Sandler Partners, LLC v. Masergy Communications, Inc. et al

Filing 110

ORDER ON JOINT STIPULATED PROTECTIVE ORDER by Magistrate Judge Maria A. Audero re Stipulation for Protective Order 109 [See order for details.] (es)

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GOMEZ LAW GROUP

A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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Alvin M. Gomez, Esq., State Bar No. 137818
Frank Zeccola, Esq., State Bar No. 308875
GOMEZ LAW GROUP
2725 Jefferson Street, Suite 3
Carlsbad, California 92008
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff Sandler Partners, LLC
Mark D. Erickson, Esq., State Bar No. 104403
David Clark, Esq. State Bar No. 275204
HAYNES AND BOONE, LLP
600 Anton Boulevard, Suite 700
Costa Mesa, CA 92626
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant Masergy Communications, Inc.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
SANDLER PARTNERS, LLC, a
California Limited Liability
Company,
Plaintiff,

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v.

Case No.: 2:19-cv-06841-JFW-MAA
___________ ORDER ON
[PROPOSED]
JOINT STIPULATED
PROTECTIVE ORDER
Courtroom: 7A
Judge: Hon. John F. Walter

MASERGY
COMMUNICATIONS, INC.;
and DOES 1 through
30,inclusive,
Defendants.
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JOINT STIPULATED PROTECTIVE ORDER

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I.

PURPOSES AND LIMITATIONS

proprietary, or private information for which special protection from

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

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litigation may be warranted. Accordingly, the parties hereby stipulate to

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and petition the Court to enter the following Joint Stipulated Protective

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Order. The parties acknowledge that this Order does not confer blanket

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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

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limited information or items that are entitled to confidential treatment

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GOMEZ LAW GROUP

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

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A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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under the applicable legal principles. The parties further acknowledge, as

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set forth in Section XIII(C), below, that this Joint Stipulated Protective

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Order does not entitle them to file confidential information under seal;

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Civil Local Rule 79-5 sets forth the procedures that must be followed and

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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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II.

GOOD CAUSE STATEMENT

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

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lists and other valuable research, development, commercial, financial,

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technical, and/or proprietary information regarding the Parties’ business

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operations, contracts, and agreements with customers and other parties for

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which special protection from public disclosure and from use for any

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purpose other than prosecution of this action is warranted.

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confidential and proprietary materials and information consist of, among

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other things, confidential business or financial information, information

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regarding confidential business practices, or other confidential research,

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development,

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implicating privacy rights of third parties), information otherwise

or

commercial

information

(including

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JOINT STIPULATED PROTECTIVE ORDER

Such

information

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

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decisions, or common law.

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information, to facilitate the prompt resolution of disputes over

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confidentiality of discovery materials, to adequately protect information

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

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permitted reasonable necessary uses of such material in preparation for

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

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

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information is justified in this matter. It is the intent of the parties that

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GOMEZ LAW GROUP

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

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A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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information will not be designated as confidential for tactical reasons and

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that nothing be so designated without a good faith belief that it has been

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

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

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III. DEFINITIONS

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A.

Accordingly, to expedite the flow of

Action: The instant action: Sandler Partners, LLC v. Masergy

Communications, Inc., Case No. 2:19-cv-06841-JFW-MAA.
B.

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

designation of information or items under this Order.
C.

“CONFIDENTIAL” Information or Items:

Information

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

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

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as specified above in the Good Cause Statement.

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D.

Counsel: Outside Counsel of Record and House Counsel (as

well as their support staff).
E.

Designating Party:

A Party or Non-Party that designates

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information or items that it produces in disclosures or in responses to

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discovery as “CONFIDENTIAL.”
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JOINT STIPULATED PROTECTIVE ORDER

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F.

Disclosure or Discovery Material: All items or information,

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

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maintained (including, among other things, testimony, transcripts, and

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tangible things), that are produced or generated in disclosures or responses

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to discovery in this matter.

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G.

Expert: A person with specialized knowledge or experience in

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

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

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H.

House Counsel: Attorneys who are employees of a party to this

GOMEZ LAW GROUP

Action. House Counsel does not include Outside Counsel of Record or any

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A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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other outside counsel.

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I.

Non-Party:

Any natural person, partnership, corporation,

association, or other legal entity not named as a Party to this action.
J.

Outside Counsel of Record: Attorneys who are not employees

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

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

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

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including support staff.

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K.

Party: Any party to this Action, including all of its officers,

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directors, employees, consultants, retained experts, and Outside Counsel

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of Record (and their support staffs).

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L.

Producing Party:

A Party or Non-Party that produces

Disclosure or Discovery Material in this Action.
M.

Professional Vendors:

Persons or entities that provide

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

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preparing exhibits or demonstrations, and organizing, storing, or

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retrieving data in any form or medium) and their employees and

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subcontractors.
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JOINT STIPULATED PROTECTIVE ORDER

N.

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Protected Material: Any Disclosure or Discovery Material that

is designated as “CONFIDENTIAL.”
O.

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Receiving Party: A Party that receives Disclosure or Discovery

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Material from a Producing Party.

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IV.

SCOPE
A.

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The protections conferred by this Joint Stipulation and Order

information copied or extracted from Protected Material; (2) all copies,

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excerpts, summaries, or compilations of Protected Material; and (3) any

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testimony, conversations, or presentations by Parties or their Counsel that

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GOMEZ LAW GROUP

cover not only Protected Material (as defined above), but also (1) any

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A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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might reveal Protected Material.
B.

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

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orders of

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

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Material at trial.

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V.

DURATION

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Even after final disposition of this litigation, the confidentiality

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obligations imposed by this Order shall remain in effect until a Designating

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Party agrees otherwise in writing or a court order otherwise directs. Final

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disposition shall be deemed to be the later of (1) dismissal of all claims and

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defenses in this Action, with or without prejudice; and (2) final judgment

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herein after the completion and exhaustion of all appeals, rehearings,

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remands, trials, or reviews of this Action, including the time limits for filing

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any motions or applications for extension of time pursuant to applicable

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law.

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VI.

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DESIGNATING PROTECTED MATERIAL
A.

Exercise of Restraint and Care in Designating Material for

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Protection

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1.

Each Party or Non-Party that designates information or
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JOINT STIPULATED PROTECTIVE ORDER

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items for protection under this Order must take care to limit any such

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designation to specific material that qualifies under the appropriate

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standards. The Designating Party must designate for protection only those

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parts of material, documents, items, or oral or written communications

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

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communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.
2.

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Mass, indiscriminate, or routinized designations are

have been made for an improper purpose (e.g., to unnecessarily encumber

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prohibited. Designations that are shown to be clearly unjustified or that

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A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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the case development process or to impose unnecessary expenses and

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burdens on other parties) may expose the Designating Party to sanctions.
3.

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If it comes to a Designating Party’s attention that

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information or items that it designated for protection do not qualify for

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protection, that Designating Party must promptly notify all other Parties

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that it is withdrawing the inapplicable designation.

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B.

Manner and Timing of Designations
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Except as otherwise provided in this Order, or as

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otherwise stipulated or ordered, Disclosure or Discovery Material that

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qualifies for protection under this Order must be clearly so designated

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before the material is disclosed or produced.
2.

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Designation in conformity with this Order requires the

following:
a.

For information in documentary form (e.g., paper

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or electronic documents, but excluding transcripts of depositions or other

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pretrial or trial proceedings), that the Producing Party affix at a minimum,

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the legend “CONFIDENTIAL” or HIGHLY CONFIDENTIAL (hereinafter

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“CONFIDENTIAL legend” or “HIGHLY CONFIDENTIAL legend”), to each
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JOINT STIPULATED PROTECTIVE ORDER

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

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material on a page qualifies for protection, the Producing Party also must

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clearly identify the protected portion(s) (e.g., by making appropriate

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markings in the margins).

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b.

A Party or Non-Party that makes original

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documents available for inspection need not designate them for protection

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until after the inspecting Party has indicated which documents it would like

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copied and produced. During the inspection and before the designation,

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all of the material made available for inspection shall be deemed

GOMEZ LAW GROUP

“CONFIDENTIAL.”

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A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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documents that it wants copied and produced, the Producing Party must

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determine which documents, or portions thereof, qualify for protection

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under this Order. Then, before producing the specified documents, the

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Producing Party must affix the “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL” legend to each page that contains Protected Material. If

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

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

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

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c.

After the inspecting Party has identified the

For testimony given in depositions, that the

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Designating Party identify the Disclosure or Discovery Material on the

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record, before the close of the deposition all protected testimony.

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d.

For information produced in some form other than

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documentary and for any other tangible items, that the Producing Party

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

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which the information is stored the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL.”

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

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identify the protected portion(s).

If only a portion or portions of the information

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JOINT STIPULATED PROTECTIVE ORDER

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C.

Inadvertent Failure to Designate
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If timely corrected, an inadvertent failure to designate qualified

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information or items does not, standing alone, waive the Designating

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

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timely correction of a designation, the Receiving Party must make

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reasonable efforts to assure that the material is treated in accordance with

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the provisions of this Order.

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VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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A.

Timing of Challenges

GOMEZ LAW GROUP

Any party or Non-Party may challenge a designation of

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A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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

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Order.

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B.

Meet and Confer

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The Challenging Party shall initiate the dispute resolution process which

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shall comply with Local Rule 37.1 et seq., and with Section 4 of Judge

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Audero’s Procedures (“Mandatory Telephonic Conference for Discovery

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Disputes”).

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C.

Burden

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The burden of persuasion in any such challenge proceeding shall be

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on the Designating Party. Frivolous challenges, and those made for an

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improper purpose (e.g., to harass or impose unnecessary expenses and

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burdens on other parties) may expose the Challenging Party to sanctions.

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Unless the Designating Party has waived or withdrawn the confidentiality

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designation, all parties shall continue to afford the material in question the

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level of protection to which it is entitled under the Producing Party’s

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designation until the Court rules on the challenge.

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VIII. ACCESS TO AND USE OF PROTECTED MATERIAL
A.

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Basic Principles
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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

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with this Action only for prosecuting, defending, or attempting to settle this

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Action. Such Protected Material may be disclosed only to the categories of

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persons and under the conditions described in this Order. When the Action

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has been terminated, a Receiving Party must comply with the provisions of

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Section XIV below.

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2.

Protected Material must be stored and maintained

GOMEZ LAW GROUP

A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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by a Receiving Party at a location and in a secure manner that ensures that

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access is limited to the persons authorized under this Order.
B.

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Disclosure of “CONFIDENTIAL” Information or Items
1.

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Unless otherwise ordered by the Court or permitted in

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

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information or item designated “CONFIDENTIAL” only to:
a.

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The Receiving Party’s Outside Counsel of Record in

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this Action, as well as employees of said Outside Counsel of Record to

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whom it is reasonably necessary to disclose the information for this Action;
b.

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The officers, directors, and employees (including

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House Counsel) of the Receiving Party to whom disclosure is reasonably

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necessary for this Action;
c.

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Experts (as defined in this Order) of the Receiving

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Party to whom disclosure is reasonably necessary for this Action and who

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have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

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A);

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d.

The Court and its personnel;

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e.

Outside court reporters and their staff, Professional
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JOINT STIPULATED PROTECTIVE ORDER

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jury or trial consultants, mock jurors, and Professional Vendors to whom

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

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“Acknowledgment and Agreement to be Bound” attached as Exhibit A

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hereto;
f.

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The author or recipient of a document containing

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the information or a custodian or other person who otherwise possessed or

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knew the information;
g.

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During their depositions, witnesses, and attorneys

provided: (i) the deposing party requests that the witness sign the

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for witnesses, in the Action to whom disclosure is reasonably necessary,

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A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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“Acknowledgment and Agreement to Be Bound;” and (ii) they will not be

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permitted to keep any confidential information unless they sign the

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“Acknowledgment and Agreement to Be Bound,” unless otherwise agreed

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

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deposition testimony or exhibits to depositions that reveal Protected

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

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disclosed to anyone except as permitted under this Stipulated Protective

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Order; and
h.

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Any mediator or settlement officer, and their

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supporting personnel, mutually agreed upon by any of the parties engaged

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in settlement discussions.

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2.

Information designated as HIGHLY CONFIDENTIAL

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(“Highly Confidential Information”) shall be used by the party receiving

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such information solely for the purpose of this litigation and may be

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disclosed only to the following persons:

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a.

The Receiving Party’s Outside Counsel of Record

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in this Action, as well as employees of said Outside Counsel of Record to

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whom it is reasonably necessary to disclose the information for this
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JOINT STIPULATED PROTECTIVE ORDER

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Action;
b.

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

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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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c.

The Court and its personnel;

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d.

Outside court reporters and their staff; Professional

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Vendors to whom disclosure is reasonably necessary or this Action and who

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have signed the “Acknowledgment and Agreement to be Bound” attached

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as Exhibit A hereto;

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e.

The author or recipient of a document containing the

GOMEZ LAW GROUP

A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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information or a custodian or other person who otherwise possessed or

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knew the information;

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f.

During their depositions, witnesses, and attorneys for

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witnesses, in the Action to whom disclosure is reasonably necessary, with

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the consent of Designating Party and further provided: (i) the deposing

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party requests that the witness sign the “Acknowledgment and Agreement

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to Be Bound;” and (ii) they will not be permitted to keep any confidential

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information unless they sign the “Acknowledgment and Agreement to Be

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Bound,” unless otherwise agreed by the Designating Party or ordered by

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the Court. Persons who are not authorized to view Highly Confidential

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Information shall not be permitted to review such information at the

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deposition and may be excluded from the deposition proceedings during

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testimony concerning the Highly Confidential Information.

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transcribed deposition testimony or exhibits to depositions that reveal

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Protected Material may be separately bound by the court reporter and may

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not be disclosed to anyone except as permitted under this Stipulated

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Protective Order; and

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g.

Pages of

Any mediator or settlement officer, and their supporting
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JOINT STIPULATED PROTECTIVE ORDER

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personnel, mutually agreed upon by any of the parties engaged in

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settlement discussions.

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IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED

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PRODUCED IN OTHER LITIGATION

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A.

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

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other litigation that compels disclosure of any information or items

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designated

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CONFIDENTIAL,” that Party must:
1.

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this

Action

as

“CONFIDENTIAL”

or

“HIGHLY

Promptly notify in writing the Designating Party. Such

notification shall include a copy of the subpoena or court order;
2.

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A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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Promptly notify in writing the party who caused the

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subpoena or order to issue in the other litigation that some or all of the

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material covered by the subpoena or order is subject to this Protective

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Order. Such notification shall include a copy of this Stipulated Protective

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Order; and
3.

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Cooperate with respect to all reasonable procedures

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sought to be pursued by the Designating Party whose Protected Material

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may be affected.

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B.

If the Designating Party timely seeks a protective order, the

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Party served with the subpoena or court order shall not produce any

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information designated in this action as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL” before a determination by the Court from which the

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subpoena or order issued, unless the Party has obtained the Designating

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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

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nothing in these provisions should be construed as authorizing or

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encouraging a Receiving Party in this Action to disobey a lawful directive

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from another court.
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JOINT STIPULATED PROTECTIVE ORDER

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X.

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

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by a Non-Party in this Action and designated as “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL.” Such information produced by Non-Parties

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in connection with this litigation is protected by the remedies and relief

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provided by this Order. Nothing in these provisions should be construed

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as prohibiting a Non-Party from seeking additional protections.
B.

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

GOMEZ LAW GROUP

request, to produce a Non-Party’s confidential information in its

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2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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possession, and the Party is subject to an agreement with the Non-Party

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not to produce the Non-Party’s confidential information, then the Party

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shall:
1.

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Promptly notify in writing the Requesting Party and the

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

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confidentiality agreement with a Non-Party;
2.

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Promptly provide the Non-Party with a copy of the

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Stipulated Protective Order in this Action, the relevant discovery

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request(s), and a reasonably specific description of the information

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requested; and
3.

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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

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within 14 days of receiving the notice and accompanying information, the

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Receiving Party may produce the Non-Party’s confidential information

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responsive to the discovery request. If the Non-Party timely seeks a

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protective order, the Receiving Party shall not produce any information in

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its possession or control that is subject to the confidentiality agreement
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JOINT STIPULATED PROTECTIVE ORDER

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

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

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seeking protection in this court of its Protected Material.

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XI. UNAUTHORIZED

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A.

OF

PROTECTED

MATERIAL

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DISCLOSURE

If a Receiving Party learns that, by inadvertence or otherwise,

not authorized under this Stipulated Protective Order, the Receiving Party

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must immediately (1) notify in writing the Designating Party of the

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unauthorized disclosures, (2) use its best efforts to retrieve all

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it has disclosed Protected Material to any person or in any circumstance

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A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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unauthorized copies of the Protected Material, (3) inform the person or

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persons to whom unauthorized disclosures were made of all the terms of

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this Order, and (4) request such person or persons to execute the

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“Acknowledgment and Agreement to be Bound” that is attached hereto as

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Exhibit A.

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XII. INADVERTENT

PRODUCTION

OF

PRIVILEGED

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OTHERWISE PROTECTED MATERIAL

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A.

OR

When a Producing Party gives notice to Receiving Parties that

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certain inadvertently produced material is subject to a claim of privilege or

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other protection, the obligations of the Receiving Parties are those set forth

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in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not

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intended to modify whatever procedure may be established in an e-

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discovery order that provides for production without prior privilege review.

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

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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

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protection, the parties may incorporate their agreement in the Stipulated

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Protective Order submitted to the Court.
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JOINT STIPULATED PROTECTIVE ORDER

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XIII. MISCELLANEOUS
A.

1.

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

seek its modification by the Court in the future.
B.

Right to Assert Other Objections
1.

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By stipulating to the entry of this Protective Order, no

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

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Joint Stipulated Protective Order. Similarly, no Party waives any right to

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object on any ground to use in evidence of any of the material covered by

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Party waives any right it otherwise would have to object to disclosing or

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A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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this Protective Order.

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C.

Filing Protected Material
1.

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A Party that seeks to file under seal any Protected

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

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

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

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Material under seal is denied by the Court, then the Receiving Party may

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file the information in the public record unless otherwise instructed by the

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Court.

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XIV. FINAL DISPOSITION

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A.

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

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V, and within sixty (60) days of a written request by the Designating Party,

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each Receiving Party must return all Protected Material to the Producing

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

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

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other format reproducing or capturing any of the Protected Material.

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Whether the Protected Material is returned or destroyed, the Receiving

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Party must submit a written certification to the Producing Party (and, if not
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JOINT STIPULATED PROTECTIVE ORDER

that (1) identifies (by category, where appropriate) all the Protected

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Material that was returned or destroyed and (2) affirms that the Receiving

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Party has not retained any copies, abstracts, compilations, summaries or

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

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Notwithstanding this provision, Counsel are entitled to retain an archival

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copy of all pleadings, motion papers, trial, deposition, and hearing

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transcripts, legal memoranda, correspondence, deposition and trial

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exhibits, expert reports, attorney work product, and consultant and expert

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work product, even if such materials contain Protected Material. Any such

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GOMEZ LAW GROUP

the same person or entity, to the Designating Party) by the 60 day deadline

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A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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archival copies that contain or constitute Protected Material remain

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subject to this Protective Order as set forth in Section V.

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XV. VIOLATION

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Any violation of this Order may entitle any Party to secure any relief
as the Court deems just and appropriate.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: December 7, 2021

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GOMEZ LAW GROUP
By:
/s/ Alvin M. Gomez
___________________
ALVIN M. GOMEZ, Esq.
Attorneys for Plaintiff
Sandler Partners LLC

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[Additional Signatures Follow.]

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JOINT STIPULATED PROTECTIVE ORDER

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DATED: December 7, 2021

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/s/ David Clark
____________________
DAVID B. CLARK, Esq.
Attorneys for Defendant
Masergy Communications, Inc.

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Local Rule 5-4.3.4(a)(2) Attestation

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GOMEZ LAW GROUP

A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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HAYNES AND BOONE, LLP
By:

I hereby attest that the other signatories listed, on whose behalf the
filing is submitted, concur in the filing’s content and have authorized the
filing.
DATED: December 8, 2021

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GOMEZ LAW GROUP
By:
/s/ Alvin M. Gomez
___________________
ALVIN M. GOMEZ, Esq.
Attorneys for Plaintiff
Sandler Partners LLC

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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January 10, 2022
DATED: ____________________

________________________
Hon. Maria A. Audero
United States Magistrate Judge

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JOINT STIPULATED PROTECTIVE ORDER

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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GOMEZ LAW GROUP

A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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I, _____________________ [print or type full name], of
___________________________ [print or type full address], declare
under penalty of perjury that I have read in its entirety and understand the
Joint Stipulated Protective Order that was issue by the United States
District

Court

for

the

Central

District

of

California

on

_______________ [DATE] in the case of Sandler Partners, LLC v.
Masergy Communications, Inc., Case No. 2:19-cv-06841-JFW-MAA. I
agree to comply with and to be bound by all the terms of this Joint
Stipulated Protective Order and I understand and acknowledge that failure
to so comply could expose me to sanctions and punishment in the nature
of contempt. I solemnly promise that I will not disclose in any manner any
information or item that is subject to this Joint Stipulated Protective Order
to any person or entity except in strict compliance with the provisions of
this Order.
I further agree to submit to the jurisdiction of the United States
District Court for the Central District of California for the purpose of
enforcing the terms of this Joint Stipulated Protective Order, even if such
enforcement proceedings occur after termination of this action. I hereby
appoint ____________________________ [print or type full name]
of _________________________________ [print or type full
address and telephone number] as my California agent for service of
///
///
///
///
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JOINT STIPULATED PROTECTIVE ORDER

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process in connection with this action or any proceedings related to

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enforcement of this Stipulated Protective Order.

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Date: ______________

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City and State where sworn and signed: _____________________

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_________________________________________________

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Printed Name: ________________________

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GOMEZ LAW GROUP

A PROFESSIONAL CORPORATION
2725 JEFFERSON STREET, SUITE 3
CARLSBAD, CALIFORNIA 92008

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Signature: __________________________

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JOINT STIPULATED PROTECTIVE ORDER