Provine v. Office Depot, Inc.

Filing 27

STIPULATION AND ORDER to Entry of Protective Order. Signed by Judge Susan Illston on 12/12/2011. (rbe, COURT STAFF) (Filed on 12/12/2011)

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KARASIK LAW FIRM
GREGORY N. KARASIK, SBN 115834
11835 W. Olympic Blvd., Ste. 1275
Los Angeles, CA 90064
Telephone: [phone]
Facsimile:
[phone]
[e-mail]
SPIRO MOSS LLP
DENNIS F. MOSS, SBN 77512
11377 W. Olympic Blvd., 5th Floor
Los Angeles, CA 90064
Telephone: [phone]
Facsimile:
[phone]
[e-mail]
DYCHTER LAW OFFICES, APC
ALEXANDER I. DYCHTER, SBN 234526
625 Broadway, Suite 600
San Diego, CA 92101
Telephone: [phone]
Facsimile:
[phone]
[e-mail]
Attorneys for Plaintiff
HOWARD DAVID PROVINE

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MORGAN, LEWIS & BOCKIUS LLP
BARBARA J. MILLER, SBN 167223
JENNIFER L. BRADFORD, SBN 203871
5 Park Plaza, Suite 1750
Irvine, CA 92614
Telephone: [phone]
Facsimile:
949.399.7001
[e-mail]
[e-mail]

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Attorneys for Defendant
OFFICE DEPOT, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

STIPULATION TO ENTRY OF
PROTECTIVE ORDER

LOS ANGELES

DB2/ 22792903.1

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HOWARD DAVID PROVINE,
individually and on behalf of other persons
similarly situated,

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Plaintiff,

Case No. CV 11-00903 SI
STIPULATION TO ENTRY OF PROTECTIVE
ORDER

vs.
OFFICE DEPOT, INC., and DOES 1
through 10,

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Defendants.

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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LOS ANGELES

DB2/ 22792903.1

STIPULATION TO ENTRY OF
PROTECTIVE ORDER

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WHEREAS, Plaintiff Howard David Provine and Defendant Office Depot, Inc. are

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engaged in discovery that will require the production of documents that contain or disclose trade

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secrets or other confidential technical, business, or financial information; and

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THEREFORE, the parties stipulate to, and apply jointly to the Court for, entry of this
Protective Order as follows:
1.

This Protective Order shall govern any designated record of information produced

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in this action, including all designated deposition testimony, all designated testimony taken at a

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hearing or other proceeding, interrogatory answers, documents (including, without limitation,

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emails produced by Office Depot, Inc. and computer and electronic files), and other discovery

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materials (whether produced informally or in response to interrogatories, requests for admissions,

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requests for production of documents, or other formal method of discovery).

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2.

Each party shall have the right to designate as confidential and subject to this

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Protective Order any information, document, or portion of any documents produced by it in this

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litigation which contains trade secrets or other confidential technical, business, or financial

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information. This designation shall be made by stamping each page of the document containing

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confidential information with the legend CONFIDENTIAL prior to its production or, if

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inadvertently produced without the legend, by furnishing written notice to the receiving party that

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the information or document shall be designated as CONFIDENTIAL under this Protective

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Order. With respect to all materials provided by one party for inspection by another party’s

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counsel, designation by stamping or labeling as CONFIDENTIAL need not be made until copies

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of the materials are requested after inspection and selection by counsel. Making documents and

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things available for inspection shall not constitute a waiver of any claim of confidentiality, and all

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materials provided for inspection shall be treated as though designated as CONFIDENTIAL at the

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time of the inspection.

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3.

Each party and all persons bound by the terms of this Protective Order shall use

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any information or document designated as CONFIDENTIAL only for the purpose of prosecution

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or defense of this action. No such party or other person shall use any information designated as

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CONFIDENTIAL for any purpose other than the prosecution, defense, or settlement of this

M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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LOS ANGELES

DB2/ 22792903.1

STIPULATION TO ENTRY OF
PROTECTIVE ORDER

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action. The attorneys of record for the parties shall exercise reasonable care to insure that the

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information and documents governed by this Protective Order are (i) used only for the purposes

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specified herein, and (ii) disclosed only to persons to whom disclosure of such information and

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documents is authorized by this Protective Order.

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Except as otherwise provided by written stipulation of the parties or by further

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order of the Court, documents or information designated CONFIDENTIAL may be disclosed

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only to counsel of record and their secretarial and legal assistants, and, on a need-to-know basis

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only and subject to Paragraph 5 of this Protective Order, to the parties, to employees of the

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parties, to witnesses, and to consultants and experts retained by the parties or their attorneys for

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purposes of this litigation (including, without limitation, persons engaged in the scanning,

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copying, and/or coding of such information or documents).

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5.

Except as provided in Paragraph 9 of this Protective Order, in no event shall any

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information or documents designated as CONFIDENTIAL be disclosed to any person other than

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the parties’ counsel and their secretarial and legal assistants pursuant to Paragraph 4 of this

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Protective Order until such person has executed a written confidentiality agreement

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acknowledging and agreeing to be bound by the terms of this Protective Order, and consenting to

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be subject to the personal jurisdiction of the United States District Court for the Northern District

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of California for any proceeding relating to enforcement of this Protective Order, in the form set

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forth in Exhibit A hereto.

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6.

Documents and information designated CONFIDENTIAL shall include (a) all

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copies, extracts, and complete or partial summaries prepared from such documents or

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information; (b) portions of deposition transcripts and exhibits that contain or reflect the content

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of any such documents, copies, extracts, or summaries; (c) portions of briefs, memoranda, or any

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other writing filed with the Court and exhibits that contain or reflect the content of any such

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documents, copies, extracts, or summaries; (d) deposition testimony designated in accordance

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with Paragraph 7; and (e) testimony taken at a hearing or other proceeding that is designated in

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accordance with Paragraph 8.

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M ORGAN , L EWIS &
B OCKIUS LLP

7.

ATTORNEYS AT LAW

Deposition transcripts, or portions thereof, may be designated as
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LOS ANGELES

DB2/ 22792903.1

STIPULATION TO ENTRY OF
PROTECTIVE ORDER

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CONFIDENTIAL subject to this Protective Order either (1) before or immediately after the

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testimony is recorded, in which case the transcript of the designated testimony shall be bound in a

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separate volume conspicuously labeled CONFIDENTIAL by the reporter, as appropriate, or (2)

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by written notice to the reporter and all counsel of record, given within ten (10) days after the

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transcript is received by the witness or his counsel or by any party or its counsel, in which case all

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counsel receiving such notice shall be responsible for marking the copies of the designated

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transcript in their possession or under their control as directed by the designating party. The

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designating party shall have the right to exclude the following persons from a deposition before

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taking of testimony which the designating party designates as CONFIDENTIAL subject to this

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Protective Order: all persons except the court reporter, counsel of record, the deponent, the

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parties (or the designated representative of a party), and any consultant or expert retained for

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purposes of this litigation.

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8.

With respect to testimony elicited during hearings and other court proceedings,

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whenever counsel for any party deems that any question or line of questioning calls for the

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disclosure of information that should be kept CONFIDENTIAL, counsel may designate on the

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record prior to such disclosure that the disclosure is CONFIDENTIAL. Whenever a matter

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designated CONFIDENTIAL is to be discussed in a hearing or other court proceeding, any party

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claiming such confidentiality may exclude from the room any person who is not entitled under

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this Protective Order to receive such information, subject to any ruling by the Court respecting

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the designation of such information as CONFIDENTIAL.

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9.

Notwithstanding any other provisions of this Order, nothing shall prohibit counsel

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for a party from disclosing a document, whether designated as CONFIDENTIAL, to any

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employee, officer, or director of the party who produced the document or information so

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designated.

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10.

If a receiving party learns that, by inadvertence or otherwise, it has disclosed

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protected material to any person or in any circumstance not authorized under this Protective

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Order, 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 copies of the protected material,

M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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LOS ANGELES

DB2/ 22792903.1

STIPULATION TO ENTRY OF
PROTECTIVE ORDER

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and (c) inform the person or persons to whom unauthorized disclosures were made of all the

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terms of this Protective Order.

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11.

Any information or documents designated as CONFIDENTIAL, if filed or lodged

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with the Court, shall be filed in accordance with Northern District of California Civil Local Rule

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79-5 and Judge Illston’s Standing Order. The party filing or lodging any pleading or paper which

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contains any information or document subject to this Protective Order shall comply with Northern

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District of California Civil Local Rule 79-5 and Judge Illston’s Standing Order. At the

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conclusion of this case, any materials filed with the Court under seal shall be kept under seal or be

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returned to the party filing it for disposition as provided for in Paragraph 15.

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Except as provided in Paragraph 9 of this Protective Order, any party may mark

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any documents or information designated as CONFIDENTIAL as an exhibit to a deposition,

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hearing, or other proceeding and examine any witness thereon, provided (i) the witness previously

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has executed a written confidentiality agreement in the form of Exhibit A hereto, (ii) the exhibit

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and related transcript pages receive the same type of confidentiality designation as the original

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document, and (iii) there is reason to believe this witness has knowledge or information to which

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such designated material is relevant.

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13.

No party is precluded from applying to the Court for an Order permitting the

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disclosure or use of information or documents otherwise covered by this Protective Order, or

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from applying for an Order modifying this Protective Order in any respect. No party shall be

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obligated to challenge the propriety of any confidentiality designation (whether

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CONFIDENTIAL) and failure to do so shall not preclude a subsequent attack on the propriety of

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such designation.

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14.

On any motions challenging the withholding of documents or information or

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seeking greater disclosure of documents or information designated CONFIDENTIAL than

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allowed by this Protective Order without Court order, the parties’ respective burdens of proof

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shall be as outlined in Bridgestone v. Superior Court, 7 Cal. App. 4th 1384 (1992). Any withheld

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material ordered by the Court to be disclosed shall be deemed classified CONFIDENTIAL under

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this Protective Order unless the Court orders otherwise, and any such order may include

M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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LOS ANGELES

DB2/ 22792903.1

STIPULATION TO ENTRY OF
PROTECTIVE ORDER

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additional safeguards to protect the disclosed material from further disclosure. Any party ordered

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to disclose information that was initially withheld from production may seek writ review of that

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order.

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15.

Upon final termination of this action, including all appellate proceedings, unless

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otherwise requested in writing by an attorney of record for the designating party to return material

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designated as CONFIDENTIAL to the party from whom the designated material was obtained,

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each party shall destroy all material designated as CONFIDENTIAL, including all copies,

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extracts, and summaries thereof. Proof of such destruction, in the form of a declaration under

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oath by a person with personal knowledge of the destruction, will be supplied by each party to all

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counsel of record. Notwithstanding the provisions in this Paragraph, counsel are entitled to retain

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an archival copy of all pleadings, motion papers, transcripts, legal memoranda, and

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correspondence or attorney work product, even if such materials contain protected material.

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16.

No part of the restrictions imposed by this Protective Order may be terminated,

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except by the written stipulation executed by counsel of record for each designating party, or by

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an order of this Court for good cause shown. The termination of this action shall not terminate

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this Protective Order.

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17.

This Protective Order may be amended and exceptions may be made only by

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written stipulation of the parties or by order of the Court for good cause shown on noticed

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motion. Nothing in this Protective Order abridges the right of any person to seek its modification

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by the Court in the future.

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18.

By stipulating to the entry of this Protective Order, no party waives any right it

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otherwise would have to object to disclosing or producing any information or item on any ground

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not addressed in this Protective Order. Similarly, no party waives any right to object on any

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ground to use in evidence of any of the material covered by this Protective Order.

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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LOS ANGELES

DB2/ 22792903.1

STIPULATION TO ENTRY OF
PROTECTIVE ORDER

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Dated: December 8, 2011

KARASIK LAW FIRM

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By /s/ Gregory N. Karasik
Gregory N. Karasik
Attorneys for Plaintiff
HOWARD DAVID PROVINE

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Dated: December 8, 2011

MORGAN, LEWIS & BOCKIUS LLP

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By/s/ Jennifer L. Bradford
Jennifer L. Bradford
Attorneys for Defendant
OFFICE DEPOT, INC.

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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LOS ANGELES

DB2/ 22792903.1

STIPULATION TO ENTRY OF
PROTECTIVE ORDER

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KARASIK LAW FIRM
GREGORY N. KARASIK, SBN 115834
11835 W. Olympic Blvd., Ste. 1275
Los Angeles, CA 90064
Telephone: [phone]
Facsimile:
[phone]
[e-mail]

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SPIRO MOSS LLP
DENNIS F. MOSS, SBN 77512
11377 W. Olympic Blvd., 5th Floor
Los Angeles, CA 90064
Telephone: [phone]
Facsimile:
[phone]
[e-mail]

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DYCHTER LAW OFFICES, APC
ALEXANDER I. DYCHTER, SBN 234526
625 Broadway, Suite 600
San Diego, CA 92101
Telephone: [phone]
Facsimile:
[phone]
[e-mail]

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Attorneys for Plaintiff
HOWARD DAVID PROVINE
MORGAN, LEWIS & BOCKIUS LLP
BARBARA J. MILLER, SBN 167223
JENNIFER L. BRADFORD, SBN 203871
5 Park Plaza, Suite 1750
Irvine, CA 92614
Telephone: [phone]
Facsimile:
949.399.7001
[e-mail]
[e-mail]
Attorneys for Defendant
OFFICE DEPOT, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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LOS ANGELES

DB2/ 22792903.1

STIPULATION TO ENTRY OF
PROTECTIVE ORDER

1
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HOWARD DAVID PROVINE,
individually and on behalf of other persons
similarly situated,

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Plaintiff,

Case No. CV 11-00903 SI
EXHIBIT A TO PROTECTIVE ORDER:
ACKNOWLEDGEMENT OF RECEIPT OF
STIPULATED PROTECTIVE ORDER AND
CERTIFICATE OF COMPLIANCE

vs.
OFFICE DEPOT, INC., and DOES 1
through 10,

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Defendants.

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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LOS ANGELES

DB2/ 22792903.1

STIPULATION TO ENTRY OF
PROTECTIVE ORDER

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I certify that I have received and carefully read a copy of the Stipulation to Entry of

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Protective Order, and Order thereon, in the above-captioned case and that I fully understand the

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terms of the Court’s Order. I recognize that I am bound by the terms of this Order, and I agree to

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comply with those terms. I hereby consent to the personal jurisdiction of the United States

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District Court for the Northern District of California for any proceedings involving the

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enforcement of that Order.

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I declare under penalty of perjury pursuant to the laws of the United States and California

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that the foregoing is true and correct. Executed this ______ day of _____________, 201__, at

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___________________, ___________________.

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Name:

__________________________________

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Affiliation:

__________________________________

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Business Address:

__________________________________

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Home Address:

__________________________________

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Signature:

__________________________________

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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LOS ANGELES

DB2/ 22792903.1

STIPULATION TO ENTRY OF
PROTECTIVE ORDER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HOWARD DAVID PROVINE,
individually and on behalf of other persons
similarly situated,

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Case No. CV 11-00903 SI
[PROPOSED] PROTECTIVE ORDER

Plaintiff,
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vs.
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OFFICE DEPOT, INC., and DOES 1
through 10,

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Defendants.

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

[PROPOSED] PROTECTIVE ORDER

LOS ANGELES

DB2/ 22843590.1

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Based on the parties’ Stipulation to Entry of Protective Order, and good cause having been
shown, IT IS HEREBY ORDERED as follows:
1.

This Protective Order shall govern any designated record of information produced

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in this action, including all designated deposition testimony, all designated testimony taken at a

5

hearing or other proceeding, interrogatory answers, documents (including, without limitation,

6

emails produced by Office Depot, Inc. and computer and electronic files), and other discovery

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materials (whether produced informally or in response to interrogatories, requests for admissions,

8

requests for production of documents, or other formal method of discovery).

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2.

Each party shall have the right to designate as confidential and subject to this

10

Protective Order any information, document, or portion of any documents produced by it in this

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litigation which contains trade secrets or other confidential technical, business, or financial

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information. This designation shall be made by stamping each page of the document containing

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confidential information with the legend CONFIDENTIAL prior to its production or, if

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inadvertently produced without the legend, by furnishing written notice to the receiving party that

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the information or document shall be designated as CONFIDENTIAL under this Protective

16

Order. With respect to all materials provided by one party for inspection by another party’s

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counsel, designation by stamping or labeling as CONFIDENTIAL need not be made until copies

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of the materials are requested after inspection and selection by counsel. Making documents and

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things available for inspection shall not constitute a waiver of any claim of confidentiality, and all

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materials provided for inspection shall be treated as though designated as CONFIDENTIAL at the

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time of the inspection.

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3.

Each party and all persons bound by the terms of this Protective Order shall use

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any information or document designated as CONFIDENTIAL only for the purpose of prosecution

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or defense of this action. No such party or other person shall use any information designated as

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CONFIDENTIAL for any purpose other than the prosecution, defense, or settlement of this

26

action. The attorneys of record for the parties shall exercise reasonable care to insure that the

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information and documents governed by this Protective Order are (i) used only for the purposes

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specified herein, and (ii) disclosed only to persons to whom disclosure of such information and

M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

2

LOS ANGELES

DB2/ 22843590.1

[PROPOSED] PROTECTIVE ORDER

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documents is authorized by this Protective Order.
4.

Except as otherwise provided by written stipulation of the parties or by further

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order of the Court, documents or information designated CONFIDENTIAL may be disclosed

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only to counsel of record and their secretarial and legal assistants, and, on a need-to-know basis

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only and subject to Paragraph 5 of this Protective Order, to the parties, to employees of the

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parties, to witnesses, and to consultants and experts retained by the parties or their attorneys for

7

purposes of this litigation (including, without limitation, persons engaged in the scanning,

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copying, and/or coding of such information or documents).

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5.

Except as provided in Paragraph 9 of this Protective Order, in no event shall any

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information or documents designated as CONFIDENTIAL be disclosed to any person other than

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the parties’ counsel and their secretarial and legal assistants pursuant to Paragraph 4 of this

12

Protective Order until such person has executed a written confidentiality agreement

13

acknowledging and agreeing to be bound by the terms of this Protective Order, and consenting to

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be subject to the personal jurisdiction of the United States District Court for the Northern District

15

of California for any proceeding relating to enforcement of this Protective Order, in the form set

16

forth in Exhibit A hereto.

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6.

Documents and information designated CONFIDENTIAL shall include (a) all

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copies, extracts, and complete or partial summaries prepared from such documents or

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information; (b) portions of deposition transcripts and exhibits that contain or reflect the content

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of any such documents, copies, extracts, or summaries; (c) portions of briefs, memoranda, or any

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other writing filed with the Court and exhibits that contain or reflect the content of any such

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documents, copies, extracts, or summaries; (d) deposition testimony designated in accordance

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with Paragraph 7; and (e) testimony taken at a hearing or other proceeding that is designated in

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accordance with Paragraph 8.

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7.

Deposition transcripts, or portions thereof, may be designated as

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CONFIDENTIAL subject to this Protective Order either (1) before or immediately after the

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testimony is recorded, in which case the transcript of the designated testimony shall be bound in a

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separate volume conspicuously labeled CONFIDENTIAL by the reporter, as appropriate, or (2)

M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

3

LOS ANGELES

DB2/ 22843590.1

[PROPOSED] PROTECTIVE ORDER

1

by written notice to the reporter and all counsel of record, given within ten (10) days after the

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transcript is received by the witness or his counsel or by any party or its counsel, in which case all

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counsel receiving such notice shall be responsible for marking the copies of the designated

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transcript in their possession or under their control as directed by the designating party. The

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designating party shall have the right to exclude the following persons from a deposition before

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taking of testimony which the designating party designates as CONFIDENTIAL subject to this

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Protective Order: all persons except the court reporter, counsel of record, the deponent, the

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parties (or the designated representative of a party), and any consultant or expert retained for

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purposes of this litigation.

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8.

With respect to testimony elicited during hearings and other court proceedings,

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whenever counsel for any party deems that any question or line of questioning calls for the

12

disclosure of information that should be kept CONFIDENTIAL, counsel may designate on the

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record prior to such disclosure that the disclosure is CONFIDENTIAL. Whenever a matter

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designated CONFIDENTIAL is to be discussed in a hearing or other court proceeding, any party

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claiming such confidentiality may exclude from the room any person who is not entitled under

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this Protective Order to receive such information, subject to any ruling by the Court respecting

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the designation of such information as CONFIDENTIAL.

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9.

Notwithstanding any other provisions of this Order, nothing shall prohibit counsel

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for a party from disclosing a document, whether designated as CONFIDENTIAL, to any

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employee, officer, or director of the party who produced the document or information so

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designated.

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10.

If a receiving party learns that, by inadvertence or otherwise, it has disclosed

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protected material to any person or in any circumstance not authorized under this Protective

24

Order, 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 copies of the protected material,

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and (c) inform the person or persons to whom unauthorized disclosures were made of all the

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terms of this Protective Order.

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M ORGAN , L EWIS &
B OCKIUS LLP

11.

ATTORNEYS AT LAW

Any information or documents designated as CONFIDENTIAL, if filed or lodged
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LOS ANGELES

DB2/ 22843590.1

[PROPOSED] PROTECTIVE ORDER

1

with the Court, shall be filed in accordance with Northern District of California Civil Local Rule

2

79-5 and Judge Illston’s Standing Order. The party filing or lodging any pleading or paper which

3

contains any information or document subject to this Protective Order shall comply with Northern

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District of California Civil Local Rule 79-5 and Judge Illston’s Standing Order. At the

5

conclusion of this case, any materials filed with the Court under seal shall be kept under seal or be

6

returned to the party filing it for disposition as provided for in Paragraph 15.

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12.

Except as provided in Paragraph 9 of this Protective Order, any party may mark

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any documents or information designated as CONFIDENTIAL as an exhibit to a deposition,

9

hearing, or other proceeding and examine any witness thereon, provided (i) the witness previously

10

has executed a written confidentiality agreement in the form of Exhibit A hereto, (ii) the exhibit

11

and related transcript pages receive the same type of confidentiality designation as the original

12

document, and (iii) there is reason to believe this witness has knowledge or information to which

13

such designated material is relevant.

14

13.

No party is precluded from applying to the Court for an Order permitting the

15

disclosure or use of information or documents otherwise covered by this Protective Order, or

16

from applying for an Order modifying this Protective Order in any respect. No party shall be

17

obligated to challenge the propriety of any confidentiality designation (whether

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CONFIDENTIAL) and failure to do so shall not preclude a subsequent attack on the propriety of

19

such designation.

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14.

On any motions challenging the withholding of documents or information or

21

seeking greater disclosure of documents or information designated CONFIDENTIAL than

22

allowed by this Protective Order without Court order, the parties’ respective burdens of proof

23

shall be as outlined in Bridgestone v. Superior Court, 7 Cal. App. 4th 1384 (1992). Any withheld

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material ordered by the Court to be disclosed shall be deemed classified CONFIDENTIAL under

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this Protective Order unless the Court orders otherwise, and any such order may include

26

additional safeguards to protect the disclosed material from further disclosure. Any party ordered

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to disclose information that was initially withheld from production may seek writ review of that

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order.

M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

5

LOS ANGELES

DB2/ 22843590.1

[PROPOSED] PROTECTIVE ORDER

1

15.

Upon final termination of this action, including all appellate proceedings, unless

2

otherwise requested in writing by an attorney of record for the designating party to return material

3

designated as CONFIDENTIAL to the party from whom the designated material was obtained,

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each party shall destroy all material designated as CONFIDENTIAL, including all copies,

5

extracts, and summaries thereof. Proof of such destruction, in the form of a declaration under

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oath by a person with personal knowledge of the destruction, will be supplied by each party to all

7

counsel of record. Notwithstanding the provisions in this Paragraph, counsel are entitled to retain

8

an archival copy of all pleadings, motion papers, transcripts, legal memoranda, and

9

correspondence or attorney work product, even if such materials contain protected material.

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16.

No part of the restrictions imposed by this Protective Order may be terminated,

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except by the written stipulation executed by counsel of record for each designating party, or by

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an order of this Court for good cause shown. The termination of this action shall not terminate

13

this Protective Order.

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17.

This Protective Order may be amended and exceptions may be made only by

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written stipulation of the parties or by order of the Court for good cause shown on noticed

16

motion. Nothing in this Protective Order abridges the right of any person to seek its modification

17

by the Court in the future.

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18.

By stipulating to the entry of this Protective Order, no party waives any right it

19

otherwise would have to object to disclosing or producing any information or item on any ground

20

not addressed in this Protective Order. Similarly, no party waives any right to object on any

21

ground to use in evidence of any of the material covered by this Protective Order.
IT IS SO ORDERED AS AMENDED.

AS M

NO

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IT

H

ER

Illston

LI

RT

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M ORGAN , L EWIS &
B OCKIUS LLP

usan
Judge S

ATTORNEYS AT LAW

6

LOS ANGELES

DB2/ 22843590.1

R NIA

26

RED
D
ODIFIE

E
UNITEDSO ORDDISTRICT JUDGE
IS STATES

FO

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UNIT
ED

12/12/2011
Date: ______________________

S DISTRICT
TE
C
TA

RT
U
O

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S

23

A

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N

C

F
[PROPOSED] PROTECTIVE ORDER

D IS T IC T O
R

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2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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11

HOWARD DAVID PROVINE,
individually and on behalf of other persons
similarly situated,

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13
14

Plaintiff,

Case No. CV 11-00903 SI
EXHIBIT A TO PROTECTIVE ORDER:
ACKNOWLEDGEMENT OF RECEIPT OF
STIPULATED PROTECTIVE ORDER AND
CERTIFICATE OF COMPLIANCE

vs.
OFFICE DEPOT, INC., and DOES 1
through 10,

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16

Defendants.

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

7

LOS ANGELES

DB2/ 22843590.1

[PROPOSED] PROTECTIVE ORDER

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I certify that I have received and carefully read a copy of the Stipulation to Entry of

2

Protective Order, and Order thereon, in the above-captioned case and that I fully understand the

3

terms of the Court’s Order. I recognize that I am bound by the terms of this Order, and I agree to

4

comply with those terms. I hereby consent to the personal jurisdiction of the United States

5

District Court for the Northern District of California for any proceedings involving the

6

enforcement of that Order.

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I declare under penalty of perjury pursuant to the laws of the United States and California

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that the foregoing is true and correct. Executed this ______ day of _____________, 201__, at

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___________________, ___________________.

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11

Name:

__________________________________

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Affiliation:

__________________________________

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Business Address:

__________________________________

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Home Address:

__________________________________

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Signature:

__________________________________

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

8

LOS ANGELES

DB2/ 22843590.1

[PROPOSED] PROTECTIVE ORDER