Steven Brand v. Nissan North America, Inc., No. 2:2016cv07378 - Document 43 (C.D. Cal. 2018)
Court Description: ORDER GRANTING STIPULATED AMENDED PROTECTIVE ORDER by Magistrate Judge Steve Kim. (See document for further details.) re Stipulation for Protective Order 42 , Stipulation for Protective Order 41 . (sbou)
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Steven Brand v. Nissan North America, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 Doc. 43 Amir Nassihi, Esq. (SBN 235936) Andrew L. Chang (SBN222309) SHOOK, HARDY & BACON L.L.P. One Montgomery, Suite 2700 San Francisco, California 94104-4505 Telephone: 415.544.1900 Facsimile: 415.391.0281 anassihi@shb.com achang@shb.com Paul B. La Scala, Esq. (SBN 186939) Gabriel S. Spooner, Esq. (SBN 263010) SHOOK, HARDY & BACON L.L.P. Jamboree Center 5 Park Plaza, Suite 1600 Irvine, California 92614 Telephone: 949.475.1500 Facsimile: 949.475.0016 plascala@shb.com gspooner@shb.com Attorneys for Defendant NISSAN NORTH AMERICA, INC. 13 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 STEVEN BRAND, individual, and on behalf of a class of similarly situated individuals, 18 19 20 21 Plaintiffs, Case No. 2:16-CV-07378-VAP-SK Judge: Hon. Virginia A. Phillips Courtroom: 8A ORDER GRANTING STIPULATED AMENDED PROTECTIVE ORDER vs. NISSAN NORTH AMERICA, INC., a California corporate, Defendant. 22 23 24 The Court, having considered the Parties’ Stipulated Amended Protective 25 Order, all the papers filed in connection and for good cause appearing, hereby 26 GRANTS the Stipulation, and ORDERS the following: 27 28 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378-VAP-SK Dockets.Justia.com 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order does 7 not confer blanket protections on all disclosures or responses to discovery and that the 8 protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable 10 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 11 that this Stipulated Protective Order does not entitle them to file confidential 12 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 13 followed and the standards that will be applied when a party seeks permission from 14 the court to file material under seal. 15 B. GOOD CAUSE STATEMENT 16 The parties to the Litigation assert that public dissemination and disclosure of 17 Confidential Information could severely injure or damage the party disclosing or 18 producing the Confidential Information and could place that party at a competitive 19 disadvantage. This action is likely to involve trade secrets, customer and pricing lists 20 and other valuable research, development, commercial, financial, technical and/or 21 proprietary information for which special protection from public disclosure and from 22 use for any purpose other than prosecution of this action is warranted. Such 23 confidential and proprietary materials and information consist of, among other things, 24 confidential business or financial information, information regarding confidential 25 business practices, or other confidential research, development, or commercial 26 information (including information implicating privacy rights of third parties), 27 information otherwise generally unavailable to the public, or which may be privileged 28 2 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 1 or otherwise protected from disclosure under state or federal statutes, court rules, case 2 decisions, or common law. Accordingly, to expedite the flow of information, to 3 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 4 to adequately protect information the parties are entitled to keep confidential, to ensure 5 that the parties are permitted reasonable necessary uses of such material in preparation 6 for and in the conduct of trial, to address their handling at the end of the litigation, and 7 serve the ends of justice, a protective order for such information is justified in this 8 matter. It is the intent of the parties that information will not be designated as 9 confidential for tactical reasons and that nothing be so designated without a good faith 10 belief that it has been maintained in a confidential, non-public manner, and there is 11 good cause why it should not be part of the public record of this case. 12 2. 13 14 15 16 DEFINITIONS 2.1 Action: this pending federal lawsuit entitled Steven Brand v. Nissan North America, Inc., Case No. 2:16-CV-07378-VAP-SK. 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 17 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it 18 is generated, stored or maintained) or tangible things that qualify for protection under 19 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 20 Statement. 21 22 23 2.4 Counsel: Outside 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 24 items that it produces in disclosures or in responses to discovery as 25 “CONFIDENTIAL.” 26 27 2.6 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, 28 3 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 1 among other things, testimony, transcripts, and tangible things), that are produced or 2 generated in disclosures or responses to discovery in this matter. 3 2.7 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 5 expert witness or as a consultant in this Action. 6 2.8 House Counsel: attorneys who are employees of a party to this Action. 7 House Counsel does not include Outside Counsel of Record or any other outside 8 counsel. 9 10 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 11 2.10 Outside Counsel of Record: attorneys who are not employees of a party 12 to this Action but are retained to represent or advise a party to this Action and have 13 appeared in this Action on behalf of that party or are affiliated with a law firm which 14 has appeared on behalf of that party, and includes support staff. 15 2.11 Party: any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 19 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 20 2.13 Professional Vendors: persons or entities that provide litigation support 21 services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 2.14 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL.” Except as otherwise indicated below, all 26 documents, including photographs, drawings, films, videotapes or other writings, 27 including lists or compilations thereof, answers to interrogatories, responses to other 28 4 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 1 discovery requests and deposition testimony designated by the producing party as 2 “CONFIDENTIAL,” “SUBJECT TO PROTECTIVE ORDER,” or any combination 3 thereof, and which are disclosed or produced to the attorneys for the other parties to 4 this Action are CONFIDENTIAL and are entitled to CONFIDENTIAL treatment as 5 described below. 6 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 7 from a Producing Party. 8 3. SCOPE 9 The protections conferred by this Stipulation and Order cover not only 10 Protected Material (as defined above), but also (1) any information copied or extracted 11 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 12 Protected Material; and (3) any testimony, conversations, or presentations by Parties 13 or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the trial 14 15 judge. This Order does not govern the use of Protected Material at trial. 16 4. DURATION 17 Even after final disposition of this litigation, the confidentiality obligations 18 imposed by this Order shall remain in effect until a Designating Party agrees 19 otherwise in writing or a court order otherwise directs. Final disposition shall be 20 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 21 or without prejudice; and (2) final judgment herein after the completion and 22 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 23 including the time limits for filing any motions or applications for extension of time 24 pursuant to applicable law. 25 5. 26 27 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 28 5 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 1 Order must take care to limit any such designation to specific material that qualifies 2 under the appropriate standards. The Designating Party must designate for protection 3 only those parts of material, documents, items, or oral or written communications for 4 which protection is not warranted are not swept unjustifiably within the ambit of this 5 Order. 6 Mass, indiscriminate, or routinized designations are prohibited. Designations 7 that are shown to be clearly unjustified or that have been made for an improper 8 purpose (e.g., to unnecessarily encumber the case development process or to impose 9 unnecessary expenses and burdens on other parties) may expose the Designating Party 10 to sanctions. 11 If it comes to a Designating Party’s attention that information or items that it 12 designated for protection do not qualify for protection, that Designating Party must 13 promptly notify all other Parties that it is withdrawing the inapplicable designation. 14 5.2 Manner and Timing of Designations. Except as otherwise provided in 15 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 16 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 17 under this Order must be clearly so designated before the material is disclosed or 18 produced. 19 Designation in conformity with this Order requires: 20 (a) for information in documentary form (e.g., paper or electronic 21 documents, but excluding transcripts of depositions or other pretrial or trial 22 proceedings), that the Producing Party affix at a minimum, the legend 23 “CONFIDENTIAL” OR “SUBJECT TO PROTECTIVE ORDER” (hereinafter 24 “CONFIDENTIAL legend”), to each page that contains protected material. 25 A Party or Non-Party that makes original documents available for inspection 26 need not designate them for protection until after the inspecting Party has indicated 27 which documents it would like copied and produced. During the inspection and before 28 6 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 1 the designation, all of the material made available for inspection shall be deemed 2 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 3 copied and produced, the Producing Party must determine which documents, or 4 portions thereof, qualify for protection under this Order. Then, before producing the 5 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 6 to each page that contains Protected Material. 7 (b) for testimony given in depositions that the Designating Party identify 8 the Disclosure or Discovery Material on the record, before the close of the deposition 9 all protected testimony. In the case of testimony not so designated during the course 10 of a deposition, counsel may, within thirty (30) days of receiving the deposition 11 transcript, 12 “CONFIDENTIAL” material, in which case the testimony shall be subject to the full 13 protection of this Order. notify the parties that the deposition testimony contains 14 (c) for information produced in some form other than documentary and for 15 any other tangible items, that the Producing Party affix in a prominent place on the 16 exterior of the container or containers in which the information is stored the legend 17 “CONFIDENTIAL.” 18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 19 failure to designate qualified information or items does not, standing alone, waive the 20 Designating Party’s right to secure protection under this Order for such material. 21 Upon timely correction of a designation, the Receiving Party must make reasonable 22 efforts to assure that the material is treated in accordance with the provisions of this 23 Order. 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time that is consistent with the Court’s 27 Scheduling Order. 28 7 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 1 2 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 3 6.3 The burden of persuasion in any such challenge proceeding shall be on 4 the Designating Party. Frivolous challenges, and those made for an improper purpose 5 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 6 expose the Challenging Party to sanctions. Unless the Designating Party has waived 7 or withdrawn the confidentiality designation, all parties shall continue to afford the 8 material in question the level of protection to which it is entitled under the Producing 9 Party’s designation until the Court rules on the challenge. 10 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 12 disclosed or produced by another Party or by a Non-Party in connection with this 13 Action only for prosecuting, defending, or attempting to settle this Action. Such 14 Protected Material may be disclosed only to the categories of persons and under the 15 conditions described in this Order. When the Action has been terminated, a Receiving 16 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a 18 location and in a secure manner that ensures that access is limited to the persons 19 authorized under this Order. 20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 21 otherwise ordered by the court or permitted in writing by the Designating Party, a 22 Receiving 23 “CONFIDENTIAL” only to: Party may disclose any information or item designated 24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 25 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 26 disclose the information for this Action; (b) the officers, directors, and employees (including House Counsel) of the 27 28 Receiving Party to whom disclosure is reasonably necessary for this Action; 8 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 1 (c) Experts (as defined in this Order) of the Receiving Party who are not 2 employed by or engaged as employees or contractors of a competitor of the Producing 3 Party, to whom disclosure is reasonably necessary for this Action and who have 4 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 5 (d) the court and its personnel; 6 (e) court reporters and their staff; 7 (f) professional jury or trial consultants, mock jurors, and Professional 8 Vendors to whom disclosure is reasonably necessary for this Action and who have 9 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 (g) the author or recipient of a document containing the information; 11 (h) during their depositions, witnesses, and attorneys for witnesses, in the 12 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 13 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 14 not be permitted to keep any confidential information unless they sign the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 16 by the Designating Party or ordered by the court. Pages of transcribed deposition 17 testimony or exhibits to depositions that reveal Protected Material may be separately 18 bound by the court reporter and may not be disclosed to anyone except as permitted 19 under this Stipulated Protective Order; and 20 21 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 22 Prior to the disclosure of any of the materials or information covered by this 23 Stipulated Protective Order to any person identified in 7.2 a-i, counsel disclosing the 24 materials or information shall present the person with a copy of this Order. After 25 reading the Order, such persons shall initial each page of a copy of the Order and shall 26 sign the attached form of “Acknowledgment and Agreement to Be Bound” (Exhibit 27 A). Copies of each such signed Order and Acknowledgement shall be maintained by 28 9 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 1 counsel disclosing the materials or information. In the event that any of these 2 individuals are identified or designated as experts who may testify in the Litigation, a 3 copy of each such signed Order and Acknowledgement shall be provided to opposing 4 counsel at the time of the designation. 5 6 8. 7 OTHER LITIGATION 8 9 10 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 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: 11 12 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 13 (b) promptly notify in writing the party who caused the subpoena or order 14 to issue in the other litigation that some or all of the material covered by the subpoena 15 or order is subject to this Protective Order. Such notification shall include a copy of 16 this Stipulated Protective Order; and 17 18 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 19 If the Designating Party timely seeks a protective order, the Party served with 20 the subpoena or court order shall not produce any information designated in this 21 action as “CONFIDENTIAL” before a determination by the court from which the 22 subpoena or order issued, unless the Party has obtained the Designating Party’s 23 permission. The Designating Party shall bear the burden and expense of seeking 24 protection in that court of its confidential material and nothing in these provisions 25 should be construed as authorizing or encouraging a Receiving Party in this Action to 26 disobey a lawful directive from another court. 27 28 10 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 2 IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a 4 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 5 produced by Non-Parties in connection with this litigation is protected by the 6 remedies and relief provided by this Order. Nothing in these provisions should be 7 construed as prohibiting a Non-Party from seeking additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, to 9 produce a Non-Party’s confidential information in its possession, and the Party is 10 subject to an agreement with the Non-Party not to produce the Non-Party’s 11 confidential information, then the Party shall: 12 (1) promptly notify in writing the Requesting Party and the Non- 13 Party that some or all of the information requested is subject to a confidentiality 14 agreement with a Non-Party; 15 16 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this Action, the relevant discovery request(s), and 17 (3) a reasonably specific description of the information requested; 18 and make the information requested available for inspection by the Non-Party, if 19 requested. 20 (c) If the Non-Party fails to seek a protective order from this court within 21 14 days of receiving the notice and accompanying information, the Receiving Party 22 may produce the Non-Party’s confidential information responsive to the discovery 23 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 24 produce any information in its possession or control that is subject to the 25 confidentiality agreement with the Non-Party before a determination by the court. 26 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 27 of seeking protection in this court of its Protected Material. 28 11 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 7 persons to whom unauthorized disclosures were made of all the terms of this Order, 8 and (d) request such person or persons to execute the “Acknowledgment and 9 Agreement to Be Bound” that is attached hereto as Exhibit A. 10 11. 11 PROTECTED MATERIAL INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 When a Producing Party gives notice to Receiving Parties that certain 13 inadvertently produced material is subject to a claim of privilege or other protection, 14 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 16 may be established in an e-discovery order that provides for production without prior 17 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 18 parties reach an agreement on the effect of disclosure of a communication or 19 information covered by the attorney-client privilege or work product protection, the 20 parties may incorporate their agreement in the stipulated protective order submitted to 21 the court. 22 12. 23 24 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. 25 12.2 Right to Assert Other Objections. By stipulating to the entry of this 26 Protective Order no Party waives any right it otherwise would have to object to 27 disclosing or producing any information or item on any ground not addressed in this 28 12 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 1 Stipulated Protective Order. Similarly, no Party waives any right to object on any 2 ground to use in evidence of any of the material covered by this Protective Order. 3 12.3 Filing Protected Material. A Party that seeks to file under seal any 4 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 5 only be filed under seal pursuant to a court order authorizing the sealing of the 6 specific Protected Material at issue. If a Party's request to file Protected Material 7 under seal is denied by the court, then the Receiving Party may file the information in 8 the public record unless otherwise instructed by the court. 9 12.4 Pursuant to Federal Rule of Evidence 502(d) the production of a 10 privileged or work-product-protected document, whether inadvertent or otherwise, is 11 not a waiver of privilege or protection from discovery in this case or in any other 12 federal or state proceeding. Said protection exists with respect to such document or 13 other documents or communications, written or oral, including, without limitation, 14 other communications referred to in the documents produced. Nothing contained 15 herein is intended to or shall serve to limit a party's right to conduct a review of 16 documents for relevance, responsiveness and/or segregation of privileged and/or 17 protected information before production. Furthermore, a party’s production shall not 18 be deemed a waiver of any party’s right to object for any reason to the admission of 19 any document or thing into evidence, nor shall the production be deemed an admission 20 of its admissibility or relevance. Nothing in this Paragraph shall prejudice the right of 21 any party to seek discovery or communications, documents and things as to which a 22 claim of attorney-client privilege or attorney work-product has been made. 23 12.5 Any Party receiving Confidential Material shall not under any 24 circumstances sell, offer for sale, advertise, or publicize Confidential Material or any 25 information contained therein. 26 13. FINAL DISPOSITION 27 28 13 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 1 After the final disposition of this Action, as defined in paragraph 4, within 30 2 days of a written request by the Designating Party, each Receiving Party must return 3 all Protected Material to the Producing Party or destroy such material. As used in this 4 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 5 summaries, and any other format reproducing or capturing any of the Protected 6 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 7 must submit a written certification to the Producing Party (and, if not the same person 8 or entity, to the Designating Party) by the 30 day deadline that (1) identifies (by 9 category, where appropriate) all the Protected Material that was returned or destroyed 10 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 11 compilations, summaries or any other format reproducing or capturing any of the 12 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 13 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 14 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 15 attorney work product, and consultant and expert work product, even if such materials 16 contain Protected Material. Any such archival copies that contain or constitute 17 Protected Material remain subject to this Protective Order as set forth in Section 4 18 (DURATION). 19 Any violation of this Order may be punished by any and all appropriate 20 measures including, without limitation, contempt proceedings and/or monetary 21 sanctions. 22 23 IT IS SO ORDERED. 24 25 DATED: January 16, 2018. ___/s/ Steve Kim________________ 26 United States District Magistrate Judge Steve Kim 27 28 14 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 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 28 15 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ____________________________________ [print or type full name], of 4 ______________________[print or type full address], declare under penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective Order 6 that was issued by the United States District Court for the Central District of 7 California on ____________ [date] in the case of Steven Brand v. Nissan North 8 America, Inc., Case No. 2:16-CV-07378-VAP-SK. I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment 11 in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this 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 18 _______________________________[print 19 ________________________________________[print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ____________________________ 24 City and State where sworn and signed: ____________________________ of this action. I or hereby type full appoint name] of 25 26 Printed name: ________________________ 27 28 16 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK 1 Signature:_________________________________ 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 28 17 394790 V1 [PROPOSED] ORDER RE STIPULATED AMENDED PROTECTIVE ORDER CASE NO. 2:16-CV-07378- VAP-SK
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