Louangamath v. Philips North America LLC et al
Filing
35
STIPULATION AND ORDER re 34 STIPULATION WITH PROPOSED ORDER for Protective Order for Standard Litigation filed by Shelly Louangamath. Signed by Judge Jon S. Tigar on January 10, 2019. (wsn, COURT STAFF) (Filed on 1/10/2019)
1
2
3
4
5
6
7
8
DAVID G. SPIVAK (SBN 179684)
david@spivaklaw.com
THE SPIVAK LAW FIRM
16530 Ventura Blvd., Ste. 312
Encino, CA 91436
Telephone: (818) 582-3086
Facsimile: (818) 582-2561
Attorney for Plaintiff,
SHELLY LOUANGAMATH, and all others similarly situated
(Additional Counsel on Following Page)
9
UNITED STATES DISTRICT COURT
10
11
NORTHERN DISTRICT OF CALIFORNIA
12
13
14
15
16
SHELLY LOUANGAMATH, on behalf
of herself and all others similarly situated,
and as an “aggrieved employee” on
behalf of other “aggrieved employees”
under the Labor Code Private Attorneys
General Act of 2004,
Case No.: 4:18-cv-03634-JST
STIPULATED PROTECTIVE
ORDER FOR STANDARD
LITIGATION
Action filed:
17
April 20, 2018
Plaintiff(s),
18
19
20
21
22
Hon. Jon S. Tigar
San Francisco Courthouse
Courtroom 9
vs.
THE SPECTRANETICS
CORPORATION d.b.a. SPNC, INC., a
Delaware corporation; and DOES 1
through 50, inclusive,
23
24
Defendants.
25
26
27
28
1
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
2
3
4
5
6
7
8
9
10
11
ATTORNEYS FOR DEFENDANT
THOMAS M. MCINERNEY (SBN 162055)
tmm@ogletree.com
JARED L. PALMER (SBN No. 287974)
jared.palmer@ogletree.com
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300 One Market Plaza
San Francisco, CA 94105
Telephone: (415) 442-4810
Facsimile: (415) 442-4870
Attorneys for Defendant,
THE SPECTRANETICS CORPORATION
ADDITIONAL ATTORNEY FOR PLAINTIFF
12
13
14
15
16
17
18
19
WALTER HAINES (SBN 71075)
whaines@uelglaw.com
UNITED EMPLOYEES LAW GROUP
5500 Bolsa Ave, Suite 201
Huntington Beach, CA 92649
Telephone: (562) 256-1047
Facsimile: (562) 256-1006
Attorney for Plaintiff,
SHELLY LOUANGAMATH, and all others similarly situated
20
21
22
23
24
25
26
27
28
2
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
1. PURPOSES AND LIMITATIONS
2
Disclosure and discovery activity in this action are likely to involve
3
production of confidential, proprietary, or private information for which special
4
protection from public disclosure and from use for any purpose other than
5
prosecuting this litigation may be warranted. Accordingly, the parties hereby
6
stipulate to and petition the court to enter the following Stipulated Protective Order.
7
The parties acknowledge that this Order does not confer blanket protections on all
8
disclosures or responses to discovery and that the protection it affords from public
9
disclosure and use extends only to the limited information or items that are entitled
10
to confidential treatment under the applicable legal principles. The parties further
11
acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective
12
Order does not entitle them to file confidential information under seal; Civil Local
13
Rule 79-5 sets forth the procedures that must be followed and the standards that
14
will be applied when a party seeks permission from the court to file material under
15
seal.
16
2.
17
18
19
DEFINITIONS
a.
Challenging Party:
a Party or Non-Party that challenges the
designation of information or items under this Order.
b.
“CONFIDENTIAL” Information or Items: information (regardless of
20
how it is generated, stored or maintained) or tangible things that qualify for
21
protection under Federal Rule of Civil Procedure 26(c).
22
23
24
c.
Counsel (without qualifier): Outside Counsel of Record and House
Counsel (as well as their support staff).
d.
Designating Party: a Party or Non-Party that designates information
25
or items that it produces in disclosures or in responses to discovery as
26
“CONFIDENTIAL.”
27
28
e.
Disclosure or Discovery Material: all items or information, regardless
of the medium or manner in which it is generated, stored, or maintained (including,
3
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
among other things, testimony, transcripts, and tangible things), that are produced
2
or generated in disclosures or responses to discovery in this matter.
f.
3
Expert: a person with specialized knowledge or experience in a matter
4
pertinent to the litigation who has been retained by a Party or its counsel to serve
5
as an expert witness or as a consultant in this action.
g.
6
House Counsel: attorneys who are employees of a party to this action.
7
House Counsel does not include Outside Counsel of Record or any other outside
8
counsel.
9
h.
10
Non-Party: any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this action.
i.
11
Outside Counsel of Record: attorneys who are not employees of a
12
party to this action but are retained to represent or advise a party to this action and
13
have appeared in this action on behalf of that party or are affiliated with a law firm
14
which has appeared on behalf of that party.
j.
15
Party: any party to this action, including all of its officers, directors,
16
employees, consultants, retained experts, and Outside Counsel of Record (and their
17
support staffs).
18
k.
19
Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this action.
l.
20
Professional Vendors:
persons or entities that provide litigation
21
support services (e.g., photocopying, videotaping, translating, preparing exhibits or
22
demonstrations, and organizing, storing, or retrieving data in any form or medium)
23
and their employees and subcontractors.
m.
24
25
Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
n.
26
Receiving Party:
a Party that receives Disclosure or Discovery
27
Material from a Producing Party.
28
///
4
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
3.
SCOPE
2
The protections conferred by this Stipulation and Order cover not only
3
Protected Material (as defined above), but also (1) any information copied or
4
extracted from Protected Material; (2) all copies, excerpts, summaries, or
5
compilations of Protected Material; and (3) any testimony, conversations, or
6
presentations by Parties or their Counsel that might reveal Protected Material.
7
However, the protections conferred by this Stipulation and Order do not cover the
8
following information: (a) any information that is in the public domain at the time
9
of disclosure to a Receiving Party or becomes part of the public domain after its
10
disclosure to a Receiving Party as a result of publication not involving a violation
11
of this Order, including becoming part of the public record through trial or
12
otherwise; and (b) any information known to the Receiving Party prior to the
13
disclosure or obtained by the Receiving Party after the disclosure from a source
14
who obtained the information lawfully and under no obligation of confidentiality
15
to the Designating Party. Any use of Protected Material at trial shall be governed
16
by a separate agreement or order.
17
4.
DURATION
18
Even after final disposition of this litigation, the confidentiality obligations
19
imposed by this Order shall remain in effect until a Designating Party agrees
20
otherwise in writing or a court order otherwise directs. Final disposition shall be
21
deemed to be the later of (1) dismissal of all claims and defenses in this action, with
22
or without prejudice; and (2) final judgment herein after the completion and
23
exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
24
including the time limits for filing any motions or applications for extension of time
25
pursuant to applicable law.
26
5.
27
28
DESIGNATING PROTECTED MATERIAL
a.
Exercise of Restraint and Care in Designating Material for Protection.
Each Party or Non-Party that designates information or items for protection under
5
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
this Order must take care to limit any such designation to specific material that
2
qualifies under the appropriate standards. The Designating Party must designate for
3
protection only those parts of material, documents, items, or oral or written
4
communications that qualify – so that other portions of the material, documents,
5
items, or communications for which protection is not warranted are not swept
6
unjustifiably within the ambit of this Order.
7
Mass, indiscriminate, or routinized designations are prohibited. Designations
8
that are shown to be clearly unjustified or that have been made for an improper
9
purpose (e.g., to unnecessarily encumber or retard the case development process or
10
to impose unnecessary expenses and burdens on other parties) expose the
11
Designating Party to sanctions.
12
If it comes to a Designating Party’s attention that information or items that
13
it designated for protection do not qualify for protection, that Designating Party
14
must promptly notify all other Parties that it is withdrawing the mistaken
15
designation.
16
5.2
Manner and Timing of Designations. Except as otherwise provided in
17
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
18
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
19
under this Order must be clearly so designated before the material is disclosed or
20
produced.
21
22
Designation in conformity with this Order requires:
(a)
for information in documentary form (e.g., paper or electronic
23
documents, but excluding transcripts of depositions or other pretrial or trial
24
proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each
25
page that contains protected material. If only a portion or portions of the material
26
on a page qualifies for protection, the Producing Party also must clearly identify
27
the protected portion(s) (e.g., by making appropriate markings in the margins). A
28
Party or Non-Party that makes original documents or materials available for
6
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
inspection need not designate them for protection until after the inspecting Party
2
has indicated which material it would like copied and produced. During the
3
inspection and before the designation, all of the material made available for
4
inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
5
identified the documents it wants copied and produced, the Producing Party must
6
determine which documents, or portions thereof, qualify for protection under this
7
Order. Then, before producing the specified documents, the Producing Party must
8
affix the “CONFIDENTIAL” legend to each page that contains Protected Material.
9
If only a portion or portions of the material on a page qualifies for protection, the
10
Producing Party also must clearly identify the protected portion(s) (e.g., by making
11
appropriate markings in the margins).
(b)
12
for testimony given in deposition or in other pretrial or trial
13
proceedings, that the Designating Party identify on the record, before the close of
14
the deposition, hearing, or other proceeding, all protected testimony.
15
(c) for information produced in some form other than documentary and
16
for any other tangible items, that the Producing Party affix in a prominent place on
17
the exterior of the container or containers in which the information or item is stored
18
the legend “CONFIDENTIAL.” If only a portion or portions of the information or
19
item warrant protection, the Producing Party, to the extent practicable, shall
20
identify the protected portion(s).
5.3
21
Inadvertent Failures to Designate. If timely corrected, an inadvertent
22
failure to designate qualified information or items does not, standing alone, waive
23
the Designating Party’s right to secure protection under this Order for such
24
material. Upon timely correction of a designation, the Receiving Party must make
25
reasonable efforts to assure that the material is treated in accordance with the
26
provisions of this Order.
27
6.
28
CHALLENGING CONFIDENTIALITY DESIGNATIONS
a.
Timing of Challenges. Any Party or Non-Party may challenge a
7
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
designation of confidentiality at any time. Unless a prompt challenge to a
2
Designating Party’s confidentiality designation is necessary to avoid foreseeable,
3
substantial unfairness, unnecessary economic burdens, or a significant disruption
4
or delay of the litigation, a Party does not waive its right to challenge a
5
confidentiality designation by electing not to mount a challenge promptly after the
6
original designation is disclosed.
7
b.
Meet and Confer. The Challenging Party shall initiate the dispute
8
resolution process by providing written notice of each designation it is challenging
9
and describing the basis for each challenge. To avoid ambiguity as to whether a
10
challenge has been made, the written notice must recite that the challenge to
11
confidentiality is being made in accordance with this specific paragraph of the
12
Protective Order. The parties shall attempt to resolve each challenge in good faith
13
and must begin the process by conferring directly (in voice to voice dialogue; other
14
forms of communication are not sufficient) within 14 days of the date of service of
15
notice. In conferring, the Challenging Party must explain the basis for its belief that
16
the confidentiality designation was not proper and must give the Designating Party
17
an opportunity to review the designated material, to reconsider the circumstances,
18
and, if no change in designation is offered, to explain the basis for the chosen
19
designation. A Challenging Party may proceed to the next stage of the challenge
20
process only if it has engaged in this meet and confer process first or establishes
21
that the Designating Party is unwilling to participate in the meet and confer process
22
in a timely manner.
23
c.
Judicial Intervention. If the Parties cannot resolve a challenge without
24
court intervention, the Designating Party shall file and serve a motion to retain
25
confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule
26
79-5, if applicable) within 21 days of the initial notice of challenge or within 14
27
days of the parties agreeing that the meet and confer process will not resolve their
28
dispute, whichever is earlier. Each such motion must be accompanied by a
8
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
competent declaration affirming that the movant has complied with the meet and
2
confer requirements imposed in the preceding paragraph. Failure by the
3
Designating Party to make such a motion including the required declaration within
4
21 days (or 14 days, if applicable) shall automatically waive the confidentiality
5
designation for each challenged designation. In addition, the Challenging Party
6
may file a motion challenging a confidentiality designation at any time if there is
7
good cause for doing so, including a challenge to the designation of a deposition
8
transcript or any portions thereof. Any motion brought pursuant to this provision
9
must be accompanied by a competent declaration affirming that the movant has
10
complied with the meet and confer requirements imposed by the preceding
11
paragraph.
12
The burden of persuasion in any such challenge proceeding shall be on the
13
Designating Party. Frivolous challenges, and those made for an improper purpose
14
(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
15
expose the Challenging Party to sanctions. Unless the Designating Party has
16
waived the confidentiality designation by failing to file a motion to retain
17
confidentiality as described above, all parties shall continue to afford the material
18
in question the level of protection to which it is entitled under the Producing Party’s
19
designation until the court rules on the challenge.
20
7.
21
ACCESS TO AND USE OF PROTECTED MATERIAL
a.
Basic Principles. A Receiving Party may use Protected Material that
22
is disclosed or produced by another Party or by a Non-Party in connection with this
23
case only for prosecuting, defending, or attempting to settle this litigation. Such
24
Protected Material may be disclosed only to the categories of persons and under
25
the conditions described in this Order. When the litigation has been terminated, a
26
Receiving Party must comply with the provisions of section 13 below (FINAL
27
DISPOSITION).
28
Protected Material must be stored and maintained by a Receiving Party at a
9
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
location and in a secure manner that ensures that access is limited to the persons
2
authorized under this Order.
b.
3
Disclosure of “CONFIDENTIAL” Information or Items. Unless
4
otherwise ordered by the court or permitted in writing by the Designating Party, a
5
Receiving
6
“CONFIDENTIAL” only to:
Party
may
disclose
any
information
or
item
designated
7
(a) the Receiving Party’s Outside Counsel of Record in this action, as
8
well as employees of said Outside Counsel of Record to whom it is reasonably
9
necessary to disclose the information for this litigation and who have signed the
10
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
11
A;
12
(b) the officers, directors, and employees (including House Counsel)
13
of the Receiving Party to whom disclosure is reasonably necessary for this litigation
14
and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
15
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
21
consultants, mock jurors, and Professional Vendors to whom disclosure is
22
reasonably necessary for this litigation and who have signed the “Acknowledgment
23
and Agreement to Be Bound” (Exhibit A);
24
(f)
during their depositions, witnesses in the action to whom
25
disclosure is reasonably necessary and who have signed the “Acknowledgment and
26
Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating
27
Party or ordered by the court. Pages of transcribed deposition testimony or exhibits
28
to depositions that reveal Protected Material must be separately bound by the court
10
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
reporter and may not be disclosed to anyone except as permitted under this
2
Stipulated Protective Order.
(g) the author or recipient of a document containing the information
3
4
or a custodian or other person who otherwise possessed or knew the information.
5
8.
PROTECTED MATERIAL SUBPOENAED OR ORDERED
6
PRODUCED IN OTHER LITIGATION
7
If a Party is served with a subpoena or a court order issued in other litigation
8
that compels disclosure of any information or items designated in this action as
9
“CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall
10
11
include a copy of the subpoena or court order;
12
(b) promptly notify in writing the party who caused the subpoena or order
13
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
15
a copy of this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued
16
17
by the Designating Party whose Protected Material may be affected.
18
If the Designating Party timely seeks a protective order, the Party served
19
with the subpoena or court order shall not produce any information designated in
20
this action as “CONFIDENTIAL” before a determination by the court from which
21
the subpoena or order issued, unless the Party has obtained the Designating Party’s
22
permission. The Designating Party shall bear the burden and expense of seeking
23
protection in that court of its confidential material – and nothing in these provisions
24
should be construed as authorizing or encouraging a Receiving Party in this action
25
to disobey a lawful directive from another court.
26
9.
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
27
PRODUCED IN THIS LITIGATION
28
(a) The terms of this Order are applicable to information produced by a Non11
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
Party in this action and designated as “CONFIDENTIAL.” Such information
2
produced by Non-Parties in connection with this litigation is protected by the
3
remedies and relief provided by this Order. Nothing in these provisions should be
4
construed as prohibiting a Non-Party from seeking additional protections.
5
(b) In the event that a Party is required, by a valid discovery request, to
6
produce a Non-Party’s confidential information in its possession, and the Party is
7
subject to an agreement with the Non-Party not to produce the Non-Party’s
8
confidential information, then the Party shall:
9
(1) promptly notify in writing the Requesting Party and the Non-Party
10
that some or all of the information requested is subject to a confidentiality
11
agreement with a Non-Party;
12
(2) promptly provide the Non-Party with a copy of the Stipulated
13
Protective Order in this litigation, the relevant discovery request(s), and a
14
reasonably specific description of the information requested; and
(3) make the information requested available for inspection by the Non-
15
16
Party.
17
(c) If the Non-Party fails to object or seek a protective order from this court
18
within 14 days of receiving the notice and accompanying information, the
19
Receiving Party may produce the Non-Party’s confidential information responsive
20
to the discovery request. If the Non-Party timely seeks a protective order, the
21
Receiving Party shall not produce any information in its possession or control that
22
is subject to the confidentiality agreement with the Non-Party before a
23
determination by the court. Absent a court order to the contrary, the Non-Party
24
shall bear the burden and expense of seeking protection in this court of its Protected
25
Material.
26
10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
27
If a Receiving Party learns that, by inadvertence or otherwise, it has
28
disclosed Protected Material to any person or in any circumstance not authorized
12
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
under this Stipulated Protective Order, the Receiving Party must immediately (a)
2
notify in writing the Designating Party of the unauthorized disclosures, (b) use its
3
best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform
4
the person or persons to whom unauthorized disclosures were made of all the terms
5
of this Order, and (d) request such person or persons to execute the
6
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
7
A.
8
11.
INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL
9
10
When a Producing Party gives notice to Receiving Parties that certain
11
inadvertently produced material is subject to a claim of privilege or other
12
protection, the obligations of the Receiving Parties are those set forth in Federal
13
Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
14
whatever procedure may be established in an e-discovery order that provides for
15
production without prior privilege review. Pursuant to Federal Rule of Evidence
16
502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
17
of a communication or information covered by the attorney-client privilege or work
18
product protection, the parties may incorporate their agreement in the stipulated
19
protective order submitted to the court.
20
12.
21
22
23
MISCELLANEOUS
a.
Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the court in the future.
b.
Right to Assert Other Objections. By stipulating to the entry of this
24
Protective Order no Party waives any right it otherwise would have to object to
25
disclosing or producing any information or item on any ground not addressed in
26
this Stipulated Protective Order. Similarly, no Party waives any right to object on
27
any ground to use in evidence of any of the material covered by this Protective
28
Order.
13
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
c.
1
Filing Protected Material. Without written permission from the
2
Designating Party or a court order secured after appropriate notice to all interested
3
persons, a Party may not file in the public record in this action any Protected
4
Material. A Party that seeks to file under seal any Protected Material must comply
5
with Civil Local Rule 79-5. Protected Material may only be filed under seal
6
pursuant to a court order authorizing the sealing of the specific Protected Material
7
at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a
8
request establishing that the Protected Material at issue is privileged, protectable as
9
a trade secret, or otherwise entitled to protection under the law. If a Receiving
10
Party's request to file Protected Material under seal pursuant to Civil Local Rule
11
79-5(d) is denied by the court, then the Receiving Party may file the information in
12
the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed
13
by the court.
14
13.
FINAL DISPOSITION
15
Within 60 days after the final disposition of this action, as defined in
16
paragraph 4, each Receiving Party must return all Protected Material to the
17
Producing Party or destroy such material. As used in this subdivision, “all Protected
18
Material” includes all copies, abstracts, compilations, summaries, and any other
19
format reproducing or capturing any of the Protected Material. Whether the
20
Protected Material is returned or destroyed, the Receiving Party must submit a
21
written certification to the Producing Party (and, if not the same person or entity,
22
to the Designating Party) by the 60 day deadline that (1) identifies (by category,
23
where appropriate) all the Protected Material that was returned or destroyed and
24
(2) affirms that the Receiving Party has not retained any copies, abstracts,
25
compilations, summaries or any other format reproducing or capturing any of the
26
Protected Material. Notwithstanding this provision, Counsel are entitled to retain
27
an archival copy of all pleadings, motion papers, trial, deposition, and hearing
28
transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
14
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
reports, attorney work product, and consultant and expert work product, even if
2
such materials contain Protected Material. Any such archival copies that contain or
3
constitute Protected Material remain subject to this Protective Order as set forth in
4
Section 4 (DURATION).
5
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
6
THE SPIVAK LAW FIRM
7
8
Dated: January 9, 2019
9
10
11
By___/s/ David Spivak______________________
DAVID SPIVAK
Attorney for Plaintiff, SHELLY
LOUANGAMATH and all others
similarly situated
12
OGLETREE, DEAKINS, NASH, SMOAK&
STEWART, P.C.
13
14
15
Dated: January 9, 2019
16
17
18
By___/s/ Jared L Palmer____________________
THOMAS M. MCINERNEY
JARED L. PALMER
Attorneys for Defendant, THE
SPECTRANETICS CORPORATION
19
ATTESTATION
20
21
22
Pursuant to Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
document has been obtained from each of the other signatories.
23
THE SPIVAK LAW FIRM
24
25
26
27
28
Dated: January 9, 2019
By___/s/ David Spivak______________________
DAVID SPIVAK
Attorney for Plaintiff, SHELLY
LOUANGAMATH and all others
similarly situated
15
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
PURSUANT TO STIPULATION, IT IS SO ORDERED.
2
3
January 10, 2019
DATED: ____________________
4
_________________________________
HON. JON S. TIGAR,
UNITED STATES DISTRICT JUDGE
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, _____________________________ [print or type full name], of
4
_________________ [print or type full address], declare under penalty of perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
was issued by the United States District Court for the Northern District of California
7
on ____________, 2018 in the case of Shelly Louangamath, et al. v. The
8
Spectranetics Corporation, et al., Case No. 4:18-cv-03634-JST. I agree to comply
9
with and to be bound by all the terms of this Stipulated Protective Order and I
10
understand and acknowledge that failure to so comply could expose me to sanctions
11
and punishment in the nature of contempt. I solemnly promise that I will not disclose
12
in any manner any information or item that is subject to this Stipulated Protective
13
Order to any person or entity except in strict compliance with the provisions of this
14
Order.
15
I further agree to submit to the jurisdiction of the United States District Court
16
for the Northern District of California for the purpose of enforcing the terms of this
17
Stipulated Protective Order, even if such enforcement proceedings occur after
18
termination of this action.
19
I hereby appoint __________________________ [print or type full name] of
20
_______________________________________ [print or type full address and
21
telephone number] as my California agent for service of process in connection with
22
this action or any proceedings related to enforcement of this Stipulated Protective
23
Order.
24
25
26
27
28
Date: ______________________________________
City and State where sworn and signed: _________________________________
Printed name: _______________________________
Signature: __________________________________
17
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
36920390.1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18
Louangamath v. Philips North America LLC,
et al.
Stipulation and Protective Order
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?