Craig Cunningham v. GHS Interactive Security, LLC

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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11 Craig Cunningham, Case No. 2:19-cv-06599-TJH-GJS

12 Plaintiff,

STIPULATED PROTECTIVE

13 v. ORDER1

14 GHS Interactive Security, LLC, et al.

15 Defendant.

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1. A. PURPOSES AND LIMITATIONS

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

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proprietary or private information for which special protection from public

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

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

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

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

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

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

2 under the applicable legal principles.

3 B. GOOD CAUSE STATEMENT

4 This action concerns a dispute over whether Defendant GHS Interactive

5 Security, LLC (“GHS”) and other recently added defendants committed violations

6 of the Telephone Consumer Protection Act (“TCPA”). In addition, GHS has

7 asserted third-party claims against those recently added defendants, all of whom are

8 former sales agents of GHS and one of whom is a former employee of GHS. GHS

9 believes that discovery in this action will involve confidential, proprietary and trade

10 secret information and documents concerning, among other topics, GHS’s customer

11 and prospect lists, proprietary business strategy, and/or details of employee

12 compensation, details of vendor compensation for which special protection from

13 public disclosure and from use for any purpose other than prosecution of this action

14 is warranted. Such confidential and proprietary materials and information consist

15 of, among other things, confidential business or financial information, information

16 regarding confidential business practices, or other confidential research,

17 development, or commercial information (including information implicating privacy

18 rights of third parties, including, but not limited to, customers and prospective

19 customers), information otherwise generally unavailable to the public, or which may

20 be privileged or otherwise protected from disclosure under state or federal statutes,

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

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

23 discovery materials, to adequately protect information the parties are entitled to keep

24 confidential, to ensure that the parties are permitted reasonable necessary uses of

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

26 at the end of the litigation, and to serve the ends of justice, a protective order for

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

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

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

3 of the public record of this case.

4 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

5 The parties further acknowledge, as set forth in Section 12.3, below, that this

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

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

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

9 to file material under seal.

10 There is a strong presumption that the public has a right of access to judicial

11 proceedings and records in civil cases. In connection with non-dispositive motions,

12 good cause must be shown to support a filing under seal. See Kamakana v. City and

13 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

14 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

15 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

16 require good cause showing), and a specific showing of good cause or compelling

17 reasons with proper evidentiary support and legal justification, must be made with

18 respect to Protected Material that a party seeks to file under seal. The parties’ mere

19 designation of Disclosure or Discovery Material as “CONFIDENTIAL” or

20 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” does not—without the

21 submission of competent evidence by declaration, establishing that the material

22 sought to be filed under seal qualifies as confidential, privileged, or otherwise

23 protectable—constitute good cause.

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

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

26 relief sought shall be narrowly tailored to serve the specific interest to be protected.

27 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For

1 under seal in connection with a dispositive motion or trial, the party seeking

2 protection must articulate compelling reasons, supported by specific facts and legal

3 justification, for the requested sealing order. Again, competent evidence supporting

4 the application to file documents under seal must be provided by declaration.

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

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

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

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

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

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

11 2. DEFINITIONS

12 2.1. Action: this pending federal lawsuit, Craig Cunningham v. GHS

13 Interactive Security, LLC et al., including related counterclaims and

14 third-party claims, Central District of California Case No. 2:19-cv-

15 06599-TJH-GJS.

16 2.2. Challenging Party: a Party or Non-Party that challenges the

17 designation of information or items under this Order.

18 2.3. “CONFIDENTIAL” Information or Items: information

19 (regardless of how it is generated, stored or maintained) or tangible

20 things that have not been made public by the disclosing party that

21 contains or comprises (a) trade secrets, (b) proprietary business

22 information, or (c) information implicating an individual’s legitimate

23 expectation of privacy.

24 2.4. “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

25 Information or Items: CONFIDENTIAL information that is so highly

26 sensitive that its disclosure to a competitor could result in significant or

27 commercial disadvantage to the designating party.

1 well as their support staff).

2 2.6. Designating Party: a Party or Non-Party that designates

3 information or items that it produces in disclosures or in responses to

4 discovery as “CONFIDENTIAL” or “CONFIDENTIAL –

5 ATTORNEYS’ EYES ONLY.”

6 2.7. Disclosure or Discovery Material: all items or information,

7 regardless of the medium or manner in which it is generated, stored, or

8 maintained (including, among other things, testimony, transcripts, and

9 tangible things), that are produced or generated in disclosures or

10 responses to discovery in this matter.

11 2.8. Expert: a person with specialized knowledge or experience in a

12 matter pertinent to the litigation who has been retained by a Party or its

13 counsel to serve as an expert witness or as a consultant in this Action.

14 2.9. House Counsel: attorneys who are employees of a party to this

15 Action. House Counsel does not include Outside Counsel of Record or

16 any other outside counsel.

17 2.10. Non-Party: any natural person, partnership, corporation,

18 association or other legal entity not named as a Party to this action.

19 2.11. Outside Counsel of Record: attorneys who are not employees of

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

21 this Action and have appeared in this Action on behalf of that party or

22 are affiliated with a law firm that has appeared on behalf of that party,

23 and includes support staff.

24 2.12. Party: any party to this Action, including all of its officers,

25 directors, employees, consultants, retained experts, and Outside

26 Counsel of Record (and their support staffs).

27 2.13. Producing Party: a Party or Non-Party that produces Disclosure

1 2.14. Professional Vendors: persons or entities that provide litigation

2 support services (e.g., photocopying, videotaping, translating, preparing

3 exhibits or demonstrations, and organizing, storing, or retrieving data in

4 any form or medium) and their employees and subcontractors.

5 2.15. Protected Material: any Disclosure or Discovery Material that is

6 designated as “CONFIDENTIAL” or “CONFIDENTIAL –

7 ATTORNEYS’ EYES ONLY.”

8 2.16. Receiving Party: a Party that receives Disclosure or Discovery

9 Material from a Producing Party.

3. SCOPE

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The protections conferred by this Stipulation and Order cover not only

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

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

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

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

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

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

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4. DURATION

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FINAL DISPOSITION of the action is defined as the conclusion of any

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appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal

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has run. Except as set forth below, the terms of this protective order apply through

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FINAL DISPOSITION of the action. The parties hereby stipulate that they will be

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contractually bound by the terms of this agreement beyond FINAL DISPOSITION,

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and understand that they will have to file a separate action for enforcement of the

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agreement once all proceedings in this case are complete.

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

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CONFIDENTIAL, “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or

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1 becomes public and will be presumptively available to all members of the public,

2 including the press, unless compelling reasons supported by specific factual findings

3 to proceed otherwise are made to the trial judge in advance of the trial. See

4 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing

5 documents produced in discovery from “compelling reasons” standard when merits-

6 related documents are part of court record). Accordingly, for such materials, the

7 terms of this protective order do not extend beyond the commencement of the trial.

8 5. DESIGNATING PROTECTED MATERIAL

9 5.1 Exercise of Restraint and Care in Designating Material for Protection.

10 Each Party or Non-Party must act reasonably and in good faith in designating any

11 material as CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS’ EYES

12 ONLY.” The Designating Party must take care to limit any such designation to

13 specific material that qualifies under the appropriate standards. The Designating

14 Party must designate for protection only those parts of material, documents, items or

15 oral or written communications that qualify so that other portions of the material,

16 documents, items or communications for which protection is not warranted are not

17 swept unjustifiably within the ambit of this Order.

18 Mass, indiscriminate or routinized designations are prohibited. Designations

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

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

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

22 Party to sanctions.

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

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

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

26 5.2 Manner and Timing of Designations. Except as otherwise provided in

27 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

1 under this Order must be clearly so designated before the material is disclosed or

2 produced. For Discovery Material produced prior to entry of this Order, the

3 Producing Party shall have two weeks from the entry of this Order to designate such

4 Discovery Material.

5 Designation in conformity with this Order requires:

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

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

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

9 “CONFIDENTIAL” or the legend “CONFIDENTIAL – ATTORNEYS’ EYES

10 ONLY” (hereinafter “CONFIDENTIAL legend” and “CONFIDENTIAL –

11 ATTORNEYS’ EYES ONLY legend,” respectively), to each page that contains

12 protected material. If only a portion of the material on a page qualifies for

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

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

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

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

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

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

19 deemed “CONFIDENTIAL.” After the inspecting Party has identified the

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

21 documents, or portions thereof, qualify for protection under this Order. Then,

22 before producing the specified documents, the Producing Party must affix the

23 “CONFIDENTIAL legend” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY

24 legend” to each page that contains Protected Material. If only a portion of the

25 material on a page qualifies for protection, the Producing Party also must clearly

26 identify the protected portion(s) (e.g., by making appropriate markings in the

27 margins).

1 the Disclosure or Discovery Material on the record, before the close of the

2 deposition all protected testimony.

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

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

5 the exterior of the container or containers in which the information is stored a

6 CONFIDENTIAL legend.” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY

7 legend” If only a portion or portions of the information warrants protection, the

8 Producing Party, to the extent practicable, shall identify the protected portion(s).

9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

11 the Designating Party’s right to secure protection under this Order for such material.

12 Upon timely correction of a designation, the Receiving Party must make reasonable

13 efforts to assure that the material is treated in accordance with the provisions of this

14 Order.

15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

16 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

18 Scheduling Order.

19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

20 resolution process under Local Rule 37.1 et seq.

21 6.3 The burden of persuasion in any such challenge proceeding shall be on

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

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

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

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

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

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

1 7. ACCESS TO AND USE OF PROTECTED MATERIAL

2 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

7 Receiving Party must comply with the provisions of section 13 below (FINAL

8 DISPOSITION).

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

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

11 authorized under this Order.

12 7.2 Disclosure of “CONFIDENTIAL” or “CONFIDENTIAL –

13 ATTORNEYS’ EYES ONLY” Information or Items. Unless otherwise ordered by

14 the court or permitted in writing by the Designating Party, a Receiving Party may

15 disclose any information or item designated “CONFIDENTIAL” or

16 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

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

18 as employees of said Outside Counsel of Record to whom it is reasonably necessary

19 to disclose the information for this Action;

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

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

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

23 (c) the court and its personnel;

24 (d) court reporters and their staff;

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

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

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

1 custodian or other person who otherwise possessed or knew the information;

2 (g) during their depositions, witnesses, whether or not they are parties to

3 the Action, and attorneys for witnesses, in the Action to whom disclosure is

4 reasonably necessary provided: (1) the deposing party requests that the witness sign

5 the form attached as Exhibit 1 hereto; and (2) they will not be permitted to keep any

6 confidential information unless they sign the “Acknowledgment and Agreement to

7 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered

8 by the court. Pages of transcribed deposition testimony or exhibits to depositions

9 that reveal Protected Material may be separately bound by the court reporter and

10 may not be disclosed to anyone except as permitted under this Stipulated Protective

11 Order; and

12 (h) any mediator or settlement officer, and their supporting personnel,

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

14 In addition to the above permitted disclosures, a Receiving Party may disclose

15 any information or item designated “CONFIDENTIAL,” but NOT information or

16 items designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” to:

17 (a) a Party to the Action to whom disclosure is reasonably necessary for

18 this Action; and

19 (b) the officers, directors, and employees (including House Counsel) of the

20 Receiving Party to whom disclosure is reasonably necessary for this Action.

21 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

22 IN OTHER LITIGATION

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

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

25 “CONFIDENTIAL,” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that

26 Party must:

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

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

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

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

4 a copy of this Stipulated Protective Order; and

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

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

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

8 the subpoena or court order shall not produce to the party who caused the subpoena

9 or order to issue in the other litigation any information designated in this action as

10 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before

11 a determination by the court from which the subpoena or order issued, unless the

12 Party has obtained the Designating Party’s permission. The Designating Party shall

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

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

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

16 another court.

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

18 PRODUCED IN THIS LITIGATION

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

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

21 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced

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

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

24 prohibiting a Non-Party from seeking additional protections.

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

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

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

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

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

3 agreement with a Non-Party;

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

5 Protective Order in this Action, the relevant discovery request(s), and a reasonably

6 specific description of the information requested; and

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

8 Non-Party, if requested.

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

10 14 days of receiving the notice and accompanying information, the Receiving Party

11 may produce the Non-Party’s confidential information responsive to the discovery

12 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

13 not produce any information in its possession or control that is subject to the

14 confidentiality agreement with the Non-Party before a determination by the court.

15 Absent a court order to the contrary, the Non-Party shall bear the burden and

16 expense of seeking protection in this court of its Protected Material.

17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

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

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

26 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

27 PROTECTED MATERIAL

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

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

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

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

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

6 (e), insofar as the parties reach an agreement on the effect of disclosure of a

7 communication or information covered by the attorney-client privilege or work

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

9 protective order submitted to the court.

10 12. MISCELLANEOUS

11 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

13 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

18 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

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

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

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

23 in the public record unless otherwise instructed by the court.

24 13. FINAL DISPOSITION

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

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

27 all Protected Material to the Producing Party or destroy such material. As used in

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

2 Material. Whether the Protected Material is returned or destroyed, the Receiving

3 Party must submit a written certification, if requested, to the Producing Party (and, if

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

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

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

7 copies, abstracts, compilations, summaries or any other format reproducing or

8 capturing any of the Protected Material. Notwithstanding this provision, Counsel are

9 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,

10 and hearing transcripts, legal memoranda, correspondence, deposition and trial

11 exhibits, expert reports, attorney work product, and consultant and expert work

12 product, even if such materials contain Protected Material. Any such archival

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

14 Order as set forth in Section 4 (DURATION).

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1 14. VIOLATION

2 Any violation of this Order may be punished by appropriate measures including,

3 without limitation, contempt proceedings and/or monetary sanctions.

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5 Dated: June 29, 2020 KUNDANI CHANG KHINDA WILSON, LLP

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By: /s/ Michael B. Wilson

8 Michael B. Wilson

9 Attorneys for Defendant, Counter-

Claimant and Third-Party Plaintiff GHS

10 Interactive Security, LLC

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Dated: June 29, 2020 BELLIN & ASSOCIATES LLC

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By: /s/ Aytan Y. Bellin

15 Aytan Y. Bellin

Attorneys for Plaintiff Craig

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Cunningham

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Dated: June 29, 2020 ROGER FURMAN, ESQ.

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By: /s/ Roger Furman

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Roger Furman

22 Attorneys for Plaintiff Craig

Cunningham

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[Continued on next page]

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I Dated: June 29, 2020 KONING ZOLLAR LLP

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4 By: /s/ Shaun Paisley

Shaun Paisley

5 Attorneys for Defendants Jeffery

6 Asherbranner, Cameren Asherbranner,

and Select Source Services, LLC

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10 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: June 30, 2020

4 | GAIL STANDISH.

15 UNITED STATES MAGISTRATE JUDGE

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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4 I, _____________________________ [print or type full name], of

5 _________________ [print or type full address], declare under penalty of perjury

6 that I have read in its entirety and understand the Stipulated Protective Order that

7 was issued by the United States District Court for the Central District of California

8 on [date] in the case of Craig Cunningham v. GHS Interactive Security, LLC,

9 including related counterclaims and third-party claims, Central District of California

10 Case No.: 2:19-cv-06599-TJH-GJS. I agree to comply with and to be bound by all

11 the terms of this Stipulated Protective Order and I understand and acknowledge that

12 failure to so comply could expose me to sanctions and punishment in the nature of

13 contempt. I solemnly promise that I will not disclose in any manner any

14 information or item that is subject to this Stipulated Protective Order to any person

15 or entity except in strict compliance with the provisions of this Order.

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

17 Central District of California for enforcing the terms of this Stipulated Protective

18 Order, even if such enforcement proceedings occur after termination of this action.

19 I hereby appoint __________________________ [print or type full name] of

20 _______________________________________ [print or type full address and

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

22 this action or any proceedings related to enforcement of this Stipulated Protective

23 Order.

24 Date: ______________________________________

25 City and State where sworn and signed: _________________________________

26 Printed name: _______________________________

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