Joseph Neev v. Alcon Laboratories, Inc. et al

Filing 39

PROTECTIVE ORDER by Judge James V. Selna granting Stipulation for Protective Order 37 . (twdb)

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Philip Graves
HAGENS BERMAN SOBOL SHAPIRO LLP
301 N. Lake Ave #203
Pasadena, CA 91101
Telephone: [phone]
[e-mail]

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Ivy Arai Tabbara (pro hac vice)
[e-mail]
Barbara Mahoney (pro hac vice)
[e-mail]
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 8th Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
ERIC M. ACKER (SBN 135805)
[e-mail]
JOHN R. LANHAM (SBN 289382)
[e-mail]
CHIKA ARAKAWA (SBN 292536)
[e-mail]
MORRISON & FOERSTER LLP
12531 High Bluff Drive
San Diego, CA 92130
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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JOSEPH NEEV
Plaintiff,

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v.

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ALCON LABORATORIES, INC., a
Delaware Corporation; and WAVELIGHT,
GmbH, a German Corporation,
Defendants.

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793840 V1

Lead Case No. SACV 8:15-cv-336JVS-JCG
(Consolidated with 8:15-cv-624JVS-JCG)

Stipulated Protective Order

TABLE OF CONTENTS

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Page

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I. 

PURPOSES AND LIMITATIONS ...................................................................... 1 

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II. 

GOOD CAUSE .................................................................................................... 1 

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III. 

DEFINITIONS ..................................................................................................... 2 

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IV. 

SCOPE .................................................................................................................. 4 

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V. 

DURATION ......................................................................................................... 4 

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VI. 

DESIGNATING PROTECTED MATERIAL ..................................................... 4 
A. 

Exercise of Restraint and Care in Designating Material for
Protection ................................................................................................... 4 

B. 

Manner and Timing of Designations ......................................................... 5 

C. 

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Inadvertent Failures to Designate .............................................................. 6 

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VII.  CHALLENGING CONFIDENTIALITY DESIGNATIONS .............................. 7 
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A. 

Timing of Challenges ................................................................................. 7 

B. 

Meet and Confer......................................................................................... 7 

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VIII.  ACCESS TO AND USE OF PROTECTED MATERIAL .................................. 7 
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A. 

Basic Principles .......................................................................................... 7 

B. 

Disclosure of “CONFIDENTIAL” Information or Items .......................... 7 

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IX. 

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION ........................................................... 10 

X. 

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION ............................................................... 10 

XI. 

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL............... 11 

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XII.  INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL ....................................................... 12 

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XIII.  MISCELLANEOUS ........................................................................................... 12 

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A. 

Right to Further Relief ............................................................................. 12 

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B. 

Right to Assert Other Objections ............................................................. 12 

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C. 

Filing Protected Material ......................................................................... 12 

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D. 

Written Notice .......................................................................................... 13 

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STIPULATED PROTECTIVE ORDER
Case No. 8:15-cv-00336-JVS-JCG

E. 

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Privilege Logs .......................................................................................... 13 

XIV.  FINAL DISPOSITION....................................................................................... 13 

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STIPULATED PROTECTIVE ORDER
Case No. 8:15-cv-00336-JVS-JCG

I.

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1.

PURPOSES AND LIMITATIONS

Discovery in this action is likely to involve production of confidential,

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proprietary, or private information for which special protection from public disclosure

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and from use for any purpose other than prosecuting this litigation may be warranted.

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Accordingly, the parties hereby stipulate to and petition the Court to enter the

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following Stipulated Protective Order. The parties acknowledge that this Order does

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not confer blanket protections on all disclosures or responses to discovery and that the

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protection it affords from public disclosure and use extends only to the limited

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information or items that are entitled to confidential treatment under the applicable

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legal principles. The parties further acknowledge, as set forth in Section 12. 3, below,

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that this Stipulated Protective Order does not entitle them to file confidential

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

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followed and the standards that will be applied when a party seeks permission from

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the Court to file material under seal.
II.

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2.

GOOD CAUSE

This action is likely to involve trade secrets, customer and pricing lists

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

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proprietary information for which special protection from public disclosure and from

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

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confidential and proprietary materials and information consist of, among other things,

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confidential business or financial information, information regarding confidential

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

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information, information otherwise generally unavailable to the public, or which may

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

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

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

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

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confidential, to ensure that the parties are permitted reasonable necessary uses of such
793840 V1

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STIPULATED PROTECTIVE ORDER
Case No. 8:15-cv-00336-JVS-JCG

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

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

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

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

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

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

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record of this case.
III.

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3.

Action: the above captioned lawsuit and any or all actions that may be

consolidated or related to it.

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DEFINITIONS

4.

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

of information or items under this Order.

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5.

“CONFIDENTIAL” Information or Items: information (regardless of

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how it is generated, stored or maintained) or tangible things that qualify for protection

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under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

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Cause Statement.

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6. “HIGHLY CONFIDENTIAL” Information or Items: information regardless

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of how it is generated, stored or maintained) or tangible things (1) that qualify for

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protection under Federal Rule of Civil Procedure 26(c), and as specified above in the

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Good Cause Statement and (2) that the Designating Party reasonably believes are so

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sensitive that disclosure of the information or tangible things to unaffiliated parties,

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third parties, or non-lawyer employees of the Receiving Party (or the Receiving Party

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himself) could cause competitive harm to the Designating Party.

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7.

Counsel: Outside Counsel of Record and In-House Counsel (as well as

their support staff).

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8.

Designating Party: a Party or Non-Party that designates information or

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

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CONFIDENTIAL” or “CONFIDENTIAL.”
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STIPULATED PROTECTIVE ORDER
Case No. 8:15-cv-00336-JVS-JCG

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9.

Disclosure or Discovery Material: all items or information, regardless of

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the medium or manner in which it is generated, stored, or maintained (including,

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

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generated in disclosures or responses to discovery in this matter.

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10.

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.

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11.

In-House Counsel: attorneys who are employees of a party to this

Action. In-House Counsel does not include Outside Counsel of Record or any other

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outside counsel.

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12.

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Non-Party: any natural person, partnership, corporation, association, or

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

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Outside Counsel of Record: attorneys who are not employees of a party

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to this Action but are retained to represent or advise a party to this Action and have

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appeared in this Action on behalf of that party or are affiliated with a law firm which

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has appeared on behalf of that party, and includes support staff.

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

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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support staffs).

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15.

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Producing Party: a Party or Non-Party that produces Disclosure or

Discovery Material in this Action.

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16.

Professional Vendors: persons or entities that provide litigation support

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

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demonstrations, and organizing, storing, or retrieving data in any form or medium) and

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their employees and subcontractors.

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17.

Protected Material: any Disclosure or Discovery Material that is

designated as “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL.”

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793840 V1

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STIPULATED PROTECTIVE ORDER
Case No. 8:15-cv-00336-JVS-JCG

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18.

Receiving Party: a Party that receives Disclosure or Discovery Material

from a Producing Party.
IV.

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19.

SCOPE

The protections conferred by this Stipulation and Order cover not only

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Protected Material (as defined above), but also (1) any information copied or extracted

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from Protected Material; (2) all copies, excerpts, summaries, or compilations of

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Protected Material; and (3) any testimony, conversations, or presentations by Parties

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or their Counsel that might reveal Protected Material.

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20.

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

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

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21.

DURATION

Even after final disposition of this litigation, the confidentiality

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

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agrees otherwise in writing, or a court order otherwise directs. Final disposition shall

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be deemed to be the later of (1) dismissal of all claims and defenses in this Action,

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with or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of time

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pursuant to applicable law.
VI.

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A.

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DESIGNATING PROTECTED MATERIAL

Exercise of Restraint and Care in Designating Material for Protection
22.

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

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

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material that qualifies under the appropriate standards. The Designating Party must

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

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

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

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unjustifiably within the ambit of this Order.
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STIPULATED PROTECTIVE ORDER
Case No. 8:15-cv-00336-JVS-JCG

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23.

Mass, indiscriminate, or routinized designations are prohibited.

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Designations that are shown to be clearly unjustified or that have been made for an

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improper purpose (e.g., to unnecessarily encumber the case development process or to

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

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Designating Party to sanctions. If it comes to a Designating Party’s attention that

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information or items that it designated for protection do not qualify for

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2015.07.13protection that Designating Party must promptly notify all other Parties that

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it is withdrawing the inapplicable designation.

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B.

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Manner and Timing of Designations
24.

Except as otherwise provided in this Order (see, e.g., second paragraph of

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this section), or as otherwise stipulated or ordered, Disclosure or Discovery Material

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that qualifies for protection under this Order must be clearly so designated before the

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material is disclosed or produced.

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25.

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Designation in conformity with this Order requires:
(a)

for information in documentary form (e.g., paper or electronic

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documents, but excluding transcripts of depositions or other pretrial or trial

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proceedings), that the Producing Party affix at a minimum, the legend “HIGHLY

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CONFIDENTIAL” or “CONFIDENTIAL” (hereinafter ““HIGHLY CONFIDENTIAL

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

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

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

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markings in the margins). A Party or Non-Party that makes original documents

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available for inspection need not designate them for protection until after the

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

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

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inspection shall be deemed “HIGHLY CONFIDENTIAL.” After the inspecting Party

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has identified the documents it wants copied and produced, the Producing Party must

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determine which documents, or portions thereof, qualify for protection under this
793840 V1

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STIPULATED PROTECTIVE ORDER
Case No. 8:15-cv-00336-JVS-JCG

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Order. Then, before producing the specified documents, the Producing Party must

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affix the “HIGHLY CONFIDENTIAL or CONFIDENTIAL” legend to each page that

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

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qualifies for protection, the Producing Party also must clearly identify the protected

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

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(b)

for testimony given in depositions, that the Designating Party

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specifically identify the Disclosure or Discovery Material either on the record before

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the close of the deposition or by written notice to the other party within 14 days of

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receipt of the transcript. Unless otherwise agreed, depositions shall be treated as

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“CONFIDENTIAL” during the 14-day period following receipt of the transcript, with

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the exception that any testimony identified as “HIGHLY CONFIDENTIAL” on the

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record before the close of the deposition shall be treated as such during this 14-day

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period. The deposition of any witness (or any portion of that deposition), which

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encompasses information designated as HIGHLY CONFIDENTIAL or

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CONFIDENTIAL shall be taken only in the presence of persons who are qualified to

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have access to such information, unless otherwise mutually agreed by the Parties.

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(c)

for information produced in some tangible form other than

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documentary, that the Producing Party affix in a prominent place on the exterior of the

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container or containers in which the information is stored the legend “HIGHLY

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CONFIDENTIAL” or “CONFIDENTIAL.” If only a portion or portions of the

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information warrants protection, the Producing Party, to the extent practicable, shall

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identify the protected portion(s).

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C.

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Inadvertent Failures to Designate
26.

If timely corrected, an inadvertent failure to designate qualified

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information or items does not, standing alone, waive the Designating Party’s right to

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secure protection under this Order for such material. Upon timely correction of a

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designation, the Receiving Party must make reasonable efforts to assure that the

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material is treated in accordance with the provisions of this Order.
793840 V1

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STIPULATED PROTECTIVE ORDER
Case No. 8:15-cv-00336-JVS-JCG

VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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A.

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Timing of Challenges
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Any Party or Non-Party may challenge a designation of confidentiality at

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any time that is consistent with the Court’s Scheduling Order.

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B.

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Meet and Confer
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The Challenging Party shall initiate the dispute resolution process under

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Local Rule 37. 1 et seq. The burden of persuasion in any such challenge proceeding

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shall be on the Designating Party. Frivolous challenges, and those made for an

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improper purpose (e.g., to harass or impose unnecessary expenses and burdens on

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other parties) may expose the Challenging Party to sanctions. Unless the Designating

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Party has waived or withdrawn the confidentiality designation, all parties shall

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

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under the Producing Party’s designation until the Court rules on the challenge.
VIII. ACCESS TO AND USE OF PROTECTED MATERIAL

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A.

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Basic Principles
29.

A Receiving Party may use Protected Material that is disclosed or

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produced by another Party or by a Non-Party in connection with this Action only for

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prosecuting, defending, or attempting to settle this Action. Such Protected Material

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may be disclosed only to the categories of persons and under the conditions described

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in this Order. When the Action has been terminated, a Receiving Party must comply

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with the provisions of section XIV below (FINAL DISPOSITION).

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30.

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

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

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authorized under this Order.

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B.

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Disclosure of “CONFIDENTIAL” Information or Items
31.

Unless otherwise ordered by the Court or permitted in writing by the

Designating Party, a Receiving Party may disclose any information or item designated
“CONFIDENTIAL” only to:
793840 V1

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STIPULATED PROTECTIVE ORDER
Case No. 8:15-cv-00336-JVS-JCG

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(a)

the Receiving Party’s Outside Counsel of Record in this Action, as

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well as employees of said Outside Counsel of Record to whom it is reasonably

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necessary to disclose the information for this Action;

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(b)

up to five (5) officers, directors, or employees (including In-House

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Counsel) of the Receiving Party (including, if a real person, the Receiving Party

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himself), to whom disclosure is reasonably necessary for this Action and who have

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signed the “Acknowledgment and Agreement to Be Bound” attached hereto as Exhibit

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A;

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(c)

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

disclosure is reasonably necessary for this Action and who have signed Exhibit A;

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(d)

the Court and its personnel;

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(e)

court reporters and their staff;

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(f)

mock jurors to whom disclosure is reasonably necessary for this

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Action, and who have signed Exhibit A

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(g)

reasonably necessary for this Action, and who have signed Exhibit A;

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professional jury or trial consultants, to whom disclosure is

(h)

the author or recipient of a document containing the information or

a custodian or other person who otherwise possessed or knew the information;

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(i)

during their depositions, witnesses, and attorneys for witnesses

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(other than persons within the scope of the immediately preceding subsection (h)), in

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the Action to whom disclosure is reasonably necessary provided that the witness signs

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Exhibit A. Pages of transcribed deposition testimony or exhibits to depositions that

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

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be disclosed to anyone except as permitted under this Stipulated Protective Order;

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(j)

any mediator or settlement officer, and their supporting personnel,

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

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(k)

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connection with this Action.

Professional Vendors for purposes of performing work in

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STIPULATED PROTECTIVE ORDER
Case No. 8:15-cv-00336-JVS-JCG

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C. Disclosure of “HIGHLY CONFIDENTIAL” Information or Items.

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32. 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” only to:

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(a)

the Receiving Party’s Outside Counsel of Record in this Action, as

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well as employees of said Outside Counsel of Record to whom it is reasonably

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necessary to disclose the information for this Action;

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(b)

reasonably necessary for this Action who have signed Exhibit A and whose names
have been provided to Outside Counsel of Record for the Designating Party;

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In-House Counsel of the Receiving Party to whom disclosure is

(c)

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

disclosure is reasonably necessary for this Action and who have signed Exhibit A;

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(d)

the Court and its personnel;

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(e)

court reporters and their staff;

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(f)

mock jurors to whom disclosure is reasonably necessary for this

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Action, and who have signed Exhibit A

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(g)

reasonably necessary for this Action, and who have signed Exhibit A;

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professional jury or trial consultants, to whom disclosure is

(h)

the author or recipient of a document containing the information or

a custodian or other person who otherwise possessed or knew the information;

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(i)

during their depositions, witnesses, and attorneys for witnesses

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(other than persons within the scope of the immediately preceding subsection (h)), in

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the Action to whom disclosure is reasonably necessary provided that the witness signs

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Exhibit A. Pages of transcribed deposition testimony or exhibits to depositions that

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

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be disclosed to anyone except as permitted under this Stipulated Protective Order;

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(j)

any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any of the parties engaged in settlement discussions; and
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STIPULATED PROTECTIVE ORDER
Case No. 8:15-cv-00336-JVS-JCG

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(k)

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connection with this Action.
IX.

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Professional Vendors for purposes of performing work in

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION

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33.

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litigation that compels disclosure of any information or items designated in this Action
as “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL,” that Party must:
(a)

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(b)

subpoena or order is subject to this Protective Order. Such notification shall include a
copy of this Stipulated Protective Order; and
(c)

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cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.
34.

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promptly notify in writing the party who caused the subpoena or

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

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promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order;

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

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

with the subpoena or court order shall not produce any information designated in this
action as “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL” before a
determination by the court from which the subpoena or order issued, unless the Party
has obtained the Designating Party’s permission. The Designating Party shall bear the
burden and expense of seeking protection in that court of its confidential material and
nothing in these provisions should be construed as authorizing or encouraging a
Receiving Party in this Action to disobey a lawful directive from another court.
X.

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(a)

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
The terms of this Order are applicable to information produced by a Non-

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Party in this Action and designated as “HIGHLY CONFIDENTIAL” or

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“CONFIDENTIAL.” Such information produced by Non-Parties in connection with

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this litigation is protected by the remedies and relief provided by this Order. Nothing
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STIPULATED PROTECTIVE ORDER
Case No. 8:15-cv-00336-JVS-JCG

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in these provisions should be construed as prohibiting a Non-Party from seeking

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additional protections.

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(b)

In the event that a Party is required, by a valid discovery request, to

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

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subject to an agreement with the Non-Party not to produce the Non-Party’s

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confidential information, then the Party shall:

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(1)

promptly notify in writing the Requesting Party and the Non-Party

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

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agreement with a Non-Party;

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(2)

promptly provide the Non-Party with a copy of the Stipulated

11

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

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reasonably specific description of the information requested; and

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(3) make the information requested available for inspection by the Non-

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Party, if requested.

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(c)

If the Non-Party fails to seek a protective order from this Court within 14

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days of receiving the notice and accompanying information, the Receiving Party may

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produce the Non-Party’s confidential information responsive to the discovery request.

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If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

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any information in its possession or control that is subject to the confidentiality

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agreement with the Non-Party before a determination by the court. Absent a Court

21

order to the contrary, the Non-Party shall bear the burden and expense of seeking

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protection in this Court of its Protected Material.

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XI.

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35.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has

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disclosed Protected Material to any person or in any circumstance not authorized

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under this Stipulated Protective Order, the Receiving Party must immediately

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(a) notify in writing the Designating Party of the unauthorized disclosures, (b) use its

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best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
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STIPULATED PROTECTIVE ORDER
Case No. 8:15-cv-00336-JVS-JCG

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person or persons to whom unauthorized disclosures were made of all the terms of this

2

Order, and (d) request such person or persons to execute Exhibit A.
XII. INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL

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4

36.

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inadvertently produced material is subject to a claim of privilege or other protection,
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
may be established in an e-discovery order that provides for production without prior
privilege review.
37.

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When a Producing Party gives notice to Receiving Parties that certain

Before any Protected Discovery Material is disclosed at trial or hearing,

the parties may seek further protections against public disclosure from the Court.
XIII. MISCELLANEOUS

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A.

Right to Further Relief

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38.

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Nothing in this Order abridges the right of any person to seek its

modification by the Court in the future.
B.

Right to Assert Other Objections

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39.

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By stipulating to the entry of this Protective Order no Party waives any

right it otherwise would have to object to disclosing or producing any information or
item on any ground not addressed in this Stipulated Protective Order. Similarly, no
Party waives any right to object on any ground to use in evidence of any of the
material covered by this Protective Order.
C.

Filing Protected Material

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40.

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A Party that seeks to file under seal any Protected Material must comply

with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant
to a court order authorizing the sealing of the specific Protected Material at issue. If a
Party's request to file Protected Material under seal is denied by the Court, then the

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Receiving Party may file the information in the public record unless otherwise

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instructed by the Court.

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D.

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Written Notice
41.

For purposes of any written notice requirements under this Order, notice

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by email is sufficient.

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E.

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Privilege Logs
42.

The Parties are not required to identify on their respective privilege logs

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any work product of or communications sent or received by attorneys and support staff

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of Outside Counsel of Record who were at the time providing representation or advice

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pertaining to the subject matter of this Action; provided that this provision applies

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only for the purpose of logging privileged work product of and communications sent

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or received by Outside Counsel of Record, and not for the purpose of logging any

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work product of or communication sent or received by any other person. The parties

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shall exchange their respective privilege logs at a time to be agreed upon by the parties

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following the production of documents. The description of the basis for a privilege

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claim in privilege logs in this matter shall not by itself result in a waiver of privilege or

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attorney work product protection.
XIV. FINAL DISPOSITION

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43.

After the final disposition of this Action, as defined in Section III, within

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

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

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

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

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

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Receiving Party must submit a written certification to the Producing Party (and, if not

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the same person or entity, to the Designating Party) by the 60 day deadline that

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(1) identifies (by category, where appropriate) all the Protected Material that was

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returned or destroyed and (2) affirms that the Receiving Party has not retained any
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Case No. 8:15-cv-00336-JVS-JCG

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

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capturing any of the Protected Material.

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44.

Notwithstanding this provision, Outside Counsel are entitled to retain an

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

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

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

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contain Protected Material, to the extent that such Protected Material may be disclosed

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to such Counsel pursuant to section VIII(B) and (C) above. Any such archival copies

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

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set forth in Section V. Further, Counsel are not required to delete information that

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may reside on their respective firm's electronic back-up systems that are over-written

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in the normal course of business.

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45.

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

measures including, without limitation, contempt proceedings, or monetary sanctions.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: July 22, 2015

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_____________________________________
Honorable Jay C. Gandhi
United States Magistrate Judge

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Case No. 8:15-cv-00336-JVS-JCG

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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 or type

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full address], declare under penalty of perjury that I have read in its entirety and
understand the Stipulated Protective Order that was issued by the United States
District Court for the Central District of California on [_______] in the case of Joseph
Neev. v. Alcon Laboratories, Inc. et al., No. 8:15-cv-336-JVS-JCG (consolidated with
8:15-cv-624-JVS-JCG). I agree to comply with and to be bound by all the terms of
this Stipulated Protective Order and I understand and acknowledge that failure to so
comply could expose me to sanctions and punishment in the nature of contempt. I
solemnly promise that I will not disclose in any manner any information or item that is
subject to this Stipulated Protective Order to any person or entity except in strict
compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court

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for the Central District of California for the purpose of enforcing the terms of this
Stipulated Protective Order, even if such enforcement proceedings occur after
termination of this action. I hereby appoint ___________ [print or type full name] of
_______________ [print or type full address and telephone number] as my California
agent for service of process in connection with this action or any proceedings related
to enforcement of this Stipulated Protective Order.
Date: ____________ City and State where sworn and signed: _______________
Printed name: ____________________________________________________
Signature: _______________________________________________________

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