Medimpact Healthcare Systems, Inc. et al v. IQVIA Holdings Inc. et al, No. 3:2019cv01865 - Document 382 (S.D. Cal. 2021)

Court Description: ORDER Granting Joint Motion To Amend Protective Order [Dkt.No. 381 ] And Entering Amended Protective Order. Signed by Magistrate Judge Daniel E. Butcher on 12/23/2021. (All non-registered users served via U.S. Mail Service)(dxf)

Download PDF

Medimpact Healthcare Systems, Inc. et al v. IQVIA Holdings Inc. et al Doc. 382 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 MEDIMPACT HEALTHCARE SYSTEMS, INC., a California corporation; MEDIMPACT INTERNATIONAL LLC, a California limited liability company; and MEDIMPACT INTERNATIONAL HONG KONG LTD., a Hong Kong company, 17 18 19 20 ORDER GRANTING JOINT MOTION TO AMEND PROTECTIVE ORDER [DKT. NO. 381] AND ENTERING AMENDED PROTECTIVE ORDER Plaintiffs, 15 16 Case No. 19-cv-01865-GPC-DEB v. IQVIA INC., a Connecticut corporation ; IQVIA Ltd., a UK company; IQVIA AG, a Swiss company; OMAR GHOSHEH, individually; and AMIT SADANA, individually, and DOES 1-20, Defendants. 21 22 23 24 25 26 27 28 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER Dockets.Justia.com 1 Before the Court is the parties’ Joint Motion to Amend Protective Order. Dkt. 2 No. 381. Good cause appearing, the Court GRANTS the Motion and enters the 3 following Amended Protective Order: 4 The Court recognizes that at least some of the documents and information 5 (“materials”) being sought through discovery in the above-captioned action are, for 6 competitive reasons, normally kept confidential by the Parties. The Parties have 7 agreed to be bound by the terms of this Protective Order (“Order”) in this action. The 8 materials to be exchanged throughout the course of the litigation between the parties 9 may contain trade secret or other confidential research, technical, cost, price, 10 marketing or other commercial information, as is contemplated by Federal Rule of 11 Civil Procedure 26(c)(1)(G). The purpose of this Order is to protect the 12 confidentiality of such materials as much as practical during the litigation. 13 THEREFORE: 14 15 DEFINITIONS 1. The term “confidential information” will mean and include information 16 contained or disclosed in any materials, including documents, portions of documents, 17 answers to interrogatories, responses to requests for admissions, trial testimony, 18 deposition testimony, and transcripts of trial testimony and depositions, including 19 data, summaries, and compilations derived therefrom that is deemed to be 20 confidential information by any Party or subpoenaed non-party to which it belongs. 21 2. The term “materials” will include, but is not be limited to: documents; 22 correspondence; memoranda; bulletins; blueprints; specifications; customer lists or 23 other material that identify customers or potential customers; price lists or schedules 24 or other matter identifying pricing; minutes; telegrams; letters; statements; cancelled 25 checks; contracts; invoices; drafts; books of account; worksheets; notes of 26 conversations; desk diaries; appointment books; expense accounts; recordings; 27 photographs; motion pictures; compilations from which information can be obtained 28 and translated into reasonably usable form through detection devices; sketches; -2Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 drawings; notes (including laboratory notebooks and records); reports; instructions; 2 disclosures; other writings; models and prototypes and other physical objects. 3 3. The term “counsel” will mean (a) outside counsel of record (including 4 other attorneys, paralegals, secretaries, and other support staff employed in the law 5 firms identified herein: Jones Day, Dentons US LLP, Klinedinst PC, Pillsbury 6 Winthrop Shaw Pittman LLP, Quinn Emanuel Urquhart & Sullivan, LLP, and Baker 7 & McKenzie LLP); (b) in-house litigation counsel; (c) other in-house counsel whose 8 responsibilities do not include operational business or competitive decision-making 9 authority, provided disclosure to counsel covered by subparagraphs (b) and (c) hereof 10 is reasonably necessary for the prosecution or defense and conduct of this litigation, 11 and (d) Court-approved in-house counsel for Defendants—currently Laura Kibbe, 12 Lisa Katz, and Maureen Nakly—pursuant to the Court’s February 4, 2021 Order at 13 ECF No. 173 and court-approved in-house counsel for Plaintiffs—Nancy Radtke— 14 pursuant to agreement of all parties. 15 16 GENERAL RULES 4. Each Party or subpoenaed non-party to this litigation that produces or 17 discloses any materials, answers to interrogatories, responses to requests for 18 admission, trial testimony, deposition testimony, and transcripts of trial testimony 19 and depositions, or information that the producing party believes should be subject 20 to this Protective Order (hereinafter, the “Producing Party”) may designate the same 21 as “CONFIDENTIAL,” “ATTORNEYS’ EYES ONLY,” or “OUTSIDE COUNSEL 22 AND COURT APPROVED IN-HOUSE COUNSEL ONLY.” 23 (a) Designation as “CONFIDENTIAL”: Any Producing Party may 24 designate information as “CONFIDENTIAL” only if, in the good faith 25 belief of such Producing Party and its counsel, the unrestricted 26 disclosure of such information could be potentially prejudicial to the 27 business or operations of such designating party. 28 -3Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 (b) Designation as “ATTORNEYS’ EYES ONLY”: Any Producing Party 2 may designate information as “ATTORNEYS’ EYES ONLY” only if, 3 in the good faith belief of such Producing Party and its counsel, the 4 information is among that considered to be highly sensitive by the 5 designating party, including but not limited to research, technical, 6 commercial, financial, or pricing information, or such other proprietary 7 or sensitive business and commercial information that is not publicly 8 available, disclosure of which could reasonably result in commercial, 9 financial, or business harm. 10 (c) Designation as “OUTSIDE COUNSEL AND COURT APPROVED 11 IN-HOUSE COUNSEL ONLY”: Any Producing Party may designate 12 information as “OUTSIDE COUNSEL AND COURT APPROVED IN- 13 HOUSE COUNSEL ONLY” only if, in the good faith belief of such 14 Producing Party and its counsel, the information would disclose trade 15 secrets or Source Code. 16 “Source Code” includes extremely sensitive information or items 17 representing computer code and associated comments and revision 18 histories, formulas, engineering specifications, or schematics that define 19 or otherwise describe in detail the algorithms or structure of software or 20 hardware designs, disclosure of which to another Party or non-party 21 would create a substantial risk of serious harm that could not be avoided 22 by less restrictive means. To the extent production of Source Code 23 becomes necessary in this case, a Producing Party may designate Source 24 Code as “OUTSIDE COUNSEL AND COURT APPROVED IN- 25 HOUSE COUNSEL ONLY” if it comprises or includes confidential, 26 proprietary or trade secret Source Code. 27 28 (d) If a Producing Party chooses to designate material “ATTORNEYS’ EYES ONLY” or “OUTSIDE COUNSEL AND COURT APPROVED -4Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 IN-HOUSE COUNSEL ONLY” it must mark those documents 2 provisionally with that designation to give the receiving party 3 (hereinafter, the “Receiving Party”) a reasonable opportunity to review 4 and evaluate whether the Receiving Party agrees with the designation. 5 The Producing Party will also identify in a cover letter to the production, 6 by bates numbers, all documents that have been so marked. If the 7 Receiving Party has questions about and/or objections to any of the 8 provisional designations it may proceed to address any such questions 9 and/or objections according to the provision of Paragraph 17 hereof. In 10 the absence of notice by the Receiving Party of questions about and/or 11 objections to the designations “ATTORNEYS’ EYES ONLY” or 12 “OUTSIDE COUNSEL AND COURT APPROVED IN-HOUSE 13 COUNSEL ONLY,” the designation will be considered final for 14 purposes of any use of such documents in the matter. 15 5. In the event the Producing Party elects to produce materials for 16 inspection, no marking need be made by the Producing Party in advance of the initial 17 inspection. For purposes of the initial inspection, all materials produced will be 18 considered as “OUTSIDE COUNSEL AND COURT APPROVED IN-HOUSE 19 COUNSEL ONLY,” and must be treated as such pursuant to the terms of this Order. 20 Thereafter, upon selection of specified materials for copying by the inspecting party, 21 the Producing Party must, within a reasonable time prior to producing those materials 22 to the inspecting party, mark the copies of those materials that contain confidential 23 information with the appropriate confidentiality marking. 24 25 26 6. Whenever a deposition taken on behalf of any Party involves a disclosure of confidential information of any Party or subpoenaed non-party: (a) the deposition or portions of the deposition must be designated as 27 containing confidential information subject to the provisions of this 28 Order; such designation must be made on the record whenever possible, -5Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 but a Party or subpoenaed non-party may designate portions of 2 depositions as containing confidential information after transcription of 3 the proceedings; a Party or subpoenaed non-party will have until 4 fourteen (14) days after receipt of the deposition transcript to inform the 5 other Party or Parties to the action of the portions of the transcript to be 6 designated “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” or 7 “OUTSIDE COUNSEL AND COURT APPROVED IN-HOUSE 8 COUNSEL ONLY.” 9 (b) the disclosing Party or subpoenaed non-party will have the right to 10 exclude from attendance at the deposition, during such time as the 11 confidential information is to be disclosed, any person other than the 12 deponent, counsel (including their staff and associates), the court 13 reporter, and the person(s) agreed upon pursuant to Paragraphs 8-9 (for 14 “OUTSIDE COUNSEL AND COURT APPROVED IN-HOUSE 15 COUNSEL ONLY” information), Paragraph 10 (for “ATTORNEYS’ 16 EYES ONLY” information), Paragraph 11 (for “CONFIDENTIAL” 17 information) below; 18 (c) the originals of the deposition transcripts and all copies of the deposition 19 must bear the legend “CONFIDENTIAL” or “ATTORNEYS’ EYES 20 ONLY” or “OUTSIDE COUNSEL AND COURT APPROVED IN- 21 HOUSE COUNSEL ONLY” as appropriate, and the original or any 22 copy ultimately presented to a court for filing must not be filed unless it 23 can be accomplished under seal, identified as being subject to this Order, 24 and protected from being opened except by order of this Court. 25 7. All confidential information designated as “CONFIDENTIAL” or 26 “ATTORNEYS’ EYES ONLY” or “OUTSIDE COUNSEL AND COURT 27 APPROVED IN-HOUSE COUNSEL ONLY” must not be disclosed by the 28 Receiving Party to anyone other than those persons designated within this Order and -6Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 must be handled in the manner set forth below and, in any event, must not be used 2 for any purpose other than in connection with this litigation or as permitted by this 3 Court’s Order dated December 9, 2021 (Dkt. 373), unless and until such designation 4 is removed either by agreement of the Parties, or by order of the Court. 5 8. Information designated “OUTSIDE COUNSEL AND COURT 6 APPROVED IN-HOUSE COUNSEL ONLY” may only be viewed by outside 7 counsel of the Receiving Party as defined in Paragraph 3(a); Court-approved in-house 8 counsel as defined in Paragraph 3(d); witnesses (pursuant to the terms of Paragraph 9 8(a)-(b)); independent experts (pursuant to the terms of Paragraph 8(c)); employees 10 of a party’s insurer (pursuant to the terms of Paragraph 8(d)); and the individuals 11 described in Paragraphs 8(e)-(i), under the conditions set forth in this Paragraph and 12 Subparagraphs. 13 (a) Witnesses: A witness who has been subpoenaed or noticed for 14 deposition, trial testimony, or other court proceeding in the above- 15 captioned case not otherwise authorized to view the information 16 designated “OUTSIDE COUNSEL AND COURT APPROVED IN- 17 HOUSE COUNSEL ONLY” in question, has the right to review such 18 information during that witness’ testimony at a deposition, hearing, or 19 trial in the above-captioned case, or in preparation for the same; 20 provided that: 21 (1) 22 the name of the witness appears on the document either as an author or recipient thereof or in the body of the document; 23 (2) the witness is a current employee of the Producing Party; 24 (3) the witness is a former employee of the Producing Party who was 25 employed at the time the document was created (provided the 26 former employee is not currently employed by a competitor of the 27 Producing Party or is or was a Defendant in this matter); or 28 -7Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 (4) 2 3 counsel for the Producing Party expressly authorizes in writing disclosure of the information to the witness prior to its disclosure. (b) Any witness authorized pursuant to subparagraphs (2, 3, or 4) of 4 paragraph 8(a) to review information designated “OUTSIDE 5 COUNSEL AND COURT APPROVED IN-HOUSE COUNSEL 6 ONLY” may only review such information provided that: 7 (1) 8 the disclosure is made for the purpose of advancing the disclosing Party’s claims or defenses, and for no other purposes; 9 (2) the witness is not permitted to retain the information designated 10 “OUTSIDE COUNSEL AND COURT APPROVED IN-HOUSE 11 COUNSEL ONLY” after the witness is examined regarding the 12 Protected Material, unless the witness was previously authorized 13 to possess the information prior to the examination; 14 (3) the witness signs the Exhibit A; and 15 (4) the witness is explicitly informed by counsel for the Party seeking 16 to use the information designated “OUTSIDE COUNSEL AND 17 COURT APPROVED IN-HOUSE COUNSEL ONLY” that 18 signing Exhibit A means that the witness is forbidden from 19 disclosing the information designated “OUTSIDE COUNSEL 20 AND COURT APPROVED IN-HOUSE COUNSEL ONLY” 21 except as permitted under this Order and that he or she is subject 22 to the Court’s jurisdiction for the purposes of enforcing this 23 Order. 24 (c) Independent Experts: Any independent expert (testifying or 25 otherwise) who is to receive or review confidential information must 26 sign a copy of the form attached hereto as Exhibit A in advance of seeing 27 or receiving such confidential information. The right of any independent 28 expert, including support staff employed by such expert, to receive -8Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 confidential information designated “OUTSIDE COUNSEL AND 2 COURT APPROVED IN-HOUSE COUNSEL ONLY” will be subject 3 to the advance approval of such expert by the Producing Party or by 4 permission of the Court. The Party seeking approval of an independent 5 expert to access such confidential information must provide the 6 Producing Party with the name and curriculum vitae of the independent 7 expert. Any objection by the Producing Party to an independent expert 8 receiving confidential information designated “OUTSIDE COUNSEL 9 AND COURT APPROVED IN-HOUSE COUNSEL ONLY” must be 10 made in writing within fourteen (14) days following receipt of the 11 identification of the expert to whom access is proposed. “OUTSIDE 12 COUNSEL AND COURT APPROVED IN-HOUSE COUNSEL 13 ONLY” information may be disclosed to an independent expert if the 14 fourteen (14) day period has passed and no objection has been made. 15 The approval of independent experts’ access to “OUTSIDE COUNSEL 16 AND 17 information must not be unreasonably withheld; 18 (d) COURT APPROVED IN-HOUSE COUNSEL ONLY” Employees of a Party’s Insurer: Relevant employees of any insurer to 19 a Party may review information designated “OUTSIDE COUNSEL 20 AND COURT APPROVED IN-HOUSE COUNSEL ONLY” to the 21 extent that such disclosure is reasonably necessary for the prosecution 22 or defense of that Party in this action and who have signed Exhibit A; 23 (e) Special masters, mediators, or other third parties who are appointed by 24 the Court or retained by the Parties for settlement purposes or resolution 25 of discovery or other disputes and their necessary personnel and, in the 26 case of persons retained by the Parties, who have signed Exhibit A; 27 (f) Any other person agreed to by the designating party in writing; 28 -9Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 (g) Persons engaged by a Party’s counsel to furnish litigation support 2 services, such as, but not limited to, E-discovery vendors, technological 3 support staff, graphic consultants, jury consultants, jury research 4 participants, and office support staff, in this action, but not including the 5 Party receiving the information, or any director, officer, agent or 6 employee of the Party; 7 (h) 8 9 Pursuant to the restrictions set forth in Paragraphs 8 and 9 of this Order, officers of the Court, members of the jury; and (i) Any other person to whom the Court compels disclosure of the 10 designated “OUTSIDE COUNSEL AND COURT APPROVED IN- 11 HOUSE COUNSEL ONLY” or to whom disclosure is required by law. 12 9. Disclosure of Source Code information is subject to the following terms: 13 (a) To the extent production of Source Code becomes necessary to the 14 prosecution or defense of the case, a Producing Party may designate 15 Source Code as “OUTSIDE COUNSEL AND COURT APPROVED 16 IN-HOUSE COUNSEL ONLY” if it comprises or includes confidential, 17 proprietary, and/or trade secret Source Code. Nothing in this Protective 18 Order shall be construed as a representation or admission that Source 19 Code is properly discoverable, or to obligate any Party to produce any 20 Source Code. Source Code includes human-readable programming 21 language text that defines software. Text files containing Source Code 22 shall hereinafter be referred to as “Source Code files.” Source Code files 23 shall include, but are not limited to, files containing Source Code in “C,” 24 “C++,” BREW, Java ME, J2ME, assembler programming languages, 25 and other human readable text programming languages. Source Code 26 files further include “.include files,” “make” files, “link” files, and other 27 human-readable text files used in the generation and/or building of 28 software directly executed on a microprocessor or micro-controller. - 10 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 Unless otherwise ordered by the Court or permitted in writing by the 2 Producing Party, discovery information designated as “OUTSIDE 3 COUNSEL AND COURT APPROVED IN-HOUSE COUNSEL 4 ONLY” shall be subject to the provisions set forth herein, and may be 5 disclosed, subject to the provisions set forth below, solely to: 6 (1) the Receiving Party’s outside counsel in this Action, as well as 7 such of immediate paralegals and staff and any copying or clerical 8 litigation support services working at the direction of such 9 counsel, paralegals, and staff (1) who are not involved in 10 competitive decision-making, as defined by Brown Bag Software 11 v. Symantec Corp., 960 F.2d 1465, 1470 (9th Cir. 1992), (as 12 opposed to legal advice) on behalf of a Party or a competitor of a 13 Party; and (2) to whom it is reasonably necessary to disclose the 14 information for this litigation; 15 (2) Court-approved in-house counsel as defined in Paragraph 3(d); 16 (3) experts of the Receiving Party, retained for this matter, provided 17 that disclosure is only to the extent necessary to perform such 18 work and provided that: (1) such Expert has agreed to be bound 19 by the provisions of the Protective Order by signing a copy of 20 Exhibit A; (2) such Expert is not involved in competitive 21 decision-making, as defined by Brown Bag Software v. Symantec 22 Corp., 960 F.2d 1465, 1470 (9th Cir. 1992), on behalf of a Party 23 or a competitor of a Party; (3) to the extent required by U.S. 24 government export control and economic sanctions laws, 25 including the U.S. Export Administration Regulations, such 26 Expert accesses the Source Code in the United States only, and 27 does not transport such Source Code to or access it from any 28 - 11 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 foreign jurisdiction; and (4) no unresolved objections to such 2 disclosure exist after proper notice has been given to all Parties; 3 (4) 4 professional vendors to whom disclosure is reasonably necessary for this litigation and who have signed Exhibit A; 5 (5) the Court and its personnel; 6 (6) court reporters and their staff who have signed Exhibit A, with 7 the exception that printouts of Source Code used as exhibits in a 8 deposition shall not be provided to the court reporter or their staff; 9 (7) any mediator who is assigned to hear this matter, and his or her 10 staff, subject to their agreement to maintain confidentiality to the 11 same degree as required by this Protective Order; and 12 (8) 13 14 any other person with the prior written consent of the Producing Party. (b) Any Source Code produced by the Producing Party shall be made 15 available for inspection in electronic format at a designated facility of 16 the Producing Party’s vendor, or any other location mutually agreed by 17 the Parties. Any Source Code files that are produced by the Producing 18 Party will be made available for inspection at the San Diego office of 19 their outside counsel, Pillsbury Winthrop Shaw Pittman LLP, or any 20 other location agreed by the Parties. Source Code will be made available 21 for inspection between the hours of 9 a.m. and 4:30 p.m. on business 22 days (i.e., weekdays that are not Federal holidays), although the Parties 23 will be reasonable in accommodating reasonable requests to conduct 24 inspections at other times. 25 (c) Prior to the first inspection of Source Code, the Receiving Party shall 26 provide thirty (30) days’ notice of the Source Code that it wishes to 27 inspect. Plaintiffs made their first request to inspect Source Code on 28 November 3, 2020. Subsequent requests by the Receiving Party for - 12 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 additional Source Code may be made on twenty (20) days’ notice and 2 the Parties will work together to accommodate the Requesting Party’s 3 request and the Responding Party’s needs in making the requested 4 Source Code available in a timely manner. 5 (d) For Source Code that has already been made available for review, the 6 Receiving Party shall provide two (2) days’ notice prior to any 7 additional requests to review that Source Code, although more notice is 8 preferred, and less notice will be considered by the Producing Party if 9 circumstances allow the Producing Party to make such accommodation. 10 (e) Source Code that is designated “OUTSIDE COUNSEL AND COURT 11 APPROVED IN-HOUSE COUNSEL ONLY” shall be produced for 12 inspection and review subject to the following provisions, unless 13 otherwise agreed by the Producing Party: 14 (1) All Source Code shall be made available by the Producing Party 15 to the Receiving Party’s counsel and/or experts in a secure room 16 on a secured computer in a configuration deemed secure by the 17 Producing Party, as necessary and appropriate to prevent and 18 protect against any unauthorized copying, transmission, removal 19 or other transfer of any Source Code outside or away from the 20 computer on which the Source Code is provided for inspection 21 (the “Source Code Computer” in the “Source Code Review 22 Room”). The Producing Party shall install tools that are sufficient 23 for viewing and searching the Source Code produced, on the 24 platform produced, if such tools exist and are presently used in 25 the ordinary course of the Producing Party’s business. The 26 Receiving Party’s counsel and/or experts or consultants may 27 request that commercially available software tools for viewing 28 and searching Source Code be installed on the secured computer, - 13 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 provided, however, that (a) the Receiving Party possesses an 2 appropriate license to such software tools; (b) the Producing Party 3 approves such software tools, which approval shall not be 4 unreasonably withheld; and (c) such other software tools are 5 reasonably necessary for the Receiving Party to perform its 6 review of the Source Code consistent with all of the protections 7 herein. The Receiving Party must provide the Producing Party 8 with access to such licensed software tool(s) at least seven (7) 9 days in advance of the date upon which the Receiving Party 10 wishes to have the additional software tools available for use on 11 the Source Code Computer. 12 (2) No recordable media or recordable devices, including without 13 limitation 14 telephones, peripheral equipment, cameras, CDs, DVDs, or 15 drives of any kind, shall be permitted into the Source Code 16 Review Room. 17 (3) sound recorders, computers, tablets, cellular The Receiving Party’s counsel and/or experts or consultants shall 18 be entitled to take notes relating to the Source Code but may not 19 copy the Source Code into the notes and may not take such notes 20 electronically on the Source Code Computer itself or any other 21 computer. Each page of any such notes containing Source Code 22 information or (and any additional notes, analyses, or descriptions 23 relating thereto) must be marked as “OUTSIDE COUNSEL AND 24 COURT APPROVED IN-HOUSE COUNSEL ONLY.” 25 (4) The Producing Party may visually monitor the activities of the 26 Receiving Party’s representatives during any Source Code 27 review, but only to ensure that no unauthorized electronic records 28 - 14 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 of the Source Code and no information concerning the Source 2 Code is being created or transmitted in any way. 3 (5) Access to and review of the Source Code shall be strictly for the 4 purposes of investigating the claims and defenses at issue in this 5 action. Unless otherwise agreed by the Parties in writing, no 6 person shall review or analyze any Source Code for purposes 7 unrelated to this action, and no person may use any knowledge 8 gained as a result of reviewing the Source Code in this action in 9 any other pending or future dispute, proceeding or litigation 10 (although Source Code can be used in appeal or writ proceedings 11 arising from this action). 12 (6) No copies of all or any portion of the Source Code may leave the 13 Source Code Review Room except as otherwise provided herein. 14 Further, no other written or electronic record of the Source Code 15 is permitted except as otherwise provided herein. The Source 16 Code Computer shall be equipped to allow printing of the Source 17 Code made available for inspection by the Producing Party. 18 Copies of Source Code shall only be made on watermarked pre- 19 Bates numbered paper, which shall be provided by the Producing 20 Party. Under no circumstances are original printouts of the Source 21 Code to be made except for directly onto the watermarked and 22 numbered sides of the paper provided by the Producing Party. 23 Printouts may be made only when necessary to prepare court 24 filings or pleadings, to prepare a testifying expert’s expert report, 25 or for use in a deposition, and for no other purpose (such as to 26 review at a later time elsewhere). Counsel for the Producing Party 27 will keep the original printouts, and shall provide copies of such 28 original printouts to counsel for the Receiving Party within one - 15 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 (1) business day of (1) any request by the Receiving Party, or 2 (2) otherwise being notified that such original printouts have been 3 made or designated. Counsel may request up to 5 copies of each 4 original printout. All printed Source Code shall be logged by 5 Receiving Party’s counsel and/or other personnel of a Receiving 6 Party. No additional electronic copies of the Source Code shall be 7 provided by the Producing Party. Any printed portion that 8 consists of more than twenty-five (25) pages of a continuous 9 block of Source Code shall be subject to the Receiving Party 10 demonstrating good cause, and the burden shall be on the 11 Receiving Party to demonstrate need for such a printed copy. The 12 Receiving Party may print out no more than 5% or two hundred 13 (200) pages of the total Source Code, whichever is greater, absent 14 good cause. If the Receiving Party deems it necessary to print 15 more than 5% or two hundred (200) pages of the total Source 16 Code, whichever is greater, or more than twenty-five (25) pages 17 of a continuous block of Source Code, the Receiving Party and 18 the Producing Party shall meet and confer pursuant to CivLR 19 26.1.a to determine the appropriate amount of additional pages to 20 be printed. If, after meeting and conferring, the Producing Party 21 and the Receiving Party cannot come to an agreement as to 22 whether the requested additional pages of printed Source Code 23 are narrowly tailored for a permitted purpose, the Receiving Party 24 shall be entitled to seek a Court resolution by contacting the 25 assigned magistrate judge’s chambers within thirty (30) days of 26 the Receiving Party’s request to raise the dispute. The burden 27 shall be on the Receiving Party to demonstrate that the requested 28 additional pages are no more than is reasonably necessary for a - 16 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 permitted purpose and not merely printed for the purposes of 2 review and analysis elsewhere. The Receiving Party shall not 3 print Source Code in order to review blocks of Source Code 4 elsewhere in the first instance, i.e., as an alternative to reviewing 5 that Source Code electronically on the Source Code Computer, as 6 the Parties acknowledge and agree that the purpose of the 7 protections herein would be frustrated by printing portions of 8 code for review and analysis elsewhere, and that printing is 9 permitted only when necessary to prepare court filings or 10 pleadings, to prepare a testifying expert’s expert report, or for use 11 in a deposition. The printed pages shall constitute part of the 12 Source Code produced by the Producing Party. 13 (7) All persons who will review a Producing Party’s Source Code on 14 behalf of a Receiving Party, including a Receiving Party’s 15 counsel, shall be identified in writing to the Producing Party at 16 least five (5) days in advance of the first time that such person 17 reviews such Source Code. Such identification shall be in 18 addition to any other disclosure required under this Protective 19 Order. All persons viewing the Source Code shall sign on each 20 day they view Source Code a log that will include the names of 21 persons who enter the locked room to view the Source Code and 22 when they enter and depart. The Producing Party shall be entitled 23 to a copy of the log upon one (1) business day’s advance notice 24 to the Receiving Party. 25 (8) Unless otherwise agreed in advance by the Parties in writing, 26 following each day on which inspection is done under this 27 Protective Order, the Receiving Party’s counsel and/or experts 28 shall remove all notes, documents, and all other materials from - 17 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 the Source Code Review Room. The Producing Party shall not be 2 responsible for any items left in the room following each 3 inspection session, and the Receiving Party shall have no 4 expectation of confidentiality for any items left in the room 5 following each inspection session without a prior agreement to 6 that effect. Proper identification of all authorized persons shall be 7 provided prior to any access to the Source Code Review Room or 8 the Source Code Computer. Proper identification requires 9 showing, at a minimum, a photo identification card sanctioned by 10 the government of any State of the United States, by the 11 government of the United States, or by the nation state of the 12 authorized person’s current citizenship. Access to the secure 13 room or the Source Code Computer may be denied, at the 14 discretion of the supplier, to any individual who fails to provide 15 proper identification. 16 (9) Other than as provided above, the Receiving Party will not copy, 17 remove, or otherwise transfer any Source Code from the Source 18 Code 19 removing, or transferring the Source Code onto any recordable 20 media or recordable device. The Receiving Party will not transmit 21 any Source Code in any way from the Producing Party’s facilities 22 hosting the Source Code Computer. Computer including, without limitation, copying, 23 (10) The Receiving Party’s counsel may not make paper copies of any 24 portions of the Source Code received from a Producing Party, 25 except for copies attached to court filings, expert reports, or used 26 at depositions, and shall maintain a log of all paper copies of the 27 Source Code. The log shall include the names of the reviewers 28 and/or recipients of paper copies and locations where the paper - 18 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 copies are stored. Upon one (1) business day’s advance notice to 2 the Receiving Party by the Producing Party, the Receiving Party 3 shall provide a copy of this log to the Producing Party. 4 (11) The Receiving Party’s counsel and any person receiving a copy 5 of any Source Code shall maintain and store any paper copies of 6 the Source Code or any notes, analyses, or descriptions of Source 7 Code at their offices in a manner that prevents duplication of or 8 unauthorized access to the Source Code, including, without 9 limitation, storing the Source Code or any notes, analyses, or 10 descriptions of Source Code in a locked room or cabinet at all 11 times when it is not in use. No more than a total of ten (10) 12 individuals identified by the Receiving Party shall have access to 13 the printed portions of the Producing Party’s Source Code (except 14 insofar as such code appears in any court filing or expert report). 15 (12) For depositions, the Receiving Party may bring printed copies of 16 specific portions of the Source Code it wishes to use at the 17 deposition for the witness and counsel for the Parties. Copies of 18 Source Code that are marked as deposition exhibits shall not be 19 provided to the court reporter or attached to deposition 20 transcripts; rather, the deposition record will identify the exhibit 21 by its production numbers. All paper copies of Source Code 22 brought to the deposition shall remain with the Producing Party’s 23 counsel following the deposition for secure destruction in a timely 24 manner. 25 (13) Except as provided in this sub-paragraph, absent express written 26 permission from the Producing Party, the Receiving Party may 27 not create electronic images, or any other images, or make 28 electronic copies, of the Source Code from any paper copy of - 19 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 Source Code for use in any manner (including by way of example 2 only, the Receiving Party may not scan the Source Code to a PDF, 3 photograph the Source Code, or scan the Source Code using 4 optical character recognition (“OCR”)). Subject to the foregoing 5 exceptions, images or copies of Source Code shall not be included 6 in correspondence between the Parties (references to production 7 numbers shall be used instead), and shall be omitted from 8 pleadings and other papers whenever possible. If a Party 9 reasonably believes that it needs to submit a portion of Source 10 Code as part of a filing with the Court, then the Parties shall meet 11 and confer as to how to make such a filing while protecting the 12 confidentiality of the Source Code and such Source Code will not 13 be filed absent agreement from the Producing Party that the 14 confidentiality protections will be adequate. If a Producing Party 15 agrees to produce an electronic copy of all or any portion of its 16 Source Code or to provide written permission to the Receiving 17 Party that an electronic or any other copy needs to be made for a 18 Court filing, access to the Receiving Party’s submission, 19 communication, and/or disclosure of electronic files or other 20 materials containing any portion of Source Code (paper or 21 electronic) shall at all times be limited solely to individuals who 22 are expressly authorized to view Source Code under the 23 provisions of this Protective Order. Where the Producing Party 24 has provided the express written permission required under this 25 provision for a Receiving Party to create electronic copies of 26 Source Code, the Receiving Party shall maintain a log of all such 27 electronic copies of any portion of Source Code in its possession 28 or in the possession of its retained consultants, including the - 20 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 names of the reviewers and/or recipients of any such electronic 2 copies, and the locations and manner in which the electronic 3 copies are stored. Additionally, any such electronic copies must 4 be labeled “OUTSIDE COUNSEL AND COURT APPROVED 5 IN-HOUSE COUNSEL ONLY” as provided for in this Protective 6 Order. 7 10. Information designated “ATTORNEYS’ EYES ONLY” may only be 8 viewed by counsel of the Receiving Party, as defined in Paragraph 3(a)-(c), witnesses 9 (pursuant to the terms of Paragraph 8(a)-(b)); independent experts (pursuant to the 10 terms of Paragraph 8(c)); employees of a party’s insurer (pursuant to the terms of 11 Paragraph 8(d)); and Court personnel and individuals covered by and pursuant to 12 Paragraphs 8(e)-(i), on the same terms and conditions as set forth in Paragraph 8 13 hereof. 14 11. Information designated “CONFIDENTIAL” may only be viewed by 15 counsel of the Receiving Party, as defined in Paragraph 3(a)-(c), on the same terms 16 and conditions as set forth in Paragraph 8 hereof; any witness while testifying under 17 oath in this matter provided the witness is governed by the provisions of Paragraph 18 8(b)(1)-(4) hereof; independent experts (pursuant to the terms of Paragraph 8(c)); 19 employees of a party’s insurer (pursuant to the terms of Paragraph 8(d)); Court 20 personnel and individuals covered by and pursuant to Paragraphs 8(e)-(i); and by the 21 additional individuals listed below, provided each such individual has read this Order 22 in advance of disclosure and has signed Exhibit A: 23 (a) 24 25 Executives who are required to participate in policy decisions with reference to this action; (b) Technical personnel of the Parties with whom Counsel for the Parties 26 find it necessary to consult, in the discretion of such counsel, in 27 preparation for trial of this action; 28 - 21 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 (c) Persons engaged by a Party’s counsel to furnish litigation support 2 services, such as, but not limited to, E-discovery vendors, technological 3 support staff, graphic consultants, jury consultants, jury research 4 participants, and office support staff, in this action, but not including the 5 Party receiving the information, or any director, officer, agent or 6 employee of the Party; and 7 (d) 8 9 Stenographic and clerical employees associated with the individuals identified above. 12. Material designated “CONFIDENTIAL” or “ATTORNEYS’ EYES 10 ONLY” or “OUTSIDE COUNSEL AND COURT APPROVED IN-HOUSE 11 COUNSEL ONLY” may be shown to any person indicated on the face of the 12 document to be its originator, author or a recipient of a copy of the document, or a 13 custodian or other person who otherwise possessed or knew the information. Nothing 14 herein is intended to limit or govern the manner in which the Producing Party handles 15 its own documents produced that are given a confidential designation hereunder, 16 including without limitation to whom the documents may be shown. 17 13. All information which has been designated as “CONFIDENTIAL” or 18 “ATTORNEYS’ EYES ONLY” by a Producing Party, and any and all reproductions 19 of that information, must be retained in the custody of the counsel for the Receiving 20 Party identified in Paragraph 3. All information which has been designated as 21 “OUTSIDE COUNSEL AND COURT APPROVED IN-HOUSE COUNSEL 22 ONLY” by a Producing Party, and any and all reproductions of that information, 23 must be retained in the custody of the counsel for the Receiving Party identified in 24 Paragraph 3(a). However, independent experts authorized to view information 25 designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” or “OUTSIDE 26 COUNSEL AND COURT APPROVED IN-HOUSE COUNSEL ONLY” under the 27 terms of this Order may retain custody of copies such as are necessary for their 28 participation in this litigation. Any transcripts containing confidential information - 22 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 kept in a document management system must be password protected. To the extent 2 possible, the Parties will request the court reporter provide a version of the transcript 3 with all confidential information redacted to be approved by counsel making the 4 designations. 5 6 7 14. Any handwritten or typed notes made by counsel about the confidential information shall be treated as confidential information. 15. At all times, the confidential information disclosed shall remain in 8 possession of counsel permitted access to it in a secured environment within that 9 counsel’s office or home. No copy may be sent or taken off-site without the prior 10 written consent of the designating counsel, except for use in preparing for or during 11 depositions, cross-examinations, hearings, or on affidavits (or any other examination) 12 or at Court or at a mediation in relation to this litigation. 13 16. Before any materials produced in discovery, answers to interrogatories, 14 responses to requests for admissions, deposition transcripts, or other documents 15 which are designated as confidential information are filed with the Court for any 16 purpose, the party seeking to file such material must seek permission of the Court to 17 file the material under seal. If a Party wishes to file or lodge documents designated 18 as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” or “OUTSIDE 19 COUNSEL AND COURT APPROVED IN-HOUSE COUNSEL ONLY” under seal, 20 the other Parties shall not unreasonably withhold agreement to such procedure. If an 21 agreement is reached, the Parties shall submit to the Court a Joint Motion and 22 Proposed Order for such filing or lodging under seal. If no such agreement is reached, 23 then the proponent of lodging or filing under seal shall seek a sealing order from the 24 Court consistent with the Local Rules of the United States District Court for the 25 Southern District of California and the assigned judge’s chambers rules. No party 26 may file any document under seal, except pursuant to a court order that authorizes 27 the filing of the document, or portion of the document, under seal. A sealing order 28 will issue only upon a showing that the information is privileged or protectable under - 23 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 the law. The party seeking to file under seal must limit its sealing request to the 2 specific portion of the document that contains the confidential or privileged material. 3 17. At any stage of these proceedings, any Party may object to a designation 4 of materials that have been designated as confidential information. The Party 5 objecting to confidentiality must notify, in writing, counsel for the Producing Party 6 of the objected-to materials and the ground(s) for the objection. Thereafter, lead 7 counsel (or attorneys with full authority to make decisions and bind the client without 8 later seeking approval from a supervising attorney) must promptly meet and confer, 9 pursuant to Local Rule 26.1.a. If the dispute is not resolved within seven (7) days of 10 receipt of the objections, and after counsel have thoroughly and completely met and 11 conferred, the Parties must place a joint call to the assigned magistrate judge’s 12 chambers to explain the dispute and the Parties’ respective positions. The materials 13 at issue must be treated as confidential, as designated by the designating party, until 14 the Court has ruled on the objection or the matter has been otherwise resolved. 15 18. All confidential information must be held in confidence by those 16 inspecting or receiving it, and must be used only for purposes of this action or as 17 permitted by Court Order dated December 9, 2021 (Dkt. 373). Counsel for each 18 Party, and each person receiving confidential information must take reasonable 19 precautions to prevent the unauthorized or inadvertent disclosure of such 20 information. If confidential information is disclosed to any person other than a person 21 authorized by this Order, the Party responsible for the unauthorized disclosure must 22 immediately bring all pertinent facts relating to the unauthorized disclosure to the 23 attention of the other Parties and, without prejudice to any rights and remedies of the 24 other Parties, make every effort to prevent further disclosure by the Party and by the 25 person(s) receiving the unauthorized disclosure. 26 19. No Party will be responsible to another Party or subpoenaed non-party 27 for disclosure of confidential information under this Order if the information in 28 question is not labeled or otherwise identified as such in accordance with this Order. - 24 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 20. If a Party or subpoenaed non-party, through inadvertence, produces any 2 confidential information without labeling or marking or otherwise designating it as 3 such in accordance with this Order, the designating party or subpoenaed non-party 4 may give written notice to the Receiving Party that the document or thing produced 5 is deemed confidential information, and that the document or thing produced should 6 be treated as such in accordance with that designation under this Order. The 7 Receiving Party must treat the materials as confidential, once the designating party 8 so notifies the Receiving Party. If the Receiving Party has disclosed the materials 9 before receiving the designation, the Receiving Party must notify the designating 10 party in writing of each such disclosure. Counsel for the Parties or subpoenaed non- 11 parties will agree on a mutually acceptable manner of labeling or marking the 12 inadvertently produced materials as “CONFIDENTIAL” or “ATTORNEYS’ EYES 13 ONLY” or “OUTSIDE COUNSEL AND COURT APPROVED IN-HOUSE 14 COUNSEL ONLY” subject to the protective order. 15 21. Nothing within this Order will prejudice the right of any Party or 16 subpoenaed non-party to object to the production of any discovery material on the 17 grounds that the material is protected as privileged or as attorney work product. 18 22. Nothing in this Order will bar counsel from rendering advice to their 19 clients with respect to this litigation and, in the course thereof, relying upon any 20 information designated as confidential information, provided that the contents of the 21 information must not be disclosed. 22 23. This Order will be without prejudice to the right of any Party or 23 subpoenaed non-party to oppose production of any information for lack of relevance 24 or any other ground other than the mere presence of confidential information. The 25 existence of this Order must not be used by either party as a basis for discovery that 26 is otherwise improper under the Federal Rules of Civil Procedure. 27 28 - 25 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 2 3 24. Nothing within this order will be construed to prevent disclosure of confidential information if such disclosure is required by law or by order of the Court. 25. Within ninety (90) days following the final termination of this action, 4 including any and all appeals, counsel for each party must return all confidential 5 information to the Party or subpoenaed non-party that produced the information, 6 including any copies, excerpts, and summaries of that information, or must destroy 7 same at the option of the Receiving Party, and must purge all such information from 8 all machine-readable media on which it resides. Should counsel decide to 9 destroy/delete rather than return any of the applicable confidential information, 10 counsel shall provide the party that produced such information with written 11 certification that the destruction/deletion of all confidential information has been 12 completed. Notwithstanding the foregoing, counsel for each Party may retain all 13 pleadings, briefs, memoranda, motions, and other documents filed with the Court that 14 refer to or incorporate confidential information and will continue to be bound by this 15 Order with respect to all such retained information. Further, attorney work product 16 materials that contain confidential information need not be destroyed, but, if they are 17 not destroyed, the person in possession of the attorney work product will continue to 18 be bound by this Order with respect to all such retained information. 19 26. The restrictions and obligations set forth within this Order will not apply 20 to any information that: (a) the Parties agree should not be designated confidential 21 information; (b) the Parties agree, or the Court rules, is already public knowledge; 22 (c) the Parties agree, or the Court rules, has become public knowledge other than as 23 a result of disclosure by the Receiving Party, its employees, or its agents in violation 24 of this Order; or (d) has come or will come into the Receiving Party’s legitimate 25 knowledge independently of the production by the designating party. Prior 26 knowledge must be established by pre-production documentation. 27 28 - 26 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 27. The restrictions and obligations within this Order will not be deemed to 2 prohibit discussions of any confidential information with anyone if that person 3 already has or obtains legitimate possession of that information. 4 5 6 7 8 28. Transmission by email or some other currently utilized method of transmission is acceptable for all notification purposes within this Order. 29. This Order may be modified by agreement of the Parties, subject to approval by the Court. 30. The Court may modify the protective order in the interest of justice or 9 for public policy reasons. The Parties prefer that the Court provide them with notice 10 of the Court’s intent to modify the Order and the content of those modifications, prior 11 to entry of such an order. 12 31. If another court or government agency subpoenas or orders production 13 of material designated “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” or 14 “OUTSIDE COUNSEL AND COURT APPROVED IN-HOUSE COUNSEL 15 ONLY,” that a Party has obtained under the terms of this Order, such Party shall, 16 immediately or as soon as practicable, but in any event at least seven (7) days before 17 such designated materials are required to be produced, notify the designating party 18 of the pendency of the subpoena, public records request, or order, in writing, and 19 unless compelled to do so by court order shall not produce the designated information 20 until the designating party has either taken appropriate steps to protect the material, 21 or notified the Party that no such steps will be taken. It shall be the responsibility of 22 the designating party to obtain relief from the subpoena, public records request, or 23 order prior to the date of compliance, and, to give the designating party an 24 opportunity to obtain such relief, the Party from whom the information is sought shall 25 not make the disclosure before the actual due date of compliance set forth in the 26 subpoena, public records request, or other order. 27 28 32. Inadvertent Production of Privileged or Otherwise Protected Material: When a Producing Party gives notice to Receiving Parties that certain - 27 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 inadvertently or mistakenly produced information, document, or thing is subject to a 2 claim of privilege or other protection, the obligations of the Receiving Parties are 3 those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). Such inadvertent or 4 mistaken disclosure of such information, document, or thing shall not by itself 5 constitute a waiver by the Producing Party of any claims of privilege or work-product 6 immunity or other applicable protections. However, nothing herein restricts the right 7 of the Receiving Party to challenge the Producing Party’s claim of privilege if 8 appropriate within a reasonable time after receiving notice of the inadvertent or 9 mistaken disclosure. This provision is not intended to modify whatever procedure 10 may be established in an e-discovery order that provides for production without prior 11 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 12 Parties reach an agreement on the effect of disclosure of a communication or 13 information covered by the attorney-client privilege or work product protection, the 14 Parties may incorporate their agreement in the stipulated protective order submitted 15 to the Court. 16 IT IS SO ORDERED. Dated: December 23, 2021 17 18 19 20 21 22 23 24 25 26 27 28 - 28 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER 1 2 EXHIBIT A AGREEMENT TO BE BOUND BY PROTECTIVE ORDER 3 I, ______________________________, being duly sworn, state that: 4 1. My address is _____________________________________________. 5 2. My present employer is ________________________________ and the 6 address of my present employment is ____________________________________. 7 3. My present occupation or job description is _____________________. 8 4. I have carefully read and understood the provisions of the STIPULATED 9 PROTECTIVE ORDER in this case signed by the Court, and I will comply with all 10 provisions of the Protective Order. 11 5. I will hold in confidence and not disclose to anyone not qualified under the 12 Protective Order any Confidential Material (defined as material designated as 13 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” or “OUTSIDE COUNSEL 14 AND COURT APPROVED IN-HOUSE COUNSEL ONLY” or information derived 15 from such materials) or any words, summaries, abstracts, or indices of Confidential 16 Information disclosed to me. 17 18 6. I will limit use of Confidential Material disclosed to me solely for purpose of this action. 19 7. No later than the final conclusion of the case, I will return all Confidential 20 Material and summaries, abstracts, and indices thereof which come into my 21 possession, and documents or things which I have prepared relating thereto, to 22 counsel for the party for whom I was employed or retained. 23 I declare under penalty of perjury that the foregoing is true and correct. 24 25 Dated: __________________________ ______________________________ 26 27 28 - 29 Case No. 19-cv-01865-GPC-DEB AMENDED PROTECTIVE ORDER

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.