Browman Family Vineyards, Inc. v. Cavit Cantina Viticoltori Consorzio Cantine Sociali Del Trentino Societa Cooperativa

Filing 70

STIPULATED PROTECTIVE ORDER. Signed by Judge JEFFREY S. WHITE on 12/7/09. (jjo, COURT STAFF) (Filed on 12/7/2009)

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J. SCOTT GERIEN, State Bar No. 184728 MEGAN FERRIGAN HEALY, State Bar No. 229177 DICKENSON, PEATMAN & FOGARTY 809 Coombs Street, Napa, California 94559 Telephone: [phone] Facsimile: [phone]

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Attorneys for Plaintiff and Counterdefendant, BROWMAN FAMILY VINEYARDS, INC. , EDMUND J. FERDINAND III, Pro Hac Vice GRIMES & BATTERSBY, LLP 488 Main Avenue, Norwalk, CT 06851 Telephone: [phone] Facsimile: [phone]

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ROBERT E. WHITE, State Bar No. 78567
LA W OFFICES OF ROBERT E. WHITE
177 Post Street, Suite 890

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San Francisco, CA 94108 Telephone: [phone] Facsimile: [phone]
Attorneys for Defendant and Counterplaintiff, CA VIT CANTINA VITICOLTORI CONSORIZIO SOCIALI
DEL TRENTINO SOCIETA COOPERA TIV A

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. UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BROWMAN FAMILY VINEYARDS, INC.
Plaintiff,
vs.

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CASE NO. C 09-01070 JSW (EMC) CASE NO. C 09-02470 JSW (EMC)
(related cases)

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CAVIT CANTINA VITICOLTORI CONSORZIO CANTINE SOCIALI DEL TRENTINO SOCIET A COOPERA TIV A
Defendant.

STIPULATED PROTECTIVE ORDER

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STIPULA TED PROTECTIVE ORDER

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CAVIT CANTINA VITICOLTORI CONSORZIO CANTINE SOCIALI DEL TRENTINO SOCIETA COOPERATIVA,
Counterclaimant,
vs.

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BROWMAN FAMILY VINEYARDS,

7 INC.

8 Counterdefendant.
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1. PURPOSES AND LIMITATIONS.

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Disclosure and discovery activity in this action are likely to involve production of
confidential, proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation would be warranted.
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Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the
limited information or items that are entitled under the applicable legal principles to treatment as
confidentiaL. The parties further acknowledge, as set forth in Section 10, below, that this

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Stipulated Protective Order creates no entitlement to file confidential information under seal;

Civil Local Rule 79-5 sets forth the procedures that must be followed and reflects the standards
that wil be applied when a party seeks permission from the court to file material under seaL.
2. DEFINITIONS.

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2.1 Party: any party to this action, including all of its officers, directors,

employees, consultants, retained experts, and outside counsel (and their support staff).
2.2 Disclosure or Discovery Material: all items or information, regardless of

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the

medium or maner generated, stored, or maintained (including, among other things, testimony,

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1 transcripts, or tangible things) that are produced or generated in disclosures or responses to

2 discovery in this matter.
3 2.3 "Confidential" Information or Items: information (regardless of

how generated,

4 stored or maintained) or tangible things that qualify for protection under standards developed

5 under F.R.Civ.P. 26(c).

6 2.4 "Highly Confidential - Attorneys' Eyes Only" Information or Items: extremely
7 sensitive "Confidential Information or Items" whose disclosure to another Party or nonparty

8 would create a substantial risk of serious injury that could not be avoided by less restrictive
9 means.

10 2.5 Receiving Pary: a Party that receives Disclosure or Discovery Material from a
11 Producing Pary.

12 2.6 Producing Party: a Party or non-party that produces Disclosure or Discovery
13 Material in this action.

14 2.7. Designating Party: a Party or non-party that designates information or items
15 that it produces in disclosures or in responses to discovery as "Confidential" or "Highly
16 Confidential- Attorneys' Eyes Only."

17 2.8 Protected Material: any Disclosure or Discovery Material that is designated as
18 "Confidential" or as "Highly Confidential- Attorneys' Eyes Only."

19 2.9. Outside Counsel: attorneys who are not employees of a Party but who are
20 retained to represent or advise a Party in this action.
21 2.10 House Counsel: attorneys who are employees of a Pary.

22 2.11 Counsel (without qualifier): Outside Counsel and House Counsel (as well as
23 their support staffs).

24 2.12 Expert: a person with specialized knowledge or experience in a matter
25 pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert
26 witness or as a consultant in this action and who is not a past or a current employee of a Party or

27 of a competitor of a Party's and who, at the time of retention, is not anticipated to become an
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1 employee of a Party or a competitor of a Party's. This definition includes a professional jury or
2 trial consultant retained in connection with this litigation.

3 2.13 Expert Competitor: a person with specialized knowledge or experience in a
4 matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an

5 expert witness or as a consultant in this action and who is a direct competitor, or employed by a

6 direct competitor of a Par or is affiliated with any enterprise that is in a position to commercially
7 exploit information marked "Highly Confidential - Attorneys' Eyes Only."

8 2.14 Professional Vendors: persons or entities that provide litigation support
9 services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations;

10 organizing, storing, retrieving data in any form or medium; etc.) and their employees and

11 subcontractors.

12 3. SCOPE.
13 The protections conferred by this Stipulation and Order cover not only Protected Material
14 (as defined above), but also any information copied or extracted therefrom, as well as all copies,
15 excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by

16 parties or counsel to or in cour or in other settings that might reveal Protected MateriaL.

17 4. DURATION.
18 Even after the termination of

this litigation, the confidentiality obligations imposed by this

19 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order

20 otherwise directs.

21 5. DESIGNATING PROTECTED MATERIAL.
22 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each
23 Party or non-party that designates information or items for protection under this Order must take

24 care to limit any such designation to specific material that qualifies under the appropriate
25 standards. A Designating Pary must take care to designate for protection only those parts of

26 material, documents, items, or oral or written communications that qualify - so that other portions 27
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of the material, documents, items, or communications for which protection is not warranted are
2 not swept unjustifiably within the ambit of this Order.

3 Mass, indiscriminate, or routinized designations are prohibited. Designations that

4 are 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
6 expenses and burdens on other1parties), expose the Designating Party to sanctions.

7 If it comes to a Party's or a non-party' s attention that information or items that it
8 designated for protection do not qualify for protection at all, or do not qualify for the level of

9 protection initially asserted, that Party or non-party must promptly notify all other parties that it is
10 withdrawing the mistaken designation.
11 5.2 Manner and Timing of

Designations. Except as otherwise provided in this
section 5.2(a), below), or as otherwise stipulated or ordered,

12 Order (see, e.g., second paragraph of

13 material that qualifies for protection under this Order must be clearly so designated before the

14 material is disclosed or produced.

15 Designation in conformity with this Order requires:

16 (a) for ia.formation in documentary form (apart from transcripts of
17 depositions or other pretrial or trial proceedings), that the Producing Pary affx the legend

18 "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" at the top
1 9 of each page that contains protected materiaL. If only a portion or portions of the material on a
20 page qualifies for protection, the Producing Party also must clearly identify the protected
21 portiones) (e.g., by making appropriate markings in the margins) and must specify, for each

22 portion, the level of protection being asserted (either "CONFIDENTIAL" or "HIGHLY
23 CONFIDENTIAL - ATTORNEYS' EYES ONLY").

24 A Party or non-party that makes original documents or materials available
25 for inspection need not designate them for protection until after the inspecting Party has indicated

26 which material it would like copied and produced. During the inspection and before the
27 designation, all of

the material made available for inspection shall be deemed "HIGHLY
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CONFIDENTIAL - ATTORNEYS' EYES ONLY." After the inspecting Party has identified the
2 documents it wants copied and produced, the Producing Party must determine which documents,
3 or portions thereof, qualify for protection under this Order, then, before producing the specified

4 documents, the Producing Party must affx the appropriate legend ("CONFIDENTIAL" or

5 "HIGHL Y CONFIDENTIAL- ATTORNEYS' EYES ONLY") at the top of each page that
6 contains Protected MateriaL. If only a portion or portions of the material on a page qualifies for 7 protection, the Producing Party also must clearly identify the protected portiones) (e.g., by

8 making appropriate markings in the margins) and must specify, for each portion, the level of

9 protection being asserted (either "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL10 ATTORNEYS' EYES ONLY").

11 (b) for testimony given in deposition or in other pretrial or trial
12 proceedings, that the Party or non-party offering or sponsoring the testimony identify on the
13 record, before the close ofthe deposition, hearing, or other proceeding, all protected testimony,
14 and further specify any portions of

the testimony that qualify as "HIGHLY CONFIDENTIAL-

15 ATTORNEYS' EYES ONLY." When it is impractical to identify separately each portion of
16 testimony that is entitled to protection, and when it appears that substantial portions of the

17 testimony may qualify for protection, the Party or non-party that sponsors, offers, or gives the
18 testimony may invoke on the record (before the deposition or proceeding is concluded) a right to

19 have up to 20 days to identify the specific portions of the testimony as to which protection is

20 sought and to specify the level of protection being asserted ("CONFIDENTIAL" or "HIGHLY

21 CONFIDENTIAL - ATTORNEYS' EYES ONLY"). Only those portions of the testimony that
22 are appropriately designated for protection within the 20 days shall be covered by the provisions

23 of this Stipulated Protective Order.

24 Transcript pages containing Protected Material must be separately bound
25 by the cour reporter, who must affx to the top of each such page the legend "CONFIDENTIAL"

26 or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY," as instructed by the Party or
27 nonparty offering or sponsoring the witness or presenting the testimony.
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(c) for information produced in some form other than documentary, and for
2 any other tangible items, that the Producing Party affix in a prominent place on the exterior of the

3 container or containers in which the information or item is stored the legend "CONFIDENTIAL"
4 or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY." If only portions of

the

5 information or item warrant protection, the Producing Party, to the extent practicable, shall
6 identify the protected portions, specifying whether they qualify as "Confidential" or as "Highly

7 Confidential - Attorneys' Eyes Only."
8 5.3 Inadvertent Failures to Designate. If

timely corrected, an inadvertent failure to

9 designate qualified information or items as "Confidential" or "Highly Confidential- Attorneys'

10 Eyes Only" does not, standing alone, waive the Designating Party's right to secure protection
1 1 under this Order for such materiaL. If material is appropriately designated as "Confidential" or

12 "Highly Confidential - Attorneys' Eyes Only" after the material was initially produced, the
13 Receiving Party, on timely notification of

the designation, must make reasonable efforts to assure
in accordance with the provisions of

14 that the material is treated

this Order.

15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS.

16 6.1 Timing of Challenges. Unless a prompt challenge to a Designating Party's
17 confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary
18 economic burdens, or a later significant disruption or delay of

the litigation, a Party does not

19 waive its right to challenge a confidentiality designation by electing not to mount a challenge

20 promptly after the original designation is disclosed.

21 6.2 Meet and Confer. A Party that elects to initiate a challenge to a Designating
22 Party's confidentiality designation must do so in good faith and must begin the process by
23 conferring directly (in voice to voice dialogue; other forms of communication are not sufficient)

24 with counsel for the Designating Pary. In conferring, the challenging Party must explain the basis
25 for its belief that the confidentiality designation was not proper and must give the Designating
26 Party an opportunity to reyiew the designated material, to reconsider the circumstances, and, if no

27 change in designation is offered, to explain the basis for the chosen designation. A challenging
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1 Party may proceed to the next stage of the challenge process only if it has engaged in this meet
2 and confer process first.

3 6.3 Judicial Intervention. A Party that elects to press a challenge to a
4 confidentiality designation after considering the justification offered by the Designating Party

5 may fie and serve a motion under Civil Local Rule 7 (and in compliance with Civil Local Rule
6 79-5, if applicable) that identifies the challenged material and sets forth in detail the basis for the

7 challenge. Each such motion must be accompanied by a competent declaration that affirms that
8 the movant has complied with the meet and confer requirements imposed in the preceding

9 paragraph and that sets forth with specificity the justification for the confidentiality designation
10 that was given by the Designating Party in the meet and confer dialogue.

11 The burden of persuasion in any such challenge proceeding shall be on the
12 Designating Party. Until the court rules on the challenge, all parties shall continue to afford the
13 material in question the level of

protection to which it is entitled under the Producing Pary's

14 designation.

15 7. ACCESS TO AND USE OF PROTECTED MATERIAL.

16 7.1 Basic Principles. A Receiving Party may use Protected Material that is
17 disclosed or produced by another Pary or by a non-party in connection with this case only for
18 prosecuting, defending, or,attempting to settle this litigation. Such Protected Material may be
19 disclosed only to the categories of persons and under the conditions described in this Order.

20 When the litigation has been terminated, a Receiving Party must comply with the provisions of
21 section 11, below (FINAL DISPOSITION).

22 Protected Material must be stored and maintained by a Receiving Party at a
23 location and in a secure manner that ensures that access is limited to the persons authorized under

24 this Order.
25 7.2 Disclosure of

"CONFIDENTIAL" Information or Items. Unless otherwise

26 ordered by the court or permitted in \¡riting by the Designating Party, a Receiving Party may
27 disclose any information or item designated CONFIDENTIAL only to:

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1 (a) the Receiving Party's Outside Counsel of

record in this action, as well

2 as employees of said Counsel to whom it is reasonably necessary to disclose the information for
3 this litigation and who have signed the "Agreement to Be Bound by Protective Order" that is

4 attached hereto as Exhibit A;
5 (b) the officers, directors, and employees (including House Counsel) of

the

6 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have
7 signed the "Agreement to Be Bound by Protective Order" (Exhibit A);
8 (c) experts (as defined in this Order) of

the Receiving Pary to whom

9 disclosure is reasonably necessary for this litigation and who have signed the "Agreement to Be

10 Bound by Protective Order" (Exhibit A);

11 (d) the Court and its personnel;
12 ( e) court reporters, their staffs, and professional vendors to whom
13 disclosure is reasonably necessary for this litigation and who have signed the "Agreement to Be

14 Bound by Protective Order" (Exhibit A);

15 (f) during their depositions, witnesses in the action to whom disclosure is
16 reasonably necessary and who have signed the "Agreement to Be Bound by Protective Order"
17 (Exhibit A). Pages of

transcribed deposition testimony or exhibits to depositions that reveal

18 Protected Material must be separately bound by the court reporter and may not be disclosed to

19 anyone except as permitted under this Stipulated Protective Order.

20 (g) the author Ç)f the document or the original source of the information.
21 7.3 Disclosure of

"HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY"

22 Information or Items. Unless otherwise ordered by the court or permitted in writing by the
23 Designating Party, a Receiving Party may disclose any information or item designated "HIGHLY

24 CONFIDENTIAL - ATTORNEYS' .EYES ONLY" only to:
25 (a) the Receiving Party's Outside Counsel of

record in this action, as well

26 as employees of said Counsel to whom it is reasonably necessary to disclose the information for
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1 this litigation and who have signed the "Agreement to Be Bound by Protective Order" that is

2 attached hereto as Exhibit A;

3 (b) House Counsel of a Receiving Pary (1) who has no involvement in
4 competitive decision-making, (2) to whom disclosure is reasonably necessary for this litigation,
5 and (3) who has signed the "Agreement to Be Bound by Protective Order" (Exhibit A);

6 (c) Experts (as defined in this Order) (1) to whom disclosure is reasonably
7 necessary for this litigatioI), (2) who have signed the "Agreement to Be Bound by Protective

8 Order" (Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.4, below, have
9 been followed;

10 (d) the Court and its personnel;
11 (e) court reporters, their staffs, and professional vendors to whom
12 disclosure is reasonably necessary for this litigation and who have signed the "Agreement to Be

13 Bound by Protective Order" (Exhibit A); and
14 (f) the author of the document or the original source of

the information.

15 7.4 Procedures for Approving Disclosure of

"HIGHLY CONFIDENTIAL-

16 ATTORNEYS' EYES ONLY" Information or Items to "Expert Competitors".

17 (a) Unless otherwise ordered by the court or agreed in writing by the
18 Designating Party, a Party ,that seeks to disclose to an "Expert Competitor" (as defined in this

19 Order) any information or item that has been designated "HIGHLY CONFIDENTIAL -

20 ATTORNEYS' EYES ONLY" first must make a written request to the Designating Party that (1)
21 identifies the specific HIGHLY CONFIDENTIAL information that the Receiving Party seeks
22 permission to disclose to the Expert Competitor, (2) sets forth the full name of

the Expert

23 Competitor and the city and state of

his or her primary residence, (3) attaches a copy of

the Expert

24 Competitor's current resume, (4) identifies the Expert Competitor's current employer(s), (5)
25 identifies each person or entity from whom the Expert Competitor has received compensation for

26 work in his or her areas of expertise or to whom the expert has provided professional services at
27 any time during the preceding five years, and (6) identifies (by name and number of

the case,

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1 filing date, and location of court)

any litigation in connection with which the Expert Competitor

2 has provided any professional services during the preceding five years.

3 (b) A Party that makes a request and provides the information specified in

4 the preceding paragraph may disclose the subject Protected Material to the identified Expert
5 Competitor unless, within seven court days of delivering the request, the Party receives a written

6 objection from the Designating Pary. Any such objection must set forth in detail the grounds on

7 which it is based.
8 (c) A Party that receives a timely written objection must meet and confer

9 with the Designating Party (through direct voice to voice dialogue) to try to resolve the matter by

10 agreement. If no agreement is reached, the Party seeking to make the disclosure to the Expert
11 Competitor may file a motion as provided in Civil Local Rule 7 (and in compliance with Civil
12 Local Rule 79-5, if applicable) seeking permission from the court to do so. Any such motion must
13 describe the circumstances with specificity, set forth in detail the reasons for which the disclosure
14 to the Expert Competitor is reasonably necessary, assess the risk of

harm that the disclosure

15 would entail and suggest any additional means that might be used to reduce that risk. In addition,
16 any such motion must be accompanied by a competent declaration in which the movant describes
17 the parties' efforts to resolve the matter by agreement (i.e., the extent and the content of

the meet

18 and confer discussions) and sets forth the reasons advanced by the Designating Pary for its
19 refusal to approve the disclosure.

20 In any such proceeding the Party opposing disclosure to the Expert
21 Competitor shall bear the burden of proving that the risk of harm that the disclosure would entail

22 (under the safeguards proposed) outweighs the Receiving Party's need to disclose the Protected
23 Material to its Expert Competitor.

24 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
25 LITIGATION.

26 If a Receiving Pary is served with a subpoena or an order issued in other litigation that
27 would compel disclosure of any information or items designated in this action as
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"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY," the
2 Receiving Party must so notify the Designating Party, in writing (by fax, if

possible) immediately

3 and in no event more than three court days after receiving the subpoena or order. Such
4 notification must include a copy of the subpoena or court order.

5 The Receiving Party also must immediately inform in writing the Party who caused the
6 subpoena or order to issue'in the

'other litigation that some or all the material covered by the

7 subpoena or order is the subject of

this Protective Order. In addition, the Receiving Party must

8 deliver a copy of this Stipulated Protective Order promptly to the Party in the other action that

9 caused the subpoena or order to issue.

10 The purpose of imposing these duties is to alert the interested parties to the existence of
1 1 this Protective Order and to afford the Designating Party in this case an opportunity to try to

12 protect its confidentiality interests in the court from which the subpoena or order issued. The
13 Designating Party shall bear the burdens and the expenses of seeking protection in that cour of its

14 confidential material - and nothing in these provisions should be construed as authorizing or
15 encouraging a Receiving Party in this action to disobey a lawful directive from another court.

16 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL.

17 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
18 Material to any person or in any circumstance not authorized under this Stipulated Protective
19 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of

the

20 unauthorized disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c)
21 inform the person or persons to whom unauthorized disclosures were made of all the terms of

this

22 Order, and (d) request such person or persons to execute the "Acknowledgment and Agreement to

23 Be Bound" that is attached hereto as Exhibit A.

24 10. FILING PROTECTED MATERIAL.
25 Without written permission from the Designating Party or a court order secured after
26 appropriate notice to all interested persons, a Party may not file in the public record in this action

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any Protected MateriaL. A Party that seeks to fie under seal any Protected Material must comply
2 with Civil Local Rule 79-5.

3 11. FINAL DISPOSITION.
4 Unless otherwise ordered or agreed in writing by the Producing Party, within sixty days
5 after the final termination of this action, each Receiving Party must return all Protected Material

6 to the Producing Party. As used in this subdivision, "all Protected Material" includes all copies,
7 abstracts, compilations, summaries or any other form of reproducing or capturing any of the

8 Protected MateriaL. With permission in writing from the Designating Party, the Receiving Party

9 may destroy some or all of the Protected Material instead of returning it. Whether the Protected

10 Material is returned or destroyed, the Receiving Party must submit a written certification to the
11 Producing Party (and, if

not the same person or entity, to the Designating Pary) by the sixty day

12 deadline that identifies (by.category, where appropriate) all the Protected Material that was
13 returned or destroyed and that affirms that the Receiving Party has not retained any copies,

14 abstracts, compilations, summaries or other forms of reproducing or capturing any of the

15 Protected MateriaL. Notwithstanding this provision, Counsel are entitled to retain an archival

16 copy of all pleadings, motion papers, transcripts, legal memoranda, correspondence or attorney
17 work product, even if such materials contain Protected MateriaL. Any such archival copies that
18 contain or constitute Protected Material remain subject to this Protective Order as set forth in
19 Section 4 (DURATION), above.

20 12. MISCELLANEOUS.
21 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person
22 to seek its modification by the Court in the future.
23 12.2 Right to Assert Other Objections. By stipulating to the entry of

this Protective

24 Order no Party waives any right it otherwise would have to object to disclosing or producing any

25 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
26 Party waives any right to object on any ground to use in evidence of any of the material covered

27 by this Protective Order.
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IT is SO STIPULATED, THROUGH COUNSEL OF RECORD.
2 Date:

DICKENSON, PATMAN & FOGARTY

j
'"

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809 Coombs Street Napa, California 94559
Telephone: [phone]

Facsimile: 707-255-6876

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Attorneys for Plaintiff and Counterdefendant, BROWMAN F AMIL Y VINEYARDS, INC.
L \ ( '3 I; ( 2. Qg "I

10 Date:
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GRIMES & BATIERSBY, LLP

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By~~a
Edmund J. Ferdinand II
488 Main Avenue Norwalk, CT 06851
Telephone: [phone]

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Facsimile: 203-849-9300

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Attorneys for Defendant and Counterplaintit:
CA VIT CANTINA VITI

COL TORI CONSORIZIO

CANTINE SOCIALI DEL TRENTINO SOCIETA COOPERA TIVA

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21 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Date: December 7, 2009

HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

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STIPULATED PROTECTIVE ORDER

Case No. C 09-01070 JSW (EMC) Case No. C 09-02470 JSW (EMC)

Case3:09-cv-01070-JSW Document69

Filed12/03/09 Page15 of 15

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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, (print or type full name), of
(print or type full address), declare under penalty of

perjury that I have read

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in its entirety and understand the Stipulated Protective Order that was issued by the United States

District Court for the Northern District of California on (date) in the cases of
Cavit v. Browman, Case No. C 09-02470 JSW (EMC) and Browman v. Cavit, Case No. C 0901070 JSW (EMC). I agree to comply with and to be bound by all the terms of

this Stipulated

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Protective Order and I understand and acknowledge that failure to so comply could expose me to

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sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in
any maner 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

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the Northern District of California for the purpose of enforcing the terms of this Stipulated
Protective Order, even if such enforcement proceedings occur after termination of

this action.

I hereby appoint (print or type full name) of
(print or type full address and telephone number) as my California agent for service of process in connection with this aetion or any
proceedings related to enforcement of

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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:
Signature:

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STIPULA TED PROTECTIVE ORDER

Case No. C 09-01070 JSW (EMC) Case No. C 09-02470 JSW (EMC)