Paley v. Twist Animation, Ltd. et al

Filing 27

STIPULATED PROTECTIVE ORDER. Signed by Judge Lucy H. Koh on August 21, 2015. (lhklc1, COURT STAFF) (Filed on 8/21/2015)

1
2
3
4
5
6
7
8
9
10

DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST.
SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
TELEPHONE [phone]
FAX [phone]
BRUCE ISAACS (State Bar No. 100296)
[e-mail]
DEBORAH ADLER (State Bar No. 209525)
[e-mail]
Attorneys for Defendants
TWIST ANIMATION, LTD, a/k/a
TWIST3D ANIMATION, d/b/a TUTITU
TV, YOSSI DAHAN, TALMON
GAMLIEL AND SARIT IDO SCHECTER

11
12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14
15
ANDREW PALEY,
16
17
18
19
20
21
22

)
)
Plaintiff,
)
)
vs.
)
)
TWIST ANIMATION, LTD, a/k/a TWIST3D )
ANIMATION, d/b/a TUTITU TV, YOSSI
)
DAHAN, TALMON GAMLIEL AND SARIT )
IDO SCHECTER,
)
)
Defendants.
)
)
)

Case No. 15-CV-01925 LHK
[Assigned to the Hon. Lucy H. Koh]
STIPULATED [PROPOSED]
PROTECTIVE ORDER

23
24
25
26
27
28

1.

PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve production of
confidential, proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
Accordingly, the parties hereby stipulate to and petition the court to enter the following
1

Stipulated [Proposed] Protective Order
DWT 27685882v1 0104848-000001

Case No. 15-CV-01925 LHK

1

Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket

2

protections on all disclosures or responses to discovery and that the protection it affords from

3

public disclosure and use extends only to the limited information or items that are entitled to

4

confidential treatment under the applicable legal principles. The parties further acknowledge, as

5

set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file

6

confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be

7

followed and the standards that will be applied when a party seeks permission from the court to

8

file material under seal.

9

2.

DEFINITIONS

10

2.1

Challenging Party: a Party or Non-Party that challenges the designation of

11
12

information or items under this Order.
2.2

“CONFIDENTIAL” Information or Items: information (regardless of how it is

13

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule

14

of Civil Procedure 26(c).

15
16
17
18
19

2.3

Counsel (without qualifier): Outside Counsel of Record and House Counsel (as

well as their support staff).
2.4

Designating Party: a Party or Non-Party that designates information or items that

it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.5

Disclosure or Discovery Material: all items or information, regardless of the

20

medium or manner in which it is generated, stored, or maintained (including, among other things,

21

testimony, transcripts, and tangible things), that are produced or generated in disclosures or

22

responses to discovery in this matter.

23

2.6

Expert: a person with specialized knowledge or experience in a matter pertinent

24

to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as

25

a consultant in this action.

26
27
28

2.7

House Counsel: attorneys who are employees of a party to this action. House

Counsel does not include Outside Counsel of Record or any other outside counsel.
2.8

Non-Party: any natural person, partnership, corporation, association, or other
2

Stipulated [Proposed] Protective Order
DWT 27685882v1 0104848-000001

Case No. 15-CV-01925 LHK

1
2

legal entity not named as a Party to this action.
2.9

Outside Counsel of Record: attorneys who are not employees of a party to this

3

action but are retained to represent or advise a party to this action and have appeared in this

4

action on behalf of that party or are affiliated with a law firm which has appeared on behalf of

5

that party.

6
7
8
9
10

2.10

Party: any party to this action, including all of its officers, directors, employees,

consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.11

Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.
2.12

Professional Vendors: persons or entities that provide litigation support services

11

(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and

12

organizing, storing, or retrieving data in any form or medium) and their employees and

13

subcontractors.

14
15
16

2.13

Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL.”
2.14

Receiving Party: a Party that receives Disclosure or Discovery Material from a

17

Producing Party.

18

3.

19

The protections conferred by this Stipulation and Order cover not only Protected Material

SCOPE

20

(as defined above), but also (1) any information copied or extracted from Protected Material; (2)

21

all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

22

conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

23

However, the protections conferred by this Stipulation and Order do not cover the following

24

information: (a) any information that is in the public domain at the time of disclosure to a

25

Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as

26

a result of publication not involving a violation of this Order, including becoming part of the

27

public record through trial or otherwise; and (b) any information known to the Receiving Party

28

prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who
3

Stipulated [Proposed] Protective Order
DWT 27685882v1 0104848-000001

Case No. 15-CV-01925 LHK

1

obtained the information lawfully and under no obligation of confidentiality to the Designating

2

Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.

3

4.

4

Even after final disposition of this litigation, the confidentiality obligations imposed by

5

this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court

6

order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all

7

claims and defenses in this action, with or without prejudice; and (2) final judgment herein after

8

the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this

9

action, including the time limits for filing any motions or applications for extension of time

10

DURATION

pursuant to applicable law.

11

5.

DESIGNATING PROTECTED MATERIAL

12

5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party

13

or Non-Party that designates information or items for protection under this Order must take care

14

to limit any such designation to specific material that qualifies under the appropriate standards.

15

The Designating Party must designate for protection only those parts of material, documents,

16

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

17

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

18

unjustifiably within the ambit of this Order.

19

Mass, indiscriminate, or routinized designations are prohibited. Designations that are

20

shown to be clearly unjustified or that have been made for an improper purpose (e.g., to

21

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

22

expenses and burdens on other parties) expose the Designating Party to sanctions.

23

If it comes to a Designating Party’s attention that information or items that it designated

24

for protection do not qualify for protection, that Designating Party must promptly notify all other

25

Parties that it is withdrawing the mistaken designation.

26

5.2

Manner and Timing of Designations. Except as otherwise provided in this Order

27

(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,

28

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
4

Stipulated [Proposed] Protective Order
DWT 27685882v1 0104848-000001

Case No. 15-CV-01925 LHK

1

designated before the material is disclosed or produced.

2

Designation in conformity with this Order requires:

3

(a) for information in documentary form (e.g., paper or electronic documents, but

4

excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing

5

Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only

6

a portion or portions of the material on a page qualifies for protection, the Producing Party also

7

must clearly identify the protected portion(s) (e.g., by making appropriate markings in the

8

margins).

9

A Party or Non-Party that makes original documents or materials available for inspection

10

need not designate them for protection until after the inspecting Party has indicated which

11

material it would like copied and produced. During the inspection and before the designation, all

12

of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the

13

inspecting Party has identified the documents it wants copied and produced, the Producing Party

14

must determine which documents, or portions thereof, qualify for protection under this Order.

15

Then, before producing the specified documents, the Producing Party must affix the

16

“CONFIDENTIAL” legend to each page that contains Protected Material.

17

(b) for testimony given in deposition or in other pretrial or trial proceedings, that the

18

Designating Party identify on the record, before the close of the deposition, hearing, or other

19

proceeding, all protected testimony.

20

(c) for information produced in some form other than documentary and for any other

21

tangible items, that the Producing Party affix in a prominent place on the exterior of the

22

container or containers in which the information or item is stored the legend

23

“CONFIDENTIAL.”

24

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

25

designate qualified information or items does not, standing alone, waive the Designating Party’s

26

right to secure protection under this Order for such material. Upon timely correction of a

27

designation, the Receiving Party must make reasonable efforts to assure that the material is

28

treated in accordance with the provisions of this Order.
5

Stipulated [Proposed] Protective Order
DWT 27685882v1 0104848-000001

Case No. 15-CV-01925 LHK

1

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

2

6.1

Timing of Challenges. Any Party or Non-Party may challenge a designation of

3

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

4

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

5

burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to

6

challenge a confidentiality designation by electing not to mount a challenge promptly after the

7

original designation is disclosed.

8
9

6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution

process by providing written notice of each designation it is challenging and describing the basis

10

for each challenge. To avoid ambiguity as to whether a challenge has been made, the written

11

notice must recite that the challenge to confidentiality is being made in accordance with this

12

specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in

13

good faith and must begin the process by conferring directly (in voice to voice dialogue; other

14

forms of communication are not sufficient) within 14 days of the date of service of notice. In

15

conferring, the Challenging Party must explain the basis for its belief that the confidentiality

16

designation was not proper and must give the Designating Party an opportunity to review the

17

designated material, to reconsider the circumstances, and, if no change in designation is offered,

18

to explain the basis for the chosen designation. A Challenging Party may proceed to the next

19

stage of the challenge process only if it has engaged in this meet and confer process first or

20

establishes that the Designating Party is unwilling to participate in the meet and confer process in

21

a timely manner.

22

6.3

Judicial Intervention. If the Parties cannot resolve a challenge without court

23

intervention, the Designating Party shall file and serve a motion to retain confidentiality under

24

Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days

25

of the initial notice of challenge or within 14 days of the parties agreeing that the meet and

26

confer process will not resolve their dispute, whichever is earlier. Each such motion must be

27

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

28

and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to
6

Stipulated [Proposed] Protective Order
DWT 27685882v1 0104848-000001

Case No. 15-CV-01925 LHK

1

make such a motion including the required declaration within 21 days (or 14 days, if applicable)

2

shall automatically waive the confidentiality designation for each challenged designation. In

3

addition, the Challenging Party may file a motion challenging a confidentiality designation at

4

any time if there is good cause for doing so, including a challenge to the designation of a

5

deposition transcript or any portions thereof. Any motion brought pursuant to this provision must

6

be accompanied by a competent declaration affirming that the movant has complied with the

7

meet and confer requirements imposed by the preceding paragraph.

8

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

9

Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

10

unnecessary expenses and burdens on other parties) may expose the Challenging Party to

11

sanctions. Unless the Designating Party has waived the confidentiality designation by failing to

12

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

13

material in question the level of protection to which it is entitled under the Producing Party’s

14

designation until the court rules on the challenge.

15

7.

ACCESS TO AND USE OF PROTECTED MATERIAL

16

7.1

Basic Principles. A Receiving Party may use Protected Material that is disclosed

17

or produced by another Party or by a Non-Party in connection with this case only for

18

prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be

19

disclosed only to the categories of persons and under the conditions described in this Order.

20

When the litigation has been terminated, a Receiving Party must comply with the provisions of

21

section 13 below (FINAL DISPOSITION).

22

Protected Material must be stored and maintained by a Receiving Party at a location and

23

in a secure manner that ensures that access is limited to the persons authorized under this Order.

24

7.2

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

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees
of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information
7

Stipulated [Proposed] Protective Order
DWT 27685882v1 0104848-000001

Case No. 15-CV-01925 LHK

1

for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that

2

is attached hereto as Exhibit A;

3

(b) the officers, directors, and employees (including House Counsel) of the Receiving

4

Party to whom disclosure is reasonably necessary for this litigation and who have signed the

5

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

6

(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is

7

reasonably necessary for this litigation and who have signed the “Acknowledgment and

8

Agreement to Be Bound” (Exhibit A);

9

(d) the court and its personnel;

10

(e) court reporters and their staff, professional jury or trial consultants, mock jurors, and

11

Professional Vendors to whom disclosure is reasonably necessary for this litigation and who

12

have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

13

(f) during their depositions, witnesses in the action to whom disclosure is reasonably

14

necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

15

A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of

16

transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be

17

separately bound by the court reporter and may not be disclosed to anyone except as permitted

18

under this Stipulated Protective Order.

19
20
21
22
23

(g) the author or recipient of a document containing the information or a custodian or
other person who otherwise possessed or knew the information.
8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation that compels

24

disclosure of any information or items designated in this action as “CONFIDENTIAL,” that

25

Party must:

26
27
28

(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 the
8

Stipulated [Proposed] Protective Order
DWT 27685882v1 0104848-000001

Case No. 15-CV-01925 LHK

1

other litigation that some or all of the material covered by the subpoena or order is subject to this

2

Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and

3
4
5

(c) cooperate with respect to all reasonable procedures sought to be pursued by the
Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with the

6

subpoena or court order shall not produce any information designated in this action as

7

“CONFIDENTIAL” before a determination by the court from which the subpoena or order

8

issued, unless the Party has obtained the Designating Party’s permission. The Designating Party

9

shall bear the burden and expense of seeking protection in that court of its confidential material –

10

and nothing in these provisions should be construed as authorizing or encouraging a Receiving

11

Party in this action to disobey a lawful directive from another court.

12
13
14

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced by a Non-Party in this

15

action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in

16

connection with this litigation is protected by the remedies and relief provided by this Order.

17

Nothing in these provisions should be construed as prohibiting a Non-Party from seeking

18

additional protections.

19

(b) In the event that a Party is required, by a valid discovery request, to produce a Non-

20

Party’s confidential information in its possession, and the Party is subject to an agreement with

21

the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:

22
23
24

(1) promptly notify in writing the Requesting Party and the Non-Party that some or all of
the information requested is subject to a confidentiality agreement with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this

25

litigation, the relevant discovery request(s), and a reasonably specific description of the

26

information requested; and

27

(3) make the information requested available for inspection by the Non-Party.

28

(c) If the Non-Party fails to object or seek a protective order from this court within 14
9

Stipulated [Proposed] Protective Order
DWT 27685882v1 0104848-000001

Case No. 15-CV-01925 LHK

1

days of receiving the notice and accompanying information, the Receiving Party may produce

2

the Non-Party’s confidential information responsive to the discovery request. If the Non-Party

3

timely seeks a protective order, the Receiving Party shall not produce any information in its

4

possession or control that is subject to the confidentiality agreement with the Non-Party before a

5

determination by the court. Absent a court order to the contrary, the Non-Party shall bear the

6

burden and expense of seeking protection in this court of its Protected Material.

7

10.

8

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

9

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

Material to any person or in any circumstance not authorized under this Stipulated Protective

10

Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the

11

unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

12

Protected Material, (c) inform the person or persons to whom unauthorized disclosures were

13

made of all the terms of this Order, and (d) request such person or persons to execute the

14

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.

15
16
17

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain inadvertently

18

produced material is subject to a claim of privilege or other protection, the obligations of the

19

Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This

20

provision is not intended to modify whatever procedure may be established in an e-discovery

21

order that provides for production without prior privilege review. Pursuant to the Federal Rule

22

of Evidence 502(d), the inadvertent or unintentional disclosure of any qualified information or

23

items without a “CONFIDENTIAL” designation shall not be construed to be a waiver, in whole

24

or in part, of that party’s right to claim that the information should be subject to protection as

25

“CONFIDENTIAL” information under this Stipulated Protective Order. Any such documents or

26

information inadvertently produced without designation, and all copies and records thereof, shall

27

be immediately returned to the producing party upon written notice from the producing party.

28

The parties shall retain the right thereafter during the pendency of this litigation to designate
10

Stipulated [Proposed] Protective Order
DWT 27685882v1 0104848-000001

Case No. 15-CV-01925 LHK

1

such document, or information as confidential. Acceptance by a party or its attorney of

2

information disclosed under designation as protected shall not constitute an admission that the

3

information is, in fact, entitled to protection.

4

12.

MISCELLANEOUS

5

12.1

Right to Further Relief. Nothing in this Order abridges the right of any person to

6
7

seek its modification by the court in the future.
12.2

Right to Assert Other Objections. By stipulating to the entry of this Protective

8

Order no Party waives any right it otherwise would have to object to disclosing or producing any

9

information or item on any ground not addressed in this Stipulated Protective Order. Similarly,

10

no Party waives any right to object on any ground to use in evidence of any of the material

11

covered by this Protective Order.

12

12.3

Filing Protected Material. Without written permission from the Designating Party

13

or a court order secured after appropriate notice to all interested persons, a Party may not file in

14

the public record in this action any Protected Material. A Party that seeks to file under seal any

15

Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be

16

filed under seal pursuant to a court order authorizing the sealing of the specific Protected

17

Material at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a

18

request establishing that the Protected Material at issue is privileged, protectable as a trade

19

secret, or otherwise entitled to protection under the law. If a Receiving Party's request to file

20

Protected Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then

21

the Receiving Party may file the information in the public record pursuant to Civil Local Rule

22

79-5(e) unless otherwise instructed by the court.

23

13.

FINAL DISPOSITION

24

Within 60 days after the final disposition of this action, as defined in paragraph 4, each

25

Receiving Party must return all Protected Material to the Producing Party or destroy such

26

material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,

27

compilations, summaries, and any other format reproducing or capturing any of the Protected

28

Material. Whether the Protected Material is returned or destroyed, the Receiving Party must
11

Stipulated [Proposed] Protective Order
DWT 27685882v1 0104848-000001

Case No. 15-CV-01925 LHK

1

submit a written certification to the Producing Party (and, if not the same person or entity, to the

2

Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all

3

the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has

4

not retained any copies, abstracts, compilations, summaries or any other format reproducing or

5

capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to

6

retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

7

legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work

8

product, and consultant and expert work product, even if such materials contain Protected

9

Material. Any such archival copies that contain or constitute Protected Material remain subject to

10

this Protective Order as set forth in Section 4 (DURATION).

11

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

12
13

DATED: August 20, 2015

14

DAVIS WRIGHT TREMAINE LLP
BRUCE ISAACS
DEBORAH ADLER

15
By:/s/Bruce Isaacs

16

Bruce Isaacs, Esq.

17
18

Attorneys for Defendants
TWIST ANIMATION, LTD, a/k/a
TWIST3D ANIMATION, d/b/a TUTITU TV,
YOSSI DAHAN, TALMON GAMLIEL AND
SARIT IDO SCHECTER

19
20
21
22
DATED: August 20, 2015

PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP

23
24
By:/s/Nicholas Carlin
Nicholas A. Carlin, Esq.

25
26

Attorney for ANDREW PALEY

27
28
12

Stipulated [Proposed] Protective Order
DWT 27685882v1 0104848-000001

Case No. 15-CV-01925 LHK

1
2

ATTESTATION
I, Bruce Isaacs, hereby attest that concurrences in the filing of this document have been

3

obtained from each of the signatories. I declare under penalty of perjury under the laws of the

4

United States of America that the foregoing is true and correct.

5
6
7

Date: August 20, 2015

DAVIS WRIGHT TREMAINE LLP

8

By:/s/Bruce Isaacs

9
10
11

PURSUANT TO STIPULATION, IT IS SO ORDERED.

12
13
14
15

August 21, 2015
DATED: _________________

16

______________________________________
THE HONORABLE LUCY H. KOH
KOL
United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28
13

Stipulated [Proposed] Protective Order
DWT 27685882v1 0104848-000001

Case No. 15-CV-01925 LHK

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________ [print or type full name], of _________________ [print or type full address],

4

declare under penalty of perjury that I have read in its entirety and understand the Stipulated

5
6
7
8

Protective Order that was issued by the United States District Court for the Northern District of
California on [date] in the case of Paley v. Twist Animation Ltd., et al, No. 15-CV-01925 LHK. I
agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I
understand and acknowledge that failure to so comply could expose me to sanctions and

9
punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner
10
11
12
13
14

any information or item that is subject to this Stipulated Protective Order to any person or entity
except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the Northern
District of California for the purpose of enforcing the terms of this Stipulated Protective Order,

15

even if such enforcement proceedings occur after termination of this action.

16

I hereby appoint __________________________ [print or type full name] of

17

_______________________________________ [print or type full address and telephone

18

number] as my California agent for service of process in connection with this action or any

19

proceedings related to enforcement of this Stipulated Protective Order.

20
21

Date: ______________________________________

22

City and State where sworn and signed: _________________________________

23
24

Printed name: _______________________________

25
26

Signature: ___________________________________

27
28
14

Stipulated [Proposed] Protective Order
DWT 27685882v1 0104848-000001

Case No. 15-CV-01925 LHK