New Enchantment LLC v. The Journey Spa & Wellness Center Inc

Filing 36

STIPULATED PROTECTIVE ORDER by Magistrate Judge Robert N. Block 35 . (ts)

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STEVEN E. BLEDSOE (SBN 157811)
DAVID BAYLES (SBN 208112)
ARENT FOX LLP
555 West Fifth Street, 48th Floor
Los Angeles, CA 90013-1065
Telephone: [phone]
Facsimile: 213.629.7401
[e-mail]
MICHAEL A. GROW (Admitted Pro Hac Vice)
ALEC P. ROSENBERG (Admitted Pro Hac Vice)
ARENT FOX LLP
1717 K Street, NW
Washington, DC 20036-5342
Telephone: [phone]
Facsimile: 202.857.6395
[e-mail]
[e-mail]
Attorneys for Plaintiff and Counterdefendant
NEW ENCHANTMENT, L.L.C.
BRIAN P. KINDER (SBN 212332)
THE KINDER LAW GROUP
A PROFESSIONAL LAW CORPORATION
19200 Von Karman, Fourth Floor
Irvine, California 92612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Defendant and Counterclaimant THE
JOURNEY SPA & WELLNESS CENTER, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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NEW ENCHANTMENT, L.L.C.,
an Arizona limited liability company,
Plaintiff,

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THE JOURNEY SPA &
WELLNESS CENTER, INC., a
California corporation,

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Defendant.
AND COUNTERCLAIMS

A RENT F OX LLP
ATTORNEYS AT LAW
LOS ANGELES

[PROPOSED] STIPULATED*
PROTECTIVE ORDER

v.

25

Case No. SACV 12-1382 JGB (RNBx)

TECH/1400030.1

[*This document is Docket No. 33
revised in response to Magistrate
Block’s minutes dated July 19, 2013.
Only ¶ 3 is substantively different.]

STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)

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STIPULATED PROTECTIVE ORDER
All parties having agreed a protective order (“Order”) pursuant to Rule 26(c)

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of the Federal Rules of Civil Procedure is both necessary and appropriate, and the

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U.S. District Court, Central District of California (“Court”) having approved such

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an agreement:

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IT IS HEREBY ORDERED that Plaintiffs, (defined below) and

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Defendants, (defined below) are bound by the following Order for the protection of

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confidential information, documents, and other things produced, served, or

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otherwise provided in this action by the parties, or by third parties.

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BACKGROUND

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Plaintiffs and Defendants are parties to the above-captioned action (the

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“Action”)
Plaintiff New Enchantment, LLC (“PLAINTIFF”) and Defendant The

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Journey Spa & Wellness Center, Inc. (“DEFENDANT”) are involved in, among

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other things, the provision of spa services.

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Each party derives commercial advantage from maintaining the

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confidentiality of certain confidential and proprietary information and each party

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has served written discovery in the Action upon the other requesting access to

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and/or information relating to certain confidential and proprietary information,

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including without limitation, information relating to the identity of customers, sales

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data, marketing data, sales and profits. Each party has agreed to provide the other

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with such requested information pursuant to a stipulated protective order.

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Accordingly, the parties seek to prevent the use and disclosure of confidential and

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proprietary information gathered in connection with the Action for any purpose

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other than as provided in this Order.

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The following purpose, procedures, terms and conditions shall apply to the
disclosure of designated material (defined below):

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A RENT F OX LLP

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ATTORNEYS AT LAW
LOS ANGELES

TECH/1400030.1

STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)

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1.

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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 it affords protection only to the

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limited information or items entitled to treatment as confidential under applicable

PURPOSES AND LIMITATIONS

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legal principles. The parties further acknowledge, as set forth in Section 10, below,

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that this Stipulated Protective Order creates no entitlement to file confidential

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

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parties must follow and reflects the standards that the Court will apply when a party

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seeks permission from the Court to file material under seal. If any papers to be

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filed with the Court contain information to be protected under this Stipulated

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Protective Order, the proposed filing shall be accompanied by an application to file

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the papers or the portion thereof containing the protected information (if such

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portion is segregable) under seal pursuant to Civil Local Rule 79-5; and the

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application to file under seal will be directed to the judge to whom the papers are

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directed. For motions, the parties will also file a redacted version of the motion and

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supporting papers.

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2.

DEFINITIONS

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2.1

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

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employees, consultants, retained experts, insurers, 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, regardless

of the medium or manner generated, stored, or maintained (including, among other

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ATTORNEYS AT LAW
LOS ANGELES

TECH/1400030.1

STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)

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things, testimony, transcripts, or tangible things) that are produced or generated in

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disclosures or responses to discovery in this matter.

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2.3

“Confidential” Information or Items: information (regardless of how

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generated, stored or maintained) or tangible things that qualify for protection under

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the standards developed under either FRCP 26(c) or the definition of “trade secret”

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identified in California Civil Code § 3426.1, which provides that trade secret

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“means information, including a formula, pattern, compilation, program, device,

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method, technique, or process, that: (1) Derives independent economic value,

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actual or potential, from not being generally known to the public or to other persons

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who can obtain economic value from its disclosure or use; and (2) Is the subject of

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efforts that are reasonable under the circumstances to maintain its secrecy.” Among

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other things, the parties anticipate that that Confidential Information will include

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financial information (such as insurance policies, financial statements, and other

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records of income and expenses), as well as other commercial information that has

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value by virtue of its non-public nature, such as customer information.

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2.4

“Highly Confidential – Attorneys’ Eyes Only” Information or Items:

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extremely sensitive “Confidential Information or Items” whose disclosure to

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another Party or non-party would create a substantial risk of serious injury,

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including competitive injury, that could not be avoided by less restrictive means.

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2.5

Receiving Party: a Party that receives Disclosure or Discovery

Material from a Producing Party.
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Producing Party: a Party or non-party that produces Disclosure or

Discovery Material in this action.
2.7

Designating Party: a Party or non-party that designates information or

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items that it produces in disclosures or in responses to discovery as “Confidential”

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or “Highly Confidential — Attorneys’ Eyes Only.”

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2.8

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

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ATTORNEYS AT LAW
LOS ANGELES

Protected Material: any Disclosure or Discovery Material that is

TECH/1400030.1

STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)

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2.9

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 Counsel, as

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well as their support staffs.

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2.12 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 and who is not a current employee

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of a Party or of a competitor of a Party and who, at the time of retention, is not

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anticipated to become an employee of a Party or a competitor of a Party. This

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definition includes a professional jury or trial consultant retained in connection with

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this litigation.

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2.13 Professional Vendors: persons or entities that provide litigation

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

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demonstrations; organizing, storing, retrieving data in any form or medium; etc.)

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and their employees and subcontractors.

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3.

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The protections conferred by this Stipulated Protective Order cover not only

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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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conversations, or presentations by parties or counsel in any settings that might

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reveal Protected Material, with the exception that this Stipulated Protective Order

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shall not apply to or govern presentations at Court proceedings. The parties will

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need to take up any matters they want to be subject to a protective order relative to

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presentations at Court proceedings with the appropriate judicial officer at the

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appropriate time.

SCOPE

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ATTORNEYS AT LAW
LOS ANGELES

TECH/1400030.1

STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)

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4.

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Even after the termination of this litigation, the confidentiality obligations

DURATION

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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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5.1

Exercise of Restraint and Care in Designating Material for Protection.

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Each Party or non-party that designates information or items for protection under

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

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qualifies under the appropriate standards. A Designating Party must take care to

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designate for protection only those parts of material, documents, items, or oral or

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written communications that qualify – so that other portions of the material,

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documents, items, or communications for which protection is not warranted are not

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swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or

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routinized designations are prohibited.

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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 for protection do not qualify for protection at all, or do not qualify

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for the level of protection initially asserted, that Party or non-party must promptly

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notify all other parties that it is withdrawing the mistaken designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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

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stipulated or ordered, material that qualifies for protection under this Order must be

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clearly so designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:

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(a)

for information in documentary form (apart from transcripts of

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

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” at the top or bottom

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of each page that contains protected material. If only a portion or portions of the

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ATTORNEYS AT LAW
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TECH/1400030.1

STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)

1

material on a page qualifies for protection, the Producing Party also must clearly

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

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

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

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EYES ONLY”).

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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 protection until after the inspecting Party

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

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

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inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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

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

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thereof, qualify for protection under this Order, then, before producing the specified

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documents, the Producing Party must affix the appropriate legend

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

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ONLY”) at the top or bottom of each page that contains Protected Material. If only

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

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

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appropriate markings in the margins) and must specify, for each portion, the level

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of protection being asserted (either “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY”).

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(b)

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

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

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deposition, all protected testimony, and further specify any portions of the

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testimony that qualify as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY.” When it appears that substantial portions of the testimony may qualify for

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protection, any Party or non-party may invoke on the record (at any time before the

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conclusion of the deposition or proceeding) a right to have up to 20 days to identify

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ATTORNEYS AT LAW
LOS ANGELES

TECH/1400030.1

STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)

1

the specific portions of the testimony as to which the Party or non-party seeks

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protection and to specify the level of protection being asserted (i.e.,

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY”).

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Only those portions of the testimony that are appropriately designated for

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protection within the 20 days shall be covered by the provisions of this Stipulated

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Protective Order.

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Transcript pages containing Protected Material must be separately bound by
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

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ONLY,” as instructed by the Party or non-party offering or sponsoring the witness

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or presenting the 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 place on

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

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

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EYES ONLY.” If only portions of the information or item warrant protection, the

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

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specifying whether they qualify as “Confidential” or as “Highly Confidential –

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Attorneys’ Eyes Only.”

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5.3

Inadvertent Failures to Designate. An inadvertent failure to designate

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qualified information or items as “Confidential” or “Highly Confidential –

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Attorneys’ Eyes Only” does not, standing alone, waive the Designating Party’s

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right to secure protection under this Order for such material. If material is

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appropriately designated as “Confidential” or “Highly Confidential – Attorneys’

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Eyes Only” after the material was initially produced, the Receiving Party, on timely

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notification of the designation, must make reasonable efforts to assure that the

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material is treated in accordance with the provisions of this Order.

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ATTORNEYS AT LAW
LOS ANGELES

TECH/1400030.1

STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)

1

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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6.1

Timing of Challenges. Unless a prompt challenge to a Designating

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Party’s confidentiality designation is necessary to avoid foreseeable substantial

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unfairness, unnecessary economic burdens, or a later significant disruption or delay

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of the litigation, a Party does not waive its right to challenge a confidentiality

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designation by electing not to assert a challenge promptly after the designation.

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6.2

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

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Designating Party’s confidentiality designation must do so in good faith and must

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begin the process by conferring directly (in voice to voice dialogue; other forms of

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communication are not sufficient) with counsel for the Designating Party. In

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conferring, the challenging Party must explain the basis for its belief that the

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particular confidentiality designation was not proper and must give the Designating

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Party an opportunity to review the designated material, to reconsider the

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circumstances, and, if no change in designation is offered, to explain the basis for

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the chosen designation. A challenging Party may proceed to the next stage of the

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challenge process only if it first engage in this meet and confer process.

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6.3

Judicial Intervention. A Party that elects to press a challenge to a

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confidentiality designation after considering the justification offered by the

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Designating Party may file and serve a Joint Stipulation under Civil Local Rules

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37-1 and 37-2 (and in compliance with Civil Local Rule 79-5, if applicable) that

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identifies the challenged material and sets forth in detail the basis for the challenge.

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The burden of establishing the confidentiality in any such challenge proceeding

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shall be on the Designating Party. Until the Court rules on the challenge, all parties

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

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entitled under the Producing Party’s designation.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

Basic Principles. A Receiving Party may use Disclosure or Discovery

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Material only for prosecuting, defending, or attempting to settle this litigation.

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ATTORNEYS AT LAW
LOS ANGELES

TECH/1400030.1

STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)

1

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 litigation has been terminated, a

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Receiving Party must comply with the provisions of section 11, below (FINAL

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DISPOSITION).

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A Receiving Party must store and maintain Protected Material at a location

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and in a secure manner that ensures that only the persons authorized under this

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Order have access.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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 Court and its personnel;

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(b)

the author of the document or the original source of the information;

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(c)

the Receiving Party’s Outside Counsel of record in this action, as well

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

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information for this litigation;

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(d)

court reporters, their staffs, and professional vendors to whom

disclosure is reasonably necessary for this litigation;
(e)

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

the Receiving Party to whom disclosure is reasonably necessary for this litigation;
(f)

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

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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); and,

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(g)

during their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the “Agreement to Be Bound by

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

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

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STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)

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

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this Stipulated Protective Order.

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7.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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

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

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information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY” only to:

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(a)

the Court and its personnel;

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(b)

the author of the document or the original source of the information;

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(c)

the Receiving Party’s Outside Counsel of record in this action, as well

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

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information for this litigation;

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(d)

House Counsel and non-attorney members of House Counsel’s legal

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staff to whom it is reasonably necessary to disclose the information for this

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litigation;

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(e)

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court reporters, their staffs, and professional vendors to whom

disclosure is reasonably necessary for this litigation; and,
(f)

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

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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); and,

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(h)

during their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the “Agreement to Be Bound by

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

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

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

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this Stipulated Protective Order.

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ATTORNEYS AT LAW
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TECH/1400030.1

STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)

1

8.

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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 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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

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Party, in writing (by fax or e-mail, if possible) immediately. Such notification must

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include a copy of the subpoena or court order.

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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

13

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 move to protect its confidentiality interests in the court from which

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the 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 a Party to disobey a

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lawful subpoena issued in another action.

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9.

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UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL

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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ATTORNEYS AT LAW
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STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)

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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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10.

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Without written permission from the Designating Party or a court order

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secured after appropriate notice to all interested persons, a Party may not file in the

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public record in this action any Protected Material without complying with Civil

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Local Rule 79-5.

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11.

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FILING PROTECTED MATERIAL

FINAL DISPOSITION

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. With

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permission in writing from the Designating Party, the Receiving Party may destroy

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some or all of the Protected Material instead of returning it. Whether the Protected

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

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

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Designating Party) by the sixty day deadline that identifies (by category, where

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

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affirms that the Receiving Party has not retained any copies, abstracts,

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compilations, summaries or other forms of reproducing or capturing any of the

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Protected Material.

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Notwithstanding this provision, Counsel are entitled to retain a single

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archival electronic copy of all pleadings, motion papers, transcripts, legal

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memoranda, correspondence or attorney work product, even if such materials

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

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Protected Material remain subject to this Protective Order as set forth in Section 4

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ATTORNEYS AT LAW
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TECH/1400030.1

STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)

1

(DURATION), above.

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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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5

MISCELLANEOUS

person to seek its modification by the Court.
12.2 Right to Assert Other Objections. By stipulating to the entry of this

6

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

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

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

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

10
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12

Order.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: July 23, 2013

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By:___s/David G. Bayles__________________
David G. Bayles
Attorneys for Plaintiff and Counterdefendant
NEW ENCHANTMENT, L.L.C.

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Dated: July 23, 2013

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THE KINDER LAW GROUP
By: ___s/Brian Kinder_____________________
Brian P. Kinder
Attorneys for Defendant and Counterclaimant
THE JOURNEY SPA & WELLNESS CENTER,
INC.

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ARENT FOX LLP

IT IS SO ORDERED.
DATED: July 24, 2013

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________________________________
ROBERT N. BLOCK
United States Magistrate Judge

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A RENT F OX LLP

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ATTORNEYS AT LAW
LOS ANGELES

TECH/1400030.1

STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _____________________________, declare under penalty of perjury 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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____________ in the action titled New Enchantment, L.L.C. v. The Journey Spa &

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Wellness Center, Inc., case number SACV12-1382-JGB(RNBx). I agree to comply

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

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understand and acknowledge that failure to so comply may constitute contempt of

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

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

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compliance with the provisions of this Order.

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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.

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Dated: ________________________

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City and State where sworn and signed: _________________________

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Printed name: ______________________________

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Signature: __________________________________

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A RENT F OX LLP

- 15 -

ATTORNEYS AT LAW
LOS ANGELES

TECH/1400030.1

STIPULATED PROTECTIVE ORDER
SACV 12-1382 JGB (RNBx)