Veda Woodard v. Lee Labrada et al

Filing 129

STIPULATED PROTECTIVE ORDER FOR CONFIDENTIAL INFORMATION by Magistrate Judge Sheri Pym [NOTE CHANGE MADE BY THE COURT IN 7.3](SEE ORDER FOR DETAILS). (kca)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EASTERN DIVISION

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VEDA WOODARD, TERESA
Case No. 5:16-cv-00189-JGB (SPx)
RIZZO-MARINO, and DIANE
MORRISON on behalf of themselves,
all others similarly situated, and the
general public,
DISCOVERY MATTER
Plaintiffs,
STIPULATED PROTECTIVE ORDER
vs.
FOR CONFIDENTIAL INFORMATION
LEE LABRADA, LABRADA
BODYBUILDING NUTRITION,
Referred to the Honorable Sheri Pym
INC.; LABRADA NUTRITIONAL
SYSTEMS, INC.; DR. MEHMET C.
OZ, M.D.; ENTERTAINMENT
[NOTE CHANGE MADE BY THE
MEDIA VENTURES, INC., d/b/a OZ COURT IN ¶ 7.3]
MEDIA; ZOCO PRODUCTIONS
LLC; HARPO PRODUCTIONS,
INC.; SONY PICTURES
TELEVISION, INC.; NATUREX,
INC.; and INTERHEALTH
NUTRACEUTICALS, INC.,
Defendants.

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1. PURPOSES AND LIMITATIONS

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Disclosure and discovery activity in this Action are likely to involve

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production of confidential, proprietary, or private information for which special

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protection from public disclosure and from use for any purpose other than

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prosecuting this litigation may be warranted. Accordingly, the parties hereby

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stipulate to and petition the Court to enter the following Stipulated Protective Order.
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The parties acknowledge that this Order does not confer blanket protections on all

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disclosures or responses to discovery and that the protection it affords from public

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

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to confidential treatment under the applicable legal principles. The parties further

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acknowledge, as set forth in Section 13.3, below, that this Stipulated Protective

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

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Rule 79-5 sets forth the procedures that must be followed and the standards that will

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be applied when a party seeks permission from the Court to file material under seal.

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2. GOOD CAUSE STATEMENT

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This Action is likely to involve customer and pricing lists and other valuable

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research, development, commercial, financial, technical and/or proprietary

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information for which special protection from public disclosure and from use for

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any purpose other than prosecution of this Action is warranted. Such confidential

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and proprietary materials and information consist of, among other things,

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confidential business or financial information, information regarding confidential

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

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information (including information implicating privacy rights of third parties),

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

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

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court rules, case decisions, or common law. Additionally, some of the defendants

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are competitors. Accordingly, to expedite the flow of information, to facilitate the

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prompt resolution of disputes over confidentiality of discovery materials, to

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adequately protect information the parties are entitled to keep confidential, to ensure

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that the parties are permitted reasonable necessary uses of such material in

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

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

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justified in this 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 designated
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without a good faith belief that it has been maintained in a confidential, non-public

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manner, and there is good cause why it should not be part of the public record of

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this case.

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3. DEFINITIONS

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3.1.

Action: the above-captioned law suit.

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3.2.

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

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of information or items under this Order.
3.3.

“CONFIDENTIAL” Information or Items: information (regardless of

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

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

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the good cause statement.

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3.4.

Counsel (without qualifier): Outside Counsel of Record and House

Counsel (as well as their support staff).
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Designated House Counsel: House Counsel who seek access to

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information in this

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matter.

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3.6.

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

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY.”

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3.7.

Disclosure or Discovery Material: all items or information, regardless of

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

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

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

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3.8.

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

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pertinent to the litigation who (1) has been retained by a Party or its counsel to serve

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as an expert witness or as a consultant in this Action, and (2) is not a past or current

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employee of a Party or of a Party’s competitor.
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3.9.

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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Information or Items: extremely sensitive “Confidential Information or Items,”

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disclosure of which to another Party or Non-Party would create a substantial risk of

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serious harm that could not be avoided by less restrictive means.

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

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

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counsel.

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3.11. Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this Action.

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

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

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

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

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

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

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support staffs).

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

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3.15. Professional Vendors: persons or entities that provide litigation support

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

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

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and their employees and subcontractors.

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3.16. Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY.”

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3.17. Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.

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4. SCOPE

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The protections conferred by this Stipulation and Order cover not only

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

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

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

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

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However, the protections conferred by this Stipulation and Order do not cover the

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following information: (a) any information that is in the public domain at the time

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of disclosure to a Receiving Party or becomes part of the public domain after its

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disclosure to a Receiving Party as a result of publication not involving a violation

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of this Order, including becoming part of the public record through trial or

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otherwise; and (b) any information known to the Receiving Party prior to the

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disclosure or obtained by the Receiving Party after the disclosure from a source who

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obtained the information lawfully and under no obligation of confidentiality to the

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Designating Party. Any use of Protected Material at trial shall be governed by a

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separate agreement or order. This Order does not govern the use of Protected

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Material at trial.

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5. DURATION

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Even after final disposition of this Action, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this Action,

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with or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including 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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6. DESIGNATING PROTECTED MATERIAL
6.1.

Exercise of Restraint and Care in Designating Material for Protection.

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

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

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qualifies under the appropriate standards. To the extent it is practical to do so, the

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Designating Party must designate for protection only those parts of material,

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documents, items, or oral or written communications that qualify – so that other

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portions of the material, documents, items, or communications for which protection

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

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

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

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Designating Party to sanctions.

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

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designated for protection do not qualify for protection at all or do not qualify for the

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level of protection initially asserted, that Designating Party must promptly notify

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all other parties that it is withdrawing the mistaken designation.

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6.2.

Manner and Timing of Designations. Except as otherwise provided in this

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Order (see, e.g., second paragraph of section 6.2(a) below), or as otherwise

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

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

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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 electronic

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

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proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that
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contains protected material. If only a portion or portions of the material on a page

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

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portion(s) (e.g., by making appropriate markings in the margins) and must specify,

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for each portion, the level of protection being asserted.

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

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for inspection need not designate them for protection until after the inspecting Party

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has indicated which material it would like copied and produced. During the

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inspection and before the designation, all of the material made available for

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inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY.” After the inspecting Party has identified the documents it wants copied

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

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

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specified documents, the Producing Party must affix the appropriate legend

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(“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY”) to each page that contains Protected Material. If only a portion or portions

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of the 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 markings in

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the margins) and must specify, for each portion, the level of protection being

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asserted.

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(b) for testimony given in deposition or in other pretrial or trial

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proceedings, each Party will have up to 14 days to identify the specific portions of

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the testimony as to which protection is sought and to specify the level of protection

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being asserted. Before the expiration of the 14-day period for designation the

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testimony will be treated as if it had been designated “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless

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otherwise agreed. After the expiration of the 14-day period, the testimony shall

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be treated only as non-confidential unless actually designated otherwise. Only

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those portions of the testimony that are appropriately designated for protection
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within the 14 days shall be covered by the provisions of this Stipulated Protective

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Order. Alternatively, a Designating Party may specify, at the deposition or up to 14

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days afterwards if that period is properly invoked, that the entire transcript shall be

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treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY.”

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Parties shall give the other parties notice if they reasonably expect a

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deposition, hearing or other proceeding to include Protected Material so that

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the other parties can ensure that only authorized individuals who have signed

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the “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present

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at those proceedings. The use of a document as an exhibit at a deposition shall

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not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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Transcripts containing Protected Material shall have an obvious legend

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on the title page that the transcript contains Protected Material, and the title

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page shall be followed by a list of all pages (including line numbers as

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appropriate) that have been designated as Protected Material and the level of

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protection being asserted by the Designating Party. The Designating Party

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shall inform the court reporter of these requirements within the 14-day period.

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

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

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

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the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY.” If only a portion or portions of the information or item warrant

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

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portion(s) and specify the level of protection being asserted.

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6.3.

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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the Designating Party’s right to secure protection under this Order for such material.
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Upon timely correction of a designation, the Receiving Party must make reasonable

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

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Order.

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7. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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7.1.

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

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

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Scheduling Order. Unless a prompt challenge to a Designating Party’s

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confidentiality designation is necessary to avoid foreseeable, substantial unfairness,

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unnecessary economic burdens, or a significant disruption or delay of the Action, a

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Party does not waive its right to challenge a confidentiality designation by electing

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not to mount a challenge promptly after the original designation is disclosed.

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7.2.

Meet and Confer. The Challenging Party shall initiate the dispute

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resolution process under Local Rule 37-1 et seq. The burden of persuasion in any

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such challenge proceeding shall be on the Designating Party. Frivolous challenges

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and those made for an improper purpose (e.g., to harass or impose unnecessary

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

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sanctions. Unless the Designating Party has waived (in writing) or withdrawn the

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

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

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designation until the Court rules on the challenge.

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7.3.

Judicial Intervention. If the Parties cannot resolve a challenge without

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court intervention, the Challenging Party shall file and serve a motion to remove

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confidentiality under Civil Local Rule 37 (and in compliance with Civil Local Rule

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79-5, if applicable) within 28 days of the initial notice of challenge or within 14

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days of the parties agreeing that the meet and confer process will not resolve their

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dispute, whichever is later. In addition, the Designating Party may file a motion to

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retain a confidentiality designation at any time if there is good cause for doing so,

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including when there is a challenge to the designation of a deposition transcript or
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any portions thereof. Any motion brought pursuant to this provision must be

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accompanied by a competent declaration affirming that the movant has complied

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with the meet and confer requirements imposed by the preceding paragraph.

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8. ACCESS TO AND USE OF PROTECTED MATERIAL

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8.1.

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

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

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

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

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

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Receiving Party must comply with the provisions of Section 14 below (FINAL

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DISPOSITION).

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

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

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authorized under this Order.

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8.2.

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

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Receiving

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“CONFIDENTIAL” only to:

Party

may

disclose

any

information

or

item

designated

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(a) the Receiving Party’s Outside Counsel of Record in this Action, as

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

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necessary to disclose the information for this Action;

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(b) the officers, directors, and employees (including House Counsel)

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of the Receiving Party to whom disclosure is reasonably necessary for this Action;

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

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disclosure is 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 Professional

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

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

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(g) during their depositions, witnesses and attorneys for witnesses, in

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

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party requests that the witness sign the form attached as Exhibit A hereto; and (2)

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they will not be permitted to keep any confidential information unless they sign the

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

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

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deposition testimony or exhibits to depositions that reveal Protected Material may

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

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as permitted under this Stipulated Protective Order;

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(h) the author or recipient of a document containing the information

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or a custodian or other person who otherwise possessed or knew the information;
(i) any mediator or settlement officer, and their supporting personnel,

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mutually agreed upon by any of the parties engaged in settlement discussions.
8.3.

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” Information or Items. Unless otherwise ordered by the Court or permitted

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

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or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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only to:

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(a) the Receiving Party’s Outside Counsel of Record in this Action, as

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

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necessary to disclose the information for this Action;

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(b) Designated House Counsel of the Receiving Party as to whom the
procedures set forth in paragraph 8.4, below, have been followed;

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(c) Experts of the Receiving Party (1) to whom disclosure is reasonably

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necessary for this Action and who have signed the “Acknowledgment and
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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 Professional

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

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

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(g) during their depositions, witnesses in the Action to whom

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disclosure is reasonably necessary and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A), Pages of transcribed deposition testimony or

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exhibits to depositions that reveal Protected Material must be separately bound by

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

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Stipulated Protective Order.

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(h) the author or recipient of a document containing the information

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or a custodian or other person who otherwise possessed or knew the information;
(i) any mediator or settlement officer, and their supporting personnel,

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mutually agreed upon by any of the parties engaged in settlement discussions.
8.4.

Designating House Counsel: Before any “HIGHLY CONFIDENTIAL-

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ATTORNEYS’ EYES ONLY” materials are shown to Designated House Counsel,

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the Receiving Party must identify in writing no more than three House Counsel (1)

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who has no involvement in competitive decision-making, (2) to whom disclosure is

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reasonably necessary for this Action, (3) who has signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A) who will be Designated House Counsel for

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this Action. The Designating Party will have 3 business days to object to any

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Designated House Counsel.

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9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
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OTHER LITIGATION

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

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litigation that compels disclosure of any information or items designated in this

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Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY” 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 subpoena or

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

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

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a copy of this Stipulated Protective Order; and

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

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designated in this Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY” before a determination by the court from which

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the subpoena or order 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 seeking

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

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

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to disobey a lawful directive from another court.

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10.A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

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IN THIS ACTION

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

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

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by

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Non-Parties in connection with this Action is protected by the remedies and relief
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provided by this Order. Nothing in these provisions should be construed as

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prohibiting a Non-Party from seeking additional protections.

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

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

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

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confidential information, then the Party shall:
1.

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promptly notify in writing the Requesting Party and the Non-

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

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agreement with a Non-Party;
2.

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

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

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specific description of the information requested; and
3.

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make the information requested available for inspection by the

Non-Party.

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

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

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

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

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

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

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

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

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Material.

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11.UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
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to retrieve all unauthorized copies of the Protected Material, (c) inform the person

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

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

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

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12.INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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

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

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

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

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

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

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

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parties may incorporate their agreement in the stipulated protective order submitted

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to the Court.

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13.MISCELLANEOUS

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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.

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

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

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

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

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

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13.3. Filing Protected Material. Without written permission from the

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Designating Party or a court order secured after appropriate notice to all interested

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persons, a Party may not file in the public record in this Action any Protected

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Material. A Party that seeks to file under seal any Protected Material must comply
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Case No. 5:16-cv-00189-JGB (Spx)

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with Civil Local Rule 79-5. Protected Material may only be filed under seal

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pursuant to a court order authorizing the sealing of the specific Protected Material

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at issue. If a Party’s request to file Protected Material under seal is denied by the

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Court, then the Receiving Party may file the information in the public record unless

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otherwise instructed by the Court.

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14.FINAL DISPOSITION

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Within 60 days after the final disposition of this Action, as defined in

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paragraph 5, each Receiving Party must return all Protected Material to the

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

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

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

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

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

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the Designating Party) by the 60-day deadline that (1) identifies (by category, where

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

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affirms that 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 Protected

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Material. Notwithstanding this provision, Counsel are entitled to retain an archival

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

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memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

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work product, and consultant and expert work product, even if such materials

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contain 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 Section 5

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(DURATION).

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15. Any violation of this Order may be punished by any and all appropriate

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measures including, without limitation, contempt proceedings and/or monetary

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sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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DATED: November 7, 2016

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_/s/ Michael T. Houchin
Michael T. Houchin, Esq.
Ronald A. Marron, Esq.
Skye Resendes, Esq.
LAW OFFICES OF RONALD A.
MARRON
Attorneys for Plaintiffs VEDA
WOODARD; TERESA RIZZOMARINO; and DIANE MORRISON

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DATED: November 7, 2016

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_/s/ Craig S. Hubble_______
Craig S. Hubble, Esq.
LAW OFFICES OF CRAIG HUBBLE

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James G Munisteri
Phillip J. Morgan
GARDERE WYNNE SEWELL LLP

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Attorneys for Defendants LEE
LABRADA; LABRADA
BODYBUILDING NUTRITION INC.;
LABRADA NUTRITIONAL SYSTEMS,
INC.

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DATED: November 7, 2016

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Attorneys for Defendant
ENTERTAINMENT MEDIA
VENTURES, INC.

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/s/ Christopher H. Doyle
Christopher H Doyle
Michael Gold
JEFFER MANGELS BUTLER &
MITCHELL, LLP

DATED: November 7, 2016

_/s/_Matthew L. Marshall
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Matthew L. Marshall, Esq.
Beth A. Goodman, Esq.
MORRIS POLICH & PURDY, LLP

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Attorneys for Defendant
INTERHEALTH NUTRACEUTICALS,
INC.

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DATED: November 7, 2016

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__/s/_Valarie M. Goo
Valerie M. Goo, Esq.
Raija J. Horstman, Esq.
ORRICK, HERRINGTON &
SUTCLIFFE, LLP

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Attorneys for Defendant NATUREX,
INC.

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DATED: November 7, 2016

_/s/__William C. Haggerty
William C. Haggerty, Esq.
Katherine M. Harwood, Esq.
FORD, WALKER, HAGGERTY &
BEHAR
Charles L. Babcock, IV, Esq.
William A. I. McDonald, III Esq.
JACKSON WALKER, LLP
Attorneys for Defendants DR. MEHMET
C. OZ, M.D.; ZOCO PRODUCTIONS,
LLC; HARPO PRODUCTIONS, INC.;
SONY PICTURES TELEVISION, INC.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: November 29, 2016

_____________________________
Hon. Sheri Pym
United States Magistrate Judge

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Case No. 5:16-cv-00189-JGB (Spx)

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

___________________

[print

or

type

full

name],

of

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

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

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

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on [date] in the case of Woodard v. Lee Labrada, et al., Case No.: 5:16-cv-00189-

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JGB (SPx). I agree to comply with and to be bound by all the terms of this Stipulated

10

Protective Order and I understand and acknowledge that failure to so comply could

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

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

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to this Stipulated Protective Order to any person or entity except in strict compliance

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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 the terms of

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this Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this Action.

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I hereby appoint ___________________ [print or type full name] of

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_________________________ [print or type full address and telephone number] as

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my California agent for service of process in connection with this Action or any

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proceedings related to enforcement of this Stipulated Protective Order.

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Date: ____________________

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City and State where sworn and signed: _________________________________

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Printed name: ______________________________
[printed name]
Signature: __________________________________
[signature]
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ATTESTATION OF ELECTRONIC SIGNATURES

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I, Michael T. Houchin, hereby attest that all other signatories listed, and on

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whose behalf this filing is submitted, concur in its content and have authorized the

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filing. I make this attestation pursuant to Local Civil Rule 5-4.3.4.

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I declare under penalty of perjury of the law of the United States that the
foregoing is true and correct.

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Executed on this 7th Day of November 2016.
/s/ Michael T. Houchin
Michael T. Houchin

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Case No. 5:16-cv-00189-JGB (Spx)