BrightView Landscapes, LLC v. Martin L. Stowell

Filing 34

STIPULATED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Stipulation for Protective Order 33 . (ec)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 11 BRIGHTVIEW LANDSCAPES, LLC and BRIGHTVIEW LANDSCAPE SERVICES, INC., Plaintiffs, 12 v. 13 14 Case No. 2:17-CV-08317 FMO (GJSx) STIPULATED PROTECTIVE ORDER MARTIN L. STOWELL, Defendant. 15 16 17 1. A. PURPOSES AND LIMITATIONS 18 Discovery in this action is likely to involve production of confidential, 19 proprietary or private information for which special protection from public 20 disclosure and from use for any purpose other than prosecuting this litigation may 21 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 22 enter the following Stipulated Protective Order. The parties acknowledge that this 23 Order does not confer blanket protections on all disclosures or responses to 24 discovery and that the protection it affords from public disclosure and use extends 25 only to the limited information or items that are entitled to confidential treatment 26 under the applicable legal principles. 27 28 1 2 B. GOOD CAUSE STATEMENT 3 Plaintiffs have alleged in this action that Defendant has misappropriated its 4 trade secrets, customer and pricing lists and other valuable research, development, 5 commercial, financial, technical and/or proprietary information for which special 6 protection from public disclosure and from use for any purpose other than 7 prosecution of this action is warranted. Such confidential and proprietary materials 8 and information consist of, among other things, confidential business or financial 9 information, information regarding confidential business practices, or other 10 confidential research, development, or commercial information (including 11 information implicating privacy rights of third parties), information otherwise 12 generally unavailable to the public, or which may be privileged or otherwise 13 protected from disclosure under state or federal statutes, court rules, case decisions, 14 or common law. Accordingly, to expedite the flow of information, to facilitate the 15 prompt resolution of disputes over confidentiality of discovery materials, to 16 adequately protect information the parties are entitled to keep confidential, to ensure 17 that the parties are permitted reasonable necessary uses of such material in 18 preparation for and in the conduct of trial, to address their handling at the end of the 19 litigation, and serve the ends of justice, a protective order for such information is 20 justified in this matter. It is the intent of the parties that information will not be 21 designated as confidential for tactical reasons and that nothing be so designated 22 without a good faith belief that it has been maintained in a confidential, non-public 23 manner, and there is good cause why it should not be part of the public record of this 24 case. Some material produced in this case may require a higher level of protection 25 due to its sensitivity, and such materials may be designated “Attorneys Eyes Only” 26 and shall be handled in the manner described below in Section 7.3. 27 28 2 1 2 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 3 The parties further acknowledge, as set forth in Section 12.3, below, that this 4 Stipulated Protective Order does not entitle them to file confidential information 5 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 6 and the standards that will be applied when a party seeks permission from the court 7 to file material under seal. There is a strong presumption that the public has a right of access to judicial 8 9 proceedings and records in civil cases. In connection with non-dispositive motions, 10 good cause must be shown to support a filing under seal. See Kamakana v. City and 11 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 12 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 13 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 14 require good cause showing), and a specific showing of good cause or compelling 15 reasons with proper evidentiary support and legal justification, must be made with 16 respect to Protected Material that a party seeks to file under seal. The parties’ mere 17 designation of Disclosure or Discovery Material as CONFIDENTIAL or 18 ATTORNEYS EYES ONLY does not—without the submission of competent 19 evidence by declaration, establishing that the material sought to be filed under seal 20 qualifies as confidential, privileged, or otherwise protectable—constitute good 21 cause. 22 Further, if a party requests sealing related to a dispositive motion or trial, then 23 compelling reasons, not only good cause, for the sealing must be shown, and the 24 relief sought shall be narrowly tailored to serve the specific interest to be protected. 25 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 26 each item or type of information, document, or thing sought to be filed or introduced 27 under seal in connection with a dispositive motion or trial, the party seeking 28 protection must articulate compelling reasons, supported by specific facts and legal 3 1 justification, for the requested sealing order. Again, competent evidence supporting 2 the application to file documents under seal must be provided by declaration. Any document that is not confidential, privileged, or otherwise protectable in 3 4 its entirety will not be filed under seal if the confidential portions can be redacted. 5 If documents can be redacted, then a redacted version for public viewing, omitting 6 only the confidential, privileged, or otherwise protectable portions of the document, 7 shall be filed. Any application that seeks to file documents under seal in their 8 entirety should include an explanation of why redaction is not feasible. 9 10 2. DEFINITIONS 11 2.1 Action: This pending federal lawsuit. 12 2.2 Challenging Party: a Party or Non-Party that challenges the 13 14 designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 15 how it is generated, stored or maintained) or tangible things that qualify for 16 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 17 the Good Cause Statement. 18 19 20 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or 21 items produced in disclosures or in responses to discovery as “CONFIDENTIAL.” 22 A Receiving Party may designate documents produced by another party as 23 Confidential. 24 2.6 Disclosure or Discovery Material: all items or information, regardless 25 of the medium or manner in which it is generated, stored, or maintained (including, 26 among other things, testimony, transcripts, and tangible things), that are produced or 27 generated in disclosures or responses to discovery in this matter. 28 2.7 Expert: a person with specialized knowledge or experience in a matter 4 1 pertinent to the litigation who has been retained by a Party or its counsel to serve as 2 an expert witness or as a consultant in this Action. 2.8 3 House Counsel: attorneys who are employees of a party to this Action. 4 House Counsel does not include Outside Counsel of Record or any other outside 5 counsel. 2.9 6 7 Non-Party: any natural person, partnership, corporation, association or other legal entity not named as a Party to this action. 2.10 Outside Counsel of Record: attorneys who are not employees of a 8 9 party to this Action but are retained to represent or advise a party to this Action and 10 have appeared in this Action on behalf of that party or are affiliated with a law firm 11 that has appeared on behalf of that party, and includes support staff. 2.11 Party: any party to this Action, and in the event that the party is a 12 13 corporate entity, this includes all of its officers, directors, employees, consultants, 14 retained experts, and Outside Counsel of Record (and their support staffs). 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 15 16 Discovery Material in this Action. 17 2.13 Professional Vendors: persons or entities that provide litigation 18 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 19 demonstrations, and organizing, storing, or retrieving data in any form or medium) 20 and their employees and subcontractors. 2.14 Protected Material: any Disclosure or Discovery Material that is 21 22 designated as “CONFIDENTIAL.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery 23 24 Material from a Producing Party. 25 26 3. SCOPE 27 The protections conferred by this Stipulation and Order cover not only 28 Protected Material (as defined above), but also (1) any information copied or 5 1 extracted from Protected Material; (2) all copies, excerpts, summaries, or 2 compilations of Protected Material; and (3) any testimony, conversations, or 3 presentations by Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the 4 5 trial judge. This Order does not govern the use of Protected Material at trial. 6 7 4. Once a case proceeds to trial, information that was designated as 8 9 DURATION CONFIDENTIAL or maintained pursuant to this protective order used or introduced 10 as an exhibit at trial becomes public and will be presumptively available to all 11 members of the public, including the press, unless compelling reasons supported by 12 specific factual findings to proceed otherwise are made to the trial judge in advance 13 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 14 showing for sealing documents produced in discovery from “compelling reasons” 15 standard when merits-related documents are part of court record). Accordingly, the 16 terms of this protective order do not extend beyond the commencement of the trial. 17 The parties agree that they will work together to ensure that Protected Material is 18 not disclosed at trial without prior notice and opportunity to provide the trial judge 19 with the factual findings to support its exclusion, redaction or other protection at 20 trial. 21 22 23 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 24 Each Party or Non-Party that designates information or items for protection under 25 this Order must take care to limit any such designation to specific material that 26 qualifies under the appropriate standards. The Designating Party must designate for 27 protection only those parts of material, documents, items or oral or written 28 communications that qualify so that other portions of the material, documents, items 6 1 or communications for which protection is not warranted are not swept unjustifiably 2 within the ambit of this Order. 3 Mass, indiscriminate or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper 5 purpose (e.g., to unnecessarily encumber the case development process or to impose 6 unnecessary expenses and burdens on other parties) may expose the Designating 7 Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 designated for protection do not qualify for protection, that Designating Party must 10 promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in 12 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 14 under this Order must be clearly so designated before the material is disclosed or 15 produced or as promptly as possible if designated by the Receiving Party. 16 Designation in conformity with this Order requires: 17 (a) for information in documentary form (e.g., paper or electronic 18 documents, but excluding transcripts of depositions or other pretrial or trial 19 proceedings), that the Producing Party affix at a minimum, the legend 20 “CONFIDENTIAL” or “ATTORNEYS EYES ONLY” to each page that contains 21 protected material. If only a portion of the material on a page qualifies for 22 protection, the Producing Party also must clearly identify the protected portion(s) 23 (e.g., by making appropriate markings in the margins). 24 A Party or Non-Party that makes original documents available for inspection 25 need not designate them for protection until after the inspecting Party has indicated 26 which documents it would like copied and produced. During the inspection and 27 before the designation, all of the material made available for inspection shall be 28 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 7 1 documents it wants copied and produced, the Producing Party must determine which 2 documents, or portions thereof, qualify for protection under this Order. Then, 3 before producing the specified documents, the Producing Party must affix the 4 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 5 portion of the material on a page qualifies for protection, the Producing Party also 6 must clearly identify the protected portion(s) (e.g., by making appropriate markings 7 in the margins). (b) for testimony given in depositions such testimony will be deemed 8 9 provisionally protected for a period of 30 days after the transcript is released to the 10 parties by the court reporter, although the parties may agree at any time to different 11 timelines of provisional protection of information as Confidential. To retain any 12 designations beyond the provisional period, a Designating Party must designate in 13 writing the specific pages and lines of deposition testimony before the provisional 14 period has expired. In circumstances where portions of the deposition testimony are 15 designated for protection, the transcript pages containing “CONFIDENTIAL” 16 Information may be separately bound by the court reporter, who must affix to the 17 top of each page the legend “CONFIDENTIAL,” as instructed by the Designating 18 Party. 19 (c) for information produced in some form other than documentary and 20 for any other tangible items, that the Producing Party affix in a prominent place on 21 the exterior of the container or containers in which the information is stored the 22 legend “CONFIDENTIAL.” If only a portion or portions of the information 23 warrants protection, the Producing Party, to the extent practicable, shall identify the 24 protected portion(s). 25 (d) for information the Producing Party has produced without a 26 “CONFIDENTIAL” designation, but for which the Receiving Party has a good faith 27 basis to believe constitute its “CONFIDENTIAL” Information or Items, the 28 Receiving Party must, within five (5) days of production, identify in writing the 8 1 protected portions of the information (by bates number, or other clear description), 2 and shall at the same time, to the extent possible, produce copies of the prior- 3 produced information or item bearing a “CONFIDENTIAL” legend. The Parties 4 will use the “CONFIDENTIAL”-designated copy of the item or information in lieu 5 of the undesignated item or information for all purposes in the Action, unless or 6 until the item is de-designated pursuant to the terms of this Order. 5.3 7 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 material. 10 Upon timely correction of a designation, the Receiving Party must make reasonable 11 efforts to assure that the material is treated in accordance with the provisions of this 12 Order. 13 14 15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 16 designation of confidentiality at any time that is consistent with the Court’s 17 Scheduling Order. 18 19 20 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 6.3 The burden of persuasion in any such challenge proceeding shall be on 21 the Designating Party. Frivolous challenges, and those made for an improper 22 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 23 parties) may expose the Challenging Party to sanctions. Unless the Designating 24 Party has waived or withdrawn the confidentiality designation, all parties shall 25 continue to afford the material in question the level of protection to which it is 26 entitled under the Producing Party’s designation until the Court rules on the 27 challenge. 28 9 1 2 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the Action has been terminated, a 7 Receiving Party must comply with the provisions of section 13 below (FINAL 8 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 Party may disclose any information or item designated 15 “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 17 well as employees of said Outside Counsel of Record to whom it is reasonably 18 necessary to disclose the information for this Action; 19 (b) if the Receiving Party is a corporate entity, to the officers, directors, 20 and employees (including House Counsel) of the Receiving Party to whom 21 disclosure is reasonably necessary for this Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to whom 23 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 Professional 28 Vendors to whom disclosure is reasonably necessary for this Action and who have 10 1 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2 (g) during their depositions, witnesses, and attorneys for witnesses, in the 3 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 4 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 5 not be permitted to keep any confidential information unless they sign the 6 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 7 agreed by the Designating Party or ordered by the court. Pages of transcribed 8 deposition testimony or exhibits to depositions that reveal Protected Material may 9 be separately bound by the court reporter and may not be disclosed to anyone except 10 as permitted under this Stipulated Protective Order; and (h) any mediator or settlement officer, and their supporting personnel, 11 12 13 mutually agreed upon by any of the parties engaged in settlement discussions. 7.3 Disclosure of “ATTORNEYS EYES ONLY” Information or Items. 14 Unless otherwise ordered by the court or permitted in writing by the Designating 15 Party, a Receiving Party may disclose any information or item designated 16 “Attorneys Eyes Only” only to: 17 (a) The Court, its personnel, and court reporters; 18 (b) Counsel of record for any party in this action and their employees who 19 20 21 assist counsel of record and who are informed of their obligations under this Order; (c) In-house counsel for any party in this action, so long as each such counsel has signed the Undertaking attached hereto as Exhibit A; 22 (d) Experts or consultants employed by the parties or their counsel for 23 purposes of this action, so long as each such expert or consultant has signed 24 the Undertaking attached hereto as Exhibit A; and 25 26 (e) Other witnesses or persons, with the Designating Party’s consent or by court order. 27 28 11 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating Party. Such notification 6 7 shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order 8 9 to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall include 11 a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be 12 13 pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with 14 15 the subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” before a determination by the court from which the 17 subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking 19 protection in that court of its confidential material and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this Action 21 to disobey a lawful directive from another court. 22 23 24 25 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a 26 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 27 produced by Non-Parties in connection with this litigation is protected by the 28 remedies and relief provided by this Order. Nothing in these provisions should be 12 1 construed as prohibiting a Non-Party from seeking additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to 3 produce a Non-Party’s confidential information in its possession, and the Party is 4 subject to an agreement with the Non-Party not to produce the Non-Party’s 5 confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party 6 7 that some or all of the information requested is subject to a confidentiality 8 agreement with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated 9 10 Protective Order in this Action, the relevant discovery request(s), and a reasonably 11 specific description of the information requested; and (3) make the information requested available for inspection by the 12 13 Non-Party, if requested. 14 (c) If the Non-Party fails to seek a protective order from this court within 15 14 days of receiving the notice and accompanying information, the Receiving Party 16 may produce the Non-Party’s confidential information responsive to the discovery 17 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 18 not produce any information in its possession or control that is subject to the 19 confidentiality agreement with the Non-Party before a determination by the court. 20 Absent a court order to the contrary, the Non-Party shall bear the burden and 21 expense of seeking protection in this court of its Protected Material. 22 23 24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 27 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 28 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 13 1 persons to whom unauthorized disclosures were made of all the terms of this Order, 2 and (d) request such person or persons to execute the “Acknowledgment and 3 Agreement to Be Bound” that is attached hereto as Exhibit A. Failure to adhere to 4 these procedures or upon a finding that the Protected Material was not adequately 5 protected or intentionally disclosed may result in the imposition of sanctions. 6 7 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 8 PROTECTED MATERIAL 9 When a Producing Party gives notice to Receiving Parties that certain 10 inadvertently produced material is subject to a claim of privilege or other protection, 11 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 12 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 13 procedure may be established in an e-discovery order that provides for production 14 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 15 (e), insofar as the parties reach an agreement on the effect of disclosure of a 16 communication or information covered by the attorney-client privilege or work 17 product protection, the parties may incorporate their agreement in the stipulated 18 protective order submitted to the court. 19 20 21 22 23 12. 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. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 24 Protective Order, no Party waives any right it otherwise would have to object to 25 disclosing or producing any information or item on any ground not addressed in this 26 Stipulated Protective Order. Similarly, no Party waives any right to object on any 27 ground to use in evidence of any of the material covered by this Protective Order. 28 12.3 Filing Protected Material. A Party that seeks to file under seal any 14 1 Protected Material must comply with Local Civil Rule 79-5. Protected Material 2 may only be filed under seal pursuant to a court order authorizing the sealing of the 3 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. 12.4 Filing Protected Material. A Receiving Party that seeks to file any 6 7 Protected Material of the other party without sealing must first provide notice to the 8 Producing Party of its intent to file Protected Material and must provide ample time, 9 and in no event less than five business days, for the Producing Party to file a motion 10 to seal or otherwise reach an agreement to protect the Protected Material. 11 12 13 13. FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 30 14 days of a written request by the Designating Party, each Receiving Party must return 15 all Protected Material to the Producing Party or destroy such material. As used in 16 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 17 summaries, and any other format reproducing or capturing any of the Protected 18 Material. Whether the Protected Material is returned or destroyed, the Receiving 19 Party must submit a written certification to the Producing Party (and, if not the same 20 person or entity, to the Designating Party) by the 30 day deadline that (1) identifies 21 (by category, where appropriate) all the Protected Material that was returned or 22 destroyed and (2) affirms that the Receiving Party has not retained any copies, 23 abstracts, compilations, summaries or any other format reproducing or capturing any 24 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 25 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 26 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 27 reports, attorney work product, and consultant and expert work product, even if such 28 materials contain Protected Material. Any such archival copies that contain or 15 1 constitute Protected Material remain subject to this Protective Order as set forth in 2 Section 4 (DURATION). 3 4 14. VIOLATION 5 Any violation of this Order may be punished by appropriate measures including, 6 without limitation, contempt proceedings and/or monetary sanctions. 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 8 9 10 DATED: January 5, 2018 GREENBERG TRAURIG, LLP 11 By: _/s/ Ryan C. Bykerk_______________ Shira R. Yoshor Ryan C. Bykerk Attorneys for Plaintiffs 12 13 14 15 DATED: January 5, 2018 LANG, HANIGAN & CARVALHO, LLP 16 By: _/s/_Arthur Carvalho, Jr.____________ Arthur Carvalho, Jr. Attorneys for Defendant 17 18 19 20 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 21 22 DATED: January 9, 2018 23 24 25 26 _____________________________________ GAIL J. STANDISH UNITED STATES MAGISTRATE JUDGE 27 28 16 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [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 ___________ [insert formal name of the case and the 9 number and initials assigned to it by the court]. I agree to comply with and to be 10 bound by all the terms of this Stipulated Protective Order and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and punishment 12 in the nature of contempt. I solemnly promise that I will not disclose in any manner 13 any information or item that is subject to this Stipulated Protective Order to any 14 person or entity except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. 18 I hereby appoint __________________________ [print or type full 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: __________________________________ 17

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