Netecs Corporation v. Damon McClure

Filing 17

STIPULATED PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Notice of Lodging Protective Order 16 . (vp)

1 Henry B. LaTorraca, State Bar No. 71607
2 LAW OFFICE OF HENRY B. LaTORRACA

400 Oceangate, Suite 700

3 Long Beach, California 90802-4306

Tel: [phone] | Fax: [phone]

4 [e-mail]

5 Attorneys for Plaintiff and Counterclaim Defendant
and
6 Netecs Corporation, a California corporation; Chris
Counterclaim Defendants Jeffery Tooley and
7 Tooley

UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION

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GEORGE E. BROWN, JR. COURTHOUSE (RIVERSIDE)

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400 Oceangate, Suite 700
Long Beach, CA 90802-4306
[phone]

LAW OFFICE OF HENRY B. LA TORRACA

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NETECS CORPORATION, a
California corporation,

Case No. 5:16-cv-02452 JGB (KKx)
Assigned to Hon. Jesus G. Bernal
Courtroom “1”

Plaintiff
v.
DAMON McCLURE, a natural
person, and
DOES 1 through 100, inclusive;
Defendants

19 DAMON McCLURE, a natural
20 person,

STIPULATED PROTECTIVE
ORDER
Complaint filed:
October 31, 2016
Counterclaim filed: December 6, 2016
Trial Date:
Not set
Pre-Trial Conf.: Not set

Counterclaimant,
v.
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NETECS CORPORATION, a
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California corporation,

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JEFFREY TOOLEY, a natural

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person, and

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CHRIS TOOLEY, a natural person,

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Counterclaim Defendants

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00040338.DOC

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STIPULATED PROTECTIVE ORDER

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Counterclaim Defendants Netecs Corporation, a California corporation,

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Jeffery Tooley, and Chris Tooley on the one hand, and on the other hand, Defendant

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and Counterclaimant Damon McClure hereby submit this Stipulated Protective

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Order per the Sample Stipulated Protective Order on the Court’s website for the

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Hon. Kenly Kiya Kato, as adapted, as follows.

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1.

A. PURPOSES AND LIMITATIONS

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Discovery in this action is likely to involve production of confidential,
disclosure and from use for any purpose other than prosecuting this litigation may

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

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400 Oceangate, Suite 700
Long Beach, CA 90802-4306
[phone]

proprietary, or private information for which special protection from public

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LAW OFFICE OF HENRY B. LA TORRACA

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

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Order 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 use extends

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

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under the applicable legal principles. The parties further acknowledge, as set forth in

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Section 12.3, below, that this Stipulated Protective Order does not entitle them to

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

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

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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 lists and

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

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proprietary information for which special protection from public disclosure and

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

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confidential and proprietary materials and information consist of, among other

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things, confidential business or financial information, information regarding

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

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commercial information (including information implicating privacy rights of third
00040338.DOC

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STIPULATED PROTECTIVE ORDER

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

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

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

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

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

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

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

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

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will not be designated as confidential for tactical reasons and that nothing be so

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400 Oceangate, Suite 700
Long Beach, CA 90802-4306
[phone]

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

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LAW OFFICE OF HENRY B. LA TORRACA

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

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

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record of this case.

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2.

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2.1 Action: This pending federal law suit.

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

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DEFINITIONS

designation of information or items under this Order.

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2.3 “CONFIDENTIAL” Information or Items: information (regardless

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of 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

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above in the Good Cause Statement.

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2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
their support staff).
2.5 Designating Party: a Party or Non-Party that designates information

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

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“CONFIDENTIAL.”

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2.6 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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STIPULATED PROTECTIVE ORDER

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

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generated in disclosures or responses to discovery in this matter.

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

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

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an expert witness or as a consultant in this Action.

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

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400 Oceangate, Suite 700
Long Beach, CA 90802-4306
[phone]

LAW OFFICE OF HENRY B. LA TORRACA

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2.9 Non-Party: any natural person, partnership, corporation, association, or
2.10 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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2.11 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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2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
2.13 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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2.14 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.
3.
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STIPULATED PROTECTIVE ORDER

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

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

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trial. 4.

DURATION

obligations imposed by this Order shall remain in effect until a Designating

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Long Beach, CA 90802-4306
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Even after final disposition of this litigation, the confidentiality

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LAW OFFICE OF HENRY B. LA TORRACA

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Party agrees otherwise in writing or a court order otherwise directs. Final

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disposition shall be deemed to be the later of (1) dismissal of all claims and

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defenses in this Action, with or without prejudice; and (2) final judgment

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herein after the completion and exhaustion of all appeals, re-hearings,

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remands, trials, or reviews of this Action, including the time limits for filing

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any motions or applications for extension of time pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL

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5.1 Exercise of Restraint and Care in Designating Material for

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

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protection under this Order must take care to limit any such designation to

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specific material that qualifies under the appropriate standards. 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

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protection is not warranted are not swept unjustifiably within the ambit of this

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Order.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 the case development process or to impose
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STIPULATED PROTECTIVE ORDER

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

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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, that Designating Party must

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

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

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Order (see, e.g., second paragraph of section 5.2(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
produced.

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400 Oceangate, Suite 700
Long Beach, CA 90802-4306
[phone]

LAW OFFICE OF HENRY B. LA TORRACA

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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 documents,

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but excluding transcripts of depositions or other pretrial or trial proceedings), that

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the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter

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

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

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Party also must 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 inspection

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

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

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

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

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

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

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

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

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portion or portions of the material on a page qualifies for protection, the Producing
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STIPULATED PROTECTIVE ORDER

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

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markings in the margins).

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(b) for testimony given in depositions that the Designating Party

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identify the Disclosure or Discovery Material on the record, before the close

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of the deposition all protected testimony.

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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

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place on the exterior of the container or containers in which the information is

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stored the legend “CONFIDENTIAL.” If only a portion or portions of the
information warrants protection, the Producing Party, to the extent

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400 Oceangate, Suite 700
Long Beach, CA 90802-4306
[phone]

LAW OFFICE OF HENRY B. LA TORRACA

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practicable, shall identify the protected portion(s).

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5.3 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 under

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this Order for such material. Upon timely correction of a designation, the

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Receiving Party must make reasonable efforts to assure that the material is

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treated in accordance with the provisions of this Order.

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6.

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6.1 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.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.2 Meet and Confer. The Challenging Party shall initiate the dispute
resolution process under Local Rule 37.1 et seq.

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

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

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

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

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

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

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

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7.

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7.1 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 13 below (FINAL

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400 Oceangate, Suite 700
Long Beach, CA 90802-4306
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LAW OFFICE OF HENRY B. LA TORRACA

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ACCESS TO AND USE OF PROTECTED MATERIAL

DISPOSITION).
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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7.2 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 Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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

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employees of said Outside Counsel of Record to whom it is reasonably necessary to

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disclose the information for this Action; (b) the officers, directors, and employees

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(including House Counsel) of the Receiving Party to whom disclosure is reasonably

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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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STIPULATED PROTECTIVE ORDER

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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

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

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

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hereto; 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” (Exhibit

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

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LAW OFFICE OF HENRY B. LA TORRACA

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A), unless otherwise agreed by the Designating Party or ordered by the court.

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Pages of transcribed deposition testimony or exhibits to depositions that

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reveal Protected Material may be separately bound by the court reporter and

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may not be disclosed to anyone except as permitted under this Stipulated

15

Protective Order; and or settlement officer, and their supporting personnel,
(i) any mediator

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

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

PRODUCED IN OTHER LITIGATION
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

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this Action as “CONFIDENTIAL,” 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;
(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

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

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shall include a copy of this Stipulated Protective Order; and

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STIPULATED PROTECTIVE ORDER

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

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

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

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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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400 Oceangate, Suite 700
Long Beach, CA 90802-4306
[phone]

LAW OFFICE OF HENRY B. LA TORRACA

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to disobey a lawful directive from another court.
9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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

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

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

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

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construed as 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, to

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

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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:

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

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

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with a Non-Party;

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

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

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description of the information requested; and

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STIPULATED PROTECTIVE ORDER

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(3) make the information requested available for inspection by the NonParty, if requested.
(c) If the Non-Party fails to seek a protective order from this court

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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

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responsive to the discovery request. If the Non-Party timely seeks a

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protective order, the Receiving Party shall not produce any information in its

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possession or control that is subject to the confidentiality agreement with the

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Non-Party before a determination by the court. Absent a court order to the
contrary, the Non-Party shall bear the burden and expense of seeking

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400 Oceangate, Suite 700
Long Beach, CA 90802-4306
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LAW OFFICE OF HENRY B. LA TORRACA

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protection in UNAUTHORIZED DISCLOSURE OF PROTECTED
10.
this court of its Protected Material.

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MATERIAL

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

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disclosed Protected Material to any person or in any circumstance not

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authorized under this Stipulated Protective Order, the Receiving Party must

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

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

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Protected Material, (c) inform the person or persons to whom unauthorized

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disclosures were made of all the terms of this Order, and (d) request such

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person or persons to execute the “Acknowledgment and Agreement to Be

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Bound” that is attached hereto as Exhibit A.
11. INADVERTENT PRODUCTION OF PRIVILEGED OR

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OTHERWISE PROTECTED MATERIA

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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

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

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without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e),
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STIPULATED PROTECTIVE ORDER

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

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

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product protection, the parties may incorporate their agreement in the stipulated

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protective order submitted to the court.

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12.

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

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MISCELLANEOUS

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

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12.2 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
disclosing or producing any information or item on any ground not addressed in this

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LAW OFFICE OF HENRY B. LA TORRACA

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

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

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

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

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

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in the public record unless otherwise instructed by the court.

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13. FINAL DISPOSITION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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LAW OFFICE OF HENRY B. LA TORRACA

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Section 4 (DURATION).

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

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appropriate measures including, without limitation, contempt proceedings

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and/or monetary sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
LAW OFFICE OF HENRY B. LA TORRACA

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DATED: January 5, 2017

By: /s/ - Henry B. LaTorraca
HENRY B. LA TORRACA

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STIPULATED PROTECTIVE ORDER

Attorneys for Plaintiff and Counterclaim
Defendant Netecs Corporation, a
California corporation; and Counterclaim
Defendants Jeffery Tooley and Chris
Tooley

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RAINES FELDMAN, LLP

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DATED: January 5, 2017

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By: /s/ - Scott M. Lesowitz
Scott M. Lesowitz
Attorneys for Defendant and
Counterclaimant Damon McClure

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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400 Oceangate, Suite 700
Long Beach, CA 90802-4306
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LAW OFFICE OF HENRY B. LA TORRACA

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DATED: January 5, 2017

______________________________
Hon. Kenly Kiya Kato
United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, ____________________________________________________________

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

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United States of America and of the State in which this document is executed that I

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

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

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________________________________[date] in the case of Netecs Corporation v.

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Damon McClure, et al. pending in the United States District Court for the Central

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[print or type full name], of __________________________________________

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LAW OFFICE OF HENRY B. LA TORRACA

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District of California, Eastern Division, case No. 5:16-cv-02452 JGB (KKx)
I agree to comply with and to be bound by all the terms of this Stipulated

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

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

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action. I hereby appoint _____________________________

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[print or type full name] of _________________________________________

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[print or type full address and telephone number] as my California agent for service

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///

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///

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///

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///

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///
00040338.DOC

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STIPULATED PROTECTIVE ORDER

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

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of this Stipulated Protective Order.

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I declare under penalty of perjury under the laws of the United States of

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America and the State in which this document is executed that the foregoing is true

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and correct.

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Executed on _______________________, at
___________________________________ (City and State where sworn and signed

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Printed name: _______________________________

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400 Oceangate, Suite 700
Long Beach, CA 90802-4306
[phone]

LAW OFFICE OF HENRY B. LA TORRACA

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Signature: __________________________________

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00040338.DOC

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STIPULATED PROTECTIVE ORDER

PROOF OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

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I am employed in the County of Los Angeles, State of California. I am over

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the age of 18 and not a party to the within action; my business address is Law Office

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of Henry B. LaTorraca, 400 Oceangate, Suite 700, Long Beach, CA 90802. My

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electronic mail address is [e-mail].

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400 Oceangate, Suite 700
Long Beach, CA 90802-4306
[phone]

LAW OFFICE OF HENRY B. LA TORRACA

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On January 5, 2017, at approximately 1:30 p.m., I served the documents
described as:
STIPULATED PROTECTIVE ORDER
on the parties in this action by this Court’s CM/ECF electronic filing and
service pursuant to Local Rule 5-3.3.3 as follows:

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Eric S. Syverson
Scott M. Lesowitz
RAINES FELDMAN, LLP
9720 Wilshire Blvd., 5th Floor
Beverly Hills, CA 90212

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[e-mail]

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[e-mail]

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Attorneys for Defendant and
Counterclaimant
Damon McClure

I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
Executed on January 5, 2017, at Long Beach, California.

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/s/ - Henry B. LaTorraca

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Henry B. LaTorraca

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00040338.DOC

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STIPULATED PROTECTIVE ORDER