Uniloc 2017 LLC v. Netflix, Inc.

Filing 80

PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick: re Stipulation for Protective Order 79 . (sbou)

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M. ELIZABETH DAY (SBN 177125)
[e-mail]
DAVID ALBERTI (SBN 220265)
[e-mail]
SAL LIM (SBN 211836)
[e-mail]
MARC BELLOLI (SBN 244290)
[e-mail]
FEINBERG DAY ALBERTI LIM &
BELLOLI LLP
1600 El Camino Real, Suite 280
Menlo Park, CA 94025
Tel: [phone]
Fax: [phone]

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Attorneys for Uniloc 2017 LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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UNILOC 2017 LLC,

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Plaintiff,

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CASE NO. 8:18-cv-02055-JVS-DFM,
consolidated with CASE NOS. 8:18cv-02056, 8:18-cv-02058-JVS-DFM,
8:18-cv-02150-JVS-DFM, 8:19-cv00295-JVS-DFM

v.
NETFLIX, INC., et al

PROTECTIVE ORDER

Defendants.

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[Discovery Document: Referred to
Magistrate Judge Douglas F.
McCormick]

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PROTECTIVE ORDER

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1.

PURPOSE AND LIMITS OF THIS ORDER
Discovery in this action is likely to involve confidential, proprietary, or

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private information requiring special protection from public disclosure and from

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use for any purpose other than this litigation. Thus, the Court enters this Protective

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Order. This Order does not confer blanket protections on all disclosures or

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responses to discovery, and the protection it gives from public disclosure and use

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extends only to the specific material entitled to confidential treatment under the

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applicable legal principles. This Order does not automatically authorize the filing

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under seal of material designated under this Order. Instead, the parties must comply

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with L.R. 79-5.1 if they seek to file anything under seal. This Order does not

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govern the use at trial of material designated under this Order.

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2.

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DESIGNATING PROTECTED MATERIAL
2.1

Over-Designation Prohibited. Any party or non-party who

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designates information or items for protection under this Order as

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“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY,”

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or “HIGHLY CONFIDENTIAL – SOURCE CODE” (a “designator”) must only

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designate specific material that qualifies under the appropriate standards. To the

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extent practicable, only those parts of documents, items, or oral or written

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communications that require protection shall be designated. Designations with a

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higher confidentiality level when a lower level would suffice are prohibited. Mass,

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indiscriminate, or routinized designations are prohibited. Unjustified designations

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expose the designator to sanctions, including the Court’s striking all confidentiality

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designations made by that designator. Designation under this Order is allowed only

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if the designation is necessary to protect material that, if disclosed to persons not

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authorized to view it, would cause competitive or other recognized harm. Material

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may not be designated if it has been made public, or if designation is otherwise

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unnecessary to protect a secrecy interest. If a designator learns that information or

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items that it designated for protection do not qualify for protection at all or do not
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PROTECTIVE ORDER

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qualify for the level of protection initially asserted, that designator must promptly

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notify all parties that it is withdrawing the mistaken designation.

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2.2

Manner and Timing of Designations. Designation under this Order

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requires the designator to affix the applicable legend (“CONFIDENTIAL,”

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“HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY,” or “HIGHLY

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CONFIDENTIAL – SOURCE CODE”) to each page that contains protected

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material. For testimony given in deposition or other proceeding, the designator shall

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specify all protected testimony and the level of protection being asserted. It may

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make that designation during the deposition or proceeding, or within 21 days after

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the deposition or proceeding.

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2.2.1 A party or non-party that makes original documents or materials

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

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inspecting party has identified which material it would like copied and

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produced. During the inspection and before the designation, all material shall

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be treated as HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY.

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After the inspecting party has identified the documents it wants copied and

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produced, the producing party must designate the documents, or portions

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thereof, that qualify for protection under this Order.

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2.2.2 Parties shall give advance notice if they expect a deposition or

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other proceeding to include designated material so that the other parties can

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ensure that only authorized individuals are present at those proceedings when

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such material is disclosed or used. The use of a document as an exhibit at a

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deposition shall not in any way affect its designation. Transcripts containing

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designated material shall have a legend on the title page noting the presence

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of designated material, and the title page shall be followed by a list of all

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pages (including line numbers as appropriate) that have been designated, and

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the level of protection being asserted. The designator shall inform the court

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reporter of these requirements. Any transcript that is prepared before the
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PROTECTIVE ORDER

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expiration of the 21-day period for designation shall be treated during that

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period as if it had been designated HIGHLY CONFIDENTIAL –

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ATTORNEY EYES ONLY unless otherwise agreed. After the expiration of

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the 21-day period, the transcript shall be treated only as actually designated.

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2.3

Inadvertent Failures to Designate. An inadvertent failure to

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designate does not, standing alone, waive protection under this Order. Upon timely

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assertion or correction of a designation, all recipients must make reasonable efforts

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to ensure that the material is treated according to this Order.

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3.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
All challenges to confidentiality designations shall proceed under L.R. 37-1

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through L.R. 37-4.

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4.

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ACCESS TO DESIGNATED MATERIAL
4.1

Basic Principles. A receiving party may use designated material only

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for this litigation. Designated material may be disclosed only to the categories of

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persons and under the conditions described in this Order. Nothing in this Protective

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Order shall prevent or restrict a producing Party’s own disclosure or use of its own

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designated material for any purpose.

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4.2

Disclosure of CONFIDENTIAL Material Without Further

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

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designator, a receiving party may disclose any material designated

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CONFIDENTIAL only to:

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4.2.1 The receiving party’s outside counsel of record in this action and

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employees of outside counsel of record to whom disclosure is reasonably

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necessary;

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4.2.2 The officers, directors, and employees of the receiving party to

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whom disclosure is reasonably necessary, and who have signed the

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Agreement to Be Bound (Exhibit A);

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PROTECTIVE ORDER

4.2.3 Experts retained by the receiving party’s outside counsel of

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record to whom disclosure is reasonably necessary, and who have signed the

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Agreement to Be Bound (Exhibit A);

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4.2.4 The Court and its personnel;

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4.2.5 Outside court reporters and their staff, professional jury or trial

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consultants, and professional vendors to whom disclosure is reasonably

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necessary, and who have signed the Agreement to Be Bound (Exhibit A);

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4.2.6 During their depositions, witnesses in the action to whom

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disclosure is reasonably necessary and who have signed the Agreement to Be

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Bound (Exhibit A); and
4.2.7 The author or recipient of a document containing the material, or

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a custodian or other person who otherwise possessed or knew the

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information.

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4.3

Disclosure of HIGHLY CONFIDENTIAL – ATTORNEY EYES

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ONLY and HIGHLY CONFIDENTIAL – SOURCE CODE Material Without

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Further Approval. Unless permitted in writing by the designator, a receiving party

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may disclose material designated HIGHLY CONFIDENTIAL – ATTORNEY

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EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE without further

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approval only to:

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4.3.1 The receiving party’s outside counsel of record in this action and

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employees of outside counsel of record to whom it is reasonably necessary to

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disclose the information;

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4.3.2 The Court and its personnel;

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4.3.3 Outside court reporters and their staff, professional jury or trial

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consultants, and professional vendors to whom disclosure is reasonably

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necessary, and who have signed the Agreement to Be Bound (Exhibit A); and

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PROTECTIVE ORDER

4.3.4 The author or recipient of a document containing the material, or

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a custodian or other person who otherwise possessed or knew the

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information.

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4.4

Procedures for Approving or Objecting to Disclosure of HIGHLY

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CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY

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CONFIDENTIAL – SOURCE CODE Material to Experts. Unless agreed to in

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writing by the designator:

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4.4.1 A party seeking to disclose to an expert retained by outside

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counsel of record any information or item that has been designated HIGHLY

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CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY

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CONFIDENTIAL – SOURCE CODE must first make a written request to

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the designator that (1) identifies the general categories of HIGHLY

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CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY

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CONFIDENTIAL – SOURCE CODE information that the receiving party

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seeks permission to disclose to the expert, (2) sets forth the full name of the

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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 (which shall identify at least the expert’s

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education history, employement history, all publications, and all granted and

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pending patent applications), (4) identifies the expert’s current employer(s),

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(5) identifies each person or entity from whom the expert has received

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compensation or funding for work in his or her areas of expertise (including

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in connection with litigation) in the past five years, and (6) identifies (by

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name and number of the case, filing date, and location of court) any litigation

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where the expert has offered expert testimony, including by declaration,

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

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

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obligation to a third party, then the expert should provide whatever

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information the expert believes can be disclosed without violating any
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PROTECTIVE ORDER

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confidentiality agreements, and the party seeking to disclose the information

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to the expert shall be available to meet and confer with the designator

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regarding any such confidentiality obligations.

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4.4.2 A party that makes a request and provides the information

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specified in paragraph 4.4.1 may disclose the designated material to the

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identified expert unless, within seven days of delivering the request, the party

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receives a written objection from the designator providing detailed grounds

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for the objection.
4.4.3 All challenges to objections from the designator shall proceed

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under L.R. 37-1 through L.R. 37-4.

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5.

SOURCE CODE
For Protected Material designated HIGHLY CONFIDENTIAL – SOURCE

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CODE, which shall mean documents or information containing or substantively

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relating to confidential, proprietary and/or trade secret source code or technical

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design documentation (“Source Code Material”), the following additional

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restrictions apply:

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5.1 Access to a party’s Source Code Material shall be provided only on a

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“standalone” computer (that is, the computer may not be linked to any network,

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including a local area network, an intranet or the Internet) (“Source Code

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Computer”) that is password protected and maintained in a secure room (“Source

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Code Review Room”). For Defendants Netflix, Hulu, and Roku, the Source Code

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Computer shall be located at the offices of outside counsel: Perkins Coie LLP,

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11452 El Camino Real, Suite 300, San Diego, CA 92130-2080; for Defendant

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ABC, the Source Code Computer shall be located at the offices of outside counsel:

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O’Melveny & Myers LLP, 400 South Hope Street, 18th Floor, Los Angeles, CA

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90071. No recordable media or recordable devices, including without limitation

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sound recorders, computers, cellular telephones, peripheral equipment, cameras,

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PROTECTIVE ORDER

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CDs, DVDs, or drives of any kind, shall be permitted into the Source Code Review

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Room;

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5.2 The Source Code Computer will only be available during normal

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business hours, which for purposes of this paragraph shall be 9:00 a.m. through

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6:00 p.m. on business days (i.e., weekdays that are not federal holidays). Prior to

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the first inspection of any requested Source Code Material, the receiving party shall

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provide twenty-one (21) days’ notice of the Source Code Material that it wishes to

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inspect. The receiving party shall provide three (3) business days notice prior to

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any subsequent inspections. The parties agree to cooperate in good faith such that

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maintaining the producing party’s Source Code Material at the offices of its outside

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counsel shall not unreasonably hinder the receiving party’s ability to efficiently and

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effectively conduct the prosecution or defense of this action;

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5.3 The producing party shall provide the receiving party with information

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explaining how to start, log on to, and operate the Source Code Computer in order

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to access the produced Source Code Material on the Source Code Computer. The

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producing party may visually monitor the activities of the receiving party’s

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representatives during any Source Code Material review, but only to ensure that no

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unauthorized electronic records of the Source Code Material and no information

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concerning the Source Code Material are being created or transmitted in any way;

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5.4 The producing party will produce Source Code Material in computer

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searchable format on the Source Code Computer as described above and will, upon

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request from the receiving party, install freely available software tools on the

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Source Code Computer for purposes of the review (including but not limited to

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software to perform searches of the Source Code Material), if such tools exist and

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are in possession of the producing party at the time the first request to review

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Source Code Material is received;

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5.5 The receiving party may, at its own expense, request that the producing
party install software on the Source Code Computer to perform searches of the
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PROTECTIVE ORDER

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Source Code Material, provided that such other software is necessary for the

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receiving party to perform its review of the Source Code Material consistent with

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all of the protections herein. The receiving party must provide the producing party

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with removable electronic media (e.g., a CD, DVD, or flash memory “stick”)

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containing such software tools at least fourteen (14) days in advance of the date

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upon which the receiving party wishes to have the additional software available for

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use on the Source Code Computer. Timely requests for the installation of such

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search software will not be unreasonably denied so long as the receiving party

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possesses an appropriate license to such software tools, and the requested search

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software is compatible with the operating system, and other software necessary to

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make the Source Code Material available for inspection, installed on the Source

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Code Computer, does not prevent or impede the receiving party's access to the

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Source Code Material produced for inspection on the Source Code Computer, and

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does not side-step any of the security features enabled on the Source Code

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Computer (e.g., enable connection and use of USB thumb drives). The receiving

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party shall not erase, load, install, compile, or otherwise modify any program (or

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request that any other program be erased, loaded, installed, or otherwise modified

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by the producing party) on the Source Code Computer without first submitting a

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written request and obtaining the producing party's agreement to the request;

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5.6 A receiving party may include excerpts of Source Code Material in a

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pleading, exhibit, expert report, discovery document, deposition transcript, or other

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court document, provided that the Source Code Material is appropriately marked

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under this Order, restricted to those who are entitled to have access to them as

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specified herein, and, if filed with the Court, filed under seal in accordance with the

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Court’s rules, procedures and orders;

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5.7 No electronic copies of Source Code Material shall be made without

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prior written consent of the producing party, except as necessary to create

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documents which, pursuant to the Court’s rules, procedures, and orders, must be
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PROTECTIVE ORDER

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filed or served electronically. Images or copies of Source Code Material shall not

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be included in correspondence between the parties (references to production

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numbers shall be used instead). The receiving party shall maintain a log of all such

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electronic copies of any portion of Source Code Material in its possession or in the

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possession of its retained consultants, including the names of the reviewers and/or

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recipients of any such electronic copies, and the locations and manner in which the

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electronic copies are stored. If a party reasonably believes that it needs to submit a

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portion of Source Code Material as part of a filing with the Court, the Party shall

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excerpt the Source Code Material to include only the portions of Source Code

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Material necessary to that filing;

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5.8 The receiving party shall be permitted to request printouts of portions of

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Source Code Material reasonably anticipated by the receiving party to be necessary

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for use in, and preparation for, court filings and proceedings, infringement or

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invalidity contentions, expert reports, and depositions of persons or entities

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permitted access to “HIGHLY CONFIDENTIAL – SOURCE CODE” information

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of the producing party, and such other uses to which the parties may agree or that

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the Court may order. The receiving party shall not request printouts of Source

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Code Material in order to review the Source Code Material elsewhere in the first

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instance, i.e., as an alternative to reviewing that Source Code Material

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electronically on the Source Code Computer, as the parties acknowledge and agree

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that the purpose of the protections herein would be frustrated by printing portions

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of Source Code Material for review and analysis elsewhere, and that printing is

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permitted solely to enable use of Source Code Material in filings, depositions,

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proceedings, contentions, expert reports, and related drafts and correspondence.

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The receiving party’s outside counsel and/or experts shall be entitled to take notes

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relating to the Source Code Material but may not copy the Source Code into the

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notes and may not take such notes electronically on the Source Code Computer

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itself or any other computer in the Source Code Review Room;
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PROTECTIVE ORDER

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5.9 The receiving party may request a reasonable number of printouts of

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Source Code Material and up to two (2) extra photocopy sets of the printed Source

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Code Material, all of which shall be designated and clearly labeled “HIGHLY

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CONFIDENTIAL – SOURCE CODE,” and the receiving party shall maintain a log

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of all such printed or photocopied files, including the names of the reviewers and/or

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recipients of the copies and locations where the paper copies are stored. To request

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printouts of any such portion of Source Code Material, the receiving party shall

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print the portions using the Source Code Computer and provide the printouts to the

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producing party. Upon receiving the printouts from the receiving party, the

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producing party shall have five (5) business days to provide copies of the printouts

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of the requested Source Code Material. The receiving party is not permitted to

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retain printed portions of Source Code Material in the first instance—all paper

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copies of Source Code Material shall be provided by the producing party. Any

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printed portion of Source Code Material that consists of more than twenty (20)

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pages of a continuous block of Source Code Material shall be presumed to be

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excessive. If the producing party objects that the printed portions are not

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reasonably necessary to any case preparation activity, the producing party shall

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make such objection known to the receiving party within seven (7) days of receipt

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of a request for printed portions of Source Code Material. If after meeting and

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conferring, the producing party and the receiving party cannot resolve the objection

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(where such meet and confer need not take place in person), either party may seek

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an order from the Court. Contested source code printouts need not be produced to

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the requesting party until the matter is resolved by the Court. Each page of any

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printed copies of Source Code Material shall be printed on nonwhite, colored paper.

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The producing party shall clearly label each page of any printed copies “HIGHLY

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CONFIDENTIAL – SOURCE CODE” and give each page a unique identification

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number;

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PROTECTIVE ORDER

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5.10 The receiving party shall maintain a record of any individual who has

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inspected any portion of the Source Code Material. Upon two (2) day’s advance

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notice to the receiving party by the producing party, the receiving party shall

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provide a copy of this log to the producing party;

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5.11 All paper copies shall be securely destroyed if they are no longer
necessary in the litigation (e.g., extra copies at the conclusion of a deposition);
5.12 For depositions, outside counsel for the receiving party may bring one

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printed copy of Source Code Material. If a receiving party intends to use source

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code to examine a deposition witness, the receiving party must notify the producing

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party of that intention no later than five (5) business days prior to the deposition.

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At the election of the producing Party, (i) the receiving party may bring up to two

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additional printed copies of the portions of Source Code Material the receiving

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party intends to use to examine the deposition witness, or (ii) the producing party

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will provide a source code computer at the deposition containing all source code, in

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computer searchable format, previously produced by the producing party. Copies

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of Source Code Material that are marked as deposition exhibits shall not be

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provided to the court reporter or attached to deposition transcripts, rather, the

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deposition record will identify the exhibit by its production numbers;

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5.13 For court proceedings, outside counsel for the receiving party may

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bring one printed copy of Source Code Material. If a receiving party intends to use

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source code during a court proceeding, the receiving party must notify the

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producing party of that intention no later than three (3) business days prior to the

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court proceeding. At the election of the producing party, (i) the receiving party

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may bring up to two additional printed copies of the portions of Source Code

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Material the receiving party intends to use at the hearing, or (ii) the producing party

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will provide a source code computer at the court proceeding containing all source

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code, in computer-searchable format, previously produced by the producing party;

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PROTECTIVE ORDER

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5.14 If the receiving party’s outside counsel, consultants, or experts obtain

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printouts or photocopies of Source Code Material, the receiving party shall ensure

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that such outside counsel, consultants, or experts keep the printouts or photocopies

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in a secured locked area in the offices of such outside counsel, consultants, or

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experts at all times when it is not in use. The receiving party shall provide access to

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the printed portions of Source Code Material to no more than a total of five (5)

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individuals (except insofar as such code appears in any court filing or expert

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report); and
5.15 A producing party’s Source Code Material may only be transported by

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the receiving party at the direction of a person authorized under § 4.3 above to

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another person authorized under paragraph § 4.3 above, on paper mailed in a secure

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container with a tracking number and must require a signature by the recipient.

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Copies of any Source Code Material provided to the receiving party shall not be

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mailed without express notice to the producing party. The recipient must maintain

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and store the Source Code Material pursuant to Paragraph § 5.14. Source Code

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Material may not be transported or transmitted electronically over a network of any

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kind, including a local are network, an intranet, or the Internet, except as with

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respect to the transmission of contentions, expert reports, sealed court filings, or

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any other document, which pursuant to the Court’s rules, procedures, or orders

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must be filed or served electronically, and is at all times subject to the transport

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restrictions set forth herein.

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6.

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PROSECUTION BAR
Absent written consent from the designator, any individual representing or

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associated with the Plaintiff who receives access to HIGHLY CONFIDENTIAL –

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ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE

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information shall not be involved in the prosecution of patents or patent

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applications concerning the field of the invention of the patents-in-suit during the

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pendency of this action and for two (2) years after its conclusion, including any
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PROTECTIVE ORDER

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appeals. “Prosecution” means drafting, amending, advising on the content of, or

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otherwise affecting the scope or content of patent claims or specifications. These

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prohibitions shall not preclude counsel from participating in reexamination or inter

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partes review proceedings to challenge or defend the validity of any patent, but

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counsel may not participate in the drafting of any new or amended claims in any

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such proceedings.

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7.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

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PRODUCED IN OTHER LITIGATION

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7.1

Subpoenas and Court Orders. This Order in no way excuses

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noncompliance with a lawful subpoena or court order. The purpose of the duties

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described in this section is to alert the interested parties to the existence of this

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Order and to give the designator an opportunity to protect its confidentiality

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interests in the court where the subpoena or order issued.

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7.2

Notification Requirement. If a party is served with a subpoena or a

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court order issued in other litigation that compels disclosure of any information or

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items designated in this action as CONFIDENTIAL, HIGHLY CONFIDENTIAL –

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ATTORNEY EYES ONLY, or HIGHLY CONFIDENTIAL – SOURCE CODE,

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that party must:
7.2.1 Promptly notify the designator in writing. Such notification shall

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include a copy of the subpoena or court order;
7.2.2 Promptly notify in writing the party who caused the subpoena or

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

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by the subpoena or order is subject to this Order. Such notification shall

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include a copy of this Order; and
7.2.3 Cooperate with all reasonable procedures sought by the

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designator whose material may be affected.

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7.3

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Wait For Resolution of Protective Order. If the designator timely

seeks a protective order, the party served with the subpoena or court order shall not
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PROTECTIVE ORDER

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produce any information designated in this action as CONFIDENTIAL, HIGHLY

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CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL –

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SOURCE CODE before a determination by the court where the subpoena or order

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issued, unless the party has obtained the designator’s permission. The designator

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shall bear the burden and expense of seeking protection of its confidential material

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in that court.

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8.

UNAUTHORIZED DISCLOSURE OF DESIGNATED MATERIAL

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If a receiving party learns that, by inadvertence or otherwise, it has disclosed

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designated material to any person or in any circumstance not authorized under this

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Order, it must immediately (1) notify in writing the designator of the unauthorized

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disclosures, (2) use its best efforts to retrieve all unauthorized copies of the

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designated material, (3) inform the person or persons to whom unauthorized

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disclosures were made of all the terms of this Order, and (4) use reasonable efforts

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to have such person or persons execute the Agreement to Be Bound (Exhibit A).

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9.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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When a producing party gives notice that certain inadvertently produced

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

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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

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an e-discovery order that provides for production without prior privilege review

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pursuant to Federal Rule of Evidence 502(d) and (e).

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10.

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FILING UNDER SEAL
Without written permission from the designator or a Court order, a party may

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not file in the public record in this action any designated material. A party seeking

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to file under seal any designated material must comply with L.R. 79-5.1. Filings

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may be made under seal only pursuant to a court order authorizing the sealing of the

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specific material at issue. The fact that a document has been designated under this
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PROTECTIVE ORDER

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Order is insufficient to justify filing under seal. Instead, parties must explain the

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basis for confidentiality of each document sought to be filed under seal. Because a

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party other than the designator will often be seeking to file designated material,

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cooperation between the parties in preparing, and in reducing the number and extent

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of, requests for under seal filing is essential. If a receiving party’s request to file

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designated material under seal pursuant to L.R. 79-5.1 is denied by the Court, then

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the receiving party may file the material in the public record unless (1) the

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designator seeks reconsideration within four days of the denial, or (2) as otherwise

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instructed by the Court.

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FINAL DISPOSITION
Within 60 days after the final disposition of this action, each party shall

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return all designated material to the designator or destroy such material, including

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

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capturing any designated material. The receiving party must submit a written

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certification to the designator by the 60- day deadline that (1) identifies (by

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category, where appropriate) all the designated material that was returned or

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destroyed, and (2) affirms that the receiving party has not retained any copies,

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

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any of the designated material. This provision shall not prevent counsel from

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retaining an archival copy of all pleadings, motion papers, trial, deposition, and

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

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expert reports, attorney work product, and consultant and expert work product, even

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if such materials contain designated material. Any such archival copies remain

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subject to this Order.

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IT IS SO ORDERED.
DATED: August 5, 2019

______________________________________
Honorable Douglas F. McCormick
United States Magistrate Judge
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PROTECTIVE ORDER

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EXHIBIT A

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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 penalty of perjury

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that I have read in its entirety and understand the Protective Order that was issued

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by the United States District Court for the Central District of California on _______

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[date] in the case of ___________ [insert formal name of the case and the number

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and initials assigned to it by the court]. I agree to comply with and to be bound by

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all the terms of this Protective Order, and I understand and acknowledge that failure

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to so comply could expose me to sanctions and punishment for contempt. I

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solemnly promise that I will not disclose in any manner any information or item

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that is subject to this Protective Order to any person or entity except in strict

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compliance with this Order.

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

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for the Central District of California for the purpose of enforcing this Order, even if

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such enforcement proceedings occur after termination of this action.

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

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_______________________________________ [print or type full address and

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telephone number] as my California agent for service of process in connection with

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this action or any proceedings related to enforcement of this Order.

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Date: ___________________________

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City and State where sworn and signed: _________________________________

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Printed name: ____________________

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[printed name]

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Signature: _______________________

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[signature]

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PROTECTIVE ORDER