Colin Thatcher v. Serenade at River Park ( 2024 )

1 || KENDRA S. CANAPE (SBN: 259641) Kcanape@ersm.com 2 || JOEL D. BRODFUEHRER (SBN: 343092) Jbrodtuchrer@ersm-com 3 || GORDON REES SCULLY MANSUKHANI, LLP 5 Park Plaza, Suite 1100 4 || Irvine, CA 92614 Telephone: (949) 255-6950 5 || Facsimile: (949) 474-2060 6 || Attorneys for Defendant 7 || 1Q DATA INTERNATIONAL, INC. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 ll COLIN THATCHER, No.: 2:24-cv-05047-HDV-BFM Judge: Brianna Fuller Mircheff 5 Plaintiff, zs vs. DISCOVERY MATTER: 4 STIPULATED PROTECTIVE E28 SERENADE AT RIVER PARK; AND L.Q. ORDER 22. 15 || DATA INTERNATIONAL, INC., (PVC VERSION 4/20) 16 Defendants. Check if submitted without material 17 modifications to PVC form < E 18 19 0 Complaint Filed: June 14, 2024 21 22 11 1. INTRODUCTION 23 1.1 PURPOSES AND LIMITATIONS 24 Discovery in this action is likely to involve production of confidential, 25 || proprietary, or private information for which special protection from public 26 || disclosure and from use for any purpose other than prosecuting this litigation 27 || may be warranted. Accordingly, the parties hereby stipulate to and petition the 28 || Court to enter the following Stipulated Protective Order. The parties 1 acknowledge that this Order does not confer blanket protections on all 2 disclosures or responses to discovery and that the protection it affords from 3 public disclosure and use extends only to the limited information or items that 4 are entitled to confidential treatment under the applicable legal principles.1 5 1.2 GOOD CAUSE STATEMENT 6 This action is likely to involve materials and information that I.Q. Data 7 International, Inc. (“IQ Data”) and Serenade at River Park (“Serenade”) 8 maintain as confidential for which special protection from public disclosure 9 and from use for any purpose other than prosecution of this action is 10 warranted. IQ Data and Serenade may be producing documents to Plaintiff 11 that consist of, among other things, confidential business or financial 12 information, trade secrets, information regarding confidential business 13 practices, or other confidential research, development, or commercial 14 information, information otherwise generally unavailable to the public, or 15 which may be privileged or otherwise protected from disclosure under state 16 or federal statutes, court rules, case decisions, or common law. IQ Data and 17 Serenade have maintained this information as confidential due to the 18 sensitive nature of the information. IQ Data’s and Serenade’s competitors 19 would gain an improper advantage if documents were made public, 20 including but not limited to customer information, account notes, 21 intellectual property, research, technical, commercial, or financial 22 information, business plans, business policies, training materials, and other 23 business-related information that are not generally available to the public. 24 The debt collection industry and consumer reporting agencies are highly 25 competitive and require confidentiality of very sensitive consumer 26 information. 27 1 1 Plaintiff will also be producing materials relating to or regarding 2 Plaintiff’s debt(s), credit history, credit reports, documents containing 3 Plaintiff’s social security number and DOB. Plaintiff has alleged he has 4 suffered harm that could result in production of sensitive medical 5 information, banking records, personal identity information, income tax 6 returns (including attached schedules and forms), W-2 forms and 1099 7 forms, and personnel or employment records. 8 Accordingly, to expedite the flow of information, to facilitate the 9 prompt resolution of disputes over confidentiality of discovery materials, to 10 adequately protect information the parties are entitled to keep confidential, 11 to ensure that the parties are permitted reasonable necessary uses of such 12 material in preparation for and in the conduct of trial, to address their 13 handling at the end of the litigation, and serve the ends of justice, a 14 protective order for such information is justified in this matter. It is the 15 intent of the parties that information will not be designated as confidential 16 for tactical reasons and that nothing be so designated without a good faith 17 belief that it has been maintained in a confidential, non-public manner, and 18 there is good cause why it should not be part of the public record of this 19 case. 20 1.3 Acknowledgment of Procedure for Filing Under Seal. 21 The parties further acknowledge, as set forth in Section 12.3, below, that 22 this Stipulated Protective Order does not entitle them to file confidential 23 information under seal; Civil Local Rule 79-5 sets forth the procedures that must 24 be followed and the standards that will be applied when a party seeks permission 25 from the court to file material under seal. 26 There is a strong presumption that the public has a right of access to 27 judicial proceedings and records in civil cases. In connection with non- dispositive motions, good cause must be shown to support a filing under seal. 1 See Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2 2006), Phillips ex rel. Ests. of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210– 3 11 (9th Cir. 2002), Makar-Welbon v. Sony Elecs., Inc., 187 F.R.D. 576, 577 4 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), 5 and a specific showing of good cause or compelling reasons with proper 6 evidentiary support and legal justification, must be made with respect to 7 Protected Material that a party seeks to file under seal. The Parties’ mere 8 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 9 without the submission of competent evidence by declaration, establishing that 10 the material sought to be filed under seal qualifies as confidential, privileged, or 11 otherwise protectable—constitute good cause. 12 Further, if a party requests sealing related to any dispositive motions, 13 briefs, pleadings, deposition transcripts, other papers to be filed with the Court 14 incorporate documents or information subject to this Order, or trial, then the 15 party filing such papers shall designate such materials, or portions thereof, as 16 “Confidential,” and then compelling reasons, not only good cause, for the sealing 17 must be shown, and the relief sought shall be narrowly tailored to serve the 18 specific interest to be protected. See Pintos v. Pac. Creditors Ass’n, 605 F.3d 19 665, 677–79 (9th Cir. 2010). For each item or type of information, document, or 20 thing sought to be filed or introduced under seal in connection with a dispositive 21 motion or trial, the party seeking protection must articulate compelling reasons, 22 supported by specific facts and legal justification, for the requested sealing order. 23 Again, competent evidence supporting the application to file documents under 24 seal must be provided by declaration. 25 Any document that is not confidential, privileged, or otherwise protectable 26 in its entirety will not be filed under seal if the confidential portions can be 27 redacted. If documents can be redacted, then a redacted version for public 1 portions of the document, shall be filed. Any application that seeks to file 2 documents under seal in their entirety should include an explanation of why 3 redaction is not feasible. 4 2. DEFINITIONS 5 2.1 Action: Colin Thatcher v. I.Q. Data International, Inc.. (Case No: 6 2:24-cv-05047-HDV-BFM). 7 2.2 Challenging Party: a Party or Non-Party that challenges the 8 designation of information or items under this Order. 9 2.3 “CONFIDENTIAL” Information or Items: information (regardless 10 of how it is generated, stored or maintained) or tangible things that qualify 11 for protection under Federal Rule of Civil Procedure 26(c), and as specified 12 above in the Good Cause Statement. 13 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 14 their support staff). 15 2.5 Designating Party: a Party or Non-Party that designates information 16 or items that it produces in disclosures or in responses to discovery as 17 “CONFIDENTIAL.” 18 2.6 Disclosure or Discovery Material: all items or information, 19 regardless of the medium or manner in which it is generated, stored, or 20 maintained (including, among other things, testimony, transcripts, and 21 tangible things), that are produced or generated in disclosures or responses 22 to discovery in this matter. 23 2.7 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 25 counsel to serve as an expert witness or as a consultant in this Action. 26 2.8 Final Disposition: the later of (1) dismissal of all claims and 27 defenses in this Action, with or without prejudice; and (2) final judgment 1 remands, trials, or reviews of this Action, including the time limits for 2 filing any motions or applications for extension of time pursuant to 3 applicable law. 4 2.9 In-House Counsel: attorneys who are employees of a party to this 5 Action. In-House Counsel does not include Outside Counsel of Record or 6 any other outside counsel. 7 2.10 Non-Party: any natural person, partnership, corporation, association, 8 or other legal entity not named as a Party to this action. 9 2.11 Outside Counsel of Record: attorneys who are not employees of a 10 party to this Action but are retained to represent or advise a party to this 11 Action and have appeared in this Action on behalf of that party or are 12 affiliated with a law firm which has appeared on behalf of that party, and 13 includes support staff. 14 2.12 Party: any party to this Action, including all of its officers, directors, 15 employees, consultants, retained experts, and Outside Counsel of Record 16 (and their support staffs). 17 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 18 Discovery Material in this Action. 19 2.14 Professional Vendors: persons or entities that provide litigation 20 support services (e.g., photocopying, videotaping, translating, preparing 21 exhibits or demonstrations, and organizing, storing, or retrieving data in 22 any form or medium) and their employees and subcontractors. 23 2.15 Protected Material: any Disclosure or Discovery Material and all 24 information derived therefrom (including, but not limited to, all testimony 25 given in a deposition, declaration or otherwise, that refers, reflects or 26 otherwise discusses any information designated “Confidential” that is 27 designated as “CONFIDENTIAL.” 1 2.16 Receiving Party: a Party that receives Disclosure or Discovery 2 Material from a Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or 6 extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 compilations of Protected Material; and (3) any testimony, conversations, or 8 presentations by Parties or their Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial will be governed by the orders of the 10 trial judge. This Order does not govern the use of Protected Material at trial. 11 4. TRIAL AND DURATION 12 Even after final disposition of this litigation, the confidentiality obligations 13 imposed by this Order will remain in effect until a Designating Party agrees 14 otherwise in writing or a court order otherwise directs. Final disposition will be 15 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 16 with or without prejudice; and (2) final judgment herein after the completion and 17 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 18 including the time limits for filing any motions or applications for extension of 19 time pursuant to applicable law. 20 5. DESIGNATING PROTECTED MATERIAL 21 5.1 Exercise of Restraint and Care in Designating Material for 22 Protection. Each Party or Non-Party that designates information or items 23 for protection under this Order must take care to limit any such designation 24 to specific material that qualifies under the appropriate standards. The 25 Designating Party must designate for protection only those parts of 26 material, documents, items, or oral or written communications that qualify 27 so that other portions of the material, documents, items, or communications 1 for which protection is not warranted are not swept unjustifiably within the 2 ambit of this Order. 3 Mass, indiscriminate, or routinized designations are prohibited. 4 Designations that are shown to be clearly unjustified or that have been made for 5 an improper purpose (e.g., to unnecessarily encumber the case development 6 process or to impose unnecessary expenses and burdens on other parties) may 7 expose the Designating Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that 9 it designated for protection do not qualify for protection, that Designating Party 10 must promptly notify all other Parties that it is withdrawing the inapplicable 11 designation. 12 5.2 Manner and Timing of Designations. Except as otherwise provided 13 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as 14 otherwise stipulated or ordered, Disclosure or Discovery Material that 15 qualifies for protection under this Order must be clearly so designated 16 before the material is disclosed or produced. 17 Designation in conformity with this Order requires: 18 (a) for information in documentary form (e.g., paper or electronic 19 documents, but excluding transcripts of depositions or other pretrial or trial 20 proceedings), that the Producing Party affix at a minimum, the legend 21 “CONFIDENTIAL” to each page that contains protected material. If only 22 a portion or portions of the material on a page qualifies for protection, the 23 Producing Party also must clearly identify the protected portion(s) (e.g., by 24 making appropriate markings in the margins). 25 A Party or Non-Party that makes original documents available for 26 inspection need not designate them for protection until after the inspecting Party 27 has indicated which documents it would like copied and produced. During the inspection and before the designation, all of the material made available for 1 inspection will be deemed “CONFIDENTIAL.” After the inspecting Party has 2 identified the documents it wants copied and produced, the Producing Party must 3 determine which documents, or portions thereof, qualify for protection under this 4 Order. Then, before producing the specified documents, the Producing Party 5 must affix the “CONFIDENTIAL” legend to each page that contains Protected 6 Material. If only a portion or portions of the material on a page qualifies for 7 protection, the Producing Party also must clearly identify the protected portion(s) 8 (e.g., by making appropriate markings in the margins). 9 (b) for testimony given in depositions that the Designating Party identify 10 the Disclosure or Discovery Material on the record, before the close of the 11 deposition all protected testimony. 12 (c) for information produced in some form other than documentary and for 13 any other tangible items, that the Producing Party affix in a prominent place 14 on the exterior of the container or containers in which the information is 15 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 16 information warrants protection, the Producing Party, to the extent 17 practicable, will identify the protected portion(s). 18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 19 failure to designate qualified information or items does not, standing alone, 20 waive the Designating Party’s right to secure protection under this Order 21 for such material. Upon timely correction of a designation, the Receiving 22 Party must make reasonable efforts to assure that the material is treated in 23 accordance with the provisions of this Order. 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time that is consistent with the Court’s 27 Scheduling Order. 1 6.2 Meet and Confer. The Challenging Party will initiate the dispute 2 resolution process (and, if necessary, file a discovery motion) under Local 3 Rule 37.1 et seq. and with Section 2 of Judge Brianna Fuller Mircheff’s 4 Civil Procedures titled “Brief Pre-Discovery Motion Conference.” 5 6.3 The burden of persuasion in any such challenge proceeding will be 6 on the Designating Party. Frivolous challenges, and those made for an 7 improper purpose (e.g., to harass or impose unnecessary expenses and 8 burdens on other parties) may expose the Challenging Party to sanctions. 9 Unless the Designating Party has waived or withdrawn the confidentiality 10 designation, all parties will continue to afford the material in question the 11 level of protection to which it is entitled under the Producing Party’s 12 designation until the Court rules on the challenge. 13 7. ACCESS TO AND USE OF PROTECTED MATERIAL 14 7.1 Basic Principles. A Receiving Party may use Protected Material that 15 is disclosed or produced by another Party or by a Non-Party in connection 16 with this Action only for prosecuting, defending, or attempting to settle this 17 Action. Protected Material shall not be used, directly or indirectly, by any 18 person, for any business, commercial or competitive purposes or for any 19 purpose whatsoever other than solely for the preparation for and trial of this 20 action in accordance with the provisions of this Order. Such Protected 21 Material may be disclosed only to the categories of persons and under the 22 conditions described in this Order. When the Action has been terminated, a 23 Receiving Party must comply with the provisions of section 13 below 24 (FINAL DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a 26 location and in a secure manner that ensures that access is limited to the 27 persons authorized under this Order. 1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 2 otherwise ordered by the court or permitted in writing by the Designating 3 Party, a Receiving Party may disclose any information or item designated 4 “CONFIDENTIAL” only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 6 well as employees of said Outside Counsel of Record to whom it is 7 reasonably necessary to disclose the information for this Action; 8 (b) the officers, directors, and employees (including House Counsel) of 9 the Receiving Party to whom disclosure is reasonably necessary for this 10 Action; 11 (c) Experts (as defined in this Order) of the Receiving Party to whom 12 disclosure is reasonably necessary for this Action and who have signed 13 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (d) the Court and its personnel; 15 (e) court reporters and their staff to whom disclosure is reasonably 16 necessary for this Action and who have signed the “Acknowledgment 17 and Agreement to Be Bound” (Exhibit A); 18 (f) professional jury or trial consultants, mock jurors, and Professional 19 Vendors to whom disclosure is reasonably necessary for this Action and 20 who have signed the “Acknowledgment and Agreement to Be Bound” 21 (Exhibit A); 22 (g) the author or recipient of a document containing the information or 23 a custodian or other person who otherwise possessed or knew the 24 information; 25 (h) during their depositions, witnesses, and attorneys for witnesses, in 26 the Action to whom disclosure is reasonably necessary provided: (1) the 27 deposing party requests that the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted to keep any 1 confidential information unless they sign the “Acknowledgment and 2 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the 3 Designating Party or ordered by the court. Pages of transcribed 4 deposition testimony or exhibits to depositions that reveal Protected 5 Material may be separately bound by the court reporter and may not be 6 disclosed to anyone except as permitted under this Stipulated Protective 7 Order; and 8 (i) any mediator or settlement officer, and their supporting personnel, 9 mutually agreed upon by any of the parties engaged in settlement 10 discussions. 11 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 12 IN OTHER LITIGATION 13 If a Party is served with a subpoena or a court order issued in other 14 litigation that compels disclosure of any information or items designated in this 15 Action as “CONFIDENTIAL,” that Party must: 16 (a) promptly notify in writing the Designating Party. Such notification 17 will include a copy of the subpoena or court order; 18 (b) promptly notify in writing the party who caused the subpoena or 19 order to issue in the other litigation that some or all of the material 20 covered by the subpoena or order is subject to this Protective Order. 21 Such notification will include a copy of this Stipulated Protective Order; 22 and 23 (c) cooperate with respect to all reasonable procedures sought to be 24 pursued by the Designating Party whose Protected Material may be 25 affected. 26 If the Designating Party timely seeks a protective order, the Party served 27 with the subpoena or court order will not produce any information designated in this action as “CONFIDENTIAL” before a determination by the court from 1 which the subpoena or order issued, unless the Party has obtained the 2 Designating Party’s permission. The Designating Party will bear the burden and 3 expense of seeking protection in that court of its confidential material and 4 nothing in these provisions should be construed as authorizing or encouraging a 5 Receiving Party in this Action to disobey a lawful directive from another court. 6 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 7 PRODUCED IN THIS LITIGATION 8 9.1 Application. The terms of this Order are applicable to 9 information produced by a Non-Party in this Action and designated as 10 “CONFIDENTIAL.” Such information produced by Non-Parties in 11 connection with this litigation is protected by the remedies and relief 12 provided by this Order. Nothing in these provisions should be construed 13 as prohibiting a Non-Party from seeking additional protections. 14 9.2 Notification. In the event that a Party is required, by a valid 15 discovery request, to produce a Non-Party’s confidential information in 16 its possession, and the Party is subject to an agreement with the Non- 17 Party not to produce the Non-Party’s confidential information, then the 18 Party will: 19 (a) promptly notify in writing the Requesting Party and the Non- 20 Party that some or all of the information requested is subject to a 21 confidentiality agreement with a Non-Party; 22 (b) promptly provide the Non-Party with a copy of the Stipulated 23 Protective Order in this Action, the relevant discovery request(s), and 24 a reasonably specific description of the information requested; and 25 (c) make the information requested available for inspection by the 26 Non-Party, if requested. 27 9.3 Conditions of Production. If the Non-Party fails to seek a protective order from this court within 14 days of receiving the notice 1 and accompanying information, the Receiving Party may produce the 2 Non-Party’s confidential information responsive to the discovery 3 request. If the Non-Party timely seeks a protective order, the Receiving 4 Party will not produce any information in its possession or control that 5 is subject to the confidentiality agreement with the Non-Party before a 6 determination by the court. Absent a court order to the contrary, the 7 Non-Party will bear the burden and expense of seeking protection in this 8 court of its Protected Material. 9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 10 If a Receiving Party learns that, by inadvertence or otherwise, it has 11 disclosed Protected Material to any person or in any circumstance not authorized 12 under this Stipulated Protective Order, the Receiving Party must immediately (a) 13 notify in writing the Designating Party of the unauthorized disclosures, (b) use 14 its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 15 inform the person or persons to whom unauthorized disclosures were made of all 16 the terms of this Order, and (d) request such person or persons to execute the 17 “Acknowledgment and Agreement to Be Bound” that is attached hereto as 18 Exhibit A. 19 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 20 PROTECTED MATERIAL 21 When a Producing Party gives notice to Receiving Parties that certain 22 inadvertently produced material is subject to a claim of privilege or other 23 protection, the obligations of the Receiving Parties are those set forth in Federal 24 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 25 whatever procedure may be established in an e-discovery order that provides for 26 production without prior privilege review. Pursuant to Federal Rule of Evidence 27 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or information covered by the attorney-client 1 privilege or work product protection, the parties may incorporate their agreement 2 in the stipulated protective order submitted to the court. 3 12. MISCELLANEOUS 4 12.1 Right to Further Relief. Nothing in this Order abridges the right of 5 any person to seek its modification by the Court in the future. 6 12.2 Right to Assert Other Objections. By stipulating to the entry of this 7 Protective Order no Party waives any right it otherwise would have to 8 object to disclosing or producing any information or item on any ground 9 not addressed in this Stipulated Protective Order. Similarly, no Party 10 waives any right to object on any ground to use in evidence of any of the 11 material covered by this Protective Order. 12 12.3 Filing Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Civil Local Rule 79-5. Protected 14 Material may only be filed under seal pursuant to a court order authorizing 15 the sealing of the specific Protected Material at issue. If a Party's request to 16 file Protected Material under seal is denied by the court, then the Receiving 17 Party may file the information in the public record unless otherwise 18 instructed by the court. 19 12.4 Neither the entry of this Order, nor the designation of any 20 information, document, or the like as “Confidential,” nor the failure to 21 make such designation, shall constitute evidence with respect to any issue 22 in this action. 23 13. FINAL DISPOSITION 24 After the final disposition of this Action, as defined in paragraph 4, within 25 60 days, each Receiving Party must return all Protected Material to the 26 Producing Party. As used in this subdivision, “all Protected Material” includes 27 all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the Protected Material. The Receiving Party must submit a 1 written certification to the Producing Party (and, if not the same person or entity, 2 to the Designating Party) by the 60 day deadline that (1) identifies (by category, 3 where appropriate) all the Protected Material that was returned and (2) affirms 4 that the Receiving Party has not retained any copies, abstracts, compilations, 5 summaries or any other format reproducing or capturing any of the Protected 6 Material. Notwithstanding this provision, Counsel are entitled to retain an 7 archival copy of all pleadings, motion papers, trial, deposition, and hearing 8 transcripts, legal memoranda, correspondence, deposition and trial exhibits, 9 expert reports, attorney work product, and consultant and expert work product, 10 even if such materials contain Protected Material. Any such archival copies that 11 contain or constitute Protected Material remain subject to this Protective Order 12 as set forth in Section 4 (DURATION). 13 14. VIOLATION 14 Any willful violation of this Order may be punished by civil or criminal 15 contempt proceedings, financial or evidentiary sanctions, reference to 16 disciplinary authorities, or other appropriate action at the discretion of the Court. 17 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 18 19 DATED: ___________ /s/ Elizabeth A. Wagner (with permission) 20 Attorneys for Plaintiff COLIN THATCHER 21 DATED: ___________ /s/ Joel D. Brodfuehrer 22 Attorney for Defendant 23 Joel D. Brodfuehrer Attorneys for Defendant 24 IQ DATA INTERNATIONAL, INC. 25 DATED: ___________ /s/ Hari Kumar (with permission) 26 Attorneys for Defendant 27 Hari Kumar SERENADE AT RIVER PARK 1 || The Court grants the parties’ Stipulated Protective Order, filed with the Court on 2 || November 7, 2024. (ECF 34.) FOR GOOD CAUSE SHOWN, IT IS SO 3 || ORDERED. 4 lin 5 || DATED: November 8, 2024 Hon. Brianna Fuller Mircheff 6 United States Magistrate Judge 8 10 11 12 2. peg 27° Z= 2 16 17 E 18 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [full name], of 5 _________________ [full address], declare under penalty of perjury that I have 6 read in its entirety and understand the Stipulated Protective Order that was issued 7 by the United States District Court for the Central District of California on [date] 8 in the case of ___________ [insert case name and number]. I agree to comply 9 with and to be bound by all the terms of this Stipulated Protective Order and I 10 understand and acknowledge that failure to so comply could expose me to 11 sanctions and punishment in the nature of contempt. I solemnly promise that I 12 will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance 14 with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District 16 Court for the Central District of California for the purpose of enforcing the terms 17 of this Stipulated Protective Order, even if such enforcement proceedings occur 18 after termination of this action. I hereby appoint 19 __________________________ [full name] of 20 _______________________________________ [full address and telephone 21 number] as my California agent for service of process in connection with this 22 action or any proceedings related to enforcement of this Stipulated Protective 23 Order. 24 25 Date: ______________________________________ 26 City and State where signed: _________________________________ 27 Printed name: _______________________________