American Honda Motor Co., Inc. v. LKQ Corporation

Filing 41

STIPULATED PROTECTIVE ORDER by Magistrate Judge Steve Kim re Stipulation for Protective Order 39 . [See document for further details.] (et)

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William A. Delgado (SBN 222666)
[e-mail]
Shilpa Coorg (SBN 278034)
[e-mail]
DTO LAW
601 South Figueroa Street, Suite
2130
Los Angeles, CA 90017
Telephone: [phone]
Prachi Mehta (SBN 332350)
[e-mail]
DTO LAW
2400 Broadway Street, Suite 220
Redwood City, CA 94063
Telephone: [phone]
Attorneys for Plaintiff
AMERICAN HONDA MOTOR
CO., INC.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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AMERICAN HONDA MOTOR CO., Case No.: 2:21-cv-08210-AB (SK)
INC., a California Corporation,
Hon. Andre Birotte Jr.
Plaintiff,
STIPULATED PROTECTIVE
ORDER
v.
LKQ CORP.,
Defendant.

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Complaint filed: October 15, 2021

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LKQ CORPORATION,
Counterclaimant,

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v.

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AMERICAN HONDA MOTOR CO.,
INC., a California Corporation,

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Counter-Defendant.

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STIPULATED PROTECTIVE ORDER
212822.12

1 1.

A. PURPOSES AND LIMITATIONS

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Discovery in this action is likely to involve production of

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confidential, proprietary, or private information for which special

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protection from public disclosure and from use for any purpose other

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than prosecuting this litigation may be warranted. Accordingly, the

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parties hereby stipulate to and petition the Court to enter the following

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Stipulated Protective Order. The parties acknowledge that this Order

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does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords from public disclosure and

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use extends only to the limited information or items that are entitled to

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confidential treatment under the applicable legal principles. The parties

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further acknowledge, as set forth in Section 13.3, below, that this

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Stipulated Protective Order does not entitle them to file confidential

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

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

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party seeks permission from the court to file material under seal.
B. 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 related to the products of

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American Honda Motor Co., Inc. and LKQ Corp., and the design patents

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at issue in the case for which special protection from public disclosure

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and from use for any purpose other than prosecution of this action is

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warranted.

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information consist of, among other things, confidential business or

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financial information, information regarding confidential business

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practices, or other confidential research, development, or commercial

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information (including information implicating privacy rights of third

Such

confidential and proprietary

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STIPULATED PROTECTIVE ORDER
212822.12

materials

and

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parties), information otherwise generally unavailable to the public, or

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which may be privileged or otherwise protected from disclosure under

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state or federal statutes, court rules, case decisions, or common law.

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Accordingly, to expedite the flow of information, to facilitate the prompt

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resolution of disputes over confidentiality of discovery materials, to

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adequately protect information the parties are entitled to keep

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confidential, to ensure that the parties are permitted reasonable

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necessary uses of such material in preparation for and in the conduct of

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

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

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matter. It is the intent of the parties that information will not be

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designated as confidential for tactical reasons and that nothing be so

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designated without a good faith belief that it has been maintained in a

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confidential, non-public manner, and there is good cause why it should

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not be part of the public record of this case.

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2.

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2.1

Action: American Honda Motor Co., Inc., v. LKQ Corp., Case

No. 2:21-cv-08210 (C.D. Cal., filed Oct. 15, 2021).

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DEFINITIONS

2.2

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

designation of information or items under this Order.

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2.3

“CONFIDENTIAL” Information or Items:

information

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

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things that qualify for protection under Federal Rule of Civil Procedure

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26(c) and contains (a) personal information, including but not limited to

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financial account numbers; (b) a Party’s previously nondisclosed

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proprietary and confidential business information; (c) information about

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a Party’s information technology systems or databases; or (d) any other

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category of information hereinafter given confidential status by the
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STIPULATED PROTECTIVE ORDER
212822.12

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Court.

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2.4

“ATTORNEY’S EYES ONLY” (“AEO”) Information or Items:

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

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tangible things that qualify for protection under Federal Rule of Civil

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Procedure 26(c), and contains (a) financial information (e.g., revenues,

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costs, profits) or (b) trade secret information.

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2.5

Counsel: Outside Counsel of Record and House Counsel (as

well as their support staff).

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2.6

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” or “AEO.”

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2.7

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

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responses to discovery in this matter.

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2.8

Independent Expert: a person with specialized knowledge or

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experience in a matter pertinent to the litigation who has been retained

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by a Party or its counsel to serve as an expert witness or as a consultant

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in this Action (as to whom the procedures set forth in Paragraphs 5.1 and

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5.2 have been followed).

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2.9

House Counsel: attorneys who are employees of a party to

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this Action. House Counsel does not include Outside Counsel of Record

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or any other outside counsel.

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2.10 Non-Party:

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any natural person, partnership, corporation,

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

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2.11 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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STIPULATED PROTECTIVE ORDER
212822.12

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

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

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(and their support staffs).

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2.12 Party: any party to this Action, including all of its corporate

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affiliates,

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Independent Experts, and Outside Counsel of Record (and their support

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staffs).

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officers,

directors,

2.13 Producing Party:

employees,

consultants,

retained

a Party or Non-Party that produces

Disclosure or Discovery Material in this Action.

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2.14 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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2.15 Protected Material:

any Disclosure or Discovery Material

that is designated as “CONFIDENTIAL” or “AEO.”

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2.16 Receiving Party:

a Party that receives Disclosure or

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Discovery Material from a Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not

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

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

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

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conversations, or presentations by Parties or their Counsel that might

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reveal Protected Material.

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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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STIPULATED PROTECTIVE ORDER
212822.12

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4.

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

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Designating Party agrees otherwise in writing or a court order otherwise

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directs. Final disposition shall be deemed to be the later of (1) dismissal

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of all claims and defenses in this Action, with or without prejudice; and

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(2) final judgment herein after the completion and exhaustion of all

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appeals, rehearings, remands, trials, or reviews of this Action, including

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the time limits for filing any motions or applications for extension of time

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pursuant to applicable law.

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5.

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INDEPENDENT EXPERTS
5.1

Designating an Independent Expert.

The right of any

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independent expert to receive any Material that is designated as

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“CONFIDENTIAL” or “AEO” will be subject to the advance approval of

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such expert by the Producing Party. The Party seeking approval of an

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independent expert must provide the Producing Party with the name and

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curriculum vitae of the proposed independent expert. Such expert may

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not be a current employee of a Party.

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“CONFIDENTIAL” or “AEO” may be disclosed to an independent expert

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if ten (10) business days have passed since receipt of the identification of

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the proposed expert and no objection has been made by the Producing

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Party. The approval of independent experts must not be unreasonably

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withheld.

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5.2

Material designated as

Objection to an Independent Expert. Any objection by the

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Producing Party to an independent expert receiving “CONFIDENTIAL”

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or “AEO” Information must be made in writing within the ten (10)

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business day period described in Paragraph 5.1. If a Producing Party

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objects, it and the Party seeking approval shall attempt, in good faith, to
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STIPULATED PROTECTIVE ORDER
212822.12

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resolve the dispute. If the dispute is not resolved within five (5) business

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days of receipt of the objection by the Party seeking approval, the

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objecting Party may thereafter move the Court for a ruling on the

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objection within three (3) business days. If the objecting Party does not

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move the Court within eight (8) business days of receipt of the objection,

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the

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“CONFIDENTIAL” or “AEO” may be disclosed to the proposed

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independent expert. If the objecting Party has moved the Court, until

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the court has ruled on the objection or the matter has been otherwise

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resolved, information designed as “CONFIDENTIAL” or “AEO” shall not

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be disclosed to the proposed independent expert.

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6.

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objection

is

deemed

waived

and

information

designated

DESIGNATING PROTECTED MATERIAL
6.1

Exercise of Restraint and Care in Designating Material for

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Protection. Each Party or Non-Party that designates information or

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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

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

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communications that qualify so that other portions of the material,

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documents, items, or communications for which protection is not

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warranted are not swept unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited.

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Designations that are shown to be clearly unjustified or that have been

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made for an improper purpose (e.g., to unnecessarily encumber the case

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development process or to impose unnecessary expenses and burdens on

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other parties) may expose the Designating Party to sanctions.

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

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items that it designated for protection do not qualify for protection, that
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STIPULATED PROTECTIVE ORDER
212822.12

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Designating Party must promptly notify all other Parties that it is

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withdrawing the inapplicable designation.

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6.2

Manner and Timing of Designations. Except as otherwise

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provided in this Order (see, e.g., second paragraph of section 6.2(a) and

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section 6.2(b), below), or as otherwise stipulated or ordered, Disclosure or

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Discovery Material that qualifies for protection under this Order must be

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clearly so designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:

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(a)

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

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electronic documents, but excluding transcripts of depositions or other

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

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minimum, the legend “CONFIDENTIAL” or “AEO” (hereinafter

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“CONFIDENTIAL Legend” and “AEO Legend,” respectively), to each

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

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inspection need not designate them for protection until after the

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inspecting Party has indicated which documents it would like copied and

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produced. During the inspection and before the designation, all of the

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material

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“CONFIDENTIAL” and “AEO.” After the inspecting Party has identified

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the documents 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 Legend and/or AEO

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Legend to each page that contains Protected Material. If only a portion

made

available

for

inspection

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STIPULATED PROTECTIVE ORDER
212822.12

shall

be

deemed

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

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

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by making appropriate markings in the margins).

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(b) for testimony given in depositions that the Designating

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Party identify the Disclosure or Discovery Material on the record all

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protected testimony, before the close of the deposition, hearing or other

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proceeding, or within 21 days after the transcript is delivered, unless

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another time is agreed between the parties. All testimony taken in this

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case shall be treated as Protected Material until the expiration of 21 days

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after the transcript is delivered to any party or the witness. Within this

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time period, a Designating Party may serve a Notice of Designation to all

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parties of record as to the specific portions of the testimony that are

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designated as Protected Material, and thereafter only those portions

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identified in the Notice of Designation shall be protected by the terms of

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this Order.

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(c)

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

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in which the information is stored the legends “CONFIDENTIAL” and

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

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

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the protected portion(s).

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6.3

Inadvertent Failures to Designate. If timely corrected, an

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inadvertent failure to designate qualified information or items does not,

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standing alone, waive the Designating Party’s right to secure protection

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under this Order for such material.

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designation, the Receiving Party must make reasonable efforts to assure

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that the material is treated in accordance with the provisions of this

Upon timely correction of a

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STIPULATED PROTECTIVE ORDER
212822.12

1

Order.

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7.

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DESIGNATIONS

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CHALLENGING CONFIDENTIALITY AND AEO
7.1

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

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a designation of confidentiality at any time that is consistent with the

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Court’s Scheduling Order.

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7.2

Meet and Confer. The Challenging Party shall initiate the

dispute resolution process under Local Rule 37.1 et seq.

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7.3

The burden of persuasion in any such challenge proceeding

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shall be on the Designating Party. Frivolous challenges, and those made

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

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and burdens on other parties) may expose the Challenging Party to

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sanctions. Unless the Designating Party has waived or withdrawn the

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“CONFIDENTIAL” or “AEO” designation, all parties shall continue to

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afford the material in question the level of protection to which it is

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entitled under the Producing Party’s designation until the Court rules on

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the challenge.

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8.

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ACCESS TO AND USE OF PROTECTED MATERIAL
8.1

Basic Principles.

A Receiving Party may use Protected

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Material that is disclosed or produced by another Party or by a Non-Party

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in connection with this Action only for prosecuting, defending, or

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attempting to settle this Action.

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disclosed only to the categories of persons and under the conditions

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described in this Order.

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Receiving Party must comply with the provisions of section 14 below

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(FINAL DISPOSITION).

Such Protected Material may be

When the Action has been terminated, a

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Protected Material must be stored and maintained by a Receiving

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Party at a location and in a secure manner that ensures that access is
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STIPULATED PROTECTIVE ORDER
212822.12

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limited to the persons authorized under this Order.

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Nothing in this Order shall limit a party’s use or disclosure of his

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or her own information designated as Protected Material.

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nothing in this Order precludes a Producing Party or a Designating Party

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from seeking the entry of a separate order to govern materials for which

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additional protection is needed.

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8.2

Further,

Disclosure of “CONFIDENTIAL” Information or Items.

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Unless otherwise ordered by the court or permitted in writing by the

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Designating Party, a Receiving Party may disclose any information or

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item designated “CONFIDENTIAL” only to:

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(a)

the Receiving Party’s Outside Counsel of Record in this

Action;

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(b)

the officers, directors, and employees (including House

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Counsel) of the Receiving Party to whom disclosure is reasonably

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necessary for this Action;

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(c)

Independent Experts (as to whom the procedures set forth in

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Paragraphs 5.1 and 5.2 have been followed) to whom disclosure is

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reasonably necessary for this Action and who have signed the

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

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(d)

the court and its personnel;

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(e)

court reporters and their staff;

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(f)

professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably necessary for this

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

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Bound” (Exhibit A);

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(g)

the author or recipient of a document containing the

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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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STIPULATED PROTECTIVE ORDER
212822.12

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(h) during their depositions, witnesses of a Party producing the

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Protected Material, provided: (1) the deposing party requests that the

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witness sign the “Acknowledgment and Agreement to be Bound” (Exhibit

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A); and (2) they will not be permitted to keep any confidential information

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unless they sign the “Acknowledgment and Agreement to Be Bound”

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

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

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depositions that reveal Protected Material may be separately bound by

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

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under this Stipulated Protective Order; and

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(i)

any mediator or settlement officer, and their supporting

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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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8.3

Disclosure of “AEO” Information or Items. AEO material may

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be disclosed only in accordance with the provisions of this Stipulation and

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Order and only to the individuals listed in Section 8.2 except that it shall

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not be disclosed to any individual listed in Section 8.2(b) who is not House

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Counsel.

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9.

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PRODUCED IN OTHER LITIGATION

PROTECTED MATERIAL SUBPOENAED OR ORDERED

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

22

litigation that compels disclosure of any information or items designated

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in this Action as “CONFIDENTIAL” or “AEO,” that Party must:

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(a)promptly notify in writing the Designating Party.

Such

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

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(b) 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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STIPULATED PROTECTIVE ORDER
212822.12

1

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

2

Order; and

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

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be pursued by the Designating Party whose Protected Material may be

5

affected.

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

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served with the subpoena or court order shall not produce any

8

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

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before a determination by the court from which the subpoena or order

10

issued, unless the Party has obtained the Designating Party’s

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

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seeking protection in that court of its “CONFIDENTIAL” or “AEO”

13

material and nothing in these provisions should be construed as

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authorizing or encouraging a Receiving Party in this Action to disobey a

15

lawful directive from another court.

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10.

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PRODUCED IN THIS LITIGATION

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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
(a)

The terms of this Order are applicable to information

19

produced

20

“CONFIDENTIAL” or “AEO.”

21

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

22

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

23

construed as prohibiting a Non-Party from seeking additional

24

protections.

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(b)

by

a

Non-Party

in

this

Action

and

designated

as

Such information produced by Non-

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

26

request, to produce a Non-Party’s “CONFIDENTIAL” or “AEO”

27

information in its possession, and the Party is subject to an agreement

28

with the Non-Party not to produce the Non-Party’s “CONFIDENTIAL”
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STIPULATED PROTECTIVE ORDER
212822.12

1

or “AEO” information, then the Party shall:

2

(1)

promptly notify in writing the Requesting Party and the

3

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

4

confidentiality agreement with a Non-Party;

5

(2)

promptly provide the Non-Party with a copy of the

6

Stipulated Protective Order in this Action, the relevant discovery

7

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

8

requested; and

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10

(3)

make the information requested available for inspection

by the Non-Party, if requested.

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(c)

If the Non-Party fails to seek a protective order from this court

12

within 30 days of receiving the notice and accompanying information, the

13

Receiving Party may produce the Non-Party’s “CONFIDENTIAL” or

14

“AEO” information responsive to the discovery request. If the Non-Party

15

timely seeks a protective order, the Receiving Party shall not produce any

16

information in its possession or control that is subject to the

17

confidentiality agreement with the Non-Party before a determination by

18

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

19

the burden and expense of seeking protection in this court of its Protected

20

Material.

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11.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

22

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

23

has disclosed Protected Material to any person or in any circumstance

24

not authorized under this Stipulated Protective Order, Receiving Party

25

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

26

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

27

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

28

persons to whom unauthorized disclosures were made of all the terms of
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STIPULATED PROTECTIVE ORDER
212822.12

1

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

2

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

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12.

4

OTHERWISE PROTECTED MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR

5

When a Producing Party gives notice to Receiving Parties that

6

certain inadvertently produced material is subject to a claim of privilege

7

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

8

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

9

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

10

discovery order that provides for production without prior privilege

11

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

12

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

13

communication or information covered by the attorney-client privilege or

14

work product protection, the parties may incorporate their agreement in

15

the stipulated protective order submitted to the court or may submit a

16

separate order for entry by stipulation.

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13.

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19

MISCELLANEOUS
13.1 Right to Further Relief. Nothing in this Order abridges the

right of any person to seek its modification by the Court in the future.

20

13.2 Right to Assert Other Objections. By stipulating to the entry

21

of this Protective Order no Party waives any right it otherwise would

22

have to object to disclosing or producing any information or item on any

23

ground not addressed in this Stipulated Protective Order. Similarly, no

24

Party waives any right to object on any ground to use in evidence of any

25

of the material covered by this Protective Order.

26

13.3 Filing Protected Material. A Party that seeks to file under

27

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

28

Protected Material may only be filed under seal pursuant to a court order
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STIPULATED PROTECTIVE ORDER
212822.12

1

authorizing the sealing of the specific Protected Material at issue. If a

2

Party's request to file Protected Material under seal is denied by the

3

court, then the Receiving Party may file the information in the public

4

record unless otherwise instructed by the court.

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14.

FINAL DISPOSITION

6

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

7

within 60 days of a written request by the Designating Party, each

8

Receiving Party must return all Protected Material to the Producing

9

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

10

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

11

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

12

Whether the Protected Material is returned or destroyed, the Receiving

13

Party must submit a written certification to the Producing Party (and, if

14

not the same person or entity, to the Designating Party) by the 60 day

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

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

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

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summaries or any other format reproducing or capturing any of the

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Protected Material. Notwithstanding this provision, Counsel are entitled

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to retain an archival copy of all pleadings, motion papers, trial,

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deposition, and hearing transcripts, legal memoranda, correspondence,

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deposition and trial exhibits, expert reports (prepared by Independent

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Experts), attorney work product, and consultant and expert work product

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(prepared by Independent Experts), even if such materials contain

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Protected Material. Any such archival copies that contain or constitute

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

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Section 4 (DURATION).

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15.

Any violation of this Order may be punished by any and all
15
STIPULATED PROTECTIVE ORDER

212822.12

1

appropriate

2

proceedings and/or monetary sanctions.

measures

including,

without

limitation,

contempt

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4

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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6

February 11, 2022
DATED _______________________

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/s/ William A. Delgado
_____________________________________
Attorney for Plaintiff
February 11, 2022
DATED: ________________________

/s/ Reid P. Huefner
_____________________________________
Attorney for Defendant

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ATTESTATION

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I hereby certify, pursuant to Local Rule 5-4.3.4(a)(2)(i), that all other

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signatories listed, and on whose behalf this document is submitted,

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concur in the document’s contents and have authorized its filing and

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the placement of their electronic signatures above.

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21

Dated: February 11, 2022

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DTO LAW
By: /s/ William A. Delgado

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William A. Delgado

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16

STIPULATED PROTECTIVE ORDER
212822.12

1

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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3

February 14, 2022
DATED: ________________________

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8

____________________________________
Honorable Steve Kim
United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER
212822.12

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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4

I,

_____________________________

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_________________ [print or type full address], declare under penalty of

6

perjury that I have read in its entirety and understand the Stipulated

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Protective Order that was issued by the United States District Court for

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the Central District of California on ___ in the case of American Honda

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Motor Co., Inc. v. LKQ Corp., 2:21-cv-08210-AB-SK. I agree to comply

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with and to be bound by all the terms of this Stipulated Protective Order

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

12

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

13

promise that I will not disclose in any manner any information or item

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that is subject to this Stipulated Protective Order to any person or entity

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except in strict compliance with the provisions of this Order.

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

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Court for the Central District of California for the purpose of enforcing

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the terms of this Stipulated Protective Order, even if such enforcement

19

proceedings occur after termination of this action. I hereby appoint

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__________________________

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_______________________________________ [print or type full address and

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

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connection with this action or any proceedings related to enforcement of

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this Stipulated Protective Order.

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Date: ________________________

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City

27

_______________________________

and

State

[print

[print

where

or

or type

type

sworn

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18
STIPULATED PROTECTIVE ORDER
212822.12

full

full

and

name],

name]

of

of

signed:

1

Printed name: _______________________________

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3

Signature: __________________________________

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STIPULATED PROTECTIVE ORDER
212822.12