Harland Clarke Corp. v. Pacific Premier Bank

Filing 22

PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth re Stipulation for Protective Order 21 . (see document for details) (hr)

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1 Jed P. White, State Bar No. 232339 jed.white@bclplaw.com 2 BRYAN CAVE LEIGHTON PAISNER LLP 3 120 Broadway, Suite 300 Santa Monica, California 90401-2386 4 Telephone: (310) 576-2100 Facsimile: (310) 576-2200 5 6 Attorneys for Plaintiff Harland Clarke Corp. 7 8 UNITED STATES DISTRICT COURT Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 12 HARLAND CLARKE CORP., 13 14 15 16 Plaintiff, Case No.: SA CV 20-01175DOC(ADSx) [Discovery Document: Referred to Magistrate Judge Autumn D. Spaeth]. v. PACIFIC PREMIER BANK, Defendant. STIPULATED PROTECTIVE ORDER 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER 1 I. 2 PURPOSES AND LIMITATIONS A. Discovery in this action is likely to involve production of confidential, 3 4 proprietary, or private information for which special protection from public 5 disclosure and from use for any purpose other than prosecuting this litigation 6 may be warranted. Accordingly, the parties hereby stipulate to and petition 7 the Court to enter the following Stipulated Protective Order. The parties 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 acknowledge that this Order does not confer blanket protections on all 10 disclosures or responses to discovery and that the protection it affords from 11 12 public disclosure and use extends only to the limited information or items that 13 are entitled to confidential treatment under the applicable legal principles. 14 The parties further acknowledge, as set forth in Section XIII(C), below, that 15 16 this Stipulated Protective Order does not entitle them to file confidential 17 information under seal; Civil Local Rule 79-5 sets forth the procedures that 18 19 must be followed and the standards that will be applied when a party seeks 20 permission from the Court to file material under seal. 21 II. GOOD CAUSE STATEMENT 22 23 A. This action is likely to involve private customer information, pricing 24 lists and other valuable commercial, financial and/or proprietary information 25 for which special protection from public disclosure and from use for any 26 27 28 purpose other than prosecution of this action is warranted. Such confidential and proprietary materials and information consist of, among other things, -1- STIPULATED PROTECTIVE ORDER 1 2 confidential business or financial information, information regarding confidential business practices, or other confidential commercial information 3 4 (including information implicating privacy rights of third parties), information 5 otherwise generally unavailable to the public, or which may be privileged or 6 otherwise protected from disclosure under state or federal statutes, court rules, 7 case decisions, or common law. Accordingly, to expedite the flow of 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 information, to facilitate the prompt resolution of disputes over confidentiality 10 11 of discovery materials, to adequately protect information the parties are 12 entitled to keep confidential, to ensure that the parties are permitted 13 reasonable necessary uses of such material in preparation for and in the 14 15 conduct of trial, to address their handling at the end of the litigation, and serve 16 the ends of justice, a protective order for such information is justified in this 17 matter. It is the intent of the parties that information will not be designated as 18 19 confidential for tactical reasons and that nothing be so designated without a 20 good faith belief that it has been maintained in a confidential, non-public 21 manner, and there is good cause why it should not be part of the public record 22 23 of this case. 24 III. DEFINITIONS 25 A. Action: This pending federal law suit. B. Challenging Party: A Party or Non-Party that challenges the 26 27 28 designation of information or items under this Order. -2- STIPULATED PROTECTIVE ORDER 1 2 C. “CONFIDENTIAL” Information or Items: Information (regardless of how it is generated, stored or maintained) or tangible things that qualify for 3 4 protection under Federal Rule of Civil Procedure 26(c), and as specified 5 above in the Good Cause Statement. 6 D. Counsel: Outside Counsel of Record and House Counsel (as well as 7 their support staff). 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 E. 10 11 Designating Party: A Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as 12 “CONFIDENTIAL.” 13 F. 14 15 Disclosure or Discovery Material: All items or information, regardless of the medium or manner in which it is generated, stored, or maintained 16 (including, among other things, testimony, transcripts, and tangible things), 17 that are produced or generated in disclosures or responses to discovery in this 18 19 matter. 20 G. Expert: A person with specialized knowledge or experience in a matter 21 pertinent to the litigation who has been retained by a Party or its counsel to 22 23 serve as an expert witness or as a consultant in this Action. 24 H. House Counsel: Attorneys who are employees of a party to this Action. 25 House Counsel does not include Outside Counsel of Record or any other 26 27 outside counsel. 28 -3- STIPULATED PROTECTIVE ORDER 1 2 I. Non-Party: Any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 3 4 J. 5 party to this Action but are retained to represent or advise a party to this 6 Outside Counsel of Record: Attorneys who are not employees of a Action and have appeared in this Action on behalf of that party or are 7 affiliated with a law firm which has appeared on behalf of that party, and 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 includes support staff. 10 11 K. Party: Any party to this Action, including all of its officers, directors, 12 employees, consultants, retained experts, and Outside Counsel of Record (and 13 their support staffs). 14 15 L. Producing Party: A Party or Non-Party that produces Disclosure or 16 Discovery Material in this Action. 17 M. Professional Vendors: Persons or entities that provide litigation 18 19 support services (e.g., photocopying, videotaping, translating, preparing 20 exhibits or demonstrations, and organizing, storing, or retrieving data in any 21 form or medium) and their employees and subcontractors. 22 23 N. Protected Material: Any Disclosure or Discovery Material that is 24 designated as “CONFIDENTIAL.” 25 O. Receiving Party: A Party that receives Disclosure or Discovery 26 27 Material from a Producing Party. 28 -4- STIPULATED PROTECTIVE ORDER 1 IV. 2 SCOPE A. The protections conferred by this Stipulation and Order cover not only 3 4 Protected Material (as defined above), but also (1) any information copied or 5 extracted from Protected Material; (2) all copies, excerpts, summaries, or 6 compilations of Protected Material; and (3) any testimony, conversations, or 7 presentations by Parties or their Counsel that might reveal Protected Material. 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 B. 10 11 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 12 trial. 13 V. 14 15 DURATION A. Even after final disposition of this litigation, the confidentiality 16 obligations imposed by this Order shall remain in effect until a Designating 17 Party agrees otherwise in writing or a court order otherwise directs. Final 18 19 disposition shall be deemed to be the later of (1) dismissal of all claims and 20 defenses in this Action, with or without prejudice; and (2) final judgment 21 herein after the completion and exhaustion of all appeals, rehearings, 22 23 remands, trials, or reviews of this Action, including the time limits for filing 24 any motions or applications for extension of time pursuant to applicable law. 25 VI. 26 DESIGNATING PROTECTED MATERIAL 27 28 A. Exercise of Restraint and Care in Designating Material for Protection 1. Each Party or Non-Party that designates information or items for -5- STIPULATED PROTECTIVE ORDER 1 protection under this Order must take care to limit any such designation 2 to specific material that qualifies under the appropriate standards. The 3 4 Designating Party must designate for protection only those parts of 5 material, documents, items, or oral or written communications that 6 qualify so that other portions of the material, documents, items, or 7 communications for which protection is not warranted are not swept 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 unjustifiably within the ambit of this Order. 10 2. 11 Mass, indiscriminate, or routinized designations are prohibited. 12 Designations that are shown to be clearly unjustified or that have been 13 made for an improper purpose (e.g., to unnecessarily encumber the case 14 development process or to impose unnecessary expenses and burdens 15 16 on other parties) may expose the Designating Party to sanctions. 17 3. If it comes to a Designating Party’s attention that information or 18 items that it designated for protection do not qualify for protection, that 19 20 Designating Party must promptly notify all other Parties that it is 21 withdrawing the inapplicable designation. 22 23 B. Manner and Timing of Designations 24 1. Except as otherwise provided in this Order (see, e.g., Section 25 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or 26 27 28 Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. -6- STIPULATED PROTECTIVE ORDER 1 2 2. Designation in conformity with this Order requires the following: a. For information in documentary form (e.g., paper or 3 4 electronic documents, but excluding transcripts of depositions or 5 other pretrial or trial proceedings), that the Producing Party affix 6 at a minimum, the legend “CONFIDENTIAL” (hereinafter 7 “CONFIDENTIAL legend”), to each page that contains 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 protected material. If only a portion or portions of the material 10 11 on a page qualifies for protection, the Producing Party also must 12 clearly identify the protected portion(s) (e.g., by making 13 appropriate markings in the margins). 14 15 b. A Party or Non-Party that makes original documents 16 available for inspection need not designate them for protection 17 until after the inspecting Party has indicated which documents it 18 19 would like copied and produced. During the inspection and 20 before the designation, all of the material made available for 21 inspection shall be deemed “CONFIDENTIAL.” After the 22 23 inspecting Party has identified the documents it wants copied and 24 produced, the Producing Party must determine which documents, 25 or portions thereof, qualify for protection under this Order. 26 27 28 Then, before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page -7- STIPULATED PROTECTIVE ORDER 1 that contains Protected Material. If only a portion or portions of 2 the material on a page qualifies for protection, the Producing 3 4 Party also must clearly identify the protected portion(s) (e.g., by 5 making appropriate markings in the margins). 6 c. For testimony given in depositions, that the Designating 7 Party identify the Disclosure or Discovery Material on the 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 record, before the close of the deposition all protected testimony. 10 d. 11 For information produced in form other than document 12 and for any other tangible items, that the Producing Party affix in 13 a prominent place on the exterior of the container or containers 14 in which the information is stored the legend 15 16 “CONFIDENTIAL.” If only a portion or portions of the 17 information warrants protection, the Producing Party, to the 18 extent practicable, shall identify the protected portion(s). 19 20 21 C. Inadvertent Failure to Designate 1. If timely corrected, an inadvertent failure to designate qualified 22 23 information or items does not, standing alone, waive the Designating 24 Party’s right to secure protection under this Order for such material. 25 Upon timely correction of a designation, the Receiving Party must 26 27 28 make reasonable efforts to assure that the material is treated in accordance with the provisions of this Order. -8- STIPULATED PROTECTIVE ORDER 1 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 A. Timing of Challenges 3 4 1. 5 confidentiality at any time that is consistent with the Court’s 6 Any party or Non-Party may challenge a designation of Scheduling Order. 7 8 B. Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 9 Meet and Confer 1. 10 The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 11 12 C. 13 the Designating Party. Frivolous challenges, and those made for an improper 14 15 The burden of persuasion in any such challenge proceeding shall be on purpose (e.g., to harass or impose unnecessary expenses and burdens on other 16 parties) may expose the Challenging Party to sanctions. Unless the 17 Designating Party has waived or withdrawn the confidentiality designation, 18 19 all parties shall continue to afford the material in question the level of 20 protection to which it is entitled under the Producing Party’s designation until 21 the Court rules on the challenge. 22 23 24 25 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL A. Basic Principles 1. A Receiving Party may use Protected Material that is disclosed 26 27 28 or produced by another Party or by a Non-Party in connection with this Action only for prosecuting, defending, or attempting to settle this -9- STIPULATED PROTECTIVE ORDER 1 Action. Such Protected Material may be disclosed only to the 2 categories of persons and under the conditions described in this Order. 3 4 When the Action has been terminated, a Receiving Party must comply 5 with the provisions of Section XIV below. 6 2. Protected Material must be stored and maintained by a Receiving 7 Party at a location and in a secure manner that ensures that access is 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 limited to the persons authorized under this Order. 10 11 B. Disclosure of “CONFIDENTIAL” Information or Items 12 1. 13 the Designating Party, a Receiving Party may disclose any information 14 15 Unless otherwise ordered by the Court or permitted in writing by or item designated “CONFIDENTIAL” only to: 16 a. The Receiving Party’s Outside Counsel of Record in this 17 Action, as well as employees of said Outside Counsel of Record 18 19 to whom it is reasonably necessary to disclose the information 20 for this Action; 21 b. The officers, directors, and employees (including House 22 23 Counsel) of the Receiving Party to whom disclosure is 24 reasonably necessary for this Action; 25 c. Experts (as defined in this Order) of the Receiving Party to 26 27 28 whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” -10- STIPULATED PROTECTIVE ORDER 1 2 (Exhibit A); d. The Court and its personnel; 4 e. Court reporters and their staff; 5 f. Professional jury or trial consultants, mock jurors, and 3 6 Professional Vendors to whom disclosure is reasonably 7 necessary or this Action and who have signed the 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 “Acknowledgment and Agreement to be Bound” attached as 10 11 Exhibit A hereto; 12 g. 13 information or a custodian or other person who otherwise 14 15 The author or recipient of a document containing the possessed or knew the information; 16 h. During their depositions, witnesses, and attorneys for 17 witnesses, in the Action to whom disclosure is reasonably 18 19 necessary provided: (i) the deposing party requests that the 20 witness sign the “Acknowledgment and Agreement to Be 21 Bound;” and (ii) they will not be permitted to keep any 22 23 confidential information unless they sign the “Acknowledgment 24 and Agreement to Be Bound,” unless otherwise agreed by the 25 Designating Party or ordered by the Court. Pages of transcribed 26 27 28 deposition testimony or exhibits to depositions that reveal Protected Material may be separately bound by the court reporter -11- STIPULATED PROTECTIVE ORDER 1 and may not be disclosed to anyone except as permitted under 2 this Stipulated Protective Order; and 3 4 i. 5 personnel, mutually agreed upon by any of the parties engaged in 6 Any mediator or settlement officer, and their supporting settlement discussions. 7 PROTECTED MATERIAL SUBPOENAED OR ORDERED 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 IX. PRODUCED IN OTHER LITIGATION 10 11 A. If a Party is served with a subpoena or a court order issued in other 12 litigation that compels disclosure of any information or items designated in 13 this Action as “CONFIDENTIAL,” that Party must: 14 15 1. Promptly notify in writing the Designating Party. Such 16 notification shall include a copy of the subpoena or court order; 17 2. Promptly notify in writing the party who caused the subpoena or 18 19 order to issue in the other litigation that some or all of the material 20 covered by the subpoena or order is subject to this Protective Order. 21 Such notification shall include a copy of this Stipulated Protective 22 23 Order; and 24 3. Cooperate with respect to all reasonable procedures sought to be 25 pursued by the Designating Party whose Protected Material may be 26 27 affected. 28 -12- STIPULATED PROTECTIVE ORDER 1 2 B. If the Designating Party timely seeks a protective order, the Party served with the subpoena or court order shall not produce any information 3 4 designated in this action as “CONFIDENTIAL” before a determination by the 5 Court from which the subpoena or order issued, unless the Party has obtained 6 the Designating Party’s permission. The Designating Party shall bear the 7 burden and expense of seeking protection in that court of its confidential 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 material and nothing in these provisions should be construed as authorizing or 10 11 encouraging a Receiving Party in this Action to disobey a lawful directive 12 from another court. 13 X. 14 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 15 PRODUCED IN THIS LITIGATION 16 A. The terms of this Order are applicable to information produced by a 17 Non-Party in this Action and designated as “CONFIDENTIAL.” Such 18 19 information produced by Non-Parties in connection with this litigation is 20 protected by the remedies and relief provided by this Order. Nothing in these 21 provisions should be construed as prohibiting a Non-Party from seeking 22 23 additional protections. 24 B. In the event that a Party is required, by a valid discovery request, to 25 produce a Non-Party’s confidential information in its possession, and the 26 27 28 Party is subject to an agreement with the Non-Party not to produce the NonParty’s confidential information, then the Party shall: -13- STIPULATED PROTECTIVE ORDER 1 1. 2 Promptly notify in writing the Requesting Party and the Non- Party that some or all of the information requested is subject to a 3 4 confidentiality agreement with a Non-Party; 5 2. 6 Promptly provide the Non-Party with a copy of the Stipulated Protective Order in this Action, the relevant discovery request(s), and a 7 reasonably specific description of the information requested; and 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 3. 10 Make the information requested available for inspection by the Non-Party, if requested. 11 12 C. 13 14 days of receiving the notice and accompanying information, the Receiving 14 15 If the Non-Party fails to seek a protective order from this court within Party may produce the Non-Party’s confidential information responsive to the 16 discovery request. If the Non-Party timely seeks a protective order, the 17 Receiving Party shall not produce any information in its possession or control 18 19 that is subject to the confidentiality agreement with the Non-Party before a 20 determination by the court. Absent a court order to the contrary, the Non- 21 Party shall bear the burden and expense of seeking protection in this court of 22 23 its Protected Material. 24 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 26 27 28 disclosed Protected Material to any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving Party must -14- STIPULATED PROTECTIVE ORDER 1 2 immediately (1) notify in writing the Designating Party of the unauthorized disclosures, (2) use its best efforts to retrieve all unauthorized copies of the 3 4 Protected Material, (3) inform the person or persons to whom unauthorized 5 disclosures were made of all the terms of this Order, and (4) request such 6 person or persons to execute the “Acknowledgment and Agreement to be 7 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 Bound” that is attached hereto as Exhibit A. 9 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 10 PROTECTED MATERIAL 11 A. When a Producing Party gives notice to Receiving Parties that certain 12 13 14 15 inadvertently produced material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are those set forth in 16 Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended 17 to modify whatever procedure may be established in an e-discovery order that 18 19 provides for production without prior privilege review. Pursuant to Federal 20 Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on 21 the effect of disclosure of a communication or information covered by the 22 23 attorney-client privilege or work product protection, the parties may 24 incorporate their agreement in the Stipulated Protective Order submitted to 25 the Court. 26 27 28 -15- STIPULATED PROTECTIVE ORDER 1 XIII. MISCELLANEOUS 2 A. Right to Further Relief 3 4 1. 5 modification by the Court in the future. 6 B. Nothing in this Order abridges the right of any person to seek its Right to Assert Other Objections 7 1. 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 waives any right it otherwise would have to object to disclosing or 10 By stipulating to the entry of this Protective Order, no Party producing any information or item on any ground not addressed in this 11 12 Stipulated Protective Order. Similarly, no Party waives any right to 13 object on any ground to use in evidence of any of the material covered 14 by this Protective Order. 15 16 C. 17 Filing Protected Material 1. A Party that seeks to file under seal any Protected Material must 18 comply with Civil Local Rule 79-5. Protected Material may only be 19 20 filed under seal pursuant to a court order authorizing the sealing of the 21 specific Protected Material at issue. If a Party's request to file 22 Protected Material under seal is denied by the Court, then the 23 24 Receiving Party may file the information in the public record unless 25 otherwise instructed by the Court. 26 27 28 XIV. FINAL DISPOSITION A. After the final disposition of this Action, as defined in Section V, -16- STIPULATED PROTECTIVE ORDER 1 2 within sixty (60) days of a written request by the Designating Party, each Receiving Party must return all Protected Material to the Producing Party or 3 4 destroy such material. As used in this subdivision, “all Protected Material” 5 includes all copies, abstracts, compilations, summaries, and any other format 6 reproducing or capturing any of the Protected Material. Whether the 7 Protected Material is returned or destroyed, the Receiving Party must submit 9 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 a written certification to the Producing Party (and, if not the same person or 10 11 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 12 category, where appropriate) all the Protected Material that was returned or 13 destroyed and (2) affirms that the Receiving Party has not retained any copies, 14 15 abstracts, compilations, summaries or any other format reproducing or 16 capturing any of the Protected Material. Notwithstanding this provision, 17 Counsel are entitled to retain an archival copy of all pleadings, motion papers, 18 19 trial, deposition, and hearing transcripts, legal memoranda, correspondence, 20 deposition and trial exhibits, expert reports, attorney work product, and 21 consultant and expert work product, even if such materials contain Protected 22 23 24 Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section V. 25 / / / 26 /// 27 28 / / / -17- STIPULATED PROTECTIVE ORDER 1 2 B. Any violation of this Order may be punished by any and all appropriate measures including, without limitation, contempt proceedings and/or 3 4 monetary sanctions. 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 Dated: October 13, 2020 Respectfully submitted, 7 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 8 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 9 By: 10 11 12 /s/ Aaron J. Malo Aaron J. Malo Attorney for Defendant and Counterclaimant Pacific Premier Bank Pursuant to Local Rule 5-4.3.4(a)(2)(i), the filer, Jed P. White, attests that all 13 other signatories listed, and on whose behalf the filing is submitted, concur in the 14 filing’s content and have authorized the filing. 15 Dated: October 13, 2020 16 Respectfully submitted, BRYAN CAVE LEIGHTON PAISNER LLP 17 By: 18 19 /s/ Jed P. White Jed P. White Attorneys for Plaintiff/Counter-defendant Harland Clarke Corp. 20 21 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 23 Dated: 24 October 15, 2020 /s/ Autumn D. Spaeth HONORABLE AUTUMN D. SPAETH United States Magistrate Judge 25 26 27 28 -18- STIPULATED PROTECTIVE ORDER 1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 I, 4 5 6 [print or type full name], of [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issue by 7 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 8 the United States District Court for the Central District of California on 9 __________[DATE] in the case of Harland Clarke Corp. v. Pacific Premier Bank, 10 case no. SA CV 20-01175-DOC(ADSx). I agree to comply with and to be bound by 11 12 all the terms of this Stipulated Protective Order and I understand and acknowledge 13 that failure to so comply could expose me to sanctions and punishment in the nature 14 of contempt. I solemnly promise that I will not disclose in any manner any 15 16 information or item that is subject to this Stipulated Protective Order to any person 17 or entity except in strict compliance with the provisions of this Order. 18 I further agree to submit to the jurisdiction of the United States District Court 19 20 for the Central District of California for the purpose of enforcing the terms of this 21 Stipulated Protective Order, even if such enforcement proceedings occur after 22 termination of this action. I hereby appoint [print or type 23 24 full name] of [print or type full address and 25 telephone number] as my California agent for service of process in connection with 26 this action or any proceedings related to enforcement of this Stipulated Protective 27 28 Order. -19- STIPULATED PROTECTIVE ORDER 1 Date: 2 City and State where sworn and signed: 3 4 Printed Name: 5 Signature: 6 7 8 Bryan Cave Leighton Paisner LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -20- STIPULATED PROTECTIVE ORDER

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