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Shahriar Almasi, An Individual, Gadri Corporation, A California Corporation, Hui v. Equilon Enterprises

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


April 5, 2011

SHAHRIAR ALMASI, AN INDIVIDUAL, GADRI CORPORATION, A CALIFORNIA CORPORATION, HUI
ENTERPRISE, INC., A CALIFORNIA CORPORATION,
RAM JETHANI, AN INDIVIDUAL, PSS ENTERPRISES, INC., A CALIFORNIA CORPORATION, THEREON JERRY ROSS, AN INDIVIDUAL, JAGMOHAN S. SAHNI, GURPREET S. SETHI AND DEEPA K.
SETHI, INDIVIDUALS, T.P. & E., INC., A CALIFORNIA CORPORATION PLAINTIFFS,
v.
EQUILON ENTERPRISES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. James Ware

WILSON TURNER KOSMO LLPROBIN A. WOFFORD (137919) JOCELYN D. HANNAH (224666) 550 West C Street, Suite 1050 San Diego, California 92101 Telephone: (619) 236-9600 Facsimile: (619) 236-9669 rwofford@wilsonturnerkosmo.com jhannah@wilsonturnerkosmo.com Attorneys for Defendant EQUILON ENTERPRISES LLC THOMAS P. BLEAU (152945) MEGAN A. CHILDRESS (266926) BLEAU FOX, A P.L.C. 3575 Cahuenga Boulevard West, Suite 580 Los Angeles, California 90068 Telephone: (323) 874-8613 Facsimile: (323) 874-1234 11 e-mail: bleaushark@aol.com e-mail: mchildress@bleaufox.com Attorneys for Plaintiffs SHAHRIAR ALMASI, et al.

Complaint Filed: June 18, 2010

Trial Date: Not Set

Dept.:

STIPULATION FOR PROTECTIVE ORDER AND ORDER

Mag. Judge: Hon. Paul Singh Grewal

1. 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 14.4, below, that this Stipulated Protective Order does not entitle them to file confidential information under seal;

Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be 18 applied when a party seeks permission from the court to file material under seal.

2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff).

Upon agreement of counsel for Defendant Equilon Enterprises, LLC, ("Equilon" or "Defendant") and Plaintiffs SHAHRIAR ALMASI, an individual, GADRI CORPORATION, a INC., a California Corporation, JERRY ROSS, an individual, JAGMOHAN S. SAHNI, GURPREET ("Plaintiffs"), and deeming it just and proper to do so, IT IS HEREBY ORDERED that:

2. DEFINITIONS

2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is produces in disclosures or in responses to discovery as "CONFIDENTIAL" or "HIGHLY

2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, 6 transcripts, and tangible things), that are produced or generated in disclosures or responses to 7 discovery in this matter.

the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a 10 consultant in this action, (2) is not a past or current employee of a Party or of a Party's competitor, 11 and (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party's 12 competitor.

extremely sensitive "Confidential Information or Items," disclosure of which, to another Party or Non-Party would create a substantial risk of serious harm that could not be avoided by less restrictive means.

Counsel does not include Outside Counsel of Record or any other outside counsel.

entity not named as a Party to this action.

but are retained to represent or advise a party to this action and have appeared in this action on 23 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.

consultants, retained experts, and Outside Counsel of Record (and their support staffs).

Material in this action.

2.4 Designating Party: a Party or Non-Party that designates information or items that it

CONFIDENTIAL - ATTORNEYS' EYES ONLY." 4

2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to

2.7 "HIGHLY CONFIDENTIAL - ATTORNEYS'EYES ONLY" Information or Items:

2.8 House Counsel: attorneys who are employees of a party to this action. House

2.9 Non-Party: any natural person, partnership, corporation, association, or other legal

2.10 Outside Counsel of Record: attorneys who are not employees of a party to this action

2.11 Party: any party to this action, including all of its officers, directors, employees,

2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery

2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 3 storing, or retrieving data in any form or medium) and their employees and subcontractors.

2.14 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL," or as "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY."

2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

defined above), but also (1) any information copied or extracted from Protected Material; (2) all 11 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

However, the protections conferred by this Stipulation and Order do not cover the following 14 information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 16 publication not involving a violation of this Order, including becoming part of the public record 17 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 18 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 19 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of

4. DURATION

Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 24 otherwise directs. Final disposition shall be deemed to be the later of (l) dismissal of all claims and 25 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 26 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 27 time limits for filing any motions or applications for extension of time pursuant to applicable law.

3. SCOPE

The protections conferred by this Stipulation and Order cover not only Protected Material (as Protected Material at trial shall be governed by a separate agreement or order.

must take care to limit any such designation to specific material that qualifies under the appropriate 5 standards. To the extent it is practical to do so, the Designating Party must designate for protection 6 only those parts of material, documents, items, or oral or written communications that qualify - so 7 that other portions of the material, documents, items, or communications for which protection is not 8 warranted are not swept unjustifiably within the ambit of this Order.

to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 11 encumber or retard the case development process or to impose unnecessary expenses and burdens on other parties) expose the Designating Party to sanctions.

protection do not qualify for protection at all or do not qualify for the level of protection initially asserted, that Designating Party must promptly notify all other parties that it is withdrawing the 16 mistaken designation.

(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,

5. DESIGNATING PROTECTED MATERIAL

5.1 Exercise of Restraint and Care in Designating Material for Protection.

Each Party or Non-Party that designates information or items for protection under this Order Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown If it comes to a Designating Party's attention that information or items that it designated for

5.2 Manner and Timing of Designations. Except as otherwise provided in this Order Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 20 designated before the material is disclosed or produced.

(a) for information in documentary form (e.g., paper or electronic documents, but

23 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 24 affix the legend ONLY" to each page that contains protected material. If only a portion or portions of the material on 26 a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each portion, the level 28 of protection being asserted.

Designation in conformity with this Order requires:

need not designate them for protection until after the inspecting Party has indicated which material it 3 would like copied and produced. During the inspection and before the designation, all of the 4 material made available for inspection shall be deemed "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY." After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the.

CONFIDENTIAL - ATTORNEYS' EYES ONLY" to each page that contains Protected Material. 10

If only a portion or portions of the material on a page qualifies for protection, the Producing Party 11 also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 12 margins) and must specify, for each portion, the level of protection being asserted.

A Party or Non-Party that makes original documents or materials available for inspection Producing Party must affix the appropriate legend ("CONFIDENTIAL" or "HIGHLY (b) for testimony given in deposition or in other pretrial or trial proceedings, that the

Designating Party identify on the record, before the close of the deposition, hearing, or other 15 proceeding, all protected testimony and specify the level of protection being asserted. When it is 16 impractical to identify separately each portion of testimony that is entitled to protection and it 17 appears that substantial portions of the testimony may qualify for protection, the Designating Party 18 may invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right 19 to have up to 21 days to identify the specific portions of the testimony as to which protection is 20 sought and to specify the level of protection being asserted. Only those portions of the testimony 21 that are appropriately designated for protection within the 21 days shall be covered by the provisions 22 of this Stipulated Protective Order. Alternatively, a Designating Party may specify, at the deposition 23 or up to 21 days afterwards if that period is properly invoked, that the entire transcript shall be 24 treated as other proceeding to include Protected Material so that the other parties can ensure that only 27 authorized individuals who have signed the "Acknowledgment and Agreement to Be Bound"

Parties shall give the other parties notice if they reasonably expect a deposition, hearing or (Exhibit A) are present at those proceedings. The use of a document as an exhibit at a deposition shall not in any way affect its designation as the transcript contains Protected Material, and the title page shall be followed by a list of all pages (including line numbers as appropriate) that have been designated as Protected Material and the level 6 of protection being asserted by the Designating Party. The Designating Party shall inform the court 7 reporter of these requirements. Any transcript that is prepared before the expiration of a 21-day 8 period for designation shall be treated during that period as if it had been designated Transcripts containing Protected Material shall have an obvious legend on the title page that in its entirety unless otherwise agreed. After 10 the expiration of that period, the transcript shall be treated only as actually designated.

tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 13 containers in which the information or item is stored the legend If only a portion or portions of the 15 information or item warrant protection, the Producing Party, to the extent practicable, shall identify 16 the protected portion(s) and specify the level of protection being asserted.

8 designate qualified information or items does not, standing alone, waive the Designating Party's right 19 to secure protection under this Order for such material. Upon timely correction of a designation, the

Receiving Party must make reasonable efforts to assure that the material is treated in accordance 21 with the provisions of this Order.

6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time. Unless a prompt challenge to a Designating Party's confidentiality 25 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, 26 or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 27 confidentiality designation by electing not to mount a challenge promptly after the original 28 designation is disclosed.

(c) for information produced in some form other than documentary and for any other

5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to by providing written notice of each designation it is challenging and describing the basis for each 3 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 4 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 5 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 6 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 7 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging

6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process Party must explain the basis for its belief that the confidentiality designation was not proper and 9 must give the Designating Party an opportunity to review the designated material, to reconsider the 10 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 11 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 12 has engaged in this meet and confer process first or establishes that the Designating Party is 13 unwilling to participate in the meet and confer process in a timely manner.

6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of the 17 initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process 18 will not resolve their dispute, whichever is earlier.*fn1 Each such motion must be accompanied by a 19 competent declaration affirming that the movant has complied with the meet and confer 20 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a 21 motion including the required declaration within 21 days (or 14 days, if applicable) shall 22 automatically waive the confidentiality designation for each challenged designation. In addition, the Challenging Party may file a motion challenging a confidentiality designation at any time if there is 24 good cause for doing so, including a challenge to the designation of a deposition transcript or any 25 portions thereof. Any motion brought pursuant to this provision must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer 2 requirements imposed by the preceding paragraph.

The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges and those made for an improper purpose (e.g., to harass or impose 5 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.

Unless the Designating Party has waived the confidentiality designation by failing to file a motion to 7 retain confidentiality as described above, all parties shall continue to afford the material in question 8 the level of protection to which it is entitled under the Producing Party's designation until the court 9 rules on the challenge.

7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this case only for prosecuting, 13 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 14 the categories of persons and under the conditions described in this Order. When the litigation has 15 been terminated, a Receiving Party must comply with the provisions of section 15 below (FINAL Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner*fn2 that ensures that access is limited to the persons authorized under this Order.

by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 21 information or item designated "CONFIDENTIAL" only to

said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for 24 this litigation and who have signed the "Acknowledgment and Agreement to Be Bound" that is 25 attached hereto as Exhibit A:

7. ACCESS TO AND USE OF PROTECTED MATERIAL

7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise ordered (a) the Receiving Party's Outside Counsel of Record in this action, as well as employees "Acknowledgment and Agreement to Be Bound" (Exhibit A);

reasonably necessary for this litigation and who have signed the "Acknowledgment and Agreement 6 to Be Bound" (Exhibit A);

"Acknowledgment and Agreement to Be Bound" (Exhibit A);

necessary and who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A), 13 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 14 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 15 bound by the court reporter and may not be disclosed to anyone except as permitted under this (g) the author or recipient of a document containing the information or a custodian or 18 other person who otherwise possessed or knew the information.

Information or Items. Unless otherwise ordered by the court or permitted in writing by the of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for 25 this litigation and who have signed the "Acknowledgment and Agreement to Be Bound" that is 26 attached hereto as Exhibit A;

(b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the

(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is

(d) the court and its personnel;

(e) court reporters and their staff, professional jury or trial consultants, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the

(f) during their depositions, witnesses in the action to whom disclosure is reasonably Stipulated Protective Order.

7.3 Disclosure of "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY"

Designating Party, a Receiving Party may disclose any information or item designated "HIGHLY (a) the Receiving Party's Outside Counsel of Record in this action, as well as employees this litigation, (2) who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A), 3 and (3) as to whom the procedures set forth in paragraph 7.4(a)(2), below, have been followed];

"Acknowledgment and Agreement to Be Bound" (Exhibit A); and

other person who otherwise possessed or knew the information.

- ATTORNEYS' EYES ONLY" Information or Items to Experts.

Party, a Party that seeks to disclose to an Expert (as defined in this Order) any information or item 14 that has been designated "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" pursuant to 15 paragraph 7.3(c) first must make a written request to the Designating Party that (1) identifies the 16 general categories of "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" information 17 that the Receiving Party seeks permission to disclose to the Expert, (2) sets forth the full name of the Expert and the city and state of his or her primary residence, (3) attaches a copy of the Expert's 19 current resume, (4) identifies the Expert's current employer(s), (5) identifies each person or entity 20 from whom the Expert has received compensation or funding for work in his or her areas of 21 expertise or to whom the expert has provided professional services, including in connection with a 22 litigation, at any time during the preceding five years*fn3 , and (6) identifies (by name and number of the 23 case, filing date, and location of court) any litigation in connection with which the Expert has offered

(a) Unless otherwise ordered by the court or agreed to in writing by the Designating

(b) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for

(c) the court and its personnel;

(d) court reporters and their staff, professional jury or trial consultants,5 and Professional

Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the

(e) the author or recipient of a document containing the information or a custodian or

7.4 Procedures for Approving or Objecting to Disclosure of expert testimony, including through a declaration, report, or testimony at a deposition or trial, during 2 the preceding five years.*fn4

respective paragraph may disclose the subject Protected Material to the identified Expert unless, 5 within 14 days of delivering the request, the Party receives a written objection from the Designating

(c) A Party that receives a timely written objection must meet and confer with the Designating Party (through direct voice to voice dialogue) to try to resolve the matter by agreement 9 within seven days of the written objection. If no agreement is reached, the Party seeking to make the 10 disclosure to the Expert may file a motion as provided in Civil Local Rule 7 (and in compliance with 11

Civil Local Rule 79-5, if applicable) seeking permission from the court to do so. Any such motion 12 must describe the circumstances with specificity, set forth in detail the reasons why the disclosure to 13 the Expert is reasonably necessary, assess the risk of harm that the disclosure would entail, and 14 suggest any additional means that could be used to reduce that risk. In addition, any such motion 15 must be accompanied by a competent declaration describing the parties' efforts to resolve the matter 16 by agreement (i.e., the extent and the content of the meet and confer discussions) and setting forth 17 the reasons advanced by the Designating Party for its refusal to approve the disclosure.

proving that the risk of harm that the disclosure would entail (under the safeguards proposed) 20 outweighs the Receiving Party's need to disclose the Protected Material to its Expert. 21

disclosure of any information or items designated in this action as

(b) A Party that makes a request and provides the information specified in the preceding Party. Any such objection must set forth in detail the grounds on which it is based.

In any such proceeding, the Party opposing disclosure to the Expert shall bear the burden of

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

If a Party is served with a subpoena or a court order issued in other litigation that compels copy of the subpoena or court order;

4 other litigation that some or all of the material covered by the subpoena or order is subject to this

(c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected.*fn5

If the Designating Party timely seeks a protective order, the Party served with the subpoena or court order shall not produce any information designated in this action as before a determination by the court 11 from which the subpoena or order issued, unless the Party has obtained the Designating Party's 12 permission. The Designating Party shall bear the burden and expense of seeking protection in that 13 court of its confidential material - and nothing in these provisions should be construed as 14 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from 15 another court. 16

THIS LITIGATION 18

19 action and designated as Such information produced by Non-Parties in connection with this litigation is 21 protected by the remedies and relief provided by this Order. Nothing in these provisions should be 22 construed as prohibiting a Non-Party from seeking additional protections.

Party's confidential information in its possession, and the Party is subject to an agreement with the

(a) promptly notify in writing the Designating Party. Such notification shall include a

(b) promptly notify in writing the party who caused the subpoena or order to issue in the Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and

9. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN

(a) The terms of this Order are applicable to information produced by a Non-Party in this

(b) In the event that a Party is required, by a valid discovery request, to produce a Non-

Non-Party not to produce the Non-Party's confidential information, then the Party shall: 26

the information requested is subject to a confidentiality agreement with a Non-Party;

litigation, the relevant discovery request(s), and a reasonably specific description of the information 5 requested; and 6

days of receiving the notice and accompanying information, the Receiving Party may produce the

1. promptly notify in writing the Requesting Party and the Non-Party that some or all of

2. promptly provide the Non-Party with a copy of the Stipulated Protective Order in this

3. make the information requested available for inspection by the Non-Party.

(c) if the Non-Party fails to object or seek a protective order from this court within 14

Non-Party's confidential information responsive to the discovery request. If the Non-Party timely 10 seeks a protective order, the Receiving Party shall not produce any information in its possession or 11 control that is subject to the confidentiality agreement with the Non-Party before a determination by 12 the court.*fn6 Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 13 seeking protection in this court of its Protected Material. 14

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 17 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 18 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 19 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 20

Be Bound" that is attached hereto as Exhibit A. 22

PROTECTED MATERIAL 24

25 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties 26

Order, and (d) request such person or persons to execute the "Acknowledgment and Agreement to

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

23

When a Producing Party gives notice to Receiving Parties that certain inadvertently produced are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 2 modify whatever procedure may be established in an e-discovery order that provides for production 3 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 4 parties reach an agreement on the effect of disclosure of a communication or information covered by 5 the attorney-client privilege or work product protection, the parties may incorporate their agreement 6 in the stipulated protective order submitted to the court. 7

9 its modification by the court in the future. 10

11 no Party waives any right it otherwise would have to object to disclosing or producing any 12 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 13

Party waives any right to object on any ground to use in evidence of any of the material covered by 14 this Protective Order. 15

16 a court order secured after appropriate notice to all interested persons, a Party may not file in the 17 public record in this action any Protected Material. A Party that seeks to file under seal any 18

Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 19 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 20 issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing 21 that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to 22 protection under the law. If a Receiving Party's request to file Protected Material under seal 23 pursuant to Civil Local Rule 79-5(d) is denied by the court, then the Receiving Party may file the 24

Protected Material in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise 25 instructed by the court. 26

Within 60 days after the final disposition of this action, as defined in paragraph 4, each

Receiving Party must return all Protected Material to the Producing Party or destroy such material.

-15- Case No. 10-cv-03458-JW

STIPULATION FOR PROTECTIVE ORDER AND ORDER THEREON

12. MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek

12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order

12.3 Filing Protected Material. Without written permission from the Designating Party or

As used in this subdivision, "all Protected Material" includes all copies, abstracts, compilations, 2 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 3 the Protected Material is returned or destroyed, the Receiving Party must submit a written 4 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 5 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 6 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 7 abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected 8

Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 9 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 10 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 11 and expert work product, even if such materials contain Protected Material. Any such archival copies 12 that contain or constitute Protected Material remain subject to this Protective Order as set forth in 13

Section 4 (DURATION). 14

PURSUANT TO STIPULATION, IT IS SO ORDERED.

By: HONORABLE PAUL SINGH GREWAL United States Magistrate Judge

full address], declare under penalty of perjury that I have read in its entirety and understand the District of California on [date] in the case of Almasi, et al. v. Equilon Enterprises LLC, Case Stipulated Protective Order and I understand and acknowledge that failure to so comply could 9 expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not 10 disclose in any manner any information or item that is subject to this Stipulated Protective Order to 11 any person or entity except in strict compliance with the provisions of this Order.

Order, even if such enforcement proceedings occur after termination of this action.

16 or type full address and telephone number] as my California agent for service of process in 17 connection with this action or any proceedings related to enforcement of this Stipulated Protective 18

Date 20

Printed name:

[printed name]

EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, __________________ [print or type full name], of ___________________ [print or type

Stipulated Protective Order that was issued by the United States District Court for the Northern 6

No. 10-cv-03458-JW (PSG). I agree to comply with and to be bound by all the terms of this 8

I further agree to submit to the jurisdiction of the United States District Court for the

Northern District of California for the purpose of enforcing the terms of this Stipulated Protective 14

I hereby appoint _________________ [print or type full name] of ________________ [print

Order. 19

21

22 23

Signature: 24

[signature]


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