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STIPULATED PROTECTIVE ORDER CV-09-1314 JSW 

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DANIEL L. WARSHAW (SBN 185365) 

(dwarshaw@pswplaw.com) 

PEARSON, SIMON, WARSHAW & PENNY, LLP 

15165 Ventura Boulevard, Suite 400 

Sherman Oaks, California 91403 

Telephone: (818) 788-8300 

Facsimile: (818) 788-8104 

MICHAEL P. LEHMANN (Bar No. 77152) 

(mlehmann@hausfeldllp.com) 

HAUSFELD, LLP 

44 Montgomery Street, Suite 3400 

San Francisco, CA 94104 

Telephone: (415) 633-1908 

Facsimile: (415) 358-4980 

Attorneys for Plaintiffs and the Proposed Class, additional counsel listed on signature page 

CHAD A. STEGEMAN (SBN 225745) 

(cstegeman@akingump.com) 

AKIN GUMP STRAUSS HAUER & FELD LLP 

580 California Street, Suite 1500 

San Francisco, California 94104 

Telephone: (415) 765-9500 

Facsimile: (415) 765-9501 

JAMES J. SCHESKE (admitted pro hac vice) 

(jscheske@akingump.com) 

AKIN GUMP STRAUSS HAUER & FELD LLP 

5300 West 6th Street, Suite 2100 

Austin, Texas 78701 

Telephone: (512) 499-6200 

Facsimile: (512) 499-6290 

Attorneys for Defendant Acer America Corporation 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

LORA and CLAY WOLPH, on behalf of 

themselves and all others similarly situated, 

Plaintiffs, 

v. 

ACER AMERICA CORPORATION, a 

California corporation, 

Defendant. 

 Case No. CV 09 1314 JSW 

CLASS ACTION 

STIPULATED PROTECTIVE ORDER 

[Complaint Filed: March 25, 2009] 

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STIPULATED PROTECTIVE ORDER CV-09-1314 JSW 

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1. PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve production of confidential, 

proprietary, or private information for which special protection from public disclosure and from use for 

any purpose other than prosecuting this litigation would be warranted. Accordingly, the parties hereby 

stipulate to and petition the court to enter the following Stipulated Protective Order. The parties 

acknowledge that this Order does not confer blanket protections on all disclosures or responses to 

discovery and that the protection it affords extends only to the limited information or items that are 

entitled under the applicable legal principles to treatment as confidential. The parties further 

acknowledge, as set forth in Section 10, below, that this Stipulated Protective Order creates no 

entitlement to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 

that must be followed and reflects the standards that will be applied when a party seeks permission 

from the court to file material under seal. 

2. DEFINITIONS

2.1 Party: any party to this action, including all of its officers, directors, employees, 

consultants, retained experts, and outside counsel (and their support staff). 

2.2 Disclosure or Discovery Material: all items or information, regardless of the 

medium or manner generated, stored, or maintained (including, among other things, testimony, 

transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery 

in this matter. 

2.3 “Confidential” Information or Items: information (regardless of how generated, 

stored or maintained) or tangible things that qualify for protection under standards developed under 

F.R.Civ.P. 26(c). 

2.5 Receiving Party: a Party that receives Disclosure or Discovery Material from a 

Producing Party. 

2.6 Producing Party: a Party or non-party that produces Disclosure or Discovery 

Material in this action. 

2.7. Designating Party: a Party or non-party that designates information or items 

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that it produces in disclosures or in responses to discovery as “Confidential.” 

2.8 Protected Material: any Disclosure or Discovery Material that is designated as 

“Confidential.” 

2.9. Outside Counsel: attorneys who are not employees of a Party but who are 

retained to represent or advise a Party in this action. 

2.10 House Counsel: attorneys who are employees of a Party. 

2.11 Counsel (without qualifier): Outside Counsel and House Counsel (as well as 

their support staffs). 

2.12 Expert: a person with specialized knowledge or experience in a matter 

pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert 

witness or as a consultant in this action and who is not a past or a current employee of a Party or of 

a competitor of a Party’s and who, at the time of retention, is not anticipated to become an 

employee of a Party or a competitor of a Party’s. This definition includes a professional jury or trial 

consultant retained in connection with this litigation. 

2.13 Professional Vendors: persons or entities that provide litigation support 

services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; 

organizing, storing, retrieving data in any form or medium; etc.) and their employees and 

subcontractors. 

3. SCOPE

 The protections conferred by this Stipulation and Order cover not only Protected Material (as 

defined above), but also any information copied or extracted therefrom, as well as all copies, 

excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by 

parties or counsel to or in court or in other settings that might reveal Protected Material. 

4. DURATION

 Even after the termination of this litigation, the confidentiality obligations imposed by this 

Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 

otherwise directs. 

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5. DESIGNATING PROTECTED MATERIAL

5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 

Party or non-party that designates information or items for protection under this Order must take care 

to limit any such designation to specific material that qualifies under the appropriate standards. A 

Designating Party must take care to designate for protection only those parts of material, documents, 

items, or oral or written communications that qualify – so that other portions of the material, 

documents, items, or communications for which protection is not warranted are not swept 

unjustifiably within the ambit of this Order. 

Mass, indiscriminate, or routinized designations are prohibited. Designations that are 

shown to be clearly unjustified, or that have been made for an improper purpose (e.g., to 

unnecessarily encumber or retard the case development process, or to impose unnecessary expenses 

and burdens on other parties), expose the Designating Party to sanctions. 

If it comes to a Party’s or a non-party’s attention that information or items that it 

designated for protection do not qualify for protection at all, or do not qualify for the level of 

protection initially asserted, that Party or non-party must promptly notify all other parties that it is 

withdrawing the mistaken designation. 

5.2 Manner and Timing of Designations. Except as otherwise provided in this 

Order (see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or ordered, 

material that qualifies for protection under this Order must be clearly so designated before the 

material is disclosed or produced. 

Designation in conformity with this Order requires: 

(a) for information in documentary form (apart from transcripts of depositions 

or other pretrial or trial proceedings), that the Producing Party affix the legend “CONFIDENTIAL” 

at the top or bottom of each page that contains protected material. If only a portion or portions of 

the material on a page qualifies for protection, the Producing Party also must clearly identify the 

protected portion(s) (e.g., by making appropriate markings in the margins). 

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A Party or non-party that makes original documents or materials available for 

inspection need not designate them for protection until after the inspecting Party has indicated which 

material it would like copied and produced. During the inspection and before the designation, all of 

the material made available for inspection shall be deemed “ CONFIDENTIAL.” After the 

inspecting Party has identified the documents it wants copied and produced, the Producing Party 

must determine which documents, or portions thereof, qualify for protection under this Order, then, 

before producing the specified documents, the Producing Party must affix the appropriate legend 

(“CONFIDENTIAL”) at the top or bottom of each page that contains Protected Material. If only a 

portion or portions of the material on a page qualifies for protection, the Producing Party also must 

clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 

(b) for testimony given in deposition or in other pretrial or trial proceedings, 

that the Party or non-party offering or sponsoring the testimony identify on the record, before the 

close of the deposition, hearing, or other proceeding, all protected testimony, and further specify 

any portions of the testimony that qualify as “CONFIDENTIAL.” When it is impractical to identify 

separately each portion of testimony that is entitled to protection, and when it appears that 

substantial portions of the testimony may qualify for protection, the Party or non-party that 

sponsors, offers, or gives the testimony may invoke on the record (before the deposition or 

proceeding is concluded) a right to have up to 20 days to identify the specific portions of the 

testimony as to which CONFIDENTIAL protection is sought. Only those portions of the testimony 

that are appropriately designated for protection within the 20 days shall be covered by the 

provisions of this Stipulated Protective Order. 

Transcript pages containing Protected Material must be separately bound by the 

court reporter, who must affix to the top of each such page the legend “CONFIDENTIAL” as 

instructed by the Party or non-party offering or sponsoring the witness or presenting the testimony. 

(c) for information produced in some form other than documentary, and for any 

other tangible items, that the Producing Party affix in a prominent place on the exterior of the 

container or containers in which the information or item is stored the legend “CONFIDENTIAL.” If 

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only portions of the information or item warrant protection, the Producing Party, to the extent 

practicable, shall identify the protected portions, specifying whether they qualify as 

“CONFIDENTIAL.” 

5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 

designate qualified information or items as “CONFIDENTIAL” does not, standing alone, waive the 

Designating Party’s right to secure protection under this Order for such material. If material is 

appropriately designated as “CONFIDENTIAL” after the material was initially produced, the 

Receiving Party, on timely notification of the designation, must make reasonable efforts to assure 

that the material is treated in accordance with the provisions of this Order. 

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.1 Timing of Challenges. Unless a prompt challenge to a Designating Party’s 

confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary 

economic burdens, or a later significant disruption or delay of the litigation, a Party does not waive 

its right to challenge a confidentiality designation by electing not to mount a challenge promptly 

after the original designation is disclosed. 

6.2 Meet and Confer. A Party that elects to initiate a challenge to a Designating 

Party’s confidentiality designation must do so in good faith and must begin the process by 

conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) 

with counsel for the Designating Party. In conferring, the challenging Party must explain the basis 

for its belief that the confidentiality designation was not proper and must give the Designating Party 

an opportunity to review the designated material, to reconsider the circumstances, and, if no change 

in designation is offered, to explain the basis for the chosen designation. A challenging Party may 

proceed to the next stage of the challenge process only if it has engaged in this meet and confer 

process first. 

6.3 Judicial Intervention. A Party that elects to press a challenge to a 

confidentiality designation after considering the justification offered by the Designating Party may 

file and serve a motion under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if 

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applicable) that identifies the challenged material and sets forth in detail the basis for the challenge. 

Each such motion must be accompanied by a competent declaration that affirms that the movant has 

complied with the meet and confer requirements imposed in the preceding paragraph and that sets 

forth with specificity the justification for the confidentiality designation that was given by the 

Designating Party in the meet and confer dialogue. 

The burden of persuasion in any such challenge proceeding shall be on the Designating 

Party. Until the court rules on the challenge, all parties shall continue to afford the material in 

question the level of protection to which it is entitled under the Producing Party’s designation. 

7. ACCESS TO AND USE OF PROTECTED MATERIAL

7.1 Basic Principles. A Receiving Party may use Protected Material that is 

disclosed or produced by another Party or by a non-party in connection with this case only for 

prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be 

disclosed only to the categories of persons and under the conditions described in this Order. When 

the litigation has been terminated, a Receiving Party must comply with the provisions of section 11, 

below (FINAL DISPOSITION). 

Protected Material must be stored and maintained by a Receiving Party at a location 

and in a secure manner that ensures that access is limited to the persons authorized under this Order. 

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 

ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 

disclose any information or item designated CONFIDENTIAL only to: 

(a) the Receiving Party’s Outside Counsel of record in this action, as well as 

employees of said Counsel to whom it is reasonably necessary to disclose the information for this 

litigation; 

(b) the officers, directors, and employees (including House Counsel) of the 

Receiving Party to whom disclosure is reasonably necessary for this litigation; 

(c) experts (as defined in this Order) of the Receiving Party to whom disclosure 

is reasonably necessary for this litigation and who have signed the “Agreement to Be Bound by 

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Protective Order” (Exhibit A); 

(d) the Court and its personnel; 

(e) court reporters, their staffs, and professional vendors to whom disclosure is 

reasonably necessary for this litigation and who have signed the “Agreement to Be Bound by 

Protective Order” (Exhibit A); 

(f) during their depositions, non-party witnesses in the action to whom 

disclosure is reasonably necessary and who have signed the “Agreement to Be Bound by Protective 

Order” (Exhibit A). Pages of transcribed deposition testimony or exhibits to depositions that reveal 

Protected Material must be separately bound by the court reporter and may not be disclosed to 

anyone except as permitted under this Stipulated Protective Order. 

(g) the author of the document or the original source of the information. 

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 

LITIGATION

 If a Receiving Party is served with a subpoena or an order issued in other litigation that would 

compel disclosure of any information or items designated in this action as “CONFIDENTIAL,” the 

Receiving Party must so notify the Designating Party, in writing (by fax, if possible) immediately 

and in no event more than three court days after receiving the subpoena or order. Such notification 

must include a copy of the subpoena or court order. 

 The Receiving Party also must immediately inform in writing the Party who caused the 

subpoena or order to issue in the other litigation that some or all the material covered by the 

subpoena or order is the subject of this Protective Order. In addition, the Receiving Party must 

deliver a copy of this Stipulated Protective Order promptly to the Party in the other action that 

caused the subpoena or order to issue. 

 The purpose of imposing these duties is to alert the interested parties to the existence of this 

Protective Order and to afford the Designating Party in this case an opportunity to try to protect its 

confidentiality interests in the court from which the subpoena or order issued. The Designating 

Party shall bear the burdens and the expenses of seeking protection in that court of its confidential 

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material – and nothing in these provisions should be construed as authorizing or encouraging a 

Receiving Party in this action to disobey a lawful directive from another court. 

9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 

Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 

the Receiving Party must immediately (a) notify in writing the Designating Party of the 

unauthorized disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, 

(c) inform the person or persons to whom unauthorized disclosures were made of all the terms of 

this Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement 

to Be Bound” that is attached hereto as Exhibit A. 

10. FILING PROTECTED MATERIAL 

Without written permission from the Designating Party or a court order secured after 

appropriate notice to all interested persons, a Party may not file in the public record in this action 

any Protected Material. A Party that seeks to file under seal any Protected Material must comply 

with Civil Local Rule 79-5. 

11. FINAL DISPOSITION 

Unless otherwise ordered or agreed in writing by the Producing Party, within sixty days after 

the final termination of this action, each Receiving Party must return all Protected Material to the 

Producing Party. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 

compilations, summaries or any other form of reproducing or capturing any of the Protected 

Material. With permission in writing from the Designating Party, the Receiving Party may destroy 

some or all of the Protected Material instead of returning it. Whether the Protected Material is 

returned or destroyed, the Receiving Party must submit a written certification to the Producing 

Party (and, if not the same person or entity, to the Designating Party) by the sixty day deadline that 

identifies (by category, where appropriate) all the Protected Material that was returned or destroyed 

and that affirms that the Receiving Party has not retained any copies, abstracts, compilations, 

summaries or other forms of reproducing or capturing any of the Protected Material. 

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Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, 

motion papers, transcripts, legal memoranda, correspondence or attorney work product, even if such 

materials contain Protected Material. Any such archival copies that contain or constitute Protected 

Material remain subject to this Protective Order as set forth in Section 4 (DURATION), above. 

12. MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Order abridges the right of any person 

to seek its modification by the Court in the future. 

12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 

Order no Party waives any right it otherwise would have to object to disclosing or producing any 

information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 

Party waives any right to object on any ground to use in evidence of any of the material covered by 

this Protective Order. 

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: 

 DATED: March 1, 2010 PEARSON, SIMON, WARSHAW & PENNY, LLP

DANIEL L. WARSHAW 

BRUCE L. SIMON 

BOBBY POUYA 

HAUSFELD, LLP 

MICHAEL P. LEHMANN 

JAMES J PIZZIRUSSO 

MELINDA COOLIDGE 

GARY, NAEGLE & THEADO, LLC 

JORI BLOOM NAEGELE 

ROBERT D. GARY 

 By: /s/ 

 DANIEL L. WARSHAW 

Attorneys for Plaintiffs and the Proposed Class 

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 DATED: March 1, 2010 AKIN GUMP STRAUSS HAUER & FELD LLP 

CHAD A STEGEMAN 

JAMES J. SCHESKE 

 By: /s/ 

 CHAD A. STEGEMAN 

Attorneys for Defendant Acer America Corporation 

I, Chad A. Stegeman, am the ECF user whose ID and password are being used to file this 

Stipulated Protective Order. In compliance with the Northern District of California General Order 45, 

X.B., I hereby attest that Daniel L. Warshaw concurred in this filing. 

Dated: March 1, 2010 AKIN GUMP STRAUSS HAUER & FELD LLP 

By /s/ 

CHAD A. STEGEMAN 

Attorneys for Defendant Acer America Corporation 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

DATED: _____________________ _____________________________________________ 

 Honorable Jeffrey S. White 

 United States District/Magistrate Judge 

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March 2, 2010

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EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

 I, ________________________________ [print or type full name], of _______________ [print 

or type full address], declare under penalty of perjury that I have read in its entirety and understand the 

Stipulated Protective Order that was issued by the United States District Court for the Northern District 

of California on [date] in the case of Lora and Clay Wolph v. Acer America Corporation, Case No. 

CV 09 1314 JSW. I agree to comply with and to be bound by all the terms of this Stipulated Protective 

Order and I understand and acknowledge that failure to so comply could expose me to sanctions and 

punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any 

information or item that is subject to this Stipulated Protective Order to any person or entity except in 

strict compliance with the provisions of this Order. 

 I further agree to submit to the jurisdiction of the United States District Court for the Northern 

District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if 

such enforcement proceedings occur after termination of this action. 

 I hereby appoint __________________________ [print or type full name] of 

_______________________________________ [print or type full address and telephone number] as 

my California agent for service of process in connection with this action or any proceedings related to 

enforcement of this Stipulated Protective Order. 

Date: _______________________________ 

City and State where sworn and signed: ______________________________ 

Printed name: ____________________________ 

 [printed name] 

Signature: _______________________________ 

 [signature] 

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