Opinion
Case No. CV 11-05210 DDP (AGRx)
10-28-2011
ENOVSYS LLC, a California limited liability company. Plaintiff, v. AT&T MOBILITY LLC, a Delaware limited liability company, and AT&T MOBILITY II LLC, a Delaware limited liability company, collectively doing business as AT&T Mobility, Defendants.
CONNOLLY BOVE LODGE & HUTZ LLP Bruce G. chapman Attorneys for Plaintiff ENOVSYS LLC BAKER BOTTS L.L.P. Christopher W. Kenneriy Attorneys for Defendants AT&T MOBILITY LLC, and AT&T MOBILITY II LLC
Bruce G. Chapman (State Bar No. 164,258)
CONNOLLY BOVE LODGE & HUTZ LLP
Attorneys for Plaintiff,
ENOVSYS LLC
Christopher W. Kennerly (State Bar No. 255,932)
BAKER BOTTS L.L.P.
Attorneys for Defendants,
AT&T MOBILITY LLC, a Delaware limited
liability company and AT&T MOBILITY II LLC, a
Delaware limited liability company, collectively
doing business as AT&T Mobility
[PROPOSED] STIPULATED
ROTECTIVE ORDER FOR
DISCOVERY
[Magistrate Judge Alicia G. Rosenberg]
GOOD CAUSE STATEMENT
It is the intent of the parties and the Court that confidential materials will not be designated "Confidential" or "Attorneys' Eyes Only" for tactical reasons in this case and that nothing be so designated without a good faith belief that there is good cause why it should not be part of the public record of this case. Examples of confidential information that the parties may seek to protect from unrestricted or unprotected disclosure include:
(a) Information that is the subject of a non-disclosure or confidentiality agreement or obligation;
(b) The names, or other information tending to reveal the identities, of a party's suppliers or vendors;
(c) The names, or other information tending to reveal the identities, of a party's customers;
(d) Proprietary technical, financial, or other business information;
(e) Information related to research, design, or development of technology, products, or services;
(f) Information as to budgets, revenues, profits, costs, margins, licensing of technology, or pricing of products and services; and
(g) Information related to market analyses and business and marketing plans, strategies and forecasts.
Unrestricted or unprotected disclosure of such confidential information, which has been developed at the expense of the disclosing party and which represents valuable tangible and intangible assets of that party, would result in competitive prejudice, injury, or harm to the disclosing party. Accordingly, the parties respectfully submit that there is good cause for the entry of this Protective Order.
ORDER
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court hereby orders the parties to abide by this Protective Order. This Protective Order is issued to facilitate document disclosure and production under the Local Rules of this Court and the Federal Rules of Civil Procedure. Unless modified pursuant to the terms contained in this Order, this Order shall remain in effect through conclusion of this action and survive termination of this action.
IT IS THEREFORE ORDERED THAT:
INFORMATION SUBJECT TO THIS ORDER
1. All documents, materials, items, and/or information produced either by a Party or Parties(or a non-Party) (such Parties and non-Parties referred to as, individually, a "Producing Party") to any of the Parties in this case (a "Receiving Party") shall be governed by this Order. For purposes of this Order, "Party" shall be defined to include all entities named in the above-captioned complaint as well as such entities' parent companies, subsidiary companies, and affiliated companies. For purposes of this Order, "Non-Party" shall be defined to include all entities named in any subpoena giving rise to the production of documents, materials, items, and/or information governed by this Order, as well as such entities' parent companies, subsidiary companies, and affiliated companies. In the event that source code is to be produced in this action, the Parties agree that they will negotiate amendments to this Order governing the production of source code. Nothing herein shall be construed as a waiver of any Party's right to object to the production of any document or thing.
2. A Producing Party may designate any information or materials it produces in this action as (1) "CONFIDENTIAL," or (2) "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" under the terms of this Order (collectively referred to herein as "Protected Information"). Absent a specific order by this Court, Protected Information shall be used by a Receiving Party solely in connection with this action and not for any other purpose whatsoever, including but not limited to any business, competitive, or governmental purpose or function or for any other litigation, and such information shall not be disclosed to anyone except as provided herein.
3. For purposes of this Order, "CONFIDENTIAL INFORMATION" shall mean all information or material produced for or disclosed to a Receiving Party that a Producing Party, including any Party to this action and any non-Party producing information or material pursuant to a subpoena or a court order, considers in good faith to constitute or to contain trade secrets or other confidential research, development, or commercial information, whether embodied in physical objects, documents or the factual knowledge of persons, and which has been so designated by the Producing Party in a manner consistent with this Order. Any CONFIDENTIAL INFORMATION obtained by any Party from any person pursuant to discovery in this litigation may be used only for purposes of preparation and litigation of the above-referenced case.
4. Any document or tangible thing containing or including any CONFIDENTIAL INFORMATION may be designated as such by the Producing Party by marking it "CONFIDENTIAL" prior to or at the time copies are furnished to the Receiving Party. The following persons shall have access to documents designated "CONFIDENTIAL":
(a) Outside litigation counsel of record and supporting personnel employed in the law firm(s) of outside litigation counsel of record, such as attorneys, paralegals, clerks, secretaries, contract attorneys, and clerical personnel;
(b) Up to four (4) internal counsel of Defendants who either have responsibility for making decisions dealing directly with the litigation of this action or who are assisting outside counsel in preparation for proceedings in this action;
(c) Up to four (4) internal counsel of Plaintiff who either have responsibility for making decisions dealing directly with the litigation of this action or who are assisting outside counsel in preparation for proceedings in this action;
(d) Up to four (4) officers, directors or employees of a party who either have responsibility for making decisions dealing directly with the litigation of this action or who are assisting outside counsel in preparation for proceedings in this action;
(e) The Court, its personnel and stenographic reporters;
(f) Independent legal translators retained to translate in connection with this action, provided they agree to maintain the confidentiality of any Protected Information; independent court reporters and videographers retained to record and transcribe testimony given in connection with this action; independent copying, scanning, technical support and electronic document processing services retained by counsel in connection with this action; graphics, translation, or design services retained by counsel for purposes of preparing demonstrative or other exhibits for deposition, trial or otherwise in connection with this action, provided they agree to maintain the confidentiality of any Protected Information; and non-technical jury or trial consulting services retained by counsel in connection with this action, and mock jurors, provided they agree to maintain the confidentiality of any Protected Information; and
(g) Experts or consultants of the parties (and their secretarial and clerical personnel) retained to assist counsel in this case who have complied with the provisions of Paragraphs 11 and 12 herein and who have signed the form attached hereto as Exhibit A.
5. At the request of any Party, the original and all copies of any deposition transcript, including video copies, in whole or in part, shall be marked "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" by the reporter. This request may be made orally during the deposition or in writing within thirty (30) days of receipt of the final certified transcript. Deposition transcripts of witnesses shall be treated as "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" until the expiration of the time to make a confidentiality designation. Any portions so designated shall thereafter be treated in accordance with the terms of this Order.
6. All CONFIDENTIAL INFORMATION not reduced to documentary, tangible, or physical form or which cannot be conveniently designated as set forth in paragraph 2, shall be designated by the Producing Party by informing the Receiving Party of the designation in writing. In the event the Producing Party elects to produce original documents or other material for inspection, no markings need be made by the Producing Party in advance of the inspection. During the inspection, all such documents shall be considered as marked "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY." After selection by the Receiving Party of specified documents or material for copying, the Producing Party shall make the appropriate copies, and the appropriate confidentiality designations shall be placed on the specified documents or materials prior to providing the copies to the Receiving Party.
7. The following information is not CONFIDENTIAL INFORMATION:
(a) Any information which at the time of disclosure to a Receiving Party is in the public domain;
(b) Any information which, after its disclosure to a Receiving Party, becomes part of the public domain as a result of publication not involving a violation of this Order;
(c) Any information that the Receiving Party can show was already known to it prior to this litigation;
(d) Any information that the Receiving Party can show was received by it after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Producing Party; and
(e) Any information that the Receiving Party can show was independently developed by it after the time of disclosure by personnel who did not have access to the Producing Party's CONFIDENTIAL INFORMATION.
ADDITIONAL RESTRICTIONS ON CERTAIN INFORMATION
8. CONFIDENTIAL INFORMATION may be designated "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY." The "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" designation is reserved for CONFIDENTIAL INFORMATION that constitutes, includes or reflects proprietary technical data or highly sensitive commercial information of a non-Party or Party. Documents designated "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" and information contained therein shall be available only to those persons identified in sections (a), (e), (f) and (g) of Paragraph 4 herein.
PRODUCTION FORMATS
9. The parties agree that discovery materials will be produced in this case as follows:
(a) Paper as single-page TIFFs. Plaintiff will produce with Summation load files, and Ipro image load files, including beginning and ending document Bates Numbers, and with OCR if generated by the producing party for its own use. Defendants will similarly produce Summation load files, and Ipro image load files, including beginningsuch production, then the document shall be produced in full in native format if the application needed to properly access, view and print the information is commonly used or easily available at nominal cost, or as a single page TIFFs.
and ending document Bates Numbers, and with OCR if generated by the producing party for its own use.
(b) Electronic documents will be produced at the producing party's option as:
i. Single page TIFFs (with load files as specified in Paragraph 10(a)) and extracted text (if reasonably available) on a per document level; or
ii. Native electronic format.
(c) Except as otherwise agreed by the parties or ordered by the Court, electronically stored information need not be produced in native format, and metadata need not be produced. To the extent either party believes, on a case-by-case basis, that documents should be produced in an alternative format, or that metadata should be produced, the parties have agreed that they will meet and confer in good faith concerning such alternative production arrangements (and will approach the Court for guidance only in the event of a dispute).
(d) Before any large-scale production of e-mail shall be required, the parties shall further confer in good faith on measures to minimize the volume and burden of e-mail production.
(e) Unmanageably large and/or unusually formatted electronic documents, such as spreadsheets, databases, log files, computer aided design (CAD) drawings or documents, and large-scale schematic diagrams, shall be produced to the extent practicable as partial exemplars sufficient to show the nature of the document, so long as the producing party identifies them as such. The receiving party may identify any such exemplars for production in full, in which case the producing and receiving parties shall confer to determine the most practicable format for such production. If the parties are unable to agree on a format for
DISCLOSURE TO EXPERTS
10. A Party that seeks to disclose Protected Information of a Party to an expert (as defined in paragraph 4(f) above) who is actively assisting in the preparation for and/or trial of the case must, at least fourteen (14) days in advance of such disclosure, first provide written notice to the Producing Party that: (1) identifies the name of the expert; (2) attaches a current copy of the expert's resume;
(3) identifies each person or entity from whom the expert has received compensation for work in his or her areas of expertise or to whom the expert has provided professional services at any time during the preceding four (4) years; and
(4) identifies (by name, cause number, filing date, and location of court) any litigation in connection with which the expert has provided any professional services during the preceding four (4) years. However, if disclosure of either the identity of the entity for which the work is being or has been performed or the subject matter of that work, or both, is deemed proprietary, then the fact that certain information is being withheld on the basis that it is proprietary shall be disclosed. The written notice required under this Paragraph need not be given to non-Parties who have produced Protected Information pursuant to this Protective Order.
11. Any expert having access to Protected Information shall be given a copy of this Order and its provisions must be explained to him/her by counsel and such expert must agree to be bound by this Order. Before any disclosure of Protected Information occurs, such expert shall execute the form attached hereto as Exhibit A. Outside Counsel for the Receiving Party with whom such expert is affiliated or by whom he/she is retained shall maintain the signed Exhibit A.
12. A Party objecting to disclosure of Protected Information to an expert shall, within ten (10) business days of receiving the written notice contemplated by Paragraph 10 herein, state with particularity the ground(s) of the objection and the specific categories of documents that are subject to the objection. The objecting party's consent to the disclosure of Protected Information to an expert shall not be unreasonably withheld, and its objection must be based on that party's good faith belief that disclosure of its Protected Information to the expert will result in business or economic harm to that party.
13. If, after consideration of the objection, the party desiring to disclose the Protected Information to an expert refuses to withdraw the expert from consideration, that party shall provide written notice to the objecting party. Thereafter, the objecting party shall, pursuant to L.R. 37, promptly seek a ruling from the Court on its objection. A failure to file a motion within the twenty (20) business day period shall operate as an approval of disclosure of the Protected Information to the expert.
14. The objecting party shall have the burden of showing to the Court "good cause" for preventing the disclosure of its Protected Information to the expert. This "good cause" shall include a particularized showing that: (1) the Protected Information is confidential commercial information; (2) disclosure of the Protected Information could result in a potential business or economic harm to the objecting party's business; and (3) the proposed expert is in a position to allow the Protected Information to be disclosed to the objecting party's competitors.
CHALLENGES TO CONFIDENTIALITY DESIGNATIONS
15. The Parties will use reasonable care when designating any documents, material or other information as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY." Nothing in this Order shall prevent a Receiving Party from contending that documents, material, or information designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" have been improperly designated. A Receiving Party may at any time request that the Producing Party cancel or modify the confidentiality designation with respect to any such document, or the information contained therein.
16. A Receiving Party shall not be obligated to challenge the propriety of a "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" designation at the time made, and a failure to do so shall not preclude a subsequent challenge thereto. Such a challenge shall be written, served on counsel for the Producing Party, and particularly identify the documents or information that the Receiving Party contends should be differently designated. The Receiving Party and Producing Party shall use their best efforts to resolve promptly and informally such disputes. If agreement cannot be reached, the Receiving Party mayfile a motion requesting that the Court cancel or modify a "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" designation. The burden of demonstrating the confidential nature of any information shall at all times be and remain on the Producing Party.
LIMITATIONS ON THE USE OF PROTECTED MATERIAL
17. Protected Information shall be held in confidence by each person to whom it is disclosed, shall be used only for purposes of this litigation, shall not be used for any other purpose, and shall not be disclosed to any person who is not entitled to receive such information as herein provided. All such information shall be carefully maintained so as to preclude access by persons who are not entitled to receive such information.
18. No attorney for or representing a Party, whether in-house or outside counsel, nor any other person associated with a Party who is permitted to receive Protected Information pursuant to Paragraph 8 herein, who obtains, receives, has access to, or otherwise learns, in whole or in part, Protected Information of another Party designated HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY pursuant to Paragraph 8 under this Order shall prepare, prosecute, supervise, or assist in the preparation or prosecution of any patent application for the Party, or for any affiliated or related entity or person, pertaining to the subject matter of the patents-in-suit or the disclosed Protected Information during the pendency of this case and for two years after the conclusion of this litigation, including any appeals. Nothing in this paragraph shall be construed as a waiver of the other provisions of this Order, including but not limited to those provisions restricting the use and disclosure of Protected Information.
19. Nothing in this Order shall preclude any Party to this lawsuit or their attorneys from (1) showing a document or documents designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" to an individual who either authored or was copied on the distribution of the document, as indicated on the document's face, prior to the filing of this action; (2) showing a document or documents designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" to an individual who, by sworn testimony, has been identified as a recipient or author of the document; or (3) from disclosing or using, in any manner or for any purpose, any information or documents from the Party's own files which the Party itself has designated "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY."
20. Any person may be examined as a witness at a deposition, hearing, trial,and may testify concerning all Protected Information of which such person has knowledge, including knowledge based on that person's appropriate or permitted review of any Protected Information from a Producing Party. Without in any way limiting the generality of the foregoing:
(a) If a present director, officer, and/or employee of a Producing Party is examined, he or she may testify concerning all Protected Information
which has been produced by the Producing Party and/or which he or she has prior knowledge;
(b) If a non-Party or opposing party is examined or testifies, the non-Party or opposing party may be examined or testify concerning any document containing Protected Information of a Producing Party which appears on its face or from other documents or testimony to have been received from or communicated to the non-Party or opposing party.
21. Nothing in this Order shall prohibit the transmission or communication of Protected Information between or among qualified recipients by (1) hand delivery, (2) in sealed envelopes via mail or delivery service, or (3) by telephone, facsimile, email, or other electronic transmission.
22. Nothing herein shall restrict a qualified recipient from making working copies, abstracts, digests, and analyses of Protected Information for use in connection with this litigation. Further, nothing herein shall restrict a qualified recipient from converting or translating Protected Information into machine readable form for incorporation into a data retrieval system used in connection with this action, provided that access to Protected Information, in whatever form stored or reproduced, shall be limited to qualified recipients.
22a. Nothing in this Protective Order shall be interpreted to restrict an attorney permitted to receive Protected Information pursuant to Paragraphs 4 or 8 herein from rendering legal advice to or discussing with her or his client the merits of any issue in this litigation as long as the specific substance or content of the Protected Information is not revealed to a person who is not qualified to receive such information under the terms of this Protective Order.
NON-PARTY USE OF THIS PROTECTIVE ORDER
23. A non-Party producing information pursuant to a subpoena or a court order may designate such material or information in the same manner and shall receive the same level of protection under this Protective Order as any party to this lawsuit.
24. A non-Party's use of this Protective Order to protect its information does not entitle that non-Party access to Protected Information produced by any Party in this case.
NO WAIVER OF PRIVILEGE
25. Pursuant to Rule 502 of the Federal Rules of Evidence and Rule26(c)(5)(B) of the Federal Rules of Civil Procedure, the disclosure of protected communications or information shall not constitute a waiver of any privilege or other protection (including work product).
26. Within the time agreed by the parties or prescribed by the Court, the parties will provide privilege logs for protected materials withheld for attorney-client privilege or pursuant to the work product doctrine (or other privileges or doctrines). The Producing Party shall provide a privilege log for all withheld documents or other materials, including redacted materials. Nothing herein shall prevent the Receiving Party from challenging the propriety of the designation of attorney-client privilege, work product or other designation of protection. The parties are not required to include on their privilege logs any protected documents that came into existence after the filing date of the complaint.
MISCELLANEOUS PROVISIONS
27. Inadvertent failure to identify documents or things as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" information pursuant to this Order shall not constitute a waiver of any otherwise valid claim for protection, provided that the provisions of this paragraph are satisfied. If the Producing Party discovers that information should have been but was not designated "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -ATTORNEY EYES ONLY," the Producing Party must immediately notify all other Parties. In such event, within seven (7) business days of notifying all other Parties, the Producing Party must provide copies of the "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" information designated in accordance with this Order. After receipt of such re-designated information, this "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -ATTORNEY EYES ONLY" information shall be treated as required by this Order. The Receiving Party shall have no liability, under this Order or otherwise, for any disclosure of information contained in unlabeled or mislabeled documents or things occurring before the Receiving Party was placed on notice of the Producing Party's claims of confidentiality.
28. Any of the notice requirements herein may be waived, in whole or in part, solely by a writing signed by an attorney of record for the party against whom such waiver will be effective.
29. Within sixty (60) days after the entry of a final non-appealable judgment or order, or the complete settlement of all claims asserted against all Parties in this action, each Party shall either return or destroy all physical objects and documents which contain Protected Information which were received from the Producing Party, and shall destroy in whatever form stored or reproduced, all other physical objects and documents which contain Protected Information, except that each Party's outside counsel may maintain all documents, things, copies, and samples to the extent they include or reflect a Receiving Party's work product. In addition, each Party shall certify in writing to each Producing Party that such Protected Information has been returned or destroyed as required above. Notwithstanding the foregoing, outside counsel of record shall be entitled to maintain copies of all pleadings, motions and trial briefs (including all supporting and opposing papers and exhibits thereto), written discovery requests and responses (and exhibits thereto), deposition transcripts (and exhibits thereto), trial transcripts, exhibits offered or introduced into evidence at trial, and any work-product containing Protected Information provided, however, that any Protected Information contained in any such documents retained by outside counsel of record shall remain subject to the protections of this Order. Notwithstanding this provision, counsel for the Parties are not required to delete information that may reside on the respective back-up systems of the firms which are over-written in the normal course of business; however, the counsel for the Parties agree that no Protected Information shall be retrieved from the electronic back-up systems after conclusion of this litigation.
30. If at any time documents containing Protected Information are subpoenaed by any court, arbitral, administrative, or legislative body, the person to whom the subpoena or other request is directed shall immediately give written notice thereof to the Producing Party and to its counsel and shall provide the Producing Party with an opportunity to object to the production of such documents. If a Producing Party does not take steps to prevent disclosure of such documents within ten (10) business days of the date written notice is given, the party to whom the referenced subpoena is directed may produce such documents in response thereto.
31. Pursuant to the provisions of Rule 26(b)(4)(B) of the Federal Rules of Civil Procedure, a testifying expert's draft reports, regardless of form, are exempt from discovery. A testifying expert's notes, outlines, and any other writings relating to the preparation of the expert's draft or final reports, regardless of form, are also exempt from discovery. Communications between counsel and a testifying expert are exempt from disclosure as provided in Rule 26(b)(4)(C) of the Federal Rules of Civil Procedure.
32. In the event a Party wishes to use any Protected Information in any affidavits, briefs, memoranda of law, or other papers filed with the Court in this action, the Party must request approval from the Court to file such Protected Information under seal pursuant to Local Rule 79-5.1. Upon approval by the Court, such Protected Information shall be filed under seal with the Court in the manner prescribed by Local Rule 79-5. The Clerk of this Court is directed to maintain under seal all documents and transcripts of deposition testimony and answers to interrogatories, admissions, and other pleadings filed under seal with the Court in this action which have been designated, in whole or in part, as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY."
33. The United States District Court for the Central District of California, or any Court to which this action is transferred, is responsible for the interpretation and enforcement of this Protective Order. All disputes concerning documents or information covered under this Protective Order (however designated) and produced under the protection of this Protective Order shall be resolved by the United States District Court for the Central District of California.
34. Nothing in this Protective Order shall limit any Party's use of its own documents and information, nor shall it prevent any Party from disclosing its own Protected Information or documents to any person. Such disclosure shall not affect any designations made pursuant to the terms of this Protective Order, so long as the disclosure is made in a manner that is reasonably calculated to maintain the confidentiality of the information.
35. Nothing in this Protective Order shall prevent or otherwise restrict counsel from rendering advice to their clients and, in the course of rendering such advice, relying upon the examination of designated material. In rendering such advice and otherwise communicating with the client, however, counsel shall not make specific disclosure of any Protected Information, except as permitted by this Protective Order.
36. This Protective Order shall govern as of the filing date of this lawsuit until modified or superseded by a further Order of this Court and is without prejudice to any Party moving to amend this Protective Order at a later time. This Protective Order may be altered by written agreement of the parties or, as applicable, the Parties and any non-Party.
37. This Protective Order shall also apply to any and all materials and/or information produced and/or provided in connection with the parties' past, present, and future settlement negotiations and/or discussions, including, but not limited to, negotiations and/or discussions covered under Rule 408 of the Federal Rules of Evidence.
38. This Protective Order shall be binding upon the Parties, and their respective attorneys, successors, executors, personal representatives, administrative, heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, or other persons or organizations over which they have control. This Protective Order shall remain in full force and effect after the termination of this litigation, or until canceled or otherwise modified by Order of this Court.
IT IS SO ORDERED.
Honorable Alicia G. Rosenberg
United States District Magistrate Midge
Stipulated as to form and substance:
CONNOLLY BOVE LODGE & HUTZ LLP
Bruce G. chapman
Attorneys for Plaintiff ENOVSYS LLC
BAKER BOTTS L.L.P.
Christopher W. Kenneriy
Attorneys for Defendants
AT&T MOBILITY LLC, and AT&T
MOBILITY II LLC
EXHIBIT A TO STIPULATED PROTECTIVE ORDER
ENOVSYS LLC, a California limited
liability company, Plaintiff,
v.
AT&T MOBILITY LLC, a Delaware
limited liability company, and AT&T
MOBILITY II LLC, a Delaware limited
liability company, collectively doing
business as AT&T Mobility, Defendants.
Case No. CV 11-05210 DDP (AGRx)
CONFIDENTIALITY
UNDERTAKING
EXHIBIT A - UNDERTAKING
I have read and understand the Agreed Protective Order (the "Order") in the above-captioned case (a copy of which is attached and whose definitions are incorporated herein) and I attest to my understanding that access to information designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" may be provided to me and that such access shall be governed by the terms and conditions and restrictions of the Order. I agree to be bound by the terms of the Order and hereby subject myself to the jurisdiction of the Court for all purposes related to the Order.
I shall not use or disclose any "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" information to others, except in accordance with the Order. I also understand that, in the event that I fail to abide by the terms of this Undertaking or the Order, I may be subject to sanctions by way of contempt of court and to separate legal and equitable recourse by the adversely affected Producing Party.
Date:_____________ Signature:_______________
Printed Name:__________________
Address:________________.