Kay v. Main Street Hub, Inc.

Filing 30

STIPULATION AND ORDER re 29 STIPULATION WITH PROPOSED ORDER [Stipulated Protective Order] filed by Main Street Hub, Inc. Signed by Judge Edward M. Chen on 4/7/16. (bpfS, COURT STAFF) (Filed on 4/7/2016)

1
2
3
4
5
6
7

DANIEL J. MCCOY (CSB No. 206099)
[e-mail]
SHEEVA J. GHASSEMI-VANNI (CSB No. 246639)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200
Attorneys for Defendant
MAIN STREET HUB, INC.

8
UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

MOUNTAIN VIEW

12
ATTORNEYS AT LAW

F ENWICK & W EST LLP

9

13

NORMAN KAY,
Plaintiff,

14

STIPULATED PROTECTIVE ORDER

v.

15
16

Case No. 3:15-cv-04666-EMC

MAIN STREET HUB, INC., and DOES 1
through 200, inclusive,
Defendants.

17
18
19

1.

PURPOSES AND LIMITATIONS

20

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

21

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

22

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

23

Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated

24

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

25

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

26

and 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

28

12.3, below, that this Stipulated Protective Order does not entitle them to file confidential
STIPULATED PROTECTIVE ORDER

1

Case No.: 3:15-CV-04666-EMC

1

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

2

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

3

under seal.

4

2.

5
6

DEFINITIONS
2.1

Challenging Party: a Party or Non-Party that challenges the designation of

information or items under this Order.

7

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

MOUNTAIN VIEW

12
ATTORNEYS AT LAW

F ENWICK & W EST LLP

11

13
14

2.3

Counsel: Outside Counsel of Record and House Counsel (as well as their support

2.4

Designating Party: a Party or Non-Party that designates information or items that it

staff).

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 (1) has been retained by a Party or its counsel to serve as an expert witness or

20

as a consultant in this action, (2) is not a past or current employee of a Party or of a Party’s

21

competitor, and (3) at the time of retention, is not anticipated to become an employee of a Party

22

or of a Party’s competitor.

23
24
25
26
27

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

28
STIPULATED PROTECTIVE ORDER

2

Case No.: 3:15-CV-04666-EMC

1

action but are retained to represent or advise a party to this action and have appeared in this action

2

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

MOUNTAIN VIEW

12
ATTORNEYS AT LAW

F ENWICK & W EST LLP

11

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;

18

(2) 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

23

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

24

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

25

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

26

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

27

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

28
STIPULATED PROTECTIVE ORDER

3

Case No.: 3:15-CV-04666-EMC

1

4.

DURATION

2

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

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

MOUNTAIN VIEW

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

12
ATTORNEYS AT LAW

F ENWICK & W EST LLP

11

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

13

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

14

those parts of material, documents, items, or oral or written communications that qualify – so that

15

other portions of the material, documents, items, or communications for which protection is not

16

warranted are not swept 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 at all or do not qualify for the level of protection

23

initially asserted, that Designating Party must promptly notify all other parties that it is

24

withdrawing the mistaken designation.

25

5.2

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

26

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

27

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

28

designated before the material is disclosed or produced.
STIPULATED PROTECTIVE ORDER

4

Case No.: 3:15-CV-04666-EMC

1

Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic documents, but

2
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) and must specify, for each portion, the level of protection being asserted.

8
9

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

MOUNTAIN VIEW

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

12
ATTORNEYS AT LAW

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

11
F ENWICK & W EST LLP

10

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).

18

(b) for testimony given in deposition or in other pretrial or trial proceedings, that

19

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

20

proceeding, all protected testimony.
(c) for information produced in some form other than documentary and for any

21
22

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

23

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

24

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

25

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

26

5.3

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

27

designate qualified information or items does not, standing alone, waive the Designating Party’s

28

right to secure protection under this Order for such material. Upon timely correction of a
STIPULATED PROTECTIVE ORDER

5

Case No.: 3:15-CV-04666-EMC

1

designation, the Receiving Party must make reasonable efforts to assure that the material is

2

treated in accordance with the provisions of this Order.

3

6.

4

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

5

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

6

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

7

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

8

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

9

original designation is disclosed.

10

6.2

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

MOUNTAIN VIEW

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

12
ATTORNEYS AT LAW

F ENWICK & W EST LLP

11

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

a timely manner.

24

6.3

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

25

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

26

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

27

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

28

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

6

Case No.: 3:15-CV-04666-EMC

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

and confer requirements imposed by the preceding paragraph.

MOUNTAIN VIEW

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

12
ATTORNEYS AT LAW

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

11
F ENWICK & W EST LLP

10

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

13

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

14

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

15

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

16

designation until the court rules on the challenge.

17

7.

18

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

19

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

20

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

21

to the categories of persons and under the conditions described in this Order. When the litigation

22

has been terminated, a Receiving Party must comply with the provisions of Section 13 below.

23

Protected Material must be stored and maintained by a Receiving Party at a location and

24

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

25

7.2

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

26

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

27

information or item designated “CONFIDENTIAL” only to:

28

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
STIPULATED PROTECTIVE ORDER

7

Case No.: 3:15-CV-04666-EMC

1

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

2

information for this litigation;
(b) the officers, directors, and employees (including House Counsel) of the

3
4

Receiving Party to whom disclosure is reasonably necessary for this litigation;
(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is

5
6

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

7

Agreement to Be Bound” (Exhibit A);

8

(d) the court and its personnel;

9

(e) court reporters and their staff, professional jury or trial consultants, and
Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have

11

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(f) during their depositions, witnesses in the action to whom disclosure is

MOUNTAIN VIEW

12
ATTORNEYS AT LAW

F ENWICK & W EST LLP

10

13

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

14

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

15

transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be

16

separately bound by the court reporter and may not be disclosed to anyone except as permitted

17

under this Stipulated Protective Order.
(g) the author or recipient of a document containing the information or a custodian

18
19

or other person who otherwise possessed or knew the information.

20

8.

21
22
23
24
25
26
27

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation that

compels 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
include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order to issue
in the other litigation that some or all of the material covered by the subpoena or order is subject

28
STIPULATED PROTECTIVE ORDER

8

Case No.: 3:15-CV-04666-EMC

1

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

2

Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued by the

3
4

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

5
6

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

7

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

8

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

9

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

MOUNTAIN VIEW

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

12
ATTORNEYS AT LAW

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

11
F ENWICK & W EST LLP

10

9.

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

13
14
15
16
17

(a)

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.

18
19
20
21

(b)

24
25
26
27

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:

22
23

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

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 NonParty;
2. promptly provide the Non-Party with a copy of the Stipulated Protective
Order in this litigation, the relevant discovery request(s), and a reasonably specific description of
the information requested; and

28
STIPULATED PROTECTIVE ORDER

9

Case No.: 3:15-CV-04666-EMC

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

1
(c)

2

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

3

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

4

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

5

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

6

in its possession or control that is subject to the confidentiality agreement with the Non-Party

7

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

8

bear the burden and expense of seeking protection in this court of its Protected Material.

9

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

MOUNTAIN VIEW

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

12
ATTORNEYS AT LAW

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

11
F ENWICK & W EST LLP

10

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

13

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

14

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

15

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

16

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

17

11.

18
19
20
21
22
23
24
25
26

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL
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 whatever procedure may be established in
an e-discovery order that provides for production without prior privilege review. Pursuant to
Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of
disclosure of a communication or information covered by the attorney-client privilege or work
product protection, the parties may incorporate their agreement in the stipulated protective order
submitted to the court.

27
28
STIPULATED PROTECTIVE ORDER

10

Case No.: 3:15-CV-04666-EMC

1

12.

12.1

2
3

MISCELLANEOUS
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

4

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

5

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

6

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

7

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

8

covered by this Protective Order.
12.3

9

Filing Protected Material. Without written permission from the Designating Party

MOUNTAIN VIEW

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

12
ATTORNEYS AT LAW

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

11
F ENWICK & W EST LLP

10

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

13

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

14

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

15

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

16

otherwise entitled to protection under the law. If a Receiving Party’s request to file Protected

17

Material under seal pursuant to Civil Local Rule 79-5(e) is denied by the court, then the

18

Receiving Party may file the Protected Material in the public record pursuant to Civil Local Rule

19

79-5(e)(2) unless otherwise instructed by the court.

20

13.

FINAL DISPOSITION

21

Within 60 days after the final disposition of this action, as defined in Section 4,

22

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

23

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

24

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

25

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

26

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

27

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

28

the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has
STIPULATED PROTECTIVE ORDER

11

Case No.: 3:15-CV-04666-EMC

1

not retained any copies, abstracts, compilations, summaries or any other format reproducing or

2

capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to

3

retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

4

legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work

5

product, and consultant and expert work product, even if such materials contain Protected

6

Material. Any such archival copies that contain or constitute Protected Material remain subject to

7

this Protective Order as set forth in Section 4.

8

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

9
10

Dated: April 6, 2016

FENWICK & WEST LLP

By:

13

/s/ Sheeva J. Ghassemi-Vanni
Sheeva J. Ghassemi-Vanni
Attorneys for Defendant
MAIN STREET HUB, INC.

14
15

Dated: April 6, 2016

FRANK SARRO LAW

16
17

By:

18

/s/ Frank P. Sarro
Frank P. Sarro
Attorney for Plaintiff
NORMAN KAY

19

ATTESTATION

20
21

Concurrence in the filing of this document has been obtained from the other signatories.

22
/s/ Sheeva J. Ghassemi-Vanni
Sheeva J. Ghassemi-Vanni

24

28

12

NO

STIPULATED PROTECTIVE ORDER

R NIA

27

_____________________________________
Edward M. Chen RDERED
OO
United States District Judge
IT IS S

RT

. Chen
war M
EdCasedNo.: 3:15-CV-04666-EMC
Judge

FO

April 7, 2016

DATED: ________________________

S DISTRICT
TE
C
TA

RT
U
O

26

PURSUANT TO STIPULATION, IT IS SO ORDERED.

S

25

H

LI

23

UNIT
ED

MOUNTAIN VIEW

12
ATTORNEYS AT LAW

F ENWICK & W EST LLP

11

EXHIBIT A

1
2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________________________ [full name], of _________________

4

[address], declare under penalty of perjury that I have read in its entirety and understand the

5

Stipulated Protective Order that was issued by the United States District Court for the Northern

6

District of California on _______, 2016 in the case of Norman Kay v. Main Street Hub, Inc., Case

7

No. 3:15-cv-04666-EMC. I agree to comply with and to be bound by all the terms of this

8

Stipulated Protective Order and I understand and acknowledge that failure to so comply could

9

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

11

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

MOUNTAIN VIEW

12
ATTORNEYS AT LAW

F ENWICK & W EST LLP

10

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

13

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

14

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

15

I hereby appoint __________________________ [full name] of ______________

16

_______________________________________ [full address and telephone number] as my

17

California agent for service of process in connection with this action or any proceedings related to

18

enforcement of this Stipulated Protective Order.

19
20

Date: _________________________________

21

City and State where sworn and signed: _________________________________

22

Printed name: ______________________________

23
24
25

Signature: __________________________________

26
27
28
STIPULATED PROTECTIVE ORDER

13

Case No.: 3:15-CV-04666-EMC