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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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SERGIO MORA, on behalf of himself
and all others similarly situated,
Plaintiff,

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v.

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STIPULATED PROTECTIVE
ORDER

ZETA INTERACTIVE CORP., et al.

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Case No. 1:16-cv-00198-DAD-SAB

Defendants.

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1.

PURPOSES AND LIMITATIONS

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Disclosure and discovery activity in this action are likely to involve

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production of confidential, proprietary, or private information for which special

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protection from public disclosure and from use for any purpose other than

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prosecuting this litigation may be warranted. Such information includes but is not

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limited to Highly Sensitive Electronic Data for which special protection from

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public disclosure and from use for any purpose other than prosecuting this

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litigation may be warranted. Accordingly, the parties hereby stipulate to and

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petition the court to enter the following Stipulated Protective Order. This Order

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will govern discovery of all information, including electronically stored

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information (“ESI”) in this case as a supplement to the Federal Rules of Civil

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Procedure, this Court’s Guidelines for the Discovery of Electronically Stored

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Information, and any other applicable orders and rules. The parties acknowledge

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that this Order does not confer blanket protections on all disclosures or responses

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to discovery and that the protection it affords from public disclosure and use

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extends only to the limited information or items that are entitled to confidential

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treatment under the applicable legal principles. The parties further acknowledge,

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as set forth in Section 12.3, below, that this Stipulated Protective Order does not

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entitle them to file confidential information under seal; Civil Local Rule 79-5 sets

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forth the procedures that must be followed and the standards that will be applied

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when a party seeks permission from the court to file material under seal.

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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

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materials that have not been made public, the disclosure of which could cause harm

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to the disclosing Party’s business operations or the business operations of a party in

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privity with the disclosing Party, could provide improper competitive advantage to

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others, discloses private or personal information, or for any other reason qualifies

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for protection under Federal Rule of Civil Procedure 26(c).

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2.3.

“CONFIDENTIAL – OUTSIDE COUNSELS’ EYES ONLY”

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information and materials: all information and materials that would, if known to any

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officer, director, employee, or agent of a receiving Party (including any attorneys

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employed by a receiving Party, regardless of whether such employees are deemed

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in-house counsel), or to the public, lead to a harm or injury to the reputation and/or

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business of the disclosing Party. Confidential – Outside Counsels’ Eyes Only

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information and materials may include information that concerns or relates to (1)

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sales, marketing, manufacturing, or research and development, (2) financial

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performance, (3) manufacturing or other costs of doing business, (4) licenses or
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other confidential agreements, (5) technical details of products or methods of doing

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business, (6) manufacturers and/or suppliers, and/or (7) corporate information, such

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as information relating to mergers, acquisitions, and/or asset purchases. Confidential

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– Outside Counsels’ Eyes Only information and materials is a subcategory of

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Confidential information and materials as defined above in Section B.2.

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Confidential – Outside Counsels’ Eyes Only Information shall not include any

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Information and/or Materials that has been made public, provided such public

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disclosure was authorized by the Party claiming ownership of the Information or

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Material, and not unlawful, inadvertent, or the fault of the receiving Party.

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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

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items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE COUNSELS’ EYES

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ONLY”.

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2.6.

Disclosure or Discovery Material: all items or information, regardless

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of the medium or manner in which it is generated, stored, or maintained (including,

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among other things, testimony, transcripts, and tangible things), that are produced or

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generated in disclosures or responses to discovery in this matter.

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2.7.

Expert: a person with specialized knowledge or experience in a matter

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pertinent to the litigation who (1) has been retained by a Party or its counsel to serve

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as an expert witness or as a consultant in this action, (2) is not a past or current

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employee of a Party or a current employee of a Party’s competitor, and (3) at the

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time of retention, is not anticipated to become an employee of a Party or of a Party’s

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competitor.

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2.8.

“HIGHLY CONFIDENTIAL—DATA” Information or Items:

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extremely sensitive electronically stored data representing proprietary, confidential

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and/or trade secret information, disclosure of which to another Party or Non-Party
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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.

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House Counsel does not include Outside Counsel of Record or any other outside

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counsel.

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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

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to this action but are retained to represent or advise a party to this action and have

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appeared in this action on behalf of that party or are affiliated with a law firm which

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has appeared on behalf of that party.
2.12. Party: any party to this action, including all of its officers, directors,

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

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support staffs).

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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

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

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

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and their employees and subcontractors.

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2.15. Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE COUNSELS’

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EYES ONLY,” or “HIGHLY CONFIDENTIAL—DATA.”

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2.16. Receiving Party: A Party that receives Disclosure or Discovery
Material from a Producing Party.

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3.

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

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

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

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

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or their Counsel that might reveal Protected Material. However, the protections

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conferred by this Stipulation and Order do not cover the following information: (a)

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any information that is in the public domain at the time of disclosure to a Receiving

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Party or becomes part of the public domain after its disclosure to a Receiving Party as

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a result of publication not involving a violation of this Order, including becoming part

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of the public record through trial or otherwise; and (b) any information known to the

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Receiving Party prior to the disclosure or obtained by the Receiving Party after the

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disclosure from a source who obtained the information lawfully and under no

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obligation of confidentiality to the Designating Party. Any use of Protected Material at

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trial shall be governed by a separate agreement or order.

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4.

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

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this action, with or

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without prejudice; and (2) final judgment herein after the completion and exhaustion

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of all appeals, rehearings, remands, trials, or reviews of this action, including the time

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limits for filing any motions or applications for extension of time pursuant to

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applicable law.

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5.

DESIGNATING PROTECTED MATERIAL
5.1.

Exercise of Restraint and Care in Designating Material for Protection.
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Each Party or Non-Party that designates information or items for protection under

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this Order must take care to limit any such designation to specific material that

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qualifies under the appropriate standards. The Designating Party must designate for

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protection only those parts of material, documents, items, or oral or written

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communications that qualify – so that other portions of the material, documents,

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items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.

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5.1.1. Mass, indiscriminate, or routinized designations are prohibited.
Designations that are shown to be clearly unjustified or that have been

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made for an improper purpose (e.g., to unnecessarily encumber or

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retard the case development process or to impose unnecessary expenses

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and burdens on other parties) expose the Designating Party to

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sanctions.

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

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that it designated for protection do not qualify for protection, that

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Designating Party must promptly notify all other Parties that it is

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withdrawing the mistaken designation.

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5.2.

Manner and Timing of Designations. Except as otherwise provided in

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this Order or as otherwise stipulated or ordered, Disclosure or Discovery Material

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that qualifies for protection under this Order must be clearly so designated before

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the material is disclosed or produced.

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5.3.

Designation in conformity with this Order requires:

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5.3.1. For information in documentary form (e.g., paper or electronic

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documents, but excluding transcripts of depositions or other pretrial or

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trial proceedings), that the Producing Party affix the legend

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“CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE COUNSELS’

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EYES ONLY,” or “HIGHLY CONFIDENTIAL—DATA” to each

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page that contains Protected Material. If only a portion or portions of
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the material on a page qualifies for protection, the Producing Party also

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must clearly identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).

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5.3.2. For testimony given in deposition or in other pretrial or trial

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proceedings, that the Designating Party identify on the record, before

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the close of the deposition, hearing, or other proceeding, all protected

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testimony.

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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

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that the other parties can ensure that only authorized individuals who

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have signed the “Acknowledgment and Agreement to Be Bound”

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(Exhibit A) are present at those proceedings. The use of a document as

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an exhibit at a deposition shall not in any way affect its designation as

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“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL— ATTORNEYS’

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EYES ONLY,” or “HIGHLY CONFIDENTIAL—DATA.”

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5.4.

For information produced in some form other than documentary and for

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

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exterior of the container or containers in which the information or item is stored the

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legend “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL— ATTORNEYS’ EYES

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ONLY,” or “HIGHLY CONFIDENTIAL—DATA.” If only a portion or portions of

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the information or item warrant protection, the Producing Party, to the extent

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practicable, shall identify the protected portion(s).

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5.5.

If qualified Protected Material cannot be labeled, they shall be

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designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL— ATTORNEYS’

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EYES ONLY,” or “HIGHLY CONFIDENTIAL—DATA” in a manner to be agreed

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upon by the Parties.

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5.6.

Inadvertent Failures to Designate. If timely corrected, an inadvertent

failure to designate qualified information or items does not, standing alone, waive
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the Designating Party’s right to secure protection under this Order for such material.

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Upon timely correction of a designation, the Receiving Party must make reasonable

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efforts to assure that the material is treated in accordance with the provisions of this

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Order.

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6.

6.1.

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REDACTION
Redacted versions of Protected Material may be used for any proper

purpose.
6.2.

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If any Party intends to use a redacted version of any Protected Material

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in a manner that would exceed the uses permitted under the designation used on

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such Information and/or Materials, the Party must first submit its proposed

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redactions to the Party that originally designated such Information and/or Materials.

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Upon receipt, the Party originally designating such Information and/or Materials

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shall make a good faith effort to either approve the proposed redactions or propose

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whatever additional redactions are necessary to render the Information and/or

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Materials appropriate for use or disclosure exceeding their original designation as

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promptly as practicable, but in no even more than seven (7) days after the receipt of

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the proposed redactions.

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7.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
7.1.

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

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designation of confidentiality at any time. Unless a prompt challenge to a

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Designating Party’s confidentiality designation is necessary to avoid foreseeable,

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substantial unfairness, unnecessary economic burdens, or a significant disruption or

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delay of the litigation, a Party does not waive its right to challenge a confidentiality

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designation by electing not to mount a challenge promptly after the original

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designation is disclosed.

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7.2.

Meet and Confer. The Challenging Party shall initiate the dispute

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resolution process by providing written notice of each designation it is challenging

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and describing the basis for each challenge. To avoid ambiguity as to whether a

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challenge has been made, the written notice must recite that the challenge to

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confidentiality is being made in accordance with this specific paragraph of the

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Protective Order. The parties shall attempt to resolve each challenge in good faith

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and must begin the process by conferring directly (in voice to voice dialogue; other

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forms of communication are not sufficient) within 14 days of the date of service of

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notice. In conferring, the Challenging Party must explain the basis for its belief that

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the confidentiality designation was not proper and must give the Designating Party

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an opportunity to review the designated material, to reconsider the circumstances,

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and, if no change in designation is offered, to explain the basis for the chosen

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designation. A Challenging Party may proceed to the next stage of the challenge

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process only if it has engaged in this meet and confer process first or establishes that

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the Designating Party is unwilling to participate in the meet and confer process in a

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timely manner.

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7.3.

Judicial Intervention. If the Parties cannot resolve a challenge without

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court intervention, the Designating Party shall file and serve a motion to retain

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confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule

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79-5, if applicable) within 21 days of the initial notice of challenge or within 14

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days of the parties agreeing that the meet and confer process will not resolve their

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dispute, whichever is earlier. Each such motion must be accompanied by a

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competent declaration affirming that the movant has complied with the meet and

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confer requirements imposed in the preceding paragraph. Failure by the Designating

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Party to make such a motion including the required declaration within 21 days (or

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14 days, if applicable) shall automatically waive the confidentiality designation for

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each challenged designation. In addition, the Challenging Party may file a motion

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challenging a confidentiality designation at any time if there is good cause for doing
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so, including a challenge to the designation of a deposition transcript or any portions

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thereof. Any motion brought pursuant to this provision must be accompanied by a

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competent declaration affirming that the movant has complied with the meet and

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confer requirements imposed by the preceding paragraph.
7.4.

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

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the Designating Party. Frivolous challenges, and those made for an improper

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the Challenging Party to sanctions. Unless the Designating

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Party has waived the confidentiality designation by failing to file a motion to retain

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confidentiality as described above, all parties shall continue to afford the material in

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

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designation until the court rules on the challenge.

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8.

ACCESS TO AND USE OF PROTECTED MATERIAL
8.1.

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

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

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case only for prosecuting, defending, or attempting to settle this litigation. Such

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

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conditions described in this Order. When the litigation has been terminated, a

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Receiving Party must comply with the provisions of section 17 below (FINAL

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DISPOSITION).

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8.2.

Protected Material must be stored and maintained by a Receiving Party

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at a location and in a secure manner that ensures that access is limited to the persons

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authorized under this Order.

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9.

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

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

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

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

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as employees of said Outside Counsel of Record to whom it is

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reasonably necessary to disclose the information for this litigation and

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

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that is attached hereto as Exhibit A;

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b)

the officers, directors, and employees (including House Counsel) of the

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Receiving Party to whom disclosure is reasonably necessary for this

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litigation and who have signed the “Acknowledgment and Agreement
to Be Bound” (Exhibit A);

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c)

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

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disclosure is reasonably necessary for this litigation and who have

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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

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A);

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d)

the court and its personnel;

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e)

court reporters and their staff, professional jury or trial consultants,

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mock jurors, and Professional Vendors to whom disclosure is

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reasonably necessary for this litigation and who have signed the

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

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f)

during their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the

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Designating Party or ordered by the court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal Protected

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Material must be separately bound by the court reporter and may not be

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disclosed to anyone except as permitted under this Stipulated Protective

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Order.

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g)

the author or recipient of a document containing the information or a
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custodian or other person who otherwise possessed or knew the

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information.

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10.

Disclosure of “CONFIDENTIAL – OUTSIDE COUNSELS’ EYES ONLY”

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Protected Material. Unless otherwise ordered by the court or permitted in

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writing by the Designating Party, a Receiving Party may disclose any

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information or item designated “CONFIDENTIAL – OUTSIDE

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COUNSELS’ EYES ONLY” only to:

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a)

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

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as employees of said Outside Counsel of Record to whom it is

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reasonably necessary to disclose the information for this litigation and

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

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that is attached hereto as Exhibit A;
b)

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

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disclosure is reasonably necessary for this litigation and who have

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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

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A); and
c)

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The Court and its staff, as defined herein.

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11.

HIGHLY SENSITIVE DATA
11.1. To the extent production of ESI becomes necessary in this case, a

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Producing Party may designate ESI as “HIGHLY CONFIDENTIAL—DATA” if it

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comprises or includes ESI as determined by the Producing Party.

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11.2. Protected Material designated as “HIGHLY CONFIDENTIAL—

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DATA” shall be subject to all of the protections afforded to “CONFIDENTIAL –

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OUTSIDE COUNSELS’ EYES ONLY” provided herein, as well as the additional

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protections afforded under this ESI Protective Order

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12.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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12.1. If a Party is served with a subpoena or a court order issued in other

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litigation that compels disclosure of any Protected Information, that Party must:
a)

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promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;

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b)

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promptly notify in writing the party who caused the subpoena or order

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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 Protective Order. Such
notification shall include a copy of this Stipulated Protective Order; and

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c)

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cooperate with respect to all reasonable procedures sought to be

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pursued by the Designating Party whose Protected Material may be

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affected.
12.2. If the Designating Party timely seeks a protective order, the Party

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served with the subpoena or court order shall not produce any information

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designated in this action as “CONFIDENTIAL,” CONFIDENTIAL – OUTSIDE

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COUNSELS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL—DATA” before a

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

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

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

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material – and nothing in these provisions should be construed as authorizing or

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encouraging a Receiving Party in this action to disobey a lawful directive from

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another court.

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13.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION

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13.1. The terms of this Order are applicable to Protected Material produced by

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a Non-Party in this action. Such information produced by Non-Parties in connection
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with this litigation is protected by the remedies and relief provided by this Order.

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Nothing in these provisions should be construed as prohibiting a Non-Party from

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seeking additional protections.
13.2. In the event that a Party is required, by a valid discovery request, to

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

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

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confidential information, then the Party shall:
a)

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promptly notify in writing the Requesting Party and the NonParty that some or all of the information requested is subject to a

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confidentiality agreement with a Non-Party;

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b)

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

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Protective Order in this litigation, the relevant discovery

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request(s), and a reasonably specific description of the

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information requested; and
c)

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make the information requested available for inspection by the
Non-Party.

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13.3. If the Non-Party fails to object or seek a protective order from this court

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within 14 days of receiving the notice and accompanying information, the Receiving

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

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

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

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the confidentiality agreement with the Non-Party before a determination by the court.

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Absent a court order to the contrary, the Non-Party shall bear the burden and expense

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of seeking protection in this court of its Protected Material.

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

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writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

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to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

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persons to whom unauthorized disclosures were made of all the terms of this Order,

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and (d) request such person or persons to execute the “Acknowledgment and

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Agreement to Be Bound” that is attached hereto as Exhibit A.

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15.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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

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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

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may be established in an e-discovery order that provides for production without

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prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar

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as the parties reach an agreement on the effect of disclosure of a communication or

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information covered by the attorney-client privilege or work product protection, the

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parties may incorporate their agreement in the stipulated protective order submitted

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to the court.

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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

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

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

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Stipulated Protective Order. Similarly, no Party waives any right to object on any

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ground to use in evidence of any of the material covered by this Protective Order.
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16.3. Filing Protected Material. Without written permission from the

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Designating Party or a court order secured after appropriate notice to all interested

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persons, a Party may not file in the public record in this action any Protected

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

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with Civil Local Rule 79-5. Protected Material may only be filed under seal

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pursuant to a court order authorizing the sealing of the specific Protected Material at

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issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a

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request establishing that the Protected Material at issue is privileged, protectable as

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a trade secret, or otherwise entitled to protection under the law. If a Receiving

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Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-

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5(d) is denied by the court, then the Receiving Party may file the information in the

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public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by the

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court.

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17.

FINAL DISPOSITION

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Within 60 days after the final disposition of this action, as defined in Section

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4, each Receiving Party must return all Protected Material to the Producing Party or

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destroy such material. As used in this subdivision, “all Protected Material” includes

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

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capturing any of the Protected Material. Whether the Protected Material is returned

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or destroyed, the Receiving Party must submit a written certification to the

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Producing Party (and, if not the same person or entity, to the Designating Party) by

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the 60 day deadline that (1) identifies (by category, where appropriate) all the

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

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Party has not retained any copies, abstracts, compilations, summaries or any other

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

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

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papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
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1

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

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and expert work product, even if such materials contain Protected Material. Any

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such archival copies that contain or constitute Protected Material remain subject to

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this Protective Order as set forth in Section 4 (DURATION).

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: February 21, 2017
NEWMAN DU WORS LLP

BURSOR & FISHER, P.A.

By: /s/ John Du Wors
John Du Wors, SBN 233913
[e-mail]
Samantha Everett, SBN 234402
[e-mail]
Nathaniel E. Durrance, SBN
[e-mail]
2101 Fourth Avenue, Suite 1500
Seattle, WA 98121
Telephone: [phone]
Facsimile: [phone]

By: /s/ Joshua D. Arisohn
Scott A. Bursor, SBN 276006
[e-mail]
Joshua D. Arisohn (Pro Hac Vice)
[e-mail]
888 Seventh Avenue
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
Sergio Mora

Attorneys for Defendants
David Steinberg and Zeta Interactive
Corp.

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ORDER

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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
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filed under seal will require a written request which complies with Local Rule

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141; and
3.

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The party making a request to file documents under seal shall be required to

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show good cause for documents attached to a nondispositive motion or

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compelling reasons for documents attached to a dispositive motion. Pintos v.

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Pacific Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009).

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IT IS SO ORDERED.

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Dated:

February 21, 2017
UNITED STATES MAGISTRATE JUDGE

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1

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _____________________________ [print or type full name], of

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_________________ [print or type full address], declare under penalty of perjury that

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

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issued by the United States District Court for the Northern 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 Stipulated Protective Order and I understand and acknowledge

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

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

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

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in strict compliance with the provisions of this Order.

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

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Northern District of California for the purpose of enforcing the terms of this

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Stipulated Protective Order, even if such enforcement proceedings occur after

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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 Stipulated Protective

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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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Signature: __________________________________

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