Vassel v. Carson Helicopters, Inc., et al.

Filing 80

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig M. Kellison on 1/6/2017. (Michel, G.)

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1 2 3 4 5 6 7 A PROFESSIONAL CORPORATION Martin N. Jensen, SBN 232231 Cruz Rocha, SBN 279293 350 University Avenue, Suite 200 Sacramento, California 95825 TEL: 916.929.1481 FAX: 916.927.3706 Attorneys for Defendant CARSON HELICOPTERS, INC., a Pennsylvania corporation 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 PORTER | SCOTT 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 11 12 MATTHEW JOHN VASSEL, Plaintiff, 13 14 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION v. 15 Case No. 2:13-CV-02520-KJM-CMK CARSON HELICOPTERS, INC.; CARSON HELICOPTER SERVICES, INC.; STEVE METHENY; and LEVI PHILLIPS, 16 17 Defendants. 18 19 20 21 22 23 24 25 26 27 ___________________________________/ 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment 28 {01609041.DOCX} 1 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1 under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, 2 below, that this Stipulated Protective Order does not entitle them to file confidential information 3 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards 4 that will be applied when a party seeks permission from the court to file material under seal. 5 2. 6 7 2.1 10 2.2 Rule of Civil Procedure 26(c). PORTER | SCOTT 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 13 14 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal 11 12 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 8 9 DEFINITIONS 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 15 2.5 Disclosure or Discovery Material: all items or information, regardless of 16 the medium or manner in which it is generated, stored, or maintained (including, among other 17 things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or 18 responses to discovery in this matter. 19 2.6 Expert: a person with specialized knowledge or experience in a matter 20 pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert 21 witness or as a consultant in this action. 22 23 2.7 House Counsel does not include Outside Counsel of Record or any other outside counsel. 24 25 House Counsel: attorneys who are employees of a party to this action. 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 26 2.9 Outside Counsel of Record: attorneys who are not employees of a party to 27 this action but are retained to represent or advise a party to this action and have appeared in this 28 action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that {01609041.DOCX} 2 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1 party. 2 3 2.10 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 4 2.11 5 Discovery Material in this action. 6 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Professional Vendors: persons or entities that provide litigation support 7 services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 8 organizing, storing, or retrieving data in any form or medium) and their employees and 9 subcontractors. 10 PORTER | SCOTT 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 11 2.13 as “CONFIDENTIAL.” 12 13 Protected Material: any Disclosure or Discovery Material that is designated 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 14 3. 15 The protections conferred by this Stipulation and Order cover not only Protected Material 16 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 17 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 18 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 19 However, the protections conferred by this Stipulation and Order do not cover the following 20 information: (a) any information that is in the public domain at the time of disclosure to a 21 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a 22 result of publication not involving a violation of this Order, including becoming part of the public 23 record through trial or otherwise; and (b) any information known to the Receiving Party prior to 24 the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained 25 the information lawfully and under no obligation of confidentiality to the Designating Party. Any 26 use of Protected Material at trial shall be governed by a separate agreement or order. 27 /// 28 /// {01609041.DOCX} SCOPE 3 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1 4. 2 Even after final disposition of this litigation, the confidentiality obligations imposed by this 3 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 4 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 5 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 6 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 7 including the time limits for filing any motions or applications for extension of time pursuant to 8 applicable law. 9 5. 10 DURATION DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each PORTER | SCOTT 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 11 Party or Non-Party that designates information or items for protection under this Order must take 12 care to limit any such designation to specific material that qualifies under the appropriate 13 standards. The Designating Party must designate for protection only those parts of material, 14 documents, items, or oral or written communications that qualify – so that other portions of the 15 material, documents, items, or communications for which protection is not warranted are not 16 swept unjustifiably within the ambit of this Order. 17 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 18 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 19 unnecessarily encumber or retard the case development process or to impose unnecessary 20 expenses and burdens on other parties) expose the Designating Party to sanctions. 21 If it comes to a Designating Party’s attention, that information or items that it designated 22 for protection do not qualify for protection, that Designating Party must promptly notify all other 23 Parties that it is withdrawing the mistaken designation. 24 5.2 Manner and Timing of Designations. Except as otherwise provided in this 25 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 26 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 27 designated before the material is disclosed or produced. 28 Designation in conformity with this Order requires: {01609041.DOCX} 4 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1 (a) for information in documentary form (e.g., paper or electronic 2 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the 3 Producing Party affix the legend “CONFIDENTIAL” to each page that contains protected 4 material. If only a portion or portions of the material on a page qualifies for protection, the 5 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 6 markings in the margins). need not designate them for protection until after the inspecting Party has indicated which material 9 it would like copied and produced. During the inspection and before the designation, all of the 10 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting 11 PORTER | SCOTT A Party or Non-Party that makes original documents or materials available for inspection 8 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 7 Party has identified the documents it wants copied and produced, the Producing Party must 12 determine which documents, or portions thereof, qualify for protection under this Order. Then, 13 before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL” 14 legend to each page that contains Protected Material. If only a portion or portions of the material 15 on a page qualifies for protection, the Producing Party also must clearly identify the protected 16 portion(s) (e.g., by making appropriate markings in the margins). 17 (b) for testimony given in deposition or in other pretrial or trial 18 proceedings, that the Designating Party identify on the record, before the close of the deposition, 19 hearing, or other proceeding, all protected testimony. 20 (c) for information produced in some form other than documentary and 21 for any other tangible items, that the Producing Party affix in a prominent place on the exterior of 22 the container or containers in which the information or item is stored the legend 23 “CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection, 24 the Producing Party, to the extent practicable, shall identify the protected portion(s). 25 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 26 to designate qualified information or items does not, standing alone, waive the Designating Party’s 27 right to secure protection under this Order for such material. Upon timely correction of a 28 designation, the Receiving Party must make reasonable efforts to assure that the material is treated {01609041.DOCX} 5 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1 2 in accordance with the provisions of this Order. 6. 3 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 4 designation of confidentiality at any time. Unless a prompt challenge to a Designating Party’s 5 confidentiality designation is necessary to avoid foreseeable, substantial unfairness, unnecessary 6 economic burdens, or a significant disruption or delay of the litigation, a Party does not waive its 7 right to challenge a confidentiality designation by electing not to mount a challenge promptly after 8 the original designation is disclosed. 9 6.2 Meet and Confer. The Challenging Party shall initiate the dispute PORTER | SCOTT resolution process by providing written notice of each designation it is challenging and describing 11 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 10 the basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the 12 written notice must recite that the challenge to confidentiality is being made in accordance with 13 this specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge 14 in good faith and must begin the process by conferring directly (in voice to voice dialogue; other 15 forms of communication are not sufficient) within 14 days of the date of service of notice. In 16 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 17 designation was not proper and must give the Designating Party an opportunity to review the 18 designated material, to reconsider the circumstances, and, if no change in designation is offered, to 19 explain the basis for the chosen designation. A Challenging Party may proceed to the next stage of 20 the challenge process only if it has engaged in this meet and confer process first or establishes that 21 the Designating Party is unwilling to participate in the meet and confer process in a timely 22 manner. 23 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 24 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 25 Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of 26 the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer 27 process will not resolve their dispute, whichever is earlier. Each such motion must be 28 accompanied by a competent declaration affirming that the movant has complied with the meet {01609041.DOCX} 6 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1 and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to 2 make such a motion including the required declaration within 21 days (or 14 days, if applicable) 3 shall automatically waive the confidentiality designation for each challenged designation. In 4 addition, the Challenging Party may file a motion challenging a confidentiality designation at any 5 time if there is good cause for doing so, including a challenge to the designation of a deposition 6 transcript or any portions thereof. Any motion brought pursuant to this provision must be 7 accompanied by a competent declaration affirming that the movant has complied with the meet 8 and confer requirements imposed by the preceding paragraph. Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 11 PORTER | SCOTT The burden of persuasion in any such challenge proceeding shall be on the Designating 10 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 9 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 12 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 13 file a motion to retain confidentiality as described above, all parties shall continue to afford the 14 material in question the level of protection to which it is entitled under the Producing Party’s 15 designation until the court rules on the challenge. 16 7. 17 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 18 disclosed or produced by another Party or by a Non-Party in connection with this case only for 19 prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be 20 disclosed only to the categories of persons and under the conditions described in this Order. When 21 the litigation has been terminated, a Receiving Party must comply with the provisions of section 22 13 below (FINAL DISPOSITION). 23 24 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 26 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 27 disclose any information or item designated “CONFIDENTIAL” only to: 28 (a) {01609041.DOCX} the Receiving Party’s Outside Counsel of Record in this action, as 7 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1 well as employees of said Outside Counsel of Record to whom it is reasonably necessary to 2 disclose the information for this litigation and who have signed the “Acknowledgment and 3 Agreement to Be Bound” that is attached hereto as Exhibit A; 4 (b) the officers, directors, and employees (including House Counsel) of 5 the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have 6 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 (c) Experts (as defined in this Order) of the Receiving Party to whom 8 disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment 9 and Agreement to Be Bound” (Exhibit A); PORTER | SCOTT (d) the court and its personnel; 11 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 10 (e) court reporters and their staff, professional jury or trial consultants, 12 mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 13 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (f) during their depositions, witnesses in the action to whom disclosure 15 is reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 16 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 17 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 18 separately bound by the court reporter and may not be disclosed to anyone except as permitted 19 under this Stipulated Protective Order. 20 21 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 22 8. 23 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 24 If a Party is served with a subpoena or a court order issued in other litigation that compels 25 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 26 must: (a) 27 28 promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; {01609041.DOCX} 8 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1 (b) promptly notify in writing the party who caused the subpoena or order to 2 issue in the other litigation that some or all of the material covered by the subpoena or order is 3 subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective 4 Order; and 5 6 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. or court order shall not produce any information designated in this action as “CONFIDENTIAL” 9 before a determination by the court from which the subpoena or order issued, unless the Party has 10 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 11 PORTER | SCOTT If the Designating Party timely seeks a protective order, the Party served with the subpoena 8 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 7 expense of seeking protection in that court of its confidential material – and nothing in these 12 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 13 disobey a lawful directive from another court. 14 9. 15 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 16 (a) The terms of this Order are applicable to information produced by a Non- 17 Party in this action and designated as “CONFIDENTIAL.” Such information produced by Non- 18 Parties in connection with this litigation is protected by the remedies and relief provided by this 19 Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 20 additional protections. (b) 21 In the event that a Party is required, by a valid discovery request, to produce 22 a Non-Party’s confidential information in its possession, and the Party is subject to an agreement 23 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: (1) 24 promptly notify in writing the Requesting Party and the Non-Party 25 that some or all of the information requested is subject to a confidentiality agreement with a Non- 26 Party; (2) 27 28 promptly provide the Non-Party with a copy of the Stipulated Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific {01609041.DOCX} 9 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1 description of the information requested; and 2 3 (3) make the information requested available for inspection by the Non- Party. 4 (c) If the Non-Party fails to object or seek a protective order from this court 5 within 14 days of receiving the notice and accompanying information, the Receiving Party may 6 produce the Non-Party’s confidential information responsive to the discovery request. If the Non- 7 Party timely seeks a protective order, the Receiving Party shall not produce any information in its 8 possession or control that is subject to the confidentiality agreement with the Non-Party before a 9 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 10 burden and expense of seeking protection in this court of its Protected Material. PORTER | SCOTT 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 11 10. 12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 13 Material to any person or in any circumstance not authorized under this Stipulated Protective 14 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 15 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 16 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 17 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 18 Agreement to Be Bound” that is attached hereto as Exhibit A. 19 11. 20 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 21 When a Producing Party gives notice to Receiving Parties that certain inadvertently 22 produced material is subject to a claim of privilege or other protection, the obligations of the 23 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 24 provision is not intended to modify whatever procedure may be established in an e-discovery order 25 that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 26 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 27 communication or information covered by the attorney-client privilege or work product protection, 28 the parties may incorporate their agreement in the stipulated protective order submitted to the {01609041.DOCX} 10 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1 2 court. 12. 3 4 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 5 12.2 Right to Assert Other Objections. By stipulating to the entry of this 6 Protective Order no Party waives any right it otherwise would have to object to disclosing or 7 producing any information or item on any ground not addressed in this Stipulated Protective 8 Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of 9 the material covered by this Protective Order. 10 12.3 Filing Protected Material. Without written permission from the Designating PORTER | SCOTT 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 11 Party or a court order secured after appropriate notice to all interested persons, a Party may not file 12 in the public record in this action any Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 14 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 15 issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request 16 establishing that the Protected Material at issue is privileged, protectable as a trade secret, or 17 otherwise entitled to protection under the law. If a Receiving Party's request to file Protected 18 Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the Receiving 19 Party may file the information in the public record pursuant to Civil Local Rule 79-5(e) unless 20 otherwise instructed by the court. 21 13. 22 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 23 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 24 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 25 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 26 the Protected Material is returned or destroyed, the Receiving Party must submit a written 27 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 28 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected {01609041.DOCX} FINAL DISPOSITION 11 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1 Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained 2 any copies, abstracts, compilations, summaries or any other format reproducing or capturing any 3 of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 4 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 5 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 6 consultant and expert work product, even if such materials contain Protected Material. Any such 7 archival copies that contain or constitute Protected Material remain subject to this Protective Order 8 as set forth in Section 4 (DURATION). 9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 PORTER | SCOTT 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 11 DATED:____________ BARR & MUDFORD LLP 12 By: _____________________________________ Attorneys for Plaintiff Matthew John Vassel 13 14 15 PORTER SCOTT, A Professional Corporation 16 17 DATED: ____________ 18 By: ____________________________________ Attorneys for Defendant Carson Helicopters, Inc. 19 PURSUANT TO STIPULATION, IT IS SO ORDERED. 20 21 22 Dated: January 6, 2017 23 24 25 26 27 28 {01609041.DOCX} 12 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, _____________________________ [print or type full name], of _________________ [print or 5 type full address], declare under penalty of perjury that I have read in its entirety and understand 6 the Stipulated Protective Order that was issued by the United States District Court for the 7 Northern District of California on [date] in the case of ___________ [insert formal name of the 8 case and the number and initials assigned to it by the court]. I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that 10 failure to so comply could expose me to sanctions and punishment in the nature of contempt. I 11 PORTER | SCOTT EXHIBIT A 3 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 2 solemnly promise that I will not disclose in any manner any information or item that is subject to 12 this Stipulated Protective Order to any person or entity except in strict compliance with the 13 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 Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of this action. 17 I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and telephone 19 number] as my California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Stipulated Protective Order. 21 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28 {01609041.DOCX} 13 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

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