Sanchez v. Sephora USA, Inc., No. 4:2011cv03396 - Document 26 (N.D. Cal. 2011)
Court Description: ORDER granting 24 Stipulated Protective Order filed by Sephora USA, Inc. Signed by Magistrate Judge Jacqueline Scott Corley on 12/20/2011. (ahm, COURT STAFF) (Filed on 12/20/2011)
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Sanchez v. Sephora USA, Inc. 1 Doc. 2 Attorneys Listed on the Following Page 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 REBECCA SANCHEZ, individually and on behalf of all others similarly situated Plaintiff, 13 14 15 16 Case No. CV 11 3396 SBA STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION v. SEPHORA USA, INC., Defendant. 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) Dockets.Justia.com 1 2 3 4 5 6 7 ORRICK, HERRINGTON & SUTCLIFFE LLP Andrew R. Livingston (State Bar No. 148646) Brooke D. Arena (State Bar No. 238836) Aubry R. Holland (State Bar No. 259828) The Orrick Building 405 Howard Street San Francisco, CA 94105 Telephone: (415)773-5700 Facsimile: (415) 773-5759 Email: alivingston@orrick.com Email: barena@orrick.com Email: aholland@orrick.com 8 9 ATTORNEYS FOR DEFENDANT SEPHORA USA, INC. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 FIBICH, HAMPTON, LEEBRON, BRIGGS & JOSEPHSON, L.L.P. Michael Josephson (pro hac vice) Texas Bar No. 24014780 mjosephson@fhl-law.com 1150 Bissonnet Houston, TX 77005 (713)751-0025 (Telephone) (713)751-0030 (Facsimile) BRYAN SCHWARTZ LAW BRYAN SCHWARTZ (SBN 209903) Bryan@BryanSchwartzLaw.com HILLARY J. BENHAM-BAKER (SBN 265019) Hillary@BryanSchwartzLaw.com 180 Grand Avenue, Suite 1550 Oakland, CA 94612 (510) 444-9300 (Telephone) (510) 444-9301 (Fax) ATTORNEYS FOR PLAINTIFF REBECCA SANCHEZ 24 25 26 27 28 -1- STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) 1 1. 2 3 4 5 6 7 8 9 10 11 12 13 PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 and General Order 62 set forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal. 14 2. DEFINITIONS 15 16 17 18 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 19 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 20 of Civil Procedure 26(c). 21 22 23 24 25 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 26 medium or manner in which it is generated, stored, or maintained (including, among other things, 27 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 28 responses to discovery in this matter. -2- STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) 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 2.7 Counsel does not include Outside Counsel of Record or any other outside counsel. 6 7 House Counsel: attorneys who are employees of a party to this action. House 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 8 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 2.10 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 13 14 Party: any party to this action, including all of its officers, directors, employees, 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 15 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 2.13 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 21 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; 26 (2) 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 -3- STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) 1 However, the protections conferred by this Stipulation and Order do not cover the following 2 information: (a) any information that is in the public domain at the time of disclosure to a 3 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 4 a result of publication not involving a violation of this Order, including becoming part of the 5 public record through trial or otherwise; and (b) any information known to the Receiving Party 6 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 7 obtained the information lawfully and under no obligation of confidentiality to the Designating 8 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 9 4. DURATION 10 Even after final disposition of this litigation, the confidentiality obligations imposed by 11 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 12 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 13 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 14 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 15 including the time limits for filing any motions or applications for extension of time pursuant to 16 applicable law. 17 18 19 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 20 or Non-Party that designates information or items for protection under this Order must take care 21 to limit any such designation to specific material that qualifies under the appropriate standards. 22 The Designating Party must designate for protection only those parts of material, documents, 23 items, or oral or written communications that qualify – so that other portions of the material, 24 documents, items, or communications for which protection is not warranted are not swept 25 unjustifiably within the ambit of this Order. 26 27 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 28 -4- STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) 1 unnecessarily encumber or retard the case development process or to impose unnecessary 2 expenses and burdens on other parties) expose the Designating Party to sanctions. 3 If it comes to a Designating Party’s attention that information or items that it designated 4 for protection do not qualify for protection, that Designating Party must promptly notify all other 5 Parties that it is withdrawing the mistaken designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 7 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 8 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 9 designated before the material is disclosed or produced. 10 Designation in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper or electronic documents, 12 but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 13 Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only 14 a portion or portions of the material on a page qualifies for protection, the Producing Party also 15 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 16 margins). 17 A Party or Non-Party that makes original documents or materials available for inspection 18 need not designate them for protection until after the inspecting Party has indicated which 19 material it would like copied and produced. During the inspection and before the designation, all 20 of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the 21 inspecting Party has identified the documents it wants copied and produced, the Producing Party 22 must determine which documents, or portions thereof, qualify for protection under this Order. 23 Then, before producing the specified documents, the Producing Party must affix the 24 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or 25 portions of the material on a page qualifies for protection, the Producing Party also must clearly 26 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 27 28 (b) for testimony given in deposition or in other pretrial or trial proceedings, any party, or counsel for such party, may designate deposition testimony or any portion of -5- STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) 1 deposition testimony as “CONFIDENTIAL” by advising the reporter and counsel of such 2 designation during the course of the deposition or within 45 days of receipt of the deposition 3 transcript. Portions of any deposition designated “CONFIDENTIAL” are to be marked as such 4 by the reporter and are also to bear substantially the following designation: “Portions of this 5 deposition were taken subject to the Protective Order of the Court. These portions shall remain 6 confidential and shall be treated according to the requirements of the Court’s Order.” Whenever 7 any writing designated as “CONFIDENTIAL” is identified as an exhibit in connection with 8 testimony given in this litigation, it shall be so marked and it shall be subject to all of the 9 requirements of the Court’s order. Except as expressly provided in this paragraph, this 10 Stipulation and Order shall not supersede, alter, affect or modify in any way whatsoever the 11 provisions of California Code of Civil Procedure Section 2025.010, et seq. 12 (c) for information produced in responses to written discovery, any party to 13 this litigation, or counsel for such party, may designate as “CONFIDENTIAL” its responses to 14 interrogatories or to requests for admission by labeling each response “CONFIDENTIAL.” 15 (d) for information produced in some form other than documentary and for any 16 other tangible items, that the Producing Party affix in a prominent place on the exterior of the 17 container or containers in which the information or item is stored the legend “CONFIDENTIAL.” 18 If only a portion or portions of the information or item warrant protection, the Producing Party, to 19 the extent practicable, shall identify the protected portion(s). 20 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 21 designate qualified information or items does not, standing alone, waive the Designating Party’s 22 right to secure protection under this Order for such material. Upon timely correction of a 23 designation, the Receiving Party must make reasonable efforts to assure that the material is 24 treated in accordance with the provisions of this Order. 25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 26 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 27 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 28 -6- STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) 1 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 2 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 3 challenge a confidentiality designation by electing not to mount a challenge promptly after the 4 original designation is disclosed. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 6 process by providing written notice of each designation it is challenging and describing the basis 7 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 8 notice must recite that the challenge to confidentiality is being made in accordance with this 9 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 10 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 11 forms of communication are not sufficient) within 14 days of the date of service of notice. In 12 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 13 designation was not proper and must give the Designating Party an opportunity to review the 14 designated material, to reconsider the circumstances, and, if no change in designation is offered, 15 to explain the basis for the chosen designation. A Challenging Party may proceed to the next 16 stage of the challenge process only if it has engaged in this meet and confer process first or 17 establishes that the Designating Party is unwilling to participate in the meet and confer process in 18 a timely manner. 19 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 20 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 21 Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5 and General Order 62, if 22 applicable) within 21 days of the initial notice of challenge or within 14 days of the parties 23 agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. 24 Each such motion must be accompanied by a competent declaration affirming that the movant has 25 complied with the meet and confer requirements imposed in the preceding paragraph. Failure by 26 the Designating Party to make such a motion including the required declaration within 21 days (or 27 14 days, if applicable) shall automatically waive the confidentiality designation for each 28 challenged designation. In addition, the Challenging Party may file a motion challenging a -7- STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) 1 confidentiality designation at any time if there is good cause for doing so, including a challenge to 2 the designation of a deposition transcript or any portions thereof. Any motion brought pursuant 3 to this provision must be accompanied by a competent declaration affirming that the movant has 4 complied with the meet and confer requirements imposed by the preceding paragraph. 5 The burden of persuasion in any such challenge proceeding shall be on the Designating 6 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 7 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 8 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 9 file a motion to retain confidentiality as described above, all parties shall continue to afford the 10 material in question the level of protection to which it is entitled under the Producing Party’s 11 designation until the court rules on the challenge. 12 7. ACCESS TO AND USE OF PROTECTED MATERIAL 13 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 14 or produced by another Party or by a Non-Party in connection with this case only for prosecuting, 15 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only 16 to the categories of persons and under the conditions described in this Order. When the litigation 17 has been terminated, a Receiving Party must comply with the provisions of section 13 below 18 (FINAL DISPOSITION). 19 Protected Material must be stored and maintained by a Receiving Party at a location and 20 in a secure manner that ensures that access is limited to the persons authorized under this Order. 21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 22 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 23 disclose any information or item designated “CONFIDENTIAL” only to: 24 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 25 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 26 information for this litigation; 27 28 -8- STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) 1 (b) the officers, directors, and employees (including House Counsel) of the 2 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (c) Experts and consultants of the Receiving Party (including independent 5 experts and consultants and employees or clerical assistants of said experts) who are employed, 6 retained or otherwise consulted by counsel or a party for the purpose of analyzing data, 7 conducting studies or providing opinions to assist in such litigation, to whom disclosure is 8 reasonably necessary for this litigation and who have signed the “Acknowledgment and 9 Agreement to Be Bound” (Exhibit A); 10 (d) the Parties to the litigation; 11 (e) the court and its personnel; 12 (f) court reporters and their staff, professional jury or trial consultants, mock 13 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation 14 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (g) during their depositions, witnesses in the action to whom disclosure is 16 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 17 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 18 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 19 separately bound by the court reporter and may not be disclosed to anyone except as permitted 20 under this Stipulated Protective Order. 21 (h) the author or recipient of a document containing the information or a 22 custodian or other person who otherwise possessed or knew the information. 23 8. 24 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 25 If a Party is served with a subpoena or a court order issued in other litigation that compels 26 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 27 must: 28 -9- STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) 1 2 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order to 4 issue in the other litigation that some or all of the material covered by the subpoena or order is 5 subject to this Protective Order. Such notification shall include a copy of this Stipulated 6 Protective Order; and 7 8 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 9 If the Designating Party timely seeks a protective order, the Party served with the 10 subpoena or court order shall not produce any information designated in this action as 11 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 12 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 13 shall bear the burden and expense of seeking protection in that court of its confidential material – 14 and nothing in these provisions should be construed as authorizing or encouraging a Receiving 15 Party in this action to disobey a lawful directive from another court. 16 9. 17 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 18 (a) The terms of this Order are applicable to information produced by a Non- 19 Party in this action and designated as “CONFIDENTIAL.” Such information produced by Non- 20 Parties in connection with this litigation is protected by the remedies and relief provided by this 21 Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 22 additional protections. 23 (b) In the event that a Party is required, by a valid discovery request, to 24 produce a Non-Party’s confidential information in its possession, and the Party is subject to an 25 agreement with the Non-Party not to produce the Non-Party’s confidential information, then the 26 Party shall: 27 28 - 10 - STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) 1 (1) promptly notify in writing the Requesting Party and the Non-Party 2 that some or all of the information requested is subject to a confidentiality agreement with a Non- 3 Party; 4 (2) promptly provide the Non-Party with a copy of the Stipulated 5 Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific 6 description of the information requested; and 7 8 (3) make the information requested available for inspection by the Non-Party. 9 (c) If the Non-Party fails to object or seek a protective order from this court 10 within 14 days of receiving the notice and accompanying information, the Receiving Party may 11 produce the NonParty’s confidential information responsive to the discovery request. If the Non- 12 Party timely seeks a protective order, the Receiving Party shall not produce any information in its 13 possession or control that is subject to the confidentiality agreement with the Non-Party before a 14 determination by the court.1 Absent a court order to the contrary, the Non-Party shall bear the 15 burden and expense of seeking protection in this court of its Protected Material. 16 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 17 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 18 Material to any person or in any circumstance not authorized under this Stipulated Protective 19 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 20 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 21 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 22 made of all the terms of this Order, and (d) request such person or persons to execute the 23 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 24 25 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 26 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. - 11 - STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) 1 When a Producing Party gives notice to Receiving Parties that certain inadvertently 2 produced material is subject to a claim of privilege or other protection, the obligations of the 3 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 4 provision is not intended to modify whatever procedure may be established in an e-discovery 5 order that provides for production without prior privilege review. Pursuant to Federal Rule of 6 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 7 communication or information covered by the attorney-client privilege or work product 8 protection, the parties may incorporate their agreement in the stipulated protective order 9 submitted to the court. 10 12. MISCELLANOUS 11 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 12 seek its modification by the court in the future. 13 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 14 Order no Party waives any right it otherwise would have to object to disclosing or producing any 15 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, 16 no Party waives any right to object on any ground to use in evidence of any of the material 17 covered by this Protective Order. 18 12.3 Filing Protected Material. Without written permission from the Designating Party 19 or a court order secured after appropriate notice to all interested persons, a Party may not file in 20 the public record in this action any Protected Material. A Party that seeks to file under seal any 21 Protected Material must comply with Civil Local Rule 79-5 and General Order 62. Protected 22 Material may only be filed under seal pursuant to a court order authorizing the sealing of the 23 specific Protected Material at issue. Pursuant to Civil Local Rule 79-5 and General Order 62, a 24 sealing order will issue only upon a request establishing that the Protected Material at issue is 25 privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a 26 Receiving Party’s request to file Protected Material under seal pursuant to Civil Local Rule 7927 5(d) and General Order 62 is denied by the court, then the Receiving Party may file the 28 - 12 - STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) 1 information in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed 2 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 // 20 // 21 // 22 // 23 // 24 // 25 // 26 27 28 - 13 - STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) 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 perjury that I 5 have read in its entirety and understand the Stipulated Protective Order that was issued by the 6 United States District Court for the Northern District of California on [date] in the case of 7 _________________________________ [insert formal name of the case and the number and 8 initials assigned to it by the court]. I agree to comply with and to be bound by all the terms of 9 this Stipulated Protective Order and I understand and acknowledge that failure to so comply could 10 expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will 11 not disclose in any manner any information or item that is subject to this Stipulated Protective 12 Order to any person or 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 14 the Northern District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order only as it pertains to the civil action of Rebecca Sanchez v. Sephora USA, Inc., 16 U.S. District Court, Northern District of California Case No. CV 11 3396 SBA, even if such 17 enforcement proceedings occur after termination of this action. Consent to jurisdiction for the 18 purposes of enforcing the terms of this Stipulated Protective Order shall expire three years after 19 termination of the civil action of Rebecca Sanchez v. Sephora USA, Inc., U.S. District Court, 20 Northern District of California Case No. CV 11 3396 SBA. 21 I hereby appoint ______________________ [print or type full name] of 22 ________________________________ [print or type full address and telephone number] as my 23 California agent for service of process in connection with this action or any proceedings related to 24 enforcement of this Stipulated Protective Order. 25 Date: __________________ 26 Printed name: ___________________________ City and State where sworn and signed: ____________________ 27 28 Signature: _____________________________ - 14 - STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA) 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 DATED: December 19, 2011 /s/ Michael Josephson Michael Josephson, Esq Fibich, Hampton, Leebron, Briggs & Josephson, LLP Attorneys for Plaintiff 4 5 6 7 DATED: December 19, 2011 Aubry R. Holland, Esq. Orrick, Herrington & Sutcliffe, LLP Attorneys for Defendant 8 9 10 11 /s/ Aubry R. Holland I hereby attest that the concurrence in the filing of this document has been obtained from Michael Josephson, Attorney for Plaintiff, Rebecca Sanchez. 12 13 /s/ Aubry R. Holland Aubry R. Holland 14 PURSUANT TO STIPULATION, IT IS SO ORDERED. RT 21 Ju S c ot t C H ER ueline d ge J a c q 22 23 orley R NIA TED GRAN NO 20 Saundra Brown Armstrong United States District Judge FO 19 December 20, 2011 LI 18 DATED: UNIT ED 17 RT U O S 16 S DISTRICT TE C TA A 15 N D IS T IC T R OF C 24 25 26 27 28 - 15 - STIPULATED PROTECTIVE ORDER CONCERNING THE EXCHANGE OF CONFIDENTIAL INFORMATION (CV 11 3396 SBA)
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