Michael Lavigne v. Herbalife, LTD ( 2019 )

1 || Paul A. Levin — State Bar No. 229077 @themrlg.com 2 || MORTGAGE RECOVERY LAW GROUP LLP 700 North Brand Boulevard, Suite 830 3 || Glendale, California 91203 Telephone: (818) 630-7900 / Fax: (818) 630-7920 4 Etan Mark (admitted pro hac vice) 5 etan@markmigda .com Donald J. Hayden (admitted pro hac vice) 6 don@mat mig al.com MARK MIGDAL & HAYDEN 7\|80 SW 8" Street, Suite 1999 Miami, Florida 33130 8 || Telephone: (305) 374-0440 9 || Jason M. Jones (admitted pro hac vice) jason @jonesatlaw.-com 10 || JASON JONES ATTORNEY AT LAW 1147 Hunter Avenue 11 ||Columbus, OH 43201 Telephone: (312) 237-0275 12 Attorneys for Plaintiffs 13 Mark T. Drooks — State Bar No. 123561 14 mdrooks@pbirdmarella.com Paul S. Chan — State Bar No. 183406 15 pchan@birdmarella.com Gopi K. Panchapakesan — State Bar No. 279586 16 □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ BIRD, MARELLA, BOXER, WOLPERT, NESSIM, 17 |} DROOKS, LINCENBERG & RHOW, P.C. 1875 Century Park East, 23rd Floor 18 || Los Angeles, California 90067-2561 Telephone: GC 10) 201-2100 19 || Facsimile: (310) 201-2110 20 || Attorneys for Defendant Herbalife International of America, Inc. 21 22 UNITED STATES DISTRICT COURT 23 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 24 25 MICHAEL LAVIGNE, et al., CASE NO. 2:18-cv-07480-JAK (MRWx) 26 Plaintiffs, STIPULATED PROTECTIVE 27 ORDER VS. 28 Magistrate Judge Michael R. Wilner 1 || HERBALIFE LTD., et al., 2 Defendants. 3 4 1. INTRODUCTION 5 1.1 PURPOSES AND LIMITATIONS 6 Discovery in this action is likely to involve production of confidential, 7 || proprietary, or private information for which special protection from public 8 || disclosure and from use for any purpose other than prosecuting this litigation may 9 || be warranted. Accordingly, Plaintiffs and Defendants Herbalife Nutrition Ltd. (fka 10 || Herbalife Ltd.), Herbalife International, Inc., and Herbalife International of 11 |) America, Inc. (collectively, “Herbalife”) hereby stipulate to and petition the Court to 12 || enter the following Stipulated Protective Order. The parties acknowledge that this 13 |] Order does not confer blanket protections on all disclosures or responses to 14 || discovery and that the protection it affords from public disclosure and use extends 15 || only to the limited information or items that are entitled to confidential treatment 16 || under the applicable legal principles. The parties further acknowledge, as set forth 17 |}in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 18 || file confidential information under seal; Civil Local Rule 79-5 sets forth the 19 || procedures that must be followed and the standards that will be applied when a party 20 || seeks permission from the court to file material under seal. 21 1.22 GOOD CAUSE STATEMENT 22 This putative class action involves claims arising out of Plaintiffs’ attendance 23 || at Herbalife events and alleged misrepresentations about the nature of Herbalife’s 24 || business opportunity made at those events. Plaintiffs have propounded discovery 25 || requests that seek, among other things, video and audio recordings of Herbalife 26 ||events, minutes from meetings of Herbalife’s Board of Directors regarding events, 27 || fees paid to Herbalife distributors to speak at events, documents reflecting event 28 || attendance records, documents reflecting membership in certain business 1 || committees, tax and bank account information, and communications discussing 2 || Herbalife’s events. Notwithstanding Herbalife’s objections to the production of 3 || much of this material, Herbalife asserts that such materials consist of, among other 4 || things, information regarding confidential business strategies and policies; sensitive 5 || financial information; information implicating the privacy rights of third parties; 6 || and/or information which may be privileged or otherwise protected from disclosure 7 || under state or federal statutes, court rules, case decisions, or common law. Nothing 8 || in this Good Cause Statement or Stipulated Protective Order shall be construed as an 9 || agreement by Plaintiffs that any specific documents or categories of documents are 10 || properly considered “Confidential Information” as defined herein. 11 It is the intent of the parties that information will not be designated as 12 || confidential for tactical reasons and that nothing be so designated without a good 13 || faith belief that it has been maintained in a confidential, non-public manner. It also 14 is the intent of the parties that information will not be designated as confidential 15 || unless there is good cause as to why such information should not be part of the 16 || public record of this case. 17 Further, there are potentially certain highly sensitive materials that implicate 18 || the privacy interests of third parties, including compensation and disciplinary 19 || records pertaining to those third parties. Pursuant to the Court’s November 18, 2019 20 || and November 26, 2019 Orders (Dkts. 203, 206), these materials are 21 ‘“presumptively” considered to be “Attorneys’ Eyes Only” under this Protective 22 || Order.! 23 24 || ——_———_ 5 | See Dkt. 203 at ¥ 22 (“The parties are directed to immediately meet to discuss adopting a new protective order with an ‘attorneys’ eyes only’ component. These 26 || records will presumptively fall into that.”); Dkt. 206 at § 2 (“The compensation and discipline information . . . warrants a presumptively increased level of confidentiality to be monitored and enforced through the entry of a revised 28 || protective order.”) 1 2. DEFINITIONS 2 2.1 Action: The above-captioned action styled as Michael Lavigne, 3 || et al. v. Herbalife Ltd., Case No. 2:18-cv-07480-JAK (C.D. Cal.). 4 2.2 Challenging Party: A Party or Non-Party that challenges the 5 || designation of information or items under this Order. 6 2.3. “CONFIDENTIAL” Information or Items: Information 7 || (regardless of how it is generated, stored or maintained) or tangible things that 8 || qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified 9 || above in the Good Cause Statement. 10 2.4 “ATTORNEYS’ EYES ONLY” Information or Items: 11 || Information (regardless of how it is generated, stored or maintained) or tangible 12 || things that qualify for heightened protection under Federal Rule of Civil Procedure 13 || 26(c), and as specified above in the Good Cause Statement. 14 2.5 Counsel: Outside Counsel of Record and House Counsel (as 15 || well as their support staff). 16 2.6 Designating Party: A Party or Non-Party that designates 17 || information or items that it produces in disclosures or in responses to discovery as 18 || “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 19 2.7 Disclosure or Discovery Material: All items or information, 20 || regardless of the medium or manner in which it is generated, stored, or maintained 21 || (including, among other things, testimony, transcripts, and tangible things), that are 22 || produced or generated in disclosures or responses to discovery in this matter. 23 2.8 Expert: A person with specialized knowledge or experience in a 24 || matter pertinent to the litigation who has been retained by a Party or its counsel to 25 || serve as an expert witness or as a consultant in this Action. 26 2.9 House Counsel: Attorneys who are employees of a party to this 27 || Action. House Counsel does not include Outside Counsel of Record or any other 28 || outside counsel. 1 2.10 Non-Party: Any natural person, partnership, corporation, 2 || association, or other legal entity not named as a Party to this action. 3 2.11 Qutside Counsel of Record: Attorneys who are not employees of 4 a party to this Action but are retained to represent or advise a party to this Action 5 ||and have appeared in this Action on behalf of that party or are affiliated with a law 6 || firm which has appeared on behalf of that party, and includes support staff. 7 2.12 Party: Any party to this Action, including all of its officers, 8 || directors, employees, consultants, retained experts, and Outside Counsel of Record 9 || (and their support staffs). 10 2.13 Producing Party: A Party or Non-Party that produces Disclosure 11 |}or Discovery Material in this Action. 12 2.14 Professional Vendors: Persons or entities that provide litigation 13 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 15 || and their employees and subcontractors. 16 2.15 Protected Material: Any Disclosure or Discovery Material that is 17 || designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 18 2.16 Receiving Party: A Party that receives Disclosure or Discovery 19 || Material from a Producing Party. 20 3. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 || Protected Material (as defined above), but also (1) any information copied or 23 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 24 || compilations of Protected Material; and (3) any testimony, conversations, or 25 || presentations by Parties or their Counsel that might reveal Protected Material. 26 Any use of Protected Material at trial will be governed by the orders of the 27 || trial judge. This Order does not govern the use of Protected Material at trial. 28 1 4. DURATION 2 Even after final disposition of this litigation, the confidentiality obligations 3 || imposed by this Order will remain in effect until a Designating Party agrees 4 || otherwise in writing or a court order otherwise directs. Final disposition will be 5 || deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 6 || or without prejudice; and (2) final judgment herein after the completion and 7 || exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 8 || including the time limits for filing any motions or applications for extension of time 9 || pursuant to applicable law. 10 5. DESIGNATING PROTECTED MATERIAL 11 5.1 Exercise of Restraint and Care in Designating Material for 12 || Protection: Each Party or Non-Party that designates information or items for 13 || protection under this Order must take care to limit any such designation to specific 14 || material that qualifies under the appropriate standards. The Designating Party must 15 || designate for protection only those parts of material, documents, items, or oral or 16 || written communications that qualify so that other portions of the material, 17 || documents, items, or communications for which protection 1s not warranted are not 18 || swept unjustifiably within the ambit of this Order. 19 Mass, indiscriminate, or routinized designations are prohibited. Designations 20 || that are shown to be clearly unjustified or that have been made for an improper 21 || purpose (e.g., to unnecessarily encumber the case development process or to impose 22 || unnecessary expenses and burdens on other parties) may expose the Designating 23 || Party to sanctions. 24 If it comes to a Designating Party’s attention that information or items that it 25 || designated for protection do not qualify for protection, that Designating Party must 26 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 27 5.2 Manner and Timing of Designations. Except as otherwise 28 || provided in this Order (see, e.g., second paragraph of Section 5.2(a) below), or as 1 || otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 2 || protection under this Order must be clearly so designated before the material is 3 || disclosed or produced. 4 Designation in conformity with this Order requires: 5 (a) for information in documentary form (e.g., paper or electronic 6 || documents, but excluding transcripts of depositions or other pretrial or trial 7 || proceedings), that the Producing Party affix at a minimum, the legend 8 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”’), to each page that 9 || contains protected material. If only a portion or portions of the material on a page 10 || qualifies for protection, the Producing Party also must clearly identify the protected 11 || portion(s) (e.g., by making appropriate markings in the margins). 12 A Party or Non-Party that makes original documents available for inspection 13 || need not designate them for protection until after the inspecting Party has indicated || which documents it would like copied and produced. During the inspection and 15 || before the designation, all of the material made available for inspection will be 16 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the 17 || documents it wants copied and produced, the Producing Party must determine which 18 || documents, or portions thereof, qualify for protection under this Order. Then, before 19 || producing the specified documents, the Producing Party must affix the 20 || “CONFIDENTIAL legend” (or ‘ATTORNEYS’ EYES ONLY” if applicable) to 21 || each page that contains Protected Material. 22 If only a portion or portions of the material on a page qualifies for protection, 23 || the Producing Party also must clearly identify the protected portion(s) (e.g., by 24 || making appropriate markings in the margins). 25 (b) for testimony given in depositions that the Designating Party identify 26 || the Disclosure or Discovery Material on the record, before the close of the 27 || deposition all protected testimony. 28 (c) for information produced in some form other than documentary and for 1 || any other tangible items, that the Producing Party affix in a prominent place on the 2 || exterior of the container or containers in which the information is stored the legend 3 || “CONFIDENTIAL” (or “ATTORNEYS’ EYES ONLY if applicable). If only a 4 || portion or portions of the information warrants protection, the Producing Party, to 5 || the extent practicable, will identify the protected portion(s). 6 5.3. Inadvertent Failures to Designate. If timely corrected, an 7 || inadvertent failure to designate qualified information or items does not, standing 8 || alone, waive the Designating Party’s right to secure protection under this Order for 9 ||such material. Upon timely correction of a designation, the Receiving Party must 10 || make reasonable efforts to assure that the material is treated in accordance with the 11 || provisions of this Order. 12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 6.1 Timing of Challenges. Any Party or Non-Party may challenge 14 || a designation of confidentiality at any time that is consistent with the Court’s 15 || Scheduling Order. 16 6.2 Meet and Confer. The Challenging Party will initiate the dispute 17 || resolution process (and, if necessary, file a discovery motion) under Local 18 || Rule 37.1, et seq. 19 6.3 The burden of persuasion in any such challenge proceeding will 20 || be on the Designating Party. Frivolous challenges, and those made for an improper 21 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 22 || parties) may expose the Challenging Party to sanctions. Unless the Designating 23 || Party has waived or withdrawn the confidentiality designation, all parties will 24 || continue to afford the material in question the level of protection to which it is 25 || entitled under the Producing Party’s designation until the Court rules on the 26 || challenge. 27 7. ACCESS TO AND USE OF PROTECTED MATERIAL 28 7.1 Basic Principles. A Receiving Party may use Protected Material 1 || that is disclosed or produced by another Party or by a Non-Party in connection with 2 || this Action only for prosecuting, defending, or attempting to settle this Action. Such 3 || Protected Material may be disclosed only to the categories of persons and under the 4 || conditions described in this Order. When the Action has been terminated, 5 ||a Receiving Party must comply with the provisions of section 13 below (FINAL 6 || DISPOSITION). 7 Protected Material must be stored and maintained by a Receiving Party at 8 ||a location and in a secure manner that ensures that access is limited to the persons 9 || authorized under this Order. 10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 11 || otherwise ordered by the court or permitted in writing by the Designating Party, 12 ||a Receiving Party may disclose any information or item designated 13 || “CONFIDENTIAL” only to: 14 (a) the Receiving Party’s Outside Counsel of Record in this 15 || Action, as well as employees of said Outside Counsel of Record to whom it is 16 || reasonably necessary to disclose the information for this Action; 17 (b) the officers, directors, and employees (including House 18 || Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 19 || Action; 20 (c) Experts (as defined in this Order) of the Receiving Party to 21 || whom disclosure is reasonably necessary for this Action and who have signed the 22 || ““Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (d) the Court and its personnel; 24 (e) court reporters and their staff; 25 (f) professional jury or trial consultants, mock jurors, and 26 || Professional Vendors to whom disclosure is reasonably necessary for this Action 27 || and who have signed the “Acknowledgment and Agreement to Be Bound” 28 || (Exhibit A); 1 (g) the author or recipient of a document containing the 2 || information or a custodian or other person who otherwise possessed or knew the 3 || information; 4 (h) during their depositions, witnesses, and attorneys for 5 || witnesses, in the Action to whom disclosure is reasonably necessary provided: 6 || (1) the deposing party requests that the witness sign the form attached as Exhibit A 7 || hereto; and (2) they will not be permitted to keep any confidential information 8 || unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 9 || unless otherwise agreed by the Designating Party or ordered by the court. Pages of 10 || transcribed deposition testimony or exhibits to depositions that reveal Protected 11 || Material may be separately bound by the court reporter and may not be disclosed to 12 || anyone except as permitted under this Stipulated Protective Order; and 13 (i) | any mediator or settlement officer, and their supporting 14 || personnel, mutually agreed upon by any of the parties engaged in settlement 15 || discussions. 16 7.3. Disclosure of “ATTORNEYS’ EYES ONLY” Information or || Items. Unless otherwise ordered by the court or permitted in writing by the 18 || Designating Party, a Receiving Party may disclose any information or item 19 || designated “ATTORNEYS’ EYES ONLY” only to: 20 (a) the Receiving Party’s Outside Counsel of Record in this 21 || Action, as well as employees of said Outside Counsel of Record to whom it is 22 || reasonably necessary to disclose the information for this Action; 23 (b) Experts (as defined in this Order) of the Receiving Party to 24 || whom disclosure is reasonably necessary for this Action and who have signed the 25 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (c) the Court and its personnel; 27 (d) court reporters and their staff; 28 (ec) the author or recipient of a document containing the 1 || information or a custodian or other person who otherwise possessed or knew the 2 || information; 3 (f) any mediator or settlement officer, and their supporting 4 || personnel, mutually agreed upon by any of the parties engaged in settlement 5 || discussions. 6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 7 PRODUCED IN OTHER LITIGATION 8 If a Party is served with a subpoena or a court order issued in other litigation 9 || that compels disclosure of any information or items designated in this Action as 10 || “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” that Party must: 11 (a) promptly notify in writing the Designating Party. Such 12 || notification will include a copy of the subpoena or court order; 13 (b) promptly notify in writing the party who caused the subpoena or 14 || order to issue in the other litigation that some or all of the material covered by the 15 || subpoena or order is subject to this Protective Order. Such notification will include a 16 || copy of this Stipulated Protective Order; and 17 (c) cooperate with respect to all reasonable procedures sought to be 18 || pursued by the Designating Party whose Protected Material may be affected. 19 If the Designating Party timely seeks a protective order, the Party served with 20 || the subpoena or court order will not produce any information designated in this 21 || action as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a 22 || determination by the court from which the subpoena or order issued, unless the 23 || Party has obtained the Designating Party’s permission. The Designating Party will 24 || bear the burden and expense of seeking protection in that court of its confidential 25 || material and nothing in these provisions should be construed as authorizing or 26 || encouraging a Receiving Party in this Action to disobey a lawful directive from 27 || another court. 28 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced 4 || by a Non-Party in this Action and designated as “CONFIDENTIAL” or 5 ||“ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in 6 || connection with this litigation is protected by the remedies and relief provided by 7 || this Order. Nothing in these provisions should be construed as prohibiting a Non- 8 || Party from seeking additional protections. 9 (b) In the event that a Party is required, by a valid discovery request, 10 || to produce a Non-Party’s confidential information in its possession, and the Party is 11 || subject to an agreement with the Non-Party not to produce the Non-Party’s 12 || confidential information, then the Party will: 13 (1) promptly notify in writing the Requesting Party and the 14 || Non-Party that some or all of the information requested is subject to 15 ||a confidentiality agreement with a Non-Party; 16 (2) promptly provide the Non-Party with a copy of the 17 || Stipulated Protective Order in this Action, the relevant discovery request(s), and 18 ||a reasonably specific description of the information requested; and 19 (3) make the information requested available for inspection by 20 || the Non-Party, if requested. 21 (c) Ifthe Non-Party fails to seek a protective order from this court 22 || within 14 days of receiving the notice and accompanying information, the Receiving 23 || Party may produce the Non-Party’s confidential information responsive to the 24 || discovery request. If the Non-Party timely seeks a protective order, the Receiving 25 || Party will not produce any information in its possession or control that 1s subject to 26 || the confidentiality agreement with the Non-Party before a determination by the 27 || court. Absent a court order to the contrary, the Non-Party will bear the burden and 28 || expense of seeking protection in this court of its Protected Material. 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 || Protected Material to any person or in any circumstance not authorized under this 4 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 7 || persons to whom unauthorized disclosures were made of all the terms of this Order, 8 || and (d) request such person or persons to execute the “Acknowledgment and 9 || Agreement to Be Bound” that is attached hereto as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 11 OTHERWISE PROTECTED MATERIAL 12 When a Producing Party gives notice to Receiving Parties that certain 13 || inadvertently produced material is subject to a claim of privilege or other protection, 14 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever 16 || procedure may be established in an e-discovery order that provides for production 17 || without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 18 || (e), insofar as the parties reach an agreement on the effect of disclosure of 19 ||a communication or information covered by the attorney-client privilege or work 20 || product protection, the parties may incorporate their agreement in the stipulated 21 || protective order submitted to the court. 22 12, MISCELLANEOUS 23 12.1 Right to Further Relief. Nothing in this Order abridges the right 24 || of any person to seek its modification by the Court in the future. 25 12.2 Right to Assert Other Objections. By stipulating to the entry of 26 || this Protective Order no Party waives any right it otherwise would have to object to 27 || disclosing or producing any information or item on any ground not addressed in this 28 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 1 || ground to use in evidence of any of the material covered by this Protective Order. 2 12.3 Filing Protected Material. A Party that seeks to file under seal 3 || any Protected Material must comply with Civil Local Rule 79-5. Protected Material 4 || may only be filed under seal pursuant to a court order authorizing the sealing of the 5 || specific Protected Material at issue. If a Party’s request to file Protected Material 6 || under seal is denied by the court, then the Receiving Party may file the information 7 || in the public record unless otherwise instructed by the court. 8 13. FINAL DISPOSITION 9 After the final disposition of this Action, as defined in paragraph 4, within 60 10 || days of a written request by the Designating Party, each Receiving Party must return 11 |} all Protected Material to the Producing Party or destroy such material. As used in 12 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 13 || summaries, and any other format reproducing or capturing any of the Protected 14 || Material. Whether the Protected Material is returned or destroyed, the Receiving 15 || Party must submit a written certification to the Producing Party (and, if not the same 16 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 17 || (by category, where appropriate) all the Protected Material that was returned or 18 || destroyed and (2) affirms that the Receiving Party has not retained any copies, 19 || abstracts, compilations, summaries or any other format reproducing or capturing any 20 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 13 21 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 22 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 23 || reports, attorney work product, and consultant and expert work product, even if such 24 || materials contain Protected Material. Any such archival copies that contain or 25 || constitute Protected Material remain subject to this Protective Order as set forth in 26 || Section 4 (DURATION). 27 Any willful violation of this Order may be punished by civil or criminal 28 || contempt proceedings, financial or evidentiary sanctions, reference to disciplinary 1 || authorities, or other appropriate action at the discretion of the Court. 2 3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 5 Local Rule 5-4.3.4(a)(2)(i) Compliance: Filer attests that all other 6 || signatories listed concur in the filing’s content and have authorized this filing. 7 8 || DATED: December 2, 2019 Mortgage Recovery Law Group LLP 9 By: /s/ Paul A. Levin 10 Paul A. Levin 11 Attorneys for Plaintiffs 12 DATED: December 2, 2019 Etan Mark 13 Donald J. Hayden 14 Mark Migdal & Hayden 15 By: /s/ Etan Mark 16 Etan Mark 7 Attorneys for Plaintiffs 8 DATED: December 2, 2019 Jason Jones, Attorney at Law 19 0 By: /s/ Jason Jones Jason Jones 21 Attorneys for Plaintiffs 22 23 24 25 26 27 28 1|}DATED: December 2, 2019 Mark T. Drooks Paul S. Chan Gopi K. Panchapakesan 3 Bird, Marella, Boxer, Wolpert, Nessim, 4 Drooks, Lincenberg & Rhow, P.C. 5 By: /s/ Mark T. Drooks 6 Mark T. Drooks Attorneys for Defendant Herbalife 7 International of America, Inc. 9 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 10 11 12 DATED: December 2, 2019 13 MW lit 15 HON. MICHAEL R. WILNER 16 United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGEMENT 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 5 || understand the Stipulated Protective Order that was issued by the United States 6 || District Court for the Central District of California on [date] in the case of [insert 7 || case name and number]. | agree to comply with and to be bound by all the terms 8 || of this Stipulated Protective Order and I understand and acknowledge that failure to 9 ||so comply could expose me to sanctions and punishment in the nature of contempt. 10 || I solemnly promise that I will not disclose in any manner any information or item 11 || that is subject to this Stipulated Protective Order to any person or entity except in 12 || strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court 14 || for the Central District of California for the purpose of enforcing the terms of this 15 || Stipulated Protective Order, even if such enforcement proceedings occur after 16 || termination of this action. I hereby appoint [full name] of 17 [full address and 18 || telephone number] as my California agent for service of process in connection with 19 || this action or any proceedings related to enforcement of this Stipulated Protective 20 || Order. 21 || Date: 22 23 || City and State where signed: 24 25 || Printed Name: 26 27 || Signature: 28