Opinion

Michael Lavigne v. Herbalife, LTD

Court
District Court, C.D. California
Filed
Dec 2, 2019
Cited by
0 cases

The opinion

1 || Paul A. Levin — State Bar No. 229077

@themrlg.com

2 || MORTGAGE RECOVERY LAW GROUP LLP

700 North Brand Boulevard, Suite 830

3 || Glendale, California 91203

Telephone: (818) 630-7900 / Fax: (818) 630-7920

4

Etan Mark (admitted pro hac vice)

5 etan@markmigda .com

Donald J. Hayden (admitted pro hac vice)

6 don@mat mig al.com

MARK MIGDAL & HAYDEN

7\|80 SW 8" Street, Suite 1999

Miami, Florida 33130

8 || Telephone: (305) 374-0440

9 || Jason M. Jones (admitted pro hac vice)

jason @jonesatlaw.-com

10 || JASON JONES ATTORNEY AT LAW

1147 Hunter Avenue

11 ||Columbus, OH 43201

Telephone: (312) 237-0275

12

Attorneys for Plaintiffs

13

Mark T. Drooks — State Bar No. 123561

14 mdrooks@pbirdmarella.com

Paul S. Chan — State Bar No. 183406

15 pchan@birdmarella.com

Gopi K. Panchapakesan — State Bar No. 279586

16 □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□

BIRD, MARELLA, BOXER, WOLPERT, NESSIM,

17 |} DROOKS, LINCENBERG & RHOW, P.C.

1875 Century Park East, 23rd Floor

18 || Los Angeles, California 90067-2561

Telephone: GC 10) 201-2100

19 || Facsimile: (310) 201-2110

20 || Attorneys for Defendant Herbalife

International of America, Inc.

21

22

UNITED STATES DISTRICT COURT

23

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

24

25

MICHAEL LAVIGNE, et al., CASE NO. 2:18-cv-07480-JAK (MRWx)

26

Plaintiffs, STIPULATED PROTECTIVE

27 ORDER

VS.

28 Magistrate Judge Michael R. Wilner

1 || HERBALIFE LTD., et al.,

2 Defendants.

3

4 1. INTRODUCTION

5 1.1 PURPOSES AND LIMITATIONS

6 Discovery in this action is likely to involve production of confidential,

7 || proprietary, or private information for which special protection from public

8 || disclosure and from use for any purpose other than prosecuting this litigation may

9 || be warranted. Accordingly, Plaintiffs and Defendants Herbalife Nutrition Ltd. (fka

10 || Herbalife Ltd.), Herbalife International, Inc., and Herbalife International of

11 |) America, Inc. (collectively, “Herbalife”) hereby stipulate to and petition the Court to

12 || enter the following Stipulated Protective Order. The parties acknowledge that this

13 |] Order does not confer blanket protections on all disclosures or responses to

14 || discovery and that the protection it affords from public disclosure and use extends

15 || only to the limited information or items that are entitled to confidential treatment

16 || under the applicable legal principles. The parties further acknowledge, as set forth

17 |}in Section 12.3, below, that this Stipulated Protective Order does not entitle them to

18 || file confidential information under seal; Civil Local Rule 79-5 sets forth the

19 || procedures that must be followed and the standards that will be applied when a party

20 || seeks permission from the court to file material under seal.

21 1.22 GOOD CAUSE STATEMENT

22 This putative class action involves claims arising out of Plaintiffs’ attendance

23 || at Herbalife events and alleged misrepresentations about the nature of Herbalife’s

24 || business opportunity made at those events. Plaintiffs have propounded discovery

25 || requests that seek, among other things, video and audio recordings of Herbalife

26 ||events, minutes from meetings of Herbalife’s Board of Directors regarding events,

27 || fees paid to Herbalife distributors to speak at events, documents reflecting event

28 || attendance records, documents reflecting membership in certain business

1 || committees, tax and bank account information, and communications discussing

2 || Herbalife’s events. Notwithstanding Herbalife’s objections to the production of

3 || much of this material, Herbalife asserts that such materials consist of, among other

4 || things, information regarding confidential business strategies and policies; sensitive

5 || financial information; information implicating the privacy rights of third parties;

6 || and/or information which may be privileged or otherwise protected from disclosure

7 || under state or federal statutes, court rules, case decisions, or common law. Nothing

8 || in this Good Cause Statement or Stipulated Protective Order shall be construed as an

9 || agreement by Plaintiffs that any specific documents or categories of documents are

10 || properly considered “Confidential Information” as defined herein.

11 It is the intent of the parties that information will not be designated as

12 || confidential for tactical reasons and that nothing be so designated without a good

13 || faith belief that it has been maintained in a confidential, non-public manner. It also

14 is the intent of the parties that information will not be designated as confidential

15 || unless there is good cause as to why such information should not be part of the

16 || public record of this case.

17 Further, there are potentially certain highly sensitive materials that implicate

18 || the privacy interests of third parties, including compensation and disciplinary

19 || records pertaining to those third parties. Pursuant to the Court’s November 18, 2019

20 || and November 26, 2019 Orders (Dkts. 203, 206), these materials are

21 ‘“presumptively” considered to be “Attorneys’ Eyes Only” under this Protective

22 || Order.!

23

24 || ——_———_

5 | See Dkt. 203 at ¥ 22 (“The parties are directed to immediately meet to discuss

adopting a new protective order with an ‘attorneys’ eyes only’ component. These

26 || records will presumptively fall into that.”); Dkt. 206 at § 2 (“The compensation and

discipline information . . . warrants a presumptively increased level of

confidentiality to be monitored and enforced through the entry of a revised

28 || protective order.”)

1 2. DEFINITIONS

2 2.1 Action: The above-captioned action styled as Michael Lavigne,

3 || et al. v. Herbalife Ltd., Case No. 2:18-cv-07480-JAK (C.D. Cal.).

4 2.2 Challenging Party: A Party or Non-Party that challenges the

5 || designation of information or items under this Order.

6 2.3. “CONFIDENTIAL” Information or Items: Information

7 || (regardless of how it is generated, stored or maintained) or tangible things that

8 || qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified

9 || above in the Good Cause Statement.

10 2.4 “ATTORNEYS’ EYES ONLY” Information or Items:

11 || Information (regardless of how it is generated, stored or maintained) or tangible

12 || things that qualify for heightened protection under Federal Rule of Civil Procedure

13 || 26(c), and as specified above in the Good Cause Statement.

14 2.5 Counsel: Outside Counsel of Record and House Counsel (as

15 || well as their support staff).

16 2.6 Designating Party: A Party or Non-Party that designates

17 || information or items that it produces in disclosures or in responses to discovery as

18 || “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”

19 2.7 Disclosure or Discovery Material: All items or information,

20 || regardless of the medium or manner in which it is generated, stored, or maintained

21 || (including, among other things, testimony, transcripts, and tangible things), that are

22 || produced or generated in disclosures or responses to discovery in this matter.

23 2.8 Expert: A person with specialized knowledge or experience in a

24 || matter pertinent to the litigation who has been retained by a Party or its counsel to

25 || serve as an expert witness or as a consultant in this Action.

26 2.9 House Counsel: Attorneys who are employees of a party to this

27 || Action. House Counsel does not include Outside Counsel of Record or any other

28 || outside counsel.

1 2.10 Non-Party: Any natural person, partnership, corporation,

2 || association, or other legal entity not named as a Party to this action.

3 2.11 Qutside Counsel of Record: Attorneys who are not employees of

4 a party to this Action but are retained to represent or advise a party to this Action

5 ||and have appeared in this Action on behalf of that party or are affiliated with a law

6 || firm which has appeared on behalf of that party, and includes support staff.

7 2.12 Party: Any party to this Action, including all of its officers,

8 || directors, employees, consultants, retained experts, and Outside Counsel of Record

9 || (and their support staffs).

10 2.13 Producing Party: A Party or Non-Party that produces Disclosure

11 |}or Discovery Material in this Action.

12 2.14 Professional Vendors: Persons or entities that provide litigation

13 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or

14 || demonstrations, and organizing, storing, or retrieving data in any form or medium)

15 || and their employees and subcontractors.

16 2.15 Protected Material: Any Disclosure or Discovery Material that is

17 || designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”

18 2.16 Receiving Party: A Party that receives Disclosure or Discovery

19 || Material from a Producing Party.

20 3. SCOPE

21 The protections conferred by this Stipulation and Order cover not only

22 || Protected Material (as defined above), but also (1) any information copied or

23 || extracted from Protected Material; (2) all copies, excerpts, summaries, or

24 || compilations of Protected Material; and (3) any testimony, conversations, or

25 || presentations by Parties or their Counsel that might reveal Protected Material.

26 Any use of Protected Material at trial will be governed by the orders of the

27 || trial judge. This Order does not govern the use of Protected Material at trial.

28

1 4. DURATION

2 Even after final disposition of this litigation, the confidentiality obligations

3 || imposed by this Order will remain in effect until a Designating Party agrees

4 || otherwise in writing or a court order otherwise directs. Final disposition will be

5 || deemed to be the later of (1) dismissal of all claims and defenses in this Action, with

6 || or without prejudice; and (2) final judgment herein after the completion and

7 || exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

8 || including the time limits for filing any motions or applications for extension of time

9 || pursuant to applicable law.

10 5. DESIGNATING PROTECTED MATERIAL

11 5.1 Exercise of Restraint and Care in Designating Material for

12 || Protection: Each Party or Non-Party that designates information or items for

13 || protection under this Order must take care to limit any such designation to specific

14 || material that qualifies under the appropriate standards. The Designating Party must

15 || designate for protection only those parts of material, documents, items, or oral or

16 || written communications that qualify so that other portions of the material,

17 || documents, items, or communications for which protection 1s not warranted are not

18 || swept unjustifiably within the ambit of this Order.

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

20 || that are shown to be clearly unjustified or that have been made for an improper

21 || purpose (e.g., to unnecessarily encumber the case development process or to impose

22 || unnecessary expenses and burdens on other parties) may expose the Designating

23 || Party to sanctions.

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

25 || designated for protection do not qualify for protection, that Designating Party must

26 || promptly notify all other Parties that it is withdrawing the inapplicable designation.

27 5.2 Manner and Timing of Designations. Except as otherwise

28 || provided in this Order (see, e.g., second paragraph of Section 5.2(a) below), or as

1 || otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for

2 || protection under this Order must be clearly so designated before the material is

3 || disclosed or produced.

4 Designation in conformity with this Order requires:

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

6 || documents, but excluding transcripts of depositions or other pretrial or trial

7 || proceedings), that the Producing Party affix at a minimum, the legend

8 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”’), to each page that

9 || contains protected material. If only a portion or portions of the material on a page

10 || qualifies for protection, the Producing Party also must clearly identify the protected

11 || portion(s) (e.g., by making appropriate markings in the margins).

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

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

|| which documents it would like copied and produced. During the inspection and

15 || before the designation, all of the material made available for inspection will be

16 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the

17 || documents it wants copied and produced, the Producing Party must determine which

18 || documents, or portions thereof, qualify for protection under this Order. Then, before

19 || producing the specified documents, the Producing Party must affix the

20 || “CONFIDENTIAL legend” (or ‘ATTORNEYS’ EYES ONLY” if applicable) to

21 || each page that contains Protected Material.

22 If only a portion or portions of the material on a page qualifies for protection,

23 || the Producing Party also must clearly identify the protected portion(s) (e.g., by

24 || making appropriate markings in the margins).

25 (b) for testimony given in depositions that the Designating Party identify

26 || the Disclosure or Discovery Material on the record, before the close of the

27 || deposition all protected testimony.

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

1 || any other tangible items, that the Producing Party affix in a prominent place on the

2 || exterior of the container or containers in which the information is stored the legend

3 || “CONFIDENTIAL” (or “ATTORNEYS’ EYES ONLY if applicable). If only a

4 || portion or portions of the information warrants protection, the Producing Party, to

5 || the extent practicable, will identify the protected portion(s).

6 5.3. Inadvertent Failures to Designate. If timely corrected, an

7 || inadvertent failure to designate qualified information or items does not, standing

8 || alone, waive the Designating Party’s right to secure protection under this Order for

9 ||such material. Upon timely correction of a designation, the Receiving Party must

10 || make reasonable efforts to assure that the material is treated in accordance with the

11 || provisions of this Order.

12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

13 6.1 Timing of Challenges. Any Party or Non-Party may challenge

14 || a designation of confidentiality at any time that is consistent with the Court’s

15 || Scheduling Order.

16 6.2 Meet and Confer. The Challenging Party will initiate the dispute

17 || resolution process (and, if necessary, file a discovery motion) under Local

18 || Rule 37.1, et seq.

19 6.3 The burden of persuasion in any such challenge proceeding will

20 || be on the Designating Party. Frivolous challenges, and those made for an improper

21 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other

22 || parties) may expose the Challenging Party to sanctions. Unless the Designating

23 || Party has waived or withdrawn the confidentiality designation, all parties will

24 || continue to afford the material in question the level of protection to which it is

25 || entitled under the Producing Party’s designation until the Court rules on the

26 || challenge.

27 7. ACCESS TO AND USE OF PROTECTED MATERIAL

28 7.1 Basic Principles. A Receiving Party may use Protected Material

1 || that is disclosed or produced by another Party or by a Non-Party in connection with

2 || this Action only for prosecuting, defending, or attempting to settle this Action. Such

3 || Protected Material may be disclosed only to the categories of persons and under the

4 || conditions described in this Order. When the Action has been terminated,

5 ||a Receiving Party must comply with the provisions of section 13 below (FINAL

6 || DISPOSITION).

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

8 ||a location and in a secure manner that ensures that access is limited to the persons

9 || authorized under this Order.

10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

11 || otherwise ordered by the court or permitted in writing by the Designating Party,

12 ||a Receiving Party may disclose any information or item designated

13 || “CONFIDENTIAL” only to:

14 (a) the Receiving Party’s Outside Counsel of Record in this

15 || Action, as well as employees of said Outside Counsel of Record to whom it is

16 || reasonably necessary to disclose the information for this Action;

17 (b) the officers, directors, and employees (including House

18 || Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this

19 || Action;

20 (c) Experts (as defined in this Order) of the Receiving Party to

21 || whom disclosure is reasonably necessary for this Action and who have signed the

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

23 (d) the Court and its personnel;

24 (e) court reporters and their staff;

25 (f) professional jury or trial consultants, mock jurors, and

26 || Professional Vendors to whom disclosure is reasonably necessary for this Action

27 || and who have signed the “Acknowledgment and Agreement to Be Bound”

28 || (Exhibit A);

1 (g) the author or recipient of a document containing the

2 || information or a custodian or other person who otherwise possessed or knew the

3 || information;

4 (h) during their depositions, witnesses, and attorneys for

5 || witnesses, in the Action to whom disclosure is reasonably necessary provided:

6 || (1) the deposing party requests that the witness sign the form attached as Exhibit A

7 || hereto; and (2) they will not be permitted to keep any confidential information

8 || unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A),

9 || unless otherwise agreed by the Designating Party or ordered by the court. Pages of

10 || transcribed deposition testimony or exhibits to depositions that reveal Protected

11 || Material may be separately bound by the court reporter and may not be disclosed to

12 || anyone except as permitted under this Stipulated Protective Order; and

13 (i) | any mediator or settlement officer, and their supporting

14 || personnel, mutually agreed upon by any of the parties engaged in settlement

15 || discussions.

16 7.3. Disclosure of “ATTORNEYS’ EYES ONLY” Information or

|| Items. Unless otherwise ordered by the court or permitted in writing by the

18 || Designating Party, a Receiving Party may disclose any information or item

19 || designated “ATTORNEYS’ EYES ONLY” only to:

20 (a) the Receiving Party’s Outside Counsel of Record in this

21 || Action, as well as employees of said Outside Counsel of Record to whom it is

22 || reasonably necessary to disclose the information for this Action;

23 (b) Experts (as defined in this Order) of the Receiving Party to

24 || whom disclosure is reasonably necessary for this Action and who have signed the

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

26 (c) the Court and its personnel;

27 (d) court reporters and their staff;

28 (ec) the author or recipient of a document containing the

1 || information or a custodian or other person who otherwise possessed or knew the

2 || information;

3 (f) any mediator or settlement officer, and their supporting

4 || personnel, mutually agreed upon by any of the parties engaged in settlement

5 || discussions.

6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

7 PRODUCED IN OTHER LITIGATION

8 If a Party is served with a subpoena or a court order issued in other litigation

9 || that compels disclosure of any information or items designated in this Action as

10 || “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” that Party must:

11 (a) promptly notify in writing the Designating Party. Such

12 || notification will include a copy of the subpoena or court order;

13 (b) promptly notify in writing the party who caused the subpoena or

14 || order to issue in the other litigation that some or all of the material covered by the

15 || subpoena or order is subject to this Protective Order. Such notification will include a

16 || copy of this Stipulated Protective Order; and

17 (c) cooperate with respect to all reasonable procedures sought to be

18 || pursued by the Designating Party whose Protected Material may be affected.

19 If the Designating Party timely seeks a protective order, the Party served with

20 || the subpoena or court order will not produce any information designated in this

21 || action as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a

22 || determination by the court from which the subpoena or order issued, unless the

23 || Party has obtained the Designating Party’s permission. The Designating Party will

24 || bear the burden and expense of seeking protection in that court of its confidential

25 || material and nothing in these provisions should be construed as authorizing or

26 || encouraging a Receiving Party in this Action to disobey a lawful directive from

27 || another court.

28

1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

2 PRODUCED IN THIS LITIGATION

3 (a) The terms of this Order are applicable to information produced

4 || by a Non-Party in this Action and designated as “CONFIDENTIAL” or

5 ||“ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in

6 || connection with this litigation is protected by the remedies and relief provided by

7 || this Order. Nothing in these provisions should be construed as prohibiting a Non-

8 || Party from seeking additional protections.

9 (b) In the event that a Party is required, by a valid discovery request,

10 || to produce a Non-Party’s confidential information in its possession, and the Party is

11 || subject to an agreement with the Non-Party not to produce the Non-Party’s

12 || confidential information, then the Party will:

13 (1) promptly notify in writing the Requesting Party and the

14 || Non-Party that some or all of the information requested is subject to

15 ||a confidentiality agreement with a Non-Party;

16 (2) promptly provide the Non-Party with a copy of the

17 || Stipulated Protective Order in this Action, the relevant discovery request(s), and

18 ||a reasonably specific description of the information requested; and

19 (3) make the information requested available for inspection by

20 || the Non-Party, if requested.

21 (c) Ifthe Non-Party fails to seek a protective order from this court

22 || within 14 days of receiving the notice and accompanying information, the Receiving

23 || Party may produce the Non-Party’s confidential information responsive to the

24 || discovery request. If the Non-Party timely seeks a protective order, the Receiving

25 || Party will not produce any information in its possession or control that 1s subject to

26 || the confidentiality agreement with the Non-Party before a determination by the

27 || court. Absent a court order to the contrary, the Non-Party will bear the burden and

28 || expense of seeking protection in this court of its Protected Material.

1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

3 || Protected Material to any person or in any circumstance not authorized under this

4 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in

5 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

6 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

7 || persons to whom unauthorized disclosures were made of all the terms of this Order,

8 || and (d) request such person or persons to execute the “Acknowledgment and

9 || Agreement to Be Bound” that is attached hereto as Exhibit A.

10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR

11 OTHERWISE PROTECTED MATERIAL

12 When a Producing Party gives notice to Receiving Parties that certain

13 || inadvertently produced material is subject to a claim of privilege or other protection,

14 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

15 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever

16 || procedure may be established in an e-discovery order that provides for production

17 || without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

18 || (e), insofar as the parties reach an agreement on the effect of disclosure of

19 ||a communication or information covered by the attorney-client privilege or work

20 || product protection, the parties may incorporate their agreement in the stipulated

21 || protective order submitted to the court.

22 12, MISCELLANEOUS

23 12.1 Right to Further Relief. Nothing in this Order abridges the right

24 || of any person to seek its modification by the Court in the future.

25 12.2 Right to Assert Other Objections. By stipulating to the entry of

26 || this Protective Order no Party waives any right it otherwise would have to object to

27 || disclosing or producing any information or item on any ground not addressed in this

28 || Stipulated Protective Order. Similarly, no Party waives any right to object on any

1 || ground to use in evidence of any of the material covered by this Protective Order.

2 12.3 Filing Protected Material. A Party that seeks to file under seal

3 || any Protected Material must comply with Civil Local Rule 79-5. Protected Material

4 || may only be filed under seal pursuant to a court order authorizing the sealing of the

5 || specific Protected Material at issue. If a Party’s request to file Protected Material

6 || under seal is denied by the court, then the Receiving Party may file the information

7 || in the public record unless otherwise instructed by the court.

8 13. FINAL DISPOSITION

9 After the final disposition of this Action, as defined in paragraph 4, within 60

10 || days of a written request by the Designating Party, each Receiving Party must return

11 |} all Protected Material to the Producing Party or destroy such material. As used in

12 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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

14 || Material. Whether the Protected Material is returned or destroyed, the Receiving

15 || Party must submit a written certification to the Producing Party (and, if not the same

16 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

17 || (by category, where appropriate) all the Protected Material that was returned or

18 || destroyed and (2) affirms that the Receiving Party has not retained any copies,

19 || abstracts, compilations, summaries or any other format reproducing or capturing any

20 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 13

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

22 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

23 || reports, attorney work product, and consultant and expert work product, even if such

24 || materials contain Protected Material. Any such archival copies that contain or

25 || constitute Protected Material remain subject to this Protective Order as set forth in

26 || Section 4 (DURATION).

27 Any willful violation of this Order may be punished by civil or criminal

28 || contempt proceedings, financial or evidentiary sanctions, reference to disciplinary

1 || authorities, or other appropriate action at the discretion of the Court.

2

3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

4

5 Local Rule 5-4.3.4(a)(2)(i) Compliance: Filer attests that all other

6 || signatories listed concur in the filing’s content and have authorized this filing.

7

8 || DATED: December 2, 2019 Mortgage Recovery Law Group LLP

9

By: /s/ Paul A. Levin

10 Paul A. Levin

11 Attorneys for Plaintiffs

12

DATED: December 2, 2019 Etan Mark

13 Donald J. Hayden

14 Mark Migdal & Hayden

15 By: /s/ Etan Mark

16 Etan Mark

7 Attorneys for Plaintiffs

8 DATED: December 2, 2019 Jason Jones, Attorney at Law

19

0 By: /s/ Jason Jones

Jason Jones

21 Attorneys for Plaintiffs

22

23

24

25

26

27

28

1|}DATED: December 2, 2019 Mark T. Drooks

Paul S. Chan

Gopi K. Panchapakesan

3 Bird, Marella, Boxer, Wolpert, Nessim,

4 Drooks, Lincenberg & Rhow, P.C.

5 By: /s/ Mark T. Drooks

6 Mark T. Drooks

Attorneys for Defendant Herbalife

7 International of America, Inc.

9 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

10

11

12 DATED: December 2, 2019

13

MW lit

15 HON. MICHAEL R. WILNER

16 United States Magistrate Judge

17

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28

1 EXHIBIT A

2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND

3 I, [full name], of

4 || [full address], declare under penalty of perjury that I have read in its entirety and

5 || understand the Stipulated Protective Order that was issued by the United States

6 || District Court for the Central District of California on [date] in the case of [insert

7 || case name and number]. | agree to comply with and to be bound by all the terms

8 || of this Stipulated Protective Order and I understand and acknowledge that failure to

9 ||so comply could expose me to sanctions and punishment in the nature of contempt.

10 || I solemnly promise that I will not disclose in any manner any information or item

11 || that is subject to this Stipulated Protective Order to any person or entity except in

12 || strict compliance with the provisions of this Order.

13 I further agree to submit to the jurisdiction of the United States District Court

14 || for the Central District of California for the purpose of enforcing the terms of this

15 || Stipulated Protective Order, even if such enforcement proceedings occur after

16 || termination of this action. I hereby appoint [full name] of

17 [full address and

18 || telephone number] as my California agent for service of process in connection with

19 || this action or any proceedings related to enforcement of this Stipulated Protective

20 || Order.

21 || Date:

22

23 || City and State where signed:

24

25 || Printed Name:

26

27 || Signature:

28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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