Preview
JONATHAN A. PATCHEN (SBN 237346)
CHERYL A. CAULEY (SBN 252262)
HERE
SANMATEO COUNTY
MAX BABA TWINE (SBN 296128)
TAYLOR & PATCHEN, LLP
One Ferry Building, Suite 355
San Francisco, California 94111
Telephone: (415) 788-8200
Facsimile: (415) 788—8208
E-mail: jpatchen@taylorpatchen.com
E—mail: ccauley@taylorpatchen.com
E—mail: mtwine@taylorpatchen.com
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Attorneys for Plaintiff
GUIDEWIRE SOFTWARE, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN MATEO
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12 GUIDEWIRE SOFTWARE, INC., Case No.: I6-CIV—01769
13 Plaintiff, NOTICE OF ENTRY OF ORDER
14 v. Trial Date: June 11, 2018
15 JAY GALLUZZO, and DOES I through 20,
inclusive,
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Defendants.
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{——
16—CIV—01769
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I NOEO
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Notice of Entry of Order
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TAYLOR &
PATCHEN, LLP
NOTICE OF ENTRY OF ORDER: CASE NO. 16-CIV-01769
TO ALL PARTIES TO THIS ACTION AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on Thursday, September 7, 2017, the Court entered an
Order granting the Parties’ Stipulation for Protective Order regarding Confidential and Highly
Confidential Information. A true and correct copy of the Court’s order is attached hereto as
Exhibit A.
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Dated: September 25, 2017 TAYLOR & PATCHEN, LLP
By: V
Max Baba TWine
Attorneys for Plaintiff GUIDEWIRE SOFTWARE, INC.
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TAYLOR & 2
PATCHEN, LLP
NOTICE OF ENTRY OF ORDER: CASE NO. 16-CIV-01769
CERTIFICATE OF SERVICE
At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of San Francisco, State of California. My business address is One Ferry
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Building, Suite 355, San Francisco, California 94111.
On September 25, 2017, I served true and correct copies of the NOTICE OF ENTRY OF
ORDER on the interested parties in this action as follows:
Mr. Taylor C. Foss
Mr. Robert D. Estrin
Mr. Todd H. Stitt
Michelman & Robinson, LLP
17901 Von Kannan Avenue, 10th Floor
10 Irvine, CA 92614
Telephone: (714) 557-7990
11 Email: tfoSs@mrllp.com
Email: restrin@mrllp.com
12
Email: tstitt@mrllp.com
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Attorneys for Defendant Joseph Galluzzo
14 and Non-Party One, Inc.
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BY E-MAIL 0R ELECTRONIC TRANSMISSION: Based on an agreement of the parties to
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accept service by e—mail or electronic transmission, I caused the documents to be sent from e-mail
17 address schow@tavlorpatchen.com to the persons at the e-mail addresses listed above. I did not
l8 receive, within a reasonable time after the
transmission, any electronic message or other indication
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that the transmission was unsuccessful.
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I declare under penalty of perjury, under the laws of the State of California, that the
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foregoing is true and correct. Executed this 25th day of September, 2017, at San Francisco,
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California.
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1a
24 LStefanie E. Chow
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TAYLOR & 3
PATCHEN, LLP
NOTICE OF ENTRY OF ORDER: CASE NO. l6-CIV—01769
EXHIBIT A
JONATHAN A. PATCHEN (SBN 237346)
CHERYL A. CAULEY (SBN 252262)
MAX BABA TWINE (SBN 296128)
TAYLOR & PATCHEN, LLP FILED
”5°
SANM COUNTY
QWN One Feny Building, Suite 355
San Francisco, California 94111 __
Telephone: (415) 788-8200 SEP 7 2017
Facsimile: (415) 788—8208 ‘
Bflerk 0f th
_
E—mail: jpatchen@tay10rpatchen.com fiupenor Court
E-mail: ccauley@taylorpatchen.com
DEP CLERK
E—mail: mtwine@taylorpatchen.com
Attorneys for Plaintiff
GUIDEWIRE SOFTWARE, INC.
KOOOQ
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN MATEO
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12 GUIDEWIRE SOFTWARE, INC., Case No.: 16-CIV-01769 .
13 Plaintiff, STIPULATION FOR PROTECTIVE
ORDER RE: CONFIDENTIAL AND
14 v. HIGHLY CONFIDENTIAL
INFORMATION
15 JAY GALLUZZO, and DOES 1 through 20,
inclusive, Trial Date: June 11, 2018
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Defendants.
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TAYLOR &
PATCHEN, LLP
STIPULATI ON FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL
INFORMATION: CASE NO. 16-CIV—01769 .
TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
WHEREAS the parties in the action pending in the Superior Court of California, County of
San Mateo, entitled-Guidewire Sofiware, Inc. v. Jay Galluzzo, et 01., Case No. 16—CIV—01769 (“the
Litigation”), anticipate that during the course of the Litigation documents and/or information of a
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sensitive, private, and confidential nature may be produced in the course of discovery or otherwise
disclosed or provided, and the parties wish to protect the confidentiality of such documents or
information while ensuring that discovery may be pursued with a minimum of delay and expense.
THEREFORE the following parties, Guidewire Sofiware, Inc. and Jay Galluzzo (,“Party”
or “Parties”) hereby stipulate and agree to the proposed Protective Order Re: Confidential and
Highly Confidential Information (“Protective Order”) attached hereto as Exhibit “1,” subject to
Court approval.
Dated: August :1; 2017 TAYLOR & PATCHEN, LLP
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fib/Iéfifllfifi A. Patchen
‘meys for Plaintiff GUIDEWIRE SOFTWARE, INC.
Dated: Augustfl 2017 MICHELMAN & ROBINSON, LLP
By: W at
Robert D. Estrin
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Attorneys for Defendant JAY GALLUZZO
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TAYLOR 6v.
PATCHEN. LLP
STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL
INFORMATION: CASE NO. 16-CIV-01769
EXHIBIT 1
JONATHAN A. PATCHEN (SBN 237346)
CHERYL A. CAULEY (SBN 252262)
MAX BABA TWINE (SBN 296128)
TAYLOR & PATCHEN, LLP
One Ferry Building, Suite 355
San Francisco, California 94111
Telephone: (415) 788-8200
Facsimile: (415) 788—8208
E—mail: j patchen @taylorpatchen.com
E-mail: ccauley@taylorpatchen.com
E—mail: mtwine@taylorpatchen.com
Attorneys for Plaintiff
GUIDEWIRE SOFTWARE, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN MATEO
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12
GUIDEWIRE SOFTWARE, INC., Case No.: 16—CIV—01769
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Plaintiff, . PROTECTIVE ORDER RE:
14 CONFIDENTIAL AND HIGHLY
v. CONFIDENTIAL INFORMATION
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JAY GALLUZZO, and DOES 1 through 20, Trial Date: June 11, 2018
16 inclusive,
17 Defendants.
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TAYLOR &
PATCHEN, LLP STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL
INFORMATION: CASE NO. 16-CIV-01769
WHEREAS the parties in the action pending in the Superior Court of California, County of
San Mateo, entitled Guidewire Software, Inc. v. Jay Galluzzo, et (11., Case No. 16—CIV—01769 (“the
Litigation”), Guidewire Software and Jay Galluzzo (“Party or Parties”), have entered into a
4; Stipulation for Protective Order re: Confidential and Highly Confidential Information (“Protective
Order”), and good cause appearing therefore, the Court HEREBY ORDERS AS FOLLOWS:
1. SCOPE OF PROTECTIVE ORDER
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(a) The protection of this Protective Order may be invoked with respect to any documents,
testimony, information, and things (collectively “materials”) produced or created in this action that
contain Confidential Information or Highly Confidential Information. As used herein, the term
“Confidential Information” includes testimony and records, including but not limited to discovery
responses, whether hard—copy or electronic, that contain confidential and/or proprietary trade
12 secret information, including but not limited to technical and competitively sensitive information
13 protected by law and information protected by California’s constitution and common law right to
14 privacy. As used herein, the term “Highly Confidential Information” includes testimony and
15 records, including but not limited to discovery responses, whether hard—copy or electronic, that
16 contain highly sensitive confidential and/or proprietary trade secret information, including but not
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17 limited to highly sensitive confidential business or financial information. As set forth below,
18 materials containing Confidential Information or Highly Confidential Information may be
19 designated as “Confidential” or “Highly Confidential” as appropriate (“Confidentiality
20 Designations”). Such Confidentiality Designations may be made by any Party or nonparty
21 producing materials in the Litigation (“Producing Party”) or by a Party who determines, in good
22 faith, that materials produced by a non—party contain “Confidential” or “Highly Confidential”
23 information (“Designating Party”) even though not so designated by the Producing Party.
24 (b) In the event that additional partiesjoin or arejoined in this Litigation, they shall not
25 have access to materials designated as “Confidential” or “Highly Confidential” pursuant to this
2'6 Protective Order until they have executed and, at the request of any Party, filed with the Court
27 their agreement to be bound by this Protective Order.
28 2. DESIGNATION OF MATERIALS AS CONFIDENTIAL
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TAYLOR &
PATCHEN, LLP STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL
INFORMATION: CASE NO. 16—CIV—Ol 769
(a) “Confidential” materials shall include only such information as the Producing or
Designating Party in good faith contends should be protected pursuant to this Protective Order on
the grounds that the information is properly subject to protection under existing California or
federal law.
(b) “Highly Confidential” materials shall include only such information as the Producing
or Designating Party in good faith contends should be protected pursuant to this Protective Order
on the grounds that the information is highly sensitive and properly subject to protection under
existing California or federal law.
(0) In designating materials pursuant to this Protective Order, the Producing or Designating
Party shall give due consideration to whether the information in the materials: (I) has been
produced, disclosed, or made available to the public in the past; (2) has been published,
communicated, or disseminated to others not obligated to maintain the confidentiality of the
information contained therein; (3) has not been preserved or maintained in a manner calculated to
preserve its confidentiality; or (4) is available from a third party or commercial source that is not
obligated to maintain its confidentiality or privacy. The Producing or Designating Party shall also
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give due consideration to the age of the materials.
(d) The protection of this Protective Order may be invoked with respect to materials in the
following manner:
(i) Documents when produced or otherwise designated shall bear the clear and
legible Confidentiality Designation on each page of the document, except that in the case
of multi—page documents bound together by staple or other permanent binding, the
Confidentiality Designation legend need only be affixed to the first page in order for the
entire document to be treated as “Confidential” or “Highly Confidential.” Documents
produced prior to the entry of this Protective Order may be designated as “Confidential” or
“Highly Confidential” within thirty (30) days after entry, and documents produced by non-
parties may be designated as “Confidential” or “Highly Confidential” by a Paity within
thirty (30) days after such production.
(ii) As to discovery requests or responses, the pages of those requests or responses
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TAYLOR &
PATCH EN, LLP
STIPULA’I'ION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL
INFORMATION: CASE NO. l6—CIV—Ol769
containing “Confidential” or “Highly Confidential” materials shall be so marked, and the
first page of the requests or responses shall bear a legend substantially stating that “This
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Document Contains ‘Confidential’ Material” or “This Document Contains ‘Highly
Confidential’ Material,” as appropriate;
(iii) As to deposition testimony, “Confidential” or “Highly Confidential” treatment
may be invoked by: (1) declaring the same on the record at the deposition with instructions
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to so designate the cover of the deposition transcript; or (2) designating specific pages as
“Confidential” or “Highly Confidential” and serving such designations within thirty (30)
days of receipt of the transcript of the deposition in which the designations are made. All
10 deposition testimony shall be treated as “Confidential” or “Highly Confidential” pending
11 receipt of a transcript of the deposition.
I2 (6) If any Producing Party inadvertently produces or discloses any “Confidential” or
13 “Highly Confidential” information without marking it with an appropriate legend, the Producing
14 Party or a Designating Party shall promptly notify the receiving party that the information should
15 be treated in accordance with the terms of this Protective Order, and shall forward appropriately
16 stamped copies of the items in question. Within five (5) days of the receipt of substitute copies,
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I7 the receiving party shall return the previously unmarked items and all copies. The inadvertent
13 disclosure shall not be deemed a waiver of confidentiality, and such designation shall be made as
19 soon as possible afier the discovery of the inadvertent production or disclosure.
20 3. CHALLENGES TO CONFIDENTIALITY DESIGNATION
21 (a) Any Party believing material designated as “Confidential” or “Highly Confidential” by
22 another is not entitled to such designation shall so notify the Producing or Designating Party in
23 writing, provide a brief statement of the basis for that belief with service on all other Parties, and
24 allow ten (10) days for the Producing or Designating Party to respond.
25 (b) If a Producing or Designating Party does not modify its designation of the materials in
26' response to a notice pursuant to paragraph
3(a) of this Protective Order, then the Party challenging
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27 the Confidentiality Designation may move the Court for an order modifying or removing such
28 designation. To maintain “Confidential” or “Highly Confidential” status, the burden shall be on
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TAYLOR &
PATCHEN, LLP . STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL
INFORMATION: CASE NO. IG-CIV—01769
the proponent of confidentiality to show that the material or information is entitled to protection
under applicable law. Until a Confidentiality Designation is voluntarily withdrawn by the
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Producing or Designating Party, or the court issues an order modifying or removing such
designation, the provisions of the Protective Order shall continue to apply.
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4. DISCLOSURE OF MATERIALS WITH A CONFIDENTIALITY DESIGNATION
(a) Materials with a Confidentiality Designation as well as summaries, excerpts, and
extracts of them, shall not be disclosed or made accessible to any person except as specifically
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permitted by this Protective Order. Materials with a Confidentiality Designation shall be used
solely in the preparation for trial and/or trial of the Litigation, and shall not be used at any time for
10 any other purpose.
11 (b) Materials designated as “Confidential” may be disclosed only to:
12 (i) The court, its clerks, and research attorneys;
13 (ii) Attorneys actively involved in the representation of a Party, their secretaries,
14 paralegals, legal assistants, and other staff actively involved in assisting in the Litigation;
15 (iii) In—house attorneys employed by any Party and working on the Litigation, and
16 their secretaries, paralegals, legal assistants, and other staff actively involved in assisting in
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17 the Litigation;
18 (iv) The Parties, potential or actual class members, and officers and employees of
19 the Parties assisting counsel in the preparation of the case for trial, motion practice, or
2o appellate proceedings, provided that the materials designated “Confidential” may be
21 disclosed to such persons only to the extent disclosure is, in the judgment of counsel,
22 reasonably necessary to counsel’s preparation of the case;
23 (v) Any expert or consultant who is retained by any of the Parties or their counsel
24 of record to assist counsel in the Litigation, and any employee of such an expert assisting
25 in the Litigation (“Experts”);
26 (vi) Any person called to testify as a witness either at a deposition or court
27 proceeding in the Litigation, but only to the extent necessary for the purpose of assisting in
28 the preparation or examination of the witness, and also only if such persons are informed
TAYLOR & 7 ‘
PATCHEN, LLP
STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL
INFORMATION: CASE NO. I6-CIV-01769
of the terms of this Protective Order, provided with a copy of the Protective Order, and
agree on the record that they are bound by the terms of the Protective Order and are
required not to disclose information contained in the materials designated as
“Confidential”;
(vii) Deposition and court reporters and their support personnel, for purposes of
preparing transcripts;
(viii) Employees of outside copying services and other vendors retained by'counsel
to assist in the copying, imaging, handling, or computerization of documents, but only to
the extent necessary to provide those services for the Litigation and only after being
informed of the provisions of this Protective Order and agreeing to abide by its terms;
(ix) Mediators or other Alternative Dispute Resolution neutrals (including their
employees, agents, and contractors) to whom disclosure is reasonably necessary to their
involvement in the Litigation;
(x) Any person who created a document or was the recipient of it; and
(xi) Mock jury participants, provided that, prior to the disclosure of
Confidential Information to any mock jury participant, counsel for the Party making the
disclosure shall deliver a copy of this Stipulation and Protective Order to that person, shall
explain that that person is bound to follow the terms of the Order, and shall secure the
signature of that person on a statement in the form attached here as Exhibit A.
(0) Each person to whom “Confidential” materials are disclosed (other than persons
described in paragraphs 4(b)(i), (vii), and (viii)) shall execute a nondisclosure agreement in the
form attached here as Exhibit A prior to their receipt of the Confidential materials and shall agree
to be bound by this Protective Order and to be subject to the jurisdiction of this Court for the
purposes of enforcement, except that individuals identified in paragraphs 4(b)(ii) and (iii) shall not
be required to execute such an agreement, provided that counsel making disclosure to such
individuals advise them of the terms of the Protective Order and they agree to be bound by it.
Counsel disclosing “Confidential”materials to persons required to execute nondisclosure
agreements shall retain all such executed agreements. Copies of the executed agreements
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TAYLOR &
PATCHEN, LLP
STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL
INFORMATION: CASE NO. l6—CIV-01769
preserved by counsel shall be provided to the opposing party ifthe Court so orders upon a
showing ofgood cause.
(d) Materials designated as “Highly Confidential” may be disclosed only to:
A (i) The court, its clerks, and research attorneys;
(ii) Attorneys actively involved in the representation of a Party, their secretaries,
paralegals, legal assistants, and other staff actively involved in assisting in the Litigation;
(iii) One (1) in-house attorney employed by a given Party and working on the
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Litigation, and their secretaries, paralegals, legal assistants, and other staff actively
involved in assisting in the Litigation;
(iv) Any expert or consultant who is retained by any of the Parties or their counsel
of record to assist counsel in the Litigation and any employee of such an expert assisting in
12 the Litigation (“Experts”);
13 (v) Any person called to testify as a witness either at a deposition or court
14 proceeding in the Litigation, but only to the extent necessary for the purpose of assisting in
15 the preparation or examination of the witness, and also only if such persons are informed
16 of the terms of this Protective Order, provided with a copy of the Protective Order, and
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17 agree on the record that they are bound by the terms of the Protective Order and are
18 required not to disclose information contained in the materials designated as “Highly
19 Confidential”;
20 (vi) Deposition and court reporters and their support personnel, for purposes of
21 preparing transcripts;
22 (vii) Employees of outside copying services and other vendors retained by counsel
23 to assist in the copying, imaging, handling, or computerization of documents, but only to
24 the extent necessary to provide those services for the Litigation and only after being
25 informed of the provisions of this Protective Order and agreeing to abide by its terms;
26 (viii) Mediators or other Alternative Dispute Resolution neutrals (including their
27 employees, agents, and contractors) to whom disclosure is reasonably necessary to their
28 involvement in the Litigation;
TAYLOR &
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PATCHEN. LLP
STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL
INFORMATION: CASE NO. 16-CIV—01769
(ix) Any person who created a document or was the recipient of it; and
(x) Mockjury participants, provided that, prior to the disclosure of Highly
Confidential Information to any mockjury participant, counsel for the Party making the disclosure
shall deliver a copy of this Stipulation and Protective Order to that person, shall explain that that
person is bound to follow the terms of the Order, and shall secure the signature of that person on a
statement in the form attached here as Exhibit A.(e) Each person to whom “Highly Confidential”
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materials are disclosed (other than persons described in paragraphs 4(d)(i), (vi), and (vii)) shall
execute a nondisclosure agreement in the form attached here as Exhibit A prior to their receipt of
the Highly Confidential materials and shall agree to be bound by this Protective Order and to be
10 subject to the jurisdiction of this Court for the purposes of enforcement, except that individuals
11 identified in paragraphs 4(d)(ii) and (iii) shall not be required to execute such an agreement,
12 provided that counsel making disclosure to such individuals advise them of the terms of the
13 Protective Order and they agree to be bound by it. Counsel disclosing “Highly Confidential”
14 materials to persons required to execute nondisclosure agreements shall retain all such executed
15 agreements. Copies of the executed agreements preserved by counsel shall be provided to the
16 opposing party if the Court so orders upon a showing of good cause.
17 5. USE IN COURT PROCEEDINGS FILING OF COURT PAPERS
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18 (a) Nothing contained in this Protective Order shall be construed to prejudice any Party’s
19 right to use at trial or in any hearing before the Court any Confidential Information or Highly
2o Confidential Information, provided that reasonable notice of the intended use of that material shall
21 be given to all counsel of record in order to enable the Parties to an‘ange for appropriate
22 safeguards, and provided that the rules applicable to sealing records, as further addressed below,
23 are followed. Likewise, nothing in this Protective Order shall be dispositive of any issues of
24 relevance, discoverability, or admissibility.
25 (b) The submission to the Court in this Litigation of any materials with a Confidentiality
26 Designation pursuant to this Protective Order must comply with California Rules of Court
27 (“CRC”) 2.550, 2.551, and 8.46 to the extent applicable. If the materials are required to be kept
28 confidential by law or are submitted in connection with discovery motions or proceedings, no
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TAYLOR &
PATCHEN, LLP
STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL
INFORMATION: CASE NO. 16-CIV-01769
court order is required. (CRC 2.550(a)(2) and (3).) However, if the materials are submitted for
10 use at trial or as the basis for adjudication of matters other than discovery motions or proceedings,
a court order sealing the materials is required and may. only be obtained by careful compliance
.b.
with the procedures set forth in CRC 2.551. The Parties understand that failure to comply with the
procedural requirements of CRC 2.551 or failure to present evidence sufficient to support the
findings set forth in CRC 2.550(d) may result in the placement of “Confidential” or “Highly
Confidential” materials in the public file. The Parties further understand that no sealing order will
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be issued solely on the basis of the existence and applicability of this Protective Order. (CRC
2.551(a).)
6. MODIFICATION
Nothing in this Protective Order shall preclude any Party from applying to the Court to
12 modify this Protective Order to provide for additional safeguards to ensure the confidentiality of
13 materials produced in the Litigation or otherwise modify this Protective Order for good cause
14 shown.
15 7. DISPOSITION OF MATERIALS AT CONCLUSION OF CASE
16 All materials designated as “Confidential” or “Highly Confidential” shall remain in the
17 possession of the counsel of record of the Party to whom such materials are produced, and they
18 shall not permit any such materials to leave their possession, except that copies of the materials
19 may be made for the use of persons to whom disclosure may be made under paragraphs 4(b) or
20 4(d) of this Protective Order, or for the purpose of submission to the Court under paragraph 5 of
21 this Protective Order. Within sixty (60) days after this Litigation is concluded, including the
22 expiration or exhaustion of all rights to appeal, each Party to whom “Confidential” or “Highly
23 Confidential” materials were produced shall, at the election of the Party receiving the materials,
24 (a) return to the Producing Party all documents and copies containing “Confidential” or “Highly
25 Confidential” designations (including but not limited to copies in the possession or control of any
26 expert or employee), or (b) promptly destroy all such materials and copies and provide a written
27 certification under oath to the Producing Party and to any Designating Party to that effect.
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TAYLOR &
PATCHEN, LLP
STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL
INF ORMATION: CASE NO. l6—ClV-01769
8. RETENTION OF JURISDICTION
The Court shall retain jurisdiction over all persons to be bound by the terms of this
Protective Order during the pendency of the Litigation and for such time thereafter as is needed to
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carry out its terms.
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DatedzAugélQ—7, 2017 0/1 H? U
JUDGE OF TEE SAN MATEO SUPERIOR COURT
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TAYLOR &
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STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL
INFORMATION: CASE NO. 16-CIV—01769
EXHIBIT A
CERTIFICATION RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION
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I hereby acknowledge that I, [NAME],
[POSITION AND EMPLOYER], am about to
receive Confidential or Highly Confidential Information supplied in connection with the
Litigation, (1 6—CIV—01769). I certify that I understand that the Confidential or Highly
Confidential Information is provided to me subject to the terms and restrictions of the Stipulation
for Protective Order Re: Confidential and Highly Confidential Information (“Protective Order”)
filed in this Litigation. I have been given a copy of the Stipulation for Protective Order Re:
10 Confidential Information Protective Order; I have read it, and I agree to be bound by its terms. I
ll understand that Confidential and Highly Confidential Information, as defined in the Stipulation for
12 Protective Order Re: Confidential Information Protective Order, including any notes or other
13 records that may be made regarding any such materials, shall not be disclosed to anyone except as
14 expressly permitted by the Stipulation for Protective Order Re: Confidential Information
15 Protective Order. I will not copy or use, except solely for the purposes of this Litigation, any
16 Confidential or Highly Confidential Information obtained pursuant to this Protective Order, except
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17 as provided therein or otherwise ordered by the Court in the Litigation.
18 I further understand that I am to retain all copies of all Confidential and Highly
19 Confidential Information provided to me in the Litigation in a secure manner, and that all copies
20 of such Confidential and Highly Confidential Information are to remain in my personal custody
21 until termination of my participation in this Litigation, whereupon the copies of such Confidential
22 or Highly Confidential
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JONATHAN A. PATCHEN (SBN 237346) CHERYL A. CAULEY (SBN 252262) HERE SANMATEO COUNTY MAX BABA TWINE (SBN 296128) TAYLOR & PATCHEN, LLP One Ferry Building, Suite 355 San Francisco, California 94111 Telephone: (415) 788-8200 Facsimile: (415) 788—8208 E-mail: jpatchen@taylorpatchen.com E—mail: ccauley@taylorpatchen.com E—mail: mtwine@taylorpatchen.com \IO’\ Attorneys for Plaintiff GUIDEWIRE SOFTWARE, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 ' 12 GUIDEWIRE SOFTWARE, INC., Case No.: I6-CIV—01769 13 Plaintiff, NOTICE OF ENTRY OF ORDER 14 v. Trial Date: June 11, 2018 15 JAY GALLUZZO, and DOES I through 20, inclusive, 16‘ Defendants. 17 18 19 20 21 22 23 24 {—— 16—CIV—01769 l I NOEO 1 Notice of Entry of Order 25 26 lllllllllllllllllllllllllll, ____ { \ffl» -__ 27 28 TAYLOR & PATCHEN, LLP NOTICE OF ENTRY OF ORDER: CASE NO. 16-CIV-01769 TO ALL PARTIES TO THIS ACTION AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on Thursday, September 7, 2017, the Court entered an Order granting the Parties’ Stipulation for Protective Order regarding Confidential and Highly Confidential Information. A true and correct copy of the Court’s order is attached hereto as Exhibit A. \DOONQUILUJNr—I W Dated: September 25, 2017 TAYLOR & PATCHEN, LLP By: V Max Baba TWine Attorneys for Plaintiff GUIDEWIRE SOFTWARE, INC. NNNNNNNNNt—AHHHHHHHHH mflONM-PMNHOKDOOQONMAUJNHO TAYLOR & 2 PATCHEN, LLP NOTICE OF ENTRY OF ORDER: CASE NO. 16-CIV-01769 CERTIFICATE OF SERVICE At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of San Francisco, State of California. My business address is One Ferry UIAUJN Building, Suite 355, San Francisco, California 94111. On September 25, 2017, I served true and correct copies of the NOTICE OF ENTRY OF ORDER on the interested parties in this action as follows: Mr. Taylor C. Foss Mr. Robert D. Estrin Mr. Todd H. Stitt Michelman & Robinson, LLP 17901 Von Kannan Avenue, 10th Floor 10 Irvine, CA 92614 Telephone: (714) 557-7990 11 Email: tfoSs@mrllp.com Email: restrin@mrllp.com 12 Email: tstitt@mrllp.com 13 Attorneys for Defendant Joseph Galluzzo 14 and Non-Party One, Inc. 15 BY E-MAIL 0R ELECTRONIC TRANSMISSION: Based on an agreement of the parties to 16 accept service by e—mail or electronic transmission, I caused the documents to be sent from e-mail 17 address schow@tavlorpatchen.com to the persons at the e-mail addresses listed above. I did not l8 receive, within a reasonable time after the transmission, any electronic message or other indication 19 that the transmission was unsuccessful. 20 I declare under penalty of perjury, under the laws of the State of California, that the 21 foregoing is true and correct. Executed this 25th day of September, 2017, at San Francisco, 22 California. 23 1a 24 LStefanie E. Chow 25 26 27 28 TAYLOR & 3 PATCHEN, LLP NOTICE OF ENTRY OF ORDER: CASE NO. l6-CIV—01769 EXHIBIT A JONATHAN A. PATCHEN (SBN 237346) CHERYL A. CAULEY (SBN 252262) MAX BABA TWINE (SBN 296128) TAYLOR & PATCHEN, LLP FILED ”5° SANM COUNTY QWN One Feny Building, Suite 355 San Francisco, California 94111 __ Telephone: (415) 788-8200 SEP 7 2017 Facsimile: (415) 788—8208 ‘ Bflerk 0f th _ E—mail: jpatchen@tay10rpatchen.com fiupenor Court E-mail: ccauley@taylorpatchen.com DEP CLERK E—mail: mtwine@taylorpatchen.com Attorneys for Plaintiff GUIDEWIRE SOFTWARE, INC. KOOOQ SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 12 GUIDEWIRE SOFTWARE, INC., Case No.: 16-CIV-01769 . 13 Plaintiff, STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND 14 v. HIGHLY CONFIDENTIAL INFORMATION 15 JAY GALLUZZO, and DOES 1 through 20, inclusive, Trial Date: June 11, 2018 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 TAYLOR & PATCHEN, LLP STIPULATI ON FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION: CASE NO. 16-CIV—01769 . TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: WHEREAS the parties in the action pending in the Superior Court of California, County of San Mateo, entitled-Guidewire Sofiware, Inc. v. Jay Galluzzo, et 01., Case No. 16—CIV—01769 (“the Litigation”), anticipate that during the course of the Litigation documents and/or information of a coexioxmhwto.‘ sensitive, private, and confidential nature may be produced in the course of discovery or otherwise disclosed or provided, and the parties wish to protect the confidentiality of such documents or information while ensuring that discovery may be pursued with a minimum of delay and expense. THEREFORE the following parties, Guidewire Sofiware, Inc. and Jay Galluzzo (,“Party” or “Parties”) hereby stipulate and agree to the proposed Protective Order Re: Confidential and Highly Confidential Information (“Protective Order”) attached hereto as Exhibit “1,” subject to Court approval. Dated: August :1; 2017 TAYLOR & PATCHEN, LLP MNHHHHb—‘I—ID—ID—II—ir—d H'D‘OWNQUI-fisWNi—‘O . (-A f fib/Iéfifllfifi A. Patchen ‘meys for Plaintiff GUIDEWIRE SOFTWARE, INC. Dated: Augustfl 2017 MICHELMAN & ROBINSON, LLP By: W at Robert D. Estrin Ix) N Attorneys for Defendant JAY GALLUZZO . I" "ll" NNNN 2 TAYLOR 6v. PATCHEN. LLP STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION: CASE NO. 16-CIV-01769 EXHIBIT 1 JONATHAN A. PATCHEN (SBN 237346) CHERYL A. CAULEY (SBN 252262) MAX BABA TWINE (SBN 296128) TAYLOR & PATCHEN, LLP One Ferry Building, Suite 355 San Francisco, California 94111 Telephone: (415) 788-8200 Facsimile: (415) 788—8208 E—mail: j patchen @taylorpatchen.com E-mail: ccauley@taylorpatchen.com E—mail: mtwine@taylorpatchen.com Attorneys for Plaintiff GUIDEWIRE SOFTWARE, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 12 GUIDEWIRE SOFTWARE, INC., Case No.: 16—CIV—01769 13 Plaintiff, . PROTECTIVE ORDER RE: 14 CONFIDENTIAL AND HIGHLY v. CONFIDENTIAL INFORMATION 15 JAY GALLUZZO, and DOES 1 through 20, Trial Date: June 11, 2018 16 inclusive, 17 Defendants. 18 19 2o 21 22 23 24 25 26 27 28 3 TAYLOR & PATCHEN, LLP STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION: CASE NO. 16-CIV-01769 WHEREAS the parties in the action pending in the Superior Court of California, County of San Mateo, entitled Guidewire Software, Inc. v. Jay Galluzzo, et (11., Case No. 16—CIV—01769 (“the Litigation”), Guidewire Software and Jay Galluzzo (“Party or Parties”), have entered into a 4; Stipulation for Protective Order re: Confidential and Highly Confidential Information (“Protective Order”), and good cause appearing therefore, the Court HEREBY ORDERS AS FOLLOWS: 1. SCOPE OF PROTECTIVE ORDER OKOOONQLII (a) The protection of this Protective Order may be invoked with respect to any documents, testimony, information, and things (collectively “materials”) produced or created in this action that contain Confidential Information or Highly Confidential Information. As used herein, the term “Confidential Information” includes testimony and records, including but not limited to discovery responses, whether hard—copy or electronic, that contain confidential and/or proprietary trade 12 secret information, including but not limited to technical and competitively sensitive information 13 protected by law and information protected by California’s constitution and common law right to 14 privacy. As used herein, the term “Highly Confidential Information” includes testimony and 15 records, including but not limited to discovery responses, whether hard—copy or electronic, that 16 contain highly sensitive confidential and/or proprietary trade secret information, including but not . 17 limited to highly sensitive confidential business or financial information. As set forth below, 18 materials containing Confidential Information or Highly Confidential Information may be 19 designated as “Confidential” or “Highly Confidential” as appropriate (“Confidentiality 20 Designations”). Such Confidentiality Designations may be made by any Party or nonparty 21 producing materials in the Litigation (“Producing Party”) or by a Party who determines, in good 22 faith, that materials produced by a non—party contain “Confidential” or “Highly Confidential” 23 information (“Designating Party”) even though not so designated by the Producing Party. 24 (b) In the event that additional partiesjoin or arejoined in this Litigation, they shall not 25 have access to materials designated as “Confidential” or “Highly Confidential” pursuant to this 2'6 Protective Order until they have executed and, at the request of any Party, filed with the Court 27 their agreement to be bound by this Protective Order. 28 2. DESIGNATION OF MATERIALS AS CONFIDENTIAL 4 TAYLOR & PATCHEN, LLP STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION: CASE NO. 16—CIV—Ol 769 (a) “Confidential” materials shall include only such information as the Producing or Designating Party in good faith contends should be protected pursuant to this Protective Order on the grounds that the information is properly subject to protection under existing California or federal law. (b) “Highly Confidential” materials shall include only such information as the Producing or Designating Party in good faith contends should be protected pursuant to this Protective Order on the grounds that the information is highly sensitive and properly subject to protection under existing California or federal law. (0) In designating materials pursuant to this Protective Order, the Producing or Designating Party shall give due consideration to whether the information in the materials: (I) has been produced, disclosed, or made available to the public in the past; (2) has been published, communicated, or disseminated to others not obligated to maintain the confidentiality of the information contained therein; (3) has not been preserved or maintained in a manner calculated to preserve its confidentiality; or (4) is available from a third party or commercial source that is not obligated to maintain its confidentiality or privacy. The Producing or Designating Party shall also . I give due consideration to the age of the materials. (d) The protection of this Protective Order may be invoked with respect to materials in the following manner: (i) Documents when produced or otherwise designated shall bear the clear and legible Confidentiality Designation on each page of the document, except that in the case of multi—page documents bound together by staple or other permanent binding, the Confidentiality Designation legend need only be affixed to the first page in order for the entire document to be treated as “Confidential” or “Highly Confidential.” Documents produced prior to the entry of this Protective Order may be designated as “Confidential” or “Highly Confidential” within thirty (30) days after entry, and documents produced by non- parties may be designated as “Confidential” or “Highly Confidential” by a Paity within thirty (30) days after such production. (ii) As to discovery requests or responses, the pages of those requests or responses 5 TAYLOR & PATCH EN, LLP STIPULA’I'ION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION: CASE NO. l6—CIV—Ol769 containing “Confidential” or “Highly Confidential” materials shall be so marked, and the first page of the requests or responses shall bear a legend substantially stating that “This b.) Document Contains ‘Confidential’ Material” or “This Document Contains ‘Highly Confidential’ Material,” as appropriate; (iii) As to deposition testimony, “Confidential” or “Highly Confidential” treatment may be invoked by: (1) declaring the same on the record at the deposition with instructions \ION to so designate the cover of the deposition transcript; or (2) designating specific pages as “Confidential” or “Highly Confidential” and serving such designations within thirty (30) days of receipt of the transcript of the deposition in which the designations are made. All 10 deposition testimony shall be treated as “Confidential” or “Highly Confidential” pending 11 receipt of a transcript of the deposition. I2 (6) If any Producing Party inadvertently produces or discloses any “Confidential” or 13 “Highly Confidential” information without marking it with an appropriate legend, the Producing 14 Party or a Designating Party shall promptly notify the receiving party that the information should 15 be treated in accordance with the terms of this Protective Order, and shall forward appropriately 16 stamped copies of the items in question. Within five (5) days of the receipt of substitute copies, I I7 the receiving party shall return the previously unmarked items and all copies. The inadvertent 13 disclosure shall not be deemed a waiver of confidentiality, and such designation shall be made as 19 soon as possible afier the discovery of the inadvertent production or disclosure. 20 3. CHALLENGES TO CONFIDENTIALITY DESIGNATION 21 (a) Any Party believing material designated as “Confidential” or “Highly Confidential” by 22 another is not entitled to such designation shall so notify the Producing or Designating Party in 23 writing, provide a brief statement of the basis for that belief with service on all other Parties, and 24 allow ten (10) days for the Producing or Designating Party to respond. 25 (b) If a Producing or Designating Party does not modify its designation of the materials in 26' response to a notice pursuant to paragraph 3(a) of this Protective Order, then the Party challenging ' 27 the Confidentiality Designation may move the Court for an order modifying or removing such 28 designation. To maintain “Confidential” or “Highly Confidential” status, the burden shall be on 6 TAYLOR & PATCHEN, LLP . STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION: CASE NO. IG-CIV—01769 the proponent of confidentiality to show that the material or information is entitled to protection under applicable law. Until a Confidentiality Designation is voluntarily withdrawn by the U.) Producing or Designating Party, or the court issues an order modifying or removing such designation, the provisions of the Protective Order shall continue to apply. (/1 4. DISCLOSURE OF MATERIALS WITH A CONFIDENTIALITY DESIGNATION (a) Materials with a Confidentiality Designation as well as summaries, excerpts, and extracts of them, shall not be disclosed or made accessible to any person except as specifically \DOOQQ permitted by this Protective Order. Materials with a Confidentiality Designation shall be used solely in the preparation for trial and/or trial of the Litigation, and shall not be used at any time for 10 any other purpose. 11 (b) Materials designated as “Confidential” may be disclosed only to: 12 (i) The court, its clerks, and research attorneys; 13 (ii) Attorneys actively involved in the representation of a Party, their secretaries, 14 paralegals, legal assistants, and other staff actively involved in assisting in the Litigation; 15 (iii) In—house attorneys employed by any Party and working on the Litigation, and 16 their secretaries, paralegals, legal assistants, and other staff actively involved in assisting in . ' 17 the Litigation; 18 (iv) The Parties, potential or actual class members, and officers and employees of 19 the Parties assisting counsel in the preparation of the case for trial, motion practice, or 2o appellate proceedings, provided that the materials designated “Confidential” may be 21 disclosed to such persons only to the extent disclosure is, in the judgment of counsel, 22 reasonably necessary to counsel’s preparation of the case; 23 (v) Any expert or consultant who is retained by any of the Parties or their counsel 24 of record to assist counsel in the Litigation, and any employee of such an expert assisting 25 in the Litigation (“Experts”); 26 (vi) Any person called to testify as a witness either at a deposition or court 27 proceeding in the Litigation, but only to the extent necessary for the purpose of assisting in 28 the preparation or examination of the witness, and also only if such persons are informed TAYLOR & 7 ‘ PATCHEN, LLP STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION: CASE NO. I6-CIV-01769 of the terms of this Protective Order, provided with a copy of the Protective Order, and agree on the record that they are bound by the terms of the Protective Order and are required not to disclose information contained in the materials designated as “Confidential”; (vii) Deposition and court reporters and their support personnel, for purposes of preparing transcripts; (viii) Employees of outside copying services and other vendors retained by'counsel to assist in the copying, imaging, handling, or computerization of documents, but only to the extent necessary to provide those services for the Litigation and only after being informed of the provisions of this Protective Order and agreeing to abide by its terms; (ix) Mediators or other Alternative Dispute Resolution neutrals (including their employees, agents, and contractors) to whom disclosure is reasonably necessary to their involvement in the Litigation; (x) Any person who created a document or was the recipient of it; and (xi) Mock jury participants, provided that, prior to the disclosure of Confidential Information to any mock jury participant, counsel for the Party making the disclosure shall deliver a copy of this Stipulation and Protective Order to that person, shall explain that that person is bound to follow the terms of the Order, and shall secure the signature of that person on a statement in the form attached here as Exhibit A. (0) Each person to whom “Confidential” materials are disclosed (other than persons described in paragraphs 4(b)(i), (vii), and (viii)) shall execute a nondisclosure agreement in the form attached here as Exhibit A prior to their receipt of the Confidential materials and shall agree to be bound by this Protective Order and to be subject to the jurisdiction of this Court for the purposes of enforcement, except that individuals identified in paragraphs 4(b)(ii) and (iii) shall not be required to execute such an agreement, provided that counsel making disclosure to such individuals advise them of the terms of the Protective Order and they agree to be bound by it. Counsel disclosing “Confidential”materials to persons required to execute nondisclosure agreements shall retain all such executed agreements. Copies of the executed agreements 8 TAYLOR & PATCHEN, LLP STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION: CASE NO. l6—CIV-01769 preserved by counsel shall be provided to the opposing party ifthe Court so orders upon a showing ofgood cause. (d) Materials designated as “Highly Confidential” may be disclosed only to: A (i) The court, its clerks, and research attorneys; (ii) Attorneys actively involved in the representation of a Party, their secretaries, paralegals, legal assistants, and other staff actively involved in assisting in the Litigation; (iii) One (1) in-house attorney employed by a given Party and working on the OKOOOQOUI Litigation, and their secretaries, paralegals, legal assistants, and other staff actively involved in assisting in the Litigation; (iv) Any expert or consultant who is retained by any of the Parties or their counsel of record to assist counsel in the Litigation and any employee of such an expert assisting in 12 the Litigation (“Experts”); 13 (v) Any person called to testify as a witness either at a deposition or court 14 proceeding in the Litigation, but only to the extent necessary for the purpose of assisting in 15 the preparation or examination of the witness, and also only if such persons are informed 16 of the terms of this Protective Order, provided with a copy of the Protective Order, and I 17 agree on the record that they are bound by the terms of the Protective Order and are 18 required not to disclose information contained in the materials designated as “Highly 19 Confidential”; 20 (vi) Deposition and court reporters and their support personnel, for purposes of 21 preparing transcripts; 22 (vii) Employees of outside copying services and other vendors retained by counsel 23 to assist in the copying, imaging, handling, or computerization of documents, but only to 24 the extent necessary to provide those services for the Litigation and only after being 25 informed of the provisions of this Protective Order and agreeing to abide by its terms; 26 (viii) Mediators or other Alternative Dispute Resolution neutrals (including their 27 employees, agents, and contractors) to whom disclosure is reasonably necessary to their 28 involvement in the Litigation; TAYLOR & 9 PATCHEN. LLP STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION: CASE NO. 16-CIV—01769 (ix) Any person who created a document or was the recipient of it; and (x) Mockjury participants, provided that, prior to the disclosure of Highly Confidential Information to any mockjury participant, counsel for the Party making the disclosure shall deliver a copy of this Stipulation and Protective Order to that person, shall explain that that person is bound to follow the terms of the Order, and shall secure the signature of that person on a statement in the form attached here as Exhibit A.(e) Each person to whom “Highly Confidential” \OOO\IO\UIJ> materials are disclosed (other than persons described in paragraphs 4(d)(i), (vi), and (vii)) shall execute a nondisclosure agreement in the form attached here as Exhibit A prior to their receipt of the Highly Confidential materials and shall agree to be bound by this Protective Order and to be 10 subject to the jurisdiction of this Court for the purposes of enforcement, except that individuals 11 identified in paragraphs 4(d)(ii) and (iii) shall not be required to execute such an agreement, 12 provided that counsel making disclosure to such individuals advise them of the terms of the 13 Protective Order and they agree to be bound by it. Counsel disclosing “Highly Confidential” 14 materials to persons required to execute nondisclosure agreements shall retain all such executed 15 agreements. Copies of the executed agreements preserved by counsel shall be provided to the 16 opposing party if the Court so orders upon a showing of good cause. 17 5. USE IN COURT PROCEEDINGS FILING OF COURT PAPERS — 18 (a) Nothing contained in this Protective Order shall be construed to prejudice any Party’s 19 right to use at trial or in any hearing before the Court any Confidential Information or Highly 2o Confidential Information, provided that reasonable notice of the intended use of that material shall 21 be given to all counsel of record in order to enable the Parties to an‘ange for appropriate 22 safeguards, and provided that the rules applicable to sealing records, as further addressed below, 23 are followed. Likewise, nothing in this Protective Order shall be dispositive of any issues of 24 relevance, discoverability, or admissibility. 25 (b) The submission to the Court in this Litigation of any materials with a Confidentiality 26 Designation pursuant to this Protective Order must comply with California Rules of Court 27 (“CRC”) 2.550, 2.551, and 8.46 to the extent applicable. If the materials are required to be kept 28 confidential by law or are submitted in connection with discovery motions or proceedings, no 10. TAYLOR & PATCHEN, LLP STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION: CASE NO. 16-CIV-01769 court order is required. (CRC 2.550(a)(2) and (3).) However, if the materials are submitted for 10 use at trial or as the basis for adjudication of matters other than discovery motions or proceedings, a court order sealing the materials is required and may. only be obtained by careful compliance .b. with the procedures set forth in CRC 2.551. The Parties understand that failure to comply with the procedural requirements of CRC 2.551 or failure to present evidence sufficient to support the findings set forth in CRC 2.550(d) may result in the placement of “Confidential” or “Highly Confidential” materials in the public file. The Parties further understand that no sealing order will OOOOQO‘xL/I be issued solely on the basis of the existence and applicability of this Protective Order. (CRC 2.551(a).) 6. MODIFICATION Nothing in this Protective Order shall preclude any Party from applying to the Court to 12 modify this Protective Order to provide for additional safeguards to ensure the confidentiality of 13 materials produced in the Litigation or otherwise modify this Protective Order for good cause 14 shown. 15 7. DISPOSITION OF MATERIALS AT CONCLUSION OF CASE 16 All materials designated as “Confidential” or “Highly Confidential” shall remain in the 17 possession of the counsel of record of the Party to whom such materials are produced, and they 18 shall not permit any such materials to leave their possession, except that copies of the materials 19 may be made for the use of persons to whom disclosure may be made under paragraphs 4(b) or 20 4(d) of this Protective Order, or for the purpose of submission to the Court under paragraph 5 of 21 this Protective Order. Within sixty (60) days after this Litigation is concluded, including the 22 expiration or exhaustion of all rights to appeal, each Party to whom “Confidential” or “Highly 23 Confidential” materials were produced shall, at the election of the Party receiving the materials, 24 (a) return to the Producing Party all documents and copies containing “Confidential” or “Highly 25 Confidential” designations (including but not limited to copies in the possession or control of any 26 expert or employee), or (b) promptly destroy all such materials and copies and provide a written 27 certification under oath to the Producing Party and to any Designating Party to that effect. 28 11. TAYLOR & PATCHEN, LLP STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL INF ORMATION: CASE NO. l6—ClV-01769 8. RETENTION OF JURISDICTION The Court shall retain jurisdiction over all persons to be bound by the terms of this Protective Order during the pendency of the Litigation and for such time thereafter as is needed to W LII-IAUJN carry out its terms. , \OOO\IO\ / + DatedzAugélQ—7, 2017 0/1 H? U JUDGE OF TEE SAN MATEO SUPERIOR COURT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. TAYLOR & PATCHEN, LLI’ STIPULATION FOR PROTECTIVE ORDER RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION: CASE NO. 16-CIV—01769 EXHIBIT A CERTIFICATION RE: CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION - I hereby acknowledge that I, [NAME], [POSITION AND EMPLOYER], am about to receive Confidential or Highly Confidential Information supplied in connection with the Litigation, (1 6—CIV—01769). I certify that I understand that the Confidential or Highly Confidential Information is provided to me subject to the terms and restrictions of the Stipulation for Protective Order Re: Confidential and Highly Confidential Information (“Protective Order”) filed in this Litigation. I have been given a copy of the Stipulation for Protective Order Re: 10 Confidential Information Protective Order; I have read it, and I agree to be bound by its terms. I ll understand that Confidential and Highly Confidential Information, as defined in the Stipulation for 12 Protective Order Re: Confidential Information Protective Order, including any notes or other 13 records that may be made regarding any such materials, shall not be disclosed to anyone except as 14 expressly permitted by the Stipulation for Protective Order Re: Confidential Information 15 Protective Order. I will not copy or use, except solely for the purposes of this Litigation, any 16 Confidential or Highly Confidential Information obtained pursuant to this Protective Order, except ' 17 as provided therein or otherwise ordered by the Court in the Litigation. 18 I further understand that I am to retain all copies of all Confidential and Highly 19 Confidential Information provided to me in the Litigation in a secure manner, and that all copies 20 of such Confidential and Highly Confidential Information are to remain in my personal custody 21 until termination of my participation in this Litigation, whereupon the copies of such Confidential 22 or Highly Confidential