Dang v. Samsung Electronics Co, Ltd. et al

Filing 130

STIPULATED PROTECTIVE ORDER re 127 (MODIFIED BY THE COURT). Signed by Magistrate Judge Virginia K. DeMarchi on 11/29/2018. (vkdlc2S, COURT STAFF) (Filed on 11/29/2018)

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1 2 3 4 REESE LLP Michael R. Reese (CA Bar # 206773) 100 West 94rd Street, 16th Floor New York, New York 10025 Telephone: +1 212 643 0500 Facsimile: +1 212 253 4272 E-mail: mreese@reesellp.com 5 6 7 8 9 275 Battery Street, Suite 2600 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 Attorneys for Plaintiff HOAI DANG (additional attorneys listed on signature page) SQUIRE PATTON BOGGS (US) LLP Mark C. Dosker (CA Bar # 114789) 275 Battery Street, Suite 2600 San Francisco, California 94111 Telephone: +1 415 954 0200 Facsimile: +1 415 393 9887 E-mail: mark.dosker@squirepb.com 12 13 14 15 Attorneys for Defendants SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC (additional attorneys listed on signature page) 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 20 SAN JOSE DIVISION HOAI DANG, on behalf of himself and all others similarly situated, Case No. 3:14-cv-00530-LHK CLASS ACTION 21 22 23 Plaintiff, v. 25 SAMSUNG ELECTRONICS CO., LTD.; SAMSUNG ELECTRONICS AMERICA, INC.; and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, 26 Defendants. 24 CONFIDENTIALITY PROTECTIVE ORDER Re: Dkt. No. 127 MODIFIED BY THE COURT 27 28 -1CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK 1 2 The Parties to this action hereby stipulate to an order of the Court as follows: 1. PURPOSES AND LIMITATIONS disclosure and from use for any purpose other than prosecuting and defending the Litigation may 6 be warranted. 7 Protective Order (the “Confidentiality Protective Order”). The Parties acknowledge that this 8 Confidentiality Protective Order does not confer blanket protections on all disclosures or 9 responses to discovery and that the protection it affords from public disclosure and use extends 10 only to the limited information or items that are entitled to confidential treatment under the 11 275 Battery Street, Suite 2600 confidential, proprietary or private information for which special protection from public 5 San Francisco, California 94111 The Parties anticipate that discovery in this Litigation may involve production of 4 SQUIRE PATTON BOGGS (US) LLP 3 applicable legal principles. The Parties further acknowledge, as set forth in Section 12(c), below, 12 that this Confidentiality Protective Order does not entitle them to file confidential information 13 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the 14 standards that will be applied when a party seeks leave of Court to file Protected Material under 15 seal. 16 2. 17 Accordingly, the Court enters the following joint proposed Confidentiality DEFINITIONS a. Challenging Party: a Party or Non-Party that challenges the designation of 18 information or items as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/OUTSIDE 19 ATTORNEYS’ EYES ONLY” under this Confidentiality Protective Order. 20 b. “CONFIDENTIAL” Information, Items, or Material: any Material, information 21 (regardless of how it is generated, stored or maintained), or tangible thing produced by a Party or 22 Non-Party in the Litigation which the Producing Party believes constitutes, contains, reflects, or 23 discloses confidential, non-public trade secrets, competitively sensitive or proprietary 24 information, research and analysis, development or commercial information, or other information 25 for which a good faith claim of need of protection from disclosure can be made under the Federal 26 Rules of Civil Procedure and/or other applicable law. 27 28 c. Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). -2CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK 1 d. Court: the United States District Court for the Northern District of California. 2 e. Designating Party: a Party or Non-Party that designates information or items 3 produced in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY 4 CONFIDENTIAL/OUTSIDE ATTORNEYS’ EYES ONLY.” 5 f. Disclosure or Discovery Material: all items or information, regardless of the 6 medium or manner in which it is generated, stored, or maintained (including, among other things, 7 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 8 responses to discovery in this matter. 9 g. Expert: a person with specialized knowledge or experience in a matter pertinent to 275 Battery Street, Suite 2600 the Litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 consultant in the Litigation. 12 h. Final Disposition: the later of (1) dismissal of all claims and defenses in the 13 Litigation, with or without prejudice; or (2) final judgment herein after the completion and 14 exhaustion of all appeals, rehearings, remands, trials, or reviews of the Litigation, including the 15 time limits for filing any motions or applications for extension of time pursuant to applicable law. 16 i. “HIGHLY CONFIDENTIAL/OUTSIDE ATTORNEYS’ EYES ONLY” 17 Information, Items, or Material: any Material, information (regardless of how it is generated, 18 stored or maintained), or tangible thing that is (1) non-public personal information or (2) 19 “CONFIDENTIAL” Material that the Producing Party reasonably and in good faith believes to be 20 extremely sensitive confidential and/or proprietary information, disclosure of which to a Party or 21 another Non Party would create a substantial risk of significant competitive or business injury to 22 the Designating Party that could not be avoided by less restrictive means. 23 24 25 26 27 28 j. House Counsel: attorneys who are employees of a party to the Litigation. House Counsel does not include Outside Counsel of Record or any other outside counsel. k. Litigation: the above-captioned action styled as Hoai Dang v. Samsung Electronics Co., Ltd., et al., No. 3:14-cv-00530-LHK (N.D. Cal.). l. Material: documents, electronic information in any form, testimony, interrogatory responses and other information, including all copies, excerpts and summaries thereof, in any -3CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK 1 form. 2 m. Non-Party: any natural person, partnership, corporation, association, or other legal 3 entity not named as a Party in the Litigation (or their officers, directors, employees, consultants, 4 retained experts, House Counsel, and Outside Counsel of Record). 5 n. Outside Counsel of Record: counsel of record for the Parties, including all partners who may be assisting counsel of record for the Parties in the Action, and all clerks, employees, 9 independent contractors, consultants, investigators, paralegals, assistants, secretaries, staff and 10 stenographic, computer, audio-visual and clerical employees and agents thereof when operating 11 275 Battery Street, Suite 2600 as well as any other counsel, other than House Counsel, and support personnel of such counsel 8 San Francisco, California 94111 and associate attorneys of such counsel’s law firms who are assisting in the conduct of the Action, 7 SQUIRE PATTON BOGGS (US) LLP 6 under the supervision of such partners or associate attorneys. Outside Counsel of Record does 12 not include House Counsel. 13 o. Party: any party to the Litigation, including all of its officers, directors, employees, 14 consultants, retained experts, House Counsel, and Outside Counsel of Record (and their support 15 staffs). 16 17 p. Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in the Litigation. 18 q. Professional Vendors: persons or entities that provide litigation support services 19 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 20 organizing, storing, or retrieving data in any form or medium) and their employees and 21 subcontractors. 22 r. 23 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/OUTSIDE ATTORNEYS’ EYES ONLY.” 24 s. Receiving Party: a Party that receives Disclosure or Discovery Material from a 25 Producing Party. 26 3. SCOPE 27 This Confidentiality Protective Order governs the use and handling of Material produced 28 or given by any Producing Party during the Litigation, up to, and including, trial. Material -4CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK derived therefrom, shall be used only for the purpose of the Litigation and any related appellate 4 proceeding, and not for any other business, competitive, personal, private, public, or other 5 purpose whatsoever. The protections conferred by this Confidentiality Protective Order cover not 6 only Protected Material (as defined above), but also (a) any information copied or extracted from 7 Protected Material; (b) all copies, excerpts, summaries, or compilations of Protected Material; (c) 8 any testimony, conversations, or presentations by Parties or their Counsel that might reveal 9 Protected Material; (d) portions of deposition or other transcripts and exhibits thereto that contain, 10 summarize, or reflect the content of any such Protected Material; (e) portions of briefs, 11 275 Battery Street, Suite 2600 EYES ONLY” under the provisions of this Confidentiality Protective Order, and information 3 San Francisco, California 94111 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/OUTSIDE ATTORNEYS’ 2 SQUIRE PATTON BOGGS (US) LLP 1 memoranda, or any other writings filed with the Court and exhibits thereto that contain, 12 summarize, or reflect the content of any such Protected Material; and (f) written discovery 13 responses and answers that contain, summarize, or reflect the content of any such Protected 14 Material. The protections conferred by this Confidentiality Protective Order do not cover the 15 following information: (1) any information that is in the public domain at the time of disclosure to 16 a Receiving Party or which becomes part of the public domain after its disclosure to a Receiving 17 Party as a result of publication not involving a violation of this Confidentiality Protective Order, 18 including becoming part of the public record through trial or otherwise; and (2) any information 19 known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the 20 disclosure from a source who obtained the information lawfully and under no obligation of 21 confidentiality to the Designating Party. 22 4. DURATION 23 Even after Final Disposition of the Litigation, the confidentiality obligations imposed by 24 this Confidentiality Protective Order shall remain in effect until a Designating Party agrees 25 otherwise in writing or a court order otherwise directs. 26 5. 27 28 DESIGNATING PROTECTED MATERIAL a. Exercise of Restraint and Care in Designating Material for Protection. All confidentiality designations must be made reasonably and in good faith. Each Party or Non-5CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK 1 Party that designates information or items for protection under this Confidentiality Protective 2 Order must take care to limit any such designation to specific Material that qualifies under the 3 appropriate standards. 4 Mass, indiscriminate, or routinized designations are prohibited. A Designating Party shall 5 not make clearly unjustified designations or designations for an improper purpose (e.g., to 6 unnecessarily encumber or retard the case development process or to impose unnecessary 7 expenses and burdens on other parties). initially asserted, that Designating Party must promptly notify all other Parties that it is 11 275 Battery Street, Suite 2600 for protection do not qualify for protection at all or do not qualify for the level of protection 10 San Francisco, California 94111 If it comes to a Designating Party’s attention that information or items that it designated 9 SQUIRE PATTON BOGGS (US) LLP 8 withdrawing the mistaken designation and reproduce the Material with the correct designation. 12 b. Manner and Timing of Designations. Except as otherwise provided in this 13 Confidentiality Protective Order (see, e.g., second paragraph of Section 5(b)(i) below), or as 14 otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 15 under this Confidentiality Protective Order must be clearly so designated before the Material is 16 disclosed or produced. 17 18 Designation in conformity with this Confidentiality Protective Order requires: i. for information in documentary form (e.g., paper or electronic documents, 19 but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 20 Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/OUTSIDE 21 ATTORNEYS’ EYES ONLY,” as applicable, to each page that contains Protected Material. 22 A Party or Non-Party that makes original documents or Materials available for inspection 23 need not designate them for protection until after the inspecting Party has indicated which 24 Material it would like copied and produced. During the inspection and before the designation, all 25 Material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL/OUTSIDE 26 ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents to be 27 copied and produced, the Producing Party must determine which Material qualifies for protection 28 under this Confidentiality Protective Order. Then, before producing the specified documents, the -6CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK 1 Producing Party must affix the appropriate legend to each page that contains Protected Material. 2 ii. for testimony given in deposition, that the Designating Party identify all Only those portions of transcript that actually contain “CONFIDENTIAL” and/or “HIGHLY 6 CONFIDENTIAL/OUTSIDE ATTORNEYS’ EYES ONLY” Material may be so designated. All 7 deposition transcripts will be treated as “HIGHLY CONFIDENTIAL/OUTSIDE ATTORNEYS’ 8 EYES ONLY” Material until a party designates any or all portions of the transcript as 9 “CONFIDENTIAL” and/or “HIGHLY CONFIDENTIAL/OUTSIDE ATTORNEYS’ EYES 10 ONLY” Material or until thirty (30) days after receipt of the transcript, whichever is earlier. If a 11 275 Battery Street, Suite 2600 writing to counsel of record within thirty (30) days of receiving the transcript of the deposition. 5 San Francisco, California 94111 Protected Material either (1) on the record, before the close of the deposition, or (2) by notice in 4 SQUIRE PATTON BOGGS (US) LLP 3 designation is made, the “CONFIDENTIAL” and/or “HIGHLY CONFIDENTIAL/OUTSIDE 12 ATTORNEYS’ EYES ONLY” portions of the transcript and exhibits, if filed with the Court, 13 shall be subject to the filing requirements set forth in Section 12(c) below. If any depositions are 14 videotaped or digitally recorded, those portions of the videotape or recording corresponding to 15 portions of the deposition transcript designated as “CONFIDENTIAL” or “HIGHLY 16 CONFIDENTIAL/OUTSIDE ATTORNEYS’ EYES ONLY” shall be afforded the same status. 17 iii. for testimony given in other pretrial or trial proceedings, that the 18 Designating Party identify on the record, before the close of the hearing or other proceeding, all 19 protected testimony. 20 iv. with respect to electronic documents produced in native format, that the 21 Designating 22 CONFIDENTIAL/OUTSIDE ATTORNEYS’ EYES ONLY” Material by stamping copies of the 23 document or media, as appropriate, that contains the document with the appropriate legend. 24 Party v. shall designate “CONFIDENTIAL” or “HIGHLY for information produced in some form other than documentary, and for 25 any other tangible items, that the Producing Party affix in a prominent place on the exterior of the 26 container or containers in which the information or item is stored the legend “CONFIDENTIAL” 27 or “HIGHLY CONFIDENTIAL/OUTSIDE ATTORNEYS’ EYES ONLY,” as applicable. 28 c. Inadvertent Failures to Designate. If corrected within a reasonable time from -7CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK 1 discovery, an inadvertent failure to designate qualified information or items does not waive the 2 Designating Party’s right to secure protection under this Confidentiality Protective Order for such 3 Material. Upon timely correction of a designation, the Receiving Party shall take steps to assure 4 that the Material is treated in accordance with the provisions of this Confidentiality Protective 5 Order. The Designating Party shall provide substitute copies of the qualified information or items 6 bearing the corrected designation. The Receiving Party shall return or certify the destruction of 7 the undesignated Protected Material. 8 6. 9 CHALLENGING CONFIDENTIALITY DESIGNATIONS a. Timing of Challenges. Any Party or Non-Party may challenge a designation of 275 Battery Street, Suite 2600 confidentiality at any time. Unless a prompt challenge to a Designating Party’s designation of 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 Disclosure 12 CONFIDENTIAL/OUTSIDE ATTORNEYS’ EYES ONLY,” is necessary to avoid foreseeable, 13 substantial unfairness, unnecessary economic burdens, or a significant disruption or delay of the 14 Litigation, a Party does not waive its right to challenge a confidentiality designation by electing 15 not to mount a challenge promptly after the original designation is disclosed. 16 b. or Discovery Material as “CONFIDENTIAL” or “HIGHLY Meet and Confer. The Challenging Party shall initiate the dispute resolution 17 process by providing written notice of each designation of “CONFIDENTIAL” or “HIGHLY 18 CONFIDENTIAL/OUTSIDE ATTORNEYS’ EYES ONLY” that the Challenging Party is 19 challenging and describing the basis for each challenge. To avoid ambiguity as to whether a 20 challenge has been made, the written notice must recite that the challenge to confidentiality is 21 being made in accordance with this specific paragraph of the Confidentiality Protective Order. 22 The parties shall attempt to resolve each challenge in good faith and must begin the process by 23 conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) 24 within fourteen (14) business days of the date of service of notice. In conferring, the Challenging 25 Party must explain the basis for its belief that the confidentiality designation was not proper and 26 must give the Designating Party an opportunity to review the Designated Material, to reconsider 27 the circumstances, and, if no change in designation is offered, to explain the basis for the chosen 28 designation. A Challenging Party may proceed to the next stage of the challenge process only if -8CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK 1 it has engaged in this meet and confer process first or establishes that the Designating Party is 2 unwilling to participate in the meet and confer process in a timely manner. 3 4 c. Judicial Intervention. After the Challenging Party has engaged in the meet and 7 confer process outlined in Section 6(b), or has established that the Designating Party is unwilling the parties shall comply with the to participate in the meet and confer process in a timely manner, the Challenging Party may, for discovery dispute procedure outlined in this Court's Standing Order for Civil Cases and with good cause, file a motion in compliance with Civil Local Rule 79-5 that identifies the challenged Civil Local Rule 79-5, if applicable. Material and sets forth in detail the basis for the challenge. Any motion brought pursuant to this 8 provision must be accompanied by a competent declaration attesting that (1) the Challenging 9 Party has complied with the meet and confer requirements imposed by Section 6(b), or (2) the 10 Designating Party is unwilling to participate in the meet and confer process in a timely manner. 11 The burden of persuasion in any challenge proceeding shall be on the Designating Party. All 12 Parties shall continue to afford the Material in question the level of protection to which it is 13 entitled under the Producing Party’s designation until the Court rules on the challenge. 14 7. 5 275 Battery Street, Suite 2600 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 6 15 ACCESS TO AND USE OF PROTECTED MATERIAL a. Basic Principles. A Receiving Party may use Protected Material that is disclosed 16 or produced by another Party or by a Non-Party in connection with this case only for prosecuting, 17 defending, or attempting to settle the Litigation. Such Protected Material may be disclosed only to 18 the categories of persons and under the conditions described in this Confidentiality Protective 19 Order. When the Litigation has been terminated, a Receiving Party must comply with the 20 provisions of Section 13 below (FINAL DISPOSITION). 21 Protected Material must be stored and maintained by a Receiving Party at a location and 22 in a secure manner that ensures that access is limited to the persons authorized under this 23 Confidentiality Protective Order. 24 b. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 25 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may 26 disclose any information or item designated “CONFIDENTIAL” only to: 27 28 i. the Receiving Party’s Outside Counsel of Record in the Litigation, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose -9CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK 1 2 the information for the Litigation; ii. the officers, directors, and employees (including House Counsel) of the 3 Receiving Party to whom disclosure is reasonably necessary for the Litigation, as well as their 4 immediate paralegals and staff; 5 6 7 iii. any named party in the Litigation who has signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A); iv. Experts (as defined in this Confidentiality Protective Order) of the provided that (1) such Expert and employee has signed the “Acknowledgment and Agreement to 11 275 Battery Street, Suite 2600 said Expert to whom it is reasonably necessary to disclose the information for the Litigation, 10 San Francisco, California 94111 Receiving Party to whom disclosure is reasonably necessary for the Litigation and employees of 9 SQUIRE PATTON BOGGS (US) LLP 8 Be Bound” (Exhibit A); and (2) such Expert and employee is not a current officer, director, or 12 employee of a Party or of a competitor of a Party, and, at the time of retention, has no present 13 plans to become an officer, director, or employee of a Party or of a competitor of a Party within 14 the next three years. If there is any doubt about whether an entity of which an Expert or 15 employee is or has present plans to become (within the next three years) an officer, director, or 16 employee of a competitor of the Designating Party, prior to any disclosure, the Receiving Party 17 shall identify the entity to the Designating Party, which shall advise the Receiving Party within 18 seven days of such identification whether the Designating Party considers that entity to be a 19 competitor for purposes of the foregoing sentence (provided, however, that no party is obligated 20 to disclose the identity of the Expert prior to the time provided by scheduling order). If the 21 parties cannot agree on whether an entity constitutes a competitor for purposes of the foregoing 22 sentence, they may seek the assistance of the Court. 23 v. the Court and its personnel; 24 vi. court reporters and their staff, professional jury or trial consultants, mock 25 jurors, and Professional Vendors to whom disclosure is reasonably necessary for the Litigation 26 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 28 vii. the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. - 10 CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK 1 2 viii. any mediator, and his or her staff, who is assigned to hear this matter, and who has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 3 ix. 4 c. any other person with the prior written consent of the Designating Party. Disclosure of “HIGHLY CONFIDENTIAL/OUTSIDE ATTORNEYS’ EYES 5 ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in writing by 6 the Designating Party, a Receiving Party may disclose any information or item designated 7 “HIGHLY CONFIDENTIAL/OUTSIDE ATTORNEYS’ EYES ONLY” only to: 8 9 i. 8. the individuals listed in Section 7(b) categories i, iv, v, vi, vii, viii, and ix. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 275 Battery Street, Suite 2600 OTHER LITIGATION 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 If a Party is served with a subpoena or a court order issued in other litigation that compels 12 disclosure of any information or items designated in the Litigation as “CONFIDENTIAL” or 13 “HIGHLY CONFIDENTIAL/OUTSIDE ATTORNEYS’ EYES ONLY” that Party must: 14 15 16 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 order to issue in 17 the other litigation that some or all of the Material covered by the subpoena or order is subject to 18 this Confidentiality Protective Order. 19 Confidentiality Protective Order; and 20 21 c. Such notification shall include a copy of this cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served with the 23 subpoena or court order shall not produce any information designated in the Litigation as 24 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/OUTSIDE ATTORNEYS’ EYES ONLY,” 25 as applicable, before a determination by the court from which the subpoena or order issued, 26 unless the Receiving Party has obtained the Designating Party’s permission. The Designating 27 Party shall bear the burden and expense of seeking protection in that court of its confidential 28 Material – and nothing in these provisions should be construed as authorizing or encouraging a - 11 CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK 1 Receiving Party in the Litigation to disobey a lawful directive from another court. 2 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 3 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 4 Material to any person or in any circumstance not authorized under this Confidentiality Protective 5 Order, the Receiving Party must immediately (a) notify, in writing, the Designating Party of the 6 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 7 Protected Material, (c) inform, in writing, the person or persons to whom unauthorized 8 disclosures were made of all the terms of this Confidentiality Protective Order, and (d) request 9 such person or persons execute the “Acknowledgment and Agreement to Be Bound” that is 275 Battery Street, Suite 2600 attached hereto as Exhibit A. 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 10. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 PROTECTED MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain inadvertently 14 produced Material is subject to a claim of privilege or other protection, the obligations of the 15 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 16 provision is not intended to modify whatever procedure may be established in an e-discovery 17 order that provides for production without prior privilege review. 18 11. PRIVILEGE LOG 19 Any Party withholding documents based solely on the assertion of a privilege shall serve a 20 privilege log within ninety (90) days after completing the production of documents responsive to 21 the request to which the privilege was asserted. The Receiving Party shall then have a thirty (30) 22 day period in which to meet and confer with the Producing Party regarding the privilege log and, 23 if the Parties are unable to resolve any dispute, to seek relief from the Court, even if doing so 24 occurs after the fact discovery deadline. A Producing Party need not generate a privilege log for 25 documents withheld on the basis of the attorney-client privilege or work product doctrine that are 26 dated on or after February 4, 2014, which date corresponds to the filing of the original Complaint 27 (ECF 1) in this matter. 28 - 12 CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK 1 12. 2 3 MISCELLANEOUS a. Right to Further Relief. Nothing in this Confidentiality Protective Order prevents any person from seeking its modification by the Court in the future. 4 b. Right to Assert Other Objections. By submitting this Confidentiality Protective 5 Order to the Court for entry, no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in this 7 Confidentiality Protective Order. Similarly, no Party waives any right to object on any ground to 8 use in evidence of any of the Material covered by this Confidentiality Protective Order. 9 c. Filing Protected Material. Without written permission from the Designating Party 275 Battery Street, Suite 2600 or a court order secured after appropriate notice to all interested persons, a Party may not file in 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 the public record in the Litigation any Protected Material. A Party that seeks to file under seal 12 any Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be 13 filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material 14 at issue. 15 13. FINAL DISPOSITION 16 Within sixty (60) days after the Final Disposition of the Litigation each Receiving Party 17 must return all Protected Material to the Producing Party or destroy such Material. As used in 18 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, 19 and any other format reproducing or capturing any of the Protected Material. Whether the 20 Protected Material is returned or destroyed, the Receiving Party must submit a written 21 certification to the Producing Party (and, if not the same person or entity, to the Designating 22 Party) by the sixty (60) day deadline that (a) identifies (by category, where appropriate) all the 23 Protected Material that was returned or destroyed and (b) affirms that the Receiving Party has not 24 retained any copies, abstracts, compilations, summaries or any other format reproducing or 25 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 26 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 27 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 28 product, and consultant and expert work product, even if such Materials contain Protected - 13 CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK 1 Material. Any such archival copies that contain or constitute Protected Material remain subject to 2 this Confidentiality Protective Order as set forth in Section 4 (DURATION). 3 4 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: November 28, 2018 By: 6 Attorneys for Plaintiff HOAI DANG 7 8 9 275 Battery Street, Suite 2600 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 /s/ Michael R. Reese Michael R. Reese REESE LLP Michael R. Reese (CA Bar # 206773) 100 West 94rd Street, 16th Floor New York, New York 10025 Telephone: +1 212 643 0500 Facsimile: +1 212 253 4272 E-mail: mreese@reesellp.com PEARSON, SIMON & WARSHAW, LLP Melissa S. Weiner (pro hac vice) 800 La Salle Avenue, Suite 2150 Minneapolis, Minnesota 55402 Telephone: +1 612 389 0601 Facsimile: +1 612 389 0610 E-mail: mweiner@pswlaw.com Dated: November 28, 2018 By: 12 13 14 Attorneys for Defendants SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 15 16 17 18 19 20 21 /s/ Mark C. Dosker Mark C. Dosker SQUIRE PATTON BOGGS (US) LLP Mark C. Dosker (CA Bar # 114789) 275 Battery Street, Suite 2600 San Francisco, California 94111 Telephone: +1 415 954 0200 Facsimile: +1 415 393 9887 E-mail: mark.dosker@squirepb.com SQUIRE PATTON BOGGS (US) LLP Bruce A. Khula (pro hac vice) 4900 Key Tower, 127 Public Square Cleveland, Ohio 44114 Telephone: +1 216 479 8500 Facsimile: +1 216 479 8780 E-mail: bruce.khula@squirepb.com 22 23 24 ORDER AS MODIFIED BY THE COURT, PURSUANT TO STIPULATION, IT IS SO ORDERED. ^ 25 26 27 28 November 29, 2018 Dated: _____________________________ ______________________________________ Lucy H. Koh Virginia K. DeMarchi United States District Judge Magistrate - 14 - CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK 1 2 3 ATTESTATION I hereby attest that I have on file written authorization for any signatures indicated by a “conformed” signature (s/) in this e-filed document. 4 /s/Mark C. Dosker Mark C. Dosker 5 6 7 8 9 275 Battery Street, Suite 2600 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 15 CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK 1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of __________________ [print 4 or type full address], declare under penalty of perjury under the laws of the United States of 5 America that I have read in its entirety and understand the Confidentiality Protective Order that 6 was issued by the United States District Court for the Northern District of California on 7 _________________ ____, 20____ in the litigation entitled Hoai Dang v. Samsung Electronics 8 Co., Ltd., et al., Case No. 3:14-cv-00530-LHK (N.D. Cal.) (the “Dang Litigation”). I agree to 9 comply with and to be bound by all the terms of this Confidentiality Protective Order and I 10 275 Battery Street, Suite 2600 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP understand and acknowledge that failure to so comply could expose me to sanctions and 11 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Confidentiality Protective Order to any person or 13 entity except in strict compliance with the provisions of this Confidentiality Protective Order. 14 I further hereby irrevocably agree to submit to the jurisdiction of the United States District 15 Court for the Northern District of California for the purpose of enforcing the terms of this 16 Confidentiality Protective Order, even if such enforcement proceedings occur after termination of 17 the Dang Litigation. 18 I hereby appoint _____________________ [print or type full name] of _______________ 19 _________________________________ [print or type full address and telephone number] as my 20 California agent for service of process in connection with the Dang Litigation or any proceedings 21 related to enforcement of this Confidentiality Protective Order. 22 Dated: 23 24 25 City and State where sworn and signed: Printed name: [printed name] 26 27 Signature: [signature] 28 - 16 CONFIDENTIALITY PROTECTIVE ORDER - Case No. 3:14-cv-00530-LHK

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