Genevieve Morton v. Twitter, Inc. et al

Filing 50

PROTECTIVE ORDER 49 by Magistrate Judge John E. McDermott. See document for details. (es)

1
2
3
4
5
6
7

BRIAN M. WILLEN (pro hac vice)
[e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
1301 Avenue of the Americas, 40th Floor
New York, NY 10019-6022
Telephone: [phone]
Facsimile: [phone]

13

VICTOR JIH, State Bar No. 186515
[e-mail]
REBECCA E. DAVIS, State Bar No. 322765
[e-mail]
EVE A. ZELINGER, State Bar No. 328862
[e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
633 West Fifth Street, Suite 1550
Los Angeles, CA 90071-2027
Telephone: [phone]
Facsimile: [phone]

14

Attorneys for Defendant Twitter, Inc.

8
9
10
11
12

15

UNITED STATES DISTRICT COURT

16

CENTRAL DISTRICT OF CALIFORNIA

17

WESTERN DIVISION

18
19

GENEVIEVE MORTON,
an individual,

20
21
22
23

v.

Plaintiff,

TWITTER, INC.,
a Delaware corporation, et. al,
Defendants.

24
25

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 2:20-cv-10434-GW-JEM
[PROPOSED] PROTECTIVE
ORDER
DISCOVERY MATTER
Hon. John E. McDermott

26
27
28
[PROPOSED] PROTECTIVE ORDER

1

CASE NO. 2:20-cv-10434-GW-JEM

1

Defendant Twitter, Inc. (“Twitter”) hereby requests that this Court enter the

2

following Protective Order (“Order”) governing the production and use of

3

confidential information, which is based substantially on the Central District of

4

California’s form protective order:

5

1.

A. PURPOSES AND LIMITATIONS

6

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

7

proprietary or private information for which special protection from public disclosure

8

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

9

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

10

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

11

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

12

under the applicable legal principles.

13

B. GOOD CAUSE STATEMENT

14

This action is likely to involve confidential user data and information, as well

15

as valuable financial and/or proprietary information for which special protection

16

from public disclosure and from use for any purpose other than prosecution of this

17

action is warranted. Such confidential and proprietary materials and information

18

consist of, among other things, confidential business or financial information,

19

information regarding confidential business practices, information regarding

20

confidential user data, or other confidential commercial information (including

21

information implicating the privacy rights of third parties), information otherwise

22

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

23

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

24

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

25

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

26

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

27

Parties are permitted reasonable necessary uses of such material in preparation for

28

and in the conduct of trial, to address their handling at the end of the litigation, and
[PROPOSED] PROTECTIVE ORDER

1

CASE NO. 2:20-cv-10434-GW-JEM

1

serve the ends of justice, a protective order for such information is justified in this

2

matter. Information will not be designated as confidential for tactical reasons and that

3

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

4

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

5

the public record in this case.

6

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

7

As set forth in Section 12.3, below, this Protective Order does not entitle them

8

to file confidential information under seal; Local Civil Rule 79-5 sets forth the

9

procedures that must be followed and the standards that will be applied when a party

10

seeks permission from the court to file material under seal. There is a strong

11

presumption that the public has a right of access to judicial proceedings and records

12

in civil cases. In connection with non-dispositive motions, good cause must be shown

13

to support a filing under seal. See Kamakana v. City and County of Honolulu, 447

14

F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-

15

11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D.

16

Wis. 1999) (even stipulated protective orders require good cause showing), and a

17

specific showing of good cause or compelling reasons with proper evidentiary

18

support and legal justification, must be made with respect to Protected Material that

19

a party seeks to file under seal. The parties’ mere designation of Disclosure or

20

Discovery Material as CONFIDENTIAL does not—without the submission of

21

competent evidence by declaration, establishing that the material sought to be filed

22

under seal qualifies as confidential, privileged, or otherwise protectable—constitute

23

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

24

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

25

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

26

See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each

27

item or type of information, document, or thing sought to be filed or introduced under

28

seal in connection with a dispositive motion or trial, the party seeking protection must
[PROPOSED] PROTECTIVE ORDER

2

CASE NO. 2:20-cv-10434-GW-JEM

1

articulate compelling reasons, supported by specific facts and legal justification, for

2

the requested sealing order. Again, competent evidence supporting the application to

3

file documents under seal must be provided by declaration. Any document that is not

4

confidential, privileged, or otherwise protectable in its entirety will not be filed under

5

seal if the confidential portions can be redacted. If documents can be redacted, then

6

a redacted version for public viewing, omitting only the confidential, privileged, or

7

otherwise protectable portions of the document, shall be filed. Any application that

8

seeks to file documents under seal in their entirety should include an explanation of

9

why redaction is not feasible.

10

2.

DEFINITIONS

11

2.1

Action: this pending federal lawsuit.

12

2.2

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

13
14

of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of

15

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

16

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

17

Cause Statement.

18

2.4

19
20

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

their support staff).
2.5

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

21

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

22

“CONFIDENTIAL.”

23

2.6

Disclosure or Discovery Material: all items or information, regardless

24

of the medium or manner generated, stored, or maintained (including, among other

25

things, testimony, transcripts, or tangible things) that are produced or generated in

26

disclosures or responses to discovery in this matter.

27
28
[PROPOSED] PROTECTIVE ORDER

3

CASE NO. 2:20-cv-10434-GW-JEM

1

2.7

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

2

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

3

an expert witness or as a consultant in this Action.

4

2.8

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

5

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

6

counsel.

7
8

2.9

Non-Party: any natural person, partnership, corporation, associations,

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

9

2.10 Outside Counsel of Record: attorneys who are not employees of a party

10

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

11

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

12

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

13

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

14

employees, consultants, retained experts, and outside counsel of record (and their

15

support staff).

16
17

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

18

2.13 Professional Vendors: persons or entities that provide litigation support

19

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

20

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

21

their employees and subcontractors.

22
23

2.14 Protected Material:

any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL.”

24

2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

25

from a Producing Party.

26

3.

SCOPE

27

The protections conferred by this Protective Order cover not only Protected

28

Material (as defined above), but also (1) any information copied or extracted from
[PROPOSED] PROTECTIVE ORDER

4

CASE NO. 2:20-cv-10434-GW-JEM

1

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

2

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

3

Counsel that might reveal Protected Material.

4

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

5

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

6

4.

DURATION

7

Once a case proceeds to trial, information that was designated as

8

CONFIDENTIAL or maintained pursuant to this protective order used or introduced

9

as an exhibit at trial becomes public and will be presumptively available to all

10

members of the public, including the press, unless compelling reasons supported by

11

specific factual findings to proceed otherwise are made to the trial judge in advance

12

of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

13

showing for sealing documents produced in discovery from “compelling reasons”

14

standard when merits-related documents are part of court record). Accordingly, the

15

terms of this protective order do not extend beyond the commencement of the trial.

16

5.

17

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection:

18

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

19

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

20

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

21

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

22

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

23

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

24

unjustifiably within the ambit of this Order.

25

Mass, indiscriminate, or routinized designations are prohibited. Designations

26

that are shown to be clearly unjustified or that have been made for an improper

27

purpose (e.g., to unnecessarily encumber or retard the case development process or

28
[PROPOSED] PROTECTIVE ORDER

5

CASE NO. 2:20-cv-10434-GW-JEM

1

to impose unnecessary expenses and burdens on other parties) expose the

2

Designating Party to sanctions.

3

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

4

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

5

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

6

5.2

Manner and Timing of Designations: Except as otherwise provided in

7

this Order (see, e.g., section 5.2(a) below), or as otherwise stipulated or ordered,

8

Disclosure or Discovery Material that qualifies for protection under this Order must

9

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

10

Designation in conformity with this Order requires: (a) for information in

11

documentary form (e.g., paper or electronic documents, but excluding transcripts of

12

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

13

minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”),

14

to each page that contains protected material. If only a portion of the material on a

15

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

16

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

17

or Non-Party that makes original documents available for inspection need not

18

designate them for protection until after the inspecting Party has indicated which

19

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

20

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

21

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

22

copied and produced, the Producing Party must determine which documents, or

23

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

24

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

25

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

26

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

27

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

28

testimony given in depositions that the Designating Party identifies the Disclosure or
[PROPOSED] PROTECTIVE ORDER

6

CASE NO. 2:20-cv-10434-GW-JEM

1

Discovery Material on the record, before the close of the deposition all protected

2

testimony. (c) for information produced in some form other than documentary and

3

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

4

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

5

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

6

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

7

portion(s).

8

5.3

Inadvertent Failure to Designate: If timely corrected, an inadvertent

9

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

10

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

11

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

12

efforts to assure that the material is treated in accordance with the provisions of this

13

Order.

14

6.

15

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges:

Any Party or Non-Party may challenge a

16

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

17

Scheduling Order.

18
19
20
21
22

6.2

Meet and Confer: The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
6.3

Joint Stipulation. Any challenge submitted to the Court shall be via a

joint stipulation pursuant to Local Rule 37-2.
6.4

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

23

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

24

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

25

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

26

the confidentiality designation by failing to file a motion to retain confidentiality as

27

described above, all Parties shall continue to afford the material in question the level

28
[PROPOSED] PROTECTIVE ORDER

7

CASE NO. 2:20-cv-10434-GW-JEM

1

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

2

Court rules on the challenge.

3

7.

4

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

under this Order.

13

7.2

Disclosure of “CONFIDENTIAL” Information or Items:

Unless

14

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

15

Receiving

16

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

17

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

18

reasonably necessary to disclose the information for this Action; (b) the officers,

19

directors, and employees (including House Counsel) of the Receiving Party to whom

20

disclosure is reasonably necessary for this Action; (c) Experts (as defined in this

21

Order) of the Receiving Party to whom disclosure is reasonably necessary for this

22

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

23

(Exhibit A); (d) the court and its personnel; (e) court reporters and their staff; (f)

24

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

25

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

26

“Acknowledgment and Agreement to Be Bound” (Exhibit A); (g) the author or

27

recipient of a document containing the information or a custodian or other person

28

who otherwise possessed or knew the information; (h) during their depositions,

Party

may

[PROPOSED] PROTECTIVE ORDER

disclose

any

8

information

or

item

designated

CASE NO. 2:20-cv-10434-GW-JEM

1

witnesses, and attorneys for witnesses, in the Action to whom disclosure is

2

reasonably necessary provided: (1) the deposing party requests that the witness sign

3

the form attached as Exhibit 1 hereto; and (2) they will not be permitted to keep any

4

confidential information unless they sign the “Acknowledgment and Agreement to

5

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

6

by the court. Pages of transcribed deposition testimony or exhibits to depositions that

7

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

8

be disclosed to anyone except as permitted under this Protective Order; and (i) any

9

mediator or settlement officer, and their supporting personnel, mutually agreed upon

10

by any of the parties engaged in settlement discussions.

11

8.

12

IN OTHER LITIGATION

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

13

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

14

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

15

“CONFIDENTIAL,” that Party must:

16
17

(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;

18

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

19

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

20

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

21

this Protective Order; and

22
23

(c) cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.

24

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

25

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

26

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

27

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

28

permission. The Designating Party shall bear the burden and expense of seeking
[PROPOSED] PROTECTIVE ORDER

9

CASE NO. 2:20-cv-10434-GW-JEM

1

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

2

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

3

disobey a lawful directive from another court.

4
5

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

PRODUCED IN THIS LITIGATION

6

(a) The terms of this Order are applicable to information produced by a Non-

7

Party in this action and designated as “CONFIDENTIAL.” Such information

8

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

9

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

10

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

11

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

12

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

13

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

14

confidential information, then the Party shall:

15

(1) promptly notify in writing the Requesting Party and the Non-Party

16

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

17

with a Non-Party;

18

(2) promptly provide the Non-Party with a copy of the Protective Order

19

in this litigation, the relevant discovery request(s), and a reasonably specific

20

description of the information requested; and

21
22

(3) make the information requested available for inspection by the NonParty.

23

(c) If the Non-Party fails to object or seek a protective order from this Court

24

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

25

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

26

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

27

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

28

the confidentiality agreement with the Non-Party before a determination by the
[PROPOSED] PROTECTIVE ORDER

10

CASE NO. 2:20-cv-10434-GW-JEM

1

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

2

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

3

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

Be Bound” by Protective Order that is attached hereto as Exhibit A.

12

11.

13

PROTECTED MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

14

When a Producing Party gives notice to Receiving Parties that certain

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

parties may incorporate their agreement in the protective order submitted to the court.

23

12.

24
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.

26

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

27

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

28

disclosing or producing any information or item on any ground not addressed in this
[PROPOSED] PROTECTIVE ORDER

11

CASE NO. 2:20-cv-10434-GW-JEM

1

Protective Order. Similarly, no Party waives any right to object on any ground to use

2

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 Local Civil Rule 79-5. Protected Material may

5

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

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

11

days of a written request by the Designating Party, each Receiving Party must return

12

all Protected Material to the Producing Party or destroy such material. As used in this

13

subdivision, “all Protected Material” includes all copies, abstracts, compilations,

14

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

15

Material. Whether the Protected Material is returned or destroyed, the Receiving

16

Party must submit a written certification to the Producing Party (and, if not the same

17

person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

18

(by category, where appropriate) all the Protected Material that was returned or

19

destroyed and (2) affirms that the Receiving Party has not retained any copies,

20

abstracts, compilations, summaries or any other format reproducing or capturing any

21

of the Protected Material. Notwithstanding this provision, Counsel are entitled to

22

retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

23

transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

24

reports, attorney work product, and consultant and expert work product, even if such

25

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

26

constitute Protected Material remain subject to this Protective Order as set forth in

27

Section 4 (DURATION).

28
[PROPOSED] PROTECTIVE ORDER

12

CASE NO. 2:20-cv-10434-GW-JEM

1
2
3

14.

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

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

4
5

FOR GOOD CAUSE SHOW, IT IS SO ORDERED.

6
7
8

Dated:
7/16/21

, 2021
Hon. John E. McDermott

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[PROPOSED] PROTECTIVE ORDER

13

CASE NO. 2:20-cv-10434-GW-JEM

1
2

L.R. 5-4.3.4 Attestation regarding Signature

3
4

The electronic filer attests that all other signatories listed and on whose behalf the

5

filing is submitted concur in the filing’s content and have authorized the filing.

6
7

Dated: July 16, 2021

By: /s/ Victor Jih

8

Victor Jih

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[PROPOSED] PROTECTIVE ORDER

14

CASE NO. 2:20-cv-10434-GW-JEM

1
2

EXHIBIT A

3

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

4

I, ________________________________ [print or type full name], of

5

________________________________ [print or type full address], declare under

6

penalty of perjury that I have read in its entirety and understand the Protective Order

7

that was issued by the United States District Court for the Central District of

8

California on July 16, 2021 in the case of Morton v. Twitter, Inc., No. 2:20-CV-

9

10434-GW-JEM.

10

I agree to comply with and to be bound by all the terms of this Protective Order,

11

and I understand and acknowledge that failure to so comply could expose me to

12

sanctions and punishment in the nature of contempt. I solemnly promise that I will

13

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

14

Order to any person or entity except in strict compliance with the provisions of this

15

Order.

16

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

17

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

18

Protective Order, even if such enforcement proceedings occur after termination of

19

this action.

20
21

Date: _________________________________

22

City

23

_____________________________________

24

Printed name: ____________________________

25

Signature: _______________________________

and

State

where

sworn

and

signed:

26
27
28
[PROPOSED] PROTECTIVE ORDER

15

CASE NO. 2:20-cv-10434-GW-JEM