Andranik Kirakosyan v. Caliber Holdings Corporation

1 MORGAN, LEWIS & BOCKIUS LLP

Jason S. Mills (SBN 225126)

2 jason.mills@morganlewis.com

Karen Y. Cho (SBN 274810)

3 karen.cho@morganlewis.com

300 South Grand Avenue

4 Twenty-Second Floor

Los Angeles, CA 90071-3132

5 Tel: +1.213.612.2500

Fax: +1.213.612.2501

6

Attorneys for Defendant

7 CALIBER HOLDINGS CORPORATION

8

9 UNITED STATES DISTRICT COURT

10 CENTRAL DISTRICT OF CALIFORNIA

11

12 ANDRANIK KIRAKOSYAN, an Case No. 2:19-cv-10477

individual,

13 STIPULATED PROTECTIVE

Plaintiff, ORDER

14

vs.

15

CALIBER HOLDINGS

16 CORPORATION d/b/a CALIBER

COLLISION, a Delaware Corporation;

17 and DOES 1 through 20, inclusive,

18 Defendant.

19

20 Plaintiff Andranik Kirakosyan (“Plaintiff”), and Defendant Caliber Holdings

21 Corporation (“Defendant”) (collectively, the “parties”), by and through their

22 respective counsel, hereby stipulate and agree as follows:

23 1. PURPOSES AND LIMITATIONS

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

25 proprietary or private information for which special protection from public

26 disclosure and from use for any purpose other than pursuing this litigation may be

27 warranted. Accordingly, the parties hereby stipulate to and petition the Court to

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

1 Order does not confer blanket protections on all disclosures or responses to

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

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

4 under the applicable legal principles.

5 2. GOOD CAUSE STATEMENT

6 This action is very likely to involve commercial, financial, technical and/or

7 proprietary information for which special protection from public disclosure and

8 from use for any purpose other than prosecution of this action is warranted. Such

9 confidential and proprietary materials and information consist of, among other

10 things, confidential business or financial information, information regarding

11 confidential business practices, or other confidential research, development, or

12 commercial information (including information implicating privacy rights of third

13 parties), information otherwise generally unavailable to the public, or which may be

14 privileged or otherwise protected from disclosure under state or federal statutes,

15 court rules, case decisions, or common law. Accordingly, to expedite the flow of

16 information, to facilitate the prompt resolution of disputes over confidentiality of

17 discovery materials, to adequately protect information the parties are entitled to

18 keep confidential, to ensure that the parties are permitted reasonable necessary uses

19 of such material in preparation for and in the conduct of trial, to address their

20 handling at the end of the litigation, and serve the ends of justice, a protective order

21 for such information is justified in this matter. It is the intent of the parties that

22 information will not be designated as confidential for tactical reasons and that

23 nothing be so designated without a good faith belief that it has been maintained in a

24 confidential, non-public manner, and there is good cause why it should not be part

25 of the public record of this case.

26 3. ACKNOWLEDGEMENT OF UNDER SEAL FILING PROCEDURE

27 The parties further acknowledge, as set forth in Section 14.3, below, that this

28 Stipulated Protective Order does not entitle them to file confidential information

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

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

3 to file material under seal. There is a strong presumption that the public has a right

4 of access to judicial proceedings and records in civil cases. In connection with non-

5 dispositive motions, good cause must be shown to support a filing under seal. See

6 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),

7 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-

8 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even

9 stipulated protective orders require good cause showing), and a specific showing of

10 good cause or compelling reasons with proper evidentiary support and legal

11 justification, must be made with respect to Protected Material that a party seeks to

12 file under seal. The parties’ mere designation of Disclosure or Discovery Material

13 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES

14 ONLY” does not—without the submission of competent evidence by declaration,

15 establishing that the material sought to be filed under seal qualifies as confidential,

16 privileged, or otherwise protectable—constitute good cause.

17 Further, if a party requests sealing related to a dispositive motion or trial,

18 then compelling reasons, not only good cause, for the sealing must be shown, and

19 the relief sought shall be narrowly tailored to serve the specific interest to be

20 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.

21 2010). For each item or type of information, document, or thing sought to be filed

22 or introduced under seal, the party seeking protection must articulate compelling

23 reasons, supported by specific facts and legal justification, for the requested sealing

24 order. Again, competent evidence supporting the application to file documents

25 under seal must be provided by declaration.

26 Any document that is not confidential, privileged, or otherwise protectable in

27 its entirety will not be filed under seal if the confidential portions can be redacted.

28 If documents can be redacted, then a redacted version for public viewing, omitting

1 only the confidential, privileged, or otherwise protectable portions of the document,

2 shall be filed. Any application that seeks to file documents under seal in their

3 entirety should include an explanation of why redaction is not feasible.

4 4. DEFINITIONS

5 4.1 Action: Andranik Kirakosyan v. Caliber Holdings Corp., District

6 Court of Central District of California, Case No. 2:19-cv-10477.

7 4.2 Challenging Party: a Party or Non-Party that challenges the

8 designation of information or items under this Order.

9 4.3 “CONFIDENTIAL” Information or Items: information (regardless of

10 how it is generated, stored or maintained) or tangible things that qualify for

11 protection under Federal Rule of Civil Procedure 26(c), and as specified above in

12 the Good Cause Statement.

13 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as

14 their support staff).

15 4.5 Designating Party: a Party or Non-Party that designates information or

16 items that it produces in disclosures or in responses to discovery as

17 “CONFIDENTIAL.”

18 4.6 Disclosure or Discovery Material: all items or information, regardless

19 of the medium or manner in which it is generated, stored, or maintained (including,

20 among other things, testimony, transcripts, and tangible things), that are produced

21 or generated in disclosures or responses to discovery.

22 4.7 Expert: a person with specialized knowledge or experience in a matter

23 pertinent to the litigation who has been retained by a Party or its counsel to serve as

24 an expert witness or as a consultant in this Action.

25 4.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

26 Information or Items: any “CONFIDENTIAL” information as defined in section

27 4.3 which also includes extremely sensitive, highly confidential, non-public

28 information, consisting either of trade secrets or proprietary or other highly

1 confidential business, financial, regulatory, or strategic information (including

2 information regarding business plans, technical data, and non-public designs), the

3 disclosure of which would create a substantial risk of competitive or business injury

4 to the Producing Party.

5 4.8 House Counsel: attorneys who are employees of a party to this Action.

6 House Counsel does not include Outside Counsel of Record or any other outside

7 counsel.

8 4.9 Non-Party: any natural person, partnership, corporation, association or

9 other legal entity not named as a Party to this action.

10 4.10 Outside Counsel of Record: attorneys who are not employees of a

11 party to this Action but are retained to represent a party to this Action and have

12 appeared in this Action on behalf of that party or are affiliated with a law firm that

13 has appeared on behalf of that party, and includes support staff.

14 4.11 Party: any party to this Action, including all of its officers, directors,

15 employees, consultants, retained experts, and Outside Counsel of Record (and their

16 support staffs).

17 4.12 Producing Party: a Party or Non-Party that produces Disclosure or

18 Discovery Material in this Action.

19 4.13 Professional Vendors: persons or entities that provide litigation

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

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

22 and their employees and subcontractors.

23 4.14 Protected Material: any Disclosure or Discovery Material that is

24 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—

25 ATTORNEYS’ EYES ONLY.”

26 4.15 Receiving Party: a Party that receives Disclosure or Discovery

27 Material from a Producing Party.

28 5. SCOPE

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

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

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

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

5 presentations by Parties or their Counsel that might reveal Protected Material. Any

6 use of Protected Material at trial shall be governed by the orders of the trial judge

7 and other applicable authorities. This Order does not govern the use of Protected

8 Material at trial.

9 6. DURATION

10 Once a case proceeds to trial, information that was designated as

11 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES

12 ONLY,” or maintained pursuant to this protective order used or introduced as an

13 exhibit at trial becomes public and will be presumptively available to all members

14 of the public, including the press, unless compelling reasons supported by specific

15 factual findings to proceed otherwise are made to the trial judge in advance of the

16 trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for

17 sealing documents produced in discovery from “compelling reasons” standard when

18 merits-related documents are part of court record). Accordingly, the terms of this

19 protective order do not extend beyond the commencement of the trial.

20 7. DESIGNATING PROTECTED MATERIAL

21 7.1 Exercise of Restraint and Care in Designating Material for Protection.

22 Each Party or Non-Party that designates information or items for protection under

23 this Order must take care to limit any such designation to specific material that

24 qualifies under the appropriate standards. The Designating Party must designate for

25 protection only those parts of material, documents, items or oral or written

26 communications that qualify so that other portions of the material, documents,

27 items or communications for which protection is not warranted are not swept

28 unjustifiably within the ambit of this Order.

1 Mass, indiscriminate or routinized designations are prohibited. Designations

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

3 purpose (e.g., to unnecessarily encumber the case development process or to

4 impose unnecessary expenses and burdens on other parties) may expose the

5 Designating Party to sanctions.

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

7 designated for protection do not qualify for protection, that Designating Party must

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

9 7.2 Manner and Timing of Designations. Except as otherwise provided in

10 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material

11 that qualifies for protection under this Order must be clearly so designated before

12 the material is disclosed or produced.

13 Designation in conformity with this Order requires:

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

15 documents, but excluding transcripts of depositions or other pretrial or trial

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

17 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY

18 CONFIDENTIAL—ATTORNEYS’ EYES ONLY” (hereinafter “HIGHLY

19 CONFIDENTIAL legend”), to each page that contains protected material. If only a

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

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

22 in the margins).

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

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

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

26 before the designation, all of the material made available for inspection shall be

27 deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’

28 EYES ONLY.” After the inspecting Party has identified the documents it wants

1 copied and produced, the Producing Party must determine which documents, or

2 portions thereof, qualify for protection under this Order. Then, before producing the

3 specified documents, the Producing Party must affix the “CONFIDENTIAL

4 legend” or “HIGHLY CONFIDENTIAL legend” to each page that contains

5 Protected Material. If only a portion of the material on a page qualifies for

6 protection, the Producing Party also must clearly identify the protected portion(s)

7 (e.g., by making appropriate markings in the margins).

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

9 identifies the Disclosure or Discovery Material on the record, before the close of

10 the deposition all protected testimony.

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

12 for any other tangible items, that the Producing Party affix in a prominent place on

13 the exterior of the container or containers in which the information is stored the

14 legend “CONFIDENTIAL.” If only a portion or portions of the information

15 warrants protection, the Producing Party, to the extent practicable, shall identify the

16 protected portion(s).

17 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

18 failure to designate qualified information or items does not, standing alone, waive

19 the Designating Party’s right to secure protection under this Order for such

20 material. Upon timely correction of a designation, the Receiving Party must make

21 reasonable efforts to assure that the material is treated in accordance with the

22 provisions of this Order.

23 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

24 8.1. Timing of Challenges. Any Party or Non-Party may challenge a

25 designation of confidentiality at any time that is consistent with the Court’s

26 Scheduling Order.

27 8.2 Meet and Confer. The Challenging Party shall initiate the dispute

28 resolution process under Local Rule 37-1 et seq.

1 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a

2 joint stipulation pursuant to Local Rule 37-2.

3 8.4 The burden of persuasion in any such challenge proceeding shall be on

4 the Designating Party. Frivolous challenges, and those made for an improper

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

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

7 Party has waived or withdrawn the confidentiality designation, all parties shall

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

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

10 challenge.

11 9. ACCESS TO AND USE OF PROTECTED MATERIAL

12 9.1 Basic Principles. A Receiving Party may use Protected Material that is

13 disclosed or produced by another Party or by a Non-Party in connection with this

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

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

16 conditions described in this Order. When the Action has been terminated, a

17 Receiving Party must comply with the provisions of section 15 below (FINAL

18 DISPOSITION).

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

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

21 authorized under this Order.

22 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

23 otherwise ordered by the court or permitted in writing by the Designating Party, a

24 Receiving Party may disclose any information or item designated

25 CONFIDENTIAL” only to:

26 (a) the Receiving Party’s Outside Counsel of Record in this Action, as

27 well as employees of said Outside Counsel of Record to whom it is reasonably

28 necessary to disclose the information for this Action;

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

2 Counsel) of the Receiving Party to whom disclosure is reasonably necessary

3 for this Action;

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

5 disclosure is reasonably necessary for this Action and who have signed the

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

7 (d) the court and its personnel;

8 (e) court reporters and their staff;

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

10 Vendors to whom disclosure is reasonably necessary for this Action and who have

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

12 (g) the author or recipient of a document containing the information or

13 a custodian or other person who otherwise possessed or knew the information;

14 (h) during their depositions, witnesses, and attorneys for witnesses, in

15 the Action to whom disclosure is reasonably necessary provided: (1) the deposing

16 party requests that the witness sign the form attached as Exhibit A hereto; and (2)

17 they will not be permitted to keep any confidential information unless they sign the

18 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

19 agreed by the Designating Party or ordered by the court. Pages of transcribed

20 deposition testimony or exhibits to depositions that reveal Protected Material may

21 be separately bound by the court reporter and may not be disclosed to anyone

22 except as permitted under this Stipulated Protective Order; and

23 (i) any mediators or settlement officers and their supporting personnel,

24 mutually agreed upon by any of the parties engaged in settlement discussions.

25 9.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

26 ONLY.” Unless otherwise ordered by the Court or permitted in writing by the

27 Designating Party, Counsel of Record may not allow access to “HIGHLY

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1 CONFIDENTIAL—ATTORNEYS’ EYES ONLY” Discovery Materials produced

2 by another party except as provided:

3 (a) to the Receiving Party’s Counsel of Record in this action, as well

4 as employees or regular contractors of said Counsel of Record to whom it is

5 reasonably necessary to disclose the information for this litigation and who have

6 signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto

7 as Exhibit A;

8 (b) to the Experts of the Receiving Party (1) to whom disclosure is

9 reasonably necessary for this litigation and (2) who have signed the

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

11 (c) the Court and its personnel;

12 (d) to Plaintiff in this action, but only to the extent that Plaintiff is

13 solely permitted to review in person such Discovery Materials at his Counsel of

14 Record’s office without removing from his counsel’s office the Discovery

15 Materials, copies of the Discovery Materials, or any written or otherwise recorded

16 notes (including his own) concerning the Discovery Materials; nor will Plaintiff be

17 provided any written summary or description of such Discovery Materials.

18 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED

19 PRODUCED IN OTHER LITIGATION

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

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

22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

23 ONLY,” that Party must:

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

25 shall include a copy of the subpoena or court order;

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

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

28 subpoena or order is subject to this Protective Order. Such notification shall include

1 a copy of this Stipulated Protective Order; and

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

3 pursued by the Designating Party whose Protected Material may be affected. If the

4 Designating Party timely seeks a protective order, the Party served with the

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

6 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

7 ONLY” before a determination by the court from which the subpoena or order

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

9 Designating Party shall bear the burden and expense of seeking protection in that

10 court of its confidential material and nothing in these provisions should be

11 construed as authorizing or encouraging a Receiving Party in this Action to disobey

12 a lawful directive from another court.

13 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

14 PRODUCED IN THIS LITIGATION

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

16 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

17 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced

18 by Non-Parties in connection with this litigation is protected by the remedies and

19 relief provided by this Order. Nothing in these provisions should be construed as

20 prohibiting a Non-Party from seeking additional protections.

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

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

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

24 confidential information, then the Party shall:

25 (1) promptly notify in writing the Requesting Party and the Non-

26 Party that some or all of the information requested is subject to a confidentiality

27 agreement with a Non-Party;

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

1 Stipulated Protective Order in this Action, the relevant discovery request(s), and a

2 reasonably specific description of the information requested; and

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

4 the Non-Party, if requested.

5 (c) If the Non-Party fails to seek a protective order from this court

6 within 14 days of receiving the notice and accompanying information, the

7 Receiving Party may produce the Non-Party’s confidential information responsive

8 to the discovery request. If the Non-Party timely seeks a protective order, the

9 Receiving Party shall not produce any information in its possession or control that

10 is subject to the confidentiality agreement with the Non-Party before a

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

12 bear the burden and expense of seeking protection in this court of its Protected

13 Material.

14 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

18 writing the Designating Party of the unauthorized disclosures, (b) use its best

19 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the

20 person or persons to whom unauthorized disclosures were made of all the terms of

21 this Order, and (d) request such person or persons to execute the “Acknowledgment

22 an Agreement to Be Bound” attached hereto as Exhibit A.

23 13. INADVERTENT PRODUCTION OF PRIVILEGED OR

24 OTHERWISE PROTECTED MATERIAL

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

26 inadvertently produced material is subject to a claim of privilege or other

27 protection, the obligations of the Receiving Parties are those set forth in Federal

28 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

1 whatever procedure may be established in an e-discovery order that provides for

2 production without prior privilege review. Pursuant to Federal Rule of Evidence

3 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

4 of a communication or information covered by the attorney-client privilege or work

5 product protection, the parties may incorporate their agreement in the stipulated

6 protective order submitted to the court.

7 14. MISCELLANEOUS

8 14.1 Right to Further Relief. Nothing in this Order abridges the right of any

9 person to seek its modification by the Court in the future.

10 14.2 Right to Assert Other Objections. By stipulating to the entry of this

11 Protective Order, no Party waives any right it otherwise would have to object to

12 disclosing or producing any information or item on any ground not addressed in

13 this Stipulated Protective Order. Similarly, no Party waives any right to object on

14 any ground to use in evidence of any of the material covered by this Protective

15 Order.

16 14.3 Filing Protected Material. A Party that seeks to file under seal any

17 Protected Material must comply with Local Civil Rule 79-5. Protected Material

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

19 specific Protected Material. If a Party’s request to file Protected Material under seal

20 is denied by the court, then the Receiving Party may file the information in the

21 public record unless otherwise instructed by the court.

22 15. FINAL DISPOSITION

23 After the final disposition of this Action, as defined in section 6, within 60

24 days of a written request by the Designating Party, each Receiving Party must

25 return all Protected Material to the Producing Party or destroy such material. As

26 used in this subdivision, “all Protected Material” includes all copies, abstracts,

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

28 Protected Material. Whether the Protected Material is returned or destroyed, the

1 || Receiving Party must submit a written certification to the Producing Party (and, if

2 || not the same person or entity, to the Designating Party) by the 60-day deadline that

3 || (1) identifies (by category, where appropriate) all the Protected Material that was

4 || returned or destroyed and (2) affirms that the Receiving Party has not retained any

5 || copies, abstracts, compilations, summaries or any other format reproducing or

6 || capturing any of the Protected Material. Notwithstanding this provision, Counsel

7 || are entitled to retain an archival copy of all pleadings, motion papers, trial,

8 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition

9 || and trial exhibits, expert reports, attorney work product, and consultant and expert

10 || work product, even if such materials contain Protected Material. Any such archival

11 || copies that contain or constitute Protected Material remain subject to this Protective

12 || Order as set forth in section 6 (DURATION).

13 16. VIOLATION

14 Any violation of this Order may be punished by appropriate measures

15 || including, without limitation, contempt proceedings and/or monetary sanctions.

16 | ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

17 || Dated: March 27, 2020 MORGAN, LEWIS & BOCKIUS LLP

18 | =

19 By _< —_

□□□ □□ BINGS

09 CORPORATION

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Law STIPULATED PROTECTIVE ORDER

1 || Dated: March 27, 2020 LEVIN & NALBANDYAN, LLP

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3 By /s/Tanganica J. Turner

A. Jacob Nalbandyan

4 Tanganica J. Turner

Attorneys for Plaintiff

5 ANDRANIK KIRAKOSYAN

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: March 27, 2020

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Hayorable John E. McDermott, Magistrate Judge

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LEWIs &

STIPULATED PROTECTIVE ORDER

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, [print or type full name], of [print or type full address], declare under

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

5 Protective Order that was issued by the United States District Court for the Central

6 District of California on [date] in the case of Andranik Kirakosyan v. Caliber

7 Holdings Corporation, et al., Case No. 2:19-cv-10477-CJC-JEM. I agree to comply

8 with and to be bound by all the terms of this Stipulated Protective Order and I

9 understand and acknowledge that failure to so comply could expose me to sanctions

10 and punishment in the nature of contempt. I solemnly promise that I will not

11 disclose in any manner any information or item that is subject to this Stipulated

12 Protective Order to any person or entity except in strict compliance with the

13 provisions of this Order.

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

15 for the Central District of California for the purpose of enforcing the terms of this

16 Stipulated Protective Order, even if such enforcement proceedings occur after

17 termination of this action. I hereby appoint [print or type full name] of [print or type

18 full address and telephone number] as my California agent for service of process in

19 connection with this action or any proceedings related to enforcement of this

20 Stipulated Protective Order.

21 Date: ________________________

22 City and State where sworn and signed: ______________________________

23 Printed name: ____________________________________

24 Signature: __________________________________________

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