Ron Alul et al v. American Honda Motor Company, Inc.

Filing 78

STIPULATION AND ORDER re 76 STIPULATION WITH PROPOSED ORDER Stipulated Protective Order filed by American Honda Motor Company, Inc. Signed by Judge Jon S. Tigar on April 4, 2017. (wsn, COURT STAFF) (Filed on 4/4/2017)

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Livia M. Kiser (SBN 285411)
[e-mail]
Michael C. Andolina (admitted pro hac vice)
[e-mail]
Andrew J. Chinsky (admitted pro hac vice)
[e-mail]
SIDLEY AUSTIN LLP
One South Dearborn
Chicago, IL 60603
Tel: [phone]
Fax: [phone]
Eric B. Schwartz (SBN 266554)
[e-mail]
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, California 90013
Tel: [phone]
Fax: [phone]
Attorneys for Defendant American Honda Motor
Co., Inc.
Additional Counsel on Signature Page

Steve W. Berman (admitted pro hac vice)
Catherine Y.N. Gannon (admitted pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, Washington 98101
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Christopher A. Seeger (admitted pro hac vice)
Daniel R. Leathers (admitted pro hac vice)
Scott A. George (admitted pro hac vice)
SEEGER WEISS LLP
77 Water Street, 26th Floor
New York, NY 10005
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs and the Proposed Classes
and Subclasses

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
LINDSAY ABERIN, RON ALUL, DON
AWTREY, DANIEL CRINER, JARED
CROOKS, REBECCA GRAY, MARK
GERSTLE, JOHN KELLY, YUN-FEI LOU,
JORDAN MOSS, DONALD TRAN, ARPAN
SRIVASTAVA, and MELISSA YEUNG
individually and on behalf of all others
similarly situated,
Plaintiffs,

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vs.

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AMERICAN HONDA MOTOR CO., INC.,

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Defendant.

) Case No. 3:16-cv-04384-JST
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) STIPULATED PROTECTIVE ORDER
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STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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

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

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

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the Parties hereby stipulate to and petition the court to enter the following Stipulated Protective

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Order. The Parties acknowledge that this Order does not confer blanket protections on all disclosures

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

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

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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;

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United States District Court
Northern District of California

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Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be

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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

Competitor: an entity that is engaged in commercial or economic competition with

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AHM or any of its affiliates, including current and former (i.e., within the past year from the date of

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entry of this Order) employees, consultants or independent contractors thereof.

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2.3

“CONFIDENTIAL” Information or Items: information (regardless of how it is

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

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Civil Procedure 26(c).

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2.4

Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well

as their support staff).
2.5

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

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produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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2.6

Disclosure or Discovery Material: all items or information, regardless of the medium
STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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

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

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discovery in this matter, including Protected Material.

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2.7

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

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

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consultant in this action.

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2.8

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items:

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extremely sensitive “Confidential Information or Items,” disclosure of which to another Party or Non-Party

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would create a substantial risk of competitive or business injury to the Producing Party that could not

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reasonably be avoided by less restrictive means. By way of example, and not limitation, HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY information may include economically or

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competitively sensitive information such as non-public design, development, or testing information

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(particularly that relates to recent or current model year vehicles); engineering specifications or

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schematics; strategic planning or pricing information; trade secrets; negotiation strategies;

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proprietary hardware or software or systems; and proprietary edits or customizations to software.

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2.9

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.
2.10

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

entity not named as a Party to this action.
2.11

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

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

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

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2.12

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

Material (including Protected Material) in this action.
2.14

Professional Vendors: persons or entities that provide litigation support services (e.g.,
STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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

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Receiving Party: a Party that receives Disclosure or Discovery Material, including

Protected Material, from a Producing Party.

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2.17

Technical Automotive Data: technical information relating to or concerned with

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Acura vehicle hardware and software interfacing with or comprising the various HandsFreeLink©

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systems in Acura vehicles and related components thereto which is also Protected Material.

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3.

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

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

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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 Receiving

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

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

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

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

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information lawfully and under no obligation of confidentiality to the Designating Party (“Source”),

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provided notice is provided to the Producing Party in accordance with Section 8 below. Any use of

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

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4.

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

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

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

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STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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

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

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

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

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

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Party or Non-Party that designates information or items for protection under this Order agrees to

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uphold the spirit of the purposes of this Order and evaluate information for designation in its full

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context. For example, design, development, and testing information may warrant protection or

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heightened protection under this Order as relating to recent or current model year vehicles, but may

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warrant reduced or no protection under this Order as relating to older model year vehicles,

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depending on the context.

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

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determined by the Court to be clearly unjustified or that have been made for an improper purpose

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(e.g., to unnecessarily encumber or retard the case development process or to impose unnecessary

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expenses and burdens on other Parties) could expose the Designating Party to sanctions. If it comes

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to a Designating Party’s attention that information or items that it designated for protection do not

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qualify for protection, the Designating Party must promptly notify all other Parties that it is

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withdrawing the mistaken designation.

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5.2

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

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

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

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before the material is disclosed or produced.

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Designation in conformity with this Order requires:
(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
STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” to each document that contains protected material. A Party or Non-Party that makes original

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documents or materials available for inspection need not designate them for protection until after the

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inspecting Party has indicated which material it would like copied and produced. During the

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inspection and before the designation, all of the material made available for inspection shall be

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deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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according to the discretion of the Party of Non-Party who is making such documents or materials

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available. After the inspecting Party has identified the documents it wants copied and produced, the

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Producing Party must determine which documents qualify for protection under this Order. Then,

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before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL”

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or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to each document that

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contains Protected Material.

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(b)

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

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the Designating Party identify all protected testimony on the record or in writing within 30 days of

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receipt of the final transcript of the deposition or other proceedings. All testimony shall be treated as

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HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY until the expiration of such 30-day

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period, unless mutually agreed by the Parties in writing.

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(c)

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

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

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

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions of the

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information or item warrant protection, the Producing Party, to the extent practicable, shall identify

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the protected portion(s).

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5.3

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

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

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

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

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STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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accordance with the provisions of this Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

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

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

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

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

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designation is disclosed.

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6.2

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

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

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challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must

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identify the specific Protected Information by bates number and recite that the challenge to

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confidentiality is being made in accordance with this specific paragraph of the Protective Order. The

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Parties shall attempt to resolve each challenge in good faith and must begin the process by

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conferring directly (in voice-to-voice dialogue; other forms of communication are not sufficient)

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within fourteen (14) business days of the date of service of notice (or as otherwise agreed to by the

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Parties). In conferring, the Challenging Party must explain the basis for its belief that the

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

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

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

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

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

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timely manner.

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6.3

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

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

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

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business days of the initial notice of challenge or within fourteen (14) business days of the Parties

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STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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agreeing that the meet and confer process will not resolve their dispute, whichever is earlier (or on a

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different schedule as otherwise agreed to by the Parties). Each such motion must be accompanied by

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a competent declaration affirming that the movant has complied with the meet and confer

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requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a

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motion including the required declaration within 21 business days (or 14 business days, if

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applicable) (or the agreed-upon schedule, as applicable) shall automatically waive the confidentiality

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designation for each challenged designation. In addition, the Challenging Party may file a motion

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challenging a confidentiality designation at any time if there is good cause for doing so, including a

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challenge to the designation of a deposition transcript or any portions thereof. Any motion brought

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pursuant to this provision must be accompanied by a competent declaration affirming that the

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movant has complied with the meet-and-confer requirements imposed by the preceding paragraph.

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

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

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

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Unless the Designating Party has waived the confidentiality designation by failing to file a motion to

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retain confidentiality as described above, all Parties shall continue to afford the material in question

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the level of protection to which it is entitled under the Producing Party’s designation until the court

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rules on the challenge.

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7.

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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

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

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

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

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been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL

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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.
STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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Plaintiffs agree to not disclose any “CONFIDENTIAL” Information or Items or “HIGHLY

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CONFIDENTIAL – ATTORNEYS EYES ONLY” Information or Items to any person who is: (i)

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currently an employee or independent contractor of a Competitor of any Honda entity; (ii) currently

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serving as a consultant to a Competitor on matters relating to the vehicle components in issue in this

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litigation, including without limitation Technical Automotive Data; or (iii) otherwise conflicted out

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based on, inter alia, agency principles or governing law (collectively, “Conflicted Consultants”);

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7.2

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

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

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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

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

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

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Bound” that is attached hereto as Exhibit A;

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(b)

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

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

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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 who the Receiving

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Party in good faith reasonably believes are not Competitors of the Producing Party, and to whom

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

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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, and

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Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have

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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

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

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

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STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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

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

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under this Stipulated Protective Order.

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(g)

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

custodian or other person who otherwise possessed or knew the information.
7.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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Information or Items. Unless otherwise ordered by the court or permitted in writing by the

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Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to:

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

(a)

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

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

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Bound” that is attached hereto as Exhibit A;

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(b)

Experts of the Receiving Party who the Receiving Party in good faith

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reasonably believes are not Competitors of the Producing Party and who will not be reviewing or

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receiving Technical Automotive Data designated HIGHLY-CONFIDENTIAL ATTORNEYS’

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EYES ONLY:

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(1)

to whom disclosure is reasonably necessary for this litigation, and

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(2)

who have signed the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A);

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(c)

Experts of the Receiving Party who will be reviewing and/or receiving

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Technical Automotive Data that is also designated HIGHLY-CONFIDENTIAL ATTORNEYS’

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EYES ONLY, to whom disclosure is reasonably necessary for this litigation and who have signed

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the “Acknowledgement and Agreement to Be Bound” (Exhibit A), provided that in advance of

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disclosure of Technical Automotive Data that is also designated HIGHLY-CONFIDENTIAL

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ATTORNEYS’ EYES ONLY, the procedures set forth in paragraph 7.3(c)(1)-(3), below, have

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been followed:

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STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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(1)

disclosure of HIGHLY-CONFIDENTIAL ATTORNEYS’ EYES

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ONLY-designated Technical Automotive Data may be made only after the Receiving Party

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provides to all Outside Counsel of Record for AHM no fewer than twenty (20) days’ prior written

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notice of the identity of the Expert or consultant (each a “Disclosed Expert”) to whom such

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disclosure is to be made (including his or her name, address, current job title, and the names of

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Competitor(s) by which the Expert or consultant has been employed, retained or performed

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services for).
(2)

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if AHM fails to notify the Receiving Party of its objection to the

Disclosed Expert twenty-one (21) days after receipt of all of the information provided in 7.3(c)(1),

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AHM will be deemed to have consented to disclosure of Technical Automotive Data designated

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HIGHLY-CONFIDENTIAL ATTORNEYS EYES ONLY to the Disclosed Expert and the

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Receiving Party may disclose such data to the identified Disclosed Expert;

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(3)

if AHM provides notice of its objection to disclosure to the

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Disclosed Expert up to and including 21 days after receipt of all of the information provided in

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7.3(c)(i), no disclosure of any Technical Automotive Data designated HIGHLY-CONFIDENTIAL

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ATTORNEYS’ EYES ONLY shall be made unless and until resolution of such objection has been

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reached. The Parties agree to resolving any objection via the same conflict resolution procedure

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outlined in Section 6 of this Order, and in the interim, Receiving Party agrees that no disclosure of

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such data shall be made to the Disclosed Expert unless and until resolution of such objection has

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been reached;

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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, and

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Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have

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

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(f)

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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(g)

Notwithstanding the foregoing, a Receiving Party may disclose any

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HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY Information or Items while on the

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record in a deposition taken in this action to a witness provided: (i) counsel in good faith believes

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the witness has knowledge of the matters contained in the HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY Information or Items (but only as to the subject matter to which the

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witness is reasonably believed to have knowledge); (ii) counsel in good faith deems it necessary

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for the prosecution of defense of this action to show the HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY Information or Items to the witness; and (iii) the witness shall sign

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the “Acknowledgment and Agreement to Be Bound” (Exhibit A) before the HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY Information or Items are disclosed. If a dispute

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arises regarding whether it is necessary for the prosecution or defense of this action to show

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HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY Information or Items to the witness,

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counsel for the parties present at the deposition shall meet and confer during the deposition in an

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attempt to resolve the dispute in advance of the HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY Information or Items are disclosed to the witness. If the parties are unable to resolve

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the dispute, the HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY Information or Items

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shall not be disclosed to the witness until such time that the Parties or Court resolves the dispute.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

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LITIGATION OR OBTAINED FROM A SOURCE WHO CLAIMS TO HAVE

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OBTAINED THE INFORMATION LAWFULLY AND WITHOUT OBLIGATION OF

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CONFIDENTIALITY TO THE DESIGNATING PARTY

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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” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or obtains information from a Source that

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claims to have obtained the information lawfully and without obligation of confidentiality to the

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Designating Party, the Party must:

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(a)

promptly notify in writing the Designating Party. Such notification shall
STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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include a copy of the subpoena or court order or identity of the Source, as applicable;

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(b)

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

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in the other litigation (or Source, as applicable), that some or all of the material covered by the

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subpoena or order is subject to this Protective Order. Such notification shall include a copy of this

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Stipulated Protective Order; and

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(c)

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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 subpoena

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cooperate with respect to all reasonable procedures sought to be pursued by

or court order (or who obtains the Protected Material from a Source) shall not produce or disclose

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any information designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” before a determination by the court from which the subpoena or

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order issued (or this court, as applicable), unless the Party has obtained the Designating Party’s

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permission. The Designating Party shall bear the burden and expense of seeking protection in court

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of its Protected Material – and nothing in these provisions should be construed as authorizing or

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

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9.

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

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

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Party in this action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” (including affiliates of a Party). Such information produced by Non-

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

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Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking

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additional protections.

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(b)

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

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

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the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:

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(1)

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

STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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some or all of the information requested is subject to a confidentiality agreement with a Non-Party;

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(2)

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

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

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description of the information requested; and

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(3)

make the information requested available for inspection by the Non-

Party.

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(c)

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

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

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

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Party timely seeks a protective order, the Receiving Party shall not produce any information in its

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possession or control that is subject to the confidentiality agreement with the Non-Party before a

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

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

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10.

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

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

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

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

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inform the person or persons to whom unauthorized disclosures were made of all the terms of this

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Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to

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Be Bound” that is attached hereto as Exhibit A.

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11.

PRIVILEGED, ATTORNEY WORK PRODUCT, OR OTHERWISE PROTECTED

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MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain produced material,

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whether inadvertently produced or otherwise, is subject to a claim of privilege, attorney work

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product, or other protection, the obligations of the Receiving Parties are those set forth in Federal

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Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

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STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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may be established in an electronic discovery order that provides for production without prior

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privilege review.

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If, without receiving notice from the Producing Party, a Receiving Party recognizes that it is

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in receipt of material that is subject to privilege, attorney work product, or other protection, the

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Receiving Party shall promptly notify the Producing Party and follow its obligations as set forth in

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Federal Rule of Civil Procedure 26(b)(5)(B). The Receiving Party may move the Court for an order

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compelling the production of some or all of such materials, but the basis for such a motion may not

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be the fact or circumstances of the productions.

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Pursuant to Federal Rule of Evidence 502(d) and (e), the production of privileged material or

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attorney work product, whether inadvertent or otherwise, is not a waiver of the privilege or attorney

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work product protection from discovery in this matter or in any other federal or state proceeding.

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When a Producing Party withholds materials from production on the basis of a claim of

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privilege, attorney work product, or other protection, the Producing Party shall provide a privilege

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log within a reasonable time following withholding of the materials to the Receiving Party. Such

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privilege log shall contain sufficient information to allow the Receiving Party to identify the basis

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of the claim of privilege, attorney work product, or other protection in such materials. With respect

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to e-mails containing multiple chains or threads over which a party claims a privilege, the

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Producing Party may log only the “top level” email in the email chain, provided that the privilege

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log entry for the top-level email states that the e-mail consists of a “chain” or “string.” Privileged,

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attorney work product, or otherwise protected material arising from or relating to this litigation

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(including that relates to Pfeiffer v. Am. Honda Motor Co., Inc., Case No. 2:16-cv-04507-R-JEM

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(C.D. Cal.)) that was created after June 22, 2016, may be withheld without being included on a

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privilege log.

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12.

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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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STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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12.2

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

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

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information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

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Party waives any right to object on any ground to use in evidence of any of the material covered by

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this Protective Order.

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12.3

Filing Protected Material. Without written permission from the Designating Party or a

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

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

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

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pursuant to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant

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

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

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

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

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

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13.

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

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

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

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

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

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

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

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Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained any

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copies, abstracts, compilations, summaries or any other format reproducing or capturing any of the

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Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of

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all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

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STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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1

correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant

2

and expert work product, even if such materials contain Protected Material. Any such archival copies

3

that contain or constitute Protected Material remain subject to this Protective Order as set forth in

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Section 4 (DURATION).

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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/s/ Livia M. Kiser
Livia M. Kiser (SBN 285411)
[e-mail]
Michael C. Andolina (admitted pro hac vice)
[e-mail]
Andrew J. Chinsky (admitted pro hac vice)
[e-mail]
SIDLEY AUSTIN LLP
One South Dearborn
Chicago, IL 60603
Tel: [phone]
Fax: [phone]
Eric B. Schwartz (SBN 266554)
[e-mail]
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, California 90013
Tel: [phone]
Fax: [phone]
Dated: March 31, 2017
Attorneys for Defendant American Honda
Motor Co., Inc.

/s/ Scott A. George
Christopher A. Seeger (admitted pro hac vice)
Daniel R. Leathers (admitted pro hac vice)
Scott A. George (admitted pro hac vice)
SEEGER WEISS LLP
77 Water Street, 26th Floor
New York, NY 10005
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Steve W. Berman (admitted pro hac vice)
Catherine Y.N. Gannon (admitted pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, Washington 98101
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
James E. Cecchi (pro hac vice to be filed)
Lindsey H. Taylor (pro hac vice to be filed)
CARELLA, BYRNE, CECCHI, OLSTEIN,
BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Roland Tellis (SBN 186269)
Mark Pifko (SBN 228412)
BARON & BUDD, P.C.

STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

17

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15910 Ventura Boulevard, Suite 1600
Encino, California 91436
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs and the Proposed
Classes and Subclasses
Dated: March 31, 2017

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STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: April 4, 2017

_____________________________________
United States District/Magistrate Judge

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STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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SIGNATURE ATTESTATION
I am the ECF User whose identification and password are being used to file the foregoing

3

Stipulation. In compliance with Civil Local Rule 5.1, I hereby attest that the signatory has

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concurred in this filing.

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Dated: March 31, 2017

By: /s/ Livia M. Kiser

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Livia M. Kiser

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STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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1

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

4

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

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

6

District of California on __________ _____, 2017, in the case of ___________ Alul et al. v.

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American Honda Motor Co., Inc., Case No. 3:16-cv-04384-JST. I agree to comply with and to be

8

bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that

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failure to so comply could expose me to sanctions and punishment in the nature of contempt. I

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solemnly promise that I will not disclose in any manner any information or item that is subject to this

11

Stipulated Protective Order to any person or entity except in strict compliance with the provisions of

12

this Order.

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

14

District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even

15

if such enforcement proceedings occur after termination of this action.

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

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_______________________________________ [print or type full address and telephone number] as

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

19

to enforcement of this Stipulated Protective Order.

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Date: ______________________________________

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City and State where sworn and signed: _________________________________

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Printed name: _______________________________

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Signature: __________________________________

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STIPULATED PROTECTIVE ORDER – CASE NO. 3:16-cv-04384-JST

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