Davis v. Cole Haan, Inc.

Filing 47

ORDER GRANTING (46 in 3:11-cv-01826-JSW) STIPULATION RE: PROTECTIVE ORDER. Signed by Judge Jeffrey S. White on 1/30/12. (jjoS, COURT STAFF) (Filed on 1/30/2012)

Case3:11-cv-01826-JSW Document46 Filed01/12/12 Page1 of 17

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COOLEY LLP
MICHELLE C. DOOLIN (179445) ([e-mail])
JENNIFER M. FRENCH (265422) ([e-mail])
4401 Eastgate Mall
San Diego, CA 92121
Telephone:
[phone]
Facsimile:
[phone]
COOLEY LLP
BEATRIZ MEJIA (190948) ([e-mail])
MATTHEW M. BROWN (264817) ([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
COLE HAAN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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TAMMIE DAVIS, an individual, on behalf of
herself and all others similarly situated,

Consolidated Case No. 11-cv-01826-JSW

Plaintiff,

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER GOVERNING THE
HANDLING OF CONFIDENTIAL MATERIAL

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v.
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COLE HAAN, INC., a New York
Corporation; and DOES 1 through 50,
inclusive,

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Defendants.

Hon. Jeffrey S. White
Courtroom 11, 19th Floor

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STEFANI CONCEPCION, an individual, on
behalf of herself and all others similarly
situated,

Case No. 11-cv-02187-JSW

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Plaintiff,
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v.
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COLE HAAN, INC., a New York
Corporation; and DOES 1 through 50,
inclusive,

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Defendants.
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COOLEY LLP

CONSOLIDATED CASE NO. 11-CV-01826-JSW

ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING THE HANDLING OF CONFIDENTIAL MATERIAL

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING THE
HANDLING OF CONFIDENTIAL MATERIAL

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WHEREAS, plaintiffs Tammie Davis and Stefani Concepcion and defendant Cole Haan

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contemplate that the discovery of documents and other information in the above-referenced

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consolidated action (the “Litigation”) may involve the production of materials that the producing

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party may reasonably believe in good faith to be protected from public disclosure under

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applicable law;

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WHEREAS, the parties seek to protect against the risk of injury from the public
dissemination of such confidential information; and
WHEREAS, the parties desire to enter into this confidentiality stipulation to facilitate the
discovery process by protecting against the unauthorized disclosure of confidential materials;

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NOW, THEREFORE, the parties hereby stipulate and agree, through their undersigned

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counsel, to the following terms and conditions that they contemplate will govern the production

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of information that the producing party reasonably and in good faith deems to be confidential, and

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further stipulate, agree, and request that the Court enter a protective order consistent with the

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terms of this confidentiality stipulation (“Protective Order”):

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1.

Discovery Material. The following terms, conditions, procedures, and restrictions

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govern with respect to documents, electronic data, and any other forms of information produced

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or voluntarily exchanged in the Litigation by any parties or non-parties, including but not limited

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to: any “writings” (as that term is defined in Rule 1001 of the Federal Rules of Evidence); all

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discovery contemplated by Rules 26 through 36 of the Federal Rules of Civil Procedure,

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including responses to all written discovery requests and demands and deposition testimony and

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exhibits, however recorded; and any other written, recorded, or graphic matters (“Discovery

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Material”).

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2.

Protected Material. The Protective Order shall govern the pre-trial disclosure,

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use, and disposition of all Discovery Material that a designating or producing party or non-party

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reasonably believes in good faith to be entitled to protection from disclosure under applicable law

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because disclosure would implicate a personal, financial, or other privacy interest protected by

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1.

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING THE HANDLING OF CONFIDENTIAL MATERIAL

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law, including but not limited to, trade secret or other confidential research, development or

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commercial information, credit card numbers, customer information, home telephone numbers

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and addresses, personnel evaluations, and banking information (“Protected Material”).

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parties shall meet and confer at the pre-trial conference or other appropriate time to discuss

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procedures for the use of Protected Material at trial.

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3.

The

Designations. It shall be the duty of the party producing the Protected Material to

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give notice of the Protected Material designated to be covered by this Protective Order in the

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manner set forth in paragraph 7 below. A party with an interest, other than the producing party,

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in the confidentiality of the material to be produced or already produced because either (a) the

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material contains the party’s trade secrets or other confidential research, development,

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commercial, or personal information, or (b) the material contains information provided to that

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party by a non-party under an agreement with the non-party that the party would maintain the

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confidentiality of the information, may also give notice that the material is Protected Material

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covered by this Protective Order and should be designated in the manner set forth in paragraph 7

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below.

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4.

Duties. The duty of the party or parties receiving the Protected Material, and of all

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other persons bound by this Protective Order to maintain the confidentiality of Protected Material

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so designated, shall commence with such notice. Protected Material shall be designated, subject

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to the provisions of this Order, with one of the following designations:

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a.

“Confidential;” or

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b.

“Highly Confidential – Attorneys’ Eyes Only.”

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No person subject to this Protective Order may disclose, in public or private, any Protected Material

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designated by another party as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only,”

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except as provided for in this Protective Order or as further ordered by the Court.

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5.

Definition of Confidential. Discovery Material produced by any party or non-

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party as part of formal or informal discovery in the Litigation may be designated by the producing

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party or non-party as “Confidential.” Absent a specific order by the Court, once designated as

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“Confidential,” such designated Discovery Material and any information contained therein or

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2.

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derived there from shall be used by the parties solely in connection with the Litigation and shall

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not be used or disclosed by the parties for any other purposes, including but not limited to any

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other litigation or any other business, competitive, or governmental purposes or functions. Any

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such Protected Material shall not be disclosed to anyone except as provided in the Protective

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Order. Discovery Material may be designated as “Confidential” if the designating party believes

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that such material constitutes, discloses, or relates to Protected Material, including the following:

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processes, operations, or research; technical or developmental information; production,

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marketing, sales, financial, or other proprietary data or information of commercial value; or

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personnel, customer, or otherwise private data that is protected from public disclosure by a

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person’s right to privacy.
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Definition of Highly Confidential – Attorneys’ Eyes Only. Discovery Material

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produced by any party or non-party as part of formal or informal discovery in the Litigation may

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be designated as “Highly Confidential – Attorneys’ Eyes Only” if the designating party believes

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that such material constitutes, contains, and/or reflects highly sensitive financial information,

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business plans, business strategy, commercial information, including, for example negotiations,

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vendor, supply, and other contracts and license agreements, personnel information (including, for

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example, compensation, evaluations, and other employment information) maintained as

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confidential for employee privacy reasons, trade secrets, non-public information including, but

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not limited to, marketing or sales information, ongoing research and development projects, or

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other information which is likely to cause harm to its competitive position if it becomes known to

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a party other than the disclosing party.

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7.

Designation Procedure. The designation of Discovery Material as “Confidential”

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or “Highly Confidential – Attorneys’ Eyes Only” for purposes of this Protective Order shall be

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made in the following manner by the party or non-party seeking protection:

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a.

For documents, exhibits, briefs, memoranda, interrogatory responses,

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responses to requests for production or admissions, or other material (apart from depositions or

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other pre-trial testimony): by affixing the legend “Confidential” or “Highly Confidential –

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Attorneys’ Eyes Only” as appropriate, to any such Discovery Material containing any confidential

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

3.

CONSOLIDATED CASE NO. 11-CV-01826-JSW

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information at the time such documents are produced or such information is disclosed, or as soon

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thereafter as the party or non-party seeking protection becomes aware of the confidential nature

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of the information or material disclosed and sought to be protected under this Protective Order;

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and

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b.

For depositions or other pre-trial testimony: a party or non-party may

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designate information disclosed during a deposition or other pre-trial testimony as “Confidential”

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or “Highly Confidential – Attorneys’ Eyes Only” by so indicating in said responses or on the

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record at the deposition, and by requesting the preparation of a separate transcript of such

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material. In addition, a party or non-party may designate in writing, within thirty (30) calendar

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days after receipt of said responses or of the deposition transcript for which the designation is

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proposed, the specific pages of the transcript and/or specific responses to be treated as

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“Confidential” or “Highly Confidential – Attorneys’ Eyes Only.”

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c.

Any other party may object to any designation made pursuant to the terms

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of this paragraph 7 in writing or on the record. Upon such objection, the parties shall follow the

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procedures described in paragraph 11 below.

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paragraph 7, the Protected Material shall be treated as such until the matter is resolved according

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to the procedures described in paragraph 11 below. Counsel for all parties shall be responsible

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for marking all previously unmarked copies of the Protected Material in their custody, control, or

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possession with that designation.

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8.

After any designation made pursuant to this

Submissions to the Court. All complaints, answers, motions, briefs, declarations,

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or any other papers or pleadings intended to be filed with the Court that contain, comprise, quote

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from, summarize, excerpt, append, or otherwise embody Protected Material shall be subject to the

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procedures set forth in Northern District of California Civil Local Rule 79-5. Such procedures

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are summarized in part below, and in the event of any conflict between those rules and the

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procedures noted in this Protective Order, said rules shall govern.

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a.

Party intends to move for order sealing records. If a party brings any

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proceeding before the Court in which such party intends to disclose material designated as

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Protected Material to the Court and further intends to request that the record containing such

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

4.

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information be sealed, said party shall lodge with the Court any such materials, together with any

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pleadings, memorandums, declarations, or other documents that disclose the contents of such

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materials, and timely submit to the Court an administrative motion for filing such information

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under seal, all in accordance with Northern District of California Civil Local Rules 7-11 and 79-5.

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b.

Party does not intend to move for order sealing records. If a party

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brings any proceeding before the Court in which such party intends to disclose any material

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designated as Protected Material to the Court but does not intend to request that the record

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containing such information be sealed, they must proceed as follows:

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(1)

Lodge the un-redacted materials designated as Protected Material

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and any pleadings, memorandums, declarations, or other documents that disclose the contents of

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such materials in the manner set forth in Northern District of California Civil Local Rules 7-11

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and 79-5;

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(2)

File copies of the documents noted in paragraph 8(b)(1), above, that

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are redacted, so they do not disclose the contents of any materials designated as Protected

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Material; and

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(3)

Give written notice to the party that produced the materials lodged

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as noted in paragraph 8(b)(1), above, will be placed in the public court file unless that party files a

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timely administrative motion to seal the records under Northern District of California Civil Local

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Rule 79-5.

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c.

Declaration in support of motion for order sealing records.

In

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connection with any party’s request to have any material sealed that was lodged with the Court

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pursuant to this paragraph, the declaration in support of any such request shall contain sufficient

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particularity with respect to the particular materials at issue and the basis for sealing them to

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enable the Court to make the findings required by Northern District of California Civil Local

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Rules 79-5 without being required to review each item of materials so designated.

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9.

Access to Confidential Material. All Protected Material and information derived

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from Protected Material shall be used by the parties solely in connection with the Litigation and

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shall not be used or disclosed by the parties for any other purpose, including but not limited to

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

5.

CONSOLIDATED CASE NO. 11-CV-01826-JSW

STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING THE HANDLING OF CONFIDENTIAL MATERIAL

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any other litigation, or any other business, competitive, or governmental purposes or function.

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Such Protected Material shall not be disclosed to anyone except as provided herein. Discovery

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Material marked as “Confidential,” including copies or extracts there from and compilations and

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summaries thereof, may be disclosed, summarized, described, characterized, or otherwise

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communicated or made available, in whole or in part, only to the following persons:

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a.

The parties, including directors and officers of the respective parties;

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b.

The in-house and outside counsel of record for the parties and regular and

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temporary employees or employee equivalents (e.g., vendors, paralegals, office clerks,

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secretaries, and other support staff) of such counsel to whom it is necessary that the information

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or material be shown for the purposes of the Litigation;

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c.

Experts and consultants for the purpose of assisting any party in the

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preparation of the case or for the purpose of providing testimony, whether by deposition, any pre-

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trial proceeding, settlement proceedings, or arbitration. Before receiving Protected Material, any

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such expert or consultant shall agree and be subject to the terms of this Protective Order and this

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Court’s jurisdiction for enforceability purposes, and shall execute the acknowledgment attached

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hereto as Exhibit A;

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d.

The Court and its personnel (including court reporters, transcribers, notary

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publics, stenographers, or videographers) to whom disclosure is reasonably necessary for this

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Litigation;

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e.

Copy services or graphics or design services retained by counsel for a party

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for purposes of preparing demonstrative or other exhibits for deposition, pre-trial proceedings,

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arbitration or settlement proceedings, provided such persons are notified of the terms of this

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Protective Order and have executed the acknowledgment attached hereto as Exhibit A.

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f.

Any authors or recipients of the Protected Material;

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g.

Any persons (and their counsel) who may testify at a deposition, pre-trial

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hearing, or arbitration of the Litigation, including any preparation for such testimony or any

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witness who may present evidence in this case; provided such persons are notified of the terms

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and provided with a copy of this Protective Order, have executed the acknowledgment attached

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

6.

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hereto as Exhibit A, and are not permitted to retain copies of any Protected Material. At the

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request of any party, any portion of a deposition transcript involving Protected Material shall be

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designated in accordance with paragraph 7 above.

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h.

Non-technical jury or trial consulting services retained by counsel for a

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party, provided such persons are notified of the terms and provided with a copy of this Protective

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Order and have executed the acknowledgment attached hereto as Exhibit A.

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i.

Any other person only upon order of the Court or upon prior written

consent of the party or non-party producing the Protected Material.

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Executed copies of Exhibit A shall be retained by counsel to the party disclosing the

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Protected Material and shall be made available for inspection by opposing counsel during the

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pendency or after the termination of the Litigation only upon order of the Court for good cause

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shown.

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10.

Access To Highly Confidential – Attorneys’ Eyes Only Material. Discovery

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Material designated “Highly Confidential – Attorneys’ Eyes Only” shall be available only to the

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categories of persons identified in paragraphs 9(b)–(i), above.

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11.

Challenging a Designation. If a party receiving Discovery Material that has been

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designated as Protected Material seeks removal of protection for particular items so designated on

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the ground that such protection is not warranted under controlling law, the following procedure

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shall be used:

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a.

The receiving party seeking such removal shall give counsel of record for

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the designating party, notice thereof, in writing by facsimile or email followed by a hard copy

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sent next business day courier, specifying the documents, things, or information for which such

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removal is sought and the reasons for the request. The designating party shall have ten (10)

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business days after receiving that notification within which to object to the removal of protection

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afforded by this Protective Order. Any such objection shall be made in writing (by facsimile or

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email followed by a hard copy sent next business day courier). Failure to object within the

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requisite time limit is deemed a waiver of any claim to protection for that specific document,

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thing, or information under this Protective Order.

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

7.

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b.

If the parties (or parties and third parties in the event the producing party is

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a third party), cannot informally reach agreement concerning the matter, the designating party

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requesting protection for particular items may move for an appropriate ruling upon filing a formal

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motion from this Court within forty-five (45) calendar days of receiving notice under

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paragraph 11(a). If no motion is made by the party requesting protection, the material shall

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continue to be treated in accordance with the original designation until the expiration of forty-five

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(45) calendar days from the date of the receiving party’s written challenge to the designation. If a

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motion is made by the designating party, the material will continue to be treated as protected until

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the Court rules. The designating party shall have the burden of establishing that designation

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under applicable law. If no motion is made, the Protected Material shall lose its confidential

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status.

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c.

For purposes of this Litigation or any other action, the failure to challenge

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a designation does not concede the Protected Material does in fact contain or reflect trade secrets

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or proprietary or confidential information.

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propriety of the designation of Protected Material at the time made, and failure to do so shall not

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preclude a subsequent challenge.

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12.

Parties shall not be obligated to challenge the

Jurisdiction. All persons who have access to Protected Material acknowledge

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they are bound by the items of the Protective Order and submit to the jurisdiction of this Court for

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purposes of interpreting and/or enforcing the Protective Order. The Court shall retain jurisdiction

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to amend, modify, or enforce this Protective Order upon stipulation of the parties to this

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Litigation, motion by any party, or on its own motion.

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13.

No Prejudice. Entering into, agreeing to, and/or producing or receiving Protected

Material, or otherwise complying with the terms of this Protective Order, shall not:
a.

Operate as an admission by a party that any particular Protected Material

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contains or reflects trade secrets, proprietary or commercially sensitive information, information

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that implicates any individual’s privacy interests, or any other type of confidential information;

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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b.

Operate as an admission by a party that the restrictions and procedures set

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forth herein constitute or do not constitute adequate protection for any particular Protected

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Material;

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c.

Prejudice in any way the right of a party to object to the authenticity or

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admissibility into evidence of any document, testimony, or other evidence subject to the

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Protective Order;

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d.

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Court as to whether information or material is subject to the terms of the Protective Order;

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Prejudice in any way the rights of a party to seek a determination by the

e.

Prejudice in any way the rights of a party to petition the Court for a further

protective order relating to any purportedly confidential information;

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f.

Prevent the parties from agreeing in writing or on the record during a

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deposition or hearing in the Litigation to alter or waive the provisions or protections provided for

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herein with respect to any particular information or material;

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g.

Limit a party’s ability to grant non-parties access to its own documents

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and/or information (provided such information is not derived from any Protected Material of

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another party);

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h.

Limit any party from introducing Protected Material into evidence at any

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pre-trial proceeding, subject to the terms of this Protective Order and the designating party’s (or

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designating third party’s) right to seek further protection from the Court;

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i.

Be deemed to waive any applicable privilege or work product protection,

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or to affect the ability of a party to seek relief for an inadvertent disclosure of material protected

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by privilege or work product protection; and/or

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j.

Prevent a party or third party from objecting to discovery which it believes

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to be improper, including objections based upon the privileged, confidential, or proprietary nature

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of the Protected Material requested, or based on an argument the discovery sought is beyond the

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scope permitted under the Code of Civil Procedure.

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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14.

Use of Party’s Own Protected Material. The Protective Order shall have no

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effect upon, and shall not apply to, a party’s use or disclosure of its own Protected Material for

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any purpose.

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15.

Use of Information Obtained Independent of Proceedings. Nothing contained

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herein shall impose any restrictions on the use or disclosure by a party of documents, information,

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or Protected Material obtained lawfully by such party independently of any proceedings in the

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Litigation; or which already was known to such party by lawful means prior to acquisition from,

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or disclosure by, the other party in this action; or which becomes publicly known through no fault

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or act of such party.

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16.

Non-Parties’ Confidentiality Rights.

If Protected Material in the custody,

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control, or possession of a party involves the privacy or confidentiality interests of a non-party, or

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its disclosure would violate a protective order issued in another action, the party with possession

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or control of such information shall attempt to obtain the non-party’s consent to disclosure of the

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information under the terms of the Protective Order unless otherwise ordered by the Court. If the

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consent of the non-party cannot be obtained, the party will notify the other parties of:

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a.

the existence of the information without producing such information; and

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b.

the identity of the non-party (provided, however, that disclosure of the

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identity of the non-party would not violate any confidentiality obligations).
The party seeking discovery may then make further application to the non-party or seek
other means to obtain such information.
17.

Inadvertent Disclosure of Confidential Information. The failure by a party or a

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non-party to designate Discovery Material as Protected Material shall not, by itself, be deemed a

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waiver in whole or in part of a claim of confidentiality as to such documents or materials. Upon

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written notice to the party or parties receiving the Discovery Material of such failure to designate,

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or of incorrect designation, the receiving party or parties shall cooperate to retrieve disseminated

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copies, and restore the confidentiality of the inadvertently disclosed information beyond those

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persons authorized to review such information under paragraphs 9 and 10, and shall thereafter

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take reasonable steps to ensure that the Protected Material is treated in accordance with the

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

10.

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designation. No person or party shall incur any liability hereunder with respect to disclosure that

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occurred prior to the receipt of written notice of the mistaken designation.

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18.

Inadvertent Disclosure of Privileged Information. If, in connection with the

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Litigation, a producing party inadvertently discloses information subject to a claim of attorney-

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client privilege or attorney-work product protection (“Inadvertently Disclosed Information”), the

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disclosure of the Inadvertently Disclosed Information will not constitute or be deemed a waiver or

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forfeiture of any claim of privilege or work product protection that the producing party would

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otherwise be entitled to assert with respect to the Inadvertently Disclosed Information and its

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subject matter. If a claim of inadvertent disclosure is made by a producing party with respect to

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Inadvertently Disclosed Information, the receiving party will, within five (5) business days, return

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or destroy all copies of the Inadvertently Disclosed Information and certify that all such

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Inadvertently Disclosed Information has been returned or destroyed.

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19.

Modification of Protective Order. It is the present intention of the parties that

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the provisions of the Protective Order shall govern discovery and other pre-trial proceedings in

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the Litigation. Nothing herein shall prevent disclosure beyond the terms of this Protective Order

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if counsel for the party that designated as “Confidential” or “Highly Confidential – Attorneys’

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Eyes Only” any Discovery Material under the terms of paragraphs 3 and 4 above consents in

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writing or on the record to such disclosure. Any consent so given shall not be deemed a waiver of

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any other designation. Each of the parties hereto shall be entitled to seek modification of the

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Protective Order for good cause by application to the Court on notice to the other parties hereto.

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20.

Survival and Final Disposition of Protected Material. Final termination of the

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Litigation, including exhaustion of appellate remedies, shall not terminate the limitations on use

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and disclosure imposed by the Protective Order. Upon final termination of the Litigation by final

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judgment (whether by settlement, trial, or otherwise), including the time for filing and resolution

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of all appeals, or within such other period as the parties may agree upon, and upon written request

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of the producing party, all Protected Material and copies thereof, including such material in the

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hands of outside experts or consultants, shall be delivered to counsel of record for the producing

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party of such material. In the absence of any such written request, any Protected Material shall be

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

11.

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destroyed within sixty (60) calendar days of final termination of the Litigation. In the event of

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destruction, the producing party shall promptly be advised in writing that such Protected Material

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has been destroyed. Any Protected Material filed or lodged with and retained by the Court shall

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not be subject to the provisions of this paragraph 19. Notwithstanding the foregoing, counsel of

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record may retain copies of briefs and other papers filed with the Court, deposition transcripts,

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discovery responses (including documents produced and attorney work product that contains or

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constitutes Protected Material, so long as such briefs and other papers are maintained in

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accordance with the provisions of the Protective Order).

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21.

Use of Protected Material in Court Proceedings. In the event that any Protected

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Material is used in any court proceeding in the Litigation or any appeal there from, such material

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shall not lose its protected status through such use. Counsel for the parties shall confer on such

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procedures as may be necessary to protect the confidentiality of any documents, information, and

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transcripts used in the course of any court proceedings, and shall incorporate such procedures, as

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appropriate, in the pre-trial order.

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22.

Violation of this Protective Order. In the event any person or entity violates or

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threatens to violate the terms of this Protective Order, the aggrieved party may apply for

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injunctive relief against any such person or entity. If Protected Material is disclosed in violation

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of this Protective Order, any party subject to this order who caused, permitted, or was otherwise

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responsible for the disclosure shall immediately inform the designating party of all pertinent facts

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relating to the disclosure, and shall make reasonable efforts to prevent any further disclosure,

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including any disclosure by any person or entity that received any Protected Material in violation

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of the Protective Order.

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Other Actions. If any party is (a) subpoenaed in another action, (b) served with a

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demand in another action to which it is a party, or (c) served with any legal process by one not a

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party to this action seeking information or material which was produced or designated as

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Protected Material by someone other than that party, the party shall give prompt actual written

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notice, by hand or facsimile transmission, within ten (10) calendar days of receipt of such

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subpoena, demand, or legal process, to those who produced and/or designated the Protected

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

12.

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING THE HANDLING OF CONFIDENTIAL MATERIAL

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Material prior to compliance with the subpoena, demand, or legal process, so as to allow the

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producing and/or designating parties to seek protection by the Court(s). Nothing herein shall be

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construed as requiring the party or anyone else covered by this Protective Order to challenge or

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appeal any order requiring production of information or material covered by this Protective

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Order, or to subject itself to any penalties for noncompliance with any legal process or order, or to

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seek any relief from this Court.

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Respectfully submitted,

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Dated: January 12, 2012

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COOLEY LLP
MICHELLE C. DOOLIN
BEATRIZ MEJIA
JENNIFER M. FRENCH
MATTHEW M. BROWN

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/s/ Matthew M. Brown____________________
Matthew M. Brown

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Attorneys for Defendant
Cole Haan

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Dated: January 12, 2012

HARRISON PATTERSON & O’CONNOR LLP
JAMES R. PATTERSON

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/s/ James R. Patterson_____________________
James R. Patterson

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Attorneys for Plaintiff
TAMMIE DAVIS

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Dated: January 12, 2012

STONEBARGER LAW, APC
GENE J. STONEBARGER
RICHARD D. LAMBERT

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/s/ Gene J. Stonebarger_____________________
Gene J. Stonebarger
Attorneys for Plaintiff
STEFANI CONCEPCION

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

13.

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FILER’S ATTESTATION

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Filer’s Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures,

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Matthew M. Brown hereby attests that concurrence in the filing of this document has been

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obtained.

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/s/ Matthew M. Brown__________
Matthew M. Brown

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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CONSOLIDATED CASE NO. 11-CV-01826-JSW

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EXHIBIT A

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CONFIDENTIALITY ACKNOWLEDGEMENT

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I, ____________________, state the following:

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1.

I have received a copy of the Protective Order entered in the consolidated cases

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captioned: Davis v. Cole Haan, Consolidated Case No. 11-cv-01826-JSW, in the United States

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District Court for the Northern District of California (the “Litigation”).

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2.

I have read and understand the Protective Order and agree to be bound by all of its

3.

I hereby submit to the jurisdiction of this Court, and to the application of

terms.

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applicable law for the purpose of enforcement of the terms of the Protective Order and of my

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agreement herein.

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4.

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I shall not use or disclose to others, except in accordance with the terms of the

Protective Order, any Protected Materials.

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5.

Upon termination of the Litigation, I will promptly destroy or return all original

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and any copies of Protected Material that came into my possession to the person to supplied me

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with such material. I also will destroy any notes and/or documents that contain references to

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Protected Material, unless it is practicable to permanently delete any and all such references.

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6.

If I fail to comply with the terms of the Protective Order or my agreement herein, I

understand that I may be subject to contempt of court and/or civil damages.

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Dated:
Signature

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Printed name
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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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[PROPOSED] ORDER

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Having considered the parties’ Stipulated Protective Order as outlined above, and for good

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cause shown, the Court GRANTS the Stipulated Protective Order and hereby ADOPTS the

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Stipulated Protective Order as the order of this Court.

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IT IS SO ORDERED.

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January 30, 2012
Dated

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___________________________________
The Honorable Jeffrey S. White
United States District Judge

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1246946 v1/SF

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

16.

CONSOLIDATED CASE NO. 11-CV-01826-JSW

STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING THE HANDLING OF CONFIDENTIAL MATERIAL