Novanta Corporation v. Jadunandan Thamotharan et al

Filing 25

STIPULATED PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams. 24 (ch)

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Steven M. Zadravecz (State Bar No. 185676)
[e-mail]
Luke W. Holladay (State Bar No. 319134)
[e-mail]
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612.4408
Telephone: [phone]
Facsimile: 949.553.7539

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Attorneys for Plaintiff NOVANTA CORPORATION

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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NOVANTA CORPORATION, a
Michigan Corporation,

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Plaintiff,

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v.

Case No. 2:18-cv-02036-DMG-PLA
STIPULATED PROTECTIVE
ORDER

JADUNANDAN THAMOTHARAN, an
individual; RADIANT VISION
SYSTEMS, LLC, a Delaware limited
liability company; and DOES 1 through
50.

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Defendants.

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1.

A.

PURPOSES AND LIMITATIONS

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

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proprietary, or private information for which special protection from public disclosure

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and from use for any purpose other than prosecuting this litigation may be warranted.

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Accordingly, the parties hereby stipulate to and petition the Court to enter the

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following Stipulated Protective Order. The parties acknowledge that this Order does

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not confer blanket protections on all disclosures or responses to discovery and that the

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protection it affords from public disclosure and use extends only to the limited

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information or items that are entitled to confidential treatment under the applicable
[PROPOSED] STIPULATED PROTECTIVE
ORDER
2:18-cv-02036-DMG-PLA

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legal principles. The parties further acknowledge, as set forth in Section 12.3, below,

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that this Stipulated Protective Order does not entitle them to file confidential

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information under seal; Civil Local Rule 79-5 sets forth the procedures that must be

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followed and the standards that will be applied when a party seeks permission from the

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court to file material under seal.

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B.

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This action is likely to involve trade secrets, customer and pricing lists and other

GOOD CAUSE STATEMENT

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valuable research, development, commercial, financial, technical, and proprietary

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information for which special protection from public disclosure and from use for any

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purpose other than prosecution of this action is warranted. Such confidential and

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proprietary materials and information consist of, among other things, confidential

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business or financial information, information regarding confidential business

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practices, or other confidential research, development, or commercial information

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(including information implicating privacy rights of third parties), information

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otherwise generally unavailable to the public, or which may be privileged or otherwise

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protected from disclosure under state or federal statutes, court rules, case decisions, or

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common law. Accordingly, to expedite the flow of information, to facilitate the

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prompt resolution of disputes over confidentiality of discovery materials, to adequately

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protect information the parties are entitled to keep confidential, to ensure that the

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parties are permitted reasonable necessary uses of such material in preparation for and

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in the conduct of trial, to address their handling at the end of the litigation, and serve

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the ends of justice, a protective order for such information is justified in this matter. It

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is the intent of the parties that information will not be designated as confidential for

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tactical reasons and that nothing be so designated without a good faith belief that it has

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been maintained in a confidential, non-public manner, and there is good cause why it

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should not be part of the public record of this case.

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

2:18-cv-02036-DMG-PLA

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2.

DEFINITIONS
2.1

Action: Novanta Corporation v. Jadunandan Thamotharan, et al., Case

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No. 2:18-cv-02036-DMG-PLA, currently pending before the U.S. District Court,

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Central District of California (Los Angeles).

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2.2

Challenging Party: A Party or Non-Party that challenges the designation

of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: Information (regardless of how

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

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

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Statement.
2.4

“ATTORNEYS’ EYES ONLY” Information or Items: CONFIDENTIAL

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information which belongs to a Designating Party who believes in good faith that the

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disclosure of such information to another Party or non-Party would create a substantial

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risk to a party’s right of non-disclosure of proprietary trade secret information within

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the meaning of the California Uniform Trade Secrets Act, Economic Espionage Act, or

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of any private, proprietary or privileged information, as recognized by applicable law.

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This may also include materials that the Designating Party has a good faith belief

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contains sensitive financial or proprietary information belonging to third parties,

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including, but not limited to, suppliers, distributors, and/or customers, and information

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belonging to any individual which is of a purely personal nature unrelated to the claims

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made in the Action.

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2.5

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

support staff).
2.6

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” or “ATTORNEYS’ EYES ONLY.”

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2.7

Disclosure or Discovery Material: All items or information, regardless of

the medium or manner in which it is generated, stored, or maintained (including,
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[PROPOSED] STIPULATED PROTECTIVE
ORDER

2:18-cv-02036-DMG-PLA

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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.

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2.8

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 an

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expert witness or as a consultant in this Action.

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2.9

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.

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2.10 Non-Party: Any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this Action.
2.11 Outside Counsel of Record: Attorneys who are not employees of a Party

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to this Action but are retained to represent or advise a Party to this Action and have

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appeared in this Action on behalf of that Party or are affiliated with a law firm that has

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appeared on behalf of that Party, including 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).

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2.13 Producing Party: A Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
2.14 Professional Vendors: Persons or entities that provide litigation support

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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) and

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their employees and subcontractors.

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2.15 Protected Material: Any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”
2.16 Receiving Party: A Party that receives Disclosure or Discovery Material
from a Producing Party.

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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3.

2

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

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

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

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Protected Material; and (3) any testimony, conversations, or presentations by Parties or

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their Counsel that might reveal Protected Material.

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

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

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4.

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DURATION
Once a case proceeds to trial, all of the court-filed information to be introduced

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that was previously designated as confidential or maintained pursuant to this protective

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order becomes public and will be presumptively available to all members of the public,

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including the press, unless compelling reasons supported by specific factual findings to

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proceed otherwise are made to the trial judge in advance of the trial or at the time of

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trial/examination of a witness. See Kamakana v. City and County of Honolulu, 447

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F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing

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documents produced in discovery from “compelling reasons” standard when merits-

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related documents are part of court record).

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5.

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DESIGNATING PROTECTED MATERIAL
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 this

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

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

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only those parts of material, documents, items, or oral or written communications that

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qualify so that other portions of the material, documents, items, or communications for

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which protection is not warranted are not swept unjustifiably within the ambit of this

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Order.

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

2:18-cv-02036-DMG-PLA

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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 Party

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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 this

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

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or ordered, Disclosure or Discovery Material that qualifies for protection under this

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Order must be clearly so designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:

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(a)

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

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

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Producing Party affix, at a minimum, the legend “CONFIDENTIAL” (hereinafter

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“CONFIDENTIAL legend”) or “CONFIDENTIAL – FOR ATTORNEYS’ EYES

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ONLY” (hereinafter “ATTORNEYS’ EYES ONLY legend”), to each page that

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

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

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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 before

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

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“ATTORNEYS’ EYES ONLY.” 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, before
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[PROPOSED] STIPULATED PROTECTIVE
ORDER

2:18-cv-02036-DMG-PLA

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producing the specified documents, the Producing Party must affix the

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“CONFIDENTIAL legend” or the “ATTORNEYS’ EYES ONLY legend” to each

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

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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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(b)

for testimony given in depositions, and any corresponding exhibits, that

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the Designating Party identify materials constituting or containing CONFIDENTIAL

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or ATTORNEYS’ EYES ONLY information by: (i) making a statement on the record

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at the time of or immediately following the testimony that such testimony constitutes

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or contains CONFIDENTIAL or ATTORNEYS’ EYES ONLY information; or (ii) by

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written notice, sent to all Parties within forty-five (45) days after receiving a copy of

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the transcript thereof, that such testimony (designated by page and line) constitutes or

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contains CONFIDENTIAL or ATTORNEYS’ EYES ONLY information. If

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designated on the record, the transcript of the testimony shall be treated as if it were

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designated CONFIDENTIAL or ATTORNEYS’ EYES ONLY in its entirety for a

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period of forty-five (45) days after receiving a copy of the transcript, during which

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time counsel for the Designating Party must confirm by written notice, sent by counsel

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to all Parties, the specific portions of such testimony (designated by page and line) that

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constitute or contain CONFIDENTIAL or ATTORNEYS’ EYES ONLY information.

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Thereafter, any portions of the transcript not specifically designated as

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CONFIDENTIAL or ATTORNEYS’ EYES ONLY may be disclosed.

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(c)

for information produced in some form other than documentary and for

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any other tangible items, including electronic material, that the Producing Party affix

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in a prominent place on the exterior of the container or containers in which the

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information is stored or the exterior of the electronic medium (e.g., disk or hard drive)

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the legend “CONFIDENTIAL” or “CONFIDENTIAL – FOR ATTORNEYS’ EYES

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ONLY.” To the extent that a Party is not able to so label a container or other

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electronic medium, then the party may communicate the requested designation by
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[PROPOSED] STIPULATED PROTECTIVE
ORDER

2:18-cv-02036-DMG-PLA

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writing a letter to appropriately describe the materials and the designation requested by

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the Party. Should the Receiving Party print a document or other material designated

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under this paragraph, it is the obligation of the Receiving Party to mark the printed

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document or material with the appropriate designation (CONFIDENTIAL or

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CONFIDENTIAL – FOR ATTORNEYS’ EYES ONLY). If only a portion or portions

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of 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 the

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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.

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CHALLENGING DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a

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designation of confidentiality at any time that is consistent with the Court’s Scheduling

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Order.

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute

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resolution process under Local Rule 37.1, et seq. Any discovery motion must strictly

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comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3.

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6.3

Burden. The burden of persuasion in any such challenge proceeding shall

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be on 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 parties)

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may expose the Challenging Party to sanctions. Unless the Designating Party has

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waived or withdrawn the confidentiality designation, all parties shall continue to afford

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the material in question the level of protection to which it is entitled under the

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Producing Party’s designation until the Court rules on the challenge.

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL
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 Receiving

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Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a
location and in a secure manner that ensures that access is limited to the persons
authorized under this Order.
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 Party may disclose any information or item designated “CONFIDENTIAL”

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only to:

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(a)

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

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

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disclose the information for this Action;

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(b)

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

Receiving Party to whom disclosure is reasonably necessary for this Action;
(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)

court reporters and their staff;

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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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[PROPOSED] STIPULATED PROTECTIVE
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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;
(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 form attached as Exhibit A hereto; and (2) they will

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not be permitted to keep any confidential information unless they sign the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed

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by the Designating Party or ordered by the Court. Pages of transcribed deposition

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testimony or exhibits to depositions that reveal Protected Material may be separately

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

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under this Stipulated Protective Order; and

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(i)

any mediator or settlement officer, and their supporting personnel,

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

Disclosure of “ATTORNEYS’ EYES ONLY” Information or Items.

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Unless otherwise ordered by the Court or permitted in writing by the Designating

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Party, a Receiving Party may disclose any information or item designated

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“ATTORNEYS’ EYES ONLY” only to:

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(a)

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

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

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disclose the information for this Action;

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(b)

to House Counsel of the Receiving Party to whom disclosure is

reasonably necessary for this Action;

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(c)

the Court and its personnel;

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(d)

court reporters and their staff;

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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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[PROPOSED] STIPULATED PROTECTIVE
ORDER

2:18-cv-02036-DMG-PLA

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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;

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(g)

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.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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

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

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“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” that Party must:

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(a)

promptly notify in writing the Designating Party. Such notification shall

include a copy of the subpoena or court order;
(b)

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

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

14

order is subject to this Protective Order. Such notification shall include a copy of this

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Stipulated Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be pursued

by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with

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

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as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” 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. The Designating Party shall bear the burden and

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expense of seeking protection in that court of its confidential material and nothing in

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

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in this Action to disobey a lawful directive from another court.

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[PROPOSED] STIPULATED PROTECTIVE
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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 Non-

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Party in this Action and designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES

5

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

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

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

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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 information in its possession, and the Party is

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subject to an agreement with the Non-Party not to produce the Non-Party’s

12

confidential information, then the Party shall:

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(1)

promptly notify in writing the Requesting Party and the Non-Party

14

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

15

with a Non-Party;

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(2)

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

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

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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.
(c)

If the Non-Party fails to seek a protective order from this Court within 14

22

days of receiving the notice and accompanying information, the Receiving Party may

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produce the Non-Party’s confidential information responsive to the discovery request.

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If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

25

any information in its possession or control that is subject to the confidentiality

26

agreement with the Non-Party before a determination by the Court. Absent a court

27

order to the contrary, the Non-Party shall bear the burden and expense of seeking

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protection in this Court of its Protected Material.
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[PROPOSED] STIPULATED PROTECTIVE
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10.

2

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

3

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

4

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

5

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

6

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

7

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

8

request such person or persons to execute the “Acknowledgment and Agreement to Be

9

Bound” that is attached hereto as Exhibit A.

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11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

11

PROTECTED MATERIAL

12

When a Producing Party gives notice to Receiving Parties that certain

13

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

14

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

15

Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

16

may be established in an e-discovery order that provides for production without prior

17

privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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parties reach an agreement on the effect of disclosure of a communication or

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information covered by the attorney-client privilege or work product protection, the

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parties may incorporate their agreement in the stipulated protective order submitted to

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the Court.

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12.

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25

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

26

Protective Order, no Party waives any right it otherwise would have to object to

27

disclosing or producing any information or item on any ground not addressed in this

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13

[PROPOSED] STIPULATED PROTECTIVE
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Stipulated Protective Order. Similarly, no Party waives any right to object on any

2

ground to use in evidence of any of the material covered by this Protective Order.

3

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

4

Protected Material must comply with Civil Local Rule 79-5. Protected Material may

5

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

6

Protected Material at issue; good cause must be shown in the request to file under seal.

7

If a Party’s request to file Protected Material under seal is denied by the Court, then the

8

Receiving Party may file the information in the public record unless otherwise

9

instructed by the Court.

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11

13.

FINAL DISPOSITION
After the final disposition of this Action, within 60 days of a written request by

12

the Designating Party, each Receiving Party must return all Protected Material to the

13

Producing Party or destroy such material. As used in this subdivision, “all Protected

14

Material” includes all copies, abstracts, compilations, summaries, and any other format

15

reproducing or capturing any of the Protected Material. Whether the Protected

16

Material is returned or destroyed, the Receiving Party must submit a written

17

certification to the Producing Party (and, if not the same person or entity, to the

18

Designating Party) by the 60 day deadline that (1) identifies (by category, where

19

appropriate) all the Protected Material that was returned or destroyed and (2) affirms

20

that the Receiving Party has not retained any copies, abstracts, compilations,

21

summaries or any other format reproducing or capturing any of the Protected Material.

22

Notwithstanding this provision, counsel are entitled to retain an archival copy of all

23

pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

24

correspondence, deposition and trial exhibits, expert reports, attorney work product,

25

and consultant and expert work product, even if such materials contain Protected

26

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

27

remain subject to this Protective Order as set forth in Section 4 (DURATION).

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[PROPOSED] STIPULATED PROTECTIVE
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2:18-cv-02036-DMG-PLA

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14.

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

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sanctions.

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

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: May 17, 2018

By:

/s/ Steven M. Zadravecz
STEVEN M. ZADRAVECZ
LUKE W. HOLLADAY
Attorneys for Plaintiff
NOVANTA CORPORATION

Dated: May 17, 2018

By:

/s/ Christopher R. Reeder
CHRISTOPHER S. REEDER
ELAN BLOCH
Attorneys for Defendant
JADUNANDAN THAMOTHARAN

Dated: May 18, 2018

By:

/s/ Carolyn E. Sieve
CAROLYN E. SIEVE
Attorneys for Defendant
RADIANT VISION SYSTEMS, LLC

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: May 23, 2018
_________________________
Paul L. Abrams
United States Magistrate Judge

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

2:18-cv-02036-DMG-PLA

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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 that I have read in its

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entirety and understand the Stipulated Protective Order that was issued by the United

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States District Court for the Central District of California on _______ [date] in the case

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of Novanta Corporation v. Jadunandan Thamotharan, et al., Case No. 2:18-cv-02036-

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DMG-PLA. I agree to comply with and to be bound by all the terms of this Stipulated

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Protective Order and I understand and acknowledge that failure to so comply could

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

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

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

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provisions of this Order.

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

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

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action. I hereby appoint __________________________ [print or

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type full name] of ________________________________ [print or type full address

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

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with this action or any proceedings related to enforcement of this Stipulated Protective

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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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[PROPOSED] STIPULATED PROTECTIVE
ORDER

2:18-cv-02036-DMG-PLA