Sream, Inc. v. Nahal
Filing
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STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Deborah Barnes on 6/6/2018. (York, M)
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Imran F. Vakil, Esq. (Bar No. 248859)
ivakil@nexiolaw.com
NEXIO, PC
245 Fischer Avenue
Suite C3
Costa Mesa, CA 92626
Phone:
(949) 478-6830
Facsimile: (949) 478-1275
Attorneys for Plaintiff, Sream, Inc.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SREAM, INC, a California corporation,
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Plaintiff,
STIPULATION AND PROTECTIVE
ORDER
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No. 2:18-cv-00283 TLN DB
v.
HITESHWAR NAHAL, et al.,
Defendants.
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Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Plaintiff Sream, Inc.
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(“Plaintiff”), and Defendant Hiteshwar Nahal (“Defendant”), through counsel undersigned,
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jointly submit this Stipulated Protective Order to govern the handling of information and
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materials produced in the course of discovery or filed with the Court in this action;
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1. PURPOSES AND LIMITATIONS.
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1.1. Purpose and Limitations. Disclosure and discovery activity in this action are likely
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to involve production of confidential, proprietary, or private information for which
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special protection from public disclosure and from use for any purpose other than
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prosecuting this litigation may be warranted. Accordingly, the parties hereby
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stipulate to and petition the court to enter the following Stipulated Protective Order.
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PROTECTIVE ORDER
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The parties acknowledge that this Order does not confer blanket protections on all
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disclosures or responses to discovery and that the protection it affords from public
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disclosure and use extends only to the limited information or items that are entitled
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to confidential treatment under the applicable legal principles. The parties further
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acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective
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Order does not entitle them to file confidential information under seal; Civil Local
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Rule 141 sets forth the procedures that must be followed and the standards that will
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be applied when a party seeks permission from the court to file material under seal.
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2. DEFINITIONS.
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2.1. Action: The above captioned federal lawsuit.
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2.2. “ATTORNEYS’ EYES ONLY” Information or Items: extremely sensitive
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“Confidential Information or Items,” disclosure of which to another Party or Non-
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Party would create a substantial risk of serious harm that could not be avoided by
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less restrictive means.
2.3. Challenging Party: a Party or Non-Party that challenges the designation of
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information or items under this Order.
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2.4. “CONFIDENTIAL” Information or Items: information (regardless of how it is
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generated, stored or maintained) or tangible things that qualify for protection under
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Federal Rule of Civil Procedure 26(c).
2.5. Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well
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as their support staff).
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2.6. Designating Party: a Party or Non-Party that designates information or items that it
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produces in disclosures or in responses to discovery as “CONFIDENTIAL” or
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“ATTORNEYS’ EYES ONLY”.
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2.7. Disclosure or Discovery Material: all items or information, regardless of the
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medium or manner in which it is generated, stored, or maintained (including, among
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PROTECTIVE ORDER
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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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2.8. Expert: a person with specialized knowledge or experience in a matter pertinent to
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the litigation who (1) has been retained by a Party or its counsel to serve as an
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expert witness or as a consultant in this action, (2) is not a past or current employee
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of a Party or of a Party’s competitor, and (3) at the time of retention, is not
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anticipated to become an employee of a Party or of a Party’s competitor.
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2.9. House Counsel: attorneys who are employees of a party to this action. House
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Counsel does not include Outside Counsel of Record or any other outside counsel.
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2.10. Non-Party: any natural person, partnership, corporation, association, or other legal
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entity not named as a Party to this action.
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2.11. Outside Counsel of Record: attorneys who are not employees of a party to this
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action but are retained to represent or advise a party to this action and have appeared
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in this action on behalf of that party or are affiliated with a law firm which has
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appeared on behalf of that party.
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2.12. Party: any party to this action, including all of its officers, directors, employees,
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consultants, retained experts, and Outside Counsel of Record (and their support
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staffs).
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2.13. Producing Party: a Party or Non-Party that produces Disclosure or Discovery
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Material in this action.
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2.14. Professional Vendors: persons or entities that provide litigation support services
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(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations,
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and organizing, storing, or retrieving data in any form or medium) and their
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employees and subcontractors.
2.15. Protected Material: any Disclosure or Discovery Material that is designated as
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“CONFIDENTIAL,” or as “ATTORNEYS’ EYES ONLY.”
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2.16. Receiving Party: a Party that receives Disclosure or Discovery Material from a
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Producing Party.
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PROTECTIVE ORDER
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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 or
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their Counsel that might reveal Protected Material. Any use of Protected Material at
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trial shall be governed by the orders of a trial judge. This Order does not govern the use
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of Protected Material at trial.
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3.1. Exclusions. The protections conferred by this Stipulation and Order do not cover the
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following information: (a) any information that is in the public domain at the time of
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disclosure to a Receiving Party or becomes part of the public domain after its
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disclosure to a Receiving Party as a result of publication not involving a violation of
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this Order, including becoming part of the public record through trial or otherwise;
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(b) any information known to the Receiving Party prior to the disclosure or obtained
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by the Receiving Party after the disclosure from a source who obtained the
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information lawfully and under no obligation of confidentiality to the Designating
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Party; and (c) any Protected Material that is disclosed at trial that was not afforded
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protection by the trial judge.
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4. DURATION. Consistent with the exclusions set forth in Section 3.1, even after final
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disposition of this litigation, the confidentiality obligations imposed by this Order shall
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remain in effect until a Designating Party agrees otherwise in writing or a court order
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otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all
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claims and defenses in this action, with or without prejudice; and (2) final judgment
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herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or
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reviews of this action, including the time limits for filing any motions or applications for
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extension of time pursuant to applicable law.
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PROTECTIVE ORDER
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5. DESIGNATING PROTECTED MATERIAL.
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5.1. Exercise of Restraint and Care in Designating Material for Protection. Each Party or
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Non-Party that designates information or items for protection under this Order must
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take care to limit any such designation to specific material that qualifies under the
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appropriate standards. To the extent it is practical to do so, the Designating Party
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must designate for protection only those parts of material, documents, items, or oral
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or written communications that qualify – so that other portions of the material,
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documents, items, or communications for which protection is not warranted are not
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swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or
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routinized designations are prohibited. Designations that are shown to be clearly
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unjustified or that have been made for an improper purpose (e.g., to unnecessarily
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encumber or retard the case development process or to impose unnecessary
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expenses and burdens on other parties) expose the Designating Party to sanctions. If
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it comes to a Designating Party’s attention that information or items that it
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designated for protection do not qualify for protection at all or do not qualify for the
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level of protection initially asserted, that Designating Party must promptly notify all
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other parties that it is withdrawing the mistaken/inapplicable designation.
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5.2. Manner and Timing of Designations. Except as otherwise provided in this Order
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(see, e.g., second paragraph of section 5.2.1 below), or as otherwise stipulated or
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ordered, Disclosure or Discovery Material that qualifies for protection under this
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Order must be clearly so designated before the material is disclosed or produced.
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Designation in conformity with this Order requires:
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5.2.1. Documents: for information in documentary form (e.g., paper or electronic
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documents, but excluding transcripts of depositions or other pretrial or trial
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proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or
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“ATTORNEYS’ EYES ONLY” to each page that contains protected material. If
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only a portion or portions of the material on a page qualifies for protection, the
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Producing Party also must clearly identify the protected portion(s) (e.g., by
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making appropriate markings in the margins) and must specify, for each portion,
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the level of protection being asserted.
5.2.2. Originals: A Party or Non-Party that makes original documents or materials
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available for inspection need not designate them for protection until after the
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inspecting Party has indicated which material it would like copied and produced.
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During the inspection and before the designation, all of the material made
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available for inspection shall be deemed “ATTORNEYS’ EYES ONLY.” After
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the inspecting Party has identified the documents it wants copied and produced,
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the Producing Party must determine which documents, or portions thereof,
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qualify for protection under this Order. Then, before producing the specified
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documents, the Producing Party must affix the appropriate legend
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(“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY to each page that
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contains Protected Material. If only a portion or portions of the material on a
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page qualifies for protection, the Producing Party also must clearly identify the
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protected portion(s) (e.g., by making appropriate markings in the margins) and
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must specify, for each portion, the level of protection being asserted.
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5.2.3. Testimony: for testimony given in deposition that the Designating Party
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identify on the record, before the close of the deposition, all protected testimony
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and specify the level of protection being asserted. When it is impractical to
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identify separately each portion of testimony that is entitled to protection and it
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appears that substantial portions of the testimony may qualify for protection, the
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Designating Party may invoke on the record (before the deposition, hearing, or
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other proceeding is concluded) a right to have up to 21 days to identify the
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specific portions of the testimony as to which protection is sought and to specify
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the level of protection being asserted. Only those portions of the testimony that
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are appropriately designated for protection within the 21 days shall be covered
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by the provisions of this Stipulated Protective Order.
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PROTECTIVE ORDER
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5.2.4. Other items: for information produced in some form other than documentary
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and for any other tangible items, that the Producing Party affix in a prominent
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place on the exterior of the container or containers in which the information or
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item is stored the legend “CONFIDENTIAL” or “ATTORNEYS’ EYES
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ONLY”. If only a portion or portions of the information or item warrant
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protection, the Producing Party, to the extent practicable, shall identify the
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protected portion(s) and specify the level of protection being asserted.
5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
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designate qualified information or items does not, standing alone, waive the
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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. CHALLENGING CONFIDENTIALITY DESIGNATIONS.
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6.1. Timing of Challenges. Any Party or Non-Party may challenge a designation of
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confidentiality at any time that is consistent with the Court’s scheduling Order.
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Unless a prompt challenge to a Designating Party’s confidentiality designation is
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necessary to avoid foreseeable, substantial unfairness, unnecessary economic
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burdens, or a significant disruption or delay of the litigation, a Party does not waive
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its right to challenge a confidentiality designation by electing not to mount a
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challenge promptly after the original designation is disclosed
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6.2. Meet and Confer. The Challenging Party shall initiate the dispute resolution process
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by providing written notice of each designation it is challenging and describing the
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basis for each challenge. To avoid ambiguity as to whether a challenge has been
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made, the written notice must recite that the challenge to confidentiality is being
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made in accordance with this specific paragraph of the Protective Order. The parties
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shall attempt to resolve each challenge in good faith and must begin the process by
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conferring directly (in voice to voice dialogue; other forms of communication are
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not sufficient) within 14 days of the date of service of notice. In conferring, the
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Challenging Party must explain the basis for its belief that the confidentiality
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designation was not proper and must give the Designating Party an opportunity to
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review the designated material, to reconsider the circumstances, and, if no change in
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designation is offered, to explain the basis for the chosen designation. A
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Challenging Party may proceed to the next stage of the challenge process only if it
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has engaged in this meet and confer process first or establishes that the Designating
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Party is unwilling to participate in the meet and confer process in a timely manner.
6.3. Judicial Intervention. If the Parties cannot resolve a challenge without court
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intervention, the Designating Party shall file and serve a motion to retain
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confidentiality under Civil Local Rule 140, 230, and 251 (and in compliance with
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Civil Local Rule 141, if applicable) within 21 days of the initial notice of challenge
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or within 14 days of the parties agreeing that the meet and confer process will not
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resolve their dispute, whichever is earlier. Each such motion must be accompanied
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by a competent declaration affirming that the movant has complied with the meet
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and confer requirements imposed in the preceding paragraph. Failure by the
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Designating Party to make such a motion including the required declaration within
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21 days (or 14 days, if applicable) shall automatically waive the confidentiality
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designation for each challenged designation. In addition, the Challenging Party may
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file a motion challenging a confidentiality designation at any time if there is good
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cause for doing so, including a challenge to the designation of a deposition transcript
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or any portions thereof. Any motion brought pursuant to this provision must be
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accompanied by a competent declaration affirming that the movant has complied
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with the meet and confer requirements imposed by the preceding paragraph.
6.4. The burden of persuasion in any such challenge proceeding shall be on the
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Designating Party. Frivolous challenges and those made for an improper purpose
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(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
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expose the Challenging Party to sanctions. Unless the Designating Party has waived
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the confidentiality designation by failing to file a motion to retain confidentiality as
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described above, all parties shall continue to afford the material in question the level
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of protection to which it is entitled under the Producing Party’s designation until the
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court rules on the challenge.
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7. ACCESS TO AND USE OF PROTECTED MATERIAL.
7.1. Basic Principles. A Receiving Party may use Protected Material that is disclosed or
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produced by another Party or by a Non-Party in connection with this case only for
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prosecuting, defending, or attempting to settle this litigation. Such Protected
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Material may be disclosed only to the categories of persons and under the conditions
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described in this Order. When the litigation has been terminated, a Receiving Party
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must comply with the provisions of section 13 below (FINAL DISPOSITION).
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Protected Material must be stored and maintained by a Receiving Party at a location
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and in a secure manner that ensures that access is limited to the persons authorized
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under this Order.
7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
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by the court or permitted in writing by the Designating Party, a Receiving Party may
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disclose any information or item designated “CONFIDENTIAL” only to:
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7.2.1. the Receiving Party’s Outside Counsel of Record in this action, as well as
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employees of said Outside Counsel of Record to whom it is reasonably
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necessary to disclose the information for this Action;
7.2.2. the officers, directors, and employees (including House Counsel) of the
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Receiving Party to whom disclosure is reasonably necessary for this litigation
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and who have signed the “Acknowledgment and Agreement to Be Bound”
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(Exhibit A);
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7.2.3. Experts (as defined in this Order) of the Receiving Party 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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7.2.4. the court and its personnel;
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7.2.5. court reporters and their staff;
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7.2.6. professional jury or trial consultants, and Professional Vendors to whom
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disclosure is reasonably necessary for this litigation and who have signed the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A);
7.2.7. the author or recipient of a document containing the information or a custodian
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or other person who otherwise possessed or knew the information;
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7.2.8. 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 deposition
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testimony or exhibits to depositions that reveal Protected Material must be
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separately bound by the court reporter and may not be disclosed to anyone
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except as permitted under this Stipulated Protective Order; and
7.2.9. Any mediator or settlement officer, and their supporting personnel, mutually
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agreed upon by any of the parties engaged in settlement discussions.
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7.3. Disclosure of “ATTORNEYS’ EYES ONLY” Information or Items. Unless
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otherwise 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 “ATTORNEYS’
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EYES ONLY” only to:
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7.3.1. the Receiving Party’s Outside Counsel of Record in this action, as well as
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employees of said Outside Counsel of Record to whom it is reasonably
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necessary to disclose the information for this Action;
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7.3.2. Experts of the Receiving Party (1) to whom disclosure is reasonably necessary
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for this litigation, and (2) who have signed the “Acknowledgment and
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Agreement to Be Bound” (Exhibit A);
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7.3.3. the court and its personnel;
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7.3.4. court reporters and their staff;
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7.3.5. professional jury or trial consultants, and Professional Vendors to whom
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disclosure is reasonably necessary for this litigation and who have signed the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A);
7.3.6. the author or recipient of a document containing the information or a custodian
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or other person who otherwise possessed or knew the information; and
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7.3.7. Any mediator or settlement officer, and their supporting personnel, mutually
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agreed upon by any of the parties engaged in settlement discussions.
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7.4. Procedures for Approving or Objecting to Disclosure of “ATTORNEYS’ EYES
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ONLY” Information or Items to Designated House Counsel or Experts.
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7.4.1. Unless otherwise ordered by the court or agreed to in writing by the
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Designating Party, a Party that seeks to disclose to Designated House Counsel
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any information or item that has been designated “ATTORNEYS’ EYES
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ONLY” pursuant to paragraph 7.3 et seq. first must make a written request to the
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Designating Party that (1) sets forth the full name of the Designated House
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Counsel and the city and state of his or her residence, and (2) describes the
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Designated House Counsel’s current and reasonably foreseeable future primary
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job duties and responsibilities in sufficient detail to determine if House Counsel
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is involved, or may become involved, in any competitive decision-making.
7.4.2. Unless otherwise ordered by the court or agreed to in writing by the
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Designating Party, a Party that seeks to disclose to an Expert (as defined in this
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Order) any information or item that has been designated “ATTORNEYS’ EYES
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ONLY” pursuant to paragraph 7.3 et seq. first must make a written request to the
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Designating Party that (1) identifies the general categories of “ATTORNEYS’
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EYES ONLY” information that the Receiving Party seeks permission to disclose
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to the Expert, (2) sets forth the full name of the Expert and the city and state of
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his or her primary residence, (3) attaches a copy of the Expert’s current resume,
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(4) identifies the Expert’s current employer(s), (5) identifies each person or
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entity from whom the Expert has received compensation or funding for work in
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his or her areas of expertise or to whom the expert has provided professional
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services, including in connection with a litigation, at any time during the
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preceding five years, and (6) identifies (by name and number of the case, filing
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date, and location of court) any litigation in connection with which the Expert
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has offered expert testimony, including through a declaration, report, or
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testimony at a deposition or trial, during the preceding five years.
7.4.3. A Party that makes a request and provides the information specified in the
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preceding respective paragraphs may disclose the subject Protected Material to
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the identified Designated House Counsel or Expert unless, within 14 days of
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delivering the request, the Party receives a written objection from the
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Designating Party. Any such objection must set forth in detail the grounds on
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which it is based.
7.4.4. A Party that receives a timely written objection must meet and confer with the
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Designating Party (through direct voice to voice dialogue) to try to resolve the
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matter by agreement within seven days of the written objection. If no agreement
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is reached, the Party seeking to make the disclosure to Designated House
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Counsel or the Expert may file a motion as provided in Civil Local Rule 230
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(and in compliance with Civil Local Rule 141, if applicable) seeking permission
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from the court to do so. Any such motion must describe the circumstances with
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specificity, set forth in detail the reasons why the disclosure to Designated
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House Counsel or the Expert is reasonably necessary, assess the risk of harm
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that the disclosure would entail, and suggest any additional means that could be
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used to reduce that risk. In addition, any such motion must be accompanied by a
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competent declaration describing the parties’ efforts to resolve the matter by
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agreement (i.e., the extent and the content of the meet and confer discussions)
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and setting forth the reasons advanced by the Designating Party for its refusal to
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approve the disclosure. Any motion to challenge a Party’s designation of
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material as Protected Material or seeking permission to disclose Protected
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Material to Designated House Counsel or an Expert must be brought in
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strict compliance with Local Rules 140, 230, and 251, in their entirety.
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In any such proceeding, the Party opposing disclosure to Designated House Counsel
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or the Expert shall bear the burden of proving that the risk of harm that the disclosure
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would entail (under the safeguards proposed) outweighs the Receiving Party’s need to
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disclose the Protected Material to its Designated House Counsel or Expert.
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8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
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OTHER LITIGATION. If a Party is served with a subpoena or a court order issued in
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other litigation that compels disclosure of any information or items designated in this
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action as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” that Party must: (a)
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promptly notify in writing the Designating Party. Such notification shall include a copy
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of the subpoena or court order; (b) promptly notify in writing the party who caused the
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subpoena or order 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
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include a copy of this Stipulated Protective Order; and (c) cooperate with respect to all
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reasonable procedures sought to be pursued by the Designating Party whose Protected
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Material may be affected.
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8.1. Right to Seek Protective Order. If the Designating Party timely seeks a protective
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order, the Party served with the subpoena or court order shall not produce any
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information designated in this action as “CONFIDENTIAL” or “ATTORNEYS’
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EYES ONLY” before a determination by the court from which the subpoena or
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order issued, unless the Party has obtained the Designating Party’s permission. The
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Designating Party shall bear the burden and expense of seeking protection in that
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court of its confidential material – and nothing in these provisions should be
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construed as authorizing or encouraging a Receiving Party in this action to disobey a
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lawful directive from another court.
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9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
THIS LITIGATION.
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9.1. The terms of this Order are applicable to information produced by a Non-Party in
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this action and designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES
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ONLY”. Such information produced by Non-Parties in connection with this
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litigation is protected by the remedies and relief provided by this Order. Nothing in
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these provisions should be construed as prohibiting a Non-Party from seeking
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additional protections.
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9.2. In the event that a Party is required, by a valid discovery request, to produce a Non-
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Party’s confidential information in its possession, and the Party is subject to an
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agreement with the Non-Party not to produce the Non-Party’s confidential
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information, then the Party shall: (a) promptly notify in writing the Requesting Party
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and the Non-Party that some or all of the information requested is subject to a
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confidentiality agreement with a Non-Party; (b) promptly provide the Non-Party
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with a copy of the Stipulated Protective Order in this litigation, the relevant
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discovery request(s), and a reasonably specific description of the information
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requested; and (c) make the information requested available for inspection by the
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Non-Party.
9.3. If the Non-Party fails to object or seek a protective order from this court within 14
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days of receiving the notice and accompanying information, the Receiving Party
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may produce the Non-Party’s confidential information responsive to the discovery
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request. If the Non-Party timely seeks a protective order, the Receiving Party shall
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not produce any information in its possession or control that is subject to the
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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
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expense of seeking protection in this court of its Protected Material.
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10.UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. If a Receiving
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Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to
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any person or in any circumstance not authorized under this Stipulated Protective Order,
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the Receiving Party must immediately (a) notify in writing the Designating Party of the
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unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of
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the Protected Material, (c) inform the person or persons to whom unauthorized
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disclosures were made of all the terms of this Order, and (d) request such person or
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persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached
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hereto as Exhibit A.
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11.INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
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PROTECTED MATERIAL. When a Producing Party gives notice to Receiving
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Parties that certain inadvertently produced material is subject to a claim of privilege or
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other protection, the obligations of the Receiving Parties are those set forth in Federal
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Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever
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procedure may be established in an e-discovery order that provides for production
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without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e),
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insofar as the parties reach an agreement on the effect of disclosure of a communication
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or 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 to
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the court.
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12.MISCELLANEOUS.
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PROTECTIVE ORDER
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12.1. Right to Further Relief. Nothing in this Order abridges the right of any person to
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seek its modification by the court in the future.
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12.2. Right to Assert Other Objections. By stipulating to the entry of this Protective Order
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no Party waives any right it otherwise would have to object to disclosing or
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producing any information or item on any ground not addressed in this Stipulated
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Protective Order. Similarly, no Party waives any right to object on any ground to use
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in evidence of any of the material covered by this Protective Order.
12.3. Filing Protected Material. Without written permission from the Designating Party or
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a court order secured after appropriate notice to all interested persons, a Party may
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not file in the public record in this action any Protected Material. A Party that seeks
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to file under seal any Protected Material must comply with Civil Local Rule 141.
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Protected Material may only be filed under seal pursuant to a court order authorizing
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the sealing of the specific Protected Material at issue. Pursuant to Civil Local Rule
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141, a sealing order will issue only upon a request establishing that the Protected
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Material at issue is privileged, protectable as a trade secret, or otherwise entitled to
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protection under the law. If a Receiving Party's request to file Protected Material
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under seal pursuant to Civil Local Rule 141 is denied by the court, then the
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Receiving Party may file the Protected Material in the public record pursuant to
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Civil Local Rule 141(d) unless otherwise instructed by the court.
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13.FINAL DISPOSITION. Within 60 days after the final disposition of this action, as
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defined in paragraph 4, each Receiving Party must return all Protected Material to the
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Producing Party or destroy such material. As used in this subdivision, “all Protected
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Material” includes all copies, abstracts, compilations, summaries, and any other format
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reproducing or capturing any of the Protected Material. Whether the Protected Material
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is returned 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 the
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60-day deadline that (1) identifies (by category, where appropriate) all the Protected
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PROTECTIVE ORDER
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Material that was returned or destroyed and (2) affirms that the Receiving Party has not
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retained any copies, abstracts, compilations, summaries or any other format reproducing
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or capturing any of the Protected Material. Notwithstanding this provision, Counsel are
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entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and
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hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits,
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expert reports, attorney work product, and consultant and expert work product, even if
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such materials contain Protected Material. Any such archival copies that contain or
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constitute Protected Material remain subject to this Protective Order as set forth in
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Section 4 (DURATION).
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14. REMEDIES. Any violation of this Order may be punished by any and all appropriate
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measures including, without limitation, contempt proceedings and/or monetary
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sanctions.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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Dated: May 30, 2018
NEXIO, PC
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By:
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/s/ Imran F. Vakil /
Imran F. Vakil,
Attorneys for Plaintiff, Sream Inc.
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Dated: May 30, 2018
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GRANT, GENOVESE & BARATTA,
LLP
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By:
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/s/ Jason S. Roberts /
Jason S. Roberts
Attorneys for Defendant
Hiteshwar Nahal
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PROTECTIVE ORDER
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ORDER
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Pursuant to the parties’ stipulation, IT IS SO ORDERED.
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IT IS FURTHER ORDERED THAT:
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1. Requests to seal documents shall be made by motion before the same judge who will
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decide the matter related to that request to seal.
2. The designation of documents (including transcripts of testimony) as confidential
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pursuant to this order does not automatically entitle the parties to file such a document with the
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court under seal. Parties are advised that any request to seal documents in this district is governed
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by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a
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written order of the court after a specific request to seal has been made. L.R. 141(a). However, a
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mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires
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that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing,
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the requested duration, the identity, by name or category, of persons to be permitted access to the
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document, and all relevant information.” L.R. 141(b).
3. A request to seal material must normally meet the high threshold of showing that
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“compelling reasons” support secrecy; however, where the material is, at most, “tangentially
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related” to the merits of a case, the request to seal may be granted on a showing of “good cause.”
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Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana
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v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006).
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4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of
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certain documents, at any court hearing or trial – such determinations will only be made by the
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court at the hearing or trial, or upon an appropriate motion.
5. With respect to motions regarding any disputes concerning this protective order which
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the parties cannot informally resolve, the parties shall follow the procedures outlined in Local
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Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex
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parte basis or on shortened time.
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PROTECTIVE ORDER
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6. The parties may not modify the terms of this Protective Order without the court’s
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approval. If the parties agree to a potential modification, they shall submit a stipulation and
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proposed order for the court’s consideration.
7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement
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of the terms of this Protective Order after the action is terminated.
8. Any provision in the parties’ stipulation that is in conflict with anything in this order is
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hereby DISAPPROVED.
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Dated: June 6, 2018
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DLB:6
DB\orders\orders.civil\sream0283.stip.prot.ord
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PROTECTIVE ORDER
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ATTACHMENT A
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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
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that 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 Eastern District of California in the case
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of Sream, Inc. v. Hiteshwar Nahal, et al., Case No. 2:18−CV−00283−TLN−DB. I agree to
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comply with and to be bound by all the terms of this Stipulated Protective Order and I
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understand and acknowledge that failure to so comply could expose me to sanctions and
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punishment in the nature of contempt. I solemnly promise that I will not disclose in any
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manner any information or item that is subject to this Stipulated Protective Order to any
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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
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Eastern District of California for the purpose of enforcing the terms of this Stipulated
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Protective Order, even if such enforcement proceedings occur after termination of this
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action.
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I hereby appoint __________________________ [print or type full name] of
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_______________________________________ [print or type full address and telephone
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number] as my California agent for service of process in connection with this action or any
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proceedings related to enforcement of this Stipulated Protective 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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PROTECTIVE ORDER
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