# Sunil Kumar, Ph. D. v. Dr. Jolene Koester

> District Court, C.D. California · July 24, 2023

URL: https://www.frixlaw.com/law-library/cases/9983845

## Case

- **Court:** District Court, C.D. California
- **Decided:** July 24, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9983845

## Opinion text

1

2

3

4

5

6

7

8

9

10 UNITED STATES DISTRICT COURT
11 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
12
13 SUNIL KUMAR, Ph. D., PRAVEEN Case No. 2:22-cv-07550-RGK-MAA
SINHA, Ph. D.,
14 [PROPOSED] ORDER
Plaintiffs,
15 Judge: Maria A. Audero
v. Trial Date: October 31, 2023
16
DR. JOLENE KOESTER, in her
17 official capacity as Chancellor of
California State University,
18
Defendant.
19

20
21
22
23
24
25
26
27
1 TO THE COURT, ALL PARTIES, AND TO THEIR ATTORNEYS OF
2 RECORD:
3 PLEASE TAKE NOTICE that by stipulation of the parties and for good cause
4 shown, the Court grants the Stipulated Protective Order (Exhibit 1). See Phillips ex
5 rel. Ests. of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1211 (9th Cir. 2002), citing
6 Seattle Times Co. v. Rhinehart, 467 U.S. 20, 36, (1984) (Federal Rule of Civil
7 Procedure 26(c) “confer[s] ‘broad discretion on the trial court to decide when a
8 protective order is appropriate and what degree of protection is required.’”). There
9 is good cause to grant the Stipulated Protective Order because pre-trial discovery in
10 this action is likely to involve confidential information about students and
11 employees of the California State University. This confidential information is likely
12 to include private identifying information, which students, employees, and other
13 stakeholders have asked to remain confidential or which are otherwise protected
14 from disclosure under law. Considering “the fruits of pre-trial discovery are, in the
15 absence of a court order to the contrary, presumptively public” (San Jose Mercury
16 News, Inc. v. United States Dist. Ct., 187 F.3d 1096, 1103 (9th Cir.1999)), and
17 weighing the competing needs and interests of the parties affected, this information
18 is not appropriate for public information. Therefore, after review and consideration
19 of the Stipulated Protective Order, and good cause appearing, IT IS HEREBY
20 ORDERED that the Protective Order is GRANTED.
21
July 24, 2023
22 DATED: _______________ _______________________________
23 Honorable Maria A. Audero
United States Magistrate Judge
24
25
26
27
1 EXHIBIT 1

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
1 JOHN J. SHAEFFER (SBN 138331)
JShaeffer(@FoxRothschild.com
2 FOX ROTHSCHILD LLP
Constellation Place
3 10250 Constellation Blvd, Suite 900
Los Angeles, CA 90067
4 Telephone: 310.598.4150
Facsimile: 310.556.9828
5
MICHAEL K. TWERSKY (pro hac vice)
6 MTwersky@FoxRothschild.com
BETH WEISSER (pro hac vice)
7 BWeisser@FoxRothschild.com
980 Jolly Road, Suite 110
8 Blue Bell, PA 19422
Telephone: (215) 299-2923
9 Facsimile: (610) 397-0450

10 Attorneys for Plaintiffs

11 [Additional Counsel Listed on Next Page]

12

13
UNITED STATES DISTRICT COURT
14
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
15

16
SUNIL KUMAR, Ph. D., PRAVEEN Case No. 2:22-cv-07550-RGK-MAA
17 SINHA, Ph. D.,
STIPULATED PROTECTIVE
18 Plaintiffs, ORDER

19 v.

20 DR. JOLENE KOESTER, in her
official capacity as Chancellor of
21 California State University,

22 Defendant.

23

24
25
26
27
1 RICHARD A. PAUL (SBN 57976)
rich.paul@quarles.com
2 JEFFREY P. MICHALOWSKI (SBN 248073)
jeff.michalowski@quarles.com
3 MATTHEW W. BURRIS (SBN 325569)
matt.burris@quarles.com
4 ADRIELLI FERRER (SBN 348068)
adrielli.ferrer@quarles.com
5 QUARLES & BRADY LLP
101 West Broadway, Ninth Floor
6 San Diego, California 92101-8285
Telephone: 619-237-5200
7 Facsimile: 619-615-0700

8 Attorneys for Defendant

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
1 1. 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 Stipulated Protective Order does not confer blanket protections on all disclosures or
8 responses to discovery and that the protection it affords from public disclosure and
9 use extends only to the limited information or items that are entitled to confidential
10 treatment under the applicable legal principles. The parties further acknowledge, as
11 set forth in Section 13.3 below, that this Stipulated Protective Order does not entitle
12 them to file confidential information under seal; Local Rule 79-5 sets forth the
13 procedures that must be followed and the standards that will be applied when a party
14 seeks permission from the Court to file material under seal.
15 2. GOOD CAUSE STATEMENT
16 This action is likely to involve confidential information about students and
17 employees for which special protection from public disclosure and from use for any
18 purpose other than prosecution of this action is warranted. Such confidential and
19 proprietary materials and information consist of, private identifying information,
20 information which students, employees, and other stakeholders have asked to remain
21 confidential, or which may be privileged or otherwise protected from disclosure
22 under state or federal statutes, court rules, case decisions, or common law.
23 Accordingly, to expedite the flow of information, to facilitate the prompt resolution
24 of disputes over confidentiality of discovery materials, to adequately protect
25 information the parties are entitled to keep confidential, to ensure that the parties are
26 permitted reasonable necessary uses of such material in preparation for and in the
27 conduct of trial, to address their handling at the end of the litigation, and to serve the
1 the intent of the parties that information will not be designated as confidential for
2 tactical reasons and that nothing be so designated without a good faith belief that it
3 has been maintained in a confidential, non-public manner, and there is good cause
4 why it should not be part of the public record of this case.
5 3. DEFINITIONS
6 3.1 Action: This pending federal lawsuit.
7 3.2 Challenging Party: A Party or Nonparty that challenges the designation
8 of information or items under this Stipulated Protective Order.
9 3.3 “CONFIDENTIAL” Information or Items: Information (regardless of
10 how it is generated, stored or maintained) or tangible things that qualify for
11 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
12 the Good Cause Statement.
13 3.4 Counsel: Outside Counsel of Record and In-House Counsel (as well as
14 their support staff).
15 3.5 Designating Party: A Party or Nonparty that designates information or
16 items that it produces in disclosures or in responses to discovery as
17 “CONFIDENTIAL.”
18 3.6 Disclosure or Discovery Material: All items or information, regardless
19 of the medium or manner in which it is generated, stored, or maintained (including,
20 among other things, testimony, transcripts, and tangible things), that is produced or
21 generated in disclosures or responses to discovery in this matter.
22 3.7 Expert: A person with specialized knowledge or experience in a
23 matter pertinent to the litigation who has been retained by a Party or its counsel to
24 serve as an expert witness or as a consultant in this Action.
25 3.8 In-House Counsel: Attorneys who are employees of a party to this
26 Action. In-House Counsel does not include Outside Counsel of Record or any other
27 outside counsel.
1 3.9 Nonparty: Any natural person, partnership, corporation, association, or
2 other legal entity not named as a Party to this action.
3 3.10 Outside Counsel of Record: Attorneys who are not employees of a
4 party to this Action but are retained to represent or advise a party to this Action and
5 have appeared in this Action on behalf of that party or are affiliated with a law firm
6 which has appeared on behalf of that party, and includes support staff.
7 3.11 Party: Any party to this Action, including all of its officers, directors,
8 employees, consultants, retained experts, In-House Counsel, and Outside Counsel of
9 Record (and their support staffs).
10 3.12 Producing Party: A Party or Nonparty that produces Disclosure or
11 Discovery Material in this Action.
12 3.13 Professional Vendors: Persons or entities that provide litigation
13 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
14 demonstrations, and organizing, storing, or retrieving data in any form or medium)
15 and their employees and subcontractors.
16 3.14 Protected Material: Any Disclosure or Discovery Material that is
17 designated as “CONFIDENTIAL.”
18 3.15 Receiving Party: A Party that receives Disclosure or Discovery
19 Material from a Producing Party.
20 4. SCOPE
21 The protections conferred by this Stipulated Protective Order cover not only
22 Protected Material, but also (1) any information copied or extracted from Protected
23 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
24 and (3) any testimony, conversations, or presentations by Parties or their Counsel
25 that might reveal Protected Material.
26 Any use of Protected Material at trial shall be governed by the orders of the
27 trial judge. This Stipulated Protective Order does not govern the use of Protected
1 5. DURATION
2 Even after final disposition of this litigation, the confidentiality obligations
3 imposed by this Stipulated Protective Order shall remain in effect until a
4 Designating Party agrees otherwise in writing or a court order otherwise directs.
5 Final disposition shall be deemed to be the later of (1) dismissal of all claims and
6 defenses in this Action, with or without prejudice; and (2) final judgment herein
7 after the completion and exhaustion of all appeals, rehearings, remands, trials, or
8 reviews of this Action, including the time limits for filing any motions or
9 applications for extension of time pursuant to applicable law.
10 6. DESIGNATING PROTECTED MATERIAL
11 6.1 Exercise of Restraint and Care in Designating Material for Protection.
12 Each Party or Nonparty that designates information or items for protection
13 under this Stipulated Protective Order must take care to limit any such designation
14 to specific material that qualifies under the appropriate standards. The Designating
15 Party must designate for protection only those parts of material, documents, items,
16 or oral or written communications that qualify so that other portions of the material,
17 documents, items, or communications for which protection is not warranted are not
18 swept unjustifiably within the ambit of this Stipulated Protective Order.
19 Mass, indiscriminate, or routinized designations are prohibited. Designations
20 that are shown to be clearly unjustified or that have been made for an improper
21 purpose (e.g., to unnecessarily encumber the case development process or to impose
22 unnecessary expenses and burdens on other parties) may expose the Designating
23 Party to sanctions.
24 6.2 Manner and Timing of Designations.
25 Except as otherwise provided in this Stipulated Protective Order (see, e.g.,
26 Section 6.2(a)), or as otherwise stipulated or ordered, Disclosure or Discovery
27 Material that qualifies for protection under this Stipulated Protective Order must be
1 Designation in conformity with this Stipulated Protective Order requires the
2 following:
3 a. For information in documentary form (e.g., paper or electronic
4 documents, but excluding transcripts of depositions or other pretrial or trial
5 proceedings), that the Producing Party affix at a minimum, the legend
6 “CONFIDENTIAL” to each page that contains protected material. If only a portion
7 or portions of the material on a page qualifies for protection, the Producing Party
8 also must clearly identify the protected portion(s) (e.g., by making appropriate
9 markings in the margins).
10 A Party or Nonparty that makes original documents available for inspection
11 need not designate them for protection until after the inspecting Party has indicated
12 which documents it would like copied and produced. During the inspection and
13 before the designation, all of the material made available for inspection shall be
14 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
15 documents it wants copied and produced, the Producing Party must determine which
16 documents, or portions thereof, qualify for protection under this Stipulated
17 Protective Order. Then, before producing the specified documents, the Producing
18 Party must affix the legend “CONFIDENTIAL” to each page that contains Protected
19 Material. If only a portion or portions of the material on a page qualifies for
20 protection, the Producing Party also must clearly identify the protected portion(s)
21 (e.g., by making appropriate markings in the margins).
22 b. For testimony given in depositions, that the Designating Party
23 identify the Disclosure or Discovery Material on the record, before the close of the
24 deposition, all protected testimony.
25 c. For information produced in nondocumentary form, and for any
26 other tangible items, that the Producing Party affix in a prominent place on the
27 exterior of the container or containers in which the information is stored the legend
1 protection, the Producing Party, to the extent practicable, shall identify the protected
2 portion(s).
3 6.3 Inadvertent Failure to Designate
4 If timely corrected, an inadvertent failure to designate qualified information or
5 items does not, standing alone, waive the Designating Party’s right to secure protection
6 under this Stipulated Protective Order for such material. Upon timely correction of a
7 designation, the Receiving Party must make reasonable efforts to assure that the
8 material is treated in accordance with the provisions of this Stipulated Protective
9 Order.
10 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS
11 7.1 Timing of Challenges.
12 Any Party or Nonparty may challenge a designation of confidentiality at any
13 time that is consistent with the Court' s Scheduling Order.
14 7.2 Meet and Confer.
15 The Challenging Party shall initiate the dispute resolution process, which shall
16 comply with Local Rule 37.1 et seq., and with Section 4 of Judge Audero’s Procedures
17 (“Mandatory Telephonic Conference for Discovery Disputes”).1
18 7.3 Burden of Persuasion.
19 The burden of persuasion in any such challenge proceeding shall be on the
20 Designating Party. Frivolous challenges, and those made for an improper purpose
21 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
22 expose the Challenging Party to sanctions. Unless the Designating Party has waived or
23 withdrawn the confidentiality designation, all parties shall continue to afford the
24 material in question the level of protection to which it is entitled under the Producing
25 Party’s designation until the Court rules on the challenge.
26 / / /
27
1 Judge Audero’s Procedures are available at https://www.cacd.uscourts.gov/honorable-
1 8. ACCESS TO AND USE OF PROTECTED MATERIALS
2 8.1 Basic Principles.
3 A Receiving Party may use Protected Material that is disclosed or produced by
4 another Party or by a Nonparty in connection with this Action only for prosecuting,
5 defending, or attempting to settle this Action. Such Protected Material may be
6 disclosed only to the categories of persons and under the conditions described in this
7 Stipulated Protective Order. When the Action reaches a final disposition, a Receiving
8 Party must comply with the provisions of Section 14 below.
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 Stipulated Protective Order.
12 8.2 Disclosure of “CONFIDENTIAL: Information or Items.
13 Unless otherwise ordered by the Court or permitted in writing by the
14 Designating Party, a Receiving Party may disclose any information or item
15 designated “CONFIDENTIAL” only to:
16 a. The Receiving Party’s Outside Counsel of Record, as well as
17 employees of said Outside Counsel of Record to whom it is reasonably
18 necessary to disclose the information for this Action;
19 b. The officers, directors, and employees (including In-House
20 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for
21 this Action;
22 c. Experts of the Receiving Party to whom disclosure is
23 reasonably necessary for this Action and who have signed the
24 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
25 d. The Court and its personnel;
26 e. Court reporters and their staff;
27 f. Professional jury or trial consultants, mock jurors, and
1 and who have signed the “Acknowledgment and Agreement to be Bound”
2 (Exhibit A);
3 g. The author or recipient of a document containing the
4 information or a custodian or other person who otherwise possessed or knew the
5 information;
6 h. During their depositions, witnesses, and attorneys for
7 witnesses, in the Action to whom disclosure is reasonably necessary provided:
8 (i) the deposing party requests that the witness sign the “Acknowledgment and
9 Agreement to Be Bound” (Exhibit A); and (ii) the witness will not be permitted
10 to keep any confidential information unless they sign the “Acknowledgment and
11 Agreement to Be Bound,” unless otherwise agreed by the Designating Party or
12 ordered by the Court. Pages of transcribed deposition testimony or exhibits to
13 depositions that reveal Protected Material may be separately bound by the court
14 reporter and may not be disclosed to anyone except as permitted under this
15 Stipulated Protective Order; and
16 any mediator or settlement officer, and their supporting personnel, mutually
17 agreed upon by any of the parties engaged in settlement discussions.
18 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
IN OTHER LITIGATION
19
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
24 notification shall include a copy of the subpoena or court order;
25 b. Promptly notify in writing the party who caused the subpoena or
26 order to issue in the other litigation that some or all of the material covered by the
27 subpoena or order is subject to this Stipulated Protective Order. Such notification
1 c. Cooperate with respect to all reasonable procedures sought to be
2 pursued by the Designating Party whose Protected Material may be affected.
3 If the Designating Party timely seeks a protective order, the Party served with
4 the subpoena or court order shall not produce any information designated in this
5 action 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 10. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
12
13 10.1 Application.
14 The terms of this Stipulated Protective Order are applicable to information
15 produced by a Nonparty in this Action and designated as “CONFIDENTIAL.” Such
16 information produced by Nonparties in connection with this litigation is protected by
17 the remedies and relief provided by this Stipulated Protective Order. Nothing in these
18 provisions should be construed as prohibiting a Nonparty from seeking additional
19 protections.
20 10.2 Notification.
21 In the event that a Party is required, by a valid discovery request, to produce a
22 Nonparty’s confidential information in its possession, and the Party is subject to an
23 agreement with the Nonparty not to produce the Nonparty’s confidential
24 information, then the Party shall:
25 a. Promptly notify in writing the Requesting Party and the
26 Nonparty that some or all of the information requested is subject to a confidentiality
27 agreement with a Nonparty;
1 b. Promptly provide the Nonparty with a copy of the Stipulated
2 Protective Order in this Action, the relevant discovery request(s), and a reasonably
3 specific description of the information requested; and
4 c. Make the information requested available for inspection by the
5 Nonparty, if requested.
6 10.3 Conditions of Production.
7 If the Nonparty fails to seek a protective order from this Court within fourteen
8 (14) days after receiving the notice and accompanying information, the Receiving
9 Party may produce the Nonparty’s confidential information responsive to the
10 discovery request. If the Nonparty timely seeks a protective order, the Receiving
11 Party shall not produce any information in its possession or control that is subject to
12 the confidentiality agreement with the Nonparty before a determination by the
13 Court. Absent a court order to the contrary, the Nonparty shall bear the burden and
14 expense of seeking protection in this Court of its Protected Material.
15 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
16 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
17 Protected Material to any person or in any circumstance not authorized under this
18 Stipulated Protective Order, the Receiving Party immediately must (1) notify in
19 writing the Designating Party of the unauthorized disclosures, (2) use its best efforts
20 to retrieve all unauthorized copies of the Protected Material, (3) inform the person or
21 persons to whom unauthorized disclosures were made of all the terms of this
22 Stipulated Protective Order, and (4) request such person or persons to execute the
23 “Acknowledgment and Agreement to be Bound” (Exhibit A).
24 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
25
26 When a Producing Party gives notice to Receiving Parties that certain
27 inadvertently produced material is subject to a claim of privilege or other protection,
1 Procedure 26(b)(5)(B). This provision is not intended to modify whatever
2 procedure may be established in an e-discovery order that provides for production
3 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
4 (e), insofar as the parties reach an agreement on the effect of disclosure of a
5 communication or information covered by the attorney-client privilege or work
6 product protection, the parties may incorporate their agreement in the Stipulated
7 Protective Order submitted to the Court.
8 13. MISCELLANEOUS
9 13.1 Right to Further Relief.
10 Nothing in this Stipulated Protective Order abridges the right of any person to
11 seek its modification by the Court in the future.
12 13.2 Right to Assert Other Objections.
13 By stipulating to the entry of this Stipulated Protective Order, no Party waives
14 any right it otherwise would have to object to disclosing or producing any
15 information or item on any ground not addressed in this Stipulated Protective Order.
16 Similarly, no Party waives any right to object on any ground to use in evidence of
17 any of the material covered by this Stipulated Protective Order.
18 13.3 Filing Protected Material.
19 A Party that seeks to file under seal any Protected Material must comply with
20 Local Rule 79-5. Protected Material may only be filed under seal pursuant to a
21 court order authorizing the sealing of the specific Protected Material at issue. If a
22 Party’s request to file Protected Material under seal is denied by the Court, then the
23 Receiving Party may file the information in the public record unless otherwise
24 instructed by the Court.
25 14. FINAL DISPOSITION
26 After the final disposition of this Action, within sixty (60) days of a written
27 request by the Designating Party, each Receiving Party must return all Protected
1 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
2 summaries, and any other format reproducing or capturing any of the Protected
3 Material. Whether the Protected Material is returned or destroyed, the Receiving
4 Party must submit a written certification to the Producing Party (and, if not the same
5 person or entity, to the Designating Party) by the 60-day deadline that (1) identifies
6 (by category, where appropriate) all the Protected Material that was returned or
7 destroyed and (2) affirms that the Receiving Party has not retained any copies,
8 abstracts, compilations, summaries or any other format reproducing or capturing any
9 of the Protected Material. Notwithstanding this provision, Counsel is entitled to
10 retain an archival copy of all pleadings; motion papers; trial, deposition, and hearing
11 transcripts; legal memoranda; correspondence; deposition and trial exhibits; expert
12 reports; attorney work product; and consultant and expert work product, even if such
13 materials contain Protected Material. Any such archival copies that contain or
14 constitute Protected Material remain subject to this Stipulated Protective Order as
15 set forth in Section 5.
16 15. VIOLATION
17 Any violation of this Stipulated Order may be punished by any and all
18 appropriate measures including, without limitation, contempt proceedings and/or
19 monetary sanctions.
20 / / /
21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
3 Dated: July 19, 2023 QUARLES & BRADY LLP
4
By: /s/ Jeffrey P. Michalowski
5 RICHARD A. PAUL
JEFFREY P. MICHALOWSKI
6 MATTHEW W. BURRIS
ADRIELLI FERRER
7 Attorneys for Defendant
8
Dated: July 19, 2023 FOX ROTHSCHILD LLP
9
10 By: /s/ Michael K. Twersky
JOHN J. SHAEFFER
11 MICHAEL K. TWERSKY
BETH WEISSER
12 ERICKA PAGE
Attorneys for Sunil Kumar, Ph.D. and
13 Praveen Sinha, PH.D.
14
15 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
16 July 24, 2023
17 DATED:
Honorable Maria A. Audero
18 United States Magistrate Judge
19
20
21
22
23
24
25
26
27
1 SIGNATURE CERTIFICATION
2 I certify that the content of this document is acceptable to Michael Twersky
3 and that I have obtained authorization to affix his electronic signature to this
4 document.
5 Dated: July 19, 2023 QUARLES & BRADY LLP

6

7 By: /s/ Jeffrey P. Michalowski
RICHARD A. PAUL
8
JEFF MICHALOWSKI
9 MATTHEW W. BURRIS
10 ADRIELLI FERRER
Attorneys for Dr. Jolene Koester
11
12

13

14

15
16
17
18
19
20
21
22
23
24
25
26
27
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, __________________________________ [full name], of
4
________________________________ [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 Southern District of California
7
on [date] in the case of _______________________________ [case name and
8
number]. I agree to comply with and to be bound by all the terms of this Stipulated
9
Protective Order and I understand and acknowledge that failure to so comply could
10
expose me to sanctions and punishment in the nature of contempt. I solemnly
11
promise that I will not disclose in any manner any information or item that is subject
12
to this Stipulated Protective Order to any person or entity except in strict compliance
13
with the provisions of this Stipulated Protective Order.
14
I further agree to submit to the jurisdiction of the United States District Court
15
for the Central District of California for the purpose of enforcing the terms of this
16
Stipulated Protective Order, even if such enforcement proceedings occur after
17
termination of this action. I hereby appoint ____________________________ [full
18
name] of ___________________________________ [address and telephone
19
number] as my California agent for service of process in connection with this action
20
or any proceedings related to enforcement of this Stipulated Protective Order.
21

22
Signature: _______________________________
23
Printed name: _______________________________
24
Date: _______________________________
25
City and State Where Sworn and signed: _______________________________
26

27

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9983845. Public record. Not legal advice.