Hartford Underwriters Insurance Company v. Amazon.com, Inc.

Filing 38

PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order 37 . (see document for details) (hr)

1
2
3
4
5
6
7
8
9
10
11
12

Julie L. Hussey, Bar No. 237711
[e-mail]
Julian Feldbein-Vinderman, Bar No. 307838
[e-mail]
PERKINS COIE LLP
11452 El Camino Real, Suite 300
San Diego, CA 92130-2594
Telephone: [phone]
Facsimile: 858.720.5799
Attorneys for Defendant
Amazon.com, Inc.
Christopher Brennan, SBN 220072
Matthew E. Delinko, SBN 302832
BAUMAN LOEWE WITT & MAXWELL,
PLLC
8765 E. Bell Road, Ste. 210
Scottsdale, AZ 85260
Telephone: [phone], Ext. 4217
Fax: [phone]
Attorneys for Plaintiff Hartford
Underwriters Insurance Company

13
14

UNITED STATES DISTRICT COURT

15

CENTRAL DISTRICT OF CALIFORNIA

16
17
18
19

HARTFORD UNDERWRITERS
INSURANCE COMPANY, a
foreign corporation, individually and
as subrogee for its insured, Josephine
& Ignazio Vivirito
Plaintiff,

20

23
24
25
26

STIPULATED PROTECTIVE ORDER
AND [PROPOSED] ORDER
THEREON1
Magistrate Judge: Hon. Rozella A. Oliver

v.

21
22

Case No. 2:19-cv-07480 AB (RAOx)

TERA-POWER ENERGY
COMPANY, a foreign entity;
GOOD TIME CO., a foreign entity;
HONG KONG UNI-SUN
TECHNOLOGY LIMITED, a
foreign entity; AMAZON.COM,
INC., a Delaware corporation; and
DOES 1 – 20, inclusive,

27
1

28

This Stipulated Protective Order is substantially based on the model
protective order provided under Magistrate Judge Rozella A. Oliver’s Procedures.
STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)

1

Defendants.

2
3
4
5

1.

A. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,

6

proprietary or private information for which special protection from public

7

disclosure and from use for any purpose other than prosecuting this litigation may

8

be warranted. Accordingly, the parties hereby stipulate to and petition the Court

9

to enter the following Stipulated Protective Order. The parties acknowledge that

10

this Order does not confer blanket protections on all disclosures or responses to

11

discovery and that the protection it affords from public disclosure and use extends

12

only to the limited information or items that are entitled to confidential treatment

13

under the applicable legal principles.

14

B. GOOD CAUSE STATEMENT

15

This action is likely to involve confidential and proprietary materials and

16

information including, confidential or competitively sensitive business or

17

financial information, information regarding confidential business practices, or

18

other confidential research, development, or commercial information (including

19

information implicating privacy rights of third parties), information otherwise

20

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

21

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

22

decisions, or common law. Accordingly, to expedite the flow of information, to

23

facilitate the prompt resolution of disputes over confidentiality of discovery

24

materials, to adequately protect information the parties are entitled to keep

25

confidential, to ensure that the parties are permitted reasonable necessary uses of

26

such material in preparation for and in the conduct of trial, to address their

27

handling at the end of the litigation, and serve the ends of justice, a protective

28

order for such information is justified in this matter. It is the intent of the parties
-1STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)
3510019v1

1

that information will not be designated as confidential for tactical reasons and that

2

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

3

a confidential, non-public manner, and there is good cause why it should not be

4

part of the public record of this case.

5

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

6

The parties further acknowledge, as set forth in Section 12.3, below, that

7

this Stipulated Protective Order does not entitle them to file confidential

8

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

9

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

10

from the court to file material under seal.

11

There is a strong presumption that the public has a right of access to

12

judicial proceedings and records in civil cases. In connection with non-dispositive

13

motions, good cause must be shown to support a filing under seal. See Kamakana

14

v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v.

15

Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v.

16

Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated

17

protective orders require good cause showing), and a specific showing of good

18

cause or compelling reasons with proper evidentiary support and legal

19

justification, must be made with respect to Protected Material that a party seeks to

20

file under seal. The parties’ mere designation of Disclosure or Discovery Material

21

as CONFIDENTIAL does not— without the submission of competent evidence

22

by declaration, establishing that the material sought to be filed under seal

23

qualifies as confidential, privileged, or otherwise protectable—constitute good

24

cause.

25

Further, if a party requests sealing related to a dispositive motion or trial,

26

then compelling reasons, not only good cause, for the sealing must be shown, and

27

the relief sought shall be narrowly tailored to serve the specific interest to be

28

protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir.
-2STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)
3510019v1

1

2010). For each item or type of information, document, or thing sought to be filed

2

or introduced under seal in connection with a dispositive motion or trial, the party

3

seeking protection must articulate compelling reasons, supported by specific facts

4

and legal justification, for the requested sealing order. Again, competent evidence

5

supporting the application to file documents under seal must be provided by

6

declaration.
Any document that is not confidential, privileged, or otherwise protectable

7
8

in its entirety will not be filed under seal if the confidential portions can be

9

redacted. If documents can be redacted, then a redacted version for public

10

viewing, omitting only the confidential, privileged, or otherwise protectable

11

portions of the document, shall be filed. Any application that seeks to file

12

documents under seal in their entirety should include an explanation of why

13

redaction is not feasible.

14

2.

15

DEFINITIONS
2.1

Action: This pending federal lawsuit entitled Hartford Underwriters

16

Insurance Company v. Tera-Power Energy Company et al., Case No. 2:19-cv-

17

07480 AB (RAOx).

18
19
20

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

21

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

22

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

23

the Good Cause Statement.

24
25
26

2.4

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

each of their support staff).
2.5

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

27

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

28

“CONFIDENTIAL.”
-3STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)
3510019v1

1

2.6

Disclosure or Discovery Material: all items or information, regardless

2

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

3

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

4

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

5

2.7

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

6

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

7

an expert witness or as a consultant in this Action.

8
9
10
11
12
13

2.8

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

House Counsel does not include Outside Counsel of Record or any other outside
counsel.
2.9

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

other legal entity not named as a Party to this action.
2.10 Outside Counsel of Record: attorneys who are not employees of a

14

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

15

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

16

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

17

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

18

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

19

support staffs).

20
21

2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

22

2.13 Professional Vendors: persons or entities that provide litigation

23

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

24

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

25

and their employees and subcontractors.

26

2.14 Protected Material: any Disclosure or Discovery Material that is

27

designated as “CONFIDENTIAL” or “FOR ATTORNEYS’ EYES ONLY.”

28
-4STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)
3510019v1

2.15 Receiving Party: a Party that receives Disclosure or Discovery

1
2

Material from a Producing Party.
2.16 Attorneys’ Eyes Only. The label “Attorneys’ Eyes Only” shall be

3
4

used in the manner proscribed in subparagraph 5.4 below and means that the only

5

person(s) allowed to view information so labeled are counsel for the Receiving

6

Party which requests the information, or an expert or consultant of the Receiving

7

Party.

8

3.

SCOPE

9

The protections conferred by this Stipulation and Order cover not only

10

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

11

extracted from Protected Material; (2) all copies, excerpts, summaries, or

12

compilations of Protected Material; and (3) any testimony, conversations, or

13

presentations by Parties or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the

14
15

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

16

4.

HANDLING DURING TRIAL

17

Confidential Information that is subject to this Protective Order may be marked

18

and used as trial exhibits by any party, subject to terms and conditions imposed by

19

the Court.

20

5.

21

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

22

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

23

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

24

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

25

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

26

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

27

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

28

unjustifiably within the ambit of this Order.
-5STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)
3510019v1

1

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

2

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

3

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

4

5.2

Manner and Timing of Designations. Except as otherwise provided in

5

this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material

6

that qualifies for protection under this Order must be clearly so designated before

7

the material is disclosed or produced.

8

Designation in conformity with this Order requires:

9

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

10

documents, but excluding transcripts of depositions or other pretrial or trial

11

proceedings), that the Producing Party affix the following legend
CONFIDENTIAL: Subject to Protective Order in Case No.

12

2:19-cv-07480 AB(RAOx)

13
14

(hereinafter “CONFIDENTIAL legend”), to each page that contains Protected

15

Material. If only a portion of the material on a page qualifies for protection, the

16

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

17

appropriate markings in the margins).

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

the specified documents, the Producing Party must affix the “CONFIDENTIAL

26

legend” to each page that contains Protected Material. If only a portion of the material

27
28
-6STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)
3510019v1

1

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

2

protected portion(s) (e.g., by making appropriate markings in the margins).
(b) Within 30 days after receiving a deposition transcript, a party may

3
4

inform the other Parties if portions of it are designated as “CONFIDENTIAL.” All

5

persons and Parties in possession of a copy of a designated deposition transcript

6

shall appropriately mark it as containing protected testimony.
(c) for information produced in some form other than documentary and

7
8

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

9

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

10

legend “CONFIDENTIAL.” If only a portion or portions of the information

11

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

12

protected portion(s).
(d) If a document containing Protected Material is produced in native

13
14

format, the file name shall contain the term “CONFIDENTIAL” or otherwise

15

clearly indicate that it contains information subject to this Protective Order.

16

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

17

failure to designate qualified information or items does not, standing alone, waive

18

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

19

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

20

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

21

provisions of this Order.

22

5.4

Highly Sensitive Information. Certain documents to be produced by

23

the Parties may be highly sensitive, proprietary, commercial, or personal

24

information. Such highly sensitive information shall be labeled, in addition to the

25

marking described in subparagraph 5.2, as “FOR ATTORNEYS’ EYES ONLY”

26

and such information will be disclosed only to counsel for the requesting party,

27

subject to subparagraph 7.2(a), or to an expert or consultant, subject to

28

subparagraph 7.2(c), and not to the Parties or any other person. A party producing
-7STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)
3510019v1

1

documents that it believes constitute highly sensitive information shall label the

2

documents with the following legend or something substantially similar:

3

CONFIDENTIAL - FOR ATTORNEYS’ EYES ONLY: Subject to

4

Protective Order in Case No. 2:19-cv-07480 AB(RAOx)

5

Documents labeled “FOR ATTORNEYS’ EYES ONLY” are subject to all of

6

the provisions of this Protective Order governing the use, disclosure, and

7

destruction of Protected Material, as well as the additional restrictions contained in

8

this subparagraph 5.4.

9

6.

10

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

11

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

12

Scheduling Order.

13
14

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.

15

6.3

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

16

the Designating Party. Frivolous challenges and those made for an improper purpose

17

(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

18

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

19

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

20

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

21

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

22

7.

23

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

24

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

25

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

26

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

27

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

28
-8STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)
3510019v1

1

Receiving Party must comply with the provisions of section 13 below (FINAL

2

DISPOSITION).

3

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

4

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

5

authorized under this Order.

6

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

7

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

8

Receiving Party may disclose any information or item designated

9

“CONFIDENTIAL” only to:
(a) the Receiving Party’s Outside Counsel of Record in this Action, as

10
11

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

12

necessary to disclose the information for this Action;
(b) the officers, directors, and employees (including House Counsel) of

13
14

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

15
16

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

17

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

18

(d) the court and its personnel;

19

(e) court reporters and their staff;

20

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

21

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

22

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(g) the author or recipient of a document containing the information or a

23
24

custodian or other person who otherwise possessed or knew the information;
(h) during their depositions, witnesses, and attorneys for witnesses, in the

25
26

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

27

requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they

28

will not be permitted to keep any confidential information unless they sign the
-9STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)
3510019v1

1

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

2

agreed by the Designating Party or ordered by the court. Pages of transcribed

3

deposition testimony or exhibits to depositions that reveal Protected Material may

4

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

5

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

6
7

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

8

8.

9

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
IN OTHER LITIGATION

10

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

11

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

12

“CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification

13
14

shall include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order

15
16

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

17

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

18

a copy of this Stipulated Protective Order; and

19

(c) cooperate with respect to all reasonable procedures sought to be

20

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

21

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

22

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

23

action as “CONFIDENTIAL” before a determination by the court from which the

24

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

25

permission. The Designating Party shall bear the burden and expense of seeking

26

protection in that court of its confidential material and nothing in these provisions

27

should be construed as authorizing or encouraging a Receiving Party in this Action

28

to disobey a lawful directive from another court.
-10STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)
3510019v1

1
2

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced by a

3
4

Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

5

produced by Non-Parties in connection with this litigation is protected by the

6

remedies and relief provided by this Order. Nothing in these provisions should be

7

construed as prohibiting a Non-Party from seeking additional protections.
(b) In the event that a Party is required, by a valid discovery request, to

8
9

produce a Non-Party’s confidential information in its possession, and the Party is

10

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

11

confidential information, then the Party shall:
(1)

12

promptly notify in writing the Requesting Party and the Non-

13

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

14

agreement with a Non-Party;

15

(2)

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

16

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

17

specific description of the information requested; and
(3)

18
19

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

20
21

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

22

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

23

request. If the Non-Party timely seeks a protective order, the Receiving Party shall

24

not produce any information in its possession or control that is subject to the

25

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

26

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

27

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

28
-11STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)
3510019v1

1

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

2

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

5

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

6

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

7

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

8

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

9

Agreement to Be Bound” that is attached hereto as Exhibit A.

10

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain

11
12
13

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

14

protection, the obligations of the Receiving Parties are those set forth in Federal

15

Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

16

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

17

production without prior privilege review. Pursuant to Federal Rule of Evidence

18

502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

19

of a communication or information covered by the attorney-client privilege or work

20
21
22
23
24

product protection, the parties may incorporate their agreement in the stipulated
protective order submitted to the court.
12.

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

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

25

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

28

this Stipulated Protective Order. Similarly, no Party waives any right to object on
-12STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)
3510019v1

1

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

2

Order.

3

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

4

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

5

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

6

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

7

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

8

in the public record unless otherwise instructed by the court.

9

13.

FINAL DISPOSITION

10

Within 90 days after the final disposition of this Action, as defined in

11

paragraph 4, each Receiving Party must return all Protected Material to the Producing

12

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

13

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

14

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

15

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

16

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

17

Designating Party) by the 90 day deadline that (1) identifies (by category, where

18

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

19

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

20

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

21

Material.

22

//

23

//

24

//

25

//

26

//

27

//

28

//
-13STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)
3510019v1

1
2
3

14.

VIOLATION
Any violation of this Order may be punished by appropriate measures

including, without limitation, contempt proceedings and/or monetary sanctions.

4
5
6

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD
DATED: May 19, 2020

PERKINS COIE LLP

7

By:/s/ Julian Feldbein-Vinderman
Julie L. Hussey, Bar No. 237711
[e-mail]
Julian Feldbein-Vinderman, Bar No. 307838
[e-mail]

8
9
10

Attorneys for Defendant
Amazon.com, Inc.

11
12

DATED: May 19, 2020

13
14

BAUMAN LOEWE WITT & MAXWELL,
PLLC
By:/s/ Matthew E. Delinko
Matthew E. Delinko
[e-mail]
Christopher J. Brennan
[e-mail]

15
16
17

Attorneys for Plaintiff
Hartford Underwriters Insurance Company

18
19
20
21
22

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
DATE: May 20, 2020

23
24

______________________________
Honorable Rozella A. Oliver
United States Magistrate Judge

25
26
27
28
-14STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)
3510019v1

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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 Stipulated Protective Order that
was issued by the United States District Court for the Central District of California
in the case of Hartford Underwriters Insurance Company v. Tera-Power Energy
Company, et al., Case No. 2:19-cv-07480-AB (RAO). I agree to comply with and to
be bound by all the terms of this 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 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
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 process in connection with this action
or any proceedings related to enforcement of this Stipulated Protective Order.

22
23
24

Date: ________________
City and State where sworn and signed: _________________________________

25
26
27

Printed name: _______________________________
Signature: __________________________________

28
-1STIPULATED PROTECTIVE ORDER
CASE NO. 2:19-cv-07480 AB(RAOx)