Lounibos v. Keypoint Government Solutions Inc
Filing
18
STIPULATION AND ORDER re 16 STIPULATED PROTECTIVE ORDER RE: DISCOVERY AND PRODUCTION OF DOCUMENTS] filed by Keypoint Government Solutions Inc. Signed by Judge Edward M. Chen on 7/25/12. (bpf, COURT STAFF) (Filed on 7/25/2012)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
STEVEN L. HAMMOND (SBN 220521)
ANDREW M. KLIMENKO (SBN 124612)
Hammond Law Group, P.C.
One Embarcadero Center, Suite 2360
San Francisco, California 94111
Telephone: (415) 955-1915
DAVID HARRIS (SBN 215224)
North Bay Law Group
116 E Blithedale Avenue, Suite 2
Mill Valley, CA 94941
Telephone: (415) 388-8788
FRANCIS SHEHADEH (SBN 251130)
Law Office of Francis J. Shehadeh
819 Eddy Street
San Francisco, CA 94109
Telephone: (415) 771-6174
Attorneys for Plaintiff
DONALD LOUNIBOS
MICHELLE B. HEVERLY, Bar No. 178660
KARIN M. COGBILL, Bar No. 244606
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, California 95113.2303
Telephone:
408.998.4150
Attorneys for Defendant
KEYPOINT GOVERNMENT SOLUTIONS, INC.
17
18
UNITED STATES DISTRICT COURT
19
NORTHERN DISTRICT OF CALIFORNIA
20
SAN FRANCISCO DIVISION
21
22
DONALD LOUNIBOS, on behalf of
himself and all others similarly situated,
23
24
25
26
27
Plaintiff,
v.
Case No. 12-CV-0636 (EMC)
STIPULATED PROTECTIVE ORDER RE:
DISCOVERY AND PRODUCTION OF
DOCUMENTS
KEYPOINT GOVERNMENT
SOLUTIONS, INC., a Delaware
Corporation and DOES 1-10, inclusive,
Defendants.
28
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
FIRMWIDE:113235139.1 063273.1017
STIPULATED PROTECTIVE ORDER
(No. 12-CV-0636 (EMC))
1
1.
PURPOSES AND LIMITATIONS
2
Disclosure and discovery activity in this action are likely to involve production of
3
confidential, proprietary, or private information for which special protection from public disclosure
4
and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly,
5
the parties hereby stipulate to and petition the court to enter the following Stipulated Protective
6
Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures
7
or responses to discovery and that the protection it affords from public disclosure and use extends
8
only to the limited information or items that are entitled to confidential treatment under the
9
applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that
10
this Stipulated Protective Order does not entitle them to file confidential information under seal;
11
Civil Local Rule 79-5 and General Order 62 set forth the procedures that must be followed and the
12
standards that will be applied when a party seeks permission from the court to file material under
13
seal. The parties stipulate and agree that, with the exception of any disclosure required by Paragraph
14
8, the use of Protected Material is strictly limited to the prosecution or defense of this matter.
15
2.
16
17
18
DEFINITIONS
2.1
Challenging Party:
a Party or Non-Party that challenges the designation of
information or items under this Order.
2.2
“CONFIDENTIAL” Information or Items:
information (regardless of how it is
19
generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of
20
Civil Procedure 26(c).
21
22
23
24
25
2.3
Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well
as their support staff).
2.4
Designating Party: a Party or Non-Party that designates information or items that it
produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.5
Disclosure or Discovery Material: all items or information, regardless of the medium
26
or manner in which it is generated, stored, or maintained (including, among other things, testimony,
27
transcripts, and tangible things), that are produced or generated in disclosures or responses to
28
discovery in this matter.
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
FIRMWIDE:113235139.1 063273.1017
2.
STIPULATED PROTECTIVE ORDER
(No. 12-CV-0636 (EMC))
1
2.6
Expert: a person with specialized knowledge or experience in a matter pertinent to
2
the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
3
consultant in this action.
4
5
2.7
2.8
10
2.9
behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
2.10
Party: any party to this action, including all of its officers, directors, employees,
consultants, retained experts, and Outside Counsel of Record (and their support staffs).
13
14
Outside Counsel of Record: attorneys who are not employees of a party to this action
but are retained to represent or advise a party to this action and have appeared in this action on
11
12
Non-Party: any natural person, partnership, corporation, association, or other legal
entity not named as a Party to this action.
8
9
attorneys who are employees of a party to this action. House
Counsel does not include Outside Counsel of Record or any other outside counsel.
6
7
House Counsel:
2.11
Producing Party:
a Party or Non-Party that produces Disclosure or Discovery
Material in this action.
15
2.12
Professional Vendors: persons or entities that provide litigation support services
16
(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,
17
storing, or retrieving data in any form or medium) and their employees and subcontractors.
18
19
2.13
Protected Material:
any Disclosure or Discovery Material that is designated as
“CONFIDENTIAL.”
20
2.14
Receiving Party: a Party that receives Disclosure or Discovery Material from a
21
Producing Party.
22
3.
SCOPE
23
The protections conferred by this Stipulation and Order cover not only Protected Material (as
24
defined above), but also (1) any information copied or extracted from Protected Material; (2) all
25
copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
26
conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
27
However, the protections conferred by this Stipulation and Order do not cover the following
28
information: (a) any information that is in the public domain at the time of disclosure to a Receiving
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
FIRMWIDE:113235139.1 063273.1017
3.
STIPULATED PROTECTIVE ORDER
(No. 12-CV-0636 (EMC))
1
Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of
2
publication not involving a violation of this Order, including becoming part of the public record
3
through trial or otherwise; and (b) any information known to the Receiving Party prior to the
4
disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the
5
information lawfully and under no obligation of confidentiality to the Designating Party. Any use of
6
Protected Material at trial shall be governed by a separate agreement or order.
7
4.
DURATION
8
Even after final disposition of this litigation, the confidentiality obligations imposed by this
9
Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
10
otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and
11
defenses in this action, with or without prejudice; and (2) final judgment herein after the completion
12
and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the
13
time limits for filing any motions or applications for extension of time pursuant to applicable law.
14
5.
15
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection. Each Party or
16
Non-Party that designates information or items for protection under this Order must take care to
17
limit any such designation to specific material that qualifies under the appropriate standards. The
18
Designating Party must designate for protection only those parts of material, documents, items, or
19
oral or written communications that qualify – so that other portions of the material, documents,
20
items, or communications for which protection is not warranted are not swept unjustifiably within
21
the ambit of this Order.
22
Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown
23
to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily
24
encumber or retard the case development process or to impose unnecessary expenses and burdens on
25
other parties) expose the Designating Party to sanctions.
26
If it comes to a Designating Party’s attention that information or items that it designated for
27
protection do not qualify for protection, that Designating Party must promptly notify all other Parties
28
that it is withdrawing the mistaken designation.
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
FIRMWIDE:113235139.1 063273.1017
4.
STIPULATED PROTECTIVE ORDER
(No. 12-CV-0636 (EMC))
1
5.2
Manner and Timing of Designations. Except as otherwise provided in this Order
2
(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
3
Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
4
designated before the material is disclosed or produced.
5
Designation in conformity with this Order requires:
6
(a) for information in documentary form (e.g., paper or electronic documents, but
7
excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
8
affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion
9
or portions of the material on a page qualifies for protection, the Producing Party also must clearly
10
identify the protected portion(s) (e.g., by making appropriate markings in the margins).
11
A Party or Non-Party that makes original documents or materials available for inspection
12
need not designate them for protection until after the inspecting Party has indicated which material it
13
would like copied and produced. During the inspection and before the designation, all of the material
14
made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
15
identified the documents it wants copied and produced, the Producing Party must determine which
16
documents, or portions thereof, qualify for protection under this Order. Then, before producing the
17
specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page
18
that contains Protected Material. If only a portion or portions of the material on a page qualifies for
19
protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making
20
appropriate markings in the margins).
21
(b) for testimony given in deposition or in other pretrial or trial proceedings, that the
22
Designating Party identify on the record, before the close of the deposition, hearing, or other
23
proceeding, all protected testimony.
24
(c) for information produced in some form other than documentary and for any other
25
tangible items, that the Producing Party affix in a prominent place on the exterior of the container or
26
containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a
27
portion or portions of the information or item warrant protection, the Producing Party, to the extent
28
practicable, shall identify the protected portion(s).
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
FIRMWIDE:113235139.1 063273.1017
5.
STIPULATED PROTECTIVE ORDER
(No. 12-CV-0636 (EMC))
1
5.3
Inadvertent Failures to Designate.
If timely corrected, an inadvertent failure to
2
designate qualified information or items does not, standing alone, waive the Designating Party’s
3
right to secure protection under this Order for such material. Upon timely correction of a
4
designation, the Receiving Party must make reasonable efforts to assure that the material is treated in
5
accordance with the provisions of this Order.
6
6.
7
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any Party or Non-Party may challenge a designation of
8
confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
9
designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens,
10
or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a
11
confidentiality designation by electing not to mount a challenge promptly after the original
12
designation is disclosed.
13
6.2
Meet and Confer. The Challenging Party shall initiate the dispute resolution process
14
by providing written notice of each designation it is challenging and describing the basis for each
15
challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must
16
recite that the challenge to confidentiality is being made in accordance with this specific paragraph
17
of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must
18
begin the process by conferring directly (in voice to voice dialogue; other forms of communication
19
are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging
20
Party must explain the basis for its belief that the confidentiality designation was not proper and
21
must give the Designating Party an opportunity to review the designated material, to reconsider the
22
circumstances, and, if no change in designation is offered, to explain the basis for the chosen
23
designation. A Challenging Party may proceed to the next stage of the challenge process only if it
24
has engaged in this meet and confer process first or establishes that the Designating Party is
25
unwilling to participate in the meet and confer process in a timely manner.
26
6.3
Judicial Intervention.
If the Parties cannot resolve a challenge without court
27
intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil
28
Local Rule 7 (and in compliance with Civil Local Rule 79-5 and General Order 62, if applicable)
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
FIRMWIDE:113235139.1 063273.1017
6.
STIPULATED PROTECTIVE ORDER
(No. 12-CV-0636 (EMC))
1
within 21 days of the initial notice of challenge or within 14 days of the parties agreeing that the
2
meet and confer process will not resolve their dispute, whichever is earlier. Each such motion must
3
be accompanied by a competent declaration affirming that the movant has complied with the meet
4
and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to
5
make such a motion including the required declaration within 21 days (or 14 days, if applicable)
6
shall automatically waive the confidentiality designation for each challenged designation. In
7
addition, the Challenging Party may file a motion challenging a confidentiality designation at any
8
time if there is good cause for doing so, including a challenge to the designation of a deposition
9
transcript or any portions thereof. Any motion brought pursuant to this provision must be
10
accompanied by a competent declaration affirming that the movant has complied with the meet and
11
confer requirements imposed by the preceding paragraph.
12
The burden of persuasion in any such challenge proceeding shall be on the Designating
13
Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose
14
unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.
15
Unless the Designating Party has waived the confidentiality designation by failing to file a motion to
16
retain confidentiality as described above, all parties shall continue to afford the material in question
17
the level of protection to which it is entitled under the Producing Party’s designation until the court
18
rules on the challenge.
19
7.
20
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is disclosed or
21
produced by another Party or by a Non-Party in connection with this case only for prosecuting,
22
defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
23
the categories of persons and under the conditions described in this Order. When the litigation has
24
been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
25
DISPOSITION).
26
27
Protected Material must be stored and maintained by a Receiving Party at a location and in a
secure manner that ensures that access is limited to the persons authorized under this Order.
28
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
FIRMWIDE:113235139.1 063273.1017
7.
STIPULATED PROTECTIVE ORDER
(No. 12-CV-0636 (EMC))
1
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by
2
the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
3
information or item designated “CONFIDENTIAL” only to:
4
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
5
employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
6
information for this litigation and who have signed the “Acknowledgment and Agreement to Be
7
Bound” that is attached hereto as Exhibit A;
8
9
10
(b)
the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed
the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
11
(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
12
reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement
13
to Be Bound” (Exhibit A);
14
(d) the court and its personnel;
15
(e) court reporters and their staff, professional jury or trial consultants, mock jurors,
16
and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who
17
have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18
(f) during their depositions, witnesses in the action to whom disclosure is reasonably
19
necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
20
unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
21
deposition testimony or exhibits to depositions that reveal Protected Material must be separately
22
bound by the court reporter and may not be disclosed to anyone except as permitted under this
23
Stipulated Protective Order.
24
25
(g) the author or recipient of a document containing the information or a custodian or
other person who otherwise possessed or knew the information.
26
27
28
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
FIRMWIDE:113235139.1 063273.1017
8.
STIPULATED PROTECTIVE ORDER
(No. 12-CV-0636 (EMC))
1
8.
2
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION
3
If a Party is served with a subpoena or a court order issued in other litigation that compels
4
disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party
5
must:
6
7
(a) promptly notify in writing the Designating Party. Such notification shall include a
copy of the subpoena or court order;
8
(b) promptly notify in writing the party who caused the subpoena or order to issue in
9
the other litigation that some or all of the material covered by the subpoena or order is subject to this
10
Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
11
12
(c) cooperate with respect to all reasonable procedures sought to be pursued by the
Designating Party whose Protected Material may be affected.
13
If the Designating Party timely seeks a protective order, the Party served with the subpoena
14
or court order shall not produce any information designated in this action as “CONFIDENTIAL”
15
before a determination by the court from which the subpoena or order issued, unless the Party has
16
obtained the Designating Party’s permission. The Designating Party shall bear the burden and
17
expense of seeking protection in that court of its confidential material – and nothing in these
18
provisions should be construed as authorizing or encouraging a Receiving Party in this action to
19
disobey a lawful directive from another court.
20
9.
21
22
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
LITIGATION
(a)
The terms of this Order are applicable to information produced by a Non-
23
Party in this action and designated as “CONFIDENTIAL.” Such information produced by Non-
24
Parties in connection with this litigation is protected by the remedies and relief provided by this
25
Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking
26
additional protections.
27
28
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
FIRMWIDE:113235139.1 063273.1017
9.
STIPULATED PROTECTIVE ORDER
(No. 12-CV-0636 (EMC))
1
(b)
In the event that a Party is required, by a valid discovery request, to produce a
2
Non-Party’s confidential information in its possession, and the Party is subject to an agreement with
3
the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
4
5
(1)
promptly notify in writing the Requesting Party and the Non-Party that
some or all of the information requested is subject to a confidentiality agreement with a Non-Party;
6
(2)
promptly provide the Non-Party with a copy of the Stipulated
7
Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific
8
description of the information requested; and
9
10
(3)
make the information requested available for inspection by the Non-
Party.
11
(c)
If the Non-Party fails to object or seek a protective order from this court
12
within 14 days of receiving the notice and accompanying information, the Receiving Party may
13
produce the Non-Party’s confidential information responsive to the discovery request. If the Non-
14
Party timely seeks a protective order, the Receiving Party shall not produce any information in its
15
possession or control that is subject to the confidentiality agreement with the Non-Party before a
16
determination by the court.1 Absent a court order to the contrary, the Non-Party shall bear the burden
17
and expense of seeking protection in this court of its Protected Material.
18
10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
19
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
20
Material to any person or in any circumstance not authorized under this Stipulated Protective Order,
21
the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
22
disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)
23
inform the person or persons to whom unauthorized disclosures were made of all the terms of this
24
Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to
25
Be Bound” that is attached hereto as Exhibit A.
26
27
1
28
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a Non-Party
and to afford the Non-Party an opportunity to protect its confidentiality interests in this court.
FIRMWIDE:113235139.1 063273.1017
10.
STIPULATED PROTECTIVE ORDER
(No. 12-CV-0636 (EMC))
1
11.
2
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL
3
When a Producing Party gives notice to Receiving Parties that certain inadvertently produced
4
material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties
5
are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to
6
modify whatever procedure may be established in an e-discovery order that provides for production
7
without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
8
parties reach an agreement on the effect of disclosure of a communication or information covered by
9
the attorney-client privilege or work product protection, the parties may incorporate their agreement
10
in the stipulated protective order submitted to the court.
11
12.
12
13
14
MISCELLANOUS
12.1
Right to Further Relief. Nothing in this Order abridges the right of any person to seek
its modification by the court in the future.
12.2
Right to Assert Other Objections. By stipulating to the entry of this Protective Order
15
no Party waives any right it otherwise would have to object to disclosing or producing any
16
information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
17
Party waives any right to object on any ground to use in evidence of any of the material covered by
18
this Protective Order.
19
12.3
Filing Protected Material. Without written permission from the Designating Party or a
20
court order secured after appropriate notice to all interested persons, a Party may not file in the
21
public record in this action any Protected Material. A Party that seeks to file under seal any Protected
22
Material must comply with Civil Local Rule 79-5 and General Order 62. Protected Material may
23
only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected
24
Material at issue. Pursuant to Civil Local Rule 79-5 and General Order 62, a sealing order will issue
25
only upon a request establishing that the Protected Material at issue is privileged, protectable as a
26
trade secret, or otherwise entitled to protection under the law. If a Receiving Party's request to file
27
Protected Material under seal pursuant to Civil Local Rule 79-5(d) and General Order 62 is denied
28
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
FIRMWIDE:113235139.1 063273.1017
11.
STIPULATED PROTECTIVE ORDER
(No. 12-CV-0636 (EMC))
1
by the court, then the Receiving Party may file the information in the public record pursuant to Civil
2
Local Rule 79-5(e) unless otherwise instructed by the court.
3
13.
FINAL DISPOSITION
4
Within 60 days after the final disposition of this action, as defined in paragraph 4, each
5
Receiving Party must return all Protected Material to the Producing Party or destroy such material.
6
As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
7
summaries, and any other format reproducing or capturing any of the Protected Material. Whether
8
the Protected Material is returned or destroyed, the Receiving Party must submit a written
9
certification to the Producing Party (and, if not the same person or entity, to the Designating Party)
10
by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material
11
that was returned or destroyed and (2)affirms that the Receiving Party has not retained any copies,
12
abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected
13
Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
14
pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
15
correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant
16
and expert work product, even if such materials contain Protected Material. Any such archival copies
17
that contain or constitute Protected Material remain subject to this Protective Order as set forth in
18
Section 4 (DURATION).
19
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
20
DATED: July 24, 2012
/s/ David S. Harris___________
Attorneys for Plaintiff
DATED: July 24, 2012
/s/ Karin M. Cogbill_________
Attorneys for Defendant
27
July 25, 2012
DATED: ______________
28
FIRMWIDE:113235139.1 063273.1017
_____________________________________
Honorable Edward M. Chen RDERED
United States District S SO O
IT I Court Judge
12.
STIPULATED PROTECTIVE ORDER
hen
(No. 12-CV-0636 (EMC))rd M. C
Edwa
NO
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
S DISTRICT
TE
C
TA
RT
U
O
26
PURSUANT TO STIPULATION, IT IS SO ORDERED.
RT
Judge
R NIA
25
FO
24
S
23
H
LI
22
UNIT
ED
21
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I,
_____________________________
[print
or
type
full
name],
of
4
_________________ [print or type full address], declare under penalty of perjury that I have read in
5
its entirety and understand the Stipulated Protective Order that was issued by the United States
6
District Court for the Northern District of California on [date] in the case of Lounibos v. KeyPoint
7
Government Solutions, Inc., Case No. 12-CV-0636 (EMC). I agree to comply with and to be bound
8
by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to
9
so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly
10
promise that I will not disclose in any manner any information or item that is subject to this
11
Stipulated Protective Order to any person or entity except in strict compliance with the provisions of
12
this Order.
13
I further agree to submit to the jurisdiction of the United States District Court for the
14
Northern District of California for the purpose of enforcing the terms of this Stipulated Protective
15
Order, even if such enforcement proceedings occur after termination of this action.
16
I hereby appoint __________________________ [print or type full name] of
17
_______________________________________ [print or type full address and telephone number] as
18
my California agent for service of process in connection with this action or any proceedings related
19
to enforcement of this Stipulated Protective Order.
20
21
Date: _________
22
City and State where sworn and signed: _________________________________
23
Printed name: ______________________________
[printed name]
24
25
26
Signature: __________________________________
[signature]
27
28
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
FIRMWIDE:113235139.1 063273.1017
13.
STIPULATED PROTECTIVE ORDER
(No. 12-CV-0636 (EMC))
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?