Saba v. Unisys Corporation

Filing 34

ORDER GRANTING 32 Stipulated Protective Order. Signed by Judge JEFFREY S. WHITE on 12/5/12. (jjoS, COURT STAFF) (Filed on 12/5/2012)

Case3:12-cv-02578-JSW Document32 Filed12/03/12 Page1 of 16

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JACK W. LEE, State Bar No. 71626
KEVIN R. ALLEN, State Bar No. 237994
GLICEL E. SUMAGAYSAY, State Bar No. 263273
Minami Tamaki LLP
360 Post Street, 8th Floor
San Francisco, CA 94108
Telephone:
415.788.9000
Facsimile:
415.398.3887
E-mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
FADI SABA and the Putative Class

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ERIC MECKLEY, State Bar No. 168181
ALISON B. WILLARD, State Bar No. 268672
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, California 94105-1126
Telephone: [phone]
Facsimile: 415.442.1001
E-mail: [e-mail]
[e-mail]

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Attorneys for Defendant
UNISYS CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FADI SABA, on behalf of himself and all others
similarly situated,

STIPULATED PROTECTIVE ORDER

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Case No. CV 12 2578 JSW

Plaintiff,
v.
UNISYS CORPORATION, a Delaware
corporation, and DOES 1 through 50,
Defendant.

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MORGAN, LEWIS &
BOCKIUS LLP

STIPULATED PROTECTIVE ORDER
CASE NO. CV 12 2578 JSW

ATTORNEYS AT LAW
S AN FRANCISCO

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This stipulation and [proposed] protective order is entered into by and between Plaintiff
Fadi Saba (“Plaintiff”) and Defendant Unisys Corporation (“Defendant”) (together as the
“Parties”), as follows:

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PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of

confidential, proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated
Protective Order. The parties acknowledge that this Order does not confer blanket protections on
all disclosures or responses to discovery and that the protection it affords from public disclosure
and use extends only to the limited information or items that are entitled to confidential treatment
under the applicable legal principles. The parties further acknowledge, as set forth in Section
12.3, below, that this Stipulated Protective Order does not entitle them to file confidential
information under seal; Civil Local Rule 79-5 and General Order 62 set forth the procedures that
must be followed and the standards that will be applied when a party seeks permission from the
court to file material under seal.

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2.
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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

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule
of Civil Procedure 26(c).
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.”

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

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2.5

Disclosure or Discovery Material: all items or information, regardless of the

medium or manner in which it is generated, stored, or maintained (including, among other things,
testimony, transcripts, and tangible things), that are produced or generated in disclosures or
responses to discovery in this matter.
2.6

Expert: a person with specialized knowledge or experience in a matter pertinent to

the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
consultant in this action.
2.7

House Counsel: attorneys who are employees of a party to this action. House

Counsel does not include Outside Counsel of Record or any other outside counsel.
2.8

Non-Party: any natural person, partnership, corporation, association, or other legal

entity not named as a Party to this action.
2.9

Outside Counsel of Record: attorneys who are not employees of a party to this

action but are retained to represent or advise a party to this action and have appeared in this action
on 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).
2.11

Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.
2.12

Professional Vendors: persons or entities that provide litigation support services

(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and
organizing, storing, or retrieving data in any form or medium) and their employees and
subcontractors.
2.13

Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL.”
2.14

Receiving Party: a Party that receives Disclosure or Discovery Material from a

Producing Party.
//

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ATTORNEYS AT LAW
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//
3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only Protected Material

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(as defined above), but also (1) any information copied or extracted from Protected Material; (2)

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all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

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conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

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However, the protections conferred by this Stipulation and Order do not cover the following

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information: (a) any information that is in the public domain at the time of disclosure to a

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Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as

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a result of publication not involving a violation of this Order, including becoming part of the

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public record through trial or otherwise; and (b) any information known to the Receiving Party

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prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who

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obtained the information lawfully and under no obligation of confidentiality to the Designating

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Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations imposed by

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

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order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all

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claims and defenses in this action, with or without prejudice; and (2) final judgment herein after

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the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

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including the time limits for filing any motions or applications for extension of time pursuant to

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applicable law.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party

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or Non-Party that designates information or items for protection under this Order must take care

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to limit any such designation to specific material that qualifies under the appropriate standards.

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To the extent it is practical to do so, the Designating Party should designate for protection only

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MORGAN, LEWIS &
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ATTORNEYS AT LAW
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those parts of material, documents, items, or oral or written communications that qualify – so that
other portions of the material, documents, items, or communications for which protection is not
warranted are not swept unjustifiably within the ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations that are
shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
unnecessarily encumber or retard the case development process or to impose unnecessary
expenses and burdens on other parties) expose the Designating Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it designated
for protection do not qualify for protection, that Designating Party must promptly notify all other
Parties that it is withdrawing the mistaken designation.
5.2

(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
designated before the material is disclosed or produced.
Designation in conformity with this Order requires:

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Manner and Timing of Designations. Except as otherwise provided in this Order

(a) for information in documentary form (e.g., paper or electronic documents, but
excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing
Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a
portion or portions of the material on a page qualifies for protection, the Producing Party also
must clearly identify the protected portion(s) (e.g., by making appropriate markings in the
margins).
A Party or Non-Party that makes original documents or materials available for inspection
need not designate them for protection until after the inspecting Party has indicated which
material it would like copied and produced. During the inspection and before the designation, all
of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the
inspecting Party has identified the documents it wants copied and produced, the Producing Party
must determine which documents, or portions thereof, qualify for protection under this Order.

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ATTORNEYS AT LAW
S AN FRANCISCO

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Then, before producing the specified documents, the Producing Party must affix the
“CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or
portions of the material on a page qualifies for protection, the Producing Party also must clearly
identify the protected portion(s) (e.g., by making appropriate markings in the margins).

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(b) for testimony given in deposition or in other pretrial or trial proceedings, that
the Designating Party identify on the record, before the close of the deposition, hearing, or other
proceeding, all protected testimony.

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(c) for information produced in some form other than documentary and for any
other tangible items, that the Producing Party affix in a prominent place on the exterior of the
container or containers in which the information or item is stored the legend “CONFIDENTIAL.”
If only a portion or portions of the information or item warrant protection, the Producing Party, to
the extent practicable, shall identify the protected portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

designate qualified information or items does not, standing alone, waive the Designating Party’s
right to secure protection under this Order for such material. Upon timely correction of a
designation, the Receiving Party must make reasonable efforts to assure that the material is
treated in accordance with the provisions of this Order.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a designation of

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
challenge a confidentiality designation by electing not to mount a challenge promptly after the
original designation is disclosed.
6.2

Meet and Confer.

The Challenging Party shall initiate the dispute resolution

process by providing written notice of each designation it is challenging and describing the basis
for each challenge. To avoid ambiguity as to whether a challenge has been made, the written

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ATTORNEYS AT LAW
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notice must recite that the challenge to confidentiality is being made in accordance with this
specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in
good faith and must begin the process by conferring directly (in voice to voice dialogue; other
forms of communication are not sufficient) within 14 days of the date of service of notice. In
conferring, the Challenging Party must explain the basis for its belief that the confidentiality
designation was not proper and must give the Designating Party an opportunity to review the
designated material, to reconsider the circumstances, and, if no change in designation is offered,
to explain the basis for the chosen designation. A Challenging Party may proceed to the next
stage of the challenge process only if it has engaged in this meet and confer process first.
[The Parties do not agree on terms regarding judicial intervention, and propose
alternative options for the Court to select as it determines is appropriate.
Plaintiff proposes the following Paragraphs 6.3 and 6.4:]
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6.3

Judicial Intervention. If the Parties cannot resolve a challenge

without Court intervention, the Designating Party shall file and serve a motion to retain
confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5 and
General Order 62, if applicable) within 21 days of the initial notice of challenge or within
14 days of the parties agreeing that the meet and confer process will not resolve their
dispute, whichever is earlier. Each such motion must be accompanied by a competent
declaration affirming that the movant has complied with the meet and confer requirements
imposed in the preceding paragraph. Failure by the Designating Party to make such a
motion including the required declaration within 21 days (or 14 days, if applicable) shall
automatically waive the confidentiality designation for each challenged designation. In
addition, the Challenging Party may file a motion challenging a confidentiality designation
at any time if there is good cause for doing so, including a challenge to the designation of a
deposition transcript or any portions thereof.

Any motion brought pursuant to this

provision must be accompanied by a competent declaration affirming that the movant has
complied with the meet and confer requirements imposed by the preceding paragraph.

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ATTORNEYS AT LAW
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be on the Designating Party.

may expose the Challenging Party to sanctions. Unless the Designating Party has waived
the confidentiality designation by failing to file a motion to retain confidentiality as
described above, all parties shall continue to afford the material in question the level of
protection to which it is entitled under the Producing Party’s designation until the court
rules on the challenge.
[Defendant proposes the following alternative language for Paragraph 6.3, and
does not propose inclusion of a separate Paragraph 6.4: ]

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6.3

Judicial Intervention. If the Parties cannot resolve a challenge

without court intervention, either the Challenging Party or the Designating Party may file
and serve a motion under Civil Local Rule 7 (and in compliance with Civil Local Rule 79.5.
Any motion brought pursuant to this provision must be accompanied by a competent
declaration affirming that the movant has complied with the meet and confer requirements
imposed by the preceding paragraph.

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Frivolous challenges, and those made for an improper

purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties)

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6.4. The burden of persuasion in any such challenge proceeding shall

In resolving any such motion, the Designating Party shall bear the ultimate burden of
establishing the propriety of its confidentiality designation(s).

Until the court rules on the

challenge, all parties shall continue to afford the material in question the level of protection
to which it is entitled under the Producing Party’s designation.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is disclosed or

produced by another Party or by a Non-Party in connection with this case only for prosecuting,
defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
the categories of persons and under the conditions described in this Order. When the litigation has
been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a location and
in a secure manner that ensures that access is limited to the persons authorized under this Order.
7.2

by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
information or item designated “CONFIDENTIAL” only to:

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(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
information for this litigation and who have signed the “Acknowledgment and Agreement to Be
Bound” that is attached hereto as Exhibit A;

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(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);

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(c) Experts (as defined in this Order) 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);

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(d) the court and its personnel;

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(e) court reporters and their staff, professional jury or trial consultants, mock
jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation
and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(f) during their depositions, witnesses in the action to whom disclosure is
reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of
transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be
separately bound by the court reporter and may not be disclosed to anyone except as permitted
under this Stipulated Protective Order.

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Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

(g) the author or recipient of a document containing the information or a custodian
or other person who otherwise possessed or knew the information.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION

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If a Party is served with a subpoena or a court order issued in other litigation that compels

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disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party
must:
(a) promptly notify in writing the Designating Party. Such notification shall

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include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order to issue

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in the other litigation that some or all of the material covered by the subpoena or order is subject
to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order;
and
(c) cooperate with respect to all reasonable procedures sought to be pursued by

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the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with the

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subpoena or court order shall not produce any information designated in this action as
“CONFIDENTIAL” before a determination by the court from which the subpoena or order
issued, unless the Party has obtained the Designating Party’s permission. The Designating Party
shall bear the burden and expense of seeking protection in that court of its confidential material –
and nothing in these provisions should be construed as authorizing or encouraging a Receiving
Party in this action to disobey a lawful directive from another court.
9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
THIS LITIGATION

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(a)

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The terms of this Order are applicable to information produced by a Non-

Party in this action and designated as “CONFIDENTIAL.” Such information produced by NonParties in connection with this litigation is protected by the remedies and relief provided by this
Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking
additional protections.

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(b)

In the event that a Party is required, by a valid discovery request, to

produce a Non-Party’s confidential information in its possession, and the Party is subject to an
agreement with the Non-Party not to produce the Non-Party’s confidential information, then the
Party shall:

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(1)

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that some or all of the information requested is subject to a

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confidentiality agreement with a Non-Party;

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(2)

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and a reasonably specific description of the information requested;

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and

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(3)

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make the information requested available for inspection by the
Non-Party.

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promptly provide the Non-Party with a copy of the Stipulated
Protective Order in this litigation, the relevant discovery request(s),

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promptly notify in writing the Requesting Party and the Non-Party

(c)

If the Non-Party fails to object or seek a protective order from this court

within 14 days of receiving the notice and accompanying information, the Receiving Party may
produce the Non-Party’s confidential information responsive to the discovery request. If the NonParty timely seeks a protective order, the Receiving Party shall not produce any information in its
possession or control that is subject to the confidentiality agreement with the Non-Party before a
determination by the court.1 Absent a court order to the contrary, the Non-Party shall bear the
burden and expense of seeking protection in this court of its Protected Material.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

Material to any person or in any circumstance not authorized under this Stipulated Protective
Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the
unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
Protected Material, (c) inform the person or persons to whom unauthorized disclosures were

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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.

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made of all the terms of this Order, and (d) request such person or persons to execute the
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
11.1

When a Producing Party gives notice to Receiving Parties that certain

inadvertently produced material is subject to a claim of privilege or other protection, the
obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure
26(b)(5)(B). This provision is not intended to modify the following procedure, which is agreedupon by the parties.
11.2

The parties intend to proceed with document production in this matter in a prompt

and efficient manner without waiving their respective abilities to assert the protections of the
attorney-client privilege, the attorney work-product doctrine or any other applicable privilege.
Because the parties recognize that inadvertent disclosure of material protected by attorney-client
privilege, the attorney work-product doctrine or any other applicable privilege (“Privileged
Material”) may occur during the course of production, the parties wish to agree upon a
“clawback” procedure that will apply in the event that any Privileged Material is inadvertently
produced.
11.3

By producing any document, the Producing Party does not waive its right to

subsequently assert that certain produced documents are Privileged Material. A Receiving Party
will not challenge the Producing Party’s right to assert that certain produced documents are
Privileged Material, but the Receiving Party retains the right to refute the claim of privilege. The
Receiving Party will not assert otherwise that, pursuant to Federal Rule of Evidence 502(b), any
such disclosure of Privileged Material shall be considered “inadvertent” and that the Producing
Party took reasonable steps to prevent it.
11.4

By any production of Privileged Material, the Producing Party does not intend to

waive, and is not in fact waiving, as to the Receiving Party or any third party, the protection of

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the attorney client-privilege, attorney work-product doctrine, or any other applicable privilege
regarding the Privileged Material.

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11.5

Party, by its production of Privileged Material, intends to waive, or is in fact waiving, as to the
government or any third party, the protection of the attorney-client privilege, attorney workproduct doctrine, or any other applicable privilege regarding the Privileged Material; or (b) the
production of Privileged Material pursuant to this Stipulation constitutes a waiver by the
Producing Party as to the government or any third party of the protection of the attorney-client
privilege, attorney work-product doctrine, or any other applicable privilege regarding the
Privileged Material.

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A Receiving Party will not assert in this or any other matter that (a) the Producing

11.6

If the Producing Party discovers that it has inadvertently disclosed Privileged

Material, the Producing Party shall promptly upon discovery of such disclosure advise the
Receiving Party in writing and request that the Privileged Material be returned or destroyed.
Upon receiving such notification from the Producing Party, or upon independently discovering
that the Producing Party inadvertently has produced Privileged Material, the Receiving Party shall
promptly (within ten court days) return the Privileged Material to the Producing Party or destroy
the Privileged Material, including all copies thereof and any other document or information
derived from such inadvertently produced Privileged Material. A Receiving Party will use all
reasonable efforts to preserve the confidentiality of the Privileged Material until such time as it is
returned or destroyed, and agree that they will not use the Privileged Material in this or any other
proceeding involving the Producing Party. The Producing Party will add any such returned or
destroyed Privileged Material to its privilege log and will state the basis for withholding the
Document from production.

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MISCELLANEOUS
12.1

Right to Further Relief. Nothing in this Order abridges the right of any person to

seek its modification by the court in the future.

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ATTORNEYS AT LAW
S AN FRANCISCO

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CASE NO. CV 12 2578 JSW

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12.2

Order no Party waives any right it otherwise would have to object to disclosing or producing any
information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
Party waives any right to object on any ground to use in evidence of any of the material covered
by this Protective Order.

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Right to Assert Other Objections. By stipulating to the entry of this Protective

12.3

Filing Protected Material. Without written permission from the Designating Party

or a court order secured after appropriate notice to all interested persons, a Party may not file in
the public record in this action any Protected Material. A Party that seeks to file under seal any
Protected Material must comply with Civil Local Rule 79-5 and General Order 62. Protected
Material may only be filed under seal pursuant to a court order authorizing the sealing of the
specific Protected Material at issue. Pursuant to Civil Local Rule 79-5 and General Order 62, a
sealing order will issue only upon a request establishing that the Protected Material at issue is
privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a
Receiving Party’s request to file Protected Material under seal pursuant to Civil Local Rule 795(d) and General Order 62 is denied by the court, then the Receiving Party may file the
information in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed
by the court.

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FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in paragraph 4, each

Receiving Party must return all Protected Material to the Producing Party or destroy such
material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,
compilations, summaries, and any other format reproducing or capturing any of the Protected
Material. Whether the Protected Material is returned or destroyed, the Receiving Party must
submit a written certification to the Producing Party (and, if not the same person or entity, to the
Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all
the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has
not retained any copies, abstracts, compilations, summaries or any other format reproducing or

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BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

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CASE NO. CV 12 2578 JSW

Case3:12-cv-02578-JSW Document32 Filed12/03/12 Page15 of 16

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capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to
retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work
product, and consultant and expert work product, even if such materials contain Protected
Material. Any such archival copies that contain or constitute Protected Material remain subject to
this Protective Order as set forth in Section 4 (DURATION).
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: December 3, 2012

MINAMI TAMAKI LLP

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By:

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/s/ Kevin R. Allen
Kevin R. Allen, Esq.
Jack W. Lee, Esq.

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Attorneys for Plaintiff FADI SABA

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Dated: December 3, 2012

MORGAN, LEWIS & BOCKIUS LLP

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By:

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/s/ Eric Meckley
Eric Meckley, Esq.

Attorney for Defendant UNISYS CORPORATION

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

December 5, 2012
DATED: ________________________ ______
_________________________________
The Honorable Jeffrey S. White
United States District Judge

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ATTORNEYS AT LAW
S AN FRANCISCO

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _____________________________ [print or type full name], of _________________
[print or type full address], declare under penalty of perjury that I have read in its entirety and
understand the Stipulated Protective Order that was issued by the United States District Court for
the Northern District of California on ________________, 2012 in the case of Fadi Saba v.
Unisys Corporation, et al., U.S.D.C. – No.CA. Case No. C-12-2578 JSW. I agree to comply with
and to be bound by all the terms of this Stipulated Protective Order and I understand and
acknowledge that failure to so comply could expose me to sanctions and punishment in the nature
of contempt. I solemnly promise that I will not disclose in any manner any information or item
that is subject to this Stipulated Protective Order to any person or entity except in strict
compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the
Northern District of California for the purpose of enforcing the terms of this Stipulated Protective
Order, even if such enforcement proceedings occur after termination of this action.
I hereby appoint __________________________ [print or type full name] of
_______________________________________ [print or type full address and telephone
number] as my California agent for service of process in connection with this action or any
proceedings related to enforcement of this Stipulated Protective Order.
Date: _________________________________
City and State where sworn and signed: _________________________________

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Printed name: __________________________________
_______________[printed name]
Signature: _____________________________________
_______________[signature]

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STIPULATED PROTECTIVE ORDER
CASE NO. CV 12 2578 JSW

ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 23705190.2