Cosmetic Warriors Limited v. Lush Salon & Spa

Filing 26

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 1/26/12. (Kastilahn, A)

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1 2 3 4 5 6 SEDGWICK LLP Matthew A. Fischer (State Bar No. 191451) 333 Bush Street, Fl. 30 San Francisco, California 94104 Tel: 415.781.7900 Fax: 415.781.2635 Email: matthew.fischer@sedgwicklaw.com Attorneys for Defendants MICHAEL SYLVESTRE and SHANNON MARLIN dba LUSH SALON & SPA 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 COSMETIC WARRIORS LIMITED, 12 Plaintiff, 13 14 15 Case No. 2:11-cv-02269-GEB-FEB v. STIPULATED PROTECTIVE ORDER MICHAEL SYLVESTRE and SHANNON MARLIN, doing business as LUSH SALON & SPA, 16 Defendants. 17 18 AND RELATED COUNTERCLAIM 19 20 1. PURPOSES AND LIMITATIONS 21 Disclosure and discovery activity in this action are likely to involve production of 22 confidential, proprietary, or private information for which special protection from public 23 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 24 Accordingly, the parties hereby stipulate to and petition the court to enter the following 25 Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket 26 protections on all disclosures or responses to discovery and that the protection it affords from 27 public disclosure and use extends only to the limited information or items that are entitled to 28 confidential treatment under the applicable legal principles. The parties further acknowledge, as -1STIPULATED PROTECTIVE ORDER SF/2655013v1 1 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file 2 confidential information under seal; Civil Local Rules 141 and 141.1 and General Order 164 set 3 forth the procedures that must be followed and the standards that will be applied when a party 4 seeks permission from the court to file material under seal and/or for a protective order relating 5 to the admission of evidence at trial. 6 7 8 9 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 Items: information (regardless of how it is 10 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 11 of Civil Procedure 26(c). 12 2.3 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or 13 Items: extremely sensitive “CONFIDENTIAL Information or Items,” disclosure of which to 14 another Party or Non-Party would create a substantial risk of serious harm that could not be 15 avoided by less restrictive means. 16 17 18 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 items that 19 it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY 20 CONFIDENTIAL – ATTORNEY’S EYES ONLY.” 21 2.6 Disclosure or Discovery Material: all items or information, regardless of the 22 medium or manner in which it is generated, stored, or maintained (including, among other things, 23 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 24 responses to discovery in this matter. 25 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent 26 to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as 27 a consultant in this action. 28 -2STIPULATED PROTECTIVE ORDER SF/2655013v1 2.8 1 2 Counsel does not include Outside Counsel of Record or any other outside counsel. 2.9 3 4 House Counsel: attorneys who are employees of a party to this action. House Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.10 5 Outside Counsel of Record: attorneys who are not employees of a party to this 6 action but are retained to represent or advise a party to this action and have appeared in this 7 action on behalf of that party or are affiliated with a law firm which has appeared on behalf of 8 that party. 2.11 9 10 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.12 11 12 Party: any party to this action, including all of its officers, directors, employees, Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 2.13 13 Professional Vendors: persons or entities that provide litigation support services 14 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 15 organizing, storing, or retrieving data in any form or medium) and their employees and 16 subcontractors. 2.14 17 18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY.” 2.15 19 20 21 Protected Material: any Disclosure or Discovery Material that is designated as Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 3. SCOPE 22 The protections conferred by this Stipulation and Order cover not only Protected Material 23 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 24 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 25 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 26 However, the protections conferred by this Stipulation and Order do not cover the following 27 information: (a) any information that is in the public domain at the time of disclosure to a 28 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as -3STIPULATED PROTECTIVE ORDER SF/2655013v1 1 a result of publication not involving a violation of this Order, including becoming part of the 2 public record through trial or otherwise; and (b) any information known to the Receiving Party 3 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 4 obtained the information lawfully and under no obligation of confidentiality to the Designating 5 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 4. 6 DURATION 7 Even after final disposition of this litigation, the confidentiality obligations imposed by 8 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 9 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 10 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 11 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this 12 action, including the time limits for filing any motions or applications for extension of time 13 pursuant to applicable law. 14 5. 15 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 16 or Non-Party that designates information or items for protection under this Order must take care 17 to limit any such designation to specific material that qualifies under the appropriate standards. 18 The Designating Party must designate for protection only those parts of material, documents, 19 items, or oral or written communications that qualify – so that other portions of the material, 20 documents, items, or communications for which protection is not warranted are not swept 21 unjustifiably within the ambit of this Order. 22 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 23 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 24 unnecessarily encumber or retard the case development process or to impose unnecessary 25 expenses and burdens on other parties) expose the Designating Party to sanctions. 26 If it comes to a Designating Party’s attention that information or items that it designated 27 for protection do not qualify for protection, that Designating Party must promptly notify all other 28 Parties that it is withdrawing the mistaken designation. -4STIPULATED PROTECTIVE ORDER SF/2655013v1 1 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 2 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 3 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 4 designated before the material is disclosed or produced. 5 Designation in conformity with this Order requires: 6 (a) for information in documentary form (e.g., paper or electronic documents, but 7 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 8 Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY’S 9 EYES ONLY” to each page that contains Protected Material. If only a portion or portions of the 10 material on a page qualifies for protection, the Producing Party also must clearly identify the 11 protected portion(s) (e.g., by making appropriate markings in the margins). 12 A Party or Non-Party that makes original documents or materials available for inspection 13 need not designate them for protection until after the inspecting Party has indicated which 14 material it would like copied and produced. During the inspection and before the designation, all 15 of the material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL – 16 ATTORNEY’S EYES ONLY.” After the inspecting Party has identified the documents it wants 17 copied and produced, the Producing Party must determine which documents, or portions thereof, 18 qualify for protection under this Order. Then, before producing the specified documents, the 19 Producing Party must affix the “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 20 ATTORNEY’S EYES ONLY” legend to each page that contains Protected Material. If only a 21 portion or portions of the material on a page qualifies for protection, the Producing Party also 22 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 23 margins). 24 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 25 Designating Party identify on the record, before the close of the deposition, hearing, or other 26 proceeding, all protected testimony and note on the record whether the protected testimony is 27 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY”. 28 -5STIPULATED PROTECTIVE ORDER SF/2655013v1 (c) for information produced in some form other than documentary and for any other 1 2 tangible items, that the Producing Party affix in a prominent place on the exterior of the 3 container or containers in which the information or item is stored the legend “CONFIDENTIAL” 4 or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” as appropriate. If only a 5 portion or portions of the information or item warrant protection, the Producing Party, to the 6 extent practicable, shall identify the protected portion(s). 5.3 7 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 8 designate qualified information or items does not, standing alone, waive the Designating Party’s 9 right to secure protection under this Order for such material. Upon timely correction of a 10 designation, the Receiving Party must make reasonable efforts to assure that the material is 11 treated in accordance with the provisions of this Order. 12 13 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 14 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 15 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 16 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 17 challenge a confidentiality designation by electing not to mount a challenge promptly after the 18 original designation is disclosed. 19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 20 process by providing written notice of each designation it is challenging and describing the basis 21 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 22 notice must recite that the challenge to confidentiality is being made in accordance with this 23 specific paragraph (6.2) of the Protective Order. The parties shall attempt to resolve each 24 challenge in good faith and must begin the process by conferring directly (in voice to voice 25 dialogue; other forms of communication are not sufficient) within 7 days of the date of service of 26 notice. In conferring, the Challenging Party must explain the basis for its belief that the 27 confidentiality designation was not proper and must give the Designating Party an opportunity to 28 -6STIPULATED PROTECTIVE ORDER SF/2655013v1 1 review the designated material, to reconsider the circumstances, and, if no change in designation 2 is offered, to explain the basis for the chosen designation. 3 6.3 Judicial Intervention. 4 If the Parties cannot resolve a challenge without court intervention, the Designating Party 5 shall file and serve a motion to retain confidentiality under Civil Local Rule 141 (and in 6 compliance with General Order 164, if applicable) within 21 days of the initial notice of 7 challenge or within 14 days of the parties agreeing that the meet and confer process will not 8 resolve their dispute, whichever is earlier. Each such motion must be accompanied by a 9 competent declaration affirming that the movant has complied with the meet and confer 10 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such 11 a motion including the required declaration within 21 days (or 14 days, if applicable) shall 12 automatically waive the confidentiality designation for each challenged designation. In addition, 13 the Challenging Party may file a motion challenging a confidentiality designation at any time if 14 there is good cause for doing so, including a challenge to the designation of a deposition 15 transcript or any portions thereof. Any motion brought pursuant to this provision must be 16 accompanied by a competent declaration affirming that the movant has complied with the meet 17 and confer requirements imposed by the preceding paragraph. 18 The burden of persuasion in any such challenge proceeding shall be on the Designating 19 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 20 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 21 sanctions. Pending the resolution of any challenge filed, all parties shall continue to afford the 22 material in question the level of protection to which it is entitled under the Producing Party’s 23 designation until the court rules on the challenge. 24 25 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 26 or produced by another Party or by a Non-Party in connection with this case only for 27 prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be 28 disclosed only to the categories of persons and under the conditions described in this Order. -7STIPULATED PROTECTIVE ORDER SF/2655013v1 1 When the litigation has been terminated, a Receiving Party must comply with the provisions of 2 section 13 below (FINAL DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a location and 4 in a secure manner that ensures that access is limited to the persons authorized under this Order. 5 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 6 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 7 disclose any information or item designated “CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 9 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 10 for this litigation; 11 12 13 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation; (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 14 reasonably necessary for this litigation and who have signed the “Acknowledgment and 15 Agreement to Be Bound” (Exhibit A); 16 (d) the court and its personnel; 17 (e) professional jury or trial consultants or mock jurors to whom disclosure is reasonably 18 necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be 19 Bound” (Exhibit A), as well as court reporters and their staff and Professional Vendors to whom 20 disclosure is reasonably necessary for this litigation; 21 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 22 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 23 A), unless otherwise agreed by the Designating Party or ordered by the court. A Designating 24 Party intending to use a document designated “CONFIDENTIAL” during the deposition of a 25 witness of the Receiving Party will provide two (2) business days notice of such intent to counsel 26 for the Receiving Party. Pages of transcribed deposition testimony or exhibits to depositions that 27 reveal Protected Material must be separately bound by the court reporter and may not be 28 disclosed to anyone except as permitted under this Stipulated Protective Order. -8STIPULATED PROTECTIVE ORDER SF/2655013v1 (g) the author or recipient of a document containing the information or a custodian or 1 2 other person who otherwise possessed or knew the information. 7.3 3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 4 Information or Items. Unless otherwise ordered by the court or permitted in writing by the 5 Designating Party, a Receiving Party may disclose any information or item designated 6 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 7 8 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 9 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 10 (Exhibit A); (b) Designated House Counsel of the Receiving Party (1) who has no involvement in 11 12 competitive decision-making, (2) to whom disclosure is necessary for this litigation, and (3) who 13 has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (c) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for this 15 litigation, and (2) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 16 A); 17 (d) the court and its personnel; 18 (e) professional jury or trial consultants or mock jurors to whom disclosure is reasonably 19 necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be 20 Bound” (Exhibit A), as well as court reporters and their staff and Professional Vendors to whom 21 disclosure is reasonably necessary for this litigation; and (f) the author or recipient of a document containing the information or a custodian or 22 23 24 25 26 27 other person who otherwise possessed or knew the information. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this action by anyone other than itself as 28 -9STIPULATED PROTECTIVE ORDER SF/2655013v1 1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” that 2 Party must: (a) promptly notify in writing the Designating Party. Such notification shall include a 3 4 copy of the subpoena or court order; 5 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 6 other litigation that some or all of the material covered by the subpoena or order is subject to this 7 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued by the 8 9 Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with the 10 11 subpoena or court order shall not produce any information designated in this action as 12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” before a 13 determination by the court from which the subpoena or order issued, unless the Party has 14 obtained the Designating Party’s written permission. The Designating Party shall bear the burden 15 and expense of seeking protection in that court of its confidential material – and nothing in these 16 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 17 disobey a lawful directive from another court. 18 19 20 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a Non-Party in 21 this action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 22 ATTORNEY’S EYES ONLY.” Such information produced by Non-Parties in connection with 23 this litigation is protected by the remedies and relief provided by this Order. Nothing in these 24 provisions should be construed as prohibiting a Non-Party from seeking additional protections. 25 (b) In the event that a Party is required, by a valid discovery request, to produce a 26 Non-Party’s confidential information in its possession, and the Party is subject to an agreement 27 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 28 (1) promptly notify in writing the Requesting Party and the Non-Party that -10STIPULATED PROTECTIVE ORDER SF/2655013v1 1 some or all of the information requested is subject to a confidentiality agreement with a Non- 2 Party; (2) 3 promptly provide the Non-Party with a copy of the Stipulated Protective 4 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of 5 the information requested; and (3) 6 (c) 7 make the information requested available for inspection by the Non-Party. If the Non-Party fails to object or seek a protective order from this court within 14 8 days of receiving the notice and accompanying information, the Party may produce the Non- 9 Party’s confidential information responsive to the discovery request. If the Non-Party timely 10 seeks a protective order, the Party shall not produce any information in its possession or control 11 that is subject to the confidentiality agreement with the Non-Party before a determination by the 12 court.1 Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 13 seeking protection in this court of its Protected Material. 10. 14 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If anyone subject to this order learns that, by inadvertence or otherwise, it has disclosed 15 16 Protected Material to any person or in any circumstance not authorized under this Stipulated 17 Protective Order, that person must immediately (a) notify in writing the Designating Party of the 18 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 19 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 20 made of all the terms of this Order, and (d) request such person or persons to execute the 21 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 11. 22 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 23 24 When a Producing Party gives notice to Receiving Parties that certain inadvertently 25 produced material is subject to a claim of privilege or other protection, the obligations of the 26 27 28 1 The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a Non-Party and to afford the Non-Party an opportunity to protect its confidentiality interests in this court. -11STIPULATED PROTECTIVE ORDER SF/2655013v1 1 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 2 provision is not intended to modify whatever procedure may be established in an e-discovery 3 order that provides for production without prior privilege review. Pursuant to Federal Rule of 4 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 5 communication or information covered by the attorney-client privilege or work product 6 protection, the parties may incorporate their agreement in the stipulated protective order 7 submitted to the court. 8 12. 12.1 9 10 MISCELLANOUS Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 12.2 11 Right to Assert Other Objections. By stipulating to the entry of this Protective 12 Order no Party waives any right it otherwise would have to object to disclosing or producing any 13 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, 14 no Party waives any right to object on any ground to use in evidence of any of the material 15 covered by this Protective Order. 12.3 16 Filing Protected Material. Without written permission from the Designating Party 17 or a court order secured after appropriate notice to all interested persons, a Party may not file any 18 Protected Material in the public record in this action. A Party that seeks to file under seal any 19 Protected Material must comply with Civil Local Rule 141 and General Order 164. Protected 20 Material may only be filed under seal pursuant to a court order authorizing the sealing of the 21 specific Protected Material at issue. If a Receiving Party's request to file Protected Material 22 under seal pursuant to Civil Local Rule 141 and General Order 164 is denied by the court, then 23 the Receiving Party may file the information in the public record. 24 25 13. FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph 4, each 26 Receiving Party must return all Protected Material to the Producing Party or destroy such 27 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 28 compilations, summaries, and any other format reproducing or capturing any of the Protected -12STIPULATED PROTECTIVE ORDER SF/2655013v1 1 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 2 submit a written certification to the Producing Party (and, if not the same person or entity, to the 3 Designating Party) by the 60 day deadline that affirms that the Receiving Party has not retained 4 any copies, abstracts, compilations, summaries or any other format reproducing or capturing any 5 of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 6 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 7 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, 8 and consultant and expert work product, even if such materials contain Protected Material. Any 9 such archival copies that contain or constitute Protected Material remain subject to this 10 Protective Order as set forth in Section 4 (DURATION). 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 13 DATED: __January 24, 2012________ ___\S\ Matthew Fischer___________________ Sedgwick LLP Matthew Fischer Attorneys for Defendants MICHAL SYLVESTRE and SHANNON MARLIN, dba LUSH SALON & SPA DATED: __January 24, 2012________ ___\S\ Rachel K. Zimmerman______________ Merchant & Gould P.C. Rachel K. Zimmerman Attorneys for Plaintiff COSMETIC WARRIORS LIMITED DATED: __January 24, 2012________ ____\S\ Jiyun Cameron Lee ______________ Folger Levin LLP Jiyun Cameron Lee Attorneys for Plaintiff COSMETIC WARRIORS LIMITED 14 15 16 17 18 19 20 21 22 23 24 25 26 SO ORDERED. 27 DATED: January 26, 2012. 28 -13STIPULATED PROTECTIVE ORDER SF/2655013v1 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ 4 5 6 7 8 9 10 11 12 13 [print or type full company name], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Eastern District of California on January 26, 2012 in the case of Cosmetic Warriors Limited v. Michael Sylvestre and Shannon Marlin, dba Lush Salon & Spa, USDC E.D. Cal., 2:11-cv-02269-GEB-FEB. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the 14 15 16 17 Eastern District of California over my person for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. 18 19 Date: ___________________ 20 City and State where sworn and signed: _________________________________________ 21 22 Printed name: ______________________________ Signature: __________________________________ 23 24 25 26 27 28 -14STIPULATED PROTECTIVE ORDER SF/2655013v1

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