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
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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
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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
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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