Vaklin v. Federal Express Corporation

Filing 34

ORDER by Judge James Donato granting 33 Stipulated Protective Order (lrcS, COURT STAFF) (Filed on 6/12/2014)

1
2
3
4
5
6

Richard G. Grotch, Esq. – SBN 127713
Jonathan C. Harriman, Esq. – SBN 250943
CODDINGTON, HICKS & DANFORTH
A Professional Corporation, Lawyers
555 Twin Dolphin Drive, Suite 300
Redwood City, CA 94065-2133
Telephone: [phone]
Facsimile: [phone]
ATTORNEYS FOR Defendant
FEDERAL EXPRESS CORPORATION

7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
10
11
12
13
14

GEORGE B. VAKLIN,

Case No. 4:13-CV-04182 JD

vs.
FEDERAL EXPRESS CORPORATION, A
Delaware Corporation; XYZ Corporations,
Partnerships and Limited Liability Companies 110; and DOES 1 through 10, inclusive.

STIPULATED PROTECTIVE ORDER

15
16
17

1.

PURPOSES AND LIMITATIONS.

18

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

19

confidential, proprietary, or private information for which special protection from public

20

disclosure and from use for any purpose other than prosecuting this litigation may be

21

warranted. Accordingly, the defendant FEDERAL EXPRESS CORPORATION (“FedEx”)

22

and third-party U.S. XPRESS, INC. hereby stipulate to and petition the court to enter the

23

following Stipulated Protective Order.

24

The parties acknowledge that this Order does not confer blanket protections on all

25

disclosures or responses to discovery and that the protection it affords from public disclosure and

26

use extends only to the limited information or items that are entitled to confidential treatment

27

under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3,

28

below, that this Stipulated Protective Order does not entitle them to file confidential information
STIPULATED PROTECTIVE ORDER
Case No: 4:13-CV-04182 JD

1

1

under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the

2

standards that will be applied when a party seeks permission from the court to file material under

3

seal.

4

2.

5
6
7

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

8

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule

9

of Civil Procedure 26(c).

10
11
12
13
14

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

15

medium or manner in which it is generated, stored, or maintained (including, among other things,

16

testimony, transcripts, and tangible things), that are produced or generated in disclosures or

17

responses to discovery in this matter.

18

2.6

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

19

the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a

20

consultant in this action.

21
22
23
24
25
26

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

27
28
STIPULATED PROTECTIVE ORDER
Case No: 4:13-CV-04182 JD

2

1

action on behalf of that party or are affiliated with a law firm which has appeared on behalf of

2

that party.
2.10

3
4

consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.11

5
6

Party: any party to this action, including all of its officers, directors, employees,
Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.
2.12

7

Professional Vendors: persons or entities that provide litigation support services

8

(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and

9

organizing, storing, or retrieving data in any form or medium) and their employees and

10

subcontractors.
2.13

11
12

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

“CONFIDENTIAL.”
2.14

13

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

14

Producing Party.

15

3.

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

the information lawfully and under no obligation of confidentiality to the Designating Party. Any

27

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

28
STIPULATED PROTECTIVE ORDER
Case No: 4:13-CV-04182 JD

3

1

4.

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

2
3

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

4

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

5

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

6

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

7

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

8

applicable law.

9

5.

10

DESIGNATING PROTECTED MATERIAL
5.1

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

11

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

12

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

13

The Designating Party must designate for protection only those parts of material, documents,

14

items, or oral or written communications that qualify – so that other portions of the material,

15

documents, items, or communications for which protection is not warranted are not swept

16

unjustifiably within the ambit of this Order.

17

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

18

shown to be clearly unjustified or that have been made for an improper purpose (e.g., to

19

unnecessarily encumber or retard the case development process or to impose unnecessary

20

expenses and burdens on other parties) expose the Designating Party to sanctions.

21

If it comes to a Designating Party’s attention that information or items that it designated

22

for protection do not qualify for protection, that Designating Party must promptly notify all other

23

Parties that it is withdrawing the mistaken designation.

24

5.2

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

25

(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,

26

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

27

designated before the material is disclosed or produced.

28
STIPULATED PROTECTIVE ORDER
Case No: 4:13-CV-04182 JD

4

1

Designation in conformity with this Order requires:

2

(a)

for information in documentary form (e.g., paper or electronic documents, but

3

excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing

4

Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only

5

a portion or portions of the material on a page qualifies for protection, the Producing Party also

6

must clearly identify the protected portion(s) (e.g., by making appropriate markings in the

7

margins).
A Party or Non-Party that makes original documents or materials available for inspection

8
9

need not designate them for protection until after the inspecting Party has indicated which

10

material it would like copied and produced. During the inspection and before the designation, all

11

of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the

12

inspecting Party has identified the documents it wants copied and produced, the Producing Party

13

must determine which documents, or portions thereof, qualify for protection under this Order.

14

Then, before producing the specified documents, the Producing Party must affix the

15

“CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or

16

portions of the material on a page qualifies for protection, the Producing Party also must clearly

17

identify the protected portion(s) (e.g., by making appropriate markings in the margins).
(b)

18

for testimony given in deposition or in other pretrial or trial proceedings, that the

19

Designating Party identify on the record, before the close of the deposition, hearing, or other

20

proceeding, all protected testimony.
(c)

21

for information produced in some form other than documentary and for any other

22

tangible items, that the Producing Party affix in a prominent place on the exterior of the container

23

or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only

24

a portion or portions of the information or item warrant protection, the Producing Party, to the

25

extent practicable, shall identify the protected portion(s).

26

///

27

///

28
STIPULATED PROTECTIVE ORDER
Case No: 4:13-CV-04182 JD

5

5.3

1

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

5

treated in 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

10

burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to

11

challenge a confidentiality designation by electing not to mount a challenge promptly after the

12

original designation is disclosed.

13

6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution

14

process by providing written notice of each designation it is challenging and describing the basis

15

for each challenge. To avoid ambiguity as to whether a challenge has been made, the written

16

notice must recite that the challenge to confidentiality is being made in accordance with this

17

specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in

18

good faith and must begin the process by conferring directly (in voice to voice dialogue; other

19

forms of communication are not sufficient) within 14 days of the date of service of notice. In

20

conferring, the Challenging Party must explain the basis for its belief that the confidentiality

21

designation was not proper and must give the Designating Party an opportunity to review the

22

designated material, to reconsider the circumstances, and, if no change in designation is offered,

23

to explain the basis for the chosen designation. A Challenging Party may proceed to the next

24

stage of the challenge process only if it has engaged in this meet and confer process first or

25

establishes that the Designating Party is unwilling to participate in the meet and confer process

26

in a timely manner.

27
28
STIPULATED PROTECTIVE ORDER
Case No: 4:13-CV-04182 JD

6

6.3

1

Judicial Intervention. If the Parties cannot resolve a challenge without court

2

intervention, the Designating Party shall file and serve a motion to retain confidentiality under

3

Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of

4

the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer

5

process will not resolve their dispute, whichever is earlier. Each such motion must be

6

accompanied by a competent declaration affirming that the movant has complied with the meet

7

and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to

8

make such a motion including the required declaration within 21 days (or 14 days, if applicable)

9

shall automatically waive the confidentiality designation for each challenged designation. In

10

addition, the Challenging Party may file a motion challenging a confidentiality designation at any

11

time if there is good cause for doing so, including a challenge to the designation of a deposition

12

transcript or any portions thereof. Any motion brought pursuant to this provision must be

13

accompanied by a competent declaration affirming that the movant has complied with the meet

14

and confer requirements imposed by the preceding paragraph.

15

The burden of persuasion in any such challenge proceeding shall be on the Designating

16

Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

17

unnecessary expenses and burdens on other parties) may expose the Challenging Party to

18

sanctions. Unless the Designating Party has waived the confidentiality designation by failing to file

19

a motion to retain confidentiality as described above, all parties shall continue to afford the

20

material in question the level of protection to which it is entitled under the Producing Party’s

21

designation until the court rules on the challenge.

22

7.

23

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

24

or produced by another Party or by a Non-Party in connection with this case only for

25

prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be

26

disclosed only to the categories of persons and under the conditions described in this Order.

27
28
STIPULATED PROTECTIVE ORDER
Case No: 4:13-CV-04182 JD

7

1

When the litigation has been terminated, a Receiving Party must comply with the provisions of

2

section 13 below (FINAL DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at a location and

3
4

in a secure manner that ensures that access is limited to the persons authorized under this

5

Order.

6

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

7

ordered by the court or permitted in writing by the Designating Party, a Receiving Party may

8

disclose any information or item designated “CONFIDENTIAL” only to:

9

(a)

the Receiving Party’s Outside Counsel of Record in this action, as well as

10

employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the

11

information for this litigation and who have signed the “Acknowledgment and Agreement to Be

12

Bound” that is attached hereto as Exhibit A;

13

(b)

the officers, directors, employees (including House Counsel) and insurers of

14

the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have

15

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

16

(c)

Experts (as defined in this Order) of the Receiving Party to whom

17

disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment

18

and Agreement to Be Bound” (Exhibit A);

19

(d)

the court and its personnel;

20

(e)

court reporters and their staff, professional jury or trial consultants, mock

21

jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation

22

and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

23

(f)

during their depositions, witnesses in the action to whom disclosure is

24

reasonably necessary and who have signed the “Acknowledgment and Agreement to Be

25

Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court.

26

Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected

27
28
STIPULATED PROTECTIVE ORDER
Case No: 4:13-CV-04182 JD

8

1

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

2

except as permitted under this Stipulated Protective Order.
(g)

3

the author or recipient of a document containing the information or a

4

custodian or other person who otherwise possessed or knew the information.

5

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

6

OTHER LITIGATION

7

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

8

disclosure of any information or items designated in this action as “CONFIDENTIAL,” that

9

Party must:
(a)

10
11

promptly notify in writing the Designating Party. Such notification shall

include a copy of the subpoena or court order;
(b)

12

promptly notify in writing the party who caused the subpoena or order to

13

issue in the other litigation that some or all of the material covered by the subpoena or order is

14

subject to this Protective Order. Such notification shall include a copy of this Stipulated

15

Protective Order; and
(c)

16
17

cooperate with respect to all reasonable procedures sought to be pursued

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

18
19

subpoena or court order shall not produce any information designated in this action as

20

“CONFIDENTIAL” before a determination by the court from which the subpoena or order

21

issued, unless the Party has obtained the Designating Party’s permission. The Designating Party

22

shall bear the burden and expense of seeking protection in that court of its confidential material

23

– and nothing in these provisions should be construed as authorizing or encouraging a

24

Receiving Party in this action to disobey a lawful directive from another court.

25

///

26

///

27

///

28
STIPULATED PROTECTIVE ORDER
Case No: 4:13-CV-04182 JD

9

1
2

9.

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

3

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

4

Non-Party in this action and designated as “CONFIDENTIAL.” Such information produced

5

by Non-Parties in connection with this litigation is protected by the remedies and relief

6

provided by this Order. Nothing in these provisions should be construed as prohibiting a

7

Non-Party from seeking additional protections.
(b)

8

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

9

produce a Non-Party’s confidential information in its possession, and the Party is subject to an

10

agreement with the Non-Party not to produce the Non-Party’s confidential information, then

11

the Party shall:
(1)

12

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

13

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

14

Non-Party;
(2)

15

promptly provide the Non-Party with a copy of the Stipulated

16

Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific

17

description of the information requested; and

18

(3)

19

make the information requested available for inspection by the

Non-Party.
(c)

20

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

21

within 14 days of receiving the notice and accompanying information, the Receiving Party may

22

produce the Non-Party’s confidential information responsive to the discovery request. If the

23

Non-Party timely seeks a protective order, the Receiving Party shall not produce any

24

information in its possession or control that is subject to the confidentiality agreement with the

25

Non-Party before a determination by the court. Absent a court order to the contrary, the Non-

26

Party shall bear the burden and expense of seeking protection in this court of its Protected

27

Material.

28
STIPULATED PROTECTIVE ORDER
Case No: 4:13-CV-04182 JD

10

1

10.

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

2
3

Material to any person or in any circumstance not authorized under this Stipulated Protective

4

Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the

5

unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

6

Protected Material, (c) inform the person or persons to whom unauthorized disclosures were

7

made of all the terms of this Order, and (d) request such person or persons to execute the

8

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.

9

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

10

PROTECTED MATERIAL

11

When a Producing Party gives notice to Receiving Parties that certain inadvertently

12

produced material is subject to a claim of privilege or other protection, the obligations of the

13

Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This

14

provision is not intended to modify whatever procedure may be established in an e-discovery

15

order that provides for production without prior privilege review. Pursuant to Federal Rule of

16

Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of

17

a communication or information covered by the attorney-client privilege or work product

18

protection, the parties may incorporate their agreement in the stipulated protective order

19

submitted to the court.

20

12.

21
22
23

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.
12.2

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

24

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

25

information or item on any ground not addressed in this Stipulated Protective Order. Similarly,

26

no Party waives any right to object on any ground to use in evidence of any of the material

27

covered by this Protective Order.

28
STIPULATED PROTECTIVE ORDER
Case No: 4:13-CV-04182 JD

11

12.3

1

Filing Protected Material. Without written permission from the Designating Party

2

or a court order secured after appropriate notice to all interested persons, a Party may not file in

3

the public record in this action any Protected Material. A Party that seeks to file under seal any

4

Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed

5

under seal pursuant to a court order authorizing the sealing of the specific Protected Material at

6

issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing

7

that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled

8

to protection under the law. If a Receiving Party's request to file Protected Material under seal

9

pursuant to Civil Local Rule 79-5(d) is denied by the court, then the Receiving Party may file the

10

information in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed

11

by the court.

12

13.

13

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

14

Receiving Party must return all Protected Material to the Producing Party or destroy such

15

material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,

16

compilations, summaries, and any other format reproducing or capturing any of the Protected

17

Material. Whether the Protected Material is returned or destroyed, the Receiving Party must

18

submit a written certification to the Producing Party (and, if not the same person or entity, to

19

the Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate)

20

all the Protected Material that was returned or destroyed and (2) affirms that the Receiving

21

Party has not retained any copies, abstracts, compilations, summaries or any other format

22

reproducing or capturing any of the Protected Material. Notwithstanding this provision,

23

Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,

24

and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

25

reports, attorney work product, and consultant and expert work product, even if such materials

26

contain Protected Material. Any such archival copies that contain or constitute Protected

27

Material remain subject to this Protective Order as set forth in Section 4 (DURATION).

28
STIPULATED PROTECTIVE ORDER
Case No: 4:13-CV-04182 JD

12

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

1
2
3
4
5

Dated: June 5, 2014
By: __/s/
Pamela Bracher
Litigation Counsel for U.S. Xpress, Inc.

6
7
8

Dated: June 10, 2014

CODDINGTON, HICKS & DANFORTH

9
10

By: __/s/ Jonathan Harriman
Richard G. Grotch (*)
Jonathan C. Harriman
Attorneys for Defendant
Federal Express Corporation

11
12
13
14

PURSUANT TO STIPULATION, IT IS SO ORDERED.

15
16
17

Dated: 6/12/14
__________________________________

Honorable James Donato
United States District Judge

18
19
20
21
22

(*)

I hereby attest that I have received
authority to affix any signatures
indicated by a “conformed” signature (/s/)
within this e-filed document.

23
24
25
26
27
28
STIPULATED PROTECTIVE ORDER
Case No: 4:13-CV-04182 JD

13

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

I, _____________________________ [print or type full name], of

5

_________________ [print or type full address], declare under penalty of perjury that I have

6

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

7

United States District Court for the Northern District of California on [date] in the case of

8

George B. Vaklin v. Federal Express Corporation, 4:13-CV-04182 JD.

9

I agree to comply with and to be bound by all the terms of this Stipulated Protective

10

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

11

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

12

in any manner any information or item that is subject to this Stipulated Protective Order to any

13

person or entity except in strict compliance with the provisions of this Order.

14

I further agree to submit to the jurisdiction of the United States District Court for the

15

Northern District of California for the purpose of enforcing the terms of this Stipulated

16

Protective Order, even if such enforcement proceedings occur after termination of this action.

17

I hereby appoint __________________________ [print or type full name] of

18

_______________________________________ [print or type full address and telephone

19

number] as my California agent for service of process in connection with this action or any

20

proceedings related to enforcement of this Stipulated Protective Order.

21
22

Date: _____________

23

City and State where sworn and signed: _________________________________

24

Printed name: _______________________________

25
26

Signature: __________________________________

27
28
STIPULATED PROTECTIVE ORDER
Case No: 4:13-CV-04182 JD

14