Applied Medical Resources Corporation v. Tyco Healthcare Group LP
Filing
32
STIPULATED PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich. (mz)
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Joseph R. Re (SBN 134479)
joe.re@kmob.com
Joseph F. Jennings (SBN 145920)
joe.jennings@kmob.com
Curtis R. Huffmire (SBN 225069)
curtis.huffmire@kmob.com
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Fourteenth Floor
Irvine, CA 92614
Telephone: (949) 760-0404
Facsimile: (949) 760-9502
Karen A. Gibbs (SBN 178690)
kgibbs@appliedmedical.com
Applied Medical Resources Corporation
22872 Avenida Empresa
Rancho Santa Margarita, CA 92688
Telephone: (949) 713-8000
Facsimile: (949) 713-8206
Attorneys for Plaintiff
APPLIED MEDICAL RESOURCES CORPORATION
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(Continued next page)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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)
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Plaintiff,
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v.
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TYCO HEALTHCARE GROUP LP
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d/b/a COVIDIEN,
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Defendant.
__________________________________ )
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AND RELATED COUNTERCLAIMS. )
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APPLIED MEDICAL RESOURCES
CORPORATION,
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04072.62157/4329453.3
Civil Action No.:
CV 11-4203 VBF (AJWx)
STIPULATED PROTECTIVE
ORDER
Honorable Andrew J. Wistrich
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John B. Quinn (Bar No. 090378)
johnquinn@quinnemanuel.com
Christopher A. Mathews (Bar No. 144021)
chrismathews@quinnemanuel.com
QUINN EMANUEL
URQUHART & SULLIVAN,thLLP
865 South Figueroa Street, 10 Floor
Los Angeles, California 90017
Phone: (213) 443-3000
Fax: (213) 443-3100
Peter J. Armenio (pro hac vice)
peterarmenio@quinnemanuel.com
QUINN EMANUEL
URQUHART & SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, New York 10010
Phone: (212) 849-7000
Fax: (212) 849-7100
Attorneys for Defendant
TYCO HEALTHCARE GROUP LP d/b/a
COVIDIEN
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04072.62157/4329453.3
1
PROTECTIVE ORDER
2
To expedite the flow of discovery material, to facilitate the prompt
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resolution of disputes over confidentiality of discovery materials, to adequately
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protect information the parties are entitled to keep confidential, to ensure that
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only materials the parties are entitled to keep confidential are subject to such
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treatment, and to ensure that the parties are permitted reasonably necessary uses
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of such materials in preparation for and in the conduct of trial in the above-
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captioned case, it is hereby ORDERED THAT:
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Scope of the Order
1.
This Order shall apply to all materials produced in this litigation
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by, and all testimony given in any deposition on behalf of, plaintiff Applied
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Medical Resources Corporation or defendant Tyco Healthcare Group LP d/b/a
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Covidien (each of which is referred to herein as a "Party") or by or on behalf of
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any person or entity that is not a party hereto (a "Non-Party"), and to all
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information disclosed during the course of the litigation in response to a
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subpoena, document request and/or notice of deposition served in connection
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with this litigation ("Litigation Materials").
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2.
Litigation Materials and the information therefrom shall be used
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solely for the purpose of preparing for and conducting this litigation and shall
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not be disclosed except as under such restrictions as provided for in this Order.
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Designation of Materials by Parties and Non-Parties
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3.
A document, or portion thereof, or an item of information may be
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classified and maintained as "CONFIDENTIAL" if the document, portion or
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item contains or constitutes information that (i) has not been made public by the
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producing or originating person or entity; and (ii) cannot be obtained from
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public sources.
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4.
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A document, or portion thereof, or an item of information may be
classified and maintained as "HIGHLY CONFIDENTIAL" if the document,
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portion or item contains or constitutes information that (i) has not been made
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public by the producing or originating person or entity, (ii) cannot be obtained
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from public sources, and (iii) disclosure of the document or information poses a
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significant risk of competitive or other harm to the producing, supplying, or
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originating person or entity; and the document or information relates to:
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(a)
pending unpublished patent applications;
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(b)
products under development that have been maintained in
(c)
contacts and communications relating to prospective
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confidence;
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employment and related financial terms;
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(d)
contacts and communications relating to prospective or
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actual agreements or contractual arrangements, and the financial terms thereof,
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with distributors, wholesalers, hospitals, group purchasing organizations,
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hospital buying groups and similar entities;
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(e)
acquisition of business units and related financial terms;
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contacts and communications relating to potential merger or
(f)
contacts and communications relating to any future potential
acquisition of patents or other intellectual property and related financial terms;
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(g)
contacts
and
information
relating
to
contemplated
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modifications to existing corporate structure or financing, e.g., public offerings;
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infusions of venture capital or other investment; securing or restructuring lines
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of credit; or the elimination or divestiture of existing business units;
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(h)
financial
information,
including
pricing
information,
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financial data, sales information, units and values of sales, sales analyses by
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region or customer, competitive analyses, and performance metrics and reports;
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(i)
documents or information as to which the producing Party
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has a pre-existing and continuing duty of confidentiality to a Non-Party,
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provided that the Non-Party has in good faith required the producing Party to
04072.62157/4329453.3
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designate the documents or information "HIGHLY CONFIDENTIAL" as a
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condition of production or disclosure; or
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(j)
documents or information as to which the producing person
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or entity has a pre-existing and continuing duty of confidentiality to another
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person or entity, provided, however, that requests for downgrading the
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designation of documents and information shall be made to the originating
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person or entity rather than the producing person or entity. Upon receipt of such
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a request, the originating person or entity shall determine and advise what, if
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any, level of confidentiality is asserted for the documents or information, this
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determination being made as if the documents or information was being
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produced by the originating person or entity.
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The provisions of this paragraph do not preclude a person or entity from
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asserting that such a document, or portion thereof, or item of information, is not
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discoverable at all.
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5.
Documents or information (including portions of deposition
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transcripts) designated as "CONFIDENTIAL," or information derived
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therefrom, may be disclosed or made available only to the following persons:
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(a)
reporters (through filing under seal, or at any trial or hearing);
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to the Court and its officers and staff, including court
(b)
to outside counsel for the Parties (including legal and clerical
staff employed or engaged by such counsel);
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(c)
in-house counsel for the Parties to this action and staff
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employed or engaged by such counsel, who shall make no use of any such
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materials except for purposes of providing legal counsel with respect to this
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litigation;
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(d)
no more than five (5) other persons such as officers,
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directors, or employees of the Parties to this action when such actions is deemed
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necessary to aid trial counsel in the prosecution, defense, or settlement of this
04072.62157/4329453.3
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action; and
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(e)
to outside experts, consultants, advisors and/or translators
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retained to furnish technical or expert services and/or to give testimony with
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respect to the subject matter thereof for trial of this action.
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(f)
to individuals and organizations that provide photocopying,
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document
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stenographic, and court reporting services.
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processing,
6.
graphics,
jury
consulting,
transcripts) designated as "HIGHLY CONFIDENTIAL," or information derived
therefrom, may be disclosed or made available only to the following persons:
(a)
to the Court and its officers, including court reporters
(through filing under seal, or at any trial or hearing);
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translation,
Documents or information (including portions of deposition
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imaging,
(b)
to outside counsel for the Parties (including legal and clerical
staff employed or engaged by such counsel);
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(c)
the following designated in-house counsel or such other in-
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house counsel as may replace them, who shall make no use of any such
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materials except for purposes of providing legal counsel with respect to this
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litigation: For Tyco Healthcare Group LP d/b/a Covidien, Mark Farber, Esq. and
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Kevin Ferguson, Esq.; For Applied Medical Resources Corporation, Karen
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Gibbs, Esq. and Michael Vaughn, Esq.
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(d)
to outside experts, consultants, advisors and/or translators
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retained to furnish technical or expert services and/or to give testimony with
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respect to the subject matter thereof for trial of this action.
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(e)
to individuals and organizations that provide photocopying,
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document
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stenographic, and court reporting services.
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processing,
7.
imaging,
translation,
graphics,
jury
consulting,
Any classification of documents or information (or parts thereof) as
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" will be done by the
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producing person or entity applying in good faith the criteria outlined in
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Paragraphs 3 and 4 above. Documents may be produced for inspection by
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counsel prior to such designation without waiving any right to so designate
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materials before providing copies to the requesting Party.
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(a)
The inadvertent delivery of documents or information that
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could properly be designated as "CONFIDENTIAL" pursuant to Paragraph 3
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above, or "HIGHLY CONFIDENTIAL" pursuant to Paragraph 4 above, shall be
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without prejudice to the producing person or entity.
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document or information, a person or entity determines that the document or
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information should have been designated as "CONFIDENTIAL" or "HIGHLY
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CONFIDENTIAL", the producing person or entity shall promptly provide
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written notice to the receiving Party and shall provide the receiving Party with a
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replacement
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"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" designation within five
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(5) business days after giving such written notice. The receiving Party shall
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promptly return the undesignated documents or information to the producing
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person or entity. During the five (5) business day period following written
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notification that documents or information should have been designated as
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"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL," the receiving Party shall
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treat the undesignated document or information as though it has been so
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designated and shall retrieve all copies of the document for return to the
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producing person or entity.
copy
of
the
documents
or
If, after producing a
information
bearing
a
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(b) If, after producing a document or information, a person or entity
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discovers that the document or information was properly subject to protection
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under the attorney-client privilege or the attorney work product doctrine, the
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producing person or entity shall promptly provide written notice to the receiving
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Party that such document or information was inadvertently produced and
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properly subject to protection under the attorney-client privilege or the attorney
04072.62157/4329453.3
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work product doctrine. Upon receiving such written notice from the producing
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Party that privileged information or attorney work product material has been
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inadvertently produced, all such information, and all copies thereof, shall be
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returned to the producing Party. Furthermore, any analyses, memoranda or
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notes that were internally generated based upon such inadvertently produced
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information or material shall immediately be treated in conformance with the
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protected nature of the information. If the receiving Party disagrees with the
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designation of any such information or material as privileged or otherwise
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protected after conferring with the producing Party in good faith, the receiving
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Party shall nonetheless return such information or material to the producing
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Party as specified above, but may move the Court for production of the returned
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information or material.
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information or material for further disposition.
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8.
The producing Party shall retain all returned
A producing person or entity may designate documents or
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information as confidential by marking each page of a document with a stamp
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identifying this civil action and using the word "CONFIDENTIAL" or by one of
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the following ways:
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(a)
By so marking each page of the documents or information
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prior to their production. If the document is not in paper form, the producing
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person or entity shall use other such reasonable means as necessary to identify
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clearly the document or information as "CONFIDENTIAL."
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(b)
If information disclosed during the course of a deposition is
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deemed "CONFIDENTIAL" by a person or entity, the designation thereof as
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"CONFIDENTIAL" shall be made either by a statement on the record at the
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deposition or within fourteen (14) days after receipt by counsel of a copy of the
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deposition transcript. Such designation as "CONFIDENTIAL" will be applied
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to only those portions of the deposition transcript that include a specific
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question and response or series of questions and responses containing
04072.62157/4329453.3
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"CONFIDENTIAL" information.
9.
A producing person or entity may designate its most confidential
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documents or information pursuant to Paragraph 6 above by marking each page
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of a document with a stamp identifying this civil action and using the words
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"HIGHLY CONFIDENTIAL" or by one of the following ways:
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(a)
By so marking each page of the documents or information
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prior to their production. If the document is not in paper form, the producing
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person or entity shall use other such reasonable means as necessary to identify
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clearly the document or information as "HIGHLY CONFIDENTIAL."
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(b) If information disclosed during the course of a deposition is
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deemed "HIGHLY CONFIDENTIAL" by the witness or the entity on whose
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behalf the witness is testifying, the designation thereof as "HIGHLY
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CONFIDENTIAL" shall be made either by a statement on the record at the
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deposition or within fourteen (14) days after receipt by counsel of a copy of the
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deposition transcript. Such designation as "HIGHLY CONFIDENTIAL" will be
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applied to only those portions of the deposition transcript that include a specific
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question and response or series of questions and responses containing
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"HIGHLY CONFIDENTIAL" information. All depositions transcripts shall be
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treated as "HIGHLY CONFIDENTIAL" in their entirety prior to the end of such
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fourteen (14) day period.
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10.
If at any deposition a Party wishes to use or inquire about
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documents or information previously designated as "CONFIDENTIAL" or
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"HIGHLY CONFIDENTIAL," the portion of the deposition transcript that
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relates to such documents or information shall be designated and treated as
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"CONFIDENTIAL"
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classification of the document or information, the designation being recited in
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both a header and a footer on each of the designated pages. The deposition
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transcript shall be printed in consecutive pages (whether or not some pages are
04072.62157/4329453.3
or
"HIGHLY
CONFIDENTIAL"
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to
reflect
the
1
designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL"), with a
2
marking
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"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" designation contained
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therein.
5
on
11.
the
cover
of
the
deposition
transcript
indicating
the
If counsel for a Party receiving documents or information
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designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" hereunder
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objects to such designation of any or all of such items, the following procedure
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shall apply:
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(a)
Counsel for the objecting Party shall serve on the designating
10
person or entity a written objection to such designation, which shall describe
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with particularity the documents or information in question and shall state the
12
grounds for objection.
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respond in writing to such objection within ten (10) days, and shall state with
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particularity the grounds for asserting that the document or information is
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"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL." If no written response is
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made to the objection, the challenged designation will be deemed to be void. If
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the designating person or entity makes a timely response to such objection
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asserting the propriety of the designation, counsel shall then confer in good faith
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in an effort to resolve the dispute.
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(b)
Counsel for the designating person or entity shall
If a dispute as to a "CONFIDENTIAL" or "HIGHLY
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CONFIDENTIAL" designation of a document or item of information cannot be
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resolved by agreement, the Party objecting to the designation may move the
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Court for an order removing the challenged designation. The document or
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information that is the subject of the filing shall be treated as originally
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designated pending resolution of the dispute.
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12.
The failure by any Party to challenge the designation by a
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producing person or entity of material as "CONFIDENTIAL" or "HIGHLY
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CONFIDENTIAL" during the discovery period shall not be construed as a
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waiver of a Party's right to object to such designation at trial.
13.
None of the restrictions on the disclosure of designated documents
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or information imposed by Paragraphs 5 and 6 shall limit the use of such
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materials in connection with the deposition or other examination of any officer,
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director, employee, or agent of the producing person or entity who presently has
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or formerly had access to such documents or information in the normal course
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of his or her work for the producing person or entity.
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14.
Prior to disclosing any materials designated by a producing Party
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as "CONFIDENTIAL" and/or "HIGHLY CONFIDENTIAL" to outside experts,
10
consultants and/or advisors referred to in paragraph 5(e) and/or 6(d) above,
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counsel for the receiving Party making such disclosure shall:
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(a) provide a copy of this Protective Order to each such outside
expert, consultant or advisor;
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(b) obtain from the outside expert, consultant or advisor a fully
executed undertaking in the form attached hereto as Exhibit A; and
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(c) identify each such outside expert, consultant or advisor to
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whom disclosure is proposed to be made by providing to producing counsel, via
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overnight courier or same day hand delivery, same day facsimile or same day e-
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mail, a copy of each such expert's, consultant's or advisor's executed
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undertaking along with a current resume for each such expert, consultant or
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advisor.
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employers and clients for whom the consultant or expert has worked in the last
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four (4) years, as well as any litigation matters in which the expert, consultant or
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advisor has testified, either by way of expert report, deposition, or testimony at a
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hearing or trial, over the last four (4) years.
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The expert's, consultant's or advisor's resume must identify all
15.
Counsel for the receiving Party making the disclosure shall not
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disclose
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CONFIDENTIAL" to any outside expert, consultant or advisor for a period of
materials
04072.62157/4329453.3
designated
"CONFIDENTIAL"
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or
"HIGHLY
1
seven (7) court days from the date on which it provides to producing counsel the
2
items specified in paragraph 14(c) above. If within this seven (7) day period
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producing counsel does not object, in writing, to the proposed disclosure to the
4
expert, consultant or advisor identified pursuant to paragraph 14(c) above, then
5
counsel for the receiving person or entity shall be permitted to disclose the
6
"CONFIDENTIAL" and/or "HIGHLY CONFIDENTIAL" materials to that
7
expert, consultant or advisor. If within this seven (7) day period, producing
8
counsel objects in writing to the proposed disclosure to the expert, consultant or
9
advisor identified pursuant to paragraph 14(c) above, then counsel for the
10
receiving Party shall not be permitted to disclose "CONFIDENTIAL" and/or
11
"HIGHLY CONFIDENTIAL" materials to that expert, consultant or advisor,
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absent further order from the Court. The producing counsel shall have the
13
burden of filing a motion for protective order with the Court within seven (7)
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court days of objecting to the outside expert, consultant or advisor prohibiting
15
the disclosure of "CONFIDENTIAL" and/or "HIGHLY CONFIDENTIAL"
16
materials to the independent expert, consultant or advisor to whom the
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producing counsel has objected. If the seven (7) court days elapse without the
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producing counsel seeking relief from the Court, the requested information may
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be shared with the outside expert, consultant or advisor in accordance with the
20
terms of this Protective Order.
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16.
Whether disclosure of "HIGHLY CONFIDENTIAL" documents or
22
information to any person under Paragraph 6(c) results from agreement of the
23
Parties and/or Non-Parties or by order of the Court, or disclosure of
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"CONFIDENTIAL" documents or information is made to any person under
25
Paragraph 5(c)-5(d), or any translator under Paragraph 5(e), counsel for the
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Party making the disclosure shall deliver a copy of this Order as entered to such
27
person, explain its terms to such person, and secure the signature of such person
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on a written undertaking in the form attached hereto as Exhibit A. Each Party
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shall maintain a file of all such signed copies of Exhibit A. Further, it shall be
2
the obligation of counsel for the disclosing Party, upon learning of any breach or
3
threatened breach of this Order promptly to take all reasonable action to prevent
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the threatened breach or remedy an actual breach.
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17.
Documents or information designated as "CONFIDENTIAL" or
6
"HIGHLY CONFIDENTIAL" shall be used by the persons receiving them
7
solely for the purposes of preparing for and conducting this action and for no
8
other action or proceeding. Persons receiving such documents or information
9
shall not use them for any business or other purpose, and shall not disclose them
10
to any person not expressly permitted by the terms of this Order to have such
11
access. All documents or information designated as "CONFIDENTIAL" or
12
"HIGHLY CONFIDENTIAL" shall be maintained by the receiving Party so as
13
to preclude access by unauthorized persons. "CONFIDENTIAL" or "HIGHLY
14
CONFIDENTIAL" documents or information provided to an outside expert,
15
consultant or advisor shall be kept at such person’s offices in a manner designed
16
to ensure against disclosures not authorized by this Order.
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18.
Documents or information designated as "CONFIDENTIAL" or
18
"HIGHLY CONFIDENTIAL" shall not be copied or otherwise reproduced by a
19
receiving Party except to make working copies, abstracts, digests or analyses for
20
use solely in connection with the prosecution or defense of this action. Such
21
working copies shall be designated "CONFIDENTIAL" or "HIGHLY
22
CONFIDENTIAL" under the terms of this Order and shall be marked and
23
handled accordingly. Notwithstanding the foregoing, Parties may electronically
24
reproduce or store documents or information designated as "CONFIDENTIAL"
25
or "HIGHLY CONFIDENTIAL," but only if the Parties take adequate measures
26
to prevent access to the documents or information by unauthorized persons.
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19.
Nothing herein shall impose any restrictions on the use or
disclosure by a Party or witness of its own documents or information, or of
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documents or information obtained by such Party or witness independent of the
2
discovery proceedings, inclusive of any discovery received from a Non-Party in
3
this action and the earlier actions between the Parties, whether or not such
4
documents or information are also obtained through discovery proceedings in
5
this action.
6
20. Without written permission from the producing Party or a Court Order
7
secured after appropriate notice to all interested persons, a Party may not file in
8
the public record in this action any "CONFIDENTIAL" or "HIGHLY
9
CONFIDENTIAL" material but must file such "CONFIDENTIAL" or
10
"HIGHLY CONFIDENTIAL" material under seal in conformance with the
11
Court's rules and procedures, including Local Rule 79-5. "CONFIDENTIAL"
12
or "HIGHLY CONFIDENTIAL" material filed under seal shall bear the title of
13
this matter, an indication of the contents of such sealed envelope or container,
14
the
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PURSUANT TO STIPULATED PROTECTIVE ORDER" or "HIGHLY
16
CONFIDENTIAL INFORMATION AS DESIGNATED PURSUANT TO
17
STIPULATED PROTECTIVE ORDER", as appropriate, and a statement
18
substantially in the following form:
words
"CONFIDENTIAL
INFORMATION
AS
DESIGNATED
19
This envelope contains confidential information filed in
20
this case by [name of party] and is not to be opened nor the
21
contents thereof to be displayed or revealed except by order of
22
the Court presiding over this matter.
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21.
If a Party intends to offer into evidence or otherwise disclose in
24
open court any document or information designated as "CONFIDENTIAL" or
25
"HIGHLY CONFIDENTIAL" counsel for such Party shall confer with the
26
Court concerning appropriate procedures for doing so.
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22.
Nothing in this Order shall operate as an admission by any person
or entity that any particular documents or information or testimony contain or
04072.62157/4329453.3
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1
reflect currently valuable trade secrets or confidential commercial information.
2
23.
On termination of this action, including all appeals, the receiving
3
Party shall either: (1) return to counsel for each producing person or entity all
4
documents or information designated by the producing person or entity as
5
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" and all copies of such
6
documents or information and shall destroy all abstracts, digests and analyses
7
thereof, however stored or reproduced, or (2) destroy and provide certification
8
to the producing person or entity disclosing such materials that the
9
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" materials, including all
10
abstracts, digests and analyses thereof, however stored or reproduced, have been
11
destroyed. On termination of this action, counsel for each Party may maintain
12
in its files one copy of "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL"
13
materials as filed with or otherwise presented to the Court. Except as otherwise
14
specified in this paragraph, the obligations herein undertaken by the Parties to
15
maintain the confidentiality of designated materials shall survive the termination
16
of this action, and the Court shall retain jurisdiction to enforce the performance
17
of said obligations.
18
24.
Any Party or Non-Party, jointly or severally, may ask the Court on
19
notice to modify or grant relief from any provision of this Order. In those
20
instances in which the Parties are in agreement as to the modification to be
21
requested, the proposed modification to the Order shall be presented to the
22
Court as a Joint Motion for Modification signed by counsel for both Parties.
23
25.
No terms or conditions expressed in this Order relating to the
24
handling of "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" documents or
25
information shall be binding on the Court or its officers or staff.
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///
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///
04072.62157/4329453.3
-13-
1
26.
The Parties’ obligations under this Order shall survive the
2
termination of the above captioned litigation, including subsequent appeals or
3
later proceedings, for any retained Litigation Materials or information, extracts,
4
summaries, notes, or compilations derived therefrom.
5
6
7
SO ORDERED AND SIGNED this
14th
day of September, 2011.
8
9
10
Honorable Andrew J. Wistrich
United States Magistrate Judge
11
12
13
Respectfully submitted,
14
KNOBBE, MARTENS, OLSON & BEAR, LLP
15
16
17
Dated: September 15, 2011
18
19
20
21
22
By: /s/ Curtis R. Huffmire
Joseph R. Re
Joseph F. Jennings
Curtis R. Huffmire
Attorneys for Plaintiff and Counterclaim
Defendant,
APPLIED MEDICAL RESOURCES
CORPORATION
QUINN EMANUEL URQUHART & SULLIVAN, LLP
23
24
Dated: September 15, 2011
25
26
27
By: /s/Christopher A. Mathews (with permission)
Christopher A. Mathews
Attorneys for Defendant and Counterclaim
Plaintiff,
TYCO HEALTHCARE GROUP LP d/b/a
COVIDIEN
28
04072.62157/4329453.3
-14-
1
UNDERTAKING
2
3
1.
I, ______________________________________________, have
4
read the foregoing Protective Order (the "Order") and agree to be bound by its
5
terms
6
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" that are furnished to me
7
as set forth in the Order.
8
with
2.
respect
to
any
documents
or
information
marked
I further agree (i) not to disclose to anyone any documents or
9
information marked "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" other
10
than as set forth in the Order, and (ii) not to make any copies of any documents
11
or information marked "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL"
12
furnished to me except in accordance with the Order.
13
3.
I hereby consent to the jurisdiction of the United States District
14
Court for the Central District of California, Western Division, with regard to
15
any proceedings to enforce the terms of the Order.
16
4.
I hereby agree that any documents, material, or information marked
17
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" furnished to me will be
18
used by me only for the purposes of this litigation and for no other purpose, and
19
will not be used by me in any business affairs of my employer or of my own or
20
be imparted by me to any other person.
21
22
Signature: _______________________
23
Date: ___________________________
24
25
11857897
26
27
28
04072.62157/4329453.3
-15-
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