Ortiz v. Gate Gourmet, Inc. et al

Filing 39

STIPULATION AND ORDER re 38 STIPULATION WITH PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED) filed by Chris Novak, Gate Gourmet, Inc., Roberto Ortiz. Signed by Magistrate Judge Kandis A. Westmore on 10/17/13. (sisS, COURT STAFF) (Filed on 10/18/2013)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 CROWELL & MORING LLP S. Shane Sagheb (CSB No. 109878) Email: ssagheb@crowell.com 515 South Flower Street, 40th Floor Los Angeles, CA 90071 Telephone: (213) 622-4750 Facsimile: (213) 622-2690 Attorneys for Defendant Gate Gourmet, Inc. KLETTER LAW FIRM Cary Kletter (CSB No. 210230) Email: ckletter@kletterlaw.com Sally Trung Nguyen (CSB No. 267275) Email: snguyen@kletterlaw.com 1900 S. Norfolk Street, Suite 350 San Mateo, CA 94403 Telephone: (415) 434-3400 Attorneys for Plaintiff Roberto Ortiz EDWARD B. RASKIN (SBN 244936) SERAFINA RASKIN (SBN 244960) JOSHUA M. CAPLAN (SBN 245469) KASSINOVE & RASKIN LLP 2600 Michelson Drive, Suite 830 Irvine, California 92612 Tel (949) 529-5700 Fax (949) 529-5777 Attorneys for Defendant Chris Novak 18 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 OAKLAND DIVISION 22 ROBERTO ORTIZ, 23 24 25 26 Plaintiff, v. GATE GOURMET, INC., et al., Defendants. Case No. C 12-06455 KAW STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED) Assigned to the Hon. Kandis A. Westmore 27 28 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW 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 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless of 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 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or 25 items that it produces in disclosures or in responses to discovery as 26 “CONFIDENTIAL.” 27 28 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, 2 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW 1 among other things, testimony, transcripts, and tangible things), that are produced 2 or generated in disclosures or responses to discovery in this matter. 3 2.6 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 as 5 an expert witness or as a consultant in this action. 6 2.7 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 10 11 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.9 Outside Counsel of Record: attorneys who are not employees of a 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. 15 2.10 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 19 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 20 2.12 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. 24 25 26 27 28 2.13 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 3 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW 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 to 15 the Designating Party. Any use of Protected Material at trial shall be governed by a 16 separate agreement or order. Nothing contained herein shall in any way limit any 17 Party’s ability to use any evidence (including Protected Material) in any way at the 18 trial of this case, subject to any procedures of the Court that are designed to ensure 19 that Protected Material is not disclosed or used in a manner that is inconsistent with 20 the purpose of this Order. 21 4. 22 DURATION Even after final disposition of this litigation, the confidentiality obligations 23 imposed by this Order shall remain in effect until a Designating Party agrees 24 otherwise in writing or a court order otherwise directs. Final disposition shall be 25 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 26 or without prejudice; and (2) final judgment herein after the completion and 27 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 28 4 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW 1 including the time limits for filing any motions or applications for extension of time 2 pursuant to applicable law. 3 5. 4 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection under 6 this Order must take care to limit any such designation to specific material that 7 qualifies under the appropriate standards. The Designating Party must designate for 8 protection only those parts of material, documents, items, or oral or written 9 communications that qualify – so that other portions of the material, documents, 10 items, or communications for which protection is not warranted are not swept 11 unjustifiably within the ambit of this Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper 14 purpose (e.g., to unnecessarily encumber or retard the case development process or 15 to impose unnecessary expenses and burdens on other parties) expose the 16 Designating Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the mistaken designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in 21 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 23 under this Order must be clearly so designated before the material is disclosed or 24 produced. 25 26 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 27 documents, but excluding transcripts of depositions or other pretrial or trial 28 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each 5 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW 1 page that contains protected material. If only a portion or portions of the material on 2 a page qualifies for protection, the Producing Party also must clearly identify the 3 protected portion(s) (e.g., by making appropriate markings in the margins). A Party 4 or Non-Party that makes original documents or materials available for inspection 5 need not designate them for protection until after the inspecting Party has indicated 6 which material it would like copied and produced. During the inspection and 7 before the designation, all of the material made available for inspection shall be 8 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 9 documents it wants copied and produced, the Producing Party must determine 10 which documents, or portions thereof, qualify for protection under this Order. 11 Then, before producing the specified documents, the Producing Party must affix the 12 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a 13 portion or portions of the material on a page qualifies for protection, the Producing 14 Party also must clearly identify the protected portion(s) (e.g., by making 15 appropriate markings in the margins). (b) 16 for testimony given in deposition or in other pretrial or trial 17 proceedings, that the Designating Party identify on the record, before the close of 18 the deposition, hearing, or other proceeding, all protected testimony. (c) 19 for information produced in some form other than documentary 20 and for any other tangible items, that the Producing Party affix in a prominent place 21 on the exterior of the container or containers in which the information or item is 22 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 23 information or item warrant protection, the Producing Party, to the extent 24 practicable, shall identify the protected portion(s). 25 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 26 failure to designate qualified information or items does not, standing alone, waive 27 the Designating Party’s right to secure protection under this Order for such 28 material. Upon timely correction of a designation, the Receiving Party must make 6 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW 1 reasonable efforts to assure that the material is treated in accordance with the 2 provisions of this Order. 3 6. 4 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 5 designation of confidentiality at any time. Unless a prompt challenge to a 6 Designating Party’s confidentiality designation is necessary to avoid foreseeable, 7 substantial unfairness, unnecessary economic burdens, or a significant disruption or 8 delay of the litigation, a Party does not waive its right to challenge a confidentiality 9 designation by electing not to mount a challenge promptly after the original 10 11 designation is disclosed. 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 12 resolution process by providing written notice of each designation it is challenging 13 and describing the basis for each challenge. To avoid ambiguity as to whether a 14 challenge has been made, the written notice must recite that the challenge to 15 confidentiality is being made in accordance with this specific paragraph of the 16 Protective Order. The parties shall attempt to resolve each challenge in good faith 17 and must begin the process by conferring directly (in voice to voice dialogue; other 18 forms of communication are not sufficient) within 10 days of the date of service of 19 notice. In conferring, the Challenging Party must explain the basis for its belief that 20 the confidentiality designation was not proper and must give the Designating Party 21 an opportunity to review the designated material, to reconsider the circumstances, 22 and, if no change in designation is offered, to explain the basis for the chosen 23 designation. A Challenging Party may proceed to the next stage of the challenge 24 process only if it has engaged in this meet and confer process first or establishes 25 that the Designating Party is unwilling to participate in the meet and confer process 26 in a timely manner. 27 28 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, the Designating Party shall file and serve a motion to retain 7 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW 1 confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule 2 79-5, if applicable) within 21 days of the initial notice of challenge or within 14 3 days of the parties agreeing that the meet and confer process will not resolve their 4 dispute, whichever is earlier. Each such motion must be accompanied by a 5 competent declaration affirming that the movant has complied with the meet and 6 confer requirements imposed in the preceding paragraph. Failure by the 7 Designating Party to make such a motion including the required declaration within 8 21 days (or 14 days, if applicable) shall automatically waive the confidentiality 9 designation for each challenged designation. In addition, the Challenging Party 10 may file a motion challenging a confidentiality designation at any time if there is 11 good cause for doing so, including a challenge to the designation of a deposition 12 transcript or any portions thereof. Any motion brought pursuant to this provision 13 must be accompanied by a competent declaration affirming that the movant has 14 complied with the meet and confer requirements imposed by the preceding 15 paragraph. The burden of persuasion in any such challenge proceeding shall be on the 16 17 Designating Party. Frivolous challenges, and those made for an improper purpose 18 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 19 expose the Challenging Party to sanctions. Unless the Designating Party has waived 20 the confidentiality designation by failing to file a motion to retain confidentiality as 21 described above, all parties shall continue to afford the material in question the 22 level of protection to which it is entitled under the Producing Party’s designation 23 until the court rules on the challenge. 24 7. 25 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 26 disclosed or produced by another Party or by a Non-Party in connection with this 27 case only for prosecuting, defending, or attempting to settle this litigation. Such 28 Protected Material may be disclosed only to the categories of persons and under the 8 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW 1 conditions described in this Order. When the litigation has been terminated, a 2 Receiving Party must comply with the provisions of section 13 below (FINAL 3 DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a 4 5 location and in a secure manner that ensures that access is limited to the persons 6 authorized under this Order. 7.2 7 Disclosure of “CONFIDENTIAL” Information or Items. Unless 8 otherwise ordered by the court or permitted in writing by the Designating Party, a 9 Receiving Party may disclose any information or item designated 10 “CONFIDENTIAL” only to: 11 (a) the Receiving Party’s Outside Counsel of Record in this action, 12 as well as employees of said Outside Counsel of Record to whom it is reasonably 13 necessary to disclose the information for this litigation and who have signed the 14 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 15 A; 16 (b) the officers, directors, and employees (including House 17 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 18 litigation and who have signed the “Acknowledgment and Agreement to Be 19 Bound” (Exhibit A); 20 (c) Experts (as defined in this Order) of the Receiving Party to 21 whom disclosure is reasonably necessary for this litigation and who have signed the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (d) the court and its personnel; 24 (e) court reporters and their staff, professional jury or trial 25 consultants, mock jurors, and Professional Vendors to whom disclosure is 26 reasonably necessary for this litigation and who have signed the “Acknowledgment 27 and Agreement to Be Bound” (Exhibit A); 28 9 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW (f) 1 during their depositions, witnesses in the action to whom 2 disclosure is reasonably necessary and who have signed the “Acknowledgment and 3 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 4 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits 5 to depositions that reveal Protected Material must be separately bound by the court 6 reporter and may not be disclosed to anyone except as permitted under this 7 Stipulated Protective Order. 8 (g) 9 10 the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 11 IN OTHER LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation 13 that compels disclosure of any information or items designated in this action as 14 “CONFIDENTIAL,” that Party must: 15 16 17 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or 18 order to issue in the other litigation that some or all of the material covered by the 19 subpoena or order is subject to this Protective Order. Such notification shall 20 include a copy of this Stipulated Protective Order; and 21 22 23 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with 24 the subpoena or court order shall not produce any information designated in this 25 action as “CONFIDENTIAL” before a determination by the court from which the 26 subpoena or order issued, unless the Party has obtained the Designating Party’s 27 permission. The Designating Party shall bear the burden and expense of seeking 28 protection in that court of its confidential material – and nothing in these provisions 10 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW 1 should be construed as authorizing or encouraging a Receiving Party in this action 2 to disobey a lawful directive from another court. 3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 4 PRODUCED IN THIS LITIGATION 5 (a) The terms of this Order are applicable to information produced by a 6 Non-Party in this action and designated as “CONFIDENTIAL.” Such information 7 produced by Non-Parties in connection with this litigation is protected by the 8 remedies and relief provided by this Order. Nothing in these provisions should be 9 construed as prohibiting a Non-Party from seeking additional protections. 10 (b) In the event that a Party is required, by a valid discovery request, to 11 produce a Non-Party’s confidential information in its possession, and the Party is 12 subject to an agreement with the Non-Party not to produce the Non-Party’s 13 confidential information, then the Party shall: (1) 14 promptly notify in writing the Requesting Party and the 15 Non-Party that some or all of the information requested is 16 subject to a confidentiality agreement with a Non-Party; (2) 17 promptly provide the Non-Party with a copy of the 18 Stipulated Protective Order in this litigation, the relevant 19 discovery request(s), and a reasonably specific description 20 of the information requested; and (3) 21 by the Non-Party. 22 23 make the information requested available for inspection (c) If the Non-Party fails to object or seek a protective order from this 24 court within 14 days of receiving the notice and accompanying information, the 25 Receiving Party may produce the Non-Party’s confidential information responsive 26 to the discovery request. If the Non-Party timely seeks a protective order, the 27 Receiving Party shall not produce any information in its possession or control that 28 is subject to the confidentiality agreement with the Non-Party before a 11 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW 1 determination by the court. Absent a court order to the contrary, the Non-Party 2 shall bear the burden and expense of seeking protection in this court of its Protected 3 Material. 4 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 6 Protected Material to any person or in any circumstance not authorized under this 7 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 8 writing the Designating Party of the unauthorized disclosures, (b) use its best 9 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 10 person or persons to whom unauthorized disclosures were made of all the terms of 11 this Order, and (d) request such person or persons to execute the “Acknowledgment 12 and Agreement to Be Bound” that is attached hereto as Exhibit A. 13 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 14 PROTECTED MATERIAL 15 When a Producing Party gives notice to Receiving Parties that certain 16 inadvertently produced material is subject to a claim of privilege or other 17 protection, the obligations of the Receiving Parties are those set forth in Federal 18 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 19 whatever procedure may be established in an e-discovery order that provides for 20 production without prior privilege review. Pursuant to Federal Rule of Evidence 21 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 22 of a communication or information covered by the attorney-client privilege or work 23 product protection, the parties may incorporate their agreement in the stipulated 24 protective order submitted to the court. 25 12. 26 27 28 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 12 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW 12.2 Right to Assert Other Objections. By stipulating to the entry of this 1 2 Protective Order no Party waives any right it otherwise would have to object to 3 disclosing or producing any information or item on any ground not addressed in 4 this Stipulated Protective Order. Similarly, no Party waives any right to object on 5 any ground to use in evidence of any of the material covered by this Protective 6 Order. 7 12.3 Filing Protected Material. Without written permission from the 8 Designating Party or a court order secured after appropriate notice to all interested 9 persons, a Party may not file in the public record in this action any Protected 10 Material. A Party that seeks to file under seal any Protected Material must comply 11 with Civil Local Rule 79-5. Protected Material may only be filed under seal 12 pursuant to a court order authorizing the sealing of the specific Protected Material 13 at issue. Pursuant Civil Local Rule 79-5, a sealing order will issue only upon a 14 request establishing that the Protected Material at issue is privileged, protectable as 15 a trade secret, or otherwise entitled to protection under the law. If a Receiving 16 Party's request to file Protected Material under seal pursuant to Civil Local Rule 79- 17 5(d) is denied by the court, then the Receiving Party may file the information the 18 public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by 19 the court. 20 12.4 Advance Production of Protected Material. The Parties agree that to 21 expedite discovery herein, they may produce Protected Material in advance of the 22 Court’s approval of this Protective Order. With respect to any Protected Material 23 produced in advance of the Court’s approval of this Protective Order, the parties 24 shall be bound by the terms of this Stipulated Protective Order as if it had been 25 approved by the Court prior to such production. 26 13. FINAL DISPOSITION 27 Within 60 days after the final disposition of this action, as defined in 28 paragraph 4, each Receiving Party must return all Protected Material to the 13 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW 1 Producing Party or destroy such material. As used in this subdivision, “all 2 Protected Material” includes all copies, abstracts, compilations, summaries, and any 3 other format reproducing or capturing any of the Protected Material. Whether the 4 Protected Material is returned or destroyed, the Receiving Party must submit a 5 written certification to the Producing Party (and, if not the same person or entity, to 6 the Designating Party) by the 60 day deadline that (1) identifies (by category, where 7 appropriate) all the Protected Material that was returned or destroyed and (2) 8 affirms that the Receiving Party has not retained any copies, abstracts, 9 compilations, summaries or any other format reproducing or capturing any of the 10 Protected Material. Notwithstanding this provision, Counsel are entitled to retain 11 an archival copy of all pleadings, motion papers, trial, deposition, and hearing 12 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 13 reports, attorney work product, and consultant and expert work product, even if 14 such materials contain Protected Material. Any such archival copies that contain or 15 constitute Protected Material remain subject to this Protective Order as set forth in 16 Section 4 (DURATION). 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 14 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 Dated: October 14, 2013 4 CROWELL & MORING By 5 6 7 Dated: October 14, 2013 /s/ S. Shane Sagheb S. Shane Sagheb Attorneys for Defendant GATE GOURMET, INC. KASSINOVE & RASKIN LLP 8 By 9 10 11 Dated: October 14, 2013 /s/ Joshua M. Caplan Joshua M. Caplan Attorneys for Defendant CHRIS NOVAK KLETTER LAW FIRM 12 By 13 14 /s/ Cary Kletter Cary Kletter Attorneys for Plaintiff ROBERTO ORTIZ 15 16 PURSUANT TO STIPULATION, IT IS SO ORDERED. 17 18 19 17 DATED: October __, 2013 Hon. Kandis A. Westmore United States District/Magistrate Judge 20 21 22 23 24 25 26 27 28 15 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW 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 7 California on [date] in the case of Roberto Ortiz v. Gate Gourmet, Inc., et al., No. C 8 12-06455 KAW. I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order, and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item 12 that is subject to this Stipulated Protective Order to any person or entity except in 13 strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Northern District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ LAACTIVE-601275082.2 27 28 16 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION (MODIFIED): CASE NO. C 12-06455 KAW

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