Patty Nemeth v. Electrolux Home Products Incorporated

Filing 21

STIPULATION AND PROTECTIVE ORDER by Magistrate Judge Robert N. Block re Stipulation for Protective Order 20 . Note changes made by the Court. (twdb)

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C. Brandon Wisoff (State Bar No. 121930)
[e-mail]
Paul A. Alsdorf (State Bar No. 241168)
[e-mail]
Amber C. Chrystal (State Bar No. 260470)
[e-mail]
FARELLA BRAUN + MARTEL LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

Note changes made by the Court.

Attorneys for Defendant
ELECTROLUX HOME PRODUCTS,
INCORPORATED

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IN THE UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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PATTY NEMETH,

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Plaintiff,

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v.

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ELECTROLUX HOME
PRODUCTS, INCORPORATED,

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Case No. SACV 11-0864 JVS (RNBx)

Defendants,

STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

Complaint Filed: June 9, 2011

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

-126959\2819899.1

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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 would 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 extends only

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to the limited information or items that are entitled under the applicable legal

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principles to treatment as confidential. The parties further acknowledge, as set

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forth in Section 10, below, that this Stipulated Protective Order creates no

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

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forth the procedures that must be followed and reflects the standards that will be

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

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2.

DEFINITIONS
2.1

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Party: any party to this action, including all of its officers,

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directors, employees, consultants, retained experts, and outside counsel (and their

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support staff).

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2.2

Disclosure or Discovery Material: all items or information,

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regardless of the medium or manner generated, stored, or maintained (including,

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

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generated in disclosures or responses to discovery in this matter.

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2.3

“Confidential” Information or Items: information

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(regardless of how generated, stored or maintained) or tangible things that have not

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been made public and that contains trade secret, confidential, private or proprietary

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information and that the Designating Party in good faith believes, if disclosed,

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would harm its competitive position, and that otherwise qualify for protection under

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F.R.Civ.P. 26(c) and appellate law interpreting said Rule.

Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

-226959\2819899.1

2.4

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“Highly Confidential – Attorneys’ Eyes Only” Information

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or Items: extremely sensitive “Confidential Information or Items” whose disclosure

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to another Party or nonparty would create a substantial risk of serious injury that

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could not be avoided by less restrictive means.
2.5

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Discovery Material from a Producing Party.
2.6

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Receiving Party: a Party that receives Disclosure or

Producing Party: a Party or non-party that produces

Disclosure or Discovery Material in this action.
2.7

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Designating Party: a Party or non-party that designates

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

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“Confidential” or “Highly Confidential — Attorneys’ Eyes Only.”
2.8

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Protected Material: any Disclosure or Discovery Material

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that is “Confidential” Information or Items and is designated as “Confidential” or as

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“Highly Confidential – Attorneys’ Eyes Only.”
2.9

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Outside Counsel: attorneys who are not employees of a

Party but who are retained to represent or advise a Party in this action.

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2.10 House Counsel: attorneys who are employees of a Party.

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2.11 Counsel (without qualifier): Outside Counsel and House

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Counsel (as well as their support staffs).

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2.12 Expert: a person with specialized knowledge or experience

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in a matter pertinent to the litigation who has been retained by a Party or its counsel

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to serve as an expert witness or as a consultant in this action and who is not a past

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or a current employee of a Party or of a competitor of a Party’s and who, at the time

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of retention, is not anticipated to become an employee of a Party or a competitor of

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a Party’s. This definition includes a professional jury or trial consultant retained in

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connection with this litigation.

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

3.

SCOPE

The protections conferred by this Stipulation and Order cover not only
STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

-326959\2819899.1

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

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therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus

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testimony, conversations, or presentations by parties or counsel to or in court or in

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other settings that might reveal Protected Material.

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4.

DURATION

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Even after the termination of this litigation, 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.

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5.

DESIGNATING PROTECTED MATERIAL

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Exercise of Restraint and Care in Designating Material for Protection. Each

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Party or non-party that designates Confidential Information or items as Protected

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Material under this Order must take care to limit any such designation to specific

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material that is Confidential Information (as defined above).

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If it comes to a Party’s or a non-party’s attention that information or items

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that it designated as “Confidential” or as “Highly Confidential – Attorneys’ Eyes

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Only.” are in fact not Confidential Information or items, that Party or non-party

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must promptly notify all other parties that it is withdrawing the mistaken

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“Confidential” or as “Highly Confidential – Attorneys’ Eyes Only” designation.
5.1

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Manner and Timing of Designations. Except as otherwise

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

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otherwise stipulated or ordered, material that qualifies as Protected Material under

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this Order must be clearly marked with the words “Confidential” or as “Highly

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Confidential – Attorneys’ Eyes Only” before the material is disclosed or produced.

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Designation in conformity with this Order requires:
(a)

for information in documentary form (apart from transcripts of

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depositions or other pretrial proceedings), that the Producing Party affix the legend

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” on each page that contains protected material.

Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

-426959\2819899.1

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A Party or non-party that makes original documents or materials available for

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inspection need not designate them for as Protected Material until after the

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inspecting Party has indicated which material it would like copied and produced.

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

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for inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’

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

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

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portions thereof, qualify for as Protected Material under this Order, affix the

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appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY”) on each page that it wants treated as Protected

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Material.

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(b)

for testimony given in deposition, that the Party or non-party

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offering or sponsoring the testimony identify, on the record and before the close of

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the deposition all testimony it wants treated as Protected Material. When it is

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impractical to identify separately each portion of testimony that the designating

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party asserts is Protected Material, and when it appears that substantial portions of

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the testimony are Protected Material, the Party or non-party that sponsors, offers, or

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gives the testimony may invoke on the record (before the deposition is concluded) a

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right to have up to 20 days after receipt of the transcript to identify the specific

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portions of the testimony that the designating party claims is Protected Material and

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shall also specify whether the subject testimony is to be treated as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY.” Only those portions of the testimony that are appropriately designated for

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protection within the 20 days of the receipt of the transcript shall be covered by the

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provisions of this Stipulated Protective Order.

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Transcript pages containing Protected Material must be separately bound by

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the court reporter, who must affix to the top of each such page the legend

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

-526959\2819899.1

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ONLY,” as instructed by the Party or nonparty offering or sponsoring the witness

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or presenting the testimony. The party designating any deposition testimony as

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Confidential Information shall bear any costs associated with the marking and

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separate binding of those portions of a transcript.
(c)

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for information produced in some form other than documentary,

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and 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 or item

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is stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY.” If only portions of the information or item warrant

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

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Protected Material portions and specify for each portion whether it qualifies as

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“Confidential” or as “Highly Confidential – Attorneys’ Eyes Only.”
5.2

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Inadvertent Failures to Designate. If a Designating Party

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fails to designate material as “Confidential” or “Highly Confidential – Attorneys’

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Eyes Only” when it is initially produced, it shall have 120 days following said

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material’s production (which deadline may be extended for good cause) to

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designate said material as “Confidential” or “Highly Confidential – Attorneys’ Eyes

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Only.” Such designation shall be made by serving the Receiving Party with notice

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of the designation and, promptly thereafter, complete, legible, and accurate copies

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of the subject material with the markings “Confidential” or “Highly Confidential –

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Attorneys’ Eyes Only.” Upon receipt of notification of such designation, the

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

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in accordance with the provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Unless a prompt challenge to a

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Designating Party’s confidentiality designation is necessary to avoid foreseeable

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substantial unfairness, unnecessary economic burdens, or a later significant

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disruption or delay of the litigation, a Party does not waive its right to challenge a

Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

-626959\2819899.1

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confidentiality designation by electing not to mount a challenge promptly after the

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original designation is disclosed.

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6.2

Meet and Confer. A Party that elects to initiate a challenge

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to a Designating Party’s confidentiality designation, whether to an entire document

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or to a portion of a document, must do so in good faith and must begin the process

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by conferring directly with counsel for the Designating Party pursuant to Local

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Rule 37-1. In conferring, the challenging Party must explain the basis for its belief

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that the confidentiality designation of a document was not proper, or was not proper

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as to a portion of the document, and must give the Designating Party an opportunity

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to review the designated material, to reconsider the circumstances, and, if no

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change in designation is offered, to explain the basis for the chosen designation.

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6.3

Judicial Intervention. A Party that elects to press a

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challenge to a confidentiality designation after considering the justification offered

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by the Designating Party may file a discovery motion in compliance with Civil

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Local Rules 37-2 and 79-5, if applicable, that identifies the challenged material and

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sets forth in detail the basis for the challenge. Each such motion must be

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accompanied by a competent declaration that affirms that the movant has complied

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with the meet and confer requirements imposed in the preceding paragraph and that

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sets forth with specificity the justification for the confidentiality designation that

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was given by the Designating Party in the meet and confer dialogue.

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

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Designating Party. Until the court rules on the challenge, all parties shall continue

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

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the Producing Party’s designation.

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6.4

ACCESS TO AND USE OF PROTECTED MATERIAL

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6.5

Basic Principles. A Receiving Party may use Protected

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Material that is disclosed or produced by another Party or by a non-party in

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connection with this case only for prosecuting, defending, or attempting to settle the

Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

-726959\2819899.1

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above-captioned litigation. Such Protected Material may be disclosed only to the

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categories of persons and under the conditions described in this Order. When the

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litigation has been terminated, a Receiving Party must comply with the provisions

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of Section 11, below (FINAL 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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In the event a Receiving Party wishes to show any Protected Material to

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anyone other than a Qualified Person, the Receiving Party shall seek to informally

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resolve the matter through counsel. In the event that agreement cannot be reached,

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the party seeking to disclose the Confidential Information shall apply to the Court

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for relief from this Stipulated Protective Order.
6.6

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Disclosure of “CONFIDENTIAL” Information or Items.

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

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Party, a 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,

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as well as employees of said Counsel to whom it is reasonably necessary to disclose

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the information for this litigation and who have signed the “Agreement to Be

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

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(b)

the Receiving Party, or a present or former officer, director, or

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

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reasonably necessary for this litigation and who have signed the “Agreement to Be

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Bound by Protective Order” (Exhibit A);

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(c)

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

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

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“Agreement to Be Bound by Protective Order” (Exhibit A);

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

-826959\2819899.1

(d)

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the Court and its personnel (under seal, unless otherwise ordered

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by the Court) who need not sign the “Agreement to Be Bound by Protective Order”

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(Exhibit A);
(e)

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during their depositions, witnesses in the action to whom

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disclosure is reasonably necessary and who have signed the “Agreement to Be

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Bound by Protective Order” (Exhibit A). Pages of transcribed deposition testimony

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

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

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this Stipulated Protective Order.
(f)

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the author of the document or the original source of the

information.
6.7

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Disclosure of “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” Information or Items. Unless otherwise ordered by

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the court or permitted in writing by the Designating Party, a Receiving Party may

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disclose any information or item designated “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” only to:
(a)

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the Receiving Party’s House and Outside Counsel of record in

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this action, as well as employees of said Counsel to whom it is reasonably

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necessary to disclose the information for this litigation and who have signed the

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“Agreement to Be Bound by Protective Order” that is attached hereto as Exhibit A;
(b)

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Experts (as defined in this Order) (1) to whom disclosure is

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reasonably necessary for this litigation, (2) who have signed the “Agreement to Be

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Bound by Protective Order” (Exhibit A);
(c)

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the Court and its personnel (under seal, unless otherwise ordered

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by the Court) and who need not sign the “Agreement to Be Bound by Protective

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Order” (Exhibit A);
(d)

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

the author of the document or the original source of the

information.
STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

-926959\2819899.1

(e)

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employees of the party that produced the “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” material, including

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presentation and use in deposition at percipient and 30(b)(6) depositions.
7.

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PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION

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

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litigation that would compel disclosure of any information or items designated in

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this

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ATTORNEYS’ EYES ONLY,” the Receiving Party must so notify the Designating

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Party, in writing (by fax, if possible) immediately and in no event more than three

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court days after receiving the subpoena or order. Such notification must include a

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copy of the subpoena or court order.

action

as

“CONFIDENTIAL”

or

“HIGHLY

CONFIDENTIAL

–

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The Receiving Party also must immediately inform in writing the Party who

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caused the subpoena or order to issue in the other litigation that some or all the

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material covered by the subpoena or order is the subject of this Protective Order. In

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addition, the Receiving Party must deliver a copy of this Stipulated Protective

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Order promptly to the Party in the other action that caused the subpoena or order to

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issue.

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The purpose of imposing these duties is to alert the interested parties to the

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existence of this Protective Order and to afford the Designating Party in this case an

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opportunity to try to protect its confidentiality interests in the court from which the

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subpoena or order issued. The Designating Party shall bear the burdens and the

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expenses of seeking protection in that court of its confidential material – and

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nothing in these provisions should be construed as authorizing or encouraging a

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Receiving Party in this action to disobey a lawful directive from another court.

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Nothing in this Order shall be construed as authorizing a party to disobey a lawful

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subpoena issued in another action.

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

- 10 26959\2819899.1

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8.

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

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

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

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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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9.

FILING PROTECTED MATERIAL

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In accordance with Local Rule 79-5.1, if any papers to be filed with the Court

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contain information and/or documents that have been designated as “Confidential”

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or “Highly Confidential - Attorneys’ Eyes Only,” the proposed filing shall be

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accompanied by an application to file the papers or the portion thereof containing

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the designated information or documents (if such portion is segregable) under seal;

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and the application shall be directed to the judge to whom the papers are directed.

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For motions, the parties shall publicly file a redacted version of the motion and

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supporting papers.

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10. FINAL DISPOSITION

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Unless otherwise ordered or agreed in writing by the Producing Party, within

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sixty days after the final termination of this action, each Receiving Party must

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return all Protected Material to the Producing Party. As used in this subdivision,

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“all Protected Material” includes all copies, abstracts, compilations, summaries or

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any other form of reproducing or capturing any of the Protected Material. The

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Receiving Party may in the alternative elect to destroy some or all of the Protected

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Material instead of returning it. Whether the Protected Material is returned or

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destroyed, the Receiving Party must submit a written certification to the Producing

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Party (and, if not the same person or entity, to the Designating Party) by the sixty

Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

- 11 26959\2819899.1

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

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Material that was returned or destroyed and that affirms that the Receiving Party

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has not retained any copies, abstracts, compilations, summaries or other forms of

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reproducing or capturing any of the Protected Material.

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provision, Counsel are entitled to retain an archival copy of all pleadings, motion

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papers, transcripts, legal memoranda, correspondence or attorney work product,

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even if such materials contain Protected Material. Any such archival copies that

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contain or constitute Protected Material remain subject to this Protective Order as

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set forth in Section 4 (DURATION), above.

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11.

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Notwithstanding this

PRODUCTION OF PRIVILEGED DOCUMENTS OR
INFORMATION

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In the course of discovery in this litigation, in the event that any party

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produces documents or information (whether designated as “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or not), the fact of

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such production itself shall not be deemed to waive whatever attorney-client

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privilege, work product protection or other privilege or immunity that would

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otherwise attach to the documents or information produced or to other documents

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or other information, however, the parties reserve the right to raise all other grounds

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in challenging assertions of privilege. The parties agree and acknowledge that

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Federal Rule of Civil Procedure 26(b)(5)(B) shall govern production of documents

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or information subject to a claim of privilege.

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12.

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

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right of any person to seek its modification by the Court in the future. No

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modification of this Order, even if stipulated, shall have the effect of a Court order

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until the Court approves the modification.

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

- 12 26959\2819899.1

12.2 Right to Assert Other Objections. By stipulating to the

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

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object to disclosing or producing any information or item on any ground not

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addressed in this Stipulated Protective Order. Similarly, no Party waives any right

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

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Protective Order.

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IT IS SO ORDERED,

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Dated: October 17, 2011
Robert N. Block
United States Magistrate Judge

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

- 13 26959\2819899.1

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Respectfully stipulated to and submitted by,
DATED:

October 13, 2011

FARELLA BRAUN + MARTEL LLP

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By:/s/ C. Brandon Wisoff
C. Brandon Wisoff

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Attorneys for Defendant
ELECTROLUX HOME PRODUCTS,
INCORPORATED

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C. Brandon Wisoff
[e-mail]
Paul A. Alsdorf
[e-mail]
Amber C. Chrystal
[e-mail]
FARELLA BRAUN + MARTEL LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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DATED:

October 13, 2011

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EPPSTEINER & FIORICA
ATTORNEYS, LLP

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By:/s/ Stuart M. Eppsteiner
Stuart M. Eppsteiner

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Attorneys for Plaintiff
PATTY NEMETH

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Stuart M. Eppsteiner, Esq.
Andrew J. Kubik, Esq.
Zelekha Amirzada, Esq.
Eppsteiner & Fiorica Attorneys, LLP
12555 High Bluff Drive, Suite 155
San Diego, CA 92130
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

- 14 26959\2819899.1

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EXHIBIT A

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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PATTY NEMETH,
Plaintiffs,

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Case No. SACV 11-0864 JVS (RNBx)

v.

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ELECTROLUX HOME PRODUCTS,
INCORPORATED,

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AGREEMENT CONCERNING
INFORMATION COVERED BY
STIPULATED PROTECTIVE ORDER

Defendants,

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I, ___________________________, hereby acknowledge that I have

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received a copy of the Stipulated Protective Order entered in this action (Case No.

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SACV 11-0864 JVS (RNBx) by the United States District Court for the Central

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District of California, Southern Division (hereinafter, “the Protective Order”).

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I have either read the Protective Order or have had the terms of the Protective
Order explained to me by my attorney.
I understand the terms of the Protective Order and agree to comply with and
to be bound by such terms.

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If I receive documents or information designated as Confidential Material or

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Highly Confidential Material, (as those terms are defined in the Protective Order), I

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understand that such information is provided to me pursuant to the terms and

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restrictions of the Protective Order.

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I agree to hold in confidence and not further disclose or use for any purpose

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(other than is permitted by the Protective Order) any information disclosed to me

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pursuant to the terms of the Protective Order.

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

- 15 26959\2819899.1

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If I am a Sharing Attorney as defined in paragraph 13 of the Protective

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Order, I recognize and agree that coordination of discovery is necessary to promote

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judicial economy and to avoid unnecessary costs and delays to the parties to this

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action (Case No. SACV 11-0864 JVS (RNBx), as well as to the parties to the

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action(s) in which I serve as counsel. Accordingly, I agree to use my best efforts to

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coordinate discovery in the action(s) in which I serve as attorney of record with this

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action.

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I hereby submit myself to the jurisdiction of the United States District Court

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for the Central District of California for resolution of any matters pertaining to the

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Protective Order.

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My address is

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My present employer is

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Dated: ___________________________

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Signature: ______________________________

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] PROTECTIVE
ORDER
Case No. SACV-11-0864 JVS (RNBx)

- 16 26959\2819899.1