Harris v. Northwestern Investment Management Company, LLC et al, No. 4:2010cv01763 - Document 25 (N.D. Cal. 2010)
Court Description: ORDER Granting re 24 Stipulated Protective Order. Signed by Judge Claudia Wilken on 11/30/2010. (ndr, COURT STAFF) (Filed on 11/30/2010)
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Harris v. Northwestern Investment Management Company, LLC et al 1 2 3 4 Doc. 25 MELINDA S. RIECHERT, State Bar No. 65504 MORGAN, LEWIS & BOCKIUS LLP 2 Palo Alto Square 3000 El Camino Real, Suite 700 Palo Alto, CA 94306-2122 Tel: 650.843.4000 Fax: 650.843.4001 Email: mriechert@morganlewis.com 5 6 7 8 ANGEL T. LIN, State Bar No. 255682 MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: 415.442.1000 Fax: 415.442.1001 Email: alin@morganlewis.com 9 10 Attorneys for Defendants, Northwestern Investment Management Company, LLC and Northwestern Mutual Life Insurance Company 11 12 13 14 15 JOHN A. MCGUINN, State Bar No. 036047 CAROLYN A. LEARY, State Bar No. 226845 McGuinn, Hillsman & Palefsky 535 Pacific Avenue San Francisco, CA 94133 Tel. 415-421-9292 Fax. 415-403-0202 Email: jamcguinn@mhpsf.com Email: cleary@mhpsf.com 16 17 Attorneys for Plaintiff, Laurie Gibbs Harris UNITED STATES DISTRICT COURT 18 19 20 NORTHERN DISTRICT OF CALIFORNIA LAURIE GIBBS HARRIS, Case No. 10-01763 CW Plaintiff, 21 vs. 22 23 24 25 NORTHWESTERN INVESTMENT MANAGEMENT COMPANY, LLC, NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, and DOES 1 through 20 , inclusive, Defendants. 26 M ORGAN , L EWIS & B OCKIUS LLP 27 ATTORNEYS AT LAW PALO ALTO 28 STIPULATED PROTECTIVE ORDER DB2/21978141.2 STIPULATED PROTECTIVE ORDER CASE NO. C 10-01763 CW Dockets.Justia.com 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public 4 disclosure 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 following Stipulated 6 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 7 all disclosures or responses to discovery and that the protection it affords from public disclosure 8 and use extends only to the limited information or items that are entitled to confidential treatment 9 under the applicable legal principles. The parties further acknowledge, as set forth in Section 10 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential 11 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and 12 the standards that will be applied when a party seeks permission from the court to file material 13 under seal. 14 2. DEFINITIONS 15 16 17 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 18 generated, stored or maintained) or tangible things that qualify for protection under Federal 19 Rule of Civil Procedure 26(c). 20 21 22 23 24 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.5 Disclosure or Discovery Material: all items or information, regardless of the 25 medium or manner in which it is generated, stored, or maintained (including, among other things, 26 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 27 responses to discovery in this matter. 28 DB2/21978141. 2 STIPULATED PROTECTIVE ORDER CASE NO. C 10-01763 CW 1 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 2 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 3 consultant in this action. 4 5 6 7 8 2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 9 action but are retained to represent or advise a party to this action and have appeared in this action 10 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 11 12 13 14 15 2.10 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 2.12 Professional Vendors: persons or entities that provide litigation support services 16 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 17 organizing, storing, or retrieving data in any form or medium) and their employees and 18 subcontractors. 19 20 21 2.13 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 22 Producing Party. 23 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only Protected Material 25 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 26 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 27 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 28 However, the protections conferred by this Stipulation and Order do not cover the following DB2/21978141.2 1 STIPULATED PROTECTIVE ORDER CASE NO. C 10-01763 CW 1 information: (a) any information that is in the public domain at the time of disclosure to a 2 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 3 a result of publication not involving a violation of this Order, including becoming part of the 4 public record through trial or otherwise; and (b) any information known to the Receiving Party 5 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 6 obtained the information lawfully and under no obligation of confidentiality to the Designating 7 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 8 4. DURATION 9 Even after final disposition of this litigation, the confidentiality obligations imposed by 10 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 11 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 12 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 13 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 14 including the time limits for filing any motions or applications for extension of time pursuant to 15 applicable law. 16 5. DESIGNATING PROTECTED MATERIAL 17 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 18 or Non-Party that designates information or items for protection under this Order must take care 19 to limit any such designation to specific material that qualifies under the appropriate standards. 20 The Designating Party must designate for protection only those parts of material, documents, 21 items, or oral or written communications that qualify – so that other portions of the material, 22 documents, items, or communications for which protection is not warranted are not swept 23 unjustifiably within the ambit of this Order. 24 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 25 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 26 unnecessarily encumber or retard the case development process or to impose unnecessary 27 expenses and burdens on other parties) expose the Designating Party to sanctions. 28 DB2/21978141.2 2 STIPULATED PROTECTIVE ORDER CASE NO. C 10-01763 CW 1 If it comes to a Designating Party’s attention that information or items that it designated 2 for protection do not qualify for protection, that Designating Party must promptly notify all other 3 Parties that it is withdrawing the mistaken designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 5 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 6 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 7 designated before the material is disclosed or produced. 8 Designation in conformity with this Order requires: 9 (a) for information in documentary form (e.g., paper or electronic documents, but 10 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 11 Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only 12 portion or portions of the material on a page qualifies for protection, the Producing Party also 13 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 14 margins). 15 A Party or Non-Party that makes original documents or materials available for inspection 16 need not designate them for protection until after the inspecting Party has indicated which 17 material it would like copied and produced. During the inspection and before the designation, all 18 of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the 19 inspecting Party has identified the documents it wants copied and produced, the Producing Party 20 must determine which documents, or portions thereof, qualify for protection under this Order. 21 Then, before producing the specified documents, the Producing Party must affix the 22 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or 23 portions of the material on a page qualifies for protection, the Producing Party also must clearly 24 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 25 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 26 Designating Party identify on the record, before the close of the deposition, hearing, or other 27 proceeding, all protected testimony. 28 DB2/21978141.2 3 STIPULATED PROTECTIVE ORDER CASE NO. C 10-01763 CW 1 (c) for information produced in some form other than documentary and for any other 2 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 3 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 4 portion or portions of the information or item warrant protection, the Producing Party, to the 5 extent practicable, shall identify the protected portion(s). 6 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 7 designate qualified information or items does not, standing alone, waive the Designating Party’s 8 right to secure protection under this Order for such material. Upon timely correction of a 9 designation, the Receiving Party must make reasonable efforts to assure that the material is 10 treated in accordance with the provisions of this Order. 11 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 12 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 13 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 14 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 15 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 16 challenge a confidentiality designation by electing not to mount a challenge promptly after the 17 original designation is disclosed. 18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 19 process by providing written notice of each designation it is challenging and describing the basis 20 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 21 notice must recite that the challenge to confidentiality is being made in accordance with this 22 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 23 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 24 forms of communication are not sufficient) within 14 days of the date of service of notice. In 25 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 26 designation was not proper and must give the Designating Party an opportunity to review the 27 designated material, to reconsider the circumstances, and, if no change in designation is offered, 28 to explain the basis for the chosen designation. A Challenging Party may proceed to the next DB2/21978141.2 4 STIPULATED PROTECTIVE ORDER CASE NO. C 10-01763 CW 1 stage of the challenge process only if it has engaged in this meet and confer process first or 2 establishes that the Designating Party is unwilling to participate in the meet and confer process in 3 a timely manner. 4 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 5 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 6 Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days 7 of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer 8 process will not resolve their dispute, whichever is earlier. Each such motion must be 9 accompanied by a competent declaration affirming that the movant has complied with the meet 10 and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to 11 make such a motion including the required declaration within 21 days (or 14 days, if applicable) 12 shall automatically waive the confidentiality designation for each challenged designation. In 13 addition, the Challenging Party may file a motion challenging a confidentiality designation at any 14 time if there is good cause for doing so, including a challenge to the designation of a deposition 15 transcript or any portions thereof. Any motion brought pursuant to this provision must be 16 accompanied by a competent declaration affirming that the movant has complied with the meet 17 and confer requirements imposed by the preceding paragraph. 18 The burden of persuasion in any such challenge proceeding shall be on the Designating 19 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 20 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 21 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 22 file a motion to retain confidentiality as described above, all parties shall continue to afford the 23 material in question the level of protection to which it is entitled under the Producing Party’s 24 designation until the court rules on the challenge. 25 7. ACCESS TO AND USE OF PROTECTED MATERIAL 26 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 27 or produced by another Party or by a Non-Party in connection with this case only for prosecuting, 28 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only DB2/21978141.2 5 STIPULATED PROTECTIVE ORDER CASE NO. C 10-01763 CW 1 to the categories of persons and under the conditions described in this Order. When the litigation 2 has been terminated, a Receiving Party must comply with the provisions of section 13 below 3 (FINAL DISPOSITION). 4 Protected Material must be stored and maintained by a Receiving Party at a location and 5 in a secure manner that ensures that access is limited to the persons authorized under this Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 7 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 8 disclose any information or item designated “CONFIDENTIAL” only to: 9 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 10 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 11 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that 12 is attached hereto as Exhibit A; 13 (b) the officers, directors, and employees (including House Counsel) of the Receiving 14 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 17 reasonably necessary for this litigation and who have signed the “Acknowledgment and 18 Agreement to Be Bound” (Exhibit A); 19 (d) the court and its personnel; 20 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 21 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 22 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (f) witnesses or potential witnesses in the action to whom disclosure is reasonably 24 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 25 unless otherwise agreed by the Designating Party or ordered by the court. If Protected Material is 26 revealed to a witness or potential witness in the course of a deposition, pages of transcribed 27 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 28 DB2/21978141.2 6 STIPULATED PROTECTIVE ORDER CASE NO. C 10-01763 CW 1 bound by the court reporter and may not be disclosed to anyone except as permitted under this 2 Stipulated Protective Order. 3 (g) the author or recipient of a document containing the information or a custodian or 4 other person who otherwise possessed or knew the information. 5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 6 LITIGATION 7 If a Party is served with a subpoena or a court order issued in other litigation that compels 8 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 9 must: 10 11 12 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order to issue in the 13 other litigation that some or all of the material covered by the subpoena or order is subject to this 14 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 15 16 17 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with the 18 subpoena or court order shall not produce any information designated in this action as 19 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 20 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 21 shall bear the burden and expense of seeking protection in that court of its confidential material – 22 and nothing in these provisions should be construed as authorizing or encouraging a Receiving 23 Party in this action to disobey a lawful directive from another court. 24 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 25 26 THIS LITIGATION (a) The terms of this Order are applicable to information produced by a Non-Party in this 27 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 28 connection with this litigation is protected by the remedies and relief provided by this Order. DB2/21978141.2 7 STIPULATED PROTECTIVE ORDER CASE NO. C 10-01763 CW 1 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 2 additional protections. 3 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 4 Party’s confidential information in its possession, and the Party is subject to an agreement with 5 the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 6 7 1. promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; 8 9 10 2. promptly provide the Non-Party with a copy of the Stipulated Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the information requested; and 11 3. make the information requested available for inspection by the Non-Party. 12 (c) If the Non-Party fails to object or seek a protective order from this court within 14 13 days of receiving the notice and accompanying information, the Receiving Party may produce the 14 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 15 seeks a protective order, the Receiving Party shall not produce any information in its possession 16 or control that is subject to the confidentiality agreement with the Non-Party before a 17 determination by the court.1 Absent a court order to the contrary, the Non-Party shall bear the 18 burden and expense of seeking protection in this court of its Protected Material. 19 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 21 Material to any person or in any circumstance not authorized under this Stipulated Protective 22 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 23 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 24 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 25 made of all the terms of this Order, and (d) request such person or persons to execute the 26 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 27 1 28 The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a NonParty and to afford the Non-Party an opportunity to protect its confidentiality interests in this court. STIPULATED PROTECTIVE ORDER 8 CASE NO. C 10-01763 CW DB2/21978141.2 1 2 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain inadvertently 4 produced material is subject to a claim of privilege or other protection, the obligations of the 5 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 6 provision is not intended to modify whatever procedure may be established in an e-discovery 7 order that provides for production without prior privilege review. Pursuant to Federal Rule of 8 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 9 communication or information covered by the attorney-client privilege or work product 10 protection, the parties may incorporate their agreement in the stipulated protective order 11 submitted to the court. 12 12. MISCELLANEOUS 13 14 15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 16 Order no Party waives any right it otherwise would have to object to disclosing or producing any 17 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 18 Party waives any right to object on any ground to use in evidence of any of the material covered 19 by this Protective Order. 20 12.3 Filing Protected Material. Without written permission from the Designating Party 21 or a court order secured after appropriate notice to all interested persons, a Party may not file in 22 the public record in this action any Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be 24 filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material 25 at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request 26 establishing that the Protected Material at issue is privileged, protectable as a trade secret, or 27 otherwise entitled to protection under the law. If a Receiving Party's request to file Protected 28 Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the DB2/21978141.2 9 STIPULATED PROTECTIVE ORDER CASE NO. C 10-01763 CW 1 Receiving Party may file the information in the public record pursuant to Civil Local Rule 79-5(e) 2 unless otherwise instructed by the court. 3 13. FINAL DISPOSITION. 4 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 5 Receiving Party must return all Protected Material to the Producing Party or destroy such 6 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 7 compilations, summaries, and any other format reproducing or capturing any of the Protected 8 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 9 submit a written certification to the Producing Party (and, if not the same person or entity, to the 10 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all 11 the Protected Material that was returned or destroyed and (2)affirms that the Receiving Party has 12 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 13 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 15 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 16 product, and consultant and expert work product, even if such materials contain Protected 17 Material. Any such archival copies that contain or constitute Protected Material remain subject to 18 this Protective Order as set forth in Section 4 (DURATION). 19 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 20 DATE: __11/29/10__________ ____/s/ Carolyn Leary __________________ John A. McGuinn Carolyn A. Leary McGuinn, Hillsman & Palefsky Attorneys for Plaintiff, Laurie Gibbs Harris DATE: ___/s/ Angel T. Lin______________ Melinda S. Riechert Angel T. Lin Morgan, Lewis & Bockius 21 22 23 11/29/10__________ 24 25 26 Attorneys for Defendants, Northwestern Investment Management Company, LLC and Northwestern Mutual Life Insurance Company 27 28 DB2/21978141.2 10 STIPULATED PROTECTIVE ORDER CASE NO. C 10-01763 CW ATTESTATION 1 2 3 Pursuant to General Order 45(X), I attest that concurrence in the filing of this document has been obtained from the other signatory. 4 5 Dated: November 29, 2010 6 By: ____/s/ Angel T. Lin__________________ Angel T. Lin 7 8 9 10 PURSUANT TO STIPULATION, IT IS SO ORDERED. 11/30/2010 DATE: ________________________ 11 _____________________________________ The Honorable Claudia Wilken United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DB2/21978141.2 11 STIPULATED PROTECTIVE ORDER CASE NO. C 10-01763 CW 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [full name], of _____________________________ 4 [full address], declare under penalty of perjury that I have read in its entirety and understand the 5 Confidentiality Agreement and Stipulation and Protective Order that was issued by the United 6 States District Court for the Northern District of California on ____________ [date] in the case of 7 Laurie Gibbs Harris v. Northwestern Investment Management Company, LLC, Case No.C 10- 8 01763-CW. I agree to comply with and to be bound by all the terms of this Stipulated Protective 9 Order and I understand and acknowledge that failure to so comply could expose me to sanctions 10 and punishment in the nature of contempt. I solemnly promise that I will not disclose in any 11 manner any information or item that is subject to Stipulated Protective Order to any person or 12 entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Northern District of California for the purpose of enforcing the terms of this Confidentiality 15 Agreement and Stipulation and Protective Order, even if such enforcement proceedings occur 16 after termination of this action. 17 18 19 Date: _________________________________ City and State where sworn and signed: _________________________________ 20 21 22 23 24 Printed name: ______________________________ [printed name] Signature: __________________________________ [signature] 25 26 27 28 DB2/21978141.2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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