14
15

promptly notify in writing the Requesting Party and the Non-

confidentiality agreement with a Non-Party;
(2)

16

promptly provide the Non-Party with a copy of the Stipulated

17

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

18

reasonably specific description of the information requested; and
(3)

19

make the information requested available for inspection by the

20

Non-Party, if requested.

21

(c)

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

22 14 days of receiving the notice and accompanying information, the Receiving Party
23 may produce the Non-Party’s confidential information responsive to the discovery
24 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
25 not produce any information in its possession or control that is subject to the
26 confidentiality agreement with the Non-Party before a determination by the court.
27 Absent a court order to the contrary, the Non-Party shall bear the burden and
28 expense of seeking protection in this court of its Protected Material.
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USDC, Case No.: 2:17-7294 SJO (PJW)

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

1
2 10 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL.
3

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

4 Protected Material to any person or in any circumstance not authorized under this
5 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
6 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
7 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
8 persons to whom unauthorized disclosures were made of all the terms of this Order,
9 and (d) request such person or persons to execute the “Acknowledgment and
10 Agreement to Be Bound” that is attached hereto as Exhibit A.
11
12 11 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
13
14

PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain

15 inadvertently produced material is subject to a claim of privilege or other protection,
16 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
17 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
18 may be established in an e-discovery order that provides for production without
19 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
20 as the parties reach an agreement on the effect of disclosure of a communication or
21 information covered by the attorney-client privilege or work product protection, the
22 parties may incorporate their agreement in the stipulated protective order submitted
23 to the court.
24
25 12 MISCELLANEOUS.
26

Any Party or Non-Party may challenge a designation of confidentiality at any

27 time that is consistent with the Court’s Scheduling Order.
28
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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

1

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

2 person to seek its modification by the Court in the future.
3

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

4 Protective Order no Party waives any right it otherwise would have to object to
5 disclosing or producing any information or item on any ground not addressed in this
6 Stipulated Protective Order. Similarly, no Party waives any right to object on any
7 ground to use in evidence of any of the material covered by this Protective Order.
8

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

9 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
10 only be filed under seal pursuant to a court order authorizing the sealing of the
11 specific Protected Material at issue. If a Party's request to file Protected Material
12 under seal is denied by the court, then the Receiving Party may file the information
13 in the public record unless otherwise instructed by the court.
14
15 13 FINAL DISPOSITION.
16

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

17 days of a written request by the Designating Party, each Receiving Party must return
18 all Protected Material to the Producing Party or destroy such material. As used in
19 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
20 summaries, and any other format reproducing or capturing any of the Protected
21 Material. Whether the Protected Material is returned or destroyed, the Receiving
22 Party must submit a written certification to the Producing Party (and, if not the same
23 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
24 (by category, where appropriate) all the Protected Material that was returned or
25 destroyed and (2)affirms that the Receiving Party has not retained any copies,
26 abstracts, compilations, summaries or any other format reproducing or capturing any
27 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
28 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
Webullient, Inc. v. Gregory Strickler
USDC, Case No.: 2:17-7294 SJO (PJW)

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

1 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
2 reports, attorney work product, and consultant and expert work product, even if such
3 materials contain Protected Material. Any such archival copies that contain or
4 constitute Protected Material remain subject to this Protective Order as set forth in
5 Section 4 (DURATION).
6
7 14

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

8 measures including, without limitation, contempt proceedings and/or monetary
9 sanctions.
10
11
12

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

13
14

DATED: April 16, 2018

15
16

_____________________________________

17

Hon. Patrick J. Walsh

18

U.S. Magistrate Judge

19
20
21
22
23
24
25
26
27
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Webullient, Inc. v. Gregory Strickler
USDC, Case No.: 2:17-7294 SJO (PJW)

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

I,

_____________________________ [print or

type full

name],

5 of _________________ [print or type full address], declare under penalty of perjury
6 that I have read in its entirety and understand the Stipulated Protective Order that
7 was issued by the United States District Court for the Central District of California
8 on [date] in the case of Webullient, Inc. v. Gregory Strickler, et al., USDC, Case
9 No.: 2:17-7294 SJO (PJW). I agree to comply with and to be bound by all the terms
10 of this Stipulated Protective Order and I understand and acknowledge that failure to
11 so comply could expose me to sanctions and punishment in the nature of contempt. I
12 solemnly promise that I will not disclose in any manner any information or item that
13 is subject to this Stipulated Protective Order to any person or entity except in strict
14 compliance with the provisions of this Order. I further agree to submit to the
15 jurisdiction of the United States District Court for the Central District of California
16 for the purpose of enforcing the terms of this Stipulated Protective Order, even if
17 such enforcement proceedings occur after termination of this action.
18 appoint

__________________________

[print

or

type

full

I hereby
name]

of

19 _______________________________________ [print or type full address and
20 telephone number] as my California agent for service of process in connection with
21 this action or any proceedings related to enforcement of this Stipulated Protective
22 Order.
23

Date: ______________________________________

24

City and State where sworn and signed: _____________________________

25
26

Printed name: _______________________________

27
28

Signature: __________________________________
Webullient, Inc. v. Gregory Strickler
USDC, Case No.: 2:17-7294 SJO (PJW)

15

STIPULATION AND [PROPOSED]
PROTECTIVE ORDER