Falk et al v. Nissan North America, Inc.

Filing 69

ORDER by Judge Haywood S. Gilliam, Jr. Granting 68 Administrative Motion. (ndrS, COURT STAFF) (Filed on 6/15/2018)

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MICHAEL J. STORTZ (SBN 139386)
[e-mail]
MARSHALL L. BAKER (SBN 300987)
[e-mail]
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, California 94105-2235
Telephone: [phone]
Facsimile:
415-591-7510
E. PAUL CAULEY, JR. (pro hac vice)
[e-mail]
DRINKER BIDDLE & REATH LLP
1717 Main Street, Suite 5400
Dallas, Texas 75201-7367
Telephone: [phone]
Facsimile:
469-327-0860
Attorneys for Defendant
NISSAN NORTH AMERICA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MICHELLE FALK, WALDO LEYVA,
INDHU JAYAVELU, PATRICIA L. CRUZ,
DANIELLE TROTTER, CYNTHIA
GARRISON, AND AMANDA MACRI,
individually and on behalf of all others
similarly situated,

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Plaintiffs,
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v.

Case No. 4:17-cv-04871-HSG
ORDER GRANTING
ADMINISTRATIVE MOTION
REGARDING THE PARTIES’
STIPULATED PROPOSED
PROTECTIVE ORDER (DKT. NOS. 63
AND 64); AND GRANTING THE
PARTIES’ STIPULATED
PROTECTIVE ORDER

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NISSAN NORTH AMERICA, INC.,

Civil Local Rule 7-11

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Defendant.

Judge:

Hon. Haywood S. Gilliam, Jr.

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DRINKER BIDDLE &
REATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

ORDER GRANTING ADMINISTRATIVE MOTION RE
THE PARTIES’ STIPULATED PROPOSED PROTECTIVE
ORDER

CASE NO. 4:17-CV-04871-HSG

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The Court, havin consider
C
ng
red Defenda
ant Nissan North Am
merica, Inc.’s (“NNA”)

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Ad
dministrative Motion Regarding th Parties’ S
e
R
he
Stipulated P
Proposed Pro
otective Ord (“NNA’s
der

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Ad
dministrative Motion”), the support
e
ting Stipulati of the P
ion
Parties and D
Declaration o Michael J.
of
J

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St
tortz, with Exhibits there for good cause appe
eto,
d
earing, hereb GRANTS NNA’s Ad
by
S
dministrative
e

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Motion.
M

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The Court further GRANTS the Parties’ Stipulated Proposed Pr
rotective Or
rder attached
d
he
ereto as Exhi A.
ibit
IT IS SO ORDER
S
RED.
Da 6/15/20
ate:
018
H
Haywood S. Gilliam, Jr.
U
United States District Ju
udge

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DRINKER BI
IDDLE &
REATH LLP
ATTORNEYS AT LAW
SAN FRAN
NCISCO

ORDER GRANTIN ADMINISTRA
R
NG
ATIVE MOTION RE
TH PARTIES’ STI
HE
IPULATED PROPOSED PROTEC
CTIVE
ORDER
R

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CA NO. 4:17-C -04871-HSG
ASE
CV
G

EXHIBIT A

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BRONSTEIN, GEWIRTZ & GROSSMAN
Shimon Yiftach, Esq. (SBN 277387)
[e-mail]
1925 Century Park East, Suite 1990
Los Angeles, CA 90067
T: [phone]
F: [phone]
Attorney for Plaintiffs
[Additional counsel appear on signature page]
MICHAEL J. STORTZ (SBN 139386)
[e-mail]
MARSHALL L. BAKER (SBN 300987)
[e-mail]
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, California 94105-2235
Telephone: [phone]
Facsimile:
415-591-7510
E. PAUL CAULEY (pro hac vice)
[e-mail]
DRINKER BIDDLE & REATH LLP
1717 Main Street, Suite 5400
Dallas, Texas 75201-7367
Telephone: [phone]
Facsimile:
469-327-0860
Attorneys for Defendant
NISSAN NORTH AMERICA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHELLE FALK, INDHU JAYAVELU,
PATRICIA L. CRUZ, DANIELLE TROTTER,
CYNTHIA GARRISON, AND AMANDA
MACRI, individually and on behalf of all
others similarly situated,

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Case No. 4:17-cv-04871-HSG
STIPULATED [PROPOSED]
PROTECTIVE ORDER REGARDING
CONFIDENTIAL DISCOVERY
MATERIAL

Plaintiffs,
Judge:

Hon. Haywood S. Gilliam

v.
NISSAN NORTH AMERICA, INC.,
Defendant.

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STIP. [PROPOSED] PROTECTIVE ORDER RE
CONFIDENTIAL DISCOVERY MATERIAL

CASE NO. 4:17-CV-04871-HSG

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As requested and agreed to by Plaintiffs Michelle Falk, Indhu Jayavelu, Patricia L. Cruz,

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Danielle Trotter, Cynthia Garrison, and Amanda Macri (“Plaintiffs”) and Defendant Nissan North

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America, Inc. (“NNA” or “Defendant”) (collectively, the “Parties”), the parties request that the

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Court issue this proposed Protective Order (the “Protective Order”) to facilitate document

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disclosure and production in the above-captioned action (referred to as the “Litigation”) under the

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Local Rules of Northern District of California and the Federal Rules of Civil Procedure. Unless

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modified pursuant to the terms contained in this Protective Order, this Protective Order shall

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apply to the Litigation and remain in effect through the conclusion of the Litigation.

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In support of this Protective Order, the parties state that:
1.

The Litigation concerns claims that model year 2013-2017 Nissan Sentra vehicles

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have an alleged transmission defect.

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proprietary and business information and/or trade secrets (“Confidential Information”) that bear

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significantly on the parties’ claims or defenses is likely to be disclosed or produced during the

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course of discovery in the Litigation;

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2.

Documents and/or information containing confidential

The parties to the Litigation may assert that public dissemination and disclosure of

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Confidential Information could severely injure or damage the party disclosing or producing the

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Confidential Information and could place that party at a competitive disadvantage;

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3.

Counsel for the party or parties receiving Confidential Information are presently

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without sufficient information to accept the representation(s) made by the party or parties

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producing Confidential Information as to the confidential, proprietary and/or trade secret nature

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of such Confidential Information; and

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4.

To protect the respective interests of the parties and to facilitate the progress of

disclosure and discovery in this Litigation, the following Protective Order should issue:

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IT IS THEREFORE STIPULATED THAT:

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1.

Documents, including photographs, drawings, films, videotapes or other writings,

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including lists or compilations thereof, answers to interrogatories, responses to other discovery

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requests and deposition testimony or discovery by any party in this Litigation that qualify for

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protection under Federal Rule of Civil Procedure 26(c) are referred to as “Confidential Material.”
STIP. [PROPOSED] PROTECTIVE ORDER RE
CONFIDENTIAL DISCOVERY MATERIAL

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CASE NO. 4:17-CV-04871-HSG

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Except as otherwise indicated below, all documents, including photographs, drawings, films,

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videotapes or other writings, including lists or compilations thereof, answers to interrogatories,

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responses to other discovery requests and deposition testimony designated by the producing party

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as “Confidential,” “Subject to Protective Order,” or any combination thereof, and which are

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disclosed or produced to the attorneys for the other parties to this Litigation are Confidential

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Material and are entitled to Confidential treatment as described below.

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2.

Each Party or Non-Party that designates information or items for protection under

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this Order must take care to limit any such designation to specific material that qualifies under the

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appropriate standards. The designating party must designate for protection only those documents,

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items, or oral or written communications that qualify – so that other portions of the material,

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documents, items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order. Mass, indiscriminate designations are prohibited.

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Designations that are shown to clearly have been made for an improper purpose (e.g., to

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unnecessarily encumber or retard the case development process or to impose unnecessary

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

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designating party’s attention that information or items that it designated for protection do not

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qualify for protection, that designating party must promptly notify all other Parties that it is

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withdrawing the mistaken designation.

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3.

Confidential Material shall not include (a) advertising materials, (b) materials that

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on their face show that they have been published to the general public, or (c) documents that have

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been submitted to any governmental entity without request for Confidential treatment.

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4.

All documents marked Confidential and identified as exhibits to the deposition are

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subject to this Order. All deposition testimony shall be treated as Confidential and subject to the

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full protection of this Order for forty-five (45) days following the deposition. After such time,

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only those portions of any transcript designated as “Confidential” by a designating party shall be

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deemed Confidential. To designate a portion of a transcript as “Confidential”, a party must

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provide written notice to all Parties and the stenographer identifying, by page and line number,

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the Confidential testimony.
STIP. [PROPOSED] PROTECTIVE ORDER RE
CONFIDENTIAL DISCOVERY MATERIAL

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CASE NO. 4:17-CV-04871-HSG

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5.

If at any time during the Litigation a party disputes the designation of discovery

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material as Confidential, the objecting party will notify the designating party in writing of such

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dispute, and request in writing a conference for the parties to confer in a good faith effort to

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resolve the dispute. It shall be the responsibility of counsel for the objecting party to arrange for

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this conference within fourteen (14) days of the request for a conference. The objecting party’s

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notice will identify the material in dispute and explain the basis for the objection. If no response

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is provided within fourteen (14) days of the objecting party’s request for a conference, then the

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Confidential Material in dispute will no longer be subject to Confidential treatment as provided in

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this Stipulated Protective Order.

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5.1

If the parties cannot resolve a challenge without court intervention, the designating

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party shall file and serve a motion to retain confidentiality under Civil Local Rule 7 (and in

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compliance with Civil Local Rule 79-5, if applicable) within 21 days of the initial notice of

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challenge or within 14 days of the parties agreeing that the meet and confer process will not

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resolve their dispute, whichever is earlier. Each such motion must be accompanied by a

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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 days (or 14 days, if applicable) shall

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automatically waive the confidentiality designation for each challenged designation. In addition,

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the objecting party may file a motion challenging a confidentiality designation at any time if there

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is good cause for doing so. Any motion brought pursuant to this provision must be accompanied

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

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requirements imposed by the preceding paragraph.

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5.2

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

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designating party. Frivolous challenges, and those made for an improper purpose (e.g., to harass

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or impose unnecessary expenses and burdens on other parties) may expose the objecting party to

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sanctions. Unless the designating party has waived the confidentiality designation by failing to

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

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material in question the level of protection to which it is entitled under the designating party’s
STIP. [PROPOSED] PROTECTIVE ORDER RE
CONFIDENTIAL DISCOVERY MATERIAL

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CASE NO. 4:17-CV-04871-HSG

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designation until the Court rules on the challenge.
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Confidential Treatment. Confidential Material and any information contained

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therein shall not be used or shown, disseminated, copied, or in any way communicated to anyone

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for any purpose whatsoever, except as provided below. Confidential Material may be copied only

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by the parties’ counsel in the Litigation or by personnel or outside vendors assisting such counsel

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and only for purposes permitted by this Protective Order, and control and distribution of

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Confidential Material and copies thereof will be the responsibility of such counsel, who will

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maintain all written assurances executed by such persons as provided in Paragraph 8.

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7.

Confidential Material and any information contained therein shall be disclosed

only to the following persons (“Qualified Persons”):

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a. The named parties, including the officers, directors, and employees (including

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House Counsel) of the parties to whom disclosure is reasonably necessary for the

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Litigation;

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b. counsel of record in the Litigation for the designating party or party receiving
Confidential Material or any information contained therein;
c. Employees of such counsel (excluding experts and investigators) assigned to and
necessary to assist such counsel in the preparation and trial of the Litigation;

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d. An independent contractor or expert retained by counsel to provide assistance,

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expert advice, technical consultation, language translation, or testimony in the

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Litigation and the employees of any such contractors, experts, consultants or

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similar persons when working in connection with the Litigation under direct

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supervision of said person;

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e. Court reporters transcribing depositions in the Litigation;

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f. Any witness at deposition (as contemplated by Paragraph 4), trial, or hearing in the

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Litigation;
g. The Court (including the Court’s administrative and clerical staff).

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Confidential Material shall not be disclosed to any other person or entity without the prior

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written consent of the designating party or order of the Court. Any disclosure shall be only to the
STIP. [PROPOSED] PROTECTIVE ORDER RE
CONFIDENTIAL DISCOVERY MATERIAL

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CASE NO. 4:17-CV-04871-HSG

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extent reasonably necessary for the effective prosecution and defense of the claims in the

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Litigation. Confidential Material and any information contained therein shall be used by the

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receiving party or parties solely for the prosecution of the Litigation and shall not be used by the

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receiving party or parties for any other purpose or in any other litigation.

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8.

Prior to the disclosure of any of the materials or information covered by this

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Protective Order to persons identified in paragraph 7 (d)-(f) of this Order, counsel disclosing the

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materials or information shall present the person with a copy of this Order. After reading the

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Order, such persons shall initial each page of a copy of the Order and shall sign the attached form

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of “Acknowledgment of Protective Order” (the “Acknowledgement”). Copies of each such signed

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Order and Acknowledgement shall be maintained by counsel disclosing the materials or

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information. In the event that any of these individuals are identified or designated as witnesses or

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as experts who may testify in the Litigation, a copy of each such signed Order and

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Acknowledgement shall be provided to opposing counsel at the time of the designation.

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9.

Counsel of record for the party or parties receiving Confidential Material may

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create an index of the Confidential Material and furnish it to attorneys of record representing or

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having represented parties involved in litigation involving the claims alleged in this suit against

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the party or parties disclosing or producing the Confidential Material. The index may only

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identify the document, date, author, and general subject matter of any Protected Document, but

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may not reveal the substance of any such document. Counsel for the party or parties receiving

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Confidential Material shall maintain a current log of the names and addresses of persons to whom

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the index was furnished.

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10.

The term “copy” as used herein means any photographic, mechanical or

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computerized copy or reproduction of any document or thing, or any verbatim transcript, in whole

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or in part, of such document or thing.

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11.

To the extent that Confidential Material or information contained therein are used

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in depositions, such documents or information shall remain subject to the provisions of this

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Protective Order.

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12.

Any court reporter or transcriber who reports or transcribes testimony in the

STIP. [PROPOSED] PROTECTIVE ORDER RE
CONFIDENTIAL DISCOVERY MATERIAL

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Litigation shall agree that all “Confidential” information designated as such under this Order shall

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remain “Confidential” and shall not be disclosed by them, except pursuant to the terms of this

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Protective Order, and that any notes or transcriptions of such testimony (and any accompanying

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exhibits) will be retained by the reporter or delivered to counsel of record.

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13.

Without written permission from the designating party or a court order secured

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after appropriate notice to all interested persons, a party may not file in the public record in this

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action any Confidential Material. A party that seeks to file under seal any Confidential Material

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

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

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

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the Confidential Material at issue is privileged, protectable as a trade secret, or otherwise entitled

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to protection under the law. If a party’s request to file Confidential Material under seal pursuant

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to Civil Local Rule 79-5(d) is denied by the Court, then the party may file the information in the

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

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14.

Inadvertent or unintentional production of documents or information containing

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Confidential Information that are not designated “Confidential” shall not be deemed a waiver, in

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whole or in part, of a claim for Confidential treatment.

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15.

Documents unintentionally produced without designation as “Confidential” at any

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time during the Litigation may be retroactively designated by notice in writing of the designated

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classification applicable to each document by Bates number, and by providing replacement copies

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of such documents with the appropriate designation, unless such documents have already been

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filed with the Court. Upon receipt of the replacement documents, the receiving party shall

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thereafter return the documents being replaced to the producing party. Such documents shall be

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treated as “Confidential” from the date written notice of the designation is provided to the

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receiving party. A person disclosing any materials that are subsequently designated as

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“Confidential” shall in good faith assist the party making the supplemental designation in

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retrieving such materials from all recipients not entitled to such materials under the terms of this

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Protective Order and to prevent further disclosures except as authorized under the terms of this
STIP. [PROPOSED] PROTECTIVE ORDER RE
CONFIDENTIAL DISCOVERY MATERIAL

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CASE NO. 4:17-CV-04871-HSG

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Protective Order. Documents to be inspected shall be treated as “Confidential” during inspection.

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At the time of copying for the receiving parties, such inspected documents shall be stamped

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prominently “Confidential” by the producing party.

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16.

Pursuant to Federal Rule of Evidence 502(d) the production of a privileged or

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work-product-protected document, whether inadvertent or otherwise, is not a waiver of privilege

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or protection from discovery in this case or in any other federal or state proceeding. Said

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protection exists with respect to such document or other documents or communications, written

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or oral, including, without limitation, other communications referred to in the documents

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produced. Upon request, such inadvertently produced documents, and all copies thereof, shall be

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sent to the producing party, sequestered or destroyed within five (5) days of the date of the

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request, unless such documents have already been filed with the Court. Furthermore, a party’s

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production shall not be deemed a waiver of any party’s right to object for any reason to the

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admission of any document or thing into evidence, nor shall the production be deemed an

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admission of its admissibility or relevance. Nothing in this Paragraph shall prejudice the right of

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any party to seek discovery or communications, documents and things as to which a claim of

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attorney-client privilege or attorney work-product has been made.

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17.

The party or parties receiving Confidential Material shall not under any

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circumstances sell, offer for sale, advertise, or publicize Confidential Material or any information

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contained therein.

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18.

If any party receives a subpoena from any non-party to this Protective Order

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seeking production or disclosure of Confidential Material, the subpoenaed party shall give notice,

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as soon as practicable and in no event more than three (3) business days after receiving the

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subpoena and at least seven (7) business days before providing materials responsive to the

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subpoena, to counsel for the designating party, which notice will enclose a copy of the subpoena,

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such that the designating party may assert its rights, if any, to non-disclosure.

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19.

Any documents produced by a non-party witness in discovery in the Litigation

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pursuant to subpoena or otherwise may be designated by such non-party as “Confidential” under

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the terms of this Order, and such designation shall have the same force and effect, and create the
STIP. [PROPOSED] PROTECTIVE ORDER RE
CONFIDENTIAL DISCOVERY MATERIAL

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CASE NO. 4:17-CV-04871-HSG

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same duties, obligations, and remedies as if made by one of the parties hereto.
20.

After termination of the Litigation, the provisions of this Protective Order shall

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continue to be binding, except with respect to those documents and information that become a

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matter of public record. This Court retains and shall have continuing jurisdiction over the parties

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and recipients of the Confidential Material for enforcement of the provisions of this Protective

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Order following termination of the Litigation.

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21.

Within thirty (30) days of termination of the Litigation by dismissal, judgment, or

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settlement, including any appeals, counsel for the party or parties receiving Confidential Material

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shall return the Confidential Material, including all copies to counsel for the party or parties

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disclosing or producing the Confidential Material or alternatively, the parties shall provide

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certification under oath under penalty of perjury under the laws of the United States of America

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confirming that counsel have destroyed all documents within their possession, custody or control.

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The party or parties receiving Confidential Material shall undertake reasonable and good faith

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efforts to ensure that any person to whom they provided copies of any Confidential Information

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complies with this obligation. This provision will not apply to court filings or file copies of

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pleadings, briefs or correspondence or other work product maintained by the parties’ respective

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counsel in the ordinary course of business.

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22.

This Protective Order shall be binding on any party to this Protective Order or any

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person having executed the attached Exhibit A. This Protective Order also shall be binding upon

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the parties and their attorneys, successors, executors, personal representatives, administrators,

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heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent

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contractors, or other persons or organizations over which they have control.

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If other parties are added to the Litigation, no Confidential Material previously

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exchanged, produced, or used herein will be disclosed to such other parties or their counsel except

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upon their agreeing to be bound by the provisions of this Protective Order. This provision does

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not prejudice any party’s rights to otherwise object to the production or disclosure of Confidential

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Material or non-confidential documents or other information to a party added to the Litigation.

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24.

This Protective Order is without prejudice to the right of any party to move the

STIP. [PROPOSED] PROTECTIVE ORDER RE
CONFIDENTIAL DISCOVERY MATERIAL

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CASE NO. 4:17-CV-04871-HSG

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Court for an order for good cause shown for protection of Confidential Material sought by or

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produced through discovery, which protection is different from or in addition to that provided for

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in this Protective Order, and such right is expressly reserved.

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IT IS SO STIPULATED.

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Dated: May 24, 2018

DRINKER BIDDLE & REATH LLP

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By: /s/ Michael J. Stortz
Michael J. Stortz
Marshall L. Baker
E. Paul Cauley, Jr. (pro hac vice)

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Attorneys for Defendant
NISSAN NORTH AMERICA, INC.

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Dated: May 24, 2018

BRONSTEIN GEWIRTZ & GROSSMAN

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By: /s/ Shimon Yiftach
Shimon Yiftach

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Gary E. Mason*
Jennifer S. Goldstein
WHITFIELD BRYSON & MASON, LLP
5101 Wisconsin Ave., NW
Suite 305
Washington, D.C. 20016
T: [phone]
F: [phone]
[e-mail]
[e-mail]

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Lawrence Deutsch*
Jeffrey Osterwise*
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
T: [phone]
F: [phone]
[e-mail]
[e-mail]

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Jordan L. Lurie
Tarek H. Zohdy
Cody R. Padgett
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, California 90067

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STIP. [PROPOSED] PROTECTIVE ORDER RE
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CASE NO. 4:17-CV-04871-HSG

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T: [phone]
F: [phone]
[e-mail]
[e-mail]
[e-mail]

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Nicholas A. Migliaccio*
Jason S. Rathod*
MIGLIACCIO & RATHOD, LLP
412 H Street N.E., Ste. 302
Washington, DC 20002
T: [phone]
F: (202 800-2730
[e-mail]
[e-mail]

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Gary S. Graifman, Esq.*
Jay I. Brody, Esq.**
KANTROWITZ GOLDHAMER
& GRAIFMAN, P.C.
747 Chestnut Ridge Road, Suite 200
Chestnut Ridge, New York 10977
T: [phone]
F: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs
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* Admitted pro hac vice.
** Pro hac vice to be filed

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Attestation Pursuant to Civil Local Rule 5-1(i)

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Pursuant to Civil Local Rule 5-1(i), I, Michael J. Stortz, hereby attest that I have obtained
concurrence in the filing of this document from the other signatory to this document.

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I declare under penalty of perjury under the laws of the United States of America that the

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foregoing is true and correct. Executed this 24th day of May, 2018 in San Francisco, California.

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By: /s/ Michael J. Stortz
Michael J. Stortz

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PURSUANT TO STIPULATION, IT SO ORDERED.

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DATED: __, 2018
Hon. Haywood S. Gilliam
U.S. District Judge

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STIP. [PROPOSED] PROTECTIVE ORDER RE
CONFIDENTIAL DISCOVERY MATERIAL

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CASE NO. 4:17-CV-04871-HSG

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHELLE FALK, INDHU JAYAVELU,
PATRICIA L. CRUZ, DANIELLE TROTTER,
CYNTHIA GARRISON, AND AMANDA
MACRI, individually and on behalf of all
others similarly situated,

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Plaintiffs,

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Case No. 4:17-cv-04871-HSG

STIPULATED [PROPOSED]
PROTECTIVE ORDER REGARDING
CONFIDENTIAL DISCOVERY
MATERIAL

v.
Judge:

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Hon. Haywood S. Gilliam

NISSAN NORTH AMERICA, INC.,

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Defendant.

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ACKNOWLEDGMENT OF PROTECTIVE ORDER ENTERED IN THE UNITED
STATES DISTRICT COURT – NORTHERN DISTRICT OF CALIFORNIA
I hereby acknowledge that I have read the Stipulated Protective Order Regarding

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Confidential Discovery Material (“Protective Order”) entered in Falk, et al. v. Nissan North

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America, Inc., Case No. 4:17-cv-04871-HSG, understand its terms, agree to be bound by each of

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those terms, and agree to submit myself to the jurisdiction of the United States District Court for

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the Northern District of California for the purposes of enforcing the terms of the Protective Order.

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Specifically and without limitation upon such terms, I further agree that I will not disseminate,

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use or disclose any Confidential Material protected by the Protective Order that I have received

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and/or reviewed in this case to anyone other than the Qualified Persons defined in Paragraph 7 of

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the Protective Order.

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Dated: ___ day of ________________, 20___.

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Signature

Printed Name

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ACKNOWLEDGMENT OF PROTECTIVE ORDER

CASE NO. 4:17-CV-04871-HSG