Mora v. Zeta Interactive Corp. et al

Filing 61

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Stanley A. Boone on 2/21/2017: It is hereby ordered that the protective order is entered. The parties are advised that pursuant to the Local Rules of the United States District Court, Eastern District of California, any documents which are to be filed under seal will require a written request which complies with Local Rule 141. The party making a request to file documents under seal shall be required to show good cause for documents attached to a nondispositive motion or compelling reasons for documents attached to a dispositive motion. Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 677-78 (9th Cir. 2009). (Valdez, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 SERGIO MORA, on behalf of himself and all others similarly situated, Plaintiff, 12 v. 13 14 STIPULATED PROTECTIVE ORDER ZETA INTERACTIVE CORP., et al. 15 Case No. 1:16-cv-00198-DAD-SAB Defendants. 16 17 1. PURPOSES AND LIMITATIONS 18 Disclosure and discovery activity in this action are likely to involve 19 production of confidential, proprietary, or private information for which special 20 protection from public disclosure and from use for any purpose other than 21 prosecuting this litigation may be warranted. Such information includes but is not 22 limited to Highly Sensitive Electronic Data for which special protection from 23 public disclosure and from use for any purpose other than prosecuting this 24 litigation may be warranted. Accordingly, the parties hereby stipulate to and 25 petition the court to enter the following Stipulated Protective Order. This Order 26 will govern discovery of all information, including electronically stored 27 information (“ESI”) in this case as a supplement to the Federal Rules of Civil 28 Procedure, this Court’s Guidelines for the Discovery of Electronically Stored 1 Information, and any other applicable orders and rules. The parties acknowledge 2 that this Order does not confer blanket protections on all disclosures or responses 3 to discovery and that the protection it affords from public disclosure and use 4 extends only to the limited information or items that are entitled to confidential 5 treatment under the applicable legal principles. The parties further acknowledge, 6 as set forth in Section 12.3, below, that this Stipulated Protective Order does not 7 entitle them to file confidential information under seal; Civil Local Rule 79-5 sets 8 forth the procedures that must be followed and the standards that will be applied 9 when a party seeks permission from the court to file material under seal. 10 11 12 13 14 2. DEFINITIONS 2.1. Challenging Party: A Party or Non-Party that challenges the designation of information or items under this Order. 2.2. “CONFIDENTIAL” information or materials: all information and 15 materials that have not been made public, the disclosure of which could cause harm 16 to the disclosing Party’s business operations or the business operations of a party in 17 privity with the disclosing Party, could provide improper competitive advantage to 18 others, discloses private or personal information, or for any other reason qualifies 19 for protection under Federal Rule of Civil Procedure 26(c). 20 2.3. “CONFIDENTIAL – OUTSIDE COUNSELS’ EYES ONLY” 21 information and materials: all information and materials that would, if known to any 22 officer, director, employee, or agent of a receiving Party (including any attorneys 23 employed by a receiving Party, regardless of whether such employees are deemed 24 in-house counsel), or to the public, lead to a harm or injury to the reputation and/or 25 business of the disclosing Party. Confidential – Outside Counsels’ Eyes Only 26 information and materials may include information that concerns or relates to (1) 27 sales, marketing, manufacturing, or research and development, (2) financial 28 performance, (3) manufacturing or other costs of doing business, (4) licenses or 2 1 other confidential agreements, (5) technical details of products or methods of doing 2 business, (6) manufacturers and/or suppliers, and/or (7) corporate information, such 3 as information relating to mergers, acquisitions, and/or asset purchases. Confidential 4 – Outside Counsels’ Eyes Only information and materials is a subcategory of 5 Confidential information and materials as defined above in Section B.2. 6 Confidential – Outside Counsels’ Eyes Only Information shall not include any 7 Information and/or Materials that has been made public, provided such public 8 disclosure was authorized by the Party claiming ownership of the Information or 9 Material, and not unlawful, inadvertent, or the fault of the receiving Party. 10 11 12 2.4. Counsel (without qualifier): 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 13 items that it produces in disclosures or in responses to discovery as 14 “CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE COUNSELS’ EYES 15 ONLY”. 16 2.6. Disclosure or Discovery Material: all items or information, regardless 17 of the medium or manner in which it is generated, stored, or maintained (including, 18 among other things, testimony, transcripts, and tangible things), that are produced or 19 generated in disclosures or responses to discovery in this matter. 20 2.7. Expert: a person with specialized knowledge or experience in a matter 21 pertinent to the litigation who (1) has been retained by a Party or its counsel to serve 22 as an expert witness or as a consultant in this action, (2) is not a past or current 23 employee of a Party or a current employee of a Party’s competitor, and (3) at the 24 time of retention, is not anticipated to become an employee of a Party or of a Party’s 25 competitor. 26 2.8. “HIGHLY CONFIDENTIAL—DATA” Information or Items: 27 extremely sensitive electronically stored data representing proprietary, confidential 28 and/or trade secret information, disclosure of which to another Party or Non-Party 3 1 2 would create a substantial risk of serious harm to the Producing Party. 2.9. House Counsel: attorneys who are employees of a party to this action. 3 House Counsel does not include Outside Counsel of Record or any other outside 4 counsel. 5 6 7 2.10. Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.11. Outside Counsel of Record: attorneys who are not employees of a party 8 to this action but are retained to represent or advise a party to this action and have 9 appeared in this action on behalf of that party or are affiliated with a law firm which 10 11 has appeared on behalf of that party. 2.12. Party: any party to this action, including all of its officers, directors, 12 employees, consultants, retained experts, and Outside Counsel of Record (and their 13 support staffs). 14 15 16 2.13. Producing Party: A Party or Non-Party that produces Disclosure or Discovery Material in this action. 2.14. Professional Vendors: persons or entities that provide litigation support 17 services (e.g., photocopying, videotaping, translating, preparing exhibits or 18 demonstrations, and organizing, storing, or retrieving data in any form or medium) 19 and their employees and subcontractors. 20 2.15. Protected Material: any Disclosure or Discovery Material that is 21 designated as “CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE COUNSELS’ 22 EYES ONLY,” or “HIGHLY CONFIDENTIAL—DATA.” 23 24 2.16. Receiving Party: A Party that receives Disclosure or Discovery Material from a Producing Party. 25 26 27 28 4 1 3. SCOPE The protections conferred by this Stipulation and Order cover not only 2 3 Protected Material (as defined above), but also (1) any information copied or extracted 4 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 5 Protected Material; and (3) any testimony, conversations, or presentations by Parties 6 or their Counsel that might reveal Protected Material. However, the protections 7 conferred by this Stipulation and Order do not cover the following information: (a) 8 any information that is in the public domain at the time of disclosure to a Receiving 9 Party or becomes part of the public domain after its disclosure to a Receiving Party as 10 a result of publication not involving a violation of this Order, including becoming part 11 of the public record through trial or otherwise; and (b) any information known to the 12 Receiving Party prior to the disclosure or obtained by the Receiving Party after the 13 disclosure from a source who obtained the information lawfully and under no 14 obligation of confidentiality to the Designating Party. Any use of Protected Material at 15 trial shall be governed by a separate agreement or order. 16 17 4. DURATION Even after final disposition of this litigation, the confidentiality obligations 18 19 imposed by this Order shall remain in effect until a Designating Party agrees 20 otherwise in writing or a court order otherwise directs. Final disposition shall be 21 deemed to be the later of (1) dismissal of all claims and defenses in this action, with or 22 without prejudice; and (2) final judgment herein after the completion and exhaustion 23 of all appeals, rehearings, remands, trials, or reviews of this action, including the time 24 limits for filing any motions or applications for extension of time pursuant to 25 applicable law. 26 27 28 5. DESIGNATING PROTECTED MATERIAL 5.1. Exercise of Restraint and Care in Designating Material for Protection. 5 1 Each Party or Non-Party that designates information or items for protection under 2 this Order must take care to limit any such designation to specific material that 3 qualifies under the appropriate standards. The Designating Party must designate for 4 protection only those parts of material, documents, items, or oral or written 5 communications that qualify – so that other portions of the material, documents, 6 items, or communications for which protection is not warranted are not swept 7 unjustifiably within the ambit of this Order. 8 5.1.1. Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been 9 10 made for an improper purpose (e.g., to unnecessarily encumber or 11 retard the case development process or to impose unnecessary expenses 12 and burdens on other parties) expose the Designating Party to 13 sanctions. 14 5.1.2. If it comes to a Designating Party’s attention that information or items 15 that it designated for protection do not qualify for protection, that 16 Designating Party must promptly notify all other Parties that it is 17 withdrawing the mistaken designation. 18 5.2. Manner and Timing of Designations. Except as otherwise provided in 19 this Order or as otherwise stipulated or ordered, Disclosure or Discovery Material 20 that qualifies for protection under this Order must be clearly so designated before 21 the material is disclosed or produced. 22 5.3. Designation in conformity with this Order requires: 23 5.3.1. For information in documentary form (e.g., paper or electronic 24 documents, but excluding transcripts of depositions or other pretrial or 25 trial proceedings), that the Producing Party affix the legend 26 “CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE COUNSELS’ 27 EYES ONLY,” or “HIGHLY CONFIDENTIAL—DATA” to each 28 page that contains Protected Material. If only a portion or portions of 6 1 the material on a page qualifies for protection, the Producing Party also 2 must clearly identify the protected portion(s) (e.g., by making 3 appropriate markings in the margins). 4 5.3.2. For testimony given in deposition or in other pretrial or trial 5 proceedings, that the Designating Party identify on the record, before 6 the close of the deposition, hearing, or other proceeding, all protected 7 testimony. 8 5.3.3. Parties shall give the other parties notice if they reasonably expect a deposition, hearing or other proceeding to include Protected Material so 9 10 that the other parties can ensure that only authorized individuals who 11 have signed the “Acknowledgment and Agreement to Be Bound” 12 (Exhibit A) are present at those proceedings. The use of a document as 13 an exhibit at a deposition shall not in any way affect its designation as 14 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL— ATTORNEYS’ 15 EYES ONLY,” or “HIGHLY CONFIDENTIAL—DATA.” 16 5.4. For information produced in some form other than documentary and for 17 any other tangible items, that the Producing Party affix in a prominent place on the 18 exterior of the container or containers in which the information or item is stored the 19 legend “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL— ATTORNEYS’ EYES 20 ONLY,” or “HIGHLY CONFIDENTIAL—DATA.” If only a portion or portions of 21 the information or item warrant protection, the Producing Party, to the extent 22 practicable, shall identify the protected portion(s). 23 5.5. If qualified Protected Material cannot be labeled, they shall be 24 designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL— ATTORNEYS’ 25 EYES ONLY,” or “HIGHLY CONFIDENTIAL—DATA” in a manner to be agreed 26 upon by the Parties. 27 28 5.6. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive 7 1 the Designating Party’s right to secure protection under this Order for such material. 2 Upon timely correction of a designation, the Receiving Party must make reasonable 3 efforts to assure that the material is treated in accordance with the provisions of this 4 Order. 5 6 6. 6.1. 7 8 REDACTION Redacted versions of Protected Material may be used for any proper purpose. 6.2. 9 If any Party intends to use a redacted version of any Protected Material 10 in a manner that would exceed the uses permitted under the designation used on 11 such Information and/or Materials, the Party must first submit its proposed 12 redactions to the Party that originally designated such Information and/or Materials. 13 Upon receipt, the Party originally designating such Information and/or Materials 14 shall make a good faith effort to either approve the proposed redactions or propose 15 whatever additional redactions are necessary to render the Information and/or 16 Materials appropriate for use or disclosure exceeding their original designation as 17 promptly as practicable, but in no even more than seven (7) days after the receipt of 18 the proposed redactions. 19 20 21 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 7.1. Timing of Challenges. Any Party or Non-Party may challenge a 22 designation of confidentiality at any time. Unless a prompt challenge to a 23 Designating Party’s confidentiality designation is necessary to avoid foreseeable, 24 substantial unfairness, unnecessary economic burdens, or a significant disruption or 25 delay of the litigation, a Party does not waive its right to challenge a confidentiality 26 designation by electing not to mount a challenge promptly after the original 27 designation is disclosed. 28 8 1 7.2. Meet and Confer. The Challenging Party shall initiate the dispute 2 resolution process by providing written notice of each designation it is challenging 3 and describing the basis for each challenge. To avoid ambiguity as to whether a 4 challenge has been made, the written notice must recite that the challenge to 5 confidentiality is being made in accordance with this specific paragraph of the 6 Protective Order. The parties shall attempt to resolve each challenge in good faith 7 and must begin the process by conferring directly (in voice to voice dialogue; other 8 forms of communication are not sufficient) within 14 days of the date of service of 9 notice. In conferring, the Challenging Party must explain the basis for its belief that 10 the confidentiality designation was not proper and must give the Designating Party 11 an opportunity to review the designated material, to reconsider the circumstances, 12 and, if no change in designation is offered, to explain the basis for the chosen 13 designation. A Challenging Party may proceed to the next stage of the challenge 14 process only if it has engaged in this meet and confer process first or establishes that 15 the Designating Party is unwilling to participate in the meet and confer process in a 16 timely manner. 17 7.3. Judicial Intervention. If the Parties cannot resolve a challenge without 18 court intervention, the Designating Party shall file and serve a motion to retain 19 confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule 20 79-5, if applicable) within 21 days of the initial notice of challenge or within 14 21 days of the parties agreeing that the meet and confer process will not resolve their 22 dispute, whichever is earlier. Each such motion must be accompanied by a 23 competent declaration affirming that the movant has complied with the meet and 24 confer requirements imposed in the preceding paragraph. Failure by the Designating 25 Party to make such a motion including the required declaration within 21 days (or 26 14 days, if applicable) shall automatically waive the confidentiality designation for 27 each challenged designation. In addition, the Challenging Party may file a motion 28 challenging a confidentiality designation at any time if there is good cause for doing 9 1 so, including a challenge to the designation of a deposition transcript or any portions 2 thereof. Any motion brought pursuant to this provision must be accompanied by a 3 competent declaration affirming that the movant has complied with the meet and 4 confer requirements imposed by the preceding paragraph. 7.4. 5 The burden of persuasion in any such challenge proceeding shall be on 6 the Designating Party. Frivolous challenges, and those made for an improper 7 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 8 parties) may expose the Challenging Party to sanctions. Unless the Designating 9 Party has waived the confidentiality designation by failing to file a motion to retain 10 confidentiality as described above, all parties shall continue to afford the material in 11 question the level of protection to which it is entitled under the Producing Party’s 12 designation until the court rules on the challenge. 13 14 8. ACCESS TO AND USE OF PROTECTED MATERIAL 8.1. 15 Basic Principles. A Receiving Party may use Protected Material that is 16 disclosed or produced by another Party or by a Non-Party in connection with this 17 case only for prosecuting, defending, or attempting to settle this litigation. Such 18 Protected Material may be disclosed only to the categories of persons and under the 19 conditions described in this Order. When the litigation has been terminated, a 20 Receiving Party must comply with the provisions of section 17 below (FINAL 21 DISPOSITION). 22 8.2. Protected Material must be stored and maintained by a Receiving Party 23 at a location and in a secure manner that ensures that access is limited to the persons 24 authorized under this Order. 25 26 9. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 27 ordered by the court or permitted in writing by the Designating Party, a 28 Receiving Party may disclose any information or item designated 10 1 “CONFIDENTIAL” only to: 2 a) the Receiving Party’s Outside Counsel of Record in this action, as well 3 as employees of said Outside Counsel of Record to whom it is 4 reasonably necessary to disclose the information for this litigation and 5 who have signed the “Acknowledgment and Agreement to Be Bound” 6 that is attached hereto as Exhibit A; 7 b) the officers, directors, and employees (including House Counsel) of the 8 Receiving Party to whom disclosure is reasonably necessary for this 9 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 11 c) Experts (as defined in this Order) of the Receiving Party to whom 12 disclosure is reasonably necessary for this litigation and who have 13 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 14 A); 15 d) the court and its personnel; 16 e) court reporters and their staff, professional jury or trial consultants, 17 mock jurors, and Professional Vendors to whom disclosure is 18 reasonably necessary for this litigation and who have signed the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 f) during their depositions, witnesses in the action to whom disclosure is 21 reasonably necessary and who have signed the “Acknowledgment and 22 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the 23 Designating Party or ordered by the court. Pages of transcribed 24 deposition testimony or exhibits to depositions that reveal Protected 25 Material must be separately bound by the court reporter and may not be 26 disclosed to anyone except as permitted under this Stipulated Protective 27 Order. 28 g) the author or recipient of a document containing the information or a 11 1 custodian or other person who otherwise possessed or knew the 2 information. 3 4 10. Disclosure of “CONFIDENTIAL – OUTSIDE COUNSELS’ EYES ONLY” 5 Protected Material. Unless otherwise ordered by the court or permitted in 6 writing by the Designating Party, a Receiving Party may disclose any 7 information or item designated “CONFIDENTIAL – OUTSIDE 8 COUNSELS’ EYES ONLY” only to: 9 a) the Receiving Party’s Outside Counsel of Record in this action, as well 10 as employees of said Outside Counsel of Record to whom it is 11 reasonably necessary to disclose the information for this litigation and 12 who have signed the “Acknowledgment and Agreement to Be Bound” 13 that is attached hereto as Exhibit A; b) 14 Experts (as defined in this Order) of the Receiving Party to whom 15 disclosure is reasonably necessary for this litigation and who have 16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 17 A); and c) 18 The Court and its staff, as defined herein. 19 20 21 11. HIGHLY SENSITIVE DATA 11.1. To the extent production of ESI becomes necessary in this case, a 22 Producing Party may designate ESI as “HIGHLY CONFIDENTIAL—DATA” if it 23 comprises or includes ESI as determined by the Producing Party. 24 11.2. Protected Material designated as “HIGHLY CONFIDENTIAL— 25 DATA” shall be subject to all of the protections afforded to “CONFIDENTIAL – 26 OUTSIDE COUNSELS’ EYES ONLY” provided herein, as well as the additional 27 protections afforded under this ESI Protective Order 28 12 1 12. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 12.1. If a Party is served with a subpoena or a court order issued in other 4 litigation that compels disclosure of any Protected Information, that Party must: a) 5 promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 6 b) 7 promptly notify in writing the party who caused the subpoena or order 8 to issue in the other litigation that some or all of the material covered 9 by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 10 c) 11 cooperate with respect to all reasonable procedures sought to be 12 pursued by the Designating Party whose Protected Material may be 13 affected. 12.2. If the Designating Party timely seeks a protective order, the Party 14 15 served with the subpoena or court order shall not produce any information 16 designated in this action as “CONFIDENTIAL,” CONFIDENTIAL – OUTSIDE 17 COUNSELS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL—DATA” before a 18 determination by the court from which the subpoena or order issued, unless the 19 Party has obtained the Designating Party’s permission. The Designating Party shall 20 bear the burden and expense of seeking protection in that court of its confidential 21 material – and nothing in these provisions should be construed as authorizing or 22 encouraging a Receiving Party in this action to disobey a lawful directive from 23 another court. 24 25 13. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 26 PRODUCED IN THIS LITIGATION 27 13.1. The terms of this Order are applicable to Protected Material produced by 28 a Non-Party in this action. Such information produced by Non-Parties in connection 13 1 with this litigation is protected by the remedies and relief provided by this Order. 2 Nothing in these provisions should be construed as prohibiting a Non-Party from 3 seeking additional protections. 13.2. In the event that a Party is required, by a valid discovery request, to 4 5 produce a Non-Party’s confidential information in its possession, and the Party is 6 subject to an agreement with the Non-Party not to produce the Non-Party’s 7 confidential information, then the Party shall: a) 8 promptly notify in writing the Requesting Party and the NonParty that some or all of the information requested is subject to a 9 confidentiality agreement with a Non-Party; 10 b) 11 promptly provide the Non-Party with a copy of the Stipulated 12 Protective Order in this litigation, the relevant discovery 13 request(s), and a reasonably specific description of the 14 information requested; and c) 15 make the information requested available for inspection by the Non-Party. 16 17 13.3. If the Non-Party fails to object or seek a protective order from this court 18 within 14 days of receiving the notice and accompanying information, the Receiving 19 Party may produce the Non-Party’s confidential information responsive to the 20 discovery request. If the Non-Party timely seeks a protective order, the Receiving 21 Party shall not produce any information in its possession or control that is subject to 22 the confidentiality agreement with the Non-Party before a determination by the court. 23 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 24 of seeking protection in this court of its Protected Material. 25 26 27 28 14. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not authorized under this 14 1 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 2 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 3 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 4 persons to whom unauthorized disclosures were made of all the terms of this Order, 5 and (d) request such person or persons to execute the “Acknowledgment and 6 Agreement to Be Bound” that is attached hereto as Exhibit A. 7 8 15. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 9 When a Producing Party gives notice to Receiving Parties that certain 10 11 inadvertently produced material is subject to a claim of privilege or other protection, 12 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 13 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 14 may be established in an e-discovery order that provides for production without 15 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 16 as the parties reach an agreement on the effect of disclosure of a communication or 17 information covered by the attorney-client privilege or work product protection, the 18 parties may incorporate their agreement in the stipulated protective order submitted 19 to the court. 20 21 22 23 24 16. MISCELLANEOUS 16.1. Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 16.2. Right to Assert Other Objections. By stipulating to the entry of this 25 Protective Order no Party waives any right it otherwise would have to object to 26 disclosing or producing any information or item on any ground not addressed in this 27 Stipulated Protective Order. Similarly, no Party waives any right to object on any 28 ground to use in evidence of any of the material covered by this Protective Order. 15 1 16.3. Filing Protected Material. Without written permission from the 2 Designating Party or a court order secured after appropriate notice to all interested 3 persons, a Party may not file in the public record in this action any Protected 4 Material. A Party that seeks to file under seal any Protected Material must comply 5 with Civil Local Rule 79-5. Protected Material may only be filed under seal 6 pursuant to a court order authorizing the sealing of the specific Protected Material at 7 issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a 8 request establishing that the Protected Material at issue is privileged, protectable as 9 a trade secret, or otherwise entitled to protection under the law. If a Receiving 10 Party's request to file Protected Material under seal pursuant to Civil Local Rule 79- 11 5(d) is denied by the court, then the Receiving Party may file the information in the 12 public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by the 13 court. 14 15 17. FINAL DISPOSITION 16 Within 60 days after the final disposition of this action, as defined in Section 17 4, each Receiving Party must return all Protected Material to the Producing Party or 18 destroy such material. As used in this subdivision, “all Protected Material” includes 19 all copies, abstracts, compilations, summaries, and any other format reproducing or 20 capturing any of the Protected Material. Whether the Protected Material is returned 21 or destroyed, the Receiving Party must submit a written certification to the 22 Producing Party (and, if not the same person or entity, to the Designating Party) by 23 the 60 day deadline that (1) identifies (by category, where appropriate) all the 24 Protected Material that was returned or destroyed and (2) affirms that the Receiving 25 Party has not retained any copies, abstracts, compilations, summaries or any other 26 format reproducing or capturing any of the Protected Material. Notwithstanding this 27 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 28 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 16 1 deposition and trial exhibits, expert reports, attorney work product, and consultant 2 and expert work product, even if such materials contain Protected Material. Any 3 such archival copies that contain or constitute Protected Material remain subject to 4 this Protective Order as set forth in Section 4 (DURATION). 5 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 8 9 DATED: February 21, 2017 NEWMAN DU WORS LLP BURSOR & FISHER, P.A. By: /s/ John Du Wors John Du Wors, SBN 233913 Samantha Everett, SBN 234402 Nathaniel E. Durrance, SBN 2101 Fourth Avenue, Suite 1500 Seattle, WA 98121 Telephone: (206) 274-2800 Facsimile: (206) 274-2801 By: /s/ Joshua D. Arisohn Scott A. Bursor, SBN 276006 Joshua D. Arisohn (Pro Hac Vice) 888 Seventh Avenue New York, NY 10019 Telephone: (212) 989-9113 Facsimile: (212) 989-9163 10 11 12 13 14 15 16 17 18 19 20 Attorneys for Plaintiff Sergio Mora Attorneys for Defendants David Steinberg and Zeta Interactive Corp. 21 22 23 ORDER 24 25 26 27 28 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that: 1. The protective order is entered; 2. The parties are advised that pursuant to the Local Rules of the United States District Court, Eastern District of California, any documents which are to be 17 1 filed under seal will require a written request which complies with Local Rule 2 141; and 3. 3 The party making a request to file documents under seal shall be required to 4 show good cause for documents attached to a nondispositive motion or 5 compelling reasons for documents attached to a dispositive motion. Pintos v. 6 Pacific Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009). 7 8 IT IS SO ORDERED. 9 10 Dated: February 21, 2017 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury that 5 I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Northern District of California on 7 [date] in the case of ___________ [insert formal name of the case and the number 8 and initials assigned to it by the court]. I agree to comply with and to be bound by 9 all the terms of this Stipulated Protective Order and I understand and acknowledge 10 that failure to so comply could expose me to sanctions and punishment in the nature of 11 contempt. I solemnly promise that I will not disclose in any manner any information 12 or item that is subject to this Stipulated Protective Order to any person or entity except 13 in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Northern District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ 27 28 19

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