John Lomonaco v. Soberlink, Inc.

Filing 80

STIPULATED PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick 77 . Refer to document for detailed information. (ts)

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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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JOHN LOMONACO, individually and on
behalf of all others similarly situated,

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Case No. SACV15-00015-JLS (DFMx)
Hon. Magistrate Judge Douglas F.
McCormick
[PROPOSED] STIPULATED
PROTECTIVE ORDER

Plaintiff,
v.
SOBERLINK, INC.,
Defendant.

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AND RELATED COUNTERCLAIM.

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[PROPOSED] STIPULATED PROTECTIVE ORDER

[PROPOSED] STIPULATED PROTECTIVE ORDER

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1.

LIMITATIONS
Nothing in this Order confers blanket protections on all disclosures or responses to

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discovery, and the protection it affords extends only to the limited information or items

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that are entitled under the applicable legal principles to treatment as confidential. Further,

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this Stipulated Protective Order creates no entitlement to file confidential information

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under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and

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reflects the standards that will be applied when a party seeks permission from the court to

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file material under seal.

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2.

DEFINITIONS
2.1.

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

employees, consultants, retained experts, and outside counsel (and their support staff).
2.2.

Material: all items or information, regardless of the medium or manner

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generated, stored, or maintained (including, among other things, testimony, transcripts, or

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tangible things) that are produced, served or otherwise provided in this action by the parties

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or by non-parties.

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2.3.

“Confidential” Information or Items: information or any other form of

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evidence or discovery the party or third party witness or entity believes, in good faith,

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embodies, contains, or reflects confidential information that is used by it in, or pertaining

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to, its business, which information is not generally known and which that party would

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normally not reveal to third parties or, if disclosed, would require such third parties to

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maintain in confidence, including without limitation, research, trade secret, development,

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commercial, financial or personnel information.

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2.4.

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

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information or any other form of evidence or discovery the party or third party witness or

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entity believes, in good faith, embodies, contains or reflects highly proprietary financial or

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technical data or highly sensitive competitive information that a producing party or

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producing third party determines, in good faith, is likely to cause significant competitive
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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harm to its existing or prospective commercial relationships if disclosed to third parties.

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General examples of such “Attorneys Eyes Only” information may include, without

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limitation, currently competitive trade secrets, minutes of Board meetings, pricing data,

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financial data, sales information, customer confidential information, agreements or

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relationships with non-parties, market projections or forecasts, strategic business plans,

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selling or marketing strategies, or information about employees. These examples are

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provided for illustrative purposes only and do not constitute an admission of the relevancy

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of any such materials in this litigation.

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2.5.

Producing Party: a Party or non-party that produces Material in this action.

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2.6.

Receiving Party: a Party that receives Material from a Producing Party.

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2.7.

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

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

Protected Material: any Material that is designated as “Confidential” or as

“Highly Confidential – Attorneys’ Eyes Only.”
2.9.

Outside Counsel: attorneys (including litigation and clerical support staff) who

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are not employees, directors, or officers of a Party or a Party’s parents, affiliates, or

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subsidiaries, but who are counsel of record for a Party in this action or advise a Party in this

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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 well as

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their support staffs).
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 an

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expert witness or as a consultant in this action and who is not a past or 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 (i)

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anticipated to become an employee of a Party or a competitor of a Party or (ii) a consultant

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involved in product, process and/or software design or development relating to network

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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authentication for a Party or for a Party’s competitor. This definition includes a

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professional jury or trial consultant retained in connection with this litigation.

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

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

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organizing, storing, retrieving data in any form or medium; etc.) and their employees and

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subcontractors.

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3.

The protections conferred by this Stipulation and Order cover not only Protected

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SCOPE

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

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as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations,

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or presentations by parties or counsel to or in court or in other settings that might reveal

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Protected Material.

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4.

DURATION.
The terms of this Order shall survive the final termination of this action to the extent

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that any Protected Material is not or does not become known to the public. This Court shall

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retain jurisdiction over this action for the purpose of enforcing this Order. The parties

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agree that any order of dismissal of this action as to any or all parties shall include a

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specific provision that the Court retains jurisdiction to enforce the terms of this Order

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following dismissal. Each Party hereby consents to the personal jurisdiction of the Court

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for that purpose.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1.

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

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Party or non-party that designates information or items for protection under this Order must

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take care to limit any such designation to specific material that qualifies under the

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appropriate standards. A Designating Party must take care to designate for protection only

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those parts of material, documents, items, or oral or written communications that qualify –

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so that other portions of the material, documents, items, or communications for which

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protection is not warranted are not swept unjustifiably within the ambit of this Order.
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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Mass, indiscriminate, or routinized designations are prohibited. Designations that are

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shown to be clearly unjustified, or that have been made for an improper purpose (e.g., to

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unnecessarily encumber or retard the case development process, or to impose unnecessary

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expenses and burdens on other parties), may expose the Designating Party to sanctions.

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

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

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of protection initially asserted, that Party or non-party must promptly notify all other parties

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that it is withdrawing the mistaken designation.

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5.2.

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

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

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ordered, material that qualifies for protection under this Order must be clearly so

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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 depositions or

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” on

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each page that contains protected material. If the Receiving Party believes a portion of the

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page so designated does not contain Protected Material or should be given a lower level of

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protection, the Receiving Party may make a request to the Producing Party that that portion

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be de-designated. The change in the level of protection may be indicated by making

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appropriate markings in the margin of the affected page.

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(b)

For Native and/or Other Electronic Materials, all Protected Material not

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reduced to hard copy, tangible or physical form or that cannot be conveniently designated

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as set forth in Paragraph 5.2(a) shall be designated by informing the Receiving Party of the

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designation in writing. To the extent the Receiving Party subsequently generates any

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permitted copies of this information, whether electronic or hard copy, it shall ensure that all

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such copies are clearly designated with the appropriate confidentiality designations.

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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(c)

For documents made available for inspection, a party or non-party need not

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designate them for protection until after the inspecting Party has indicated which material it

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would like copied and produced. During the inspection and before the designation, all of

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the material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL –

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

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

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

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specified documents, the Producing Party must affix the appropriate legend

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

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on each page that contains Protected Material. If only a portion or portions of the material

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

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

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specify, for each portion, the level of protection being asserted (either “CONFIDENTIAL”

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or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”). If a document has

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more than one designation, the more restrictive or higher designation applies.

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(d)

For testimony given in deposition or in other discovery-related proceedings,

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that the Party or non-party offering or sponsoring the testimony identify on the record,

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before the close of the deposition or other discovery-related proceeding, all protected

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testimony, and further specify any portions of the testimony that qualify as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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Testimony identified in this way will retain the protection of its designation as Protected

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Material without any further action by the Designating Party. Any Party may also

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designate testimony as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” by notifying the court reporter and all of the parties, in

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writing within thirty (30) days after receipt of the final corrected deposition transcript, of

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the specific pages and lines of the transcript that should be treated thereafter as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. In

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such a case, each Party shall attach a copy of such written notice or notices to the face of
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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the transcript and each copy thereof in his/her possession, custody or control. In any event,

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all deposition transcripts shall be treated as “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY” for at least a period of thirty (30) days after receipt of the final corrected

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transcript.

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(e)

For information produced in some form other than documentary, and for any

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other tangible items, that the Producing Party affix in a prominent place on the exterior of

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the container or containers in which the information or item is stored the legend

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If

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only portions of the information or item warrant protection, the Producing Party, to the

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extent practicable, shall identify the protected portions, specifying whether they qualify as

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

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5.3.

Inadvertent Production.

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(a)

Inadvertent Failures to Properly Designate. If a Party or non-party

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inadvertently produces Material without labeling or otherwise designating it in accordance

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with the provisions of this Order, the Party or non-party may give written notice to the

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Receiving Party that the Material produced is designated “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and should be treated as such in

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accordance with the provisions of this Order. The Receiving Party must treat such Material

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according to its most recent designation of “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” from the date such notice is received.

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If, before receiving such notice, the Receiving Party disclosed such Material to recipients

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who are not qualified to receive it under the most recent designation, the Receiving Party

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must immediately inform the Designating Party of all pertinent facts relating to such

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disclosure and shall make all reasonable efforts to assure that the Material is treated in

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accordance with the provisions of this Order, including retrieving any copies that may have

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been disclosed to unqualified recipients. Nothing in this section shall preclude a Party from

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challenging the propriety of the claim of confidentiality.

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[PROPOSED] STIPULATED PROTECTIVE ORDER

(b)

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No Waiver of Privilege. The production or inspection of Material that a

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Producing Party claims was inadvertent and should not have been produced or disclosed

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because of the attorney-client privilege, the work product immunity or any other applicable

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privilege or immunity from discovery shall not be deemed to be a waiver of any such

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privilege or immunity to which the Producing Party would have been entitled had the

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Material not inadvertently been produced or disclosed. Upon request by the Producing

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Party, the Receiving Party shall immediately return all copies of such inadvertently

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produced Material. The return of such Material shall not in any way preclude the

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Receiving Party from moving the Court for a ruling that the Material was never privileged.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS.
6.1.

Challenges. The Designating Party shall use reasonable care when designating

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Material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY”. Nothing in this Order shall prevent a Receiving Party from contending that any

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Material has been improperly designated. If the Receiving Party disagrees with the

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designation of any Material, the Receiving Party may challenge such designation by

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providing the Designating Party with written notice of such challenge and by identifying

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the Material as specifically as possible. Unless a prompt challenge to a Designating Party’s

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confidentiality designation is necessary to avoid foreseeable substantial unfairness,

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unnecessary economic burdens, or a later significant disruption or delay of the litigation, a

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

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mount a challenge promptly after the original designation is disclosed.

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6.2.

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

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Party’s confidentiality designation must do so in good faith and, in addition to the written

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notice, must begin the process by conferring directly (in voice to voice dialogue; other

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forms of 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 confidentiality

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designation was not proper and must give the Designating Party an opportunity to review

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the designated material, to reconsider the circumstances, and, if no change in designation is
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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offered, to explain the basis for the chosen designation. A challenging Party may proceed to

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the next stage of the challenge process only if it has engaged in this meet and confer

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process first.
6.3.

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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 Designating

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Party may file and serve a motion that identifies the challenged material and sets forth in

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detail the basis for the challenge. Each such motion must (a) be made in strict compliance

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with Local Rules 37-1 and 37-2, including the Joint Stipulation requirement; (b)

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

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meet and confer requirements imposed in the preceding paragraph; and (c) set forth with

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specificity the justification for the confidentiality designation that was given by the

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Designating Party in the meet and confer dialogue.
Until the court rules on the challenge, all parties shall continue to afford the material

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

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designation.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL.
7.1.

Basic Principles. Unless previously filed or lodged with the Court, Protected

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Material and the substance and content thereof, including any copies, notes, memoranda,

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summaries, excerpts, compilations, or other similar documents relating thereto, shall be

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used by a Receiving Party solely for the purpose of this litigation and not for any other

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purpose, including, without limitation, any business or commercial purpose, or

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dissemination to the media or public. Any person in possession of Protected Material shall

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exercise reasonably appropriate care with regard to storage, custody, or use of such

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Protected Material in order to ensure that the confidential nature of the Protected Material

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is maintained. If Protected Material is disclosed or comes into the possession of any person

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other than in the manner authorized by this Order, any Party having knowledge of the

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disclosure must immediately inform the Producing Party (and, if not the same person or

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entity, the Designating Party) of all pertinent facts relating to such disclosure and shall
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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make reasonable efforts to retrieve such Protected Material and to prevent further

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disclosure. Such Protected Material may be disclosed only to the categories of persons and

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under the 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 12 (FINAL DISPOSITION),

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below.

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

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

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this Order.

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7.2.

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

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

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may disclose any information or item designated “CONFIDENTIAL” only to:

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(a)

the Receiving Party’s Outside Counsel of record in this action;

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(b)

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

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Receiving Party to whom disclosure is reasonably necessary for this litigation and who

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

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(c)

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

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

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by Protective Order” (Exhibit A);

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(d)

the Court and its personnel (who are expressly excluded from any requirement

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

court reporters, their staffs, and Professional Vendors to whom disclosure is

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

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by Protective Order” (Exhibit A);

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(f)

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 Protective

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Order” (Exhibit A). Pages of transcribed deposition testimony or exhibits to depositions

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that reveal Protected Material must be separately bound by the court reporter and may not

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be disclosed to anyone except as permitted under this Stipulated Protective Order;
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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(g)

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

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(h)

any mediator who is assigned to hear this matter, and his or her staff, subject

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to their agreement to maintain confidentiality to the same degree as required by this

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Stipulated Protective Order.
7.3.

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Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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Information or Items. Unless otherwise ordered by the court or permitted in writing by the

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Designating Party, a Receiving Party may disclose any information or item designated

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
(a)

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

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employees of said Counsel to whom it is reasonably necessary to disclosure the information

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for this litigation;
(b)

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

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

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Protective Order” (Exhibit A);
(c)

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The Court and its personnel (who are expressly excluded from any

requirement to sign the “Agreement to Be Bound by Protective Order” (Exhibit A));
(d)

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Court reporters, their staffs, and Professional Vendors to whom disclosure is

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

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by Protective Order” (Exhibit A); and
(e)

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8.

The author of the document or the original source of the information.

DISCLOSURE TO EXPERTS
(a)

Confidentiality Agreement. An Expert’s access to Protected Material shall be

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subject to the terms in this section, including the notice-and-objection provisions below,

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and the requirement that the Expert execute the “Agreement to Be Bound by Protective

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Order” (Exhibit A). The “Agreement to Be Bound by Protective Order” (Exhibit A) shall

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be retained by Outside Counsel for the Party that retained the Expert, but need not be

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disclosed to any other Party.

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[PROPOSED] STIPULATED PROTECTIVE ORDER

(b)

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Written Notice. Before a Receiving Party may disclose, directly or indirectly,

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any Protected Material to an Expert, the Receiving Party must give written notice to the

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Producing Party of the Expert’s current curriculum vitae.
(c)

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Objection. A Party that makes a written notice and provides the information

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specified in the preceding paragraph may disclose the Protected Material to the identified

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Expert unless, within three (3) business days of the written notice (plus three (3) additional

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business days if notice is given other than by hand delivery, email, or facsimile

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transmission), the Producing Party objects in writing.
(d)

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Judicial Intervention. If an objection is made, the parties shall meet and confer

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to try to resolve the dispute by agreement. If no agreement is reached, the objecting Party

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may move the Court for an order that access to “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” be denied the designated individual, or

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other appropriate relief. Such motion must be made in strict compliance with Local Rules

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37-1 and 37-2, including the Joint Stipulation requirement. Unless and until the Court

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determines otherwise, no disclosure of any such Protected Material shall be made by the

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Receiving Party to any Expert to whom an objection has been made.

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9.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

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OTHER LITIGATION.

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

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that would compel disclosure of any information or items designated in this action as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” the

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Receiving Party must so notify the Designating Party, in writing (by fax, if possible) within

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

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copy of the subpoena or court order.

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The Receiving Party also must inform in writing the Party who caused the subpoena

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

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or order is the subject of this Protective Order. In addition, the Receiving Party must

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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deliver a copy of this Stipulated Protective Order promptly to the Party in the other action

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that caused the subpoena or order to issue.
The purpose of imposing these duties is to alert the interested parties to the existence

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

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try to protect its confidentiality interests in the court from which the subpoena or order

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issued. The Designating Party shall bear the burdens and the expenses of seeking protection

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

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construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful

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subpoena issued in another action.

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10.

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 writing the

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

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

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

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to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as

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Exhibit A.

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11.

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

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

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Highly Confidential – Attorneys’ Eyes Only,” the proposed filing shall be accompanied by

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an application to file the papers or the portion thereof containing the designated

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

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shall be directed to the judge to whom the papers are directed. For motions, the parties

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shall publicly file a redacted version of the motion and supporting papers.

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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12.

FINAL DISPOSITION

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

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

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all Protected Material or return all Protected Material to the Producing Party, at the

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Producing Party’s option. As used in this subdivision, “all Protected Material” includes all

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copies, abstracts, compilations, summaries or any other form of reproducing or capturing

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any of the Protected Material.
Whether the Protected Material is returned or destroyed, the Receiving Party must

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

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to the 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 affirms that

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the Receiving Party has not retained any copies, abstracts, compilations, summaries or

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other forms of reproducing or capturing any of the Protected Material.
Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

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pleadings, motion papers, transcripts, legal memoranda, correspondence or attorney work

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

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

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in Section 4 (DURATION), above.

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13.

MISCELLANEOUS.

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13.1. Injunctive Relief. The parties acknowledge that any breach of this Order may

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result in immediate and irreparable injury for which there is no adequate remedy at law. If

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anyone violates or threatens to violate the terms of this Order, the parties agree that the

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aggrieved Party may immediately apply to obtain injunctive relief against any such

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violation or threatened violation, and if the aggrieved Party does so, any respondent who is

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subject to the provisions of this Order may not employ as a defense that the aggrieved Party

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possesses an adequate remedy at law.

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13.2. Right to Further Relief. Nothing in this Order abridges the right of any person
to seek its modification by the Court in the future.
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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

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

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

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Protective Order. Similarly, no Party waives any right to object on any ground to use in

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evidence of any of the material covered by this Protective Order.

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Pursuant to the Parties’ Stipulation,

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IT IS SO ORDERED.

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DATED: November 30, 2015

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Hon. Douglas F. McCormick
United States Magistrate Judge

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _____________________ [print or type full name], of ________________ [print

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or type full address], declare under penalty of perjury that I have read in its entirety and

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understand the Stipulated Protective Order that was issued by the United States District

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Court for the Central District of California on [date] in the case of LOMONACO V.

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SOBERLINK, INC., Case No. SACV15-00015-JLS (RNBx). I agree to comply with and

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

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acknowledge that failure to so comply could expose me to sanctions and punishment in the

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nature of contempt. I solemnly promise that I will not disclose in any manner any

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information or item that is subject to this Stipulated Protective Order to any person or entity

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except in strict 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 for the

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

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Protective Order, even if such enforcement proceedings occur after termination of this

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action.

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

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_______________________________________ [print or type full address and telephone

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number] as my California agent for service of process in connection with this action or any

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proceedings related to enforcement of this Stipulated Protective Order.

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Date: _________________________________

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City and State where sworn and signed: _________________________________

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Printed name: ______________________________

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Signature: __________________________________

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[PROPOSED] STIPULATED PROTECTIVE ORDER