Sream, Inc. v. Nahal

Filing 12

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)
[e-mail]
NEXIO, PC
245 Fischer Avenue
Suite C3
Costa Mesa, CA 92626
Phone:
[phone]
Facsimile: [phone]
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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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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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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