Opinion

Lowry McCray v. Westrock Services, LLC

Court: District Court, C.D. California
Filed: Mar 16, 2022
Cited by: 0 cases
Authority: More cited than 16.3%

distinguishing “good cause” showing for sealing documents produced in discovery from “compelling reasons” standard when merits-related documents are part of court record

How later courts described this case

distinguishing “good cause” showing for sealing documents produced in discovery from “compelling reasons” standard when merits-related documents are part of court record

Written by the judges who cited it.

The opinion

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STIPULATED PROTECTIVE ORDER

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LINH T. HUA (SBN: 247419)

lhua@grsm.com

WANJA S. GUY (SBN: 275734)

lhua@grsm.com

GORDON REES SCULLY MANSUKHANI, LLP

633 West Fifth Street, 52nd floor

Los Angeles, CA 90071

Telephone: (213) 270-7851

Facsimile: (213) 680-4470

Attorneys for Defendant

WESTROCK SERVICES, LLC

SHADIE L. BERENJI (SBN 235021)

berenji@employeejustice.law

DAVID C. HOPPER (SBN 306281)

hopper@employeejustice.law

KRISTOPHER N. TAYYEB (SBN 320126)

tayyeb@employeejustice.law

BERENJI LAW FIRM, APC

8383 Wilshire Boulevard, Suite 708

Beverly Hills, California 90211

Telephone: (310) 855-3270

Facsimile: (310) 855-3751

Attorneys for Plaintiff,

LOWRY MCCRAY

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

LOWRY MCCRAY, an individual ) CASE NO. 2:21-cv-09853 DMG (RAOx

)

Plaintiff, ) Hon. Judge: Dolly M. Gee

) Courtroom: 8C

vs. )

)

WESTROCK SERVICES, LLC, a STIPULATED PROTECTIVE

)

California limited liability company; ORDER )

and Does 1 through 30, inclusive,

)

Defendants. )

) Complaint filed: 11/19/2021

)

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STIPULATED PROTECTIVE ORDER

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Counsel for Plaintiff LOWRY MCCRAY (“Plaintiff) and Defendant

WESTROCK SERVICES, LLC (“Defendant”) jointly stipulate to the entry of

this Proposed Protective Order:

1. A. PURPOSES AND LIMITATIONS

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

proprietary, or private information for which special protection from public

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

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

Court to enter the following Stipulated Protective Order. The parties

acknowledge that this Order does not confer blanket protections on all

disclosures or responses to discovery and that the protection it affords from

public disclosure and use extends only to the limited information or items that

are entitled to confidential treatment under the applicable legal principles. The

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

does not entitle them to file confidential information under seal. Rather, when

the parties seek permission from the court to file material under seal, the parties

must comply with Civil Local Rule 79-5 and with any pertinent orders of the

assigned District Judge and Magistrate Judge.

B. GOOD CAUSE STATEMENT

During the course of discovery it may be necessary to disclose certain

confidential information relating to the subject matter of this action. Such

confidential and proprietary materials and information consist of, among other

things, confidential business or financial information, information regarding

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

commercial information, otherwise generally unavailable to the public, or which

may be privileged or otherwise protected from disclosure under state or federal

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statutes, court rules, case decisions, or common law (such as personal medical or

financial information, including that of third-parties). Accordingly, to expedite

the flow of information, to facilitate the prompt resolution of disputes over

confidentiality of discovery materials, to adequately protect information the

parties are entitled to keep confidential, to ensure that the parties are permitted

reasonable necessary uses of such material in preparation for and in the conduct

of trial, to address their handling at the end of the litigation, and serve the ends of

justice, a protective order for such information is justified in this matter. It is the

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

tactical reasons and that nothing be so designated without a good faith belief that

it has been maintained in a confidential, non-public manner, and there is good

cause why it should not be part of the public record of this case.

Accordingly, the parties respectfully submit that there is good cause for

the entry of this Protective Order.

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

SEAL

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

this Stipulated Protective Order does not entitle them to file confidential

information under seal; Local Civil Rule 79-5 sets forth the procedures that must

be followed and the standards that will be applied when a party seeks permission

from the court to file material under seal.

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

judicial proceedings and records in civil cases. In connection with non-

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

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

2006); Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002);

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

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STIPULATED PROTECTIVE ORDER

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(even stipulated protective orders require good cause showing), and a specific

showing of good cause or compelling reasons with proper evidentiary support

and legal justification, must be made with respect to Protected Material that a

party seeks to file under seal. The parties’ mere designation of Disclosure or

Discovery Material as CONFIDENTIAL does not—without the submission of

competent evidence by declaration, establishing that the material sought to be

filed under seal qualifies as confidential, privileged, or otherwise protectable—

constitute good cause.

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

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

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

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

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

filed or introduced under seal in connection with a dispositive motion or trial, the

party seeking protection must articulate compelling reasons, supported by

specific facts and legal justification, for the requested sealing order. Again,

competent evidence supporting the application to file documents under seal must

be provided by declaration.

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

in its entirety will not be filed under seal if the confidential portions can be

redacted. If documents can be redacted, then a redacted version for public

viewing, omitting only the confidential, privileged, or otherwise protectable

portions of the document shall be filed. Any application that seeks to file

documents under seal in their entirety should include an explanation of why

redaction is not feasible.

2. DEFINITIONS

2.1 Action: The instant action: Lowry McCray v. WestRock Services,

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LLC., et al, Case No. 2:21-cv-09853 DMG.

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

designation of information or items under this Order.

2.3 “CONFIDENTIAL” Information or Items: information (regardless

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

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

the Good Cause Statement. The following Disclosure or Discovery Material

may be designated as “CONFIDENTIAL”: trade secrets as defined in California

Civil Code section 3426.1(d), proprietary information, medical records, financial

records, technical knowledge, unpatented inventions, patent applications,

technical development plans and notes, manufacturing secrets, secret processes,

formulae, manufacturing procedures, methods and current and accumulated

experience which the Designating Party has acquired as the result of scientific

research or experience, as well as confidential information relating to the

Designating Party’s future market plans, proprietary data and/or other technical,

commercial, business or financial information, and non-public information

concerning Defendant’s current and/or former employees’ and other individuals,

such as social security numbers and private information contained in personnel

files. Nothing in this Order shall be used to restrict the Designating Party’s use of

its own CONFIDENTIAL Information.

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

support staff).

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

or items that it (or another Party or Non-Party produces) produces in disclosures

or in responses to discovery as “CONFIDENTIAL.”

2.6 Disclosure or Discovery Material: all items or information,

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

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

things), that are produced or generated in disclosures or responses to discovery in

this matter.

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

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

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

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

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

outside counsel.

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

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

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

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

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

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

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

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

their support staffs).

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

Discovery Material in this Action.

2.13 Professional Vendors: persons or entities that provide litigation

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

or demonstrations, and organizing, storing, or retrieving data in any form or

medium) and their employees and subcontractors.

2.14 Protected Material: any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL.”

2.15 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

3. SCOPE

The protections conferred by this Order cover not only Protected Material

(as defined above), but also (1) any information copied or extracted from

Protected Material; (2) all copies, excerpts, summaries, or compilations of

Protected Material; and (3) any testimony, conversations, or presentations by

Parties or their Counsel that might reveal Protected Material.

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

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

4. DURATION

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

CONFIDENTIAL or maintained pursuant to this protective order used or

introduced as an exhibit at trial becomes public and will be presumptively

available to all members of the public, including the press, unless compelling

reasons supported by specific factual findings to proceed otherwise are made to

the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81

(distinguishing “good cause” showing for sealing documents produced in

discovery from “compelling reasons” standard when merits-related documents

are part of court record). Accordingly, the terms of this protective order do not

extend beyond the commencement of the trial.

5. DESIGNATING PROTECTED MATERIAL

5.1 Exercise of Restraint and Care in Designating Material for

Protection. Each Party or Non-Party that designates information or items for

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

specific material that qualifies under the appropriate standards. The Designating

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

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

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material, documents, items, or communications for which protection is not

warranted are not swept unjustifiably within the ambit of this Order.

Mass, indiscriminate, or routinized designations are prohibited.

Designations that are shown to be clearly unjustified or that have been made for

an improper purpose (e.g., to unnecessarily encumber the case development

process or to impose unnecessary expenses and burdens on other parties) may

expose the Designating Party to sanctions.

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

it designated for protection do not qualify for protection, that Designating Party

must promptly notify all other Parties that it is withdrawing the inapplicable

designation.

5.2 Manner and Timing of Designations. Except as otherwise provided

in this Order (see, e.g., second or third paragraphs of Section 5.2(a) below), or as

otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies

for protection under this Order must be clearly so designated before the material

is disclosed or produced.

Designation in conformity with this Order requires:

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

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

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

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

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

page qualifies for protection, the Producing Party also must clearly identify the

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

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

inspection need not designate them for protection until after the inspecting Party

has indicated which documents it would like copied and produced. During the

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inspection and before the designation, all of the material made available for

inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has

identified the documents it wants copied and produced, the Producing Party must

determine which documents, or portions thereof, qualify for protection under this

Order. Then, before producing the specified documents, the Producing Party

must affix the “CONFIDENTIAL legend” to each page that contains Protected

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

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

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

Should a Party wish to designate any Disclosure or Discovery Material

produced by another Party or Non-Party as “CONFIDENTIAL,” the Designating

Party shall, within ten (10) business days after the production to that Party, or the

date that the Parties receive notice that this Protective Order has been signed by

the Court, whichever is later (the “Effective Date”), provide written notice to

counsel of record for all Parties of the bates-numbers or number range or other

sufficiently definite description of the Documents, Testimony, or Information to

be designated “Confidential.” The Documents, Testimony, or Information shall

not be distributed to persons beyond those specified in Section 7.2, supra, until ten

(10) business days after the production or the Effective Date, whichever is later,

to give Parties an opportunity to review and designate Documents, Testimony, or

Information as “Confidential” prior to further dissemination.

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

on the record, before the close of the deposition as protected testimony.

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

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

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

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

the protected portion(s).

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

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

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

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

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

the provisions of this Order.

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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

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

Scheduling Order.

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

resolution process under Local Rule 37-1 et seq.

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

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

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

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

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

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

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

challenge

7. ACCESS TO AND USE OF PROTECTED MATERIAL

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

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

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

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

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under the conditions described in this Order. When the Action has been

terminated, a Receiving Party must comply with the provisions of Section 13

below.

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

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

persons authorized under this Order.

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

a Receiving Party may disclose any information or item designated

“CONFIDENTIAL” only to:

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

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

necessary to disclose the information for this Action;

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

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

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

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

(d) the court and its personnel;

(e) court reporters and their staff;

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

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

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

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

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

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

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

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party requests that the witness sign the “Acknowledgment and Agreement to Be

Bound” form attached as Exhibit A hereto; and (2) they will not be permitted to

keep any confidential information unless they sign the “Acknowledgment and

Agreement to Be Bound” attached as Exhibit A, unless otherwise agreed by the

Designating Party or ordered by the court. Pages of transcribed deposition

testimony or exhibits to depositions that reveal Protected Material may be

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

except as permitted under this Protective Order; and

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

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

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

IN OTHER LITIGATION

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

litigation that compels disclosure of any information or items designated in this

Action as “CONFIDENTIAL,” that Party must:

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

shall include a copy of the subpoena or court order unless prohibited by law;

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

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

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

include a copy of this Protective Order; and

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

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

with the subpoena or court order shall not produce any information designated in

this action as “CONFIDENTIAL” before a determination by the court from

which the subpoena or order issued, unless the Party has obtained the

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Designating Party’s permission, or unless otherwise required by the law or court

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

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

provisions should be construed as authorizing or encouraging a Receiving Party

in this Action to disobey a lawful directive from another court.

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

PRODUCED IN THIS LITIGATION

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

Non-Party in this Action and designated as “CONFIDENTIAL.” Such

information produced by Non-Parties in connection with this litigation is

protected by the

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

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

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

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

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

confidential information, then the Party shall:

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

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

agreement with a Non-Party;

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

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

description of the information requested; and

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

Non-Party, if requested.

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called for by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the

notice and accompanying information or fails contemporaneously to notify the

Receiving Party that it has done so, the Receiving Party may produce the Non-

Party’s confidential information responsive to the discovery request. If an

unrepresented Non-Party fails to seek a protective order from this court within 14

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

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

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

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

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

determination by the court unless otherwise required by the law or court order.

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

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

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

disclosed Protected Material to any person or in any circumstance not authorized

under this Protective Order, the Receiving Party must immediately (a) notify in

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

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

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

terms of this Order, and (d) request such person or persons to execute the

“Acknowledgment and Agreement to Be Bound” that is attached hereto as

Exhibit A.

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain

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

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

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

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

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

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

disclosure of a communication or information covered by the attorney-client

privilege or work product protection, the parties may incorporate their agreement

into this Protective Order.

12. MISCELLANEOUS

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

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

12.2 Right to Assert Other Objections. No Party waives any right it

otherwise would have to object to disclosing or producing any information or

item on any ground not addressed in this Protective Order. Similarly, no Party

waives any right to object on any ground to use in evidence of any of the

material covered by this Protective Order.

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

Protected Material must comply with Civil Local Rule 79-5 and with any

pertinent orders of the assigned District Judge and Magistrate Judge. If a Party's

request to file Protected Material under seal is denied by the court, then the

Receiving Party may file the information in the public record unless otherwise

instructed by the court.

13. FINAL DISPOSITION

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

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

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

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

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

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

the Receiving Party must submit a written certification to the Producing Party

(and, if not the same person or entity, to the Designating Party) by the 60 day

deadline that (1) identifies (by category, where appropriate) all the Protected

Material that was returned or destroyed and (2) affirms that the Receiving Party

has not retained any copies, abstracts, compilations, summaries or any other

format reproducing or capturing any of the Protected Material. Notwithstanding

this provision, Counsel are entitled to retain an archival copy of all pleadings,

motion papers, trial, deposition, and hearing transcripts, legal memoranda,

correspondence, deposition and trial exhibits, expert reports, attorney work

product, and consultant and expert work product, even if such materials contain

Protected Material. Any such archival copies that contain or constitute Protected

Material remain subject to this Protective Order as set forth in Section 4.

Case 2:2fl-cv-09853-DMG-RAO Document 21 Filed 03/16/22 Page 17o0f18 Page ID #:300

1 . . . . .

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

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

3 .

sanctions.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

6 .

Respectfully submitted,

7 || Dated: March 16, 2022 GORDON REES SCULLY MANSUKHANI, LLP

By: /s/ Wanja Guy

9 Linh T. Hua

10 Wanja S. Guy

Attorneys for Defendant

a 11 WESTROCK SERVICES, LLC

= 8 12

= = Dated: March 16, 2022 BERENJI LAW FIRM, APC

#62 13

zs 14 By: /s/Kristopher Tayyeb

Bas Shadie L. Berenji

ge 2 15 David C. Hopper

S32 16 Kristopher N. Tayyeb

= Attorneys for Plaintiff

ES 17 LOWRY MCCRAY

° 18

IT IS SO ORDERED.

Re a, Q2-~

21 |! Dated: March 16, 2022 eee

22 MAGISTRATE JUDGE ROZELLA A. OLIVER

UNITED STATES DISTRICT COURT

STIPULATED PROTECTIVE ORDER

-18-

STIPULATED PROTECTIVE ORDER

PLL ,inahkusnaM yllucS seeR nodroG

roolf dn25 ,teertS htfiF tseW 336

17009 AC ,selegnA soL

Case 2:21-cv-09853-DMG-RAO Document 21 Filed 03/16/22 Page 18 of 18 Page ID #:301

EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, __________________________________________ [print or type full name]

of __________________________ [print or type full address], declare under

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

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

Central District of California on [date] in the case of

__________________________ [insert formal name of the case and the number

and initials assigned to it by the court]. I agree to comply with and to be bound

by all the terms of this Stipulated Protective Order and I understand and

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

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

any manner any information or item that is subject to this Stipulated Protective

Order to any person or entity except in strict compliance with the provisions of

this Order. I further agree to submit to the jurisdiction of the United States

District Court for the Central District of California for the purpose of enforcing

the terms of this Stipulated Protective Order, even if such enforcement

proceedings occur after termination of this action. I hereby appoint

____________________________________________ [print or type full name]

of __________________________ [print or type full address and telephone

number] ______________________________________ as my California agent

for service of process in connection with this action or any proceedings related to

the enforcement of this Stipulated Protective Order.

Date: ____________________________________________

City and State where sworn and signed: ________________________________

Printed name: ______________________________________

Signature: _________________________________________

1248894/65455934v1

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