Edward E.Hickey v. Advanced Sports, Inc. et al

Filing 17

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jay C. Gandhi re Stipulation and [Proposed] Protective Order 16 . (kh)

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1 2 3 4 5 6 7 8 Keith A. Fink, Bar No. 146841 Sarah E. Hernandez, Bar No. 206305 KEITH A. FINK & ASSOCIATES Attorneys at Law 11500 Olympic Boulevard, Suite 316 Los Angeles, California 90064 Telephone: (310) 268-0780 Facsimile: (310) 268-0790 Attorneys for Defendant ADVANCED SPORTS INC. Michael W. Ayotte, Bar No. 145576 LAW OFFICES OF MICHAEL W. AYOTTE 2629 Manhattan Avenue, Suite 144 Hermosa Beach, California 90254 Telephone: (310) 343-1864 Attorneys for Plaintiff EDWARD E. HICKEY 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 20 21 EDWARD E. HICKEY, an individual, Plaintiff, v. ADVANCED SPORTS, INC., a corporation; KAREN BLISS, an individual; and DOES 1 through 100, inclusive Defendants. Case No. 8:16-cv-01338-JLS-JCG STIPULATION AND PROTECTIVE ORDER Complaint Filed: June 6, 2016 Trial Date: August 8, 2017 22 23 24 25 26 27 Purposes and Limitations. Discovery in this action is likely to involve production of confidential, proprietary, and/or private information for which special protection from public disclosures and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby 28 STIPULATION AND PROTECTIVE ORDER 1 stipulate to and petition the Court to enter the following Stipulated Protective 2 Order. The parties acknowledge that this Order does not confer blanket 3 protections on all disclosures or responses to discovery and that the protection it 4 affords from public disclosure and use extends only to the limited information or 5 items that are entitled to confidential treatment under the applicable legal 6 principles. The parties further acknowledge, as set forth below, that this 7 8 9 Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the 10 11 court to file material under seal. Good Cause Statement. This action is likely to involve trade secrets, 12 13 14 competitively sensitive technical, marketing, financial, sales or other confidential or proprietary business information, private or confidential medical records, 15 personal or personnel information, information received in confidence from third 16 parties, or other information which the producing party otherwise believes in 17 good faith to be entitled to protection under Rule 26(c)(1)(G) of the Federal 18 Rules of Civil Procedure. With respect to the foregoing, special protection from 19 public disclosure and from use for any purpose other than prosecution of this 20 action is warranted. Such confidential and proprietary materials and information 21 consist of, among other things, confidential business or financial information, 22 information regarding confidential business practices, or other confidential 23 research, development, or commercial information (including information 24 implicating privacy rights of third parties), information otherwise generally 25 unavailable to the public, or which may be privileged or otherwise protected from 26 27 disclosure under state or federal statutes, court rules, case decisions, or common law. 28 -2STIPULATION AND PROTECTIVE ORDER Accordingly, to expedite the flow of information, to facilitate the prompt 1 2 resolution of disputes over confidentiality of discovery materials, to adequately 3 protect information the parties are entitled to keep confidential, to ensure that the 4 parties are permitted reasonable necessary uses of such material in preparation 5 for and in the conduct of trial, to address their handling at the end of the 6 litigation, and serve the ends of justice, a protective order for such information is 7 8 9 justified in this matter. It is the intent of the parties that information will not be designated as confidential for tactical reasons and that nothing shall be so designated without a good faith belief that it has been maintained in a 10 11 12 confidential, non-public manner, and there is good cause why it should not be part of the public record of this case. 13 IT IS HEREBY STIPULATED by and between Plaintiff EDWARD A. 14 HICKEY (“Plaintiff”) and Defendant ADVANCED SPORTS, INC., a North 15 Carolina Corporation (“Defendant”), (named in lawsuit as ADVANCED 16 17 18 19 20 21 22 23 24 25 SPORTS INC., a New Jersey Corporation, the previous corporate entity) the parties in the above-captioned litigation (the “Parties”), by and through their respective counsel of record, that in order to facilitate the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights, the Parties stipulate as follows: 1. In this Stipulation and Protective Order, the words set forth below shall have the following meanings: a. 01338-JLS-JCG 26 27 28 “Proceeding” means the above-entitled proceeding, 8:16-cv- b. “Court” means the Hon. Josephine L. Staton, and/or any other Magistrate Judge, District Court judge or judicial officer to -3STIPULATION AND PROTECTIVE ORDER 1 which this Proceeding may be assigned, including Court staff 2 participating in such proceedings. c. 3 “Confidential” means any information which is in the 4 possession of a Designating Party who believes in good faith 5 that such information is entitled to confidential treatment 6 under applicable law. d. 7 “Confidential Materials” means any Documents, Testimony 8 or Information as defined below designated as “Confidential” 9 pursuant to the provisions of this Stipulation and Protective Order. 10 e. 11 “Designating Party” means the party that designates Materials as “Confidential.” 12 f. 13 “Disclose” or “Disclosed” or “Disclosure” means to reveal, 14 divulge, give, or make available Materials, or any part thereof, 15 or any information contained therein. g. 16 “Documents” means (i) any “Writing,” “Original,” and 17 “Duplicate” as those terms are defined within the Federal 18 Rule of Evidence 1001, which have been produced in 19 discovery in this Proceeding by any person, and (ii) any 20 copies, reproductions, or summaries of all or any part of the 21 foregoing. 22 h. “Information” means the content of Documents or Testimony. 23 i. “Testimony” means all depositions, declarations or other testimony taken or used in this Proceeding. 24 25 2. The Designating Party shall have the right to designate as 26 “Confidential” any Documents, Testimony or Information that the 27 Designating Party in good faith believes to contain non-public 28 -4STIPULATION AND PROTECTIVE ORDER 1 information that is entitled to confidential treatment under applicable 2 law. 3 3. The entry of this Stipulation and Protective Order does not alter, waive, 4 modify, or abridge any right, privilege or protection otherwise available 5 to any Party with respect to the discovery of matters, including but not 6 limited to any Party’s right to assert the attorney-client privilege, the 7 attorney work product doctrine, or other privileges, or any Party’s right 8 to contest any such assertion. 9 4. Any Documents, Testimony or Information to be designated as 10 “Confidential” must be clearly so designated before the Document, 11 Testimony or Information is Disclosed or produced. The “Confidential” 12 designation should not obscure or interfere with the legibility of the 13 designated Information. 14 a. For Documents (apart from transcripts of depositions or other 15 pretrial or trial proceedings), the Designating Party must affix the 16 legend “Confidential” on each page of any Document containing 17 such designated Confidential Material. 18 19 20 b. For Testimony given in depositions the Designating Party may either: i. identify on the record, before the close of the 21 deposition, all “Confidential” Testimony, by specifying 22 all portions of the Testimony that qualify as 23 “Confidential;” or 24 ii. designate the entirety of the Testimony at the 25 deposition as “Confidential” (before the deposition is 26 concluded) with the right to identify more specific 27 portions of the Testimony as to which protection is 28 sought within 30 days following receipt of the -5STIPULATION AND PROTECTIVE ORDER 1 deposition transcript. In circumstances where portions 2 of the deposition Testimony are designated for 3 protection, 4 “Confidential” Information may be separately bound by 5 the court reporter, who must affix to the top of each 6 page the legend “Confidential,” as instructed by the 7 Designating Party. the transcript pages containing 8 c. For Information produced in some form other than Documents, 9 and for any other tangible items, including, without limitation, 10 compact discs or DVDs, the Designating Party must affix in a 11 prominent place on the exterior of the container or containers in 12 which 13 “Confidential.” If only portions of the Information or item 14 warrant protection, the Designating Party, to the extent 15 practicable, shall identify the “Confidential” portions. 16 5. the Information or item is stored the legend The inadvertent production by any of the undersigned Parties or non- 17 Parties to the Proceedings of any Document, Testimony or Information 18 during discovery in this Proceeding without a “Confidential” 19 designation, shall be without prejudice to any claim that such item is 20 “Confidential” and such Party shall not be held to have waived any 21 rights by such inadvertent production. In the event that any Document, 22 Testimony or Information that is subject to a “Confidential” designation 23 is inadvertently produced without such designation, the Party that 24 inadvertently produced the document shall give written notice of such 25 inadvertent production within twenty (20) days of discovery of the 26 inadvertent production, together with a further copy of the subject 27 Document, Testimony or Information designated as “Confidential” (the 28 “Inadvertent Production Notice”). Upon receipt of such Inadvertent -6STIPULATION AND PROTECTIVE ORDER 1 Production Notice, the Party that received the inadvertently produced 2 Document, Testimony or Information shall promptly destroy the 3 inadvertently produced Document, Testimony or Information and all 4 copies thereof, or, at the expense of the producing Party, return such 5 together with all copies of such Document, Testimony or Information to 6 counsel for the producing Party and shall retain only the “Confidential” 7 designated Materials. Should the receiving Party choose to destroy such 8 inadvertently produced Document, Testimony or Information, the 9 receiving Party shall notify the producing Party in writing of such 10 destruction within ten (10) days of receipt of written notice of the 11 inadvertent production. This provision is not intended to apply to any 12 inadvertent production of any Information protected by attorney-client 13 or work product privileges. In the event that this provision conflicts 14 with any applicable law regarding waiver of confidentiality through the 15 inadvertent production of Documents, Testimony or Information, such 16 law shall govern. 17 6. In the event that counsel for a Party receiving Documents, Testimony or 18 Information in discovery designated as “Confidential” objects to such 19 designation with respect to any or all of such items, said counsel shall 20 advise counsel for the Designating Party, in writing, of such objections, 21 the specific Documents, Testimony or Information to which each 22 objection pertains, and the specific reasons and support for such 23 objections (the “Designation Objections”). Counsel for the Designating 24 Party shall have thirty (30) days from receipt of the written Designation 25 Objections to either (a) agree in writing to de-designate Documents, 26 Testimony or Information pursuant to any or all of the Designation 27 Objections and/or (b) file a motion with the Court seeking to uphold 28 any or all designations on Documents, Testimony or Information -7STIPULATION AND PROTECTIVE ORDER 1 addressed by the Designation Objections (the “Designation Motion”). 2 Pending a resolution of the Designation Motion by the Court, any and 3 all existing designations on the Documents, Testimony or Information 4 at issue in such Motion shall remain in place. The Designating Party 5 shall have the burden on any Designation Motion of establishing the 6 applicability of its “Confidential” designation. In the event that the 7 Designation Objections are neither timely agreed to nor timely 8 addressed in the Designation Motion, then such Documents, Testimony 9 or Information shall be de-designated in accordance with the Designation Objection applicable to such material. 10 11 12 7. Access to and/or Disclosure of Confidential Materials designated as “Confidential” shall be permitted only to the following persons: 13 a. the Court; 14 b. (1) Attorneys of record in the Proceedings and their affiliated 15 attorneys, paralegals, clerical and secretarial staff employed 16 by such attorneys who are actively involved in the 17 Proceedings and are not employees of any Party. (2) In-house 18 counsel to the undersigned Parties and the paralegal, clerical 19 and secretarial staff employed by such counsel. Provided, 20 however, that each non-lawyer given access to Confidential 21 Materials shall be advised that such Materials are being 22 Disclosed pursuant to, and are subject to, the terms of this 23 Stipulation and Protective Order and that they may not be 24 Disclosed other than pursuant to its terms; 25 c. the Parties and those officers, directors, partners, members, 26 employees, of all non-designating Parties that counsel for 27 such Parties deems necessary to aid counsel in the prosecution 28 and defense of this Proceeding; provided, however, that prior -8STIPULATION AND PROTECTIVE ORDER 1 to the Disclosure of Confidential Materials to any such 2 officer, director, partner, member, employee, counsel for the 3 Party making the Disclosure shall deliver a copy of this 4 Stipulation and Protective Order to such person, shall explain 5 that such person is bound to follow the terms of such Order, 6 and shall secure the signature of such person on a statement in 7 the form attached hereto as Exhibit A; 8 d. court reporters in this Proceeding (whether at depositions, hearings, or any other proceeding); 9 10 11 -Access to and/or Disclosure of Confidential Materials designated as 12 “Confidential” shall be permitted only to the following persons upon their 13 signature on Exhibit A: 14 15 16 e. previously has had access to the Confidential Materials, or 17 who is currently or was previously an officer, director, 18 partner, member, employee of an entity that has had access to 19 the Confidential Materials; 20 21 22 23 24 25 26 27 any deposition, trial or hearing witness in the Proceeding who f. any deposition or non-trial hearing witness in the Proceeding who previously did not have access to the Confidential Materials; provided, however, that each such witness given access to Confidential Materials shall be advised that such Materials are being Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective Order and that they may not be Disclosed other than pursuant to its terms; 28 -9STIPULATION AND PROTECTIVE ORDER g. 1 mock jury participants, provided, however, that prior to the 2 Disclosure of Confidential Materials to any such mock jury 3 participant, counsel for the Party making the Disclosure shall 4 deliver a copy of this Stipulation and Protective Order to each 5 such person, shall explain that such person is bound to follow 6 the terms of such Order, and shall secure the signature of such 7 person on a statement in the form attached hereto as Exhibit 8 A. h. 9 outside experts or expert consultants consulted by the 10 undersigned Parties or their counsel in connection with the 11 Proceeding, whether or not retained to testify at any oral 12 hearing; provided, however, that prior to the Disclosure of 13 Confidential Materials to any such expert or expert consultant, 14 counsel for the Party making the Disclosure shall deliver a 15 copy of this Stipulation and Protective Order to such person, 16 shall explain its terms to such person, and shall secure the 17 signature of such person on a statement in the form attached 18 hereto as Exhibit A. It shall be the obligation of counsel, upon 19 learning of any breach or threatened breach of this Stipulation 20 and Protective Order by any such expert or expert consultant, 21 to promptly notify counsel for the Designating Party of such 22 breach or threatened breach; and i. 23 writing upon advanced notice. 24 25 any other person that the Designating Party agrees to in 8. Confidential Materials shall be used by the persons receiving them only 26 for the purposes of preparing for, conducting, participating in the 27 conduct of, and/or prosecuting and/or defending the Proceeding, and 28 not for any business or other purpose whatsoever. - 10 STIPULATION AND PROTECTIVE ORDER 1 9. Any Party to the Proceeding (or other person subject to the terms of this 2 Stipulation and Protective Order) may ask the Court, after appropriate 3 notice to the other Parties to the Proceeding, to modify or grant relief 4 from any provision of this Stipulation and Protective Order. 5 10. Entering into, agreeing to, and/or complying with the terms of this Stipulation and Protective Order shall not: 6 a. 7 operate as an admission by any person that any particular 8 Document, Testimony or Information marked “Confidential” 9 contains or reflects trade secrets, proprietary, confidential or 10 competitively sensitive business, commercial, financial or 11 personal information; or b. 12 prejudice in any way the right of any Party (or any other 13 person subject to the terms of this Stipulation and Protective 14 Order): 15 i. to seek a determination by the Court of whether any 16 particular Confidential Material should be subject to 17 protection as “Confidential” under the terms of this 18 Stipulation and Protective Order; or ii. 19 to seek relief from the Court on appropriate notice to all 20 other Parties to the Proceeding from any provision(s) of 21 this Stipulation and Protective Order, either generally 22 or as to any particular Document, Material or 23 Information. 24 11. Any Party to the Proceeding who has not executed this Stipulation and 25 Protective Order as of the time it is presented to the Court for signature 26 may thereafter become a Party to this Stipulation and Protective Order 27 by its counsel’s signing and dating a copy thereof and filing the same 28 - 11 STIPULATION AND PROTECTIVE ORDER 1 with the Court, and serving copies of such signed and dated copy upon 2 the other Parties to this Stipulation and Protective Order. 3 12. Any Information that may be produced by a non-Party witness in 4 discovery in the Proceeding pursuant to subpoena or otherwise may be 5 designated by such non-Party as “Confidential” under the terms of this 6 Stipulation and Protective Order, and any such designation by a non- 7 Party shall have the same force and effect, and create the same duties 8 and obligations, as if made by one of the undersigned Parties hereto. 9 Any such designation shall also function as a consent by such 10 producing Party to the authority of the Court in the Proceeding to 11 resolve and conclusively determine any motion or other application 12 made by any person or Party with respect to such designation, or any 13 other matter otherwise arising under this Stipulation and Protective 14 Order. 15 13. If any person subject to this Stipulation and Protective Order who has 16 custody of any Confidential Materials receives a subpoena or other 17 process (“Subpoena”) from any government or other person or entity 18 demanding production of Confidential Materials, the recipient of the 19 Subpoena shall promptly give notice of the same by electronic mail 20 transmission, followed by either express mail or overnight delivery to 21 counsel of record for the Designating Party, and shall furnish such 22 counsel with a copy of the Subpoena. Upon receipt of this notice, the 23 Designating Party may, in its sole discretion and at its own cost, move 24 to quash or limit the Subpoena, otherwise oppose production of the 25 Confidential Materials, and/or seek to obtain confidential treatment of 26 such Confidential Materials from the subpoenaing person or entity to 27 the fullest extent available under law. The recipient of the Subpoena 28 may not produce any Documents, Testimony or Information pursuant to - 12 STIPULATION AND PROTECTIVE ORDER 1 the Subpoena prior to the date specified for production on the 2 Subpoena. 3 14. Nothing in this Stipulation and Protective Order shall be construed to 4 preclude either Party from asserting in good faith that certain 5 Confidential Materials require additional protection. The Parties shall 6 meet and confer to agree upon the terms of such additional protection. 7 15. If, after execution of this Stipulation and Protective Order, any 8 Confidential Materials submitted by a Designating Party under the 9 terms of this Stipulation and Protective Order is Disclosed by a non- 10 Designating Party to any person other than in the manner authorized by 11 this Stipulation and Protective Order, the non-Designating Party 12 responsible for the Disclosure shall bring all pertinent facts relating to 13 the Disclosure of such Confidential Materials to the immediate 14 attention of the Designating Party. 15 16. This Stipulation and Protective Order is entered into without prejudice 16 to the right of any Party to knowingly waive the applicability of this 17 Stipulation and Protective Order to any Confidential Materials 18 designated by that Party. If the Designating Party uses Confidential 19 Materials in a non-Confidential manner, then the Designating Party 20 shall advise that the designation no longer applies. 21 17. Material produced and marked as Attorney’s Eyes Only may be 22 disclosed only to outside counsel for the receiving party and to such 23 other persons as counsel for the producing party agrees in advance or as 24 Ordered by the Court. 25 18. If information which has been designated as Confidential or Attorney’s 26 Eyes Only is included in any papers to be filed with the Court, such 27 papers shall be submitted for filing with the Court along with an 28 application and proposed order to file the papers under seal in - 13 STIPULATION AND PROTECTIVE ORDER 1 compliance with Local Rule 79-5.1. The application, proposed order, 2 and document(s) submitted for filing under seal shall be directed to the 3 judge, pursuant to Local Rule 79-5.1. 4 document, memorandum, or filing is sealable, the submitting party may 5 file non-confidential, redacted versions of the document, memorandum 6 or other filing with the Court. If the application for sealing is denied, 7 the submitting party may re-submit the document in a manner that 8 conforms with the Court’s order and the re-submitted documents are 9 deemed filed as of the date they were originally lodged. 10 19. If only a portion of the “The Parties shall meet and confer regarding the procedures for use of 11 Confidential Materials at trial and shall move the Court for entry of an 12 appropriate order. 13 designation attributed to a document for the purposes of trial or any 14 other purpose prior to obtaining Court approval. 15 20. Neither party may remove the confidential Nothing in this Stipulation and Protective Order shall affect the 16 admissibility into evidence of Confidential Materials, or abridge the 17 rights of any person to seek judicial review or to pursue other 18 appropriate judicial action with respect to any ruling made by the Court 19 concerning the issue of the status of Protected Material. 20 21. This Stipulation and Protective Order shall continue to be binding after 21 the conclusion of this Proceeding and all subsequent proceedings 22 arising from this Proceeding, except that a Party may seek the written 23 permission of the Designating Party or may move the Court for relief 24 from the provisions of this Stipulation and Protective Order. To the 25 extent permitted by law, the Court shall retain jurisdiction to enforce, 26 modify, or reconsider this Stipulation and Protective Order, even after 27 the Proceeding is terminated. 28 - 14 STIPULATION AND PROTECTIVE ORDER 1 22. Upon written request made within thirty (30) days after the settlement 2 or other termination of the Proceeding, the undersigned Parties shall 3 have thirty (30) days to either (a) promptly return to counsel for each 4 Designating Party all Confidential Materials and all copies thereof 5 (except that counsel for each Party may maintain in its files, in 6 continuing compliance with the terms of this Stipulation and Protective 7 Order, all work product, and one copy of each pleading filed with the 8 Court and one copy of each deposition together with the exhibits 9 marked at the deposition), (b) agree with counsel for the Designating 10 Party upon appropriate methods and certification of destruction or other 11 disposition of such Confidential Materials, or (c) as to any Documents, 12 Testimony or other Information not addressed by sub-paragraphs (a) 13 and (b), file a motion seeking a Court order regarding proper 14 preservation of such Materials. To the extent permitted by law the 15 Court shall retain continuing jurisdiction to review and rule upon the 16 motion referred to in sub-paragraph (c) herein. 17 23. After this Stipulation and Protective Order has been signed by counsel 18 for all Parties, it shall be presented to the Court for entry. Counsel agree 19 to be bound by the terms set forth herein with regard to any 20 Confidential Materials that have been produced before the Court signs 21 this Stipulation and Protective Order. 22 24. The Parties and all signatories to the Certification attached hereto as 23 Exhibit A agree to be bound by this Stipulation and Protective Order 24 pending its approval and entry by the Court. In the event that the Court 25 modifies this Stipulation and Protective Order, or in the event that the 26 Court enters a different Protective Order, the Parties agree to be bound 27 by this Stipulation and Protective Order until such time as the Court 28 may enter such a different Order. It is the Parties’ intent to be bound by - 15 STIPULATION AND PROTECTIVE ORDER 1 the terms of this Stipulation and Protective Order pending its entry so as 2 to allow for immediate production of Confidential Materials under the 3 terms herein. 4 25. No information that is in the public domain or which is already known 5 by the receiving party through proper means or which is or becomes 6 available to a party from a source other than the party asserting 7 confidentiality, rightfully in possession of such information on a non- 8 confidential basis, shall be deemed or considered to be Confidential 9 material under this Stipulation and Protective Order. 10 11 -CONTINUED ON NEXT PAGE- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 16 STIPULATION AND PROTECTIVE ORDER 1 This Stipulation and Protective Order may be executed in counterparts. 2 3 DATED this 3rd day of KEITH A. FINK & ASSOCIATES February, 2017. BY:_/s/ Sarah E.Hernandez______ Keith A. Fink Sarah E. Hernandez Attorneys for Defendant ADVANCED SPORTS INC. DATED this 1st day of LAW OFFICES OF MICHAEL W. AYOTTE /s/ Michael W. Ayotte BY:_____________________________ Michael W. Ayotte Attorneys for Plaintiff EDWARD E. HICKEY 4 5 6 7 8 9 10 11 February, 2017. 12 13 14 15 16 17 18 19 20 ORDER GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective Order. 21 22 IT IS SO ORDERED. 23 24 Dated: February 07, 2017 25 26 27 28 JAY C. GANDHI UNITED STATES MAGISTRATE JUDGE - 17 STIPULATION AND PROTECTIVE ORDER 1 EXHIBIT A AGREEMENT TO BE BOUND BY PROTECTIVE ORDER 2 3 I, _____________________________, declare that: 4 I am currently employed by __________________ located at 5 ______________________and my current job title is __________________. My 6 personal residence is located at_______________________________________. 7 I have read and believe I understand the terms of the Protective Order filed in 8 9 10 EDWARD E. HICKEY v. ADVANCED SPORTS INC ET AL, in the United States District Court-Central District of California, Case No. 8:16-cv-01338-JLSJCG. I agree to comply with and be bound by the provisions of the Protective 11 12 13 14 15 Order. I understand that any violation of the Protective Order may subject me to sanctions by the Court, civil liability, criminal liability, or any combination of the above. I submit myself to the jurisdiction of the Superior Court of the State of California for the County of Orange for the purpose of enforcing or otherwise 16 providing relief relating to the Protective Order. I agree to abide by the terms set 17 forth as follows: 18 I have been designated in accordance with Paragraphs 7(c), (g) or (h) of 19 the Protective Order to receive information designated as “CONFIDENTIAL.” I 20 shall not divulge any materials, or copies of materials, which are designated 21 “CONFIDENTIAL” obtained in accordance with the Protective Order, or the 22 contents of such materials, to any person other than those specifically authorized 23 by the Protective Order. I shall not copy or use such materials except for the 24 purposes of this Litigation and in accordance with the terms of the Protective 25 Order. As soon as is practical, but no later than thirty (30) days after final 26 termination of this litigation, I shall return any materials in my possession 27 designated “CONFIDENTIAL” to the attorney from whom I received such 28 - 18 STIPULATION AND PROTECTIVE ORDER 1 materials. I shall also return to that attorney, at that time, all copies, excerpts, 2 summaries, notes, digests, abstracts, and indices relating to such materials. 3 4 5 I declare under penalty of perjury under the laws of the State of California and the United States that the foregoing is true and correct. 6 7 8 Dated:____________________ Signature: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 19 STIPULATION AND PROTECTIVE ORDER

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