Anne Wolf v. Hewlett Packard Company

Filing 35

PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Stipulation for Protective Order 34 . (ec)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12

ANNE WOLF, individually, and on
behalf of other members of the general
public similarly situated,

13

Plaintiff,

14

[PROPOSED] PROTECTIVE
ORDER

v.

15

Case No. 5:15-cv-01221-BRO-GJS

HEWLETT PACKARD COMPANY,

16

Defendant.

17
18
19

1.

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

20

proprietary or private information for which special protection from public

21

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

22

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

23

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

24

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

25

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

26

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

27

under the applicable legal principles.

28
CASE NO. 5:15-CV-01221-BRO-GJS

1

2.

2

GOOD CAUSE STATEMENT
This action is likely to involve trade secrets, customer and pricing lists and

3

other valuable research, development, commercial, financial, technical and/or

4

proprietary information for which special protection from public disclosure and

5

from use for any purpose other than prosecution of this action is warranted. Such

6

confidential and proprietary materials and information consist of, among other

7

things, confidential business and financial information, information regarding

8

confidential business practices, and other confidential research, development, or

9

commercial information (including information implicating privacy rights of third

10

parties), information otherwise generally unavailable to the public, or which may be

11

privileged or otherwise protected from disclosure under state or federal statutes,

12

court rules, case decisions, or common law. Accordingly, to expedite the flow of

13

information, to facilitate the prompt resolution of disputes over confidentiality of

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

of the public record of this case.

23

3.

24

ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
The parties further acknowledge, as set forth in Section 12.3, below, that this

25

Stipulated Protective Order does not entitle them to file confidential information

26

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

27

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

28

to file material under seal.
-2-

CASE NO. 5:15-CV-01221-BRO-GJS

1

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

2

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

3

good cause must be shown to support a filing under seal. See Kamakana v. City

4

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

5

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

6

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

7

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

8

compelling reasons with proper evidentiary support and legal justification, must be

9

made with respect to Protected Material that a party seeks to file under seal. The

10

parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL

11

does not—without the submission of competent evidence by declaration,

12

establishing that the material sought to be filed under seal qualifies as confidential,

13

privileged, or otherwise protectable—constitute good cause.

14

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

15

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

16

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

17

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

18

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

19

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

20

seeking protection must articulate compelling reasons, supported by specific facts

21

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

22

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

23

declaration.

24

Any document that is not confidential, privileged, or otherwise protectable in

25

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

26

If documents can be redacted, then a redacted version for public viewing, omitting

27

only the confidential, privileged, or otherwise protectable portions of the document,

28

shall be filed. Any application that seeks to file documents under seal in their
-3-

CASE NO. 5:15-CV-01221-BRO-GJS

1

entirety should include an explanation of why redaction is not feasible.

2

4.

DEFINITIONS

3

4.1

4

GJS (C.D. Cal.)

5

4.2

6
7

Action: Wolf v. Hewlett Packard Company, No. 5:15-cv-01221-BRO-

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

designation of information or items under this Order.
4.3

“CONFIDENTIAL” Information or Items: information (regardless of

8

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

9

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

10
11
12
13

the Good Cause Statement.
4.4

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

their support staff).
4.5

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

14

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

15

“CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER.”

16

4.6

Disclosure or Discovery Material: all items or information, regardless

17

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

18

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

19

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

20

4.7

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

21

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

22

an expert witness or as a consultant in this Action.

23

4.8

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

24

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

25

counsel.

26
27
28

4.9

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

other legal entity not named as a Party to this action.
4.10 Outside Counsel of Record: attorneys who are not employees of a
-4-

CASE NO. 5:15-CV-01221-BRO-GJS

1

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

2

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

3

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

4

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

5

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

6

support staffs).

7
8

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

9

4.13 Professional Vendors: persons or entities that provide litigation

10

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

11

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

12

and their employees and subcontractors.

13

4.14 Protected Material: any Disclosure or Discovery Material that is

14

designated as “CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER.”

15

4.15 Receiving Party: a Party that receives Disclosure or Discovery

16

Material from a Producing Party.

17

5.

SCOPE

18

The protections conferred by this Stipulation and Order cover not only

19

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

20

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

21

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

22

presentations by Parties or their Counsel that might reveal Protected Material.

23

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

24

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

25

6.

26

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

27

CONFIDENTIAL or maintained pursuant to this protective order used or

28

introduced as an exhibit at trial becomes public and will be presumptively available
-5-

CASE NO. 5:15-CV-01221-BRO-GJS

1

to all members of the public, including the press, unless compelling reasons

2

supported by specific factual findings to proceed otherwise are made to the trial

3

judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing

4

“good cause” showing for sealing documents produced in discovery from

5

“compelling reasons” standard when merits-related documents are part of court

6

record). Accordingly, the terms of this protective order do not extend beyond the

7

commencement of the trial.

8

7.

9

DESIGNATING PROTECTED MATERIAL
7.1

Exercise of Restraint and Care in Designating Material for Protection.

10

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

11

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

12

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

13

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

14

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

15

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

16

unjustifiably within the ambit of this Order.

17

Mass, indiscriminate or routinized designations are prohibited. Designations

18

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

19

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

20

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

21

Designating Party to sanctions.

22

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

23

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

24

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

25

7.2

Manner and Timing of Designations. Except as otherwise provided in

26

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

27

stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

28

under this Order must be clearly so designated before the material is disclosed or
-6-

CASE NO. 5:15-CV-01221-BRO-GJS

1
2
3

produced.
Designation in conformity with this Order requires:
(a)

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

4

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

5

proceedings), that the Producing Party affix at a minimum, the legend

6

“CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER” (hereinafter

7

“CONFIDENTIAL legend”), to each page that contains protected material. If only

8

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

9

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

10

in the margins).

11

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

12

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

13

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

14

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

15

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

16

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

17

which documents, or portions thereof, qualify for protection under this Order.

18

Then, before producing the specified documents, the Producing Party must affix the

19

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

20

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

21

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

22

in the margins).

23

(b)

for testimony given in depositions that the Designating Party

24

identifies the Disclosure or Discovery Material on the record, before the close of

25

the deposition all protected testimony.

26

(c)

for information produced in some form other than documentary

27

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

28

on the exterior of the container or containers in which the information is stored the
-7-

CASE NO. 5:15-CV-01221-BRO-GJS

1

legend “CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER.” If only a

2

portion or portions of the information warrants protection, the Producing Party, to

3

the extent practicable, shall identify the protected portion(s).

4

7.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

5

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

6

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

7

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

8

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

9

provisions of this Order.

10

8.

11

CHALLENGING CONFIDENTIALITY DESIGNATIONS
8.1

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

12

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

13

Scheduling Order.

14
15

8.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.

16

8.3

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

17

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

18

purpose (e.g., to harass or impose unnecessary expenses and burdens on other

19

parties) may expose the Challenging Party to sanctions. Unless the Designating

20

Party has waived or withdrawn the confidentiality designation, all parties shall

21

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

22

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

23

challenge.

24

9.

25

ACCESS TO AND USE OF PROTECTED MATERIAL
9.1

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

26

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

27

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

28

Protected Material may be disclosed only to the categories of persons and under the
-8-

CASE NO. 5:15-CV-01221-BRO-GJS

1

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

2

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

3

DISPOSITION).

4

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

5

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

6

authorized under this Order.

7

9.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

8

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

9

Receiving Party may disclose any information or item designated

10

“CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER” only to:

11

(a)

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

12

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

13

necessary to disclose the information for this Action;

14

(b)

the officers, directors, and employees (including House

15

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

16

Action;

17

(c)

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

18

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

19

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

20

(d)

the court and its personnel;

21

(e)

court reporters and their staff;

22

(f)

professional jury or trial consultants, mock jurors, and

23

Professional Vendors to whom disclosure is reasonably necessary for this Action and

24

who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

25
26
27
28

(g)

the author or recipient of a document containing the information

or a custodian or other person who otherwise possessed or knew the information;
(h)

during their depositions, witnesses, and attorneys for witnesses,

in the Action to whom disclosure is reasonably necessary provided: (1) the
-9-

CASE NO. 5:15-CV-01221-BRO-GJS

1

deposing party requests that the witness sign the form attached as Exhibit 1 hereto;

2

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

3

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

4

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

5

transcribed deposition testimony or exhibits to depositions that reveal Protected

6

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

7

anyone except as permitted under this Stipulated Protective Order; and

8
9

(i)

any mediator or settlement officer, and their supporting

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

10

discussions.

11

10.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

12

IN OTHER LITIGATION

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—SUBJECT TO PROTECTIVE ORDER,” that Party must:

16
17
18

(a)

promptly notify in writing the Designating Party. Such

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

promptly notify in writing the party who caused the subpoena or

19

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

20

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

21

include a copy of this Stipulated Protective Order; and

22
23
24

(c)

cooperate with respect to all reasonable procedures sought to be

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

25

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

26

action as “CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER” before a

27

determination by the court from which the subpoena or order issued, unless the

28

Party has obtained the Designating Party’s permission. The Designating Party shall
- 10 -

CASE NO. 5:15-CV-01221-BRO-GJS

1

bear the burden and expense of seeking protection in that court of its confidential

2

material and nothing in these provisions should be construed as authorizing or

3

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

4

another court.

5

11.

6
7

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a)

The terms of this Order are applicable to information produced

8

by a Non-Party in this Action and designated as “CONFIDENTIAL—SUBJECT

9

TO PROTECTIVE ORDER.” Such information produced by Non-Parties in

10

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

11

this Order. Nothing in these provisions should be construed as prohibiting a Non-

12

Party from seeking additional protections.

13

(b)

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

14

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

15

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

16

confidential information, then the Party shall:

17

(1)

promptly notify in writing the Requesting Party and the

18

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

19

confidentiality agreement with a Non-Party;

20

(2)

promptly provide the Non-Party with a copy of the

21

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

22

reasonably specific description of the information requested; and

23
24
25

(3)

make the information requested available for inspection

by the Non-Party, if requested.
(c)

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

26

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

27

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

28

to the discovery request. If the Non-Party timely seeks a protective order, the
- 11 -

CASE NO. 5:15-CV-01221-BRO-GJS

1

Receiving Party shall not produce any information in its possession or control that

2

is subject to the confidentiality agreement with the Non-Party before a

3

determination by the court. Absent a court order to the contrary, the Non-Party

4

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

5

Material.

6

12.

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

13.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

16

PROTECTED MATERIAL

17

When a Producing Party gives notice to Receiving Parties that certain

18

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

19

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

20

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

21

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

22

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

23

502(d) and (e), the production of a privileged or work-product-protected document,

24

whether inadvertent or otherwise, is not a waiver of privilege or protection from

25

discovery in this case or in any other federal or state proceeding.

26

14.

27
28

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

person to seek its modification by the Court in the future.
- 12 -

CASE NO. 5:15-CV-01221-BRO-GJS

1

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

2

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

3

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

4

this Stipulated Protective Order. Similarly, no Party waives any right to object on

5

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

6

Order.

7

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

8

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

9

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

10

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

11

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

12

in the public record unless otherwise instructed by the court.

13

15.

14

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

15

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

16

return all Protected Material to the Producing Party or destroy such material. As

17

used in this subdivision, “all Protected Material” includes all copies, abstracts,

18

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

19

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

20

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

21

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

22

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

23

returned or destroyed and (2) affirms that the Receiving Party has not retained any

24

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

25

capturing any of the Protected Material. Notwithstanding this provision, Counsel

26

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

27

deposition, and hearing transcripts, legal memoranda, correspondence, deposition

28

and trial exhibits, expert reports, attorney work product, and consultant and expert
- 13 -

CASE NO. 5:15-CV-01221-BRO-GJS

1

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

2

copies that contain or constitute Protected Material remain subject to this Protective

3

Order as set forth in Section 4 (DURATION).

4

16.

5

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

6

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

7

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

8
9

DATED: February 8, 2016

10
11
12

_____________________________________
HON. GAIL J. STANDISH
United States Magistrate Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 14 -

CASE NO. 5:15-CV-01221-BRO-GJS

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

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

4

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

5

that I have read in its entirety and understand the Stipulated Protective Order that

6

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

7

on __________ in the case Wolf v. Hewlett Packard Company, No. 5:15-cv-

8

01221-BRO-GJS (C.D. Cal.). I agree to comply with and to be bound by all the

9

terms of this Stipulated Protective Order and I understand and acknowledge that

10

failure to so comply could expose me to sanctions and punishment in the nature of

11

contempt. I solemnly promise that I will not disclose in any manner any

12

information or item that is subject to this Stipulated Protective Order to any person

13

or entity except in strict compliance with the provisions of this Order.

14

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

15

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

16

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

17

this action. I hereby appoint __________________________ [print or type full

18

name] of _______________________________________ [print or type full

19

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

20

connection with this action or any proceedings related to enforcement of this

21

Stipulated Protective Order.

22

Date: ______________________________________

23
24

City and State where sworn and signed: _________________________________

25
26

Printed name: _______________________________

27
28

Signature: _________________________________________
- 15 -

CASE NO. 5:15-CV-01221-BRO-GJS