John Utne v. Home Depot U.S.A., Inc.

Filing 32

STIPULATION AND ORDER Regarding Confidential Discovery Material. Signed by Judge Richard Seeborg on 5/3/17. (cl, COURT STAFF) (Filed on 5/3/2017)

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1 2 3 4 5 6 7 8 9 10 DONNA M. MEZIAS (SBN 111902) LIZ K. BERTKO (SBN 268128) dmezias@akingump.com lbertko@akingump.com AKIN GUMP STRAUSS HAUER & FELD LLP 580 California Street, Suite 1500 San Francisco, CA 94104 Telephone: 415-765-9500 Facsimile: 415-765-9501 Attorneys for Defendant HOME DEPOT U.S.A., INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 11 JOHN UTNE, on behalf of himself, all others similarly situated, 12 Plaintiff, 13 vs. 14 HOME DEPOT U.S.A., INC., a 15 Delaware corporation; and DOES 150, inclusive, 16 Defendants. 17 Case No. 16-cv-01854-RS [Assigned to Hon. Richard Seeborg] STIPULATION REGARDING CONFIDENTIAL DISCOVERY MATERIAL AND [PROPOSED] ORDER 18 19 20 21 22 23 24 25 26 27 28 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be 5 warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order does not 7 confer blanket protections on all disclosures or responses to discovery and that the 8 protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable legal 10 principles. The parties further acknowledge, as set forth in Section 12.3, below, that this 11 Stipulated Protective Order does not entitle them to file confidential information under 12 seal; Civil Local Rule 79-5 and General Order 62 set forth the procedures that must be 13 followed and the standards that will be applied when a party seeks permission from the 14 court to file material under seal. 15 2. 16 17 18 DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how 19 it is generated, stored or maintained) or tangible things that qualify for protection under 20 Federal Rule of Civil Procedure 26(c), as well as confidential, private or personal 21 information regarding current or former Home Depot employees, confidential 22 commercial or proprietary information, trade secrets, or any other confidential protected 23 information under state or federal law. 24 25 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 26 27 28 1 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS 1 2.4 Designating Party: a Party or Non-Party that designates information or 2 items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL.” 4 2.5 Disclosure or Discovery Material: all items or information, regardless of 5 the medium or manner in which it is generated, stored, or maintained (including, among 6 other things, testimony, transcripts, and tangible things), that are produced or generated 7 in disclosures or responses to discovery in this matter. 8 9 10 11 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. 12 House Counsel does not include Outside Counsel of Record or any other outside 13 counsel. 14 15 16 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 17 this action but are retained to represent or advise a party to this action and have 18 appeared in this action on behalf of that party or are affiliated with a law firm which has 19 appeared on behalf of that party. 20 2.10 Party: any party to this action, including all of its officers, directors, 21 employees, consultants, retained experts, and Outside Counsel of Record (and their 22 support staffs). 23 24 25 26 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 27 28 2 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS 1 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 2 their employees and subcontractors. 2.13 Protected Material: any Disclosure or Discovery Material that is 3 4 designated as “CONFIDENTIAL.” 5 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material 6 from a Producing Party. 7 3. 8 9 SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from 10 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 11 Material; and (3) any testimony, conversations, or presentations by Parties or their 12 Counsel that might reveal Protected Material. However, the protections conferred by 13 this Stipulation and Order do not cover the following information: (a) any information 14 that is in the public domain at the time of disclosure to a Receiving Party or becomes 15 part of the public domain after its disclosure to a Receiving Party as a result of 16 publication not involving a violation of this Order, including becoming part of the 17 public record through trial or otherwise; and (b) any information known to the 18 Receiving Party prior to the disclosure or obtained by the Receiving Party after the 19 disclosure from a source who obtained the information lawfully and under no obligation 20 of confidentiality to the Designating Party. Any use of Protected Material at trial shall 21 be governed by a separate agreement or order. 22 4. DURATION 23 Even after final disposition of this litigation, the confidentiality obligations 24 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 25 in writing or a court order otherwise directs. Final disposition shall be deemed to be the 26 later of (1) dismissal of all claims and defenses in this action, with or without prejudice; 27 and (2) final judgment herein after the completion and exhaustion of all appeals, 28 3 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS 1 rehearings, remands, trials, or reviews of this action, including the time limits for filing 2 any motions or applications for extension of time pursuant to applicable law. 3 5. 4 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection under this 6 Order must take care to limit any such designation to specific material that qualifies 7 under the appropriate standards. The Designating Party must designate for protection 8 only those parts of material, documents, items, or oral or written communications that 9 qualify – so that other portions of the material, documents, items, or communications 10 for which protection is not warranted are not swept unjustifiably within the ambit of this 11 Order. If it comes to a Designating Party’s attention that information or items that it 12 designated for protection do not qualify for protection, that Designating Party must 13 promptly notify all other Parties that it is withdrawing the mistaken designation. 14 5.2 Manner and Timing of Designations. Except as otherwise provided in this 15 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 16 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 17 must be clearly so designated before the material is disclosed or produced. 18 Designation in conformity with this Order requires: 19 (a) for information in documentary form (e.g., paper or electronic documents, 20 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 21 Producing Party affix the legend “CONFIDENTIAL” to each page that contains 22 protected material. 23 A Party or Non-Party that makes original documents or materials available for 24 inspection need not designate them for protection until after the inspecting Party has 25 indicated which material it would like copied and produced. During the inspection and 26 before the designation, all of the material made available for inspection shall be deemed 27 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 28 4 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS 1 copied and produced, the Producing Party must determine which documents qualify for 2 protection under this Order. Then, before producing the specified documents, the 3 Producing Party must affix the “CONFIDENTIAL” legend to each page that contains 4 Protected Material. 5 (b) for testimony given in deposition, that the Designating Party identify 6 portions of the testimony as to which protection is sought within 30 days of receipt of 7 the transcript. Only those portions of the testimony that are appropriately designated for 8 protection shall be covered by the provisions of this Stipulated Protective Order. For 9 testimony in other pretrial or trial proceedings, parties shall meet and confer and 10 11 propose reasonable procedures for use of Protected Material. Transcripts containing Protected Material shall have an obvious legend on the 12 title page that the transcript contains Protected Material, and the title page shall be 13 followed by a list of all pages (including line numbers as appropriate) that have been 14 designated as Protected Material and the level of protection being asserted by the 15 Designating Party. The Designating Party shall inform the court reporter of these 16 requirements. Any transcript that is prepared before the expiration of a 30 day period 17 for designation shall be treated during that period as if it had been designated 18 “CONFIDENTIAL” in its entirety unless otherwise agreed. After the expiration of that 19 period, the transcript shall be treated only as actually designated. 20 (c) for information produced in some form other than documentary and for any 21 other tangible items, that the Producing Party affix in a prominent place on the exterior 22 of the container or containers in which the information or item is stored the legend 23 “CONFIDENTIAL.” 24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 25 failure to designate qualified information or items does not, standing alone, waive the 26 Designating Party’s right to secure protection under this Order for such material. Upon 27 28 5 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS 1 timely correction of a designation, the Receiving Party must make reasonable efforts to 2 assure that the material is 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 5 designation of confidentiality at any time. Unless a prompt challenge to a Designating 6 Party’s confidentiality designation is necessary to avoid foreseeable, substantial 7 unfairness, unnecessary economic burdens, or a significant disruption or delay of the 8 litigation, a Party does not waive its right to challenge a confidentiality designation by 9 electing not to mount a challenge promptly after the original designation is disclosed. 10 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 11 resolution process by providing written notice of each designation it is challenging and 12 describing the basis for each challenge. To avoid ambiguity as to whether a challenge 13 has been made, the written notice must recite that the challenge to confidentiality is 14 being made in accordance with this specific paragraph of the Protective Order. The 15 parties shall attempt to resolve each challenge in good faith and must begin the process 16 by conferring directly (in voice to voice dialogue; other forms of communication are not 17 sufficient) within 14 days of the date of service of notice. In conferring, the 18 Challenging Party must explain the basis for its belief that the confidentiality 19 designation was not proper and must give the Designating Party an opportunity to 20 review the designated material, to reconsider the circumstances, and, if no change in 21 designation is offered, to explain the basis for the chosen designation. A Challenging 22 Party may proceed to the next stage of the challenge process only if it has engaged in 23 this meet and confer process first or establishes that the Designating Party is unwilling 24 to participate in the meet and confer process in a timely manner. 25 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without 26 court intervention, the Designating Party shall file and serve a motion to retain 27 confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5 28 6 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS 1 and General Order 62, if applicable) within 21 days of the initial notice of challenge or 2 within 14 days of the parties agreeing that the meet and confer process will not resolve 3 their dispute, whichever is earlier. Each such motion must be accompanied by a 4 competent declaration affirming that the movant has complied with the meet and confer 5 requirements imposed in the preceding paragraph. Failure by the Designating Party to 6 make such a motion including the required declaration within 21 days (or 14 days, if 7 applicable) shall automatically waive the confidentiality designation for each challenged 8 designation. In addition, the Challenging Party may file a motion challenging a 9 confidentiality designation at any time if there is good cause for doing so, including a 10 challenge to the designation of a deposition transcript or any portions thereof. Any 11 motion brought pursuant to this provision must be accompanied by a competent 12 declaration affirming that the movant has complied with the meet and confer 13 requirements imposed by the preceding paragraph. 14 The burden of persuasion in any such challenge proceeding shall be on the 15 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 16 to harass or impose unnecessary expenses and burdens on other parties) may expose the 17 Challenging Party to sanctions. Unless the Designating Party has waived the 18 confidentiality designation by failing to file a motion to retain confidentiality as 19 described above, all parties shall continue to afford the material in question the level of 20 protection to which it is entitled under the Producing Party’s designation until the court 21 rules on the challenge, and any review process of the court’s ruling has been exhausted. 22 7. 23 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 24 disclosed or produced by another Party or by a Non-Party in connection with this case 25 only for prosecuting, defending, or attempting to settle this litigation. Such Protected 26 Material may be disclosed only to the categories of persons and under the conditions 27 28 7 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS 1 described in this Order. When the litigation has been terminated, a Receiving Party 2 must comply with the provisions of section 13 below (FINAL DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a 4 location and in a secure manner that ensures that access is limited to the persons 5 authorized under this 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 8 may disclose any information or item designated “CONFIDENTIAL” only to: 9 (a) the Receiving Party’s Outside Counsel of Record in this action, as 10 well as employees of said Outside Counsel of Record to whom it is reasonably 11 necessary to disclose the information for this litigation and who have signed the 12 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A; 13 (b) the officers, directors, and employees (including House Counsel) of 14 the Receiving Party to whom disclosure is reasonably necessary for this litigation and 15 who have 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 18 “Acknowledgment 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, 21 mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for 22 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 23 (Exhibit A); 24 (f) during their depositions, witnesses in the action to whom disclosure 25 is reasonably necessary and who have signed the “Acknowledgment and Agreement to 26 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by 27 the court. Pages of transcribed deposition testimony or exhibits to depositions that 28 8 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS 1 reveal Protected Material must be separately bound by the court reporter and may not be 2 disclosed to anyone 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 8 compels disclosure of any information or items designated in this action as 9 “CONFIDENTIAL,” that Party must: 10 11 12 (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 13 order to issue in the other litigation that some or all of the material covered by the 14 subpoena or order is subject to this Protective Order. Such notification shall include a 15 copy of this Stipulated Protective Order; and 16 17 18 (c) 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 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 21 order issued, unless the Party has obtained the Designating Party’s permission. The 22 Designating Party shall bear the burden and expense of seeking protection in that court 23 of its confidential material – and nothing in these provisions should be construed as 24 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive 25 from another court. 26 27 28 9 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS 1 2 3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a 4 Non-Party in this action and designated as “CONFIDENTIAL.” Such information 5 produced by Non-Parties in connection with this litigation is protected by the remedies 6 and relief provided by this Order. Nothing in these provisions should be construed as 7 prohibiting a Non-Party from seeking additional protections. 8 9 (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 10 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 11 information, then the Party shall: 12 1. promptly notify in writing the Requesting Party and the 13 Non-Party that some or all of the information requested is subject to a confidentiality 14 agreement with a Non-Party; 15 2. promptly provide the Non-Party with a copy of the 16 Stipulated Protective Order in this litigation, the relevant discovery request(s), and a 17 reasonably specific description of the information requested; and 18 19 20 3. make the information requested available for inspection by the Non-Party. (c) If the Non-Party fails to object or seek a protective order from this 21 court within 14 days of receiving the notice and accompanying information, the 22 Receiving Party may produce the Non-Party’s confidential information responsive to 23 the discovery request. If the Non-Party timely seeks a protective order, the Receiving 24 Party shall not produce any information in its possession or control that is subject to the 25 confidentiality agreement with the Non-Party before a determination by the court. 26 Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 27 seeking protection in this court of its Protected Material. 28 10 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS 1 10. 2 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 5 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 6 all unauthorized copies of the Protected Material, (c) inform the person or persons to 7 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 8 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 9 that is attached hereto as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 11 PROTECTED MATERIAL 12 When a Producing Party gives notice to Receiving Parties that certain 13 inadvertently produced material is subject to a claim of privilege or other protection, the 14 obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 16 may be established in an e-discovery order that provides for production without prior 17 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 18 Parties reach an agreement on the effect of disclosure of a communication or 19 information covered by the attorney-client privilege or work product protection, the 20 Parties may incorporate their agreement in the Stipulated Protective Order submitted to 21 the court. 22 12. 23 24 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. 25 12.2 Right to Assert Other Objections. By stipulating to the entry of this 26 Stipulated Protective Order no Party waives any right it otherwise would have to object 27 to disclosing or producing any information or item on any ground not addressed in this 28 11 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS 1 Stipulated Protective Order. Similarly, no Party waives any right to object on any 2 ground to use in evidence of any of the material covered by this Stipulated Protective 3 Order. Nothing in this Stipulated Protective Order will be deemed to be a limit on or 4 waiver of the attorney-client privilege, work product privilege, or any other relevant 5 privilege. 6 12.3 Filing Protected Material. Without written permission from the 7 Designating Party or a court order secured after appropriate notice to all interested 8 persons, a Party may not file in the public record in this action any Protected Material. 9 A Party that seeks to file under seal any Protected Material must comply with Civil 10 Local Rule 79-5 and General Order 62. Protected Material may only be filed under seal 11 pursuant to a court order authorizing the sealing of the specific Protected Material at 12 issue. Pursuant to Civil Local Rule 79-5 and General Order 62, a sealing order will 13 issue only upon a request establishing that the Protected Material at issue is privileged, 14 protectable as a trade secret, or otherwise entitled to protection under the law. If a 15 Receiving Party’s request to file Protected Material under seal pursuant to Civil Local 16 Rule 79-5(d) and General Order 62 is denied by the court, then the Receiving Party may 17 file the information in the public record pursuant to Civil Local Rule 79-5(e) unless 18 otherwise instructed by the court. 19 12.4 Additional Parties to Lawsuit. If other Parties are added to this 20 action, no Protected Material previously exchanged, produced, or used herein will be 21 disclosed to such other Parties or their Counsel except upon their agreeing to be bound 22 by the provisions of this Stipulated Protective Order. 23 13. FINAL DISPOSITION. Within 60 days after the final disposition of this 24 action, as defined in paragraph 4, each Receiving Party must return all Protected 25 Material to the Producing Party or destroy such material. As used in this subdivision, 26 “all Protected Material” includes all copies, abstracts, compilations, summaries, and any 27 other format reproducing or capturing any of the Protected Material. Whether the 28 12 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS 1 Protected Material is returned or destroyed, the Receiving Party must submit a written 2 certification to the Producing Party (and, if not the same person or entity, to the 3 Designating Party) by the 60-day deadline that (1) identifies (by category, where 4 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 5 that the Receiving Party has not retained any copies, abstracts, compilations, summaries 6 or any other format reproducing or capturing any of the Protected Material. 7 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 8 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 9 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 10 consultant and expert work product, even if such materials contain Protected Material. 11 Any such archival copies that contain or constitute Protected Material remain subject to 12 this Protective Order as set forth in Section 4 (DURATION). 13 14 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 15 16 Dated: May 1, 2017 /s/ Thomas Segal THOMAS SEGAL SETAREH LAW GROUP 9454 Wilshire Boulevard, Suite 907 Beverly Hills, CA 90212 Telephone: (310) 888-7771 Facsimile: (310) 888-0109 Dated: May 1, 2017 ./s/ Liz K. Bertko LIZ K. BERTKO (SBN 268128) AKIN GUMP STRAUSS HAUER & FELD LLP 580 California Street, Suite 1500 San Francisco, CA 94104 Telephone: (415) 765-9500 Facsimile: (415) 765-9501 17 18 19 20 21 22 23 24 25 26 27 28 13 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 3 5/3/17 Dated: _________________ 4 5 Judge Richard Seeborg United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 1 2 I, _____________________________ [print or type full name], of 3 ____________________________ [print or type full address], declare under 4 penalty of perjury that I have read in its entirety and understand the Stipulated 5 Protective Order that was issued by the United States District Court for the 6 Northern District of California on [date] in the case of Utne v. Home Depot USA, 7 Inc., Civil Action No. 16-cv-01854-RS. I agree to comply with and to be bound by 8 all the terms of this Stipulated Protective Order and I understand and acknowledge 9 that failure to so comply could expose me to sanctions and punishment in the 10 nature of contempt. I solemnly promise that I will not disclose in any manner any 11 information or item that is subject to this Stipulated Protective Order to any person 12 or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States 14 District Court for the Northern District of California for the purpose of enforcing 15 the terms of this Stipulated Protective Order, even if such enforcement proceedings 16 occur after termination of this action. 17 /// 18 /// 19 /// 20 21 22 23 24 25 26 27 28 2 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS I hereby appoint _________________________ [print or type full 1 2 name] of ___________________________ [print or type full address and 3 telephone number] as my California agent for service of process in connection with 4 this action or any proceedings related to enforcement of this Stipulated Protective 5 Order. 6 7 Dated: _______________________, 20____ 8 City and Date where sworn and signed: _________________________ 9 Printed name: __________________________ [printed name] 10 11 12 Signature: ______________________________ [signature] 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION RE CONFIDENTIAL DISCOVERY MATERIAL, CASE NO. 16-CV-01854-RS

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