Garry Michael Fite v. Sonendo, Inc.

United States District Court for the Central District of California

Garry Michael Fite v. Sonendo, Inc.

Trial Court Opinion

1 | FERMIN H. LLAGUNO, Bar No. 185222 Haguno @ httler-com 2 || LITTLER MENDELSON, P.C. 18565 Jamboree Road 3 | Suite 800 Irvine, CA 92612 4 || Telephone: 949.705.3000 5 Facsimile: 949.724.1201 Attorneys for Defendant 6 SONENDO, INC. 7 || [email protected] LAW OFFICES OF G. SAMUEL CLEAVER 8 || 5670 Wilshire Blvd., 18th Floor Los Angeles, CA 90036 9 || Telephone: 213.568.4088 Facsimile: 213.568.4105 10 11 |) KEVIN J. DOLLEY, Missouri Bar No. 54132, pro hac vice Kevin @ dolleylaw com 12 || JAMES C. ANEY, Missouri Bar No. 67173, pro hac vice james Keaney © dalleylaw.com 13 OLLEY LAW, LL 12977 N. Outer Forty, Suite 230 14 || St. Louis, MO 6314 Telephone: 314.645.4100 15 || Facsimile: 314.736.6216 16 Attorneys for Plaintiffs GARY MICHAEL FITE AND JEFFREY AIDEN GREY

18 UNITED STATES DISTRICT COURT 19 CENTRAL DISTRICT OF CALIFORNIA 20 | GARRY MICHAEL FITE, JEFFREY Case No. 8:20-CV-00833-DOC AIDEN GREY, individually and on (ADSx) 21 || behalf of those similarly situated, 22 Plaintiffs, STIPULATED PROTECTIVE 23 v. ORDER 24 SONENDO, INC., 25 Defendant. 26 27 28 4842-0995-2713.5

1 1. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 || proprietary or private information for which special protection from public disclosure 4 || and from use for any purpose other than pursuing this litigation may be warranted. 5 || Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 || following Stipulated Protective Order. The parties acknowledge that this Order does 7 || not confer blanket protections on all disclosures or responses to discovery and that the 8 || protection it affords from public disclosure and use extends only to the limited 9 || information or items that are entitled to confidential treatment under the applicable 10 || legal principles. 11 2. GOOD CAUSE STATEMENT 12 This action is likely to involve confidential and valuable product 13 || information, trade secrets, customer and pricing lists and other valuable research, 14 || development, commercial, financial, technical materials and specifications, and/or 15 || proprietary information for which special protection from public disclosure and from 16 || use for any purpose other than prosecution of this action is warranted. Such 17 || confidential and proprietary materials and information consist of, among other things, 18 || confidential product, business or financial information, information regarding 19 || confidential business practices and product specifications, or other confidential 20 || research, development, technical, or commercial information (including information 21 || implicating privacy rights of third parties), information otherwise generally 22 || unavailable to the public, or which may be privileged or otherwise protected from 23 || disclosure under state or federal statutes, court rules, case decisions, or common law. 24 || Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 25 || disputes over confidentiality of discovery materials, to adequately protect information 26 || the parties are entitled to keep confidential, to ensure that the parties are permitted 27 || reasonable necessary uses of such material in preparation for and in the conduct of 28 || trial, to address their handling at the end of the litigation, and serve the ends of justice, 4842-0995-2713.5 2.

1 || a protective order for such information 1s justified in this matter. It is the intent of the 2 || parties that information will not be designated as confidential for tactical reasons and 3 || that nothing be so designated without a good faith belief that it has been maintained in 4 || aconfidential, non-public manner, and there is good cause why it should not be part of 5 || the public record of this case. 6 3. ACKNOWLEDGMENT OF UNDER SEAL FILING 7 PROCEDURE 8 The parties further acknowledge, as set forth in Section 14.3, below, that 9 || this Stipulated Protective Order does not entitle them to file confidential information 10 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 11 || the standards that will be applied when a party seeks permission from the court to file 12 || material under seal. There is a strong presumption that the public has a right of access 13 || to judicial proceedings and records in civil cases. In connection with non-dispositive 14 || motions, good cause must be shown to support a filing under seal. See Kamakana v. 15 || City and County of Honolulu,

447 F.3d 1172, 1176

(9th Cir. 2006), Phillips v. Gen. 16 || Motors Corp.,

307 F.3d 1206

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 17 || Electrics, Inc.,

187 F.R.D. 576, 577

(E.D. Wis. 1999) (even stipulated protective 18 || orders require good cause showing), and a specific showing of good cause or 19 || compelling reasons with proper evidentiary support and legal justification, must be 20 || made with respect to Protected Material that a party seeks to file under seal. The 21 || parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 22 || does not— without the submission of competent evidence by declaration, establishing 23 || that the material sought to be filed under seal qualifies as confidential, privileged, or 24 || otherwise protectable—constitute good cause. 25 Further, if a party requests sealing related to a dispositive motion or trial, 26 || then compelling reasons, not only good cause, for the sealing must be shown, and the 27 || relief sought shall be narrowly tailored to serve the specific interest to be protected. 28 || See Pintos v. Pacific Creditors Ass’n.,

605 F.3d 665, 677-79

(9" Cir. 2010). For each

1 || 1tem or type of information, document, or thing sought to be filed or introduced under 2 || seal, the party seeking protection must articulate compelling reasons, supported by 3 || specific facts and legal justification, for the requested sealing order. Again, competent 4 || evidence supporting the application to file documents under seal must be provided by 5 || declaration. 6 Any document that is not confidential, privileged, or otherwise 7 || protectable in its entirety will not be filed under seal if the confidential portions can be 8 || redacted. If documents can be redacted, then a redacted version for public viewing, 9 || omitting only the confidential, privileged, or otherwise protectable portions of the 10 |} document, shall be filed. Any application that seeks to file documents under seal in 11 || their entirety should include an explanation of why redaction is not feasible. 12 4. DEFINITIONS 13 4.1 Action: this pending federal lawsuit. 14 4.2 Challenging Party: a Party or Non-Party that challenges the 15 || designation of information or items under this Order. 16 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 17 || how it is generated, stored or maintained) or tangible things that qualify for protection 18 || under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 19 |) Cause Statement. 20 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as 21 | their support staff). 22 4.5 Designating Party: a Party or Non-Party that designates information 23 || or items that it produces in disclosures or in responses to discovery as 24 || “CONFIDENTIAL.” 25 4.6 Disclosure or Discovery Material: all items or information, regardless 26 || of the medium or manner in which it is generated, stored, or maintained (including, 27 || among other things, testimony, transcripts, and tangible 28 4.7 Expert: a person with specialized knowledge or experience in a

1 || matter pertinent to the litigation who has been retained by a Party or its counsel to 2 || serve as an expert witness or as a consultant in this Action. 3 4.8 House Counsel: attorneys who are employees of a party to this 4 || Action. House Counsel does not include Outside Counsel of Record or any other 5 || outside counsel. 6 4.9 Non-Party: any natural person, partnership, corporation, association 7 || or other legal entity not named as a Party to this action. 8 4.10 Outside Counsel of Record: attorneys who are not employees of a 9 || party to this Action but are retained to represent a party to this Action and have 10 || appeared in this Action on behalf of that party or are affiliated with a law firm that has 11 || appeared on behalf of that party, and includes support staff. 12 4.11 Party: any party to this Action, including all of its officers, directors, 13 || employees, consultants, retained experts, and Outside Counsel of Record (and their 14 || support staffs). 15 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 16 || Discovery Material in this Action. 17 4.13 Professional Vendors: persons or entities that provide litigation 18 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or 19 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 20 || and their employees and subcontractors. 21 4.14 Protected Material: any Disclosure or Discovery Material that is 22 || designated as “CONFIDENTIAL.” 23 4.15 Receiving Party: a Party that receives Disclosure or Discovery 24 || Material from a Producing Party. 25 5. SCOPE 26 The protections conferred by this Stipulation and Order cover not only 27 || Protected Material (as defined above), but also (1) any information copied or extracted 28 || from Protected Material; (2) all copies, excerpts, summaries, or compilations of

1 || Protected Material; and (3) any testimony, conversations, or presentations by Parties 2 || or their Counsel that might reveal Protected Material. 3 Any use of Protected Material at trial shall be governed by the orders of 4 || the trial judge and other applicable authorities. This Order does not govern the use of 5 || Protected Material at trial. 6 6. DURATION 7 Once a case proceeds to trial, information that was designated as 8 || CONFIDENTIAL or maintained pursuant to this protective order used or introduced 9 || as an exhibit at trial becomes public and will be presumptively available to all 10 || members of the public, including the press, unless compelling reasons supported by 11 || specific factual findings to proceed otherwise are made to the trial judge in advance of 12 || the trial. See Kamakana,

447 F.3d at 1180-81

(distinguishing “good cause” showing 13 || for sealing documents produced in discovery from “compelling reasons” standard 14 |) when merits-related documents are part of court record). Accordingly, the terms of 15 || this protective order do not extend beyond the commencement of the trial. 16 7. DESIGNATING PROTECTED MATERIAL 17 7.1 Exercise of Restraint and Care in Designating Material for Protection. 18 || Each Party or Non-Party that designates information or items for protection under this 19 |) Order must take care to limit any such designation to specific material that qualifies 20 || under the appropriate standards. The Designating Party must designate for protection 21 || only those parts of material, documents, items or oral or written communications that 22 || qualify so that other portions of the material, documents, items or communications for 23 || which protection is not warranted are not swept unjustifiably within the ambit of this 24 || Order. 25 Mass, indiscriminate or routinized designations are prohibited. 26 || Designations that are shown to be clearly unjustified or that have been made for an 27 || improper purpose (e.g., to unnecessarily encumber the case development process or to 28 || impose unnecessary expenses and burdens on other parties) may expose the

1 || Designating Party to sanctions. 2 If it comes to a Designating Party’s attention that information or items 3 || that it designated for protection do not qualify for protection that Designating Party 4 || must promptly notify all other Parties that it is withdrawing the inapplicable 5 || designation. 6 7.2 Manner and Timing of Designations. Except as otherwise provided in 7 || this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that 8 || qualifies for protection under this Order must be clearly so designated before the 9 || material is disclosed or produced. 10 Designation in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper or electronic 12 || documents, but excluding transcripts of depositions or other pretrial or trial 13 || proceedings), that the Producing Party affix at a minimum, the legend 14 | “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 15 || contains protected material. If only a portion of the material on a page qualifies for 16 || protection, the Producing Party also must clearly identify the protected portion(s) 17 || (e.g., by making appropriate markings in the margins). 18 A Party or Non-Party that makes original documents available for 19 || inspection need not designate them for protection until after the inspecting Party has 20 || indicated which documents it would like copied and produced. During the inspection 21 || and before the designation, all of the material made available for inspection shall be 22 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 23 || it wants copied and produced, the Producing Party must determine which documents, 24 || or portions thereof, qualify for protection under this Order. Then, before producing the 25 || specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 26 || to each page that contains Protected Material. If only a portion of the material on a 27 || page qualifies for protection, the Producing Party also must clearly identify the 28 || protected portion(s) (e.g., by making appropriate markings in the margins).

1 (b) for testimony given in depositions that the Designating Party 2 || identifies the Disclosure or Discovery Material on the record, before the close of the 3 || deposition all protected testimony. 4 (c) for information produced in some form other than documentary and 5 || for any other tangible items, that the Producing Party affix in a prominent place on the 6 || exterior of the container or containers in which the information is stored the legend 7 | “CONFIDENTIAL.” If only a portion or portions of the information warrants 8 || protection, the Producing Party, to the extent practicable, shall identify the protected 9 || portion(s). 10 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 11 || failure to designate qualified information or items does not, standing alone, waive the 12 || Designating Party’s right to secure protection under this Order for such material. 13 || Upon timely correction of a designation, the Receiving Party must make reasonable 14 | efforts to assure that the material is treated in accordance with the provisions of this 15 || Order. 16 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 17 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 18 || designation of confidentiality at any time that is consistent with the Court’s 19 || Scheduling Order. 20 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 21 || resolution process under Local Rule 37-1 et seq. 22 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 23 || joint stipulation pursuant to Local Rule 37-2. 24 8.4 The burden of persuasion in any such challenge proceeding shall be 25 || on the Designating Party. Frivolous challenges, and those made for an improper 26 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) 27 || may expose the Challenging Party to sanctions. Unless the Designating Party has 28 || waived or withdrawn the confidentiality designation, all parties shall continue to

1 || afford the material in question the level of protection to which it is entitled under the 2 || Producing Party’s designation until the Court rules on the challenge. 3 9. ACCESS TO AND USE OF PROTECTED MATERIAL 4 9.1 Basic Principles. A Receiving Party may use Protected Material that 5 || is disclosed or produced by another Party or by a Non-Party in connection with this 6 || Action only for prosecuting, defending or attempting to settle this Action. Such 7 || Protected Material may be disclosed only to the categories of persons and under the 8 || conditions described in this Order. When the Action has been terminated, a Receiving 9 || Party must comply with the provisions of section 15 below (FINAL DISPOSITION). 10 Protected Material must be stored and maintained by a Receiving Party at 11 || a location and in a secure manner that ensures that access is limited to the persons 12 || authorized under this Order. 13 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 14 || otherwise ordered by the court or permitted in writing by the Designating Party, a 15 |) Receiving Party may disclose any information or item designated “CONFIDENTIAL” 16 || only to: 17 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 18 || well as employees of said Outside Counsel of Record to whom it is reasonably 19 || necessary to disclose the information for this Action; 20 (b) the officers, directors, and employees (including House Counsel) of 21 || the Receiving Party to whom disclosure is reasonably necessary for this Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to whom 23 || disclosure is reasonably necessary for this Action and who have signed the 24 || “Acknowledgment and Agreement to Be Bound” attached as Exhibit A; 25 (d) the court and its personnel; 26 (e) court reporters and their staff; 27 (f) professional jury or trial consultants, mock jurors, and 28 Professional Vendors to whom disclosure is reasonably necessary for this

1 || Action and who have signed the “Acknowledgment and Agreement to Be Bound” 2 || (Exhibit A); 3 (g) the author or recipient of a document containing the information or a 4 || custodian or other person who otherwise possessed or knew the information; 5 (h) during their depositions, witnesses, and attorneys for witnesses, in the 6 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party 7 || requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 8 || not be permitted to keep any confidential information unless they sign the 9 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 10 || by the Designating Party or ordered by the court. Pages of transcribed deposition 11 || testimony or exhibits to depositions that reveal Protected Material may be separately 12 || bound by the court reporter and may not be disclosed to anyone except as permitted 13 || under this Stipulated Protective Order; and 14 (i) any mediators or settlement officers and their supporting personnel, 15 || mutually agreed upon by any of the parties engaged in settlement discussions. 16 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 17 PRODUCED IN OTHER LITIGATION 18 If a Party is served with a subpoena or a court order issued in other 19 || litigation that compels disclosure of any information or items designated in this 20 || Action as “CONFIDENTIAL,” that Party must: 21 (a) promptly notify in writing the Designating Party. Such notification 22 || shall include a copy of the subpoena or court order; 23 (b) promptly notify in writing the party who caused the subpoena or order 24 || to issue in the other litigation that some or all of the material covered by the subpoena 25 || or order is subject to this Protective Order. Such notification shall include a copy of 26 || this Stipulated Protective Order; and 27 (c) cooperate with respect to all reasonable procedures sought to be 28 || pursued by the Designating Party who’s Protected Material may be affected. If the aog9sama. 10.

1 || Designating Party timely seeks a protective order, the Party served with the subpoena 2 || or court order shall not produce any information designated in this action as 3 || “CONFIDENTIAL” before a determination by the court from which the subpoena or 4 || order issued, unless the Party has obtained the Designating Party’s permission. The 5 || Designating Party shall bear the burden and expense of seeking protection in that 6 || court of its confidential material and nothing in these provisions should be construed 7 || as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 8 || directive from another court. 9 11. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO 10 BE PRODUCED IN THIS LITIGATION 11 (a) The terms of this Order are applicable to information produced by a 12 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 13 || produced by Non-Parties in connection with this litigation is protected by the 14 || remedies and relief provided by this Order. Nothing in these provisions should be 15 || construed as prohibiting a Non-Party from seeking additional protections. 16 (b) In the event that a Party is required, by a valid discovery request, to 17 || produce a Non-Party’s confidential information in its possession, and the Party is 18 || subject to an agreement with the Non-Party not to produce the Non-Party’s 19 || confidential information, then the Party shall: 20 (1) promptly notify in writing the Requesting Party and the Non- Party 21 || that some or all of the information requested is subject to a confidentiality agreement 22 || with a Non-Party; 23 (2) promptly provide the Non-Party with a copy of the Stipulated 24 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 25 || specific description of the information requested; and 26 (3) make the information requested available for inspection by the Non- 27 || Party, if requested. 28 (c) If the Non-Party fails to seek a protective order from this court within aog9sama. 11.

1 || 14 days of receiving the notice and accompanying information, the Receiving Party 2 || may produce the Non-Party’s confidential information responsive to the discovery 3 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 4 || produce any information in its possession or control that is subject to the 5 || confidentiality agreement with the Non-Party before a determination by the court. 6 || Absent a court order to the contrary, the Non-Party shall bear the burden and expense 7 || of seeking protection in this court of its Protected Material. 8 12. UNAUTHORIZED DISCLOSURE OF PROTECTED 9 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 its best 14 || efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 15 || person or persons to whom unauthorized disclosures were made of all the terms of this 16 || Order, and (d) request such person or persons to execute the “Acknowledgment an 17 || Agreement to Be Bound” attached hereto as Exhibit A. 18 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 19 OTHERWISE PROTECTED MATERIAL 20 When a Producing Party gives notice to Receiving Parties that certain 21 || inadvertently produced material is subject to a claim of privilege or other protection, 22 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 23 || Procedure 26(b)(5)(B), and such inadvertent disclosure shall not constitute the 24 || voluntary disclosure of such Protected Material or the waiver of any claim of privilege 25 || applicable thereto. This provision is not intended to modify whatever procedure may 26 || be established in an e-discovery order that provides for production without prior 27 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 28 || parties reach an agreement on the effect of disclosure of a communication or aog9sama. 12.

1 || information covered by the attorney-client privilege or work product protection, the 2 || parties may incorporate their agreement in the stipulated protective order submitted to 3 || the court. 4 14. MISCELLANEOUS 5 14.1 Right to Further Relief. Nothing in this Order abridges the right of 6 || any person to seek its modification by the Court in the future. 7 14.2 Right to Assert Other Objections. By stipulating to the entry of this 8 || Protective Order, no Party waives any right it otherwise would have to object to 9 || disclosing or producing any information or item on any ground not addressed in this 10 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 11 || ground to use in evidence of any of the material covered by this Protective Order. 12 14.3 Filing Protected Material. A Party that seeks to file under seal any 13 || Protected Material must comply with Local Civil Rule 79-5. Protected Material may 14 | only be filed under seal pursuant to a court order authorizing the sealing of the 15 || specific Protected Material. If a Party’s request to file Protected Material under seal is 16 || denied by the court, then the Receiving Party may file the information in the public 17 || record unless otherwise instructed by the court. 18 14.4 Binding Stipulation. The Parties and Counsel for the Parties agree to 19 || be bound by this Stipulation immediately upon execution by Counsel for the Parties as 20 || though immediately ordered and entered by the court. Should the court deny the 21 || requested order, the Parties and Counsel for the Parties further agree to certify the 22 || destruction of all Protected Material within five (5) business days of service of notice 23 || of the court’s denial. 24 15. FINAL DISPOSITION 25 After the final disposition of this Action, as defined in paragraph 6, 26 || within 60 days of a written request by the Designating Party, each Receiving Party 27 || must return all Protected Material to the Producing Party or destroy such material. As 28 || used in this subdivision, “all Protected Material” includes all copies, abstracts, aog9sama. 13.

1 || compilations, summaries, and any other format reproducing or capturing any of the 2 || Protected Material. Whether the Protected Material is returned or destroyed, the 3 || Receiving Party must submit a written certification to the Producing Party (and, if not 4 || the same person or entity, to the Designating Party) by the 60-day deadline that (1) 5 || identifies (by category, where appropriate) all the Protected Material that was returned 6 || 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 8 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 9 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 10 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 11 || reports, attorney work product, and consultant and expert work product, even if such 12 || materials contain Protected Material. Any such archival copies that contain or 13 || constitute Protected Material remain subject to this Protective Order as set forth in 14 || Section 6 (DURATION). 15 16. VIOLATION 16 Any violation of this Order may be punished by appropriate measures 17 || including, without limitation, contempt proceedings and/or monetary sanctions. 18 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 19 20 21 22 23 24 25 26 27 28 aog9sama. 14.

1 5 Dated: August 31, 2020

3 /s/ Fermin H, Llaguno FERMIN H. LLAGUNO 4 LITTLER MENDELSON, P.C. Attorneys for Defendant 5 SONENDO, INC. 6 || Dated: August 31, 2020 7 8 /s/ Kevin J. Dolle KEVIN J. DOLLEY 9 JAMES C. KEANEY LAW OFFICES OF KEVIN J. 10 DOLLEY, LLC Attorneys for Plaintiffs 11 GARY MICHAEL FITE AND JEFFREY AIDEN GREY

13 14 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 15 16 || Dated: September 1, 2020 17 18 /s/ Autumn D. Spaeth HON. AUTUMN D. SPAETH 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 4842-0995-2713.5 15.

| EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, [print or type full name], of 5 [print or type full address], declare 6 || under penalty of perjury that I have read in its entirety and understand the Stipulated 7 || Protective Order that was issued by the United States District Court for the Central 8 || District of California on [date] in this federal case. 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 sanctions 11 || and punishment in the nature of contempt. I solemnly promise that I will not disclose in 12 || any manner any information or item that is subject to this Stipulated Protective Order 13 || to any person or entity except in strict compliance with the provisions of this Order. I 14 || further agree to submit to the jurisdiction of the United States District Court for the 15 || Central District of California for the purpose of enforcing the terms of this 16 || Stipulated Protective Order, even if such enforcement proceedings occur after 17 || termination of this action. 13 |Date: 19 |iCity and State where sworn and signed: 20 ||Printed name: 21 Signature: 22 23 24 25 26 27 28 4842.0995-2713.5 16.

Reference

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