Rachel Montanez et al v. Woodside Village Apartments, L.P. et al

Filing 35

STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver. Discovery in this action is likely to involve production of confidential, proprietary or private information for which special protection from public disclosure and from use for a ny purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Order. 34 (SEE ORDER FOR FURTHER DETAILS) (gr)

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03/10/17

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

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RACHEL MONTANEZ, an individual,
12 C.R., a minor by and through her
general guardian, RACHEL
13 MONTANEZ; J.R. a minor by and
through her general guardian, RACHEL
14 MONTANEZ; A.R., a minor by and
through his general guardian, RACHEL
15 MONTANEZ,
Plaintiff,

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vs.

CASE NO. 8:16-cv-01785-DOC-RAO
STIPULATED PROTECTIVE
ORDER
District Judge The Hon. David O.
Carter
Magistrate Judge The Hon. Rozella A.
Oliver
Trial Date:

December 12, 2017

18 WOODSIDE VILLAGE
APARTMENTS, L.P., A California
19 Limited Partnership; SATELLITE
PROPERTY MANAGEMENT
20 COMPANY, INC., A California
Corporation, and DOES 1 through 110
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Defendant.
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1. A. PURPOSE AND LIMITATIONS
Discovery in this action is likely to involve production of confidential, proprietary

25 or private information for which special protection from public disclosure and from use for
26 any purpose other than prosecuting this litigation may be warranted. Accordingly, the
27 parties hereby stipulate to and petition the Court to enter the following Stipulated

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28 Protective Order. The parties acknowledge that this Order does not confer blanket
4841-1974-6117.1

8:16-cv-01785-DOC-RAO
[PROPOSED] STIPULATED PROTECTIVE ORDER

1 protections on all disclosures or responses to discovery and that the protection it affords
2 from public disclosure and use extends only to the limited information or items that are
3 entitled to confidential treatment under the applicable legal principles.
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5

B. GOOD CAUSE STATEMENT
Plaintiffs’ Counsel has sought “personal information” for each and every tenant,

6 both current and prior, that has resided at Woodside Village Apartments, as that term is
7 defined under California Civil Code 1798.1. Woodside’s current and prior tenants are also
8 entitled to privacy under Art. 1 Sec. 1 of the California Constitution and the Fourth
9 Amendment of the U.S. Constitution, which includes the disclosure of their “personal
10 information.” In this case, Plaintiffs’ counsel seeks the addresses and phone numbers of
11 the current and prior tenants at Woodside Village.
12

Disclosure by Satellite Management Company and Woodside Village Apartments,

13 LP of their current and prior tenants personal information may result in an invasion of
14 these individuals’ right to personal privacy, subject Satellite Management and Woodside
15 Village Apartments to civil liability for disclosure of tenants’ personal information and
16 adversely affect business operations by disturbing current Woodside Village residents.
17 However, Plaintiff’s counsel has a right to conduct discovery in a manner commensurate
18 with the amount in controversy and the needs of this case.
19

Accordingly, to expedite the flow of information, to facilitate prompt resolution of

20 disputes over confidentiality of discovery materials, to ensure that parties are permitted
21 reasonably necessary uses of such material in preparation for and in the conduct of trial, to
22 address their handling at the end of litigation, to serve the ends of justice; and to prevent
23 the use of the discovery process from facilitating the California Rules of Professional
24 Conduct’s ban on unsolicited offers for legal services under RPC 1-400, et seq., a
25 Protective Order for such information is justified in this matter.
26

To that end, Satellite Management Company and Woodside Village, LP, subject to

27 adequate notice to third-parties, will produce the mailing addresses for the requested

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28 tenants for a time period of June 1, 2015, to March 8, 2017.
4841-1974-6117.1
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Plaintiffs’ communications with third-parties whose personal information they

2 receive, will be limited strictly to those communications necessary to ascertain whether
3 they have information relevant to this case, such as the identity of the Plaintiffs, the nature
4 of Plaintiffs’ claims and whether they have witnessed or personally experienced identical
5 or similar events at Woodside Village Apartments.
6

Plaintiffs’ counsel will not mention results achieved or amounts received by his

7 current or former clients in similar lawsuits, the prospect of receiving money for initiating
8 or joining in a lawsuit, or otherwise implore, directly or indirectly, any recipient to retain
9 his legal services.
10

Plaintiffs’ counsel will submit his mailing to Defendants’ counsel and co-counsel

11 prior to mailing to the residents for approval. Defendants’ counsel and co-counsel will
12 review and render a response as to the propriety of the correspondence within twenty-four
13 (24) hours of receipt. Defendants’ counsel and co-counsel will not object to the mailing of
14 the letter provided it comports with the guidelines set forth in this Protective Order.
15

This Protective Order is consistent with the Central District’s rulings in Sanders v.

16 Edge Holdings, 2012 U.S. Dist. Lexis 27090 (S.D. Cal. Mar. 1, 2012); Zuniga v. Western
17 Apts., 2014 U.S. Dist. LEXIS 83135 (C.D. Cal. Mar. 25, 2014) Fabiola Villalvazo et al v.
18 Borba Investment Realty, Inc., et al., 8:14-cv-00454-JLS-RNB, ruling of September 10,
19 2014, Document Number 27 and Taide Zepeda et al v. Casa De Portola, LTD et al, 8:1420 cv-00981-JVS-DFM, ruling of March 10, 2015, Document Number 28.
21

It is the intent of the parties that information will not be designated as confidential

22 for tactical reasons and that nothing be so designated without a good faith belief that it has
23 been maintained in a confidential, non-public manner and there is good cause why it
24 should not be part of the public record in this case.
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C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER SEAL.
The parties further acknowledge, as set forth in Section 12.3, below, that this

28 Stipulated Protective Order does not entitle them to file confidential information under
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[PROPOSED] STIPULATED PROTECTIVE ORDER

1 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
2 standards that will be applied when a party seeks permission from the court to file material
3 under seal.
4

There is a strong presumption that the public has a right of access to judicial

5 proceedings and records in civil cases. In connection with non-dispositive motions, good
6 cause must be shown to support a filing under seal. See Kamakana v. City and County of
7 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d
8 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577
9 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), and a
10 specific showing of good cause or compelling reasons with proper evidentiary support and
11 legal justification, must be made with respect to Protected Material that a party seeks to
12 file under seal. The parties’ mere designation of Disclosure or Discovery Material as
13 CONFIDENTIAL does not— without the submission of competent evidence by
14 declaration, establishing that the material sought to be filed under seal qualifies as
15 confidential, privileged, or otherwise protectable—constitute good cause.
16

Further, if a party requests sealing related to a dispositive motion or trial, then

17 compelling reasons, not only good cause, for the sealing must be shown, and the relief
18 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos v.
19 Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of
20 information, document, or thing sought to be filed or introduced under seal in connection
21 with a dispositive motion or trial, the party seeking protection must articulate compelling
22 reasons, supported by specific facts and legal justification, for the requested sealing order.
23 Again, competent evidence supporting the application to file documents under seal must be
24 provided by declaration.
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Any document that is not confidential, privileged, or otherwise protectable in its

26 entirety will not be filed under seal if the confidential portions can be redacted. If
27 documents can be redacted, then a redacted version for public viewing, omitting only the

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28 confidential, privileged, or otherwise protectable portions of the document, shall be filed.
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[PROPOSED] STIPULATED PROTECTIVE ORDER

1 Any application that seeks to file documents under seal in their entirety should include an
2 explanation of why redaction is not feasible.
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2.

DEFINITIONS
2.1 this pending federal lawsuit. Case No. 8:16-cv-01785-DOC-RAO

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2.2 Challenging Party: a Party or Non-Party that challenges the designation of
information or items under this Order
2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it

9 is generated, stored or maintained) or tangible things that qualify for protection under
10 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement.
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2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
support staff).

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

15 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
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2.6 Disclosure or Discovery Material: all items or information, regardless of the

17 medium or manner in which it is generated, stored, or maintained (including, among other
18 things, testimony, transcripts, and tangible things), that are produced or generated in
19 disclosures or responses to discovery in this matter.
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2.7 Expert: a person with specialized knowledge or experience in a matter
pertinent to the litigation who has been retained by a Party or its counsel to serve as an
expert witness or as a consultant in this Action.
2.8 House Counsel: attorneys who are employees of a party to this Action.

25 House Counsel does not include Outside Counsel of Record or any other outside counsel.
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2.9 Non-Party: any natural person, partnership, corporation, association or other
legal entity not named as a Party to this action.
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2.10

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

2 party to this Action but are retained to represent or advise a party to this Action and have
3 appeared in this Action on behalf of that party or are affiliated with a law firm that has
4 appeared on behalf of that party, and includes support staff.
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2.11

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

employees, consultants, retained experts, and Outside Counsel of Record (and their support
staffs).

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2.12

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

10 Discovery Material in this Action.
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2.13

Professional Vendors: persons or entities that provide litigation

12 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
13 demonstrations, and organizing, storing, or retrieving data in any form or medium) and their
14 employees and subcontractors.
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2.14

Protected Material: any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL.”
2.15

Receiving Party: a Party that receives Disclosure or Discovery

19 Material from a Producing Party.
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3. SCOPE
The protections conferred by this Stipulation and Order cover not only Protected

22 Material (as defined above), but also (1) any information copied or extracted from
23 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
24 Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel
25 that might reveal Protected Material. Any use of Protected Material at trial shall be
26 governed by the orders of the trial judge. This Order does not govern the use of Protected
27 Material at trial.

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4. DURATION
Once a case proceeds to trial, information that was designated as CONFIDENTIAL

3 or maintained pursuant to this protective order used or introduced as an exhibit at trial
4 becomes public and will be presumptively available to all members of the public, including
5 the press, unless compelling reasons supported by specific factual findings to proceed
6 otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at
7 1180-81 (distinguishing “good cause” showing for sealing documents produced in
8 discovery from “compelling reasons” standard when merits-related documents are part of
9 court record). Accordingly, the terms of this protective order do not extend beyond the
10 commencement of the trial.
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5. DESIGNATING PROTECTED MATERIAL
5.1

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

13 Party or Non-Party that designates information or items for protection under this Order
14 must take care to limit any such designation to specific material that qualifies under the
15 appropriate standards. The Designating Party must designate for protection only those
16 parts of material, documents, items or oral or written communications that qualify so that
17 other portions of the material, documents, items or communications for which protection is
18 not warranted are not swept unjustifiably within the ambit of this Order. Mass,
19 indiscriminate or routinized designations are prohibited. Designations that are shown to be
20 clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily
21 encumber the case development process or to impose unnecessary expenses and burdens
22 on other parties) may expose the Designating Party to sanctions. If it comes to a
23 Designating Party’s attention that information or items that it designated for protection do
24 not qualify for protection, that Designating Party must promptly notify all other Parties that
25 it is withdrawing the inapplicable designation.
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5.2

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

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

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1 ordered, Disclosure or Discovery Material that qualifies for protection under this Order
2 must be clearly so designated before the material is disclosed or produced.
3

Designation in conformity with this Order requires:

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(a) for information in documentary form (e.g., paper or electronic documents, but

5 excluding transcripts of depositions or other pretrial or trial proceedings), that the
6 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
7 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
8 portion of the material on a page qualifies for protection, the Producing Party also must
9 clearly identify the protected portion(s) (e.g., by making appropriate markings in the
10 margins).
11

A Party or Non-Party that makes original documents available for inspection need

12 not designate them for protection until after the inspecting Party has indicated which
13 documents it would like copied and produced. During the inspection and before the
14 designation, all of the material made available for inspection shall be deemed
15 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
16 copied and produced, the Producing Party must determine which documents, or portions
17 thereof, qualify for protection under this Order. Then, before producing the specified
18 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page
19 that contains Protected Material. If only a portion of the material on a page qualifies for
20 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by
21 making appropriate markings in the margins).
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(b) for testimony given in depositions that the Designating Party identifies the

23 Disclosure or Discovery Material on the record, before the close of the deposition all
24 protected testimony.
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(c) for information produced in some form other than documentary and for any

26 other tangible items, that the Producing Party affix in a prominent place on the exterior of
27 the container or containers in which the information is stored the legend

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1 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection,
2 the Producing Party, to the extent practicable, shall identify the protected portion(s).
3

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure

4 to designate qualified information or items does not, standing alone, waive the Designating
5 Party’s right to secure protection under this Order for such material. Upon timely
6 correction of a designation, the Receiving Party must make reasonable efforts to assure
7 that the material is treated in accordance with the provisions of this Order.
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6. Challenging Confidentiality Designations
6.1

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

11 of confidentiality at any time that is consistent with the Court’s Scheduling Order.
12

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

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resolution process under Local Rule 37-1 et seq.

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6.3

Joint Stipulation. Any challenge submitted to the Court shall be via a joint

15 stipulation pursuant to Local Rule 37-2.
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6.4

The burden of persuasion in any such challenge proceeding shall be on the

17 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to
18 harass or impose unnecessary expenses and burdens on other parties) may expose the
19 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the
20 confidentiality designation, all parties shall continue to afford the material in question the
21 level of protection to which it is entitled under the Producing Party’s designation until the
22 Court rules on the challenge.
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7. ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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described in this Order. When the Action has been terminated, a Receiving Party must
4841-1974-6117.1

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comply with the provisions of section 13 below (FINAL DISPOSITION). Protected

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

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manner that ensures that access is limited to the persons authorized under 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:
a. the Receiving Party’s Outside Counsel of Record in this Action, as

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8 well as employees of said Outside Counsel of Record to whom it is reasonably necessary
9 to disclose the information for this Action
b. the officers, directors, and employees (including House Counsel) of

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11 the Receiving Party to whom disclosure is reasonably necessary for this Action;
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c. Experts (as defined in this Order) of the Receiving Party to whom

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disclosure is reasonably necessary for this Action and who have signed

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the “Acknowledgment and Agreement to Be Bound” (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. professional jury or trial consultants, mock jurors, and Professional

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Vendors to whom disclosure is reasonably necessary for this Action and

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who have signed the “Acknowledgment and Agreement to Be Bound”

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(Exhibit A);

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g. the author or recipient of a document containing the information or a

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custodian or other person who otherwise possessed or knew the

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information;

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deposing party requests that the witness sign the form attached as Exhibit

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Action to whom disclosure is reasonably necessary provided: (1) the

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h. during their depositions, witnesses, and attorneys for witnesses, in the

1 hereto; and (2) they will not be permitted to keep any confidential
information unless they sign the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A), unless otherwise agreed by the Designating Party or

2

ordered by the court. Pages of transcribed deposition testimony or

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exhibits to depositions that reveal Protected Material may be separately

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bound by the court reporter and may not be disclosed to anyone except as

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permitted under this Stipulated Protective Order; and

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i. any mediator or settlement officer, and their supporting personnel,

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mutually agreed upon by any of the parties engaged in settlement

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discussions.

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8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
LITIGATION

12 If a Party is served with a subpoena or a court order issued in other litigation that compels
13 disclosure of any information or items designated in this Action as “CONFIDENTIAL,”
14 that Party must:
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a. promptly notify in writing the Designating Party. Such notification shall include
a copy of the subpoena or court order;
b. promptly notify in writing the party who caused the subpoena or order to issue

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in the other litigation that some or all of the material covered by the subpoena or

19

order is subject to this Protective Order. Such notification shall include a copy of

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this Stipulated Protective Order; and

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c. cooperate with respect to all reasonable procedures sought to be pursued by the
Designating Party whose Protected Material may be affected.

23 If the Designating Party timely seeks a protective order, the Party served with the
24 subpoena or court order shall not produce any information designated in this action as
25 “CONFIDENTIAL” before a determination by the court from which the subpoena or order
26 issued, unless the Party has obtained the Designating Party’s permission. The Designating
27 Party shall bear the burden and expense of seeking protection in that court of its

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28 confidential material and nothing in these provisions should be construed as authorizing or
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[PROPOSED] STIPULATED PROTECTIVE ORDER

1 encouraging a Receiving Party in this Action to disobey a lawful directive from another
2 court.
3

9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

4

PRODUCED IN LITIGATION.

5

a. The terms of this Order are applicable to information produced by a Non-Party

6

in this Action and designated as “CONFIDENTIAL.” Such information

7

produced by Non-Parties in connection with this litigation is protected by the

8

remedies and relief provided by this Order. Nothing in these provisions should

9

be construed as prohibiting a Non-Party from seeking additional protections.

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

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

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

13

information, then the Party shall:

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1. promptly notify in writing the Requesting Party and the

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Non-Party that some or all of the information requested is

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subject to a confidentiality agreement with a Non-Party;

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2. promptly provide the Non-Party with a copy of the

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Stipulated Protective Order in this Action, the relevant

19

discovery request(s), and a reasonably specific description

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of the information requested; and
3. make the information requested available for inspection by

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the Non-Party, if requested.

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request. If the Non-Party timely seeks a protective order, the Receiving Party

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

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receiving the notice and accompanying information, the Receiving Party may

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c. If the Non-Party fails to seek a protective order from this court within 14 days of

shall not produce any information in its possession or control that is subject to

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the confidentiality agreement with the Non-Party before a determination by the
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court. Absent a court order to the contrary, the Non-Party shall bear the burden

2

and expense of seeking protection in this court of its Protected Material.

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4

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

5 Protected Material to any person or in any circumstance not authorized under this
6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the
7 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all
8 unauthorized copies of the Protected Material, (c) inform the person or persons to whom
9 unauthorized disclosures were made of all the terms of this Order, and (d) request such
10 person or persons to execute the “Acknowledgment and
11 Agreement to Be Bound” that is attached hereto as Exhibit A.
12
13

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL

14 When a Producing Party gives notice to Receiving Parties that certain inadvertently
15 produced material is subject to a claim of privilege or other protection, the obligations of
16 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).
17 This provision is not intended to modify whatever procedure may be established in an e18 discovery order that provides for production without prior privilege review. Pursuant to
19 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the
20 effect of disclosure of a communication or information covered by the attorney-client
21 privilege or work product protection, the parties may incorporate their agreement in the
22 stipulated protective order submitted to the court.
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12. MISCELLANEOUS

24

12.1

Right to Further Relief. Nothing in this Order abridges the right of any

25

person to seek its modification by the Court in the future.

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12.2

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

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

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28 or producing any information or item on any ground not addressed in this Stipulated
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[PROPOSED] STIPULATED PROTECTIVE ORDER

1 Protective Order. Similarly, no Party waives any right to object on any ground to use in
2 evidence of any of the material covered by this Protective Order.
3

12.3

Filing Protected Material. A Party that seeks to file under seal any Protected

4 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed
5 under seal pursuant to a court order authorizing the sealing of the specific Protected
6 Material at issue. If a Party’s request to file Protected Material under seal is denied by the
7 court, then the Receiving Party may file the information in the public record unless
8 otherwise instructed by the court.
9

13. FINAL DISPOSITION

10 After the final disposition of this Action, as defined in paragraph 4, within 60
11 days of a written request by the Designating Party, each Receiving Party must return all
12 Protected Material to the Producing Party or destroy such material. As used in this
13 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
14 summaries, and any other format reproducing or capturing any of the Protected Material.
15 Whether the Protected Material is returned or destroyed, the Receiving Party must submit a
16 written certification to the Producing Party (and, if not the same person or entity, to the
17 Designating Party) by the 60 day deadline that (1) identifies (by category, where
18 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that
19 the Receiving Party has not retained any copies, abstracts, compilations, summaries or any
20 other format reproducing or capturing any of the Protected Material. Notwithstanding this
21 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers,
22 trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and
23 trial exhibits, expert reports, attorney work product, and consultant and expert work
24 product, even if such materials contain Protected Material. Any such archival copies that
25 contain or constitute Protected Material remain subject to this Protective Order as set forth
26 in Section 4 (DURATION).
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4841-1974-6117.1

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[PROPOSED] STIPULATED PROTECTIVE ORDER

8:16-cv-01785-DOC-RAO

1

14. VIOLATION

2 Any violation of this Order may be punished by appropriate measures including, without
3 limitation, contempt proceedings and/or monetary sanctions.
4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
5
DATED: March 9, 2017
6
7 /s/ Craig P. Fagan
8

Attorneys for Plaintiff

DATED: March 9, 2017

9
10 /s/ Edward W. Seo

Attorneys for Defendant

11 DATED: March 9, 2017
12
/s/ Patrick Michael Hartnett
13

Attorneys for Defendant

14 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
15
16

DATED: March 10, 2017

17 ___________________________________
18
19
20
21

Rozella A. Oliver
United States Magistrate Judge

22
23
24
25
26
27

LEWI
S

BRISBOI
S
BISGAAR

28
4841-1974-6117.1

15

[PROPOSED] STIPULATED PROTECTIVE ORDER

8:16-cv-01785-DOC-RAO

1
2

EXHIBIT “A”

3

ACKNOWLEDGEMENT & AGREEMENT TO BE BOUND

4
5

I,_____________________________
[print
or
type
full
name],
of
6 ____________________________________________________ [print or type full
7 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
8 District Court for the Central District of California on [date] in the case of
9 _______________________________________________________ [insert formal
name of the case and the number and initials assigned to it by the court]. I agree to
10 comply with and to be bound by all the terms of this Stipulated Protective Order and
11 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
12 not disclose in any manner any information or item that is subject to this Stipulated
13 Protective Order to any person or entity except in strict compliance with the
provisions of this Order.
14
I further agree to submit to the jurisdiction of the United States District Court for the
15 Central District of California for enforcing the terms of this Stipulated Protective
16 Order, even if such enforcement proceedings occur after termination of this action.
17 I hereby appoint __________________________ [print or type full name] of
______________________________________________ [print or type full address
18
and telephone number] as my California agent for service of process in connection
19 with this action or any proceedings related to enforcement of this Stipulated
Protective Order.
20
21 Date: ______________________________________
22 City and State where sworn and signed: _________________________________
23 Printed name: _______________________________
24 Signature: __________________________________
25
26
27

LEWI
S

BRISBOI
S
BISGAAR

28
4841-1974-6117.1

16

[PROPOSED] STIPULATED PROTECTIVE ORDER

8:16-cv-01785-DOC-RAO