Ashley Boehler v. Zillow, Inc. et al

Filing 44

STIPULATED PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick re Stipulation for Protective Order 43 . (twdb)

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STEVEN G. SKLAVER (237612)
[e-mail]
AMANDA K. BONN (270891)
[e-mail]
DAVIDA BROOK (275370)
[e-mail]
RAVI DOSHI (279851)
[e-mail]
SUSMAN GODFREY L.L.P.
1901 Avenue of the Stars, Suite 950
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]

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BROOKE TAYLOR (pro hac vice)
[e-mail]
SUSMAN GODFREY L.L.P.
1201 Third Avenue, Suite 3800
Seattle, Washington 98101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Zillow, 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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ASHLEY BOEHLER, an individual;
JAMES FRIEDRICH, an individual,
Plaintiffs,

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v.

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ZILLOW, INC., a Washington
corporation; and DOES 1 through 50,
inclusive

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Defendants.

SACV 14-01844 DOC (DFMx)
Hon. Douglas F. McCormick
[PROPOSED] STIPULATED
PROTECTIVE ORDER
Fact Discovery Cut-Off:
Apr. 1, 2016
Final Pretrial Conference: Sept. 26, 2016
Trial Date:
Oct. 18, 2016

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[These Dates Apply to All Captioned Cases]

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[Discovery Document: Referred to Magistrate
Judge Douglas F. McCormick]
3799843v1/014549

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RACHEL KREMER, an individual,
v.

Plaintiff,

ZILLOW, INC., a Washington
corporation; and DOES 1 through 50,
inclusive
Defendants.

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JENNIFER YOUNG, an individual;
Plaintiff,

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v.

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ZILLOW, INC., a Washington
corporation; and DOES 1 through 50,
inclusive

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SACV 14-01889 DOC (DFMx)
Hon. Douglas F. McCormick
[PROPOSED] STIPULATED
PROTECTIVE ORDER
[Discovery Document: Referred to
Magistrate Judge Douglas F. McCormick]

SACV 14-01922 DOC (DFMx)
Hon. Douglas F. McCormick
[PROPOSED] STIPULATED
PROTECTIVE ORDER

Defendants.

[Discovery Document: Referred to Magistrate
Judge Douglas F. McCormick]

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STEPHEN JOHNSON, an individual;
REGINALD PETERSON, an individual;
RYAN SEDA, an individual; JASON
YOUSEPH, an individual; and
MICHAEL KERR, an individual,
Plaintiffs,

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v.

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ZILLOW, INC., a Washington
corporation; and DOES 1 through 50,
inclusive

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Defendants.

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3799843v1/014549

SACV 14-01991 DOC (DFMx)
Hon. Douglas F. McCormick
[PROPOSED] STIPULATED
PROTECTIVE ORDER
[Discovery Document: Referred to Magistrate
Judge Douglas F. McCormick]

GOOD CAUSE STATEMENT

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The Court finds that good cause exists for issuance of this Protective Order

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(“Order”) pursuant to Rule 26(c) of the Federal Rules of Civil Procedure to

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establish a procedure for use and/or disclosure of Confidential Information and to

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govern the inadvertent production of Privileged Information, as those terms are

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defined herein, and that entry of this Order is appropriate. In particular, the Court’s

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finding of good cause is based on the following good cause statements by the

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parties:
Defendant’s Good Cause Statement

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Defendant Zillow, Inc. (“Zillow”) anticipates that in the course of discovery,

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it may be required to produce documents that would reveal confidential and

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proprietary information regarding Zillow’s business, other employees, and the

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Plaintiffs. For example, Plaintiffs Boehler and Friedrich raise complaints regarding

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Zillow’s co-marketing program. Other Plaintiffs raise complaints about Zillow’s

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sales practices, including its practices regarding sales calls to potential customers.

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Strategies and internal information about Zillow’s co-marketing program, and other

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methods by which Zillow conducts its business, are highly confidential and, if

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revealed publicly, would enable Zillow’s competitors to better understand how

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Zillow generates sales leads, the geographic locations where Zillow targets its

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resources, and the methods Zillow uses to generate sales. To Zillow’s knowledge,

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its methods are a unique way of generating sales leads, and its ability to do so gives

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it a competitive edge. If this process were disclosed, competitors could adopt the

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same process or alter their existing sales pitches to pre-empt Zillow’s current

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methods, causing Zillow to lose its competitive advantage. Zillow takes care to

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protect such information in the ordinary course of its business, including by

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requiring its employees to sign Confidential Nondisclosure Agreements.

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In addition, because Plaintiffs raise complaints regarding alleged

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discrimination, harassment, retaliation, wrongful termination, and related claims,
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3799843v1/014549

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Zillow anticipates that it may be required to produce documents regarding its

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policies and procedures for handling such issues, as well as confidential personnel

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files or other human resources files regarding such issues. Documents regarding

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Zillow’s handling of any alleged employee complaints of discrimination,

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harassment, retaliation, wrongful termination, and related claims may contain

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confidential communications between employees and Zillow’s human resources

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department, or within Zillow’s human resources department or management

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regarding how to handle such issues. Zillow is careful to protect its employees’

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right to confidentiality and takes effort not to disclose such information publicly

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unless necessary. In addition, Zillow has the expectation that it may have

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confidential communications within its management and human resources

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department regarding the handling of sensitive employee issues, and that such

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matters will not be disclosed publicly unless required by law.

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Moreover, Zillow has an obligation to its employees not to disclose publicly

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their private information, including information that is included in or that pertains

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to their personnel files, employment status, salary, benefits, job performance, and

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related issues. For example, Plaintiffs Johnson, Peterson, and Seda allege that they

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were discriminated against and treated differently than similarly situated

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employees. Should Zillow be required to produce information regarding other

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employees’ job performance, those employees are entitled to have the

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confidentiality of such information preserved.

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Zillow respectfully submits that there is good cause to permit Zillow to

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designate as “CONFIDENTIAL” documents produced in the course of discovery

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and that (1) relate to or would disclose Zillow’s proprietary business methods,

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including documents regarding Zillow’s sales, leads, customers, agents, finances,

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business plans, products, services, market research, intellectual property, marketing

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plans, and website operations; (2) relate to or would disclose Zillow’s confidential

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information relating to human resources and personnel issues, including documents
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regarding employee complaints, employee job performance, employee personnel

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files; and (3) relate to our would disclose confidential information of Zillow

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employees, including their personnel files, identifying information such as

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addresses, phone numbers and social security numbers, and salary or benefits

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information.

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Zillow respectfully admits that its ability to designate documents as

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“CONFIDENTIAL” when produced in discovery is without prejudice to Plaintiffs’

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ability to challenge any such designation and is not alone determinative of whether

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such documents should remain under seal if filed with the Court. See, e.g., Seattle

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Times Co. v. Rhinehart, 467 U.S. 20, 33 (1984) (“[P]retrial depositions and

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interrogatories are not public components of a civil trial. . . . Much of the

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information that surfaces during pretrial discovery may be unrelated, or only

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tangentially related, to the underlying cause of action. Therefore, restraints placed

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on discovered, but not yet admitted, information are not a restriction on a

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traditionally public source of information.”); Kamakana v. Honolulu, 447 F.3d

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1172, 1179-80 (9th Cir. 2006) (applying different standards to “sealed discovery

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document[s] [attached] to a non-dispositive motion” and discovery documents

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attached to dispositive motions because “[t]he public policies that support the right

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of access to dispositive motions, and related motions, do not apply with equal force

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to non-dispositive materials”); Bond v. Utreras, 585 F.3d 1061, 1066 (7th Cir.

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2009) (“Unfiled discovery is private, not public.”).
Plaintiffs’ Good Cause Statement

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Plaintiffs Ashley Boehler, James Friedrich, Rachel Kremer, Jennifer Young,

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Stephen Johnson, Reginald Peterson, Ryan Seda, Jason Youseph, and Michael Kerr

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(collectively “Plaintiffs”) anticipate that in the course of discovery, they may be

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required to produce documents that would reveal confidential and personal medical

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information that is protected under the Health Insurance Portability and

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Accountability Act of 1996, 42 U.S.C. § 1320 et seq. (hereafter “HIPAA”).
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addition, during the course of litigation it is reasonably anticipated that Zillow may

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be required to produce private information contained in Plaintiffs’ employment and

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personnel files that is ordinarily protected and confidential.

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Plaintiffs’ complaints include, but are not limited to: (1) emotional distress;

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(2) physical injuries; (3) sexual harassment; (4) gender, race, age, and disability

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discrimination; (5) verbal abuse; (6) retaliation; and (7) wrongful termination.

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Plaintiffs anticipate that they will be required to produce medical records

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substantiating their claims for emotional distress and other injuries. Documents

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regarding Plaintiffs’ physical and emotional injuries, as well as other information

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that may be contained in Plaintiffs’ medical records, are private and protected under

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HIPAA.

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Plaintiffs respectfully submit that there is good cause to permit Plaintiffs to

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designate as “CONFIDENTIAL” documents produced in the course of discovery

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that (1) relate to or would disclose Plaintiffs’ confidential information relating to

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Plaintiffs’ medical history and medical records; and (2) relate to or would disclose

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Plaintiffs’ confidential information relating to Plaintiffs’ employee personnel files.

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Plaintiffs respectfully admit that their ability to designate documents as

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“CONFIDENTIAL” when produced in discovery is without prejudice to Zillow’s

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ability to challenge any such designation and is not alone determinative of whether

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such documents should remain under seal if filed with the Court. See, e.g., Seattle

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Times Co. v. Rhinehart, 467 U.S. 20, 33 (1984) (“[P]retrial depositions and

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interrogatories are not public components of a civil trial. . . . Much of the

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information that surfaces during pretrial discovery may be unrelated, or only

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tangentially related, to the underlying cause of action. Therefore, restraints placed

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on discovered, but not yet admitted, information are not a restriction on a

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traditionally public source of information.”); Kamakana v. Honolulu, 447 F.3d

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1172, 1179-80 (9th Cir. 2006) (applying different standards to “sealed discovery

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document[s] [attached] to a non-dispositive motion” and discovery documents
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attached to dispositive motions because “[t]he public policies that support the right

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of access to dispositive motions, and related motions, do not apply with equal force

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to non-dispositive materials”); Bond v. Utreras, 585 F.3d 1061, 1066 (7th Cir.

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2009) (“Unfiled discovery is private, not public.”).

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THEREFORE, IT IS HEREBY ORDERED THAT:

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Certain materials, information, Documents (as defined in paragraph 1 below)

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or testimony (collectively “Discovery Materials”) produced or given by the parties

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or non-parties in the course of pre-trial discovery or used or produced at trial in this

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action will involve disclosure of confidential, proprietary, financial, technical,

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scientific, personnel, and business information (“Confidential Information”).

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Moreover, despite the reasonable precautions taken by the parties, Confidential

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Information and/or documents protected by the attorney-client privilege, attorney

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work product or any other privilege (“Privileged Information”) may be

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inadvertently disclosed.

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provisions shall govern disclosure and use of all such Discovery Materials

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containing Confidential Information and the return of inadvertently disclosed

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Privileged Information.

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Accordingly, the parties agree that the following

As used herein, “Documents” shall include data (including electronic

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data) and any other material (and their contents) produced through discovery by the

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parties, as well as any portion of a transcript of a deposition or other proceeding,

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exhibit, affidavit, declaration, answers to interrogatories, or responses to requests

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for admission.

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2.

Confidential Information may be found in, but not limited to, all or any

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of the following specifically designated “Confidential” or “Confidential –

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Attorney’s Eyes Only” Documents and the content thereof: (a) Documents,

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depositions or testimony, responses to written discovery, and any other information

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or material produced or otherwise made available to the parties in this action; (b)

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copies, extracts, reports, studies, notes, complete or partial summaries and other
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Documents or materials made or prepared from Confidential Information except

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that it shall exclude attorney work product; and (c) transcripts, exhibits and other

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pleadings or writings that summarize or otherwise disclose Confidential

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Information.

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3.

This Order covers Documents and/or information or material

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designated by the disclosing party or non-party (hereinafter, the “Source”) as

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containing or consisting of Confidential Information. Any Source may, in good

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faith, designate any such materials or portions thereof as being subject to the

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provisions of this Order by means of a stamp or other designation on the Document

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of the word “Confidential” or “Confidential – Attorney’s Eyes Only.” The parties

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must undertake a good faith effort to make confidentiality designations on a

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document-by-document basis. Confidentiality must be assessed with respect to each

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individual document, and no category of documents is entitled to a presumption of

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confidentiality, other than as provided by law.

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4.

The parties shall apply the designation “Confidential” to information

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or materials that the Source in good faith believes to constitute a trade secret,

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proprietary business information, private personnel information and/or data, and/or

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any information that implicates or may implicate the privacy rights of the Source

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and/or a third party, and that is not otherwise publicly available (unless such

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information or materials were placed in the public domain as a result of a violation

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of any duty, law, or agreement, in which case the “Confidential” designation may

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still apply).

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The parties shall apply the designation “Confidential – Attorney’s

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Eyes Only” only to a limited amount of Confidential Information that the producing

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party is obligated, by agreement or statutory obligation or the privacy rights of any

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third-party, to keep confidential in a manner consistent with that designation, such

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that the producing party has a reasonable basis for concluding that the protections

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afforded to documents designated “Confidential” would not be adequate.
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6.

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In designating materials, Documents or portions thereof as

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“Confidential” or “Confidential – Attorney’s Eyes Only” the Source shall mark

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every page and/or significant component, which contains Confidential Information

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with the appropriate “Confidential” or “Confidential – Attorney’s Eyes Only”

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stamp.

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reference to the page and lines being designated. Designation shall be made at the

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time such materials are produced or given, except that: (a) in the case of testimony

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upon deposition or hearing, such designations shall be made within twenty (20)

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business days after the transcript of such deposition or hearing is available; (b) any

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such transcript of a deposition or hearing shall provisionally be treated as

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“Confidential – Attorney’s Eyes Only” until the twenty (20) business day period for

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serving confidentiality designations has expired; and (c) a reasonable extension of

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any applicable time period hereunder may be agreed to in writing among counsel

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for the respective parties. Designations may be withdrawn by the Source at any

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time.

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Transcripts of deposition or other testimony shall be designated by

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Unless otherwise ordered by the Court, any Document or material

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designated by any source as containing Confidential Information shall be

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safeguarded and shall not be disclosed by non-designating counsel, except, subject

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to the provision of this Order, to:
a.

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the named Plaintiffs, unless the Confidential Information has

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been designated “Confidential – Attorney’s Eyes Only.”

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Information in question has been so designated, this subparagraph shall not

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authorize its disclosure to such party.
b.

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If the Confidential

Defendant Zillow, Inc., including but not limited to its inside

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counsel, including paralegals, clerical or other support staff or services and any

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officers, directors, managers, supervisors or human resources personnel with

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responsibilities related to the subject matter of this litigation unless the Confidential

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Information has been designated “Confidential – Attorney’s Eyes Only.” If the
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Confidential Information in question has been so designated, this subparagraph

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shall not authorize its disclosure to such party.
c.

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counsel of record for the party to whom such Documents or

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materials are produced or given, including co-counsel of record and the legal

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associates, paralegals, clerical or other support staff or services of such counsel or

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co-counsel assigned to assist such counsel in the preparation of this litigation;
d.

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the Court, including any Court personnel, stenographers or other

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persons involved in taking or transcribing court or deposition testimony in this

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action, and members of the jury, provided that any Confidential Information

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submitted or filed with the Court shall be accompanied by an Application and Order

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to Seal seeking to have the Confidential Information filed under seal pursuant to

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Local Rule 79-5 and the provisions of Paragraphs 14 and 15 below;
e.

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any court reporter (including audio and video) involved in this

f.

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independent experts or consultants who have been consulted or

action;

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retained by counsel in this action to furnish technical or expert services or to give

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technical or expert testimony in the trial of this action, provided that such expert or

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consultant signs the Undertaking attached to this Order as Exhibit A,

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acknowledging that he or she has read a copy of this Order and agrees to be bound

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by its terms;
g.

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copying, imaging, computer services and/or litigation support

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services provided that all Confidential Information and/or Documents, including

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copies thereof whether in hard copy or electronic form, are retrieved by the

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furnishing party upon completion of any such copying, imaging and computer

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services;

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h.

special masters or mediators;

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the direct staff of persons designated in paragraphs 7 (f), (g) and

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(h), subject to any conditions enumerated therein;
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j.

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any deposition witness, subject to the terms of paragraph 10

k.

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any other Person upon written consent from counsel for the

below;

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party which produced or gave such Document(s), provided that such person signs

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the Undertaking in the form attached to this Order as Exhibit A, acknowledging that

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he or she has read a copy of this Order and agrees to be bound by its terms.

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8.

Confidential Information designated “Confidential – Attorney’s Eyes

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Only” may be disclosed only to persons described in ¶ 7, subparagraphs c, d, e, f, g,

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h, and i and to deposition witnesses only as provided in paragraph 10 below.

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9.

Nothing in this Order shall prevent any party from producing any

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Document or information in his, her or its possession in response to a lawful

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subpoena or other compulsory process, provided that written notice shall be given

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to all other parties at least ten (10) business days prior to the return date of the

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subpoena or other compulsory process seeking discovery of the designated

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materials.

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10.

Subject to the terms of this Order any party may utilize Confidential

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Information designated as “Confidential” in the course of a deposition provided

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that, prior to his or her examination, the witness is furnished a copy of this Order

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and has executed the Undertaking attached to this Order as Exhibit A. Any party

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may utilize Confidential Information designated as “Confidential – Attorney’s Eyes

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Only” in the course of a deposition provided that the deponent either prepared or

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reviewed the “Confidential – Attorney’s Eyes Only” document prior to its

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production and prior to his or her examination, the witness is furnished a copy of

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this Order and has executed the Undertaking attached to this Order as Exhibit A. If

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a deponent refuses to sign the Undertaking, disclosure of such information to the

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witness during the deposition shall not be a waiver of confidentiality and shall not

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prevent examination of the witness on Documents or other information containing

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Confidential Information. Such witness shall not be allowed to retain copies of
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either the Confidential Information or any portions of their deposition transcript

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containing Confidential Information. If disclosure of Confidential Information is

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opposed, nothing in this Paragraph 10 shall preclude a party from continuing the

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deposition until the matter can be raised before and ruled upon by the Court.

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11.

The parties agree to take reasonable precautions to prevent disclosure

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of Confidential Information without the “Confidential” or “Confidential –

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Attorney’s Eyes Only” designation provided for in this Order. However, it is

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possible that inadvertent or mistaken disclosures will still be made, despite all

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reasonable precautions.

If Documents containing Confidential Information are

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inadvertently or mistakenly disclosed, the parties agree that the Source may request

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the return of such Documents or materials within ten (10) business days after the

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discovery of their inadvertent or mistaken disclosure to allow the designation of the

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Documents or materials as Confidential Information consistent with the provisions

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of this Order. If the receiving party fails to return such Documents or materials, the

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Source may move the Court for an Order compelling their return.

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12.

If Confidential Information is made an exhibit to or the subject of

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examination during a deposition, arrangements shall be made (a) to bind separately

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said exhibits, as well as confidential portions of the transcript or pleading and (b) to

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place them in a sealed envelope appropriately marked.

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13.

Nothing in this Order shall prevent either party from using Documents

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designated as “Confidential” or “Confidential – Attorney’s Eyes Only” or from

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referring to or reciting any information contained in such materials, in connection

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with the litigation in this matter including any hearing, motion, brief, trial, or other

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proceeding in this action, provided the relevant portions of Paragraph 14 and 15

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below are complied with in full.

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14.

Any party filing pleadings, motions, or other papers with the Court that

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contain or make reference to Confidential Information shall file an Application and

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Order to Seal seeking to have the Confidential Information filed under seal pursuant
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to Local Rule 79-5 and following the procedures outlined therein, as well as any

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applicable procedures of Magistrate Judge Douglas F. McCormick and the

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Honorable David O. Carter.

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15.

Nothing herein shall prevent a receiving party from challenging any

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designation of a Document as “Confidential” or “Confidential – Attorney’s Eyes

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Only.” Any such challenge shall be raised through the procedures outlined in Local

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Rule 37. Notwithstanding a challenge or application to the Court pursuant to

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Paragraph 15, all Documents designated as “Confidential” or “Confidential –

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Attorney’s Eyes Only” shall be subject to this Order until the Source withdraws the

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designation or until the Court determines that the Document is not appropriately

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designated as “Confidential” or “Confidential – Attorney’s Eyes Only.”

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16.

Within thirty (30) days after the final determination of this action (i.e.,

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after all appellate rights have been exhausted), all Documents designated as

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containing Confidential Information and all copies thereof shall, upon written

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request, be returned to counsel for the Source who initially produced such

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Documents (unless previously permanently discarded, in which case, counsel for

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the receiving party shall certify in writing to counsel for the Source that such

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Documents have been permanently discarded), provided that copies may be kept by

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counsel of any pleading, brief or Document submitted to the Court, deposition

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and/or trial transcripts and exhibits thereto and correspondence subject to this

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Order.

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17.

The parties further agree to take reasonable precautions to prevent the

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inadvertent or mistaken disclosure of Documents containing Privileged

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Information. The parties further agree that “reasonable precautions” shall include,

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by way of example and not limitation, a multi-level review of documents for

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production, including searching for and gathering documents from offices,

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businesses and other locations where responsive information might be located and

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having lawyers or paralegals carefully review the documents for Privileged
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Information, redacting those portions of Documents where only a portion is

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protected and preparing detailed privilege logs reflecting any withheld material.

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Despite all reasonable precautions, the parties recognize that inadvertent or

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mistaken disclosures of Privileged Information may still be made. If Documents

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containing Privileged Information are inadvertently or mistakenly disclosed, the

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parties agree that the following procedure shall govern:
a.

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The Source shall promptly advise the receiving party of the

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disclosure and shall recall any such inadvertently disclosed Documents by making a

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request of the receiving party for their return.
b.

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If a receiving party becomes aware that a Source inadvertently

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or mistakenly disclosed Documents containing Privileged Information, the

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receiving party shall promptly advise the Source in writing of the disclosure and

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return the Documents and any and all copies to the Source.

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For purposes of this Paragraph 17, the Parties agree that

the return of

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inadvertently or mistakenly disclosed Documents shall be reasonably prompt if

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returned within fifteen (15) business days after the Source or receiving party learns

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of the inadvertent or mistaken disclosure. If the receiving party fails to return such

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Documents or materials, the Source may move the Court for an Order compelling

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their return.

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containing Privileged Information that are inadvertently or mistakenly disclosed

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shall be subject to this Order until the Source withdraws its request for their return

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or until the Court determines that the Document is not appropriately claimed as

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Privileged Information.

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18.

Notwithstanding any such motion to the Court, all Documents

Documents produced in these matters shall be produced across all four

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above-captioned actions. The production of any document in any of the above-

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captioned actions does not operate as an admission that the document is relevant or

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would be admissible in trial in that action, nor does it operate as a waiver of any

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objection any party might make to the document’s admissibility. The parties reserve
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the right to object to the admission of any document produced in any action,

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including on the grounds that it was produced because it was relevant to a different

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action but not to the action in which the opposing party seeks to admit or introduce

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the document.

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19.

This Order may be amended by written agreement between

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counsel for the parties, subject to approval of the Court, or may be modified by

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motion to the Court.

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20.

This Order shall survive the termination of this litigation. The Court

shall retain jurisdiction, even after the termination of this litigation, to enforce this
Order.

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IT IS SO ORDERED.
Dated: August 4, 2015

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_____________________________
DOUGLAS F. McCORMICK
United States Magistrate Judge

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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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SOUTHERN DIVISION

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ASHLEY BOEHLER, an individual;
JAMES FRIEDRICH, an individual,

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SACV 14-01844 DOC (DFMx)

Plaintiffs,

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v.

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9

ZILLOW, INC., a Washington
corporation; and DOES 1 through 50,
inclusive

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DECLARATION AND
UNDERTAKING TO COMPLY
WITH TERMS OF STIPULATED
PROTECTIVE ORDER

Defendants.

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RACHEL KREMER, an individual,

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13

v.

SACV 14-01889 DOC (DFMx)

Plaintiff,

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ZILLOW, INC., a Washington
corporation; and DOES 1 through 50,
inclusive
Defendants.

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JENNIFER YOUNG, an individual;

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17
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v.

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SACV 14-01922 DOC (DFMx)

Plaintiff,

ZILLOW, INC., a Washington
corporation; and DOES 1 through 50,
inclusive

DECLARATION AND
UNDERTAKING TO COMPLY
WITH TERMS OF STIPULATED
PROTECTIVE ORDER

Defendants.

21
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DECLARATION AND
UNDERTAKING TO COMPLY
WITH TERMS OF STIPULATED
PROTECTIVE ORDER

STEPHEN JOHNSON, an individual;
REGINALD PETERSON, an individual;
RYAN SEDA, an individual; JASON
YOUSEPH, an individual; and
MICHAEL KERR, an individual,
Plaintiffs,

25

v.

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27

ZILLOW, INC., a Washington
corporation; and DOES 1 through 50,
inclusive

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Defendants.
14
3799843v1/014549

SACV 14-01991 DOC (DFMx)
DECLARATION AND
UNDERTAKING TO COMPLY
WITH TERMS OF STIPULATED
PROTECTIVE ORDER

1

DECLARATION AND UNDERTAKING OF _________________ __________

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I, __________________________, declare as follows:

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1.

My address is _________________________________________.

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2.

My present employer and the address of my present employer (if

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different from above) are _________________________________________.

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have received a copy of the Stipulated Protective Order in the above-captioned

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actions.

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3.

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I

Having carefully read and understood the provisions of the Stipulated

Protective Order, I agree to be bound by its terms.
4.

I will hold in confidence and not disclose to anyone not qualified

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under the Stipulated Protective Order, and will use only for purposes of this action,

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any Documents designated as “Confidential” or “Confidential – Attorney’s Eyes

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Only” as set forth in the Stipulated Protective Order, which are disclosed to me. I

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will maintain any such information in a safe and secure place.

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5.

I will return all Documents designated as “Confidential” or

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“Confidential – Attorney’s Eyes Only” which come into my Possession and

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Documents or things I have prepared relating thereto, to counsel of the party that

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provided such materials to me. I acknowledge that such return shall not relieve me

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from any continuing obligation imposed on me by the Stipulated Protective Order.

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6.

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

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for the Central District of California, for purposes of enforcement of this

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Declaration and Undertaking.

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I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
Dated this ___ day of ______, 201__.

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Signature_______________________

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Print Name _____________________

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3799843v1/014549