Davis v. Shutterstock, Inc.

Filing 44

STIPUALTED PROTECTIVE ORDER signed by Magistrate Judge Sean C. Riordan on 11/22/2024. (Woodson, A)

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1 2 3 4 5 6 JENNER & BLOCK LLP Kate T. Spelman (SBN 269109) kspelman@jenner.com Kristen Green (SBN 328618) kgreen@jenner.com 515 South Flower Street, Suite 3300 Los Angeles, CA 90071-2246 Telephone: +1 213 239 5100 Facsimile: +1 213 239 5199 Attorneys for Defendant Shutterstock, Inc. 7 8 9 10 11 KJC LAW GROUP, A.P.C. Kevin J. Cole (SBN 321555) kevin@kjclawgroup.com W. Blair Castle (SBN 354085) blair@kjclawgroup.com 9701 Wilshire Boulevard, Suite 1000 Beverly Hills, CA 90212 Telephone: +1 310 861 7797 TAULER SMITH, LLP Robert Tauler (SBN 241964) rtauler@taulersmith.com 626 Wilshire Boulevard, Suite 510 Los Angeles, CA 90017 Telephone: +1 310 590 3927 12 Attorneys for Plaintiff Bridgette Davis 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 SACRAMENTO DIVISION 16 17 BRIDGETTE DAVIS, individually and on behalf of all others similarly situated, 18 Plaintiff, 19 20 21 22 Case No. 2:23-cv-01241-DJC-SCR [PROPOSED] STIPULATED PROTECTIVE ORDER Judge: The Honorable Sean C. Riordan Ctrm: 27, 8th Floor v. SHUTTERSTOCK, INC., a Delaware corporation; and DOES 1 to 10, inclusive, Defendant. 23 24 25 26 27 28 30 31 1 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:23-cv-01241-DJC-SCR 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 6 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 7 all disclosures or responses to discovery and that the protection it affords from public disclosure 8 and use extends only to the limited information or items that are entitled to confidential treatment 9 under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, 10 below, that this Stipulated Protective Order does not entitle them to file confidential information 11 under seal; Local Rule 141 sets forth the procedures that must be followed and the standards that 12 will be applied when a party seeks permission from the court to file material under seal. 13 2. 14 15 16 DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 17 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 18 of Civil Procedure 26(c), which may include: 19 (a) Information that constitutes a trade secret; 20 (b) Non-public communications with regulators or other governmental bodies that 21 are protected from disclosure by statute or regulation; and/or 22 (c) Information, materials, and/or other documents reflecting non-public business 23 or financial strategies, and/or confidential competitive information which, if disclosed, would 24 result in competitive harm to the disclosing party. 25 26 27 28 30 31 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:23-cv-01241-DJC-SCR 1 2.5 Disclosure or Discovery Material: all items or information, regardless of the 2 medium or manner in which it is generated, stored, or maintained (including, among other things, 3 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 4 responses to discovery in this matter. 5 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 6 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 7 consultant in this action. 8 9 10 11 12 2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 13 action but are retained to represent or advise a party to this action and have appeared in this action 14 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 15 16 2.10 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 17 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 18 Material in this action. 19 2.12 Professional Vendors: persons or entities that provide litigation support services 20 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 21 organizing, storing, or retrieving data in any form or medium) and their employees and 22 subcontractors. 23 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 24 “CONFIDENTIAL.” 25 2.14 26 Producing Party. Receiving Party: a Party that receives Disclosure or Discovery Material from a 27 28 30 31 3 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:23-cv-01241-DJC-SCR 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only Protected Material 3 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 4 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 5 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 6 However, the protections conferred by this Stipulation and Order do not cover the following 7 information: (a) any information that is in the public domain at the time of disclosure to a 8 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 9 a result of publication not involving a violation of this Order, including becoming part of the public 10 record through trial or otherwise; and (b) any information known to the Receiving Party prior to 11 the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained 12 the information lawfully and under no obligation of confidentiality to the Designating Party. Any 13 use of Protected Material at trial shall be governed by a separate agreement or order. 14 4. DURATION 15 Even after final disposition of this litigation, the confidentiality obligations imposed by this 16 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 17 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 18 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 19 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 20 including the time limits for filing any motions or applications for extension of time pursuant to 21 applicable law. 22 5. 23 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 24 or Non-Party that designates information or items for protection under this Order must take care 25 to limit any such designation to specific material that qualifies under the appropriate standards. 26 The Designating Party must designate for protection only those parts of material, documents, 27 items, or oral or written communications that qualify – so that other portions of the material, 28 30 31 4 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:23-cv-01241-DJC-SCR 1 documents, items, or communications for which protection is not warranted are not swept 2 unjustifiably within the ambit of this Order. 3 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 4 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 5 unnecessarily encumber or retard the case development process or to impose unnecessary expenses 6 and burdens on other parties) expose the Designating Party to sanctions. 7 If it comes to a Designating Party’s attention that information or items that it designated 8 for protection do not qualify for protection, that Designating Party must promptly notify all other 9 Parties that it is withdrawing the mistaken designation. 10 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 11 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 12 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 13 designated before the material is disclosed or produced. 14 Designation in conformity with this Order requires: 15 (a) For information in documentary form (e.g., paper or electronic documents, but 16 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 17 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 18 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 19 identify the protected portion(s) (e.g., by making appropriate markings in the margins). A Party 20 or Non-Party that makes original documents or materials available for inspection need not 21 designate them for protection until after the inspecting Party has indicated which material it would 22 like copied and produced. During the inspection and before the designation, all of the material 23 made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 24 identified the documents it wants copied and produced, the Producing Party must determine which 25 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 26 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 27 that contains Protected Material. If only a portion or portions of the material on a page qualifies 28 30 31 5 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:23-cv-01241-DJC-SCR 1 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 2 making appropriate markings in the margins). 3 (b) for testimony given in deposition or in other pretrial or trial proceedings, that 4 the Designating Party identify on the record, before the close of the deposition, hearing, or other 5 proceeding, or within thirty (30) days of receipt of the deposition transcript from the court reporter 6 (“30-day period”), all protected testimony. The entire deposition transcript will be considered by 7 the Parties as “CONFIDENTIAL” during the 30-day period. After the 30-day period, if no Party 8 has designated some or all of that deposition transcript as “CONFIDENTIAL” under this 9 Protective Order, the entire deposition, or those portions of the deposition not designated as 10 confidential, will no longer be considered confidential. 11 (c) for information produced in some form other than documentary and for any 12 other tangible items, that the Producing Party affix in a prominent place on the exterior of the 13 container or containers in which the information or item is stored the legend “CONFIDENTIAL.” 14 If only a portion or portions of the information or item warrant protection, the Producing Party, to 15 the extent practicable, shall identify the protected portion(s). 16 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 17 designate qualified information or items does not, standing alone, waive the Designating Party’s 18 right to secure protection under this Order for such material. Upon timely correction of a 19 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 20 in accordance with the provisions of this Order. 21 6. 22 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 23 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 24 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 25 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 26 challenge a confidentiality designation by electing not to mount a challenge promptly after the 27 original designation is disclosed. 28 30 31 6 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:23-cv-01241-DJC-SCR 1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 2 by providing written notice of each designation it is challenging and describing the basis for each 3 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 4 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 5 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 6 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 7 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 8 Party must explain the basis for its belief that the confidentiality designation was not proper and 9 must give the Designating Party an opportunity to review the designated material, to reconsider 10 the circumstances, and, if no change in designation is offered, to explain the basis for the chosen 11 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 12 has engaged in this meet and confer process first or establishes that the Designating Party is 13 unwilling to participate in the meet and confer process in a timely manner. 14 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 15 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 16 Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) [edit by the Court] 17 within 21 days of the initial notice of challenge or within 14 days of the parties agreeing that the 18 meet and confer process will not resolve their dispute, whichever is earlier. Each such motion must 19 be accompanied by a competent declaration affirming that the movant has complied with the meet 20 and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to 21 make such a motion including the required declaration within 21 days (or 14 days, if applicable) 22 shall automatically waive the confidentiality designation for each challenged designation. In 23 addition, the Challenging Party may file a motion challenging a confidentiality designation at any 24 time if there is good cause for doing so, including a challenge to the designation of a deposition 25 transcript or any portions thereof. Any motion brought pursuant to this provision must be 26 accompanied by a competent declaration affirming that the movant has complied with the meet 27 and confer requirements imposed by the preceding paragraph. 28 30 31 7 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:23-cv-01241-DJC-SCR 1 The burden of persuasion in any such challenge proceeding shall be on the Designating 2 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 3 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 4 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 5 file a motion to retain confidentiality as described above, all parties shall continue to afford the 6 material in question the level of protection to which it is entitled under the Producing Party’s 7 designation until the court rules on the challenge. 8 7. 9 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 10 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 11 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 12 the categories of persons and under the conditions described in this Order. When the litigation has 13 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 14 DISPOSITION). 15 16 17 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 18 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 19 information or item designated “CONFIDENTIAL” only to: 20 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 21 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 22 information for this litigation; 23 24 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation; 25 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 26 reasonably necessary for this litigation and who have signed the “Acknowledgment and 27 Agreement to Be Bound” (Exhibit A); 28 30 31 (d) the court and its personnel; 8 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:23-cv-01241-DJC-SCR 1 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, 2 and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who 3 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (f) during their depositions, deponents to whom disclosure is reasonably necessary 5 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 6 otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed deposition 7 testimony or exhibits to depositions that reveal Protected Material may not be disclosed to anyone 8 except as permitted under this Stipulated Protective Order. 9 10 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 11 (h) any mediator or settlement officer, and their supporting personnel, mutually 12 agreed upon by any of the Parties engaged in settlement discussion. 13 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 14 LITIGATION 15 If a Party is served with a subpoena or a court order issued in other litigation that compels 16 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 17 must: 18 19 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 20 (b) promptly notify in writing the party who caused the subpoena or order to issue 21 in the other litigation that some or all of the material covered by the subpoena or order is subject 22 to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; 23 and 24 25 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 26 If the Designating Party timely seeks a protective order, the Party served with the subpoena 27 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 28 before a determination by the court from which the subpoena or order issued, unless the Party has 30 9 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:23-cv-01241-DJC-SCR 31 1 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 2 expense of seeking protection in that court of its confidential material – and nothing in these 3 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 4 disobey a lawful directive from another court. 5 9. 6 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 7 (a) The terms of this Order are applicable to information produced by a Non-Party 8 in this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties 9 in connection with this litigation is protected by the remedies and relief provided by this Order. 10 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 11 additional protections. 12 (b) In the event that a Party is required, by a valid discovery request, to produce a 13 Non-Party’s confidential information in its possession, and the Party is subject to an agreement 14 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non-Party that 16 some or all of the information requested is subject to a confidentiality agreement with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 18 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of 19 the information requested; and 20 21 (3) make the information requested available for inspection by the NonParty. 22 (c) If the Non-Party fails to object or seek a protective order from this court within 23 14 days of receiving the notice and accompanying information, the Receiving Party may produce 24 the Non-Party’s confidential information responsive to the discovery request. If the Non-Party 25 timely seeks a protective order, the Receiving Party shall not produce any information in its 26 possession or control that is subject to the confidentiality agreement with the Non-Party before a 27 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 28 burden and expense of seeking protection in this court of its Protected Material. 30 31 10 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:23-cv-01241-DJC-SCR 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 3 Material to any person or in any circumstance not authorized under this Stipulated Protective 4 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 5 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 6 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 7 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 8 Agreement to Be Bound” that is attached hereto as Exhibit A. 9 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 10 MATERIAL 11 When a Producing Party gives notice to Receiving Parties that certain inadvertently 12 produced material is subject to a claim of privilege or other protection, the obligations of the 13 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 14 is not intended to modify whatever procedure may be established in an e-discovery order that 15 provides for production without prior privilege review. 16 12. 17 18 19 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 20 no Party waives any right it otherwise would have to object to disclosing or producing any 21 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 22 Party waives any right to object on any ground to use in evidence of any of the material covered 23 by this Protective Order. 24 12.3 Filing Protected Material. Without written permission from the Designating Party 25 or a court order secured after appropriate notice to all interested persons, a Party may not file in 26 the public record in this action any Protected Material. A Party that seeks to file under seal any 27 Protected Material must comply with Local Rule 141. Protected Material may only be filed under 28 seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If 30 11 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:23-cv-01241-DJC-SCR 31 1 a Receiving Party's request to file Protected Material under seal is denied by the court, then the 2 Receiving Party may file the information in the public record unless otherwise instructed by the 3 court. 4 13. FINAL DISPOSITION 5 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 6 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 7 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 8 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 9 the Protected Material is returned or destroyed, the Receiving Party must submit a written 10 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 11 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 12 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 13 abstracts, compilations, summaries or any other format reproducing or capturing any of the 14 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy 15 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 16 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 17 and expert work product, even if such materials contain Protected Material. Any such archival 18 copies that contain or constitute Protected Material remain subject to this Protective Order as set 19 forth in Section 4 (DURATION). 20 21 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 22 23 24 25 26 27 28 30 31 12 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:23-cv-01241-DJC-SCR 1 Dated: November 20, 2024 2 By: /s/ Kevin J. Cole (as authorized on 11/20/2024) KJC LAW GROUP, A.P.C. Kevin J. Cole (SBN 321555) kevin@kjclawgroup.com W. Blair Castle (SBN 354085) blair@kjclawgroup.com 9701 Wilshire Boulevard, Suite 1000 Beverly Hills, CA 90212 Telephone: +1 310 861 7797 3 4 5 6 7 TAULER SMITH, LLP Robert Tauler (SBN 241964) rtauler@taulersmith.com 626 Wilshire Boulevard, Suite 510 Los Angeles, CA 90017 Telephone: +1 310 590 3927 8 9 10 11 Attorneys for Plaintiff Bridgette Davis 12 13 14 Dated: November 20, 2024 JENNER & BLOCK LLP 15 16 By: /s/ Kate T. Spelman Kate T. Spelman (SBN 269109) kspelman@jenner.com Kristen Green (SBN 328618) kgreen@jenner.com 515 South Flower Street, Suite 3300 Los Angeles, CA 90071-2246 Telephone: +1 213 239 5100 Facsimile: +1 213 239 5199 17 18 19 20 21 Attorneys for Defendant Shutterstock, Inc. 22 23 PURSUANT TO STIPULATION, IT IS SO ORDERED. 24 25 DATED: November 22, 2024 26 27 28 30 31 13 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:23-cv-01241-DJC-SCR 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ 4 [print or type full address], declare under penalty of perjury that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the United States District Court for 6 the Eastern District of California on ____________________ in the case of Davis v. Shutterstock, 7 Inc., No. 2:23-cv-01241-DJC-SCR (E.D. Cal.). I agree to comply with and to be bound by all the 8 terms of this Stipulated Protective Order and I understand and acknowledge that failure to so 9 comply could expose me to sanctions and punishment in the nature of contempt. I solemnly 10 promise that I will not disclose in any manner any information or item that is subject to this 11 Stipulated Protective Order to any person or entity except in strict compliance with the provisions 12 of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective 15 Order, even if such enforcement proceedings occur after termination of this action. 16 I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone number] 18 as my California agent for service of process in connection with this action or any proceedings 19 related to enforcement of this Stipulated Protective Order. 20 21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23 Printed name: _______________________________ 24 Signature: __________________________________ 25 26 27 28 30 31 14 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:23-cv-01241-DJC-SCR

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