Aster Graphics, Inc. v. Static Control Components, Inc.

Filing 51

STIPULATED PROTECTIVE ORDER by Magistrate Judge John D. Early, re 48 . (mba)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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ASTER GRAPHICS, INC.,

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Plaintiff,

Lead Case No. 8:17-cv-01167-DOC-JDE
(consolidated with 8:17-cv-01221-DOC-JDE)

STIPULATED PROTECTIVE ORDER

v.

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STATIC CONTROL COMPONENTS,
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Judge: Honorable John D. Early

Defendant.

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1.

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

A. PURPOSES AND LIMITATIONS

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or private information for which special protection from public disclosure and from use for

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any purpose other than prosecuting this litigation may be warranted. Accordingly, the

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parties hereby stipulate to and petition the Court to enter the following Stipulated

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Protective Order. The parties acknowledge that this Order does not confer blanket

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protections on all disclosures or responses to discovery and that the protection it affords

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from public disclosure and use extends only to the limited information or items that are

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entitled to confidential treatment under the applicable legal principles. The parties further

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acknowledge 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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PROTECTIVE ORDER / LEAD CASE NO. 8:17-CV-01167-DOC-JDE

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

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court to file material under seal.

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B. GOOD CAUSE STATEMENT

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

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

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information for which special protection from public disclosure and from use for any

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purpose other than prosecution of this action is warranted. Such confidential and

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

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or financial information, information regarding confidential business practices, or other

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confidential research, development, or commercial information (including information

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implicating privacy rights of third parties), information otherwise generally unavailable to

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the public, or which may be privileged or otherwise protected from disclosure under state

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or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite

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

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of 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

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

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

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justified in this matter. It is the intent of the parties that information will not be designated

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as confidential for tactical reasons and that nothing be so designated without a good faith

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belief that it has been maintained in a confidential, non-public manner, and there is good

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cause why it should not be part of the public record of this case.

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2.

DEFINITIONS

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2.1

Action: This lawsuit, Case No. 8:17-cv-01167-DOC-JDE, as well as the

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consolidated case, Static Control Components, Inc. v. Aster Graphics, Inc., 8:17-cv-01221-

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DOC-JDE.

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2.2

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

information or items under this Order.
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2.3

“CONFIDENTIAL” Information or Items: information (regardless of how it is

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generated, stored or maintained) or tangible things that qualify for protection under Federal

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Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. To the

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extent a producing Party believes that certain materials qualifying to be designated

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CONFIDENTIAL is so sensitive that its dissemination deserves even further limitation, the

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producing Party may designate such material “HIGHLY CONFIDENTIAL – OUTSIDE

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COUNSEL ONLY.” For avoidance of doubt, HIGHLY CONFIDENTIAL – OUTSIDE

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COUNSEL ONLY information shall mean CONFIDENTIAL Information that constitutes

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(a) commercially or competitively sensitive marketing, financial, sales, research and

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development, or technical data or information; (b) commercially sensitive competitive

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information, including, without limitation, information obtained from a non-party pursuant

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to a current Nondisclosure Agreement (“NDA”); or (c) commercial agreements, license

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agreements, settlement agreements, or settlement communications; and for which the

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disclosure of any such document is likely to cause harm to the competitive position of the

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producing party.

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2.4

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Counsel: Outside Counsel of Record and House Counsel (as well as their

support staff).
2.5

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

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

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

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things, testimony, transcripts, and tangible things), that are produced or generated in

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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

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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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2.8

House Counsel: attorneys who are employees of a party to this Action. 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.
2.10 Outside Counsel of Record: attorneys who are not employees of a party to this

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

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

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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,

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

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staffs).

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2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Material in this Action.

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2.13 Professional Vendors: persons or entities that provide litigation support

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

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

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subcontractors.

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2.14 Protected Material: any Disclosure or Discovery Material that is designated as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from
a Producing Party.

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3.

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

SCOPE

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

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

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

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that might reveal Protected Material.

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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.

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PROTECTIVE ORDER / LEAD CASE NO. 8:17-CV-01167-DOC-JDE

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4.

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Even after final disposition of this litigation, the confidentiality obligations imposed

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by this Order shall remain in effect until a Designating Party agrees otherwise in writing or

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a court order otherwise directs. Final disposition shall be deemed to be the later of (1)

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dismissal of all claims and defenses in this Action, with or without prejudice; and (2) final

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judgment herein after the completion and exhaustion of all appeals, rehearings, remands,

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trials, or reviews of this Action, including the time limits for filing any motions or

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applications for extension of time pursuant to applicable law.

DURATION

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5.

DESIGNATING PROTECTED MATERIAL

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5.1

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

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Party or Non-Party that designates information or items for protection under this Order

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

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appropriate standards. The Designating Party must designate for protection only those parts

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of material, documents, items, or oral or written communications that qualify so that other

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portions of the material, documents, items, or communications for which protection is not

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warranted are not swept unjustifiably within the ambit of this Order.

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

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

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unnecessarily encumber the case development process or to impose unnecessary expenses

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

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If it comes to a Designating Party’s attention that information or items that it

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the inapplicable designation.

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5.2

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

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

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ordered, Disclosure or Discovery Material that qualifies for protection under this Order

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must be clearly so designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:

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(a)

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

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excluding transcripts of depositions or other pretrial or trial proceedings), that the

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Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – OUTSIDE COUNSEL ONLY” (hereinafter “CONFIDENTIAL

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legend”), to each page that contains protected material. If only a portion or portions of the

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

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

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

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not designate them for protection until after the inspecting Party has indicated which

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documents it would like copied and produced. During the inspection and before the

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designation, all of the material made available for inspection shall be deemed “HIGHLY

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CONFIDENTIAL – OUTSIDE COUNSEL ONLY.” After the inspecting Party has

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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 Order.

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Then, before producing the specified documents, the Producing Party must affix the

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“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 Party

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

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the margins).

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(b)

for testimony given in depositions, said deposition or portions thereof shall be

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designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL

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ONLY” subject to the provisions of this Order; such designation shall be made on the

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record whenever possible, but a party may designate portions of depositions

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY”

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after transcription of the proceedings; a party shall have until twenty (20) days after receipt

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of the deposition transcript to inform the other party or parties to this Action of the portions

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of the transcript designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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OUTSIDE COUNSEL ONLY,” and each deposition transcript shall be presumptively

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deemed to be “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY” until the

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twenty-day period as expired. During the deposition, the Designating Party shall have the

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right to exclude from attendance at said deposition, during such time as the Protected

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Material is to be disclosed, any person not authorized to receive such Protected Material

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pursuant to this Order.

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(c)

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

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

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

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If only a portion or portions of the information warrants protection, the Producing Party, to

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the extent practicable, shall identify the protected portion(s).

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5.3

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

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designate qualified information or items does not, standing alone, waive the Designating

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Party’s right to secure protection under this Order for such material. Upon timely

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

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

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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6.1

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

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confidentiality at any time that is consistent with the Court’s Scheduling Order.
6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution

process under Local Rule 37-1 et seq.
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The burden of persuasion in any such challenge proceeding shall be on the

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Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to

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

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Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the

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confidentiality designation, all parties shall continue to afford the material in question the

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level of protection to which it is entitled under the Producing Party’s designation until the

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Court rules on the challenge.
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7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

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

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

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

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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

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comply with the provisions of section 15 below (FINAL DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a location
and in a secure manner that ensures that access is limited to the persons authorized under
this Order.
7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

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

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

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(a)

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

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employees of said Outside Counsel of Record to whom it is reasonably necessary to

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disclose the information for this Action;

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(b)

officers, directors, or employees (including House Counsel) of the Receiving

Party to whom disclosure is reasonably necessary for this Action;
(c)

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

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is reasonably necessary for this Action and who have signed the “Acknowledgment and

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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 Vendors

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to whom disclosure is reasonably necessary for this Action and who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(g)

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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PROTECTIVE ORDER / LEAD CASE NO. 8:17-CV-01167-DOC-JDE

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(h)

during their depositions or trial testimony, any current officer, director,

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employee, agent, or Rule 30(b)(6) designee of the party that produced the Protected

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Material, and any former officer, former director, former employee, former or present

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consultant, or former agent of the party that produced the Protected Material if the

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Receiving Party’s Outside Counsel of Record in this Action reasonably and in good faith

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believes the witness to have received the Protected Material, or to have become familiar

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with its contents, in the ordinary course of business, provided that no copies of Protected

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Material shall be provided to a deponent or trial witness other than for purposes of the

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examination without the written consent of the Designating Party; and

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(i)

any mediator or settlement officer, and their supporting personnel, mutually

agreed upon by any of the parties engaged in settlement discussions.

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7.3

Disclosure of “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL

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

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writing by the Designating Party, a Receiving Party may disclose any information or item

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designated “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY” only to

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individuals listed in paragraphs 7.2(a), (c) – (h).

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8.

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Unless agreed to in writing by the Designating Party:

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(a)

DISCLOSURE TO EXPERTS

A party seeking to disclose to an expert retained by Outside Counsel of

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Record any information or item that has been designated “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY” must first make a written

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request to the designator that (1) identifies the general categories of designated materials

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that the receiving party seeks permission to disclose to the expert, (2) sets forth the full

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name of the expert and the city and state of his or her primary residence, (3) attaches a

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copy of the expert’s current resume, (4) identifies the expert’s current employer(s), (5)

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identifies each person or entity from whom the expert has received compensation or

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funding for work in his or her areas of expertise (including in connection with litigation) in

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the past five years, and (6) identifies (by name and number of the case, filing date, and
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PROTECTIVE ORDER / LEAD CASE NO. 8:17-CV-01167-DOC-JDE

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location of court) any litigation where the expert has offered expert testimony, including by

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declaration, report, or testimony at deposition or trial, in the past five years. If the expert

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believes any of this information in (4) - (6) is subject to a confidentiality obligation to a

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third party, then the expert should provide whatever information the expert believes can be

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disclosed without violating any confidentiality agreements, and the party seeking to

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disclose the information to the expert shall be available to meet and confer with the

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designator regarding any such confidentiality obligations.

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(b)

A party that makes a request and provides the information specified in

paragraph 8(a) may disclose the Protected Material to the identified expert (and his or her

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support staff) unless, within ten (10) days of delivering the request, the party receives a

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written objection from the Designating Party providing detailed grounds for the objection.

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The party seeking to disclose the information to the expert may not do so until such an

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objection is resolved by written consent of the Parties or by Court order.

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(c)

All challenges to objections from the designator shall proceed under L.R. 37-1

through L.R. 37-4.

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9.

PROSECUTION BAR

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Absent written consent from the Producing Party, any individual who receives or

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accesses technical information marked as “HIGHLY CONFIDENTIAL – OUTSIDE

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COUNSEL ONLY” shall not be involved in the prosecution of patents or patent

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applications relating to the printer cartridge design, including without limitation the patents

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asserted in this action and any patent or application claiming priority to or otherwise

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related to the patents asserted in this action, before any foreign or domestic agency,

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including the United States Patent and Trademark Office (“the Patent Office”). For

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purposes of this paragraph, “prosecution” includes directly or indirectly drafting,

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amending, or advising on the drafting or amending of patent claims, including in original

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prosecution, reissue and reexamination, and inter partes review proceedings. This

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Prosecution Bar shall begin when “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL

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ONLY” information is first received by the affected individual or that individual first
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accessed such information and shall end one (1) years after final termination of this action.

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To avoid any ambiguity, representation in reissue and reexamination, and inter partes

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review proceedings is not barred provided counsel is walled off from actual or potential

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claim amendments.

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10.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation that

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compels disclosure of any information or items designated in this Action as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY,”

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that Party must:

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(a)

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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 order is

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

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

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subpoena or court order shall not produce any information designated in this action as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY

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before a determination by the court from which the subpoena or order issued, unless the

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Party has obtained the Designating Party’s permission. The Designating Party shall bear

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the burden and expense of seeking protection in that court of its confidential material and

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nothing in these provisions should be construed as authorizing or encouraging a Receiving

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Party in this Action to disobey a lawful directive from another court.

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11.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

PRODUCED IN THIS LITIGATION

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(a)

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

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

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CONFIDENTIAL – OUTSIDE COUNSEL ONLY.” Such information produced by Non-

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Parties in connection with this litigation is protected by the remedies and relief provided by

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this Order. Nothing in these provisions should be construed as prohibiting a Non-Party

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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 to an

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

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information, then the Party shall:

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(1)

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

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or all of the information requested is subject to a confidentiality agreement with a Non-

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Party;

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(2)

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

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

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description of the information requested; and

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(3)

make the information requested available for inspection by the Non-Party, if

requested.
(c)

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

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

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

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Party timely seeks a protective order, the Receiving Party shall not produce any

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

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the Non-Party before a determination by the court. Absent a court order to the contrary, the

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Non-Party shall bear the burden and expense of seeking protection in this court of its

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Protected Material.
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12.

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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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Protected Material to any person or in any circumstance not authorized under this

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Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the

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

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

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

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person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is

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attached hereto as Exhibit A.

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13.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain inadvertently

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produced material is subject to a claim of privilege or other protection, the obligations of

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the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).

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This provision is not intended to modify whatever procedure may be established in an e-

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discovery order that provides for production without prior privilege review. Pursuant to

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Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the

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effect of disclosure of a communication or information covered by the attorney-client

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privilege or work product protection, the parties may incorporate their agreement in the

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stipulated protective order submitted to the court.

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14.

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

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MISCELLANEOUS

to seek its modification by the Court in the future.
14.2 Right to Assert Other Objections. By stipulating to the entry of this Protective

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

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

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

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evidence of any of the material covered by this Protective Order.
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PROTECTIVE ORDER / LEAD CASE NO. 8:17-CV-01167-DOC-JDE

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

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Material must comply with Civil Local Rule 79-5. Protected Material may only be filed

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under seal pursuant to a court order authorizing the sealing of the specific Protected

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Material at issue. If a Party's request to file Protected Material under seal is denied by the

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court, then the Receiving Party may file the information in the public record unless

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otherwise instructed by the court.

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15.

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After the final disposition of this Action, as defined in paragraph 4, within 60 days

FINAL DISPOSITION

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of a written request by the Designating Party, each Receiving Party must return all

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Protected Material to the Producing Party or destroy such material. As used in this

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subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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summaries, and any other format reproducing or capturing any of the Protected Material.

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Whether the Protected Material is returned or destroyed, the Receiving Party must submit a

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

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Designating Party) by the 60 day deadline that (1) identifies (by category, where

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appropriate) all the Protected Material that was returned or destroyed and (2) affirms that

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

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other format reproducing or capturing any of the Protected Material. Notwithstanding this

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provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers,

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trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and

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trial exhibits, expert reports, attorney work product, and consultant and expert work

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

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

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in Section 4 (DURATION).

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PROTECTIVE ORDER / LEAD CASE NO. 8:17-CV-01167-DOC-JDE

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16.

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

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measures including, without limitation, contempt proceedings and/or monetary

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sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DURIE TANGRI LLP

Dated: November 20, 2017

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By:

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/s/ Adam R. Brausa
ADAM R. BRAUSA
Attorney for
STATIC CONTROL COMPONENTS,
INC.

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Dated: November 20, 2017

THE LITOVSKY LAW FIRM

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By:

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/s/ Allan Z. Litovsky
ALLAN Z. LITOVSKY
Attorney for Plaintiff
ASTER GRAPHICS, INC.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: November 20, 2017

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_________________________________
JOHN D. EARLY
United States Magistrate Judge

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PROTECTIVE ORDER / LEAD CASE NO. 8:17-CV-01167-DOC-JDE

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EXHIBIT A

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UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION

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ASTER GRAPHICS, INC.,

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Plaintiff,
v.

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STATIC CONTROL COMPONENTS,
INC.,

Lead Case No. 8:17-cv-01167-DOC-JDE
Consolidated with Case No. 8:17-cv01221-DOC-JDE

Defendant.

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, ________________________________ [print

or

type full

name],

of

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___________________________________ [print or type full address], declare under

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penalty of perjury that I have read in its entirety and understand the Stipulated Protective

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Order that was issued by the United States District Court for the Central District of

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California on _______[date] in the case of Aster Graphics, Inc. v Static Control

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Components, Inc. v., Lead Case No. 8:17-cv-01167-DOC-JDE. I agree to comply with and

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

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

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

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

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except in strict compliance with the provisions of this Order.

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

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

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PROTECTIVE ORDER / LEAD CASE NO. 8:17-CV-01167-DOC-JDE

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

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action.

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Date: __________________________________

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City and State where sworn and signed: _________________________

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Printed name: ____________________________

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Signature: _______________________________

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PROTECTIVE ORDER / LEAD CASE NO. 8:17-CV-01167-DOC-JDE