Saleh v. Valbin Corporation
Filing
48
Stipulation, as modified by the Court, and Protective Order signed by Magistrate Judge Howard R. Lloyd on 9/11/2017. (hrllc3S, COURT STAFF) (Filed on 9/11/2017)
1
2
3
4
5
6
7
8
9
10
NOSSAMAN LLP
VERONICA M. GRAY (SBN 72572)
vgray@nossaman.com
ANDREW C. CRANE (SBN 285211)
acrane@nossaman.com
18101 Von Karman Avenue, Suite 1800
Irvine, CA 92612
Telephone:
949.833.7800
Facsimile:
949.833.7878
E-filed 9/11/2017
OFFIT KURMAN, P.A.
EDWARD J. TOLCHIN
etolchin@offitkurman.com
4800 Montgomery Lane
Bethesda, MD 20814
Telephone:
240-507-1769
Facsimile:
240-507-1735
11
12
Attorneys for Defendant
VALBIN CORPORATION
13
14
UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA
16
SAN JOSE DIVISION
17
18
RASHAD SALEH, individually and on behalf
of others similarly situated,
19
20
21
22
Plaintiff,
Case No: 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER
FOR STANDARD LITIGATION
vs.
VALBIN CORPORATION, a Virginia
corporation,
Date Action Filed: February 6, 2017
Trial Date: December 3, 2018
Defendant.
23
24
25
26
27
28
Case No. 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
56140892.v1
1
ADDITIONAL COUNSEL
2
3
4
5
6
7
PHILLIPS DAYES LAW FIRM PC
Trey A. R. Dayes, III, Arizona Bar # 020805 (pro hac vice)
Dennis L. Evans, California Bar # 276923
3101 N. Central Avenue
Suite 1500
Phoenix, AZ 85012
Telephone: (602) 288-1610 x 301
Attorneys for Plaintiff Reshad Saleh
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
56140892.v1
1
1.
PURPOSES AND LIMITATIONS
2
Disclosure and discovery activity in this action are likely to involve production of
3
confidential, proprietary, or private information for which special protection from public
4
disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
5
Accordingly, the parties hereby stipulate to and petition the court to enter the following
6
Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket
7
protections on all disclosures or responses to discovery and that the protection it affords from
8
public disclosure and use extends only to the limited information or items that are entitled to
9
confidential treatment under the applicable legal principles. The parties further acknowledge, as
10
set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to
11
file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that
12
must be followed and the standards that will be applied when a party seeks permission from the
13
court to file material under seal.
14
2.
15
16
17
DEFINITIONS
2.1
Challenging Party: a Party or Non-Party that challenges the designation of
information or items under this Order.
2.2
“CONFIDENTIAL” Information or Items: information (regardless of how it is
18
generated, stored or maintained) or tangible things that qualify for protection under Federal
19
Rule of Civil Procedure 26(c).
20
21
22
23
24
2.3
Counsel (without qualifier): Outside Counsel of Record and House Counsel (as
well as their support staff).
2.4
Designating Party: a Party or Non-Party that designates information or 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
25
medium or manner in which it is generated, stored, or maintained (including, among other
26
things, testimony, transcripts, and tangible things), that are produced or generated in disclosures
27
or responses to discovery in this matter.
28
2.6
Expert: a person with specialized knowledge or experience in a matter pertinent
-1-
Case No. 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
56140892.v1
1
to the litigation who has been retained by a Party or its counsel to serve as an expert witness or
2
as a consultant in this action.
3
4
2.7
Counsel does not include Outside Counsel of Record or any other outside counsel.
5
6
House Counsel: attorneys who are employees of a party to this action. House
2.8
Non-Party: any natural person, partnership, corporation, association, or other
legal entity not named as a Party to this action.
7
2.9
Outside Counsel of Record: attorneys who are not employees of a party to this
8
action but are retained to represent or advise a party to this action and have appeared in this
9
action on behalf of that party or are affiliated with a law firm which has appeared on behalf of
10
that party.
11
12
2.10
consultants, retained experts, and Outside Counsel of Record (and their support staffs).
13
14
Party: any party to this action, including all of its officers, directors, employees,
2.11
Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Material in this action.
15
2.12
Professional Vendors: persons or entities that provide litigation support services
16
(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and
17
organizing, storing, or retrieving data in any form or medium) and their employees and
18
subcontractors.
19
20
2.13
Protected Material: any Disclosure or Discovery Material that is designated as
“CONFIDENTIAL.”
21
2.14
Receiving Party: a Party that receives Disclosure or Discovery Material from a
22
Producing Party.
23
3.
24
SCOPE
The protections conferred by this Stipulation and Order cover not only Protected
25
Material (as defined above), but also (1) any information copied or extracted from Protected
26
Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any
27
testimony, conversations, or presentations by Parties or their Counsel that might reveal
28
Protected Material. However, the protections conferred by this Stipulation and Order do not
-2-
Case No. 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
56140892.v1
1
cover the following information: (a) any information that is in the public domain at the time of
2
disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a
3
Receiving Party as a result of publication not involving a violation of this Order, including
4
becoming part of the public record through trial or otherwise; and (b) any information known to
5
the Receiving Party prior to the disclosure or obtained by the Receiving Party after the
6
disclosure from a source who obtained the information lawfully and under no obligation of
7
confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed
8
by a separate agreement or order.
9
4.
DURATION
10
Even after final disposition of this litigation, the confidentiality obligations imposed by
11
this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court
12
order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all
13
claims and defenses in this action, with or without prejudice; and (2) final judgment herein after
14
the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this
15
action, including the time limits for filing any motions or applications for extension of time
16
pursuant to applicable law.
17
5.
18
DESIGNATING
5.1
For a period of six months after final disposition of this
litigation, this Court will retain jurisdiction to enforce
PROTECTED MATERIAL the terms of this order.
Exercise of Restraint and Care in Designating Material for Protection. Each Party
19
or Non-Party that designates information or items for protection under this Order must take care
20
to limit any such designation to specific material that qualifies under the appropriate standards.
21
The Designating Party must designate for protection only those parts of material, documents,
22
items, or oral or written communications that qualify – so that other portions of the material,
23
documents, items, or communications for which protection is not warranted are not swept
24
unjustifiably within the ambit of this Order.
25
Mass, indiscriminate, or routinized designations are prohibited. Designations that are
26
shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
27
unnecessarily encumber or retard the case development process or to impose unnecessary
28
expenses and burdens on other parties) expose the Designating Party to sanctions.
-3-
Case No. 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
56140892.v1
1
If it comes to a Designating Party’s attention that information or items that it designated for
2
protection do not qualify for protection, that Designating Party must promptly notify all other
3
Parties that it is withdrawing the mistaken designation.
4
5.2
Manner and Timing of Designations. Except as otherwise provided in this Order
5
(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
6
Disclosure or Discovery Material that qualifies for protection under this Order must be clearly
7
so designated before the material is disclosed or produced.
8
Designation in conformity with this Order requires:
9
(a) for information in documentary form (e.g., paper or electronic documents, but
10
excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing
11
Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only
12
a portion or portions of the material on a page qualifies for protection, the Producing Party also
13
must clearly identify the protected portion(s) (e.g., by making appropriate markings in the
14
margins).
15
A Party or Non-Party that makes original documents or materials available for
16
inspection need not designate them for protection until after the inspecting Party has indicated
17
which material it would like copied and produced. During the inspection and before the
18
designation, all of the material made available for inspection shall be deemed
19
“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied
20
and produced, the Producing Party must determine which documents, or portions thereof,
21
qualify for protection under this Order. Then, before producing the specified documents, the
22
Producing Party must affix the “CONFIDENTIAL” legend to each page that contains Protected
23
Material. If only a portion or portions of the material on a page qualifies for protection, the
24
Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
25
markings in the margins).
26
(b) for testimony given in deposition or in other pretrial or trial proceedings, that the
27
Designating Party identify on the record, before the close of the deposition, hearing, or other
28
proceeding, all protected testimony.
-4-
Case No. 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
56140892.v1
1
(c) for information produced in some form other than documentary and for any
2
other tangible items, that the Producing Party affix in a prominent place on the exterior of the
3
container or containers in which the information or item is stored the legend
4
“CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection,
5
the Producing Party, to the extent practicable, shall identify the protected portion(s).
6
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
7
designate qualified information or items does not, standing alone, waive the Designating
8
Party’s right to secure protection under this Order for such material. Upon timely correction of
9
a designation, the Receiving Party must make reasonable efforts to assure that the material is
10
11
12
treated in accordance with the provisions of this Order.
6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any Party or Non-Party may challenge a designation of
13
confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
14
designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
15
burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
16
challenge a confidentiality designation by electing not to mount a challenge promptly after the
17
original designation is disclosed.
18
6.2
Meet and Confer. The Challenging Party shall initiate the dispute resolution
19
process by providing written notice of each designation it is challenging and describing the
20
basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the
21
written notice must recite that the challenge to confidentiality is being made in accordance with
22
this specific paragraph of the Protective Order. The parties shall attempt to resolve each
23
challenge in good faith and must begin the process by conferring directly (in voice to voice
24
dialogue; other forms of communication are not sufficient) within 14 days of the date of service
25
of notice. In conferring, the Challenging Party must explain the basis for its belief that the
26
confidentiality designation was not proper and must give the Designating Party an opportunity
27
to review the designated material, to reconsider the circumstances, and, if no change in
28
designation is offered, to explain the basis for the chosen designation. A Challenging Party may
-5-
Case No. 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
56140892.v1
seek judicial intervention
1
proceed to the next stage of the challenge process only if it has engaged in this meet and confer
2
process first or establishes that the Designating Party is unwilling to participate in the meet and
3
confer process in a timely manner.
4
6.3
Judicial Intervention. If the Parties cannot resolve a challenge without court
parties shall comply with the undersigned's standing order re:
5
intervention, the Designating Party shall file and serve a motion to retain confidentiality under
6
Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days
7
of the initial notice of challenge or within 14 days of the parties agreeing that the meet and
8
confer process will not resolve their dispute, whichever is earlier. Each such motion must be
9
accompanied by a competent declaration affirming that the movant has complied with the meet
10
and confer requirements imposed in the preceding paragraph. Failure by the Designating Party
11
to make such a motion including the required declaration within 21 days (or 14 days, if
12
applicable) shall automatically waive the confidentiality designation for each challenged
civil discovery disputes. Any Discovery Dispute Joint Report shall affirm that
the meet and confer requirements imposed in the preceding paragraph have been
satisfied.
to timely seek judicial intervention
seek judicial relief with respect to
13
designation. In addition, the Challenging Party may file a motion challenging a confidentiality
14
designation at any time if there is good cause for doing so, including a challenge to the
15
designation of a deposition transcript or any portions thereof. Any motion brought pursuant to
Any Discovery Dispute Joint
Report related to this provision must be accompanied by a competent declaration
16
this provision must be accompanied by a competent declaration affirming that the movant has
17
complied with the meet and confer requirements imposed by the preceding paragraph.
affirming compliance with both paragraph 6.2 of this protective order and the
separate standing order requirements.
18
The burden of persuasion in any such challenge proceeding shall be on the Designating
19
Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose
20
unnecessary expenses and burdens on other parties) may expose the Challenging Party to
21
sanctions. Unless the Designating Party has waived the confidentiality designation by failing to
22
file a motion to retain confidentiality as described above, all parties shall continue to afford the
23
material in question the level of protection to which it is entitled under the Producing Party’s
24
designation until the court rules on the challenge.
25
7.
26
seek relief
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is disclosed
27
or produced by another Party or by a Non-Party in connection with this case only for
28
prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be
-6-
Case No. 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
56140892.v1
1
disclosed only to the categories of persons and under the conditions described in this Order.
2
When the litigation has been terminated, a Receiving Party must comply with the provisions of
3
section 13 below (FINAL DISPOSITION).
4
Protected Material must be stored and maintained by a Receiving Party at a location and
5
in a secure manner that ensures that access is limited to the persons authorized under this Order.
6
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
7
ordered by the court or permitted in writing by the Designating Party, a Receiving Party may
8
disclose any information or item designated “CONFIDENTIAL” only to:
9
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
10
employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
11
information for this litigation and who have signed the “Acknowledgment and Agreement to Be
12
Bound” that is attached hereto as Exhibit A;
13
(b) the officers, directors, and employees (including House Counsel) of the
14
Receiving Party to whom disclosure is reasonably necessary for this litigation and who have
15
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
16
(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
17
reasonably necessary for this litigation and who have signed the “Acknowledgment and
18
Agreement to Be Bound” (Exhibit A);
19
(d) the court and its personnel;
20
(e) court reporters and their staff, professional jury or trial consultants, mock jurors,
21
and Professional Vendors to whom disclosure is reasonably necessary for this litigation and
22
who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23
(f) during their depositions, witnesses in the action to whom disclosure is reasonably
24
necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
25
A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of
26
transcribed deposition testimony or exhibits to depositions that reveal Protected Material must
27
be separately bound by the court reporter and may not be disclosed to anyone except as
28
permitted under this Stipulated Protective Order.
-7-
Case No. 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
56140892.v1
1
(g) the author or recipient of a document containing the information or a custodian
2
or other person who otherwise possessed or knew the information.
3
8.
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
4
OTHER LITIGATION
5
If a Party is served with a subpoena or a court order issued in other litigation that
6
compels disclosure of any information or items designated in this action as
7
“CONFIDENTIAL,” that Party must:
8
9
(a) promptly notify in writing the Designating Party. Such notification shall include
a copy of the subpoena or court order;
10
(b) promptly notify in writing the party who caused the subpoena or order to issue in
11
the other litigation that some or all of the material covered by the subpoena or order is subject to
12
this Protective Order. Such notification shall include a copy of this Stipulated Protective Order;
13
and
14
15
(c) cooperate with respect to all reasonable procedures sought to be pursued by the
Designating Party whose Protected Material may be affected.
16
If the Designating Party timely seeks a protective order, the Party served with the
17
subpoena or court order shall not produce any information designated in this action as
18
“CONFIDENTIAL” before a determination by the court from which the subpoena or order
19
issued, unless the Party has obtained the Designating Party’s permission. The Designating
20
Party shall bear the burden and expense of seeking protection in that court of its confidential
21
material – and nothing in these provisions should be construed as authorizing or encouraging a
22
Receiving Party in this action to disobey a lawful directive from another court.
23
24
9.
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
THIS LITIGATION
25
(a) The terms of this Order are applicable to information produced by a Non-Party
26
in this action and designated as “CONFIDENTIAL.” Such information produced by Non-
27
Parties in connection with this litigation is protected by the remedies and relief provided by this
28
Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking
-8-
Case No. 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
56140892.v1
1
additional protections.
2
(b) In the event that a Party is required, by a valid discovery request, to produce a
3
Non-Party’s confidential information in its possession, and the Party is subject to an agreement
4
with the Non-Party not to produce the Non-Party’s confidential information, then the Party
5
shall:
6
7
(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;
8
9
10
(2) promptly provide the Non-Party with a copy of the Stipulated Protective
Order in this litigation, the relevant discovery request(s), and a reasonably specific description
of the information requested; and
11
(3) make the information requested available for inspection by the Non-Party.
12
(c) If the Non-Party fails to object or seek a protective order from this court within
13
14 days of receiving the notice and accompanying information, the Receiving Party may
14
produce the Non-Party’s confidential information responsive to the discovery request. If the
15
Non-Party timely seeks a protective order, the Receiving Party shall not produce any
16
information in its possession or control that is subject to the confidentiality agreement with the
17
Non-Party before a determination by the court. Absent a court order to the contrary, the Non-
18
Party shall bear the burden and expense of seeking protection in this court of its Protected
19
Material.
20
10.
21
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
22
Material to any person or in any circumstance not authorized under this Stipulated Protective
23
Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the
24
unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
25
Protected Material, (c) inform the person or persons to whom unauthorized disclosures were
26
made of all the terms of this Order, and (d) request such person or persons to execute the
27
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
28
-9-
Case No. 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
56140892.v1
1
11.
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
2
PROTECTED MATERIAL
3
When a Producing Party gives notice to Receiving Parties that certain inadvertently
4
produced material is subject to a claim of privilege or other protection, the obligations of the
5
Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This
6
provision is not intended to modify whatever procedure may be established in an e-discovery
7
order that provides for production without prior privilege review. Pursuant to Federal Rule of
8
Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of
9
a communication or information covered by the attorney-client privilege or work product
10
protection, the parties may incorporate their agreement in the stipulated protective order
11
submitted to the court.
12
12.
13
14
15
MISCELLANEOUS
12.1
Right to Further Relief. Nothing in this Order abridges the right of any person to
seek its modification by the court in the future.
12.2
Right to Assert Other Objections. By stipulating to the entry of this Protective
16
Order no Party waives any right it otherwise would have to object to disclosing or producing
17
any information or item on any ground not addressed in this Stipulated Protective Order.
18
Similarly, no Party waives any right to object on any ground to use in evidence of any of the
19
material covered by this Protective Order.
20
12.3
Filing Protected Material. Without written permission from the Designating
21
Party or a court order secured after appropriate notice to all interested persons, a Party may not
22
file in the public record in this action any Protected Material. A Party that seeks to file under
23
seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may
24
only be filed under seal pursuant to a court order authorizing the sealing of the specific
25
Protected Material at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only
26
upon a request establishing that the Protected Material at issue is privileged, protectable as a
27
trade secret, or otherwise entitled to protection under the law. If a Receiving Party's request to
28
file Protected Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court,
- 10 -
Case No. 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
56140892.v1
1
then the Receiving Party may file the information in the public record pursuant to Civil Local
2
Rule 79-5(e) unless otherwise instructed by the court.
3
13.
4
FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in paragraph 4, each
5
Receiving Party must return all Protected Material to the Producing Party or destroy such
6
material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,
7
compilations, summaries, and any other format reproducing or capturing any of the Protected
8
Material. Whether the Protected Material is returned or destroyed, the Receiving Party must
9
submit a written certification to the Producing Party (and, if not the same person or entity, to the
10
Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all
11
the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party
12
has not retained any copies, abstracts, compilations, summaries or any other format reproducing
13
or capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled
14
to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
15
transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports,
16
attorney work product, and consultant and expert work product, even if such materials contain
17
Protected Material. Any such archival copies that contain or constitute Protected Material
18
remain subject to this Protective Order as set forth in Section 4 (DURATION).
19
///
20
///
21
///
22
///
23
///
24
///
25
///
26
///
27
///
28
///
14. All discovery and disclosure disputes are subject to the underisgned's
standing order re: civil discovery disputes.
- 11 -
Case No. 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
56140892.v1
1
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
3
DATED: August 31, 2017
PHILLIPS DAYES LAW FIRM PC
4
/s/ Trey Dayes __________________
Trey Dayes
Attorneys for Plaintiff Rashed Saleh
5
6
7
8
DATED: August 31, 2017
NOSSAMAN LLP
/s/ Andrew C. Crane______________
9
Andrew C. Crane
Attorneys for Defendant Valbin Corporation
10
11
AS MODIFIED BY THE COURT, IT IS SO ORDERED.
12
13
PURSUANT TO STIPULATION, IT IS SO ORDERED.
14
15
9/11/2017
DATED: ________________________
16
_____________________________________
Hon. Lucy H. Koh
United States District Judge
Magistrate Judge Howard R. Lloyd
17
18
19
20
21
22
23
24
25
26
27
28
- 12 -
Case No. 5:17-CV-00593-LHK
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
56140892.v1
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4
I, _____________________________ [print or type full name], of _________________
5
[print or type full address], declare under penalty of perjury that I have read in its entirety and
6
understand the Stipulated Protective Order that was issued by the United States District Court
7
for the Northern District of California on [date] in the case of RASHAD SALEH vs. VALBIN
8
CORPORATION 5:17-cv-00593-LHK. I agree to comply with and to be bound by all the terms
9
of this Stipulated Protective Order and I understand and acknowledge that failure to so comply
10
could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that
11
I will not disclose in any manner any information or item that is subject to this Stipulated
12
Protective Order to any person or entity except in strict compliance with the provisions of this
13
Order.
14
I further agree to submit to the jurisdiction of the United States District Court for the
15
Northern District of California for the purpose of enforcing the terms of this Stipulated
16
Protective Order, even if such enforcement proceedings occur after termination of this action.
17
I hereby appoint __________________________ [print or type full name] of
18
_______________________________________ [print or type full address and telephone
19
number] as my California agent for service of process in connection with this action or any
20
proceedings related to enforcement of this Stipulated Protective Order.
21
22
Date: ______________________________
23
City and State where sworn and signed: _________________________________
24
25
Printed name: _______________________________
26
27
Signature: __________________________________
28
-1-
EXHIBIT A
56140892.v1
Case No. 5:17-CV-00593-LHK
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?