Cynthia Romano v. Boston Scientific Corporation

Case 2:21-cv-09863-GW-AS Document 16 Filed 02/23/22 Page 1 of 15 Page ID #:163

1 MORGAN, LEWIS & BOCKIUS LLP

Barbara J. Miller, Bar No. 167223

2 Matthew M. Arnold, Bar No. 341862

600 Anton Boulevard, Suite 1800

3 Costa Mesa, CA 92626-7653

Tel: +1.714.830.0600

4 Fax: +1.714.830.0700

barbara.miller@morganlewis.com

5 sarah.allen@morganlewis.com

6 Attorneys for Defendants

BOSTON SCIENTIFIC CORPORATION and

7 BOSTON SCIENTIFIC

NEUROMODULATION CORPORATION,

8

9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11

12

CYNTHIA ROMANO, an individual, Case No. 2:21-cv-09863-GW(ASx)

13

Plaintiff,

14

vs. PROTECTIVE ORDER

15

BOSTON SCIENTIFIC

16 CORPORATION, a Delaware

corporation; BOSTON SCIENTIFIC

17 NEUROMODULATION

CORPORATION, a Delaware

18 corporation; and DOES 1 through 20, Complaint Filed: Oct. 28, 2021

inclusive,

19

Defendants.

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MORGAN,LEWIS &

BOCKIUS LLP

ATTORNEYS AT LAW

COSTA MESA STIPULATED PROTECTIVE ORDER

Case 2:21-cv-09863-GW-AS Document 16 Filed 02/23/22 Page 2 of 15 Page ID #:164

1 1. A. PURPOSES AND LIMITATIONS

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

3 proprietary, or private information for which special protection from public

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

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

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

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

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

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

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

11 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to

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

13 procedures that must be followed and the standards that will be applied when a

14 party seeks permission from the court to file material under seal.

15 B. GOOD CAUSE STATEMENT

16 Plaintiff worked as a Director of National Accounts for Defendant Boston

17 Scientific Neuromodulation Corporation and, based on the nature of her position

18 and duties, Plaintiff had access to and worked with documents and information that

19 are trade secrets and other valuable technical and/or proprietary information of

20 Defendants. This action is likely to involve trade secrets, customer and pricing lists

21 and other valuable research, development, commercial, financial, technical and/or

22 proprietary information for which special protection from public disclosure and

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

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

25 things, confidential business or financial information, information regarding

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

27 commercial information (including information implicating privacy rights of third

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

MORGAN,LEWIS &

BOCKIUS LLP 2

ATTORNEYS AT LAW

COSTA MESA STIPULATED PROTECTIVE ORDER

Case 2:21-cv-09863-GW-AS Document 16 Filed 02/23/22 Page 3 of 15 Page ID #:165

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

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

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

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

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

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

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

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

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

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

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

12 of the public record of this case.

13 2. DEFINITIONS

14 2.1 Action: Cynthia Romano v. Boston Scientific Corporation, et al., United

15 States District Court, Central District of California, Case No. 2:21-cv-09863 GW

16 (ASx).

17 2.2 Challenging Party: a Party or Non-Party that challenges the designation

18 of information or items under this Order.

19 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

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

22 the Good Cause Statement.

23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

24 support staff).

25 2.5 Designating Party: a Party or Non-Party that designates information or

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

27 “CONFIDENTIAL.”

28 2.6 Disclosure or Discovery Material: all items or information, regardless of

MORGAN,LEWIS &

BOCKIUS LLP 3

ATTORNEYS AT LAW

COSTA MESA STIPULATED PROTECTIVE ORDER

Case 2:21-cv-09863-GW-AS Document 16 Filed 02/23/22 Page 4 of 15 Page ID #:166

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

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

3 or generated in disclosures or responses to discovery in this matter.

4 2.7 Expert: a person with specialized knowledge or experience in a matter

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

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

7 2.8 House Counsel: attorneys who are employees of a party to this Action.

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

9 counsel.

10 2.9 Non-Party: any natural person, partnership, corporation, association, or

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

12 2.10 Outside Counsel of Record: attorneys who are not employees of a party

13 to this Action but are retained to represent or advise a party to this Action and have

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

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

16 2.11 Party: any party to this Action, including all of its officers, directors,

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

18 support staffs).

19 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

20 Discovery Material in this Action.

21 2.13 Professional Vendors: persons or entities that provide litigation support

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

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

24 and their employees and subcontractors.

25 2.14 Protected Material: any Disclosure or Discovery Material that is

26 designated as “CONFIDENTIAL.”

27 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

28 from a Producing Party.

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ATTORNEYS AT LAW

COSTA MESA STIPULATED PROTECTIVE ORDER

Case 2:21-cv-09863-GW-AS Document 16 Filed 02/23/22 Page 5 of 15 Page ID #:167

1 3. SCOPE

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

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

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

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

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

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

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

9 4. DURATION

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

11 confidential or maintained pursuant to this protective order becomes public and will

12 be presumptively available to all members of the public, including the press, unless

13 compelling reasons supported by specific factual findings to proceed otherwise are

14 made to the trial judge in advance of the trial. See Kamakana v. City and County of

15 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”

16 showing for sealing documents produced in discovery from “compelling reasons”

17 standard when merits-related documents are part of court record). Accordingly, the

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

19 5. DESIGNATING PROTECTED MATERIAL

20 5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

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

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

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

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

26 items, or communications for which protection is not warranted are not swept

27 unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized

28 designations are prohibited. Designations that are shown to be clearly unjustified or

MORGAN,LEWIS &

BOCKIUS LLP 5

ATTORNEYS AT LAW

COSTA MESA STIPULATED PROTECTIVE ORDER

Case 2:21-cv-09863-GW-AS Document 16 Filed 02/23/22 Page 6 of 15 Page ID #:168

1 that have been made for an improper purpose (e.g., to unnecessarily encumber

2 the case development process or to impose unnecessary expenses and burdens on

3 other parties) may expose the Designating Party to sanctions. If it comes to a

4 Designating Party’s attention that information or items that it designated for

5 protection do not qualify for protection, that Designating Party must promptly

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

7 5.2 Manner and Timing of Designations. Except as otherwise provided in this

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

9 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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

11 produced.

12 Designation in conformity with this Order requires:

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

14 but excluding transcripts of depositions or other pretrial or trial proceedings), that

15 the Producing Party affix at a minimum, the legend “CONFIDENTIAL”

16 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected

17 material. If only a portion or portions of the material on a page qualifies for

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

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

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

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

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

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

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

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

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

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

28 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a

MORGAN,LEWIS &

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ATTORNEYS AT LAW

COSTA MESA STIPULATED PROTECTIVE ORDER

Case 2:21-cv-09863-GW-AS Document 16 Filed 02/23/22 Page 7 of 15 Page ID #:169

1 portion or portions of the material on a page qualifies for protection, the

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

3 appropriate markings in the margins).

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

5 Disclosure or Discovery Material on the record, before the close of the deposition

6 all protected testimony.

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

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

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

10 “CONFIDENTIAL.” If only a portion or portions of the information warrants

11 protection, the Producing Party, to the extent practicable, shall identify the

12 protected portion(s).

13 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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

18 provisions of this Order.

19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

22 Scheduling Order.

23 6.2 Meet and Confer. The Challenging Party shall initiate the informal

24 dispute resolution process set forth in the Court's Procedures and Schedules. see

25 http://www.cacd.uscourts.gov/honorable-alka-sagar

26 6.3 The burden of persuasion in any such challenge proceeding shall be on

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

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

MORGAN,LEWIS &

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ATTORNEYS AT LAW

COSTA MESA STIPULATED PROTECTIVE ORDER

Case 2:21-cv-09863-GW-AS Document 16 Filed 02/23/22 Page 8 of 15 Page ID #:170

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

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

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

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

5 challenge.

6 7. ACCESS TO AND USE OF PROTECTED MATERIAL

7 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

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

13 DISPOSITION). Protected Material must be stored and maintained by a Receiving

14 Party at a location and in a secure manner that ensures that access is limited to the

15 persons authorized under this Order.

16 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

18 Receiving Party may disclose any information or item designated

19 “CONFIDENTIAL” only to:

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

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

22 to disclose the information for this Action;

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

24 Receiving Party to whom disclosure is reasonably necessary for this Action;

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

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

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

28 (d) the court and its personnel;

MORGAN,LEWIS &

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ATTORNEYS AT LAW

COSTA MESA STIPULATED PROTECTIVE ORDER

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1 (e) court reporters and their staff;

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

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

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

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

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

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

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

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

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

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

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

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

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

15 except as permitted under this Stipulated Protective Order; and

16 (i) any mediator or settlement officer, and their supporting personnel,

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

18 8. 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,” that Party must:

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

24 include a copy of the subpoena or court order;

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

26 issue in the other litigation that some or all of the material covered by the subpoena

27 or order is subject to this Protective Order. Such notification shall include a copy of

28 this Stipulated Protective Order; and

MORGAN,LEWIS &

BOCKIUS LLP 9

ATTORNEYS AT LAW

COSTA MESA STIPULATED PROTECTIVE ORDER

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

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

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

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

5 as “CONFIDENTIAL” before a determination by the court from which the

6 subpoena or order issued, unless the Party has obtained the Designating Party’s

7 permission. The Designating Party shall bear the burden and expense of seeking

8 protection in that court of its confidential material and nothing in these provisions

9 should be construed as authorizing or encouraging a Receiving Party in this Action

10 to disobey a lawful directive from another court.

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

12 PRODUCED IN THIS LITIGATION

13 (a) The terms of this Order are applicable to information produced by a Non-

14 Party in this Action and designated as “CONFIDENTIAL.” Such information

15 produced by Non-Parties in connection with this litigation is protected by the

16 remedies and relief provided by this Order. Nothing in these provisions should be

17 construed as prohibiting a Non-Party from seeking additional protections.

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

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

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

21 confidential information, then the Party shall:

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

23 some or all of the information requested is subject to a confidentiality agreement

24 with a Non-Party;

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

26 Order in this Action, the relevant discovery request(s), and a reasonably specific

27 description of the information requested; and

28 (3) make the information requested available for inspection by the Non-

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ATTORNEYS AT LAW

COSTA MESA STIPULATED PROTECTIVE ORDER

Case 2:21-cv-09863-GW-AS Document 16 Filed 02/23/22 Page 11 of 15 Page ID #:173

1 Party, if requested.

2 (c) If the Non-Party fails to seek a protective order from this court within 14

3 days of receiving the notice and accompanying information, the Receiving Party

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

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

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

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

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

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

10 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

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

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

19 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

20 PROTECTED MATERIAL

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

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

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

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

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

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

27 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

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

MORGAN,LEWIS &

BOCKIUS LLP 11

ATTORNEYS AT LAW

COSTA MESA STIPULATED PROTECTIVE ORDER

Case 2:21-cv-09863-GW-AS Document 16 Filed 02/23/22 Page 12 of 15 Page ID #:174

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

2 protective order submitted to the court.

3 12. MISCELLANEOUS

4 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

6 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

11 Order.

12 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

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

15 specific Protected Material at issue. If a Party's request to file Protected Material

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

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

18 13. FINAL DISPOSITION

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

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

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

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

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

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

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

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

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

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

MORGAN,LEWIS &

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ATTORNEYS AT LAW

COSTA MESA STIPULATED PROTECTIVE ORDER

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

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

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

4 deposition, and hearing transcripts, legal memoranda, correspondence, deposition

5 and trial exhibits, expert reports, attorney work product, and consultant and expert

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

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

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

9 14. Any violation of this Order may be punished by any and all appropriate

10 measures including, without limitation, contempt proceedings and/or monetary

11 sanctions.

12 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

13 DATED ___F_e_b_r_u_ar_y_ _2_2_, _2_0_2_2_______

14 ___/s_/ _D_a_w__n_ K__n_ep__p_er_______________

15 KNEPPER LAW PC

16 Dawn Knepper

17 Attorneys for Plaintiff

18

19 DATED: __F_e_b_r_u_a_ry_ _2_2_, _2_0_2_2________

20 __/_s_/ _B_a_r_b_a_ra_ _J_. _M__il_le_r______________

21 MORGAN, LEWIS & BOCKIUS LLP

22 Barbara J. Miller

23 Attorneys for Defendant

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ATTORNEYS AT LAW

COSTA MESA STIPULATED PROTECTIVE ORDER

Case 2:21-cv-09863-GW-AS Document16 Filed 02/23/22 Page 14o0f15 Page ID #:176

1 FILER’S ATTESTATION

2 Pursuant to Local Rule 5-4.3.4 regarding signatures, I attest that concurrence

3 || in the filing of the document has been obtained from the other signatory listed above.

5 Dated: February 22, 2022 MORGAN, LEWIS & BOCKIUS LLP

By _ /s/ Barbara J. Miller

7 Barbara J. Miller

10

i FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

'? | DATED: February 23, 2022

13 /s / Sagar

Honorable Alka Sagar

1S United States Magistrate Judge

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Aron ara 14

STIPULATED PROTECTIVE ORDER

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

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

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

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

7 on [date] in the case of Cynthia Romano v. Boston Scientific Corporation et al.,

8 Case No. 2:21-cv-09863-GW(ASx). I agree to comply with and to be bound by all

9 the terms of this Stipulated Protective Order and I understand and acknowledge

10 that failure to so comply could expose me to sanctions and punishment in the

11 nature of contempt. I solemnly promise that I will not disclose in any manner any

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

13 or entity except in strict compliance with the provisions of this Order. I further

14 agree to submit to the jurisdiction of the United States District Court for the

15 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

18 or type full name] of _______________________________________ [print or

19 type full address and telephone number] as my California agent for service of

20 process in connection with this action or any proceedings related to enforcement of

21 this Stipulated Protective Order. Date:

22 ______________________________________

23 City and State where sworn and signed: ________________________________

24 Printed name: _______________________________

25 Signature: __________________________________

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MORGAN,LEWIS &

BOCKIUS LLP

ATTORNEYS AT LAW

COSTA MESA STIPULATED PROTECTIVE ORDER