Four Winds Interactive LLC v. Activision TV, Inc.

Filing 36

STIPULATED PROTECTIVE ORDER. by Magistrate Judge Michael E. Hegarty on 1/14/2014. (trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No: 13-cv-02684-RM-MEH
FOUR WINDS INTERACTIVE LLC, a Colorado limited liability company,
Plaintiff,
v.
ACTIVISION TV, INC., a Delaware corporation,
Defendant.
STIPULATED PROTECTIVE ORDER
Pursuant to Fed. R. Civ. P. 26(c), Plaintiff Four Winds Interactive LLC and
Defendant Activision TV, Inc. hereby stipulate and agree, subject to the approval of the
court, that the following Stipulated Protective Order (the “Order”) shall govern the
handling of discovery material, which shall consist of documents, depositions,
deposition exhibits, interrogatory responses, admissions, and any other information
produced, given, or exchanged by and among the parties and any non-parties to the
above-captioned action (the “Litigation”).
A.

Definitions
1.

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

employees, consultants, retained experts, and outside counsel (and their support staff).
2.

“Material”: all information, documents and things produced, served or

otherwise provided in this action by the Parties or by non-parties.

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3.

“CONFIDENTIAL Material”: information, documents, and things the

Designating Party believes in good faith is not generally known to others, and which the
Designating Party (i) would not normally reveal to third parties except in confidence or
has undertaken with others to maintain in confidence, or (ii) believes in good faith is
protected by a right to privacy under federal or state law or any other applicable
privilege or right related to confidentiality or privacy.
4.

“HIGHLY CONFIDENTIAL Material”: information, documents, and things

the Designating Party believes in good faith is not generally known to others and has
significant competitive value such that unrestricted disclosure to others would create a
substantial risk of serious injury, and which the Designating Party (i) would not normally
reveal to third parties except in confidence or has undertaken with others to maintain in
confidence, or (ii) believes in good faith is significantly sensitive and protected by a right
to privacy under federal or state law or any other applicable privilege or right related to
confidentiality or privacy. The designation is reserved for information that constitutes
proprietary financial or technical or commercially sensitive competitive information that
the Producing Party maintains as highly confidential in its business, strategic plans,
non-public financial data, documents that would reveal trade secrets, licensing
documents and licensing communications, and settlement agreements or settlement
communications, the disclosure of which is likely to cause harm to the competitive
position of the Producing Party.
5.

“Producing Party”: a Party or non-party that produces Material in this

action.

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6.

“Receiving Party”: a Party that receives Material from a Producing Party.

7.

“Designated Material”: Material that is designated either CONFIDENTIAL”

or “HIGHLY CONFIDENTIAL” under this Order.
8.

“Designating Party”: a Party or non-party that designates information,

documents or things that it produces in disclosures or in responses to discovery as
either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”.
9.

“Counsel of Record”: (i) counsel who appears on the pleadings as counsel

for a Party, and (ii) partners, associates and employees of such counsel to whom it is
reasonably necessary to disclose the information for this litigation, including supporting
personnel employed by the attorneys, such as paralegals, legal translators, legal
secretaries, legal clerks and shorthand reporters, or (iii) independent legal translators
retained to translate in connection with this action, or independent shorthand reporters
retained to record and transcribe testimony in connection with this action.
10.

“Outside Consultant”: a person with specialized knowledge or experience

in a matter pertinent to the litigation who has been retained by a Party or Counsel of
Record to serve as an expert witness or as a consultant in this action and who is not a
current employee of a Party or of a competitor of the opposing Party and who, at the
time of retention, is not anticipated to become an employee of a Party or of a competitor
of the opposing Party.
11.

“Professional Vendors”: persons or entities that provide litigation support

services (e.g., photocopying; videotaping; translating; designing and preparing exhibits,
graphics, or demonstrations; organizing, storing, retrieving data in any form or medium;

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etc.) and their employees and subcontractors. This definition includes a professional
jury or trial consultant retained in connection with this litigation and mock jurors retained
by such a consultant to assist them in their work. Professional vendors do not include
consultants who fall within the definition of Outside Consultant.
B.

Scope
12.

The protections conferred by this Order cover not only Designated

Material (as defined above), but also any information copied or extracted therefrom, as
well as all copies, excerpts, summaries, or compilations thereof. Nothing herein shall
alter or change in any way the discovery provisions of the Colorado Rules of Civil
Procedure. Identification of any individual pursuant to this Protective Order does not
make that individual available for deposition or any other form of discovery outside of
the restrictions and procedures of the Colorado Rules of Civil Procedure and any
deadlines provided in any Scheduling Order or other Order of the Court.
C.

Access to “Designated Material”
13.

CONFIDENTIAL Material: Unless otherwise ordered by the Court or

permitted in writing by the Designating Party, a Receiving Party may disclose any
information, document or thing designated “CONFIDENTIAL” only to:
(a)

employees of the Receiving Party to whom disclosure is reasonably

necessary for the management, supervision, or oversight of this litigation and
who have signed the “Agreement To Be Bound By Protective Order” attached
hereto;

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(b)

persons who appear on the face of Designated Material as an author,

addressee or recipient thereof;
(c)

Counsel of Record;

(d)

Outside Consultants of the Receiving Party to whom disclosure is

reasonably necessary for this litigation and who have signed both the
“Agreement To Be Bound By Protective Order” attached hereto and the
“Certification Of Consultant” attached hereto;
(e)

witnesses at deposition and/or trial, provided that such witnesses may not

retain copies of Designated Material unless permitted by other provisions of this
Order;
(f)

the Court and its personnel;

(g)

any designated arbitrator or mediator who is assigned to hear this matter,

and his or her staff, who have signed both the “Agreement To Be Bound By
Protective Order” attached hereto and the “Certification Of Consultant” attached
hereto;
(h)

court reporters; and

(i)

Professional Vendors to which disclosure is reasonably necessary for this

litigation and a representative of which has signed the “Agreement To Be Bound
By Protective Order” attached hereto.
14.

HIGHLY CONFIDENTIAL Material: Unless otherwise ordered by the

Court or permitted in writing by the Designating Party, a Receiving Party may disclose
any information, documents or things designated “HIGHLY CONFIDENTIAL” Material

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only to the following persons in addition to those identified in Paragraph 21 below
regarding use of Designated Material at depositions:
(a)

persons who appear on the face of Designated Material as an author,

addressee or recipient thereof;
(b)

Counsel of Record;

(c)

Outside Consultants of the Receiving Party to whom disclosure is

reasonably necessary for this litigation and who have signed both the
“Agreement To Be Bound By Protective Order” attached hereto and the
“Certification Of Consultant” attached hereto;
(d)

the Court and its personnel;

(e)

any designated arbitrator or mediator who is assigned to hear this matter,

and his or her staffs, who have signed both the “Agreement To Be Bound By
Protective Order” attached hereto and the “Certification Of Consultant” attached
hereto;
(f)

court reporters; and

(g)

Professional Vendors to which disclosure is reasonably necessary for this

litigation and a representative of which has signed the “Agreement To Be Bound
By Protective Order” attached hereto.
15.

Each person to whom Designated Material may be disclosed, and who is

required to sign the “Agreement To Be Bound By Protective Order” attached hereto and,
if applicable, the “Certification Of Consultant” attached hereto, shall do so, prior to the
time such Designated Material is disclosed to him or her. Counsel for a party who

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makes any disclosure of Designated Material shall retain each original executed
certificate and, upon written request, shall provide copies to counsel to all other parties
at the termination of this action.
16.

At the request of the Designating Party, persons not permitted access to

Designated Material under the terms of this Protective Order shall not be present at
depositions while the Designating Party’s Designated Material is discussed or otherwise
disclosed. Pre-trial and trial proceedings shall be conducted in a manner, subject to the
supervision of the Court, to protect Designated Material from disclosure to persons not
authorized to have access to such Material. Any Party intending to disclose or discuss
Designated Material at pre-trial or trial proceedings must give advance notice to assure
the implementation of the terms of this Protective Order.
D.

Access to “Designated Material” by Outside Consultants
17.

Notice.

If a Receiving Party wishes to disclose another party’s Designated Material to
any Outside Consultant, such Receiving Party must provide notice to counsel for the
Designating Party, which notice shall include: (a) the individual’s name and business
title; (b) business address; (c) business or profession; (d) the individual’s CV; (e) any
previous or current relationship (personal or professional) with any of the parties; and
(f) signed copies of both the “Agreement To Be Bound By Protective Order” attached
hereto and the “Certification Of Consultant” attached hereto. The notice and associated
documents shall be provided either as attachments to electronic mail or by overnight
delivery.

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18.

Objections.

(a)

The Designating Party shall have seven (7) calendar days from receipt of

the notice specified in Paragraph 17 to object in writing to such disclosure. Any such
objection must set forth in detail the grounds on which it is based. After the expiration of
the 7-day period, if no objection has been asserted, then Designated Material may be
disclosed to the Outside Consultant pursuant to the terms of this Order. However, if the
Designating Party objects within the 7-day period, the Receiving Party may not disclose
Designated Material to the challenged individual absent resolution of the dispute or
Court Order.
(b)

In the event the Designating Party makes a timely objection, the parties

shall meet and confer to try to resolve the matter by agreement. If the parties cannot
reach an agreement, the Objecting Party may within fourteen (14) calendar days
following its objection file a motion for a protective order preventing disclosure of
Designated Material to the Outside Consultant or for other appropriate relief. If the
objecting party fails to file a motion for protective order within the prescribed period, any
objection to the Outside Consultant is waived, and Designated Material may thereafter
be disclosed to such individual (upon signing both the “Agreement To Be Bound By
Protective Order” attached hereto and the “Certification Of Consultant” attached hereto).
If the Objecting party files a timely motion for a protective order, Designated Material
shall not be disclosed to the challenged individual until and unless a final ruling allowing
such disclosure is made by this Court or by the consent of the Objecting party,
whichever occurs first.

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E.

Use of “Designated Material”
19.

Use of Designated Material By Receiving Party. Unless otherwise

ordered by the Court or agreed to in writing by the Parties, all Designated Material shall
be used by the Receiving Party only for purposes of this litigation and shall not be used
in any other way. Information contained or reflected in Designated Materials shall not
be disclosed in conversations, presentations by parties or counsel, in court or in other
settings that might reveal Designated Material, except in accordance with the terms of
this Order.
20.

Use of Designated Material at Depositions. Except as may be

otherwise ordered by the Court, any person may be examined as a witness at
depositions and trial and may testify concerning all Designated Material of which such
person has prior knowledge.
F.

Procedure for Designation of “Designated Material”
21.

Subject to the limitations set forth in this Order, a Designating Party may

designate as “CONFIDENTIAL” information the Designating Party believes in good faith
meets the definition set forth in Paragraph 3 above, and a Designating Party may
designate as “HIGHLY CONFIDENTIAL” information the Designating Party believes in
good faith meets the definition set forth in Paragraph 4 above.
22.

Any material (including physical objects) made available for initial

inspection by counsel for the Receiving Party prior to producing copies of selected items
shall initially be considered, as a whole, to constitute “HIGHLY CONFIDENTIAL”
information and shall be subject to this Order. Thereafter, the Producing Party shall

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have fourteen (14) calendar days from the inspection to review and designate the
appropriate documents as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information
prior to furnishing copies to the Receiving Party.
23.

Except as otherwise provided in this Order or as otherwise stipulated or

ordered, Material that qualifies for protection under this Order must be designated in
accordance with this Section F, “Procedure for Designating Materials,” before the
material is disclosed or produced.
24.

Designation in conformity with this Order requires:

(a)

For information in documentary form (apart from transcripts of depositions

or other pretrial or trial proceedings), the Producing Party shall affix the legend
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” on each page that contains
Designated Material.
(b)

For testimony given in deposition or in other pretrial or trial proceedings,

the Designating Party shall specify, by specific page/line range, any portions of
the testimony that it wishes to designate as either “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL”. In the case of depositions, the Designating Party may also
designate any portion of a deposition transcript as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL” by informing the reporter and opposing party in writing, within
twenty-eight (28) calendar days of date of the taking of the deposition, of the
designations to be applied. All deposition transcripts not marked at least
“CONFIDENTIAL” during the deposition will nonetheless be treated as
“CONFIDENTIAL” until the twenty-eight (28) day period has expired. Transcript

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pages containing Designated Material must be separately bound by the court
reporter, who must affix to the top of each such page the legend
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”, as instructed by the
Designating Party.
(c)

For information produced in some form other than documentary, and for

any other tangible items, the Producing Party shall affix in a prominent place on
the exterior of the container or containers in which the information or thing is
stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”.
G.

No Waiver of Privilege
25.

Inspection or production of documents (including physical objects) shall

not constitute a waiver of the attorney-client privilege or work product immunity or any
other applicable privilege or immunity from discovery if, within seven (7) calendar days
after the Producing Party becomes aware of any inadvertent or unintentional disclosure,
the Producing Party designates any such documents as within the attorney-client
privilege or work product immunity or any other applicable privilege or immunity and
requests in writing return of such documents to the Producing Party with the factual
basis for the assertion of privilege or immunity. Upon request by the Producing Party,
the Receiving Party shall immediately return all copies of such inadvertently produced
document(s), and shall not use any inadvertently produced material or information for
any purpose unless and until the asserted privileges or immunities have been
successfully challenged or withdrawn. Nothing herein shall prevent the Receiving Party
from challenging the propriety of the attorney-client privilege or work product immunity

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or other applicable privilege or immunity designation by submitting a written challenge to
the Court.
H.

Inadvertent Failure To Designate
26.

An inadvertent failure to designate qualified information, documents or

things as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” does not, standing alone,
waive the Designating Party’s right to secure protection under this Order for such
material. Upon discovery of an inadvertent failure to designate, as soon as reasonably
possible a Producing Party may notify the Receiving Party in writing that the material is
to be designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”. Upon receipt of
such notice, the Receiving Party must make reasonable efforts to assure that the
material is treated in accordance with the terms of this Order, subject to the right to
challenge the propriety of such designation(s). The Producing Party shall provide
substitute copies of documents bearing the appropriate confidentiality designation
I.

Filing of “Designated Material”
27.

Without written permission from the Designating Party or a Court Order

secured after appropriate notice to all interested persons, a Party may not file in any
public record any Designated Material. Any filing of any such Designated Material in the
United States District Court for the District of Colorado shall be as Restricted
Documents at Level 1 Restriction pursuant to the requirements of D.C.COLO.LCivR 7.2.
All such materials so filed shall be released from restricted access only pursuant to
Court Order or the provisions of D.C.COLO.LCivR 7.2(e). Any filing of Designated
Material in any other civil litigation, arbitration, or administrative proceeding shall be

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effected with access restricted at least at the same level of document security as
provided by Level 1 Restriction in the District of Colorado.
J.

Challenges to Designation of “Designated Material”
28.

Counsel of Record for a Producing Party shall review the documents

and/or other information to be disclosed and may designate documents or information it
believes, in good faith, are either “CONFIDENTIAL Material” or “HIGHLY
CONFIDENTIAL Material”. Nothing in this Order shall prevent a Receiving Party from
contending at any time that any or all documents and/or information designated as
“CONFIDENTIAL Material” or “HIGHLY CONFIDENTIAL Material’ have been improperly
designated. A party may object to the designation of particular information as either
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” only by giving written notice by
electronic mail or overnight delivery to the party designating the disputed information
and to all other parties in the case. The written notice shall identify the information to
which the objection is made. If the parties cannot resolve the objection within fourteen
(14) days after the notice is received by the designating party, it shall be the obligation
of the designating party to file an appropriate motion, within the (14) days after it
receives said notice, requesting that the Court determine whether the disputed
information has been properly designated as either “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL” information. If such a motion is timely filed, the disputed information
shall be treated as designated, either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,”
under the terms of this Protective Order until the Court rules on the motion. If the
designating party fails to file such a motion within the prescribed time, the disputed

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information shall lose its designation as either “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL” and shall not thereafter be treated as either “CONFIDENTIAL
Information” or “HIGHLY CONFIDENTIAL Information” under the terms of this
Protective Order. In connection with a motion filed under this provision, the party
designating the information as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” shall
bear the burden of establishing that good cause exists for the disputed information to be
treated as designated, either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”.
K.

Protected Material Subpoenaed or Ordered Produced In Other Litigation
29.

If a Receiving Party is served with a subpoena or a court order that would

compel disclosure of any information, documents or things designated in this action as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”, the Receiving Party must so notify the
Designating Party, in writing by electronic mail and United States mail, promptly and in
no event no more than seven (7) calendar days after receiving the subpoena or order.
Such notification must include a copy of the subpoena or order. The Receiving Party
also must immediately inform in writing the party who caused the subpoena or order to
issue that some or all the material covered by the subpoena or order is the subject of
this Protective Order, and in addition the Receiving Party must deliver a copy of this
Protective Order promptly to the party in the other action that caused the subpoena or
order to issue. The purpose of imposing these duties is to alert the interested parties to
the existence of this Protective Order and to afford the Designating Party in this case an
opportunity to try to protect its confidentiality interests in the court from which the
subpoena or order issued. The Designating Party shall bear the burdens and the

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expenses of seeking protection in that court of its Designated Material. Nothing in these
provisions should be construed as authorizing or encouraging a Receiving Party in this
action to disobey a lawful directive from another court.
L.

Unauthorized Disclosure Of Designated Material
30.

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

disclosed Designated Material to any person or in any circumstance not authorized
under this Order, the Receiving Party must immediately (a) notify in writing the
Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all
copies of the Designated Material, (c) inform the person or persons to whom
unauthorized disclosures were made of all the terms of this Order, and (d) request such
person or persons to execute the “Acknowledgment and Agreement to Be Bound” that
is attached hereto.
M.

Non-Party Use of This Protective Order
31.

A non-party producing information or material voluntarily or pursuant to a

subpoena or a court order may designate such material or information in the same
manner and shall receive the same level of protection under this Protective Order as
any party to this lawsuit.
32.

A non-party’s use of this Protective Order to protect its “CONFIDENTIAL”

information or “HIGHLY CONFIDENTIAL” information does not entitle that non-party
access to “CONFIDENTIAL” information or “HIGHLY CONFIDENTIAL” information
produced by any party in this case.

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N.

Discovery from Outside Consultants
33.

Testifying experts shall not be subject to discovery of any draft of his or

her report in this case or other cases that was written by the testifying expert or his or
her staff and such draft reports, notes or outlines for draft reports developed and drafted
by the testifying expert and/or his or her staff are also exempt from discovery.
34.

Discovery of materials provided to testifying experts shall be limited to

those materials, facts, consulting expert opinions, and other matters actually relied upon
by the testifying expert in forming his or her final report, trial or deposition testimony or
any opinion in this case. No discovery can be taken from any consulting expert who
does not testify except to the extent that consulting expert has provided information,
opinions or other materials to a testifying expert, who then relies upon such information,
opinions or other materials in forming his or her final report, trial or deposition testimony
or any opinion in this case.
35.

No conversations or communications between counsel and any testifying

or consulting expert will be subject to discovery unless the conversations or
communications are relied upon by such experts in formulating opinions that are
presented in reports or trial or deposition testimony in this case.
36.

Materials, communications and other information exempt from discovery

under the foregoing Paragraphs shall be treated as attorney-work product for the
purposes of this litigation and Protective Order.

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O.

Duration
37.

The confidentiality obligations and protections imposed by this Order shall

remain in effect after the termination of this litigation until a Designating Party agrees
otherwise in writing or a court order otherwise directs.
P.

Final Disposition
38.

Unless otherwise ordered or agreed in writing by the Producing Party,

within sixty-three (63) calendar days after the final termination of this litigation, each
Receiving Party must destroy or return all Designated Material to the Producing Party.
As used in this Paragraph, “all Designated Material” includes all copies, abstracts,
compilations, summaries or any other form of reproducing or capturing any of the
Designated Material. The Receiving Party must submit a written confirmation of the
return or destruction to the Producing Party (and, if not the same person or entity, to the
Designating Party) by the 63-day deadline. Notwithstanding this provision, Counsel of
Record may retain an archival copy of all pleadings, motion papers, deposition
transcripts (including exhibits), transcripts of other proceedings (including exhibits),
expert reports (including exhibits), discovery requests and responses (including
exhibits), exhibits offered or introduced into evidence at trial, legal memoranda,
correspondence or attorney work product, even if such materials contain Designated
Material. Any such archival copies that contain or constitute Designated Material
remain subject to this Protective Order as set forth in Section O, “Duration,” above.

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Q.

Miscellaneous
39.

Any notice requirement herein only may be waived, in whole or in part, by

a writing signed by the Counsel of Record for the party against whom such waiver will
be effective.
40.

This Order is entered without prejudice to the right of any party to apply to

the Court at any time for additional protection or to relax or rescind the restrictions of
this Order, when convenience or necessity requires. Nothing in this Order abridges the
right of any person to seek to assert other objections. No Party waives any right it
otherwise would have to object to disclosing or producing any information, documents,
or things on any ground not addressed in this Protective Order. Similarly, no Party
waives any right to object on any ground to the use in evidence of any of the material
covered by this Protective Order. The Court shall take appropriate measures to protect
Designated Material at trial and any hearing in this case.
41.

This Order shall not diminish any existing obligation or right with respect to

Designated Material, nor shall it prevent a disclosure to which the Designating Party
consents in writing before the disclosure takes place.
42.

The United States District Court for the District of Colorado is responsible

for the interpretation and enforcement of this protective order. All disputes concerning
Designated Material produced under the protection of this Protective Order shall be
resolved by the United States District Court for the District of Colorado. Every individual
who receives any Designated Material agrees to subject himself or herself to the

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jurisdiction of this Court for the purpose of any proceedings related to performance
under, compliance with, or violation of this Order.
Dated at Denver, Colorado, this 14th day of January, 2014.
BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No: 13-cv-02684-RM-MEH
FOUR WINDS INTERACTIVE LLC, a Colorado limited liability company,
Plaintiff,
v.
ACTIVISION TV, INC., a Delaware corporation,
Defendant.
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY
PROTECTIVE ORDER
I, ___________________________________________ [print or type full name], state:
1. I reside at __________________________________________________________;
2. My present employer is _______________________________________________;
3. My present occupation or job description is _______________________________;
4. I agree to keep confidential all information provided to me in the matter of Four
Winds Interactive LLC v. Activision TV, Inc., Case No. 1:13-cv-02684-RM-MEH, United
States District Court, District of Colorado, and to be subject to the authority of that Court
in the event of any violation or dispute related to this agreement.
5. I have been informed of and have reviewed the Protective Order entered in this
case, and I will not divulge any information, documents or things that are subject to the
Protective Order except in accordance with the provisions of the Order;
6. I state under penalty of perjury under the laws of the United States of America that
the foregoing is true and correct.
Executed on ______________________, 201__ at ____________________________.
Printed or typed name: _________________________________________

Signature: ___________________________________________________

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No: 13-cv-02684-RM-MEH
FOUR WINDS INTERACTIVE LLC, a Colorado limited liability company,
Plaintiff,
v.
ACTIVISION TV, INC., a Delaware corporation,
Defendant.
CERTIFICATION OF CONSULTANT
I, _________________________________________________ [print or type full name]
of ___________________________________________________________________,
am not an employee of the Party who retained me, or of a competitor of an opposing
Party. If at any time after I execute this Certificate of Consultant and during the
pendency of the above-referenced action I become an employee of a competitor of an
opposing Party, I will promptly inform the counsel for the party who retained me in this
action, and I will not thereafter review any Designated Materials marked by the
opposing Party as “HIGHLY CONFIDENTIAL” unless and until the Parties agree or the
Court orders otherwise. I state under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct.
Executed on ______________________, 201_ at ____________________________.
Printed or typed name: _________________________________________

Signature: ___________________________________________________