Dodd-Owens et al v. Kyphon, Inc.

Filing 155

STIPULATED PROTECTIVE ORDER (MODIFIED BY THE COURT). Signed by Magistrate Judge Howard R. Lloyd on 10/27/2008. (hrllc2, COURT STAFF) (Filed on 10/27/2008)

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2 3 4 5 6 7 8 9 1 10 11 AFRONIA DODD-OWENS, et al., etc., P 12 v 13 14 YPHON INC., 15 Defendant. 16 17 18 29 20 21 22 23 24 25 26 27 8 DLA P I P E R S U S LLP 1 AN F RANCI SCO E-FILED 10/27/2008* NITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA S SAN JOSE DIVISION [ ASE NO. CV 06 03988 JF O XXXXXXX XPROPOSED] STIPULATED PROTECTIVE X RDER laint iff, 1 K . (MODIFIED BY THE COURT) C . PURPOSES AND LIMITATIONS 1.1 Disclosure and discovery act ivit y in this action are likely to involve production of d confident ial, proprietary, or private information for which special protection from public A sclosure and fro m use for any purpose other than prosecuting this litigation would be warranted. i ccordingly, the parties hereby st ipulate to and petition the Court to enter the following Protective Order. The parties acknowledge that this Protective Order does not confer blanket o protections on all disclosures or responses to discovery and that the protection it affords extends nly to the limited information or items that are entitled under the applicable legal principles to treatment as confident ial. The parties further acknowledge, as set forth in Section 13, below, that his Protective Order creates no entitlement to file confident ial information under seal. * 1- [ PROPOSED] XXXXXXXXX STIPULATED PROTECTIVE ORDER Dodd-Owens v. Kyphon ­ Case No. CV 06 03988 JF U 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 26 27 8 DLA P I P E R S U S LLP 1 AN F RANCI SCO . DEFINITIONS 2.1 "Party" or "Parties" ­ The parties to the above-captioned act ion. "Discovery Material" ­ All items or information, regardless of the medium or m .2 anner generated, stored, or maintained (including, among other things, testimony, transcripts, or m tangible things) that are produced or generated in disclosures or responses to discovery in this atter. 2 .3 "Confidential Information" ­ Discovery Material designated as i "CONFIDENTIAL" pursuant to Sections 6 and/or 7, which the Designating Party reasonably and n good faith believes is sensitive and qualifies for protection under standards developed under Fed. R. 2 iv. P. 26(c). C .4 "Highly Confidential Information" ­ Discovery Material designated as "HIGHLY CONFIDENTIAL" pursuant to Sections 6 and/or 7, which the Designating Party reasonably and i n d good faith believes to be Confident ial Information which is ent it led to further protection fro m Cisclosure by the fundamental right of privacy of individuals under the California or United States onst itutions, and whose disclosure would create substantial risk of serious injury that could not be avoided by less restrict ive means. 2 .5 "Protected Material" ­ Any Discovery Material that is designated as Confidential or Highly Confidential Information. p 2.6 "Receiving Party" ­ A Person, as defined below, that receives Discovery Material roduced or disclo sed in this action. i 2.7 "Producing Party" ­ A Person, as defined below, that produces Discovery Material n this a2 t ion. c .8 "Designating Party" ­ A Person, as defined below, that designates Discovery Material as Protected Material. 2.9 "Disclosing Counsel" ­ A party's attorney that discloses Discovery Material to another Person. r 2.10 "Outside Counsel" ­ Attorneys who are not emplo yees of a Party but who are etained to represent or advise a Party in this action. 2- [ P XX O X D] XROPXSEXXSTIPULATED PROTECTIVE ORDER Dodd-Owens v. Kyphon ­ Case No. CV 06 03988 JF 2 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 26 27 8 DLA P I P E R S U S LLP 1 AN F RANCI SCO 2.11 t .12 "House Counsel" ­ Attorneys who are employees of a Party. "Counsel" (without qualifier) ­ Outside Counsel and House Counsel (as well as heir support staffs). 2 p .13 "Expert" ­ A person with specialized knowledge or experience in a matter w rtinent to the litigation who has been retained by a Party or its counsel to serve as an expert e c itness or as a consultant in this action. This definit io n includes a professional jury or trial onsultant retained in connection wit h this lit igation. 2 .14 "Professional Vendors" ­ Persons, as defined below, that provide lit igation support o services (e.g., photocopying; videotaping; translat ing; preparing exhibit s or demonstrations; s rganizing, storing, retrieving data in any form or medium) and their employees and ubcont2actors. r .15 "Person" or "Persons" ­ Includes a natural person, firm, associat ion, organization, partnership, business trust, corporation, limited liability co mpany, or public entity. 3. i SCOPE 3.1 This Protective Order shall cover not only Protected Material, but also any cnformat ion copied or extracted therefrom, as well as all copies, excerpts, summaries, or i ompilat ions thereof, plus testimony, conversat ions, or presentations by Part ies or Counsel to or n court3or in other settings that might reveal Protected Material. .2 This Protective Order shall apply to the Parties and any nonparty fro m whom discovery is sought and who desires the protection of the Protective Order. 4. DURATION 4.1 Even after the termination of this litigation, the confidentiality obligat ions imposed w by this Protective Order shall remain in effect until a Designat ing Party agrees otherwise in 5 riting or a court order otherwise directs. For a period of six months after the final termination of this action, this court shall retain jurisdiction to enforce the terms of this order. . MODIFICATION 5.1 This Protective Order is subject to revocation or modification by the Court upon written stipulation of the Parties or upon motion pursuant to the Local Rules of the Court. X 3- [ PROPXSEDXSTIPULATED PROTECTIVE ORDER XX O XX ] Dodd-Owens v. Kyphon ­ Case No. CV 06 03988 JF 2 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 26 27 8 DLA P I P E R S U S LLP 1 AN F RANCI SCO . C DESIGNATION 6.1 Any Producing or Receiving Party may designate Discovery Material as monfident ial or Highly Confidential Informat ion by (1) providing a copy of the document, aterial or information so designated stamped with the legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL, or (2) furnishing a separate written notice to the undersigned counsel at the time of its production or as soon thereafter as practicable specifically identifying the document(s), material(s) or informat ion to be so designated. If only a portion or portions of the Discovery Material qualifies for protection, the Designating Party must clearly identify the protected portion(s). (e.g. by making appropriate markings in the margins). 6 .2 Each Person that designates information or items for protection under this Protective Order must take care to limit any such designation to specific material that qualifies u onder the appropriate standards. A Designat ing Party must take care to designate for protection t nly those parts of material, documents, items, or oral or written communications that qualify so hat other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably wit hin the ambit of this Protective Order. 6 d .3 If it comes to a Designat ing Party's attention that informat ion or items that it esignated for protection do not qualify for protection at all, or do not qualify for the level of protection initially asserted, that Designat ing Party must promptly notify the other Parties that it is w ithdrawing the mistaken designation. 7. t DEPOSITION, PRETRIAL AND TRIAL PROCEDURES 7.1 Any Person may designate testimony provided in a deposition or in any pretrial or p ial proceeding by identifying on the record, before the close of the deposition or pretrial or trial r roceed7ng, the testimo ny that qualifies as Confident ial or Highly Confidential Informat ion. i e .2 When it is impract ical to ident ify separately each portion of the testimo ny that is nt it led to protection or when it appears that substant ial portions of the testimo ny may qualify for c protection, a Person may invoke on the record (before the deposit ion or other testimony is doncluded) a right to have up to twenty days from the date the transcript becomes available to esignate specific portions of the testimony as constituting Confident ial or Highly Confidential 4- [ PXX OSED] XROPXXXXSTIPULATED PROTECTIVE ORDER Dodd-Owens v. Kyphon ­ Case No. CV 06 03988 JF 6 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 26 27 8 DLA P I P E R S U S LLP 1 AN F RANCI SCO nformat ion. Until the designation is made or twenty days from the date on which the transcript is available, whichever occurs first, the ent ire transcript will be treated as Highly Confidential Informat ion. 7 .3 Transcript pages containing Protected Material must be separately bound by the C court reporter, who must stamp each page as "CONFIDENTIAL" or "HIGHLY 8 ONFIDENTIAL," as instructed by the Designating Party. . 8 INADVERTENT FAILURE TO DESIGNATE .1 Inadvertent production of or failure to designate any Discovery Material as c Confident ial or Highly Confidential Informat ion shall not be deemed a waiver of the claim o f onfident ialit y as to such informat ion. A Producing or Receiving Party that inadvertently produces or fails to designate Discovery Material pursuant to this Protective Order may thereafter make a designat ion by serving notice thereof in writ ing, accompanied by substitute copies of each i tem, appropriately designated, within ten business days of discovery that the information, documents or things were not properly designated. Those individuals who reviewed the informat ion, documents or things prior to the notice of misdesignation or failure to designate shall r eturn to Outside Counsel for the Designat ing Party or destroy and certify destruction of all copies of the misdesignated information, documents or things within ten business days after receipt of such notification. 9. c CHALLENGES TO DESIGNATIONS 9.1 Timing of Challenges. Unless a prompt challenge to a Designating Party's onfident ialit y designation is necessary to avoid foreseeable substantial unfairness, unnecessary economic burdens, or a later significant disrupt ion or delay of the litigation, a Party does not waive its right to challenge a confidentialit y designation by electing not to mount a challenge p romptl9 after the original designat ion is disclosed. y .2 Meet and Confer. A Party that elects to init iate a challenge to a Designating Party's designation must do so in good faith and must begin the process by conferring directly b with Counsel for the Designat ing Party. In conferring, the challenging party must explain the asis for its belief that the confident ialit y designation was not proper and must give the -X 5- [ PXOPOXXXSTIPULATED PROTECTIVE ORDER R XX SED] Dodd-Owens v. Kyphon ­ Case No. CV 06 03988 JF I 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 26 27 8 DLA P I P E R S U S LLP 1 AN F RANCI SCO esignat ing Party an opportunity to review the designated material, to reconsider the circumstances, and, if no change in designat ion is offered, to explain the basis for the chosen h designation. A challenging party may proceed to the next stage of the challenge process only if it as engaged in this meet and confer process first. 9 .3 Judicial Intervention. A Party that elects to press a challenge to a confidentiality designation after considering the justificat ion offered by the Designating Party may file and serve t a motion under Civil Local Rule 7 that ident ifies the challenged material and sets forth in detail the basis for the challenge. Each such motion must be acco mpanied by a competent declaration hat affirms that the movant has co mplied with the meet and confer requirements imposed in the d preceding paragraph and that sets forth with specificity the justification for the confident ialit y esignation that was given by the Designat ing Party in the meet and confer dialogue. 9.4 The burden of persuasion in any such challenge proceeding shall be on the Designat ing Party. Until the Court rules on the challenge, all Receiving Parties shall continue to P afford the material in quest ion the level of protection to which it is entitled under the Designat ing arty's designation. 10. ACCESS TO AND USE OF PROTECTED MATERIAL 10.1 Any Person obtaining access to Protected Material that is disclosed or produced by another Person in connection with this case shall only use such Discovery Material for prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be O disclosed only to the categories of Persons and under the condit ions described in this Protective rder. When the litigation has been terminated, all Receiving Parties must comply wit h the provisio ns of Sect ion 14. 10.2 Protected Material must be stored and maintained by a Receiving Party at a t locat ion and in a secure manner that ensures that access is limited to the Persons authorized under his Protective Order. 1 0.3 Disclosure of Confidential Informat ion. Unless otherwise ordered by the Court or permitted in writ ing by the Designating Party, Disclosing Counsel may disclo se Discovery Material designated as Confidential Information only to: -X 6- [ XX P XXX PROXOSED] STIPULATED PROTECTIVE ORDER Dodd-Owens v. Kyphon ­ Case No. CV 06 03988 JF D 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 26 27 8 DLA P I P E R S U S LLP 1 AN F RANCI SCO (a) n b) Their emplo yees; Professional lit igat ion-support vendors to whom disclosure is reasonably ecessary for this litigation; (c) The named Plaintiffs and the Defendant (including Defendant's House Counsel, officers, directors, and emplo yees, if disclosure to such individuals is reasonably necessary for this litigation); (d) (e) r f) ecording testimony; (g) w (h) The Court and members of its staff; Subject to Section 10.6, witnesses and deponents testifying under oath, The author of the document or the original source of the informat ion; Any mediator(s) chosen by the part ies; Court reporters or videographers, for the purpose of transcribing or here examining counsel has a good faith basis fo r believing that the witness or deponent has informat ion or testimo ny pertinent to the Confidential Information, who have signed the Acknowledgement And Agreement To Be Bound By Protective Order (Exhibit A); and n (i) Subject to Section 10.5, Experts to whom disclo sure is reasonably ecessary for this litigation and who have signed the Acknowledgement And Agreement To Be Bound By Protective Order (Exhibit A). 10.4 Disclosure of Highly Confident ial Information or Items. Unless otherwise ordered D by the Court or permitted in writing by the Designating Party, Disclosing Counsel may disclose iscovery Material designated as Highly Confidential Informat ion only to: ( (a) n b) Their emplo yees; Professional lit igat ion-support vendors to whom disclosure is reasonably ecessary for this litigation; (c) House Counsel to Defendant and any officer, director, managing agent or emplo yee of Defendant t if disclosure to such individuals is reasonably necessary for this lit igat ion ; (d) Any mediator(s) chosen by the part ies; -X 7- [ PXOPOSED] STIPULATED PROTECTIVE ORDER R XXXXX Dodd-Owens v. Kyphon ­ Case No. CV 06 03988 JF ( 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 26 27 8 DLA P I P E R S U S LLP 1 AN F RANCI SCO r e) ecording testimony; (f) Court reporters or videographers, for the purpose of transcribing or The Court and members of its staff; Subject to Section 10.6, witnesses and deponents testifying under oath, w (g) here examining counsel has a good faith basis fo r believing that the witness or deponent has A informat ion or testimo ny pertinent to the Highly Confidential Informat ion, who have signed the cknowledgement And Agreement To Be Bound By Protective Order (Exhibit A); and n (h) Subject to Section 10.5, Experts to whom disclo sure is reasonably ecessary for this litigation and who have signed the Acknowledgement And Agreement To Be Bound By Protective Order (Exhibit A). (i) Disclosing counsel may disclose the data contained in Discovery Material designated as Highly Confidential Informat ion, if reasonably necessary for this lit igat ion, to the n i amed Plaintiffs. Disclosing counsel may not disclose any identifiable informat ion, or any nformat ion that would permit the named Plaint iffs to associate the data with any particular individual. 1 s 0.5 If Plaint iffs retain an Expert who is current ly employed by or retained as a Ptrategic, business or legal consultant by any entity that is current ly a competitor of Defendant, laint iffs will provide written notice to Defendant's Outside Counsel of their intention to disclose If, after good faith meet/confer negotiations, the parties are unable to resolve any disclosure dispute to such Expert any Protected Material. Defendant shall then have an opportunit y to challenge the ^ disclosure of such Protected Material to the Expert by filing a motion wit h the Court within Defendant has the burden of proving that the risk of harm outweighs plaintiffs' need for disclosure. twenty-one days of receiving such written notice. ======ef==dant ====i=ed such==motion,=== Once D = en=== has f l ===== a ===== ^ Pending resolution of any such dispute, Plaint iffs shall be prohibited fro m disclosing any Protected Material to such Expert without an ^ f order of the Court or the written consent of Defendant's Outside Counsel. If Defendant fails to Me such a motion within the twent y-one day perio d, then Plaint iffs may disclo se the Protected il aterial to that Expert provided that such Expert signs the Acknowledgement And Agreement To Be Bound By Protective Order (Exhibit A). 1 0.6 Disclosing Counsel may not disclose Protected Material to a witness or a deponent pursuant to Sections 10.3(h) or 10.4(h) at a depositio n without providing five days notice to the 8- [ XPRXXXXD] STIPULATED PROTECTIVE ORDER X OPOSE X Dodd-Owens v. Kyphon ­ Case No. CV 06 03988 JF ( 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 26 27 8 DLA P I P E R S U S LLP 1 AN F RANCI SCO t esignat ing Party of its intent to make such a disclosure. The Designat ing Party will then have swo days after receipt of notice to inform the Disclosing Party if it objects to that disclosure and if D ch objection is made, the deposition will not proceed regarding the Protected Material until the u esignat ing Party has an opportunit y to have the matter heard by the Court. 1 0.7 Nothing herein shall impose any restrict ion on the use or disclosure by a Party of its own Discovery Material, including Protected Material, for the purpose of and in connection with this action. 1 p 0.8 Any copies or reproduction, excerpts, summaries or other documents or media that araphrase, excerpt or contain Protected Material shall be treated as the Protected Material it paraphrases, excerpts or contains. 10.9 The Parties shall serve a copy of this Protective Order simultaneously with any discovery request made to a nonparty in this act ion. 1 1. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 11.1 If a Receiving Party is served with a subpoena or an order issued in other lit igat ion t h Mat would compel disclosure of any informat ion or items designated in this act ion as Protected aterial, the Receiving Party must so notify the Designating Party in writing (by fax, if possible) immediately and in no event more than three court days after receiving the subpoena or order. S uch notification must include a copy of the subpoena or court order. c 11.2 The Receiving Party also must immediately inform in writing the Person who aused the subpoena or order to issue in the other lit igat ion that some or all the material covered by the subpoena or order is the subject of this Protective Order. In addit ion, the Receiving Party must deliver a copy of this Protective Order promptly to the Person in the other action that caused the subpoena or order to issue. e 11.3 The purpose of imposing these dut ies is to alert the interested parties to the xistence of this Protective Order and to afford the Designating Party an opportunit y to protect its P confident ialit y interests in the court from which the subpoena or order issued. The Designating arty shall bear the burden and the expense of seeking protection in that court of its Protected X 9- [ PROPXXX ] STIPULATED PROTECTIVE ORDER XX OSED Dodd-Owens v. Kyphon ­ Case No. CV 06 03988 JF D 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 26 27 8 DLA P I P E R S U S LLP 1 AN F RANCI SCO aterial and nothing in these provisions should be construed as authorizing or encouraging a 1 Receiving Party in this action to disobey a lawful directive fro m another court. 2. d UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12.1 If a Disclosing Counsel learns that, by inadvertence or otherwise, he or she has isclosed Protected Material to any Person or in any circumstance not authorized under this w Protective Order, that Disclosing Counsel must immediately (a) notify the Designat ing Party in riting of the unauthorized disclosures; (b) use his or her best efforts to retrieve all copies of the Protected Material, including any copies or reproduction, excerpts, summaries or other documents P or media that paraphrase, excerpt or contain the Protected Material; (c) inform the Person or a ersons to whom unauthorized disclosures were made of all the terms of this Protective Order; n B d (d) request such Person or Persons to execute the Acknowledgement And Agreement To Be ound By Protective Order (Exhibit A). 13. FILING PROTECTED MATERIAL 13.1 Any Person seeking to file Protected Material wit h the Court, or to refer to such materials in their papers to the Court, shall co mply with the procedures set forth in Civil Local R d ule 79-5, including Civil Local Rules 79-5(d), providing for the conditional sealing of ocuments pending a court ruling regarding a motion to seal. 14. 1 FINAL DISPOSITION 4.1 Unless otherwise ordered or agreed in writing by the Producing Party, within sixty and with the exception of materials received in evidence or filed with the court, M days after the final terminat ion of this action, each Receiving Party must return all Protected ^ c aterial to the Producing Party. As used in this subdivision, "all Protected Material" includes all opies, abstracts, compilat ions, summaries or any other form o f reproducing or capturing any of P the Protected Material. With permissio n in writ ing from the Designating Party, the Receiving Party may destroy some or all o f the Protected Material instead of returning it. Whether the c rotected Material is returned or destroyed, the Receiving Party must submit a written s ertification to the Producing Party (and, if not the same Person, to the Designating Party) by the wxt y-day deadline that identifies (by category, where appropriate) all the Protected Material that i as returned or destroyed and that affirms that -the Receiving Party has not retained any copies, 10- [ PXX OSED] XROPXXXXSTIPULATED PROTECTIVE ORDER Dodd-Owens v. Kyphon ­ Case No. CV 06 03988 JF M 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 26 27 8 DLA P I P E R S U S LLP 1 AN F RANCI SCO Pbstracts, compilations, summaries or other forms of reproducing or capturing any of the c rotected Material. Notwithstanding this provision, Counsel are ent it led to retain an archival opy of all pleadings, motion papers, transcripts, legal memoranda, correspondence or attorney work product, even if such materials contain Protected Material. Any such archival copies that S contain or constitute Protected Material remain subject to this Protective Order as set forth in ection 4. 15. P MISCELLANEOUS 15.1 Right to Further Relief. Nothing in this Protective Order abridges the right of any arty to1seek its modificat ion by the Court in the future. O 5.2 Right to Assert Other Objections. By st ipulat ing to the entry of this Protective i rder, no Party waives any right it otherwise would have to object to disclosing or producing any nformat ion or item on any ground not addressed in this Protective Order. Similarly, no Party waives any right to object on any ground to use in evidence of any o f the material covered by this Protective Order. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. [signatures on next page] 11- [ PR XX S XX XXOPOXED] STIPULATED PROTECTIVE ORDER Dodd-Owens v. Kyphon ­ Case No. CV 06 03988 JF a 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 26 27 8 DLA P I P E R S U S LLP 1 AN F RANCI SCO ated: October 21, 2008 LA PIPER US LLP B S DEVERSON & WERSON y R Rhonda L. Nelson /s/ AHONDA L. NELSON Kttorneys for Defendant yphon Inc. D ated: October 21, 2008 AW OFFICES OF GRANT E. MORRIS LITTON & GEONETTA, LLP B SANFORD, WITTEL & HEISEL, LLP y /s/ David Sanford DAVID SANFORD Attorneys for Plaint iffs P I URSUANT TO STIPULATION, AS MODIFIED BY THE COURT, 27 T IS SO ORDERED this ___ day of _____ct_______________, 2008. O _ ober _ _____J ___________________________________ _ u Magistrate X dge of the United States District Court Howard R. Lloyd 12- [ PXOPOXXXSTIPULATED PROTECTIVE ORDER R XX SED] Dodd-Owens v. Kyphon ­ Case No. CV 06 03988 JF D 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 26 27 8 DLA P I P E R S U S LLP 1 AN F RANCI SCO XHIBIT A I [ ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND B Y PROTECTIVE ORDER , ___________________, [print or type full name], of ___________________________ print or type full address], declare under penalty of perjury that I have read in its ent iret y and N understand the Protective Order that was issued by the United States District Court for the orthern District of California on [date] in the case of Safronia Dodd-Owens, et al,., v. Kyphon t Inc.; Case Number CV 06 03988 JF. I agree to comply with and to be bound by all the terms o f this Protective Order and I understand and acknowledge that failure to comply could expose me io sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose n any manner any informat ion or item that is subject to the Protective Order to any Person except in compliance with the provisio ns of the Protective Order. I further agree to submit to the jurisdiction of the United States District Court for the e Northern District of California for the purpose of enforcing the terms of the Protective Order, ven if such enforcement occurs after the termination of this act ion. I hereby appo int __________________________ [print or type full name] of ______________________ [print or type full address and telephone number] as my California e agent for service of process in connect ion with this action or any proceedings related to D forcement of the Protective Order. n C ate: it y and State where sworn and signed: _________________________________ S Printed Name: ignature: X 13- [ E PXOPOSED] STIPULATED PROTECTIVE ORDER R XXXXX Dodd-Owens v. Kyphon ­ Case No. CV 06 03988 JF

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