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Submitting Counsel on Signature Page

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

FEDERAL TRADE COMMISSION,

Plaintiff,

 v. .

ALLERGAN PLC, et al.,

Defendants.

Case No. 17-cv-00312-WHO

Case No. 17-cv-00562-WHO

[Related Case No. 14-md-02521-WHO]

JOINT STIPULATED PROTECTIVE 

ORDER

THE STATE OF CALIFORNIA, EX REL.

XAVIER BECERRA, ATTORNEY GENERAL,

Plaintiff,

 v.

.

ALLERGAN PLC, et al.,

Defendants.

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Disclosure and discovery activity in the above-captioned cases is 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 in the above-captioned cases 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 7, 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 or non-party seeks permission 

from the Court to file material under seal.

1. SCOPE OF PROTECTIVE ORDER

1.1 This Protective Order shall apply to all documents, things, or information subject to 

discovery in these actions that is owned, possessed, or controlled by a party or a non-party and that 

contains the party’s or non-party’s trade secrets or other confidential research, development or 

commercial information in accordance with Fed. R. Civ. P. 26(c)(1), or other information required 

by law or agreement to be kept confidential (“Confidential Discovery Material”). Notwithstanding 

the scope of this Protective Order, the parties recognize that use of Confidential Discovery Material 

at trial is an issue to be discussed in advance of and addressed as appropriate in the proposed Joint 

Pretrial Order.

2. CONFIDENTIALITY DESIGNATIONS (TWO-TIER)

2.1 Each party and any non-party shall have the right to designate any Confidential

Discovery Material as confidential and subject to this Protective Order, by marking all or part of

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such Material as either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” It shall be the duty 

of the party or non-party who seeks to invoke protection under this Protective Order (“Producing 

Party”) to give notice, as set forth below, of the Confidential Discovery Material designated to be 

covered by this protective Order (“Designated [CONFIDENTIAL or HIGHLY CONFIDENTIAL]

Material”). The duty of the parties and of all other persons bound by this Protective Order to 

maintain the confidentiality of Confidential Discovery Material so designated (“Receiving Party”) 

shall commence with such notice.

2.2 Under this Protective Order, Confidential Discovery Material shall be marked

“CONFIDENTIAL” if, and only if, the Producing Party in good faith considers the Discovery 

Material to be, reflect or reveal a trade secret or other confidential research, development or 

commercial information in accordance with Fed. R. Civ. P. 26(c)(1), or other information required 

by law or agreement to be kept confidential.

2.3 Under this Protective Order, Confidential Discovery Materials can be designated as 

“HIGHLY CONFIDENTIAL” Material if the Confidential Discovery Material is 

“CONFIDENTIAL” as set forth in Paragraph 2.2 above and constitutes or reflects trade secrets;

confidential research, development, testing and studies relating to drug products; and/or sensitive 

financial or strategic commercial information, where the disclosure of the information is likely to 

cause harm to the competitive position of the Producing Party.

2.4 CONFIDENTIAL or HIGHLY CONFIDENTIAL Material, respectively, shall

include: (a) all copies, extracts, and complete or partial summaries prepared from such 

CONFIDENTIAL or HIGHLY CONFIDENTIAL Material; (b) portions of deposition transcripts 

and exhibits thereto that contain, summarize, or reflect the content of any such CONFIDENTIAL 

or HIGHLY CONFIDENTIAL Material; (c) portions of briefs, memoranda, or any other writings 

filed with the Court and exhibits thereto that contain, summarize, or reflect the content of any such 

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CONFIDENTIAL or HIGHLY CONFIDENTIAL Material; (d) written discovery responses and 

answers that contain, summarize, or reflect the content of any such CONFIDENTIAL or HIGHLY 

CONFIDENTIAL Material; and (e) deposition testimony designated in accordance with the 

paragraphs below.

2.5 Any document produced (or material containing or summarizing information from a 

document produced), as well as all transcripts of any investigational hearings, during the precomplaint investigation by the Federal Trade Commission (“FTC”) and/or by the State of 

California’s Attorney General’s Office (“AGO”) pursuant to California Government Code sections 

11180 et seq. (collectively the “Investigatory Material”) shall be treated as HIGHLY 

CONFIDENTIAL Material under this Order, notwithstanding any designation or lack thereof on 

the documents as originally produced, unless either the original source of the document agrees or 

the Court orders otherwise. If a non-party, which has produced documents to the FTC and/or the 

AGO, has requested that its identity not be revealed, its identity shall be kept HIGHLY 

CONFIDENTIAL, unless such non-party agrees or the Court orders otherwise; provided, however, 

that the FTC and AGO shall provide outside counsel for the parties to this litigation, at the time the 

documents are produced, with a list of those non-parties who have requested confidential treatment 

for their identities and whose HIGHLY CONFIDENTIAL Materials are disclosed to such counsel 

under this Order, and shall identify on that list the specific documents produced by each such nonparty.

2.6 Any document produced (or material containing information from a document 

produced), any deposition transcripts or exhibits, any expert reports, discovery responses, any 

filings, and other materials from patent litigations relating to Lidoderm that were designated therein 

as CONFIDENTIAL or HIGHLY CONFIDENTIAL, or otherwise marked as deserving heightened 

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confidentiality (e.g., OUTSIDE COUNSEL EYES ONLY) shall be treated as HIGHLY 

CONFIDENTIAL Material under this Order.

2.7 Any document produced (or material containing information from a document 

produced), any deposition transcripts or exhibits, any expert reports, discovery responses, any 

filings, and other materials from antitrust actions in or related to the litigations styled as In re 

Lidoderm Antitrust Litigation, No. 14-md-02521-WHO (N.D. Cal.) and FTC v. Endo 

Pharmaceuticals Inc., et al., No. 2:16-cv-01440-PD (E.D. Pa.) (hereinafter “Related Case” or 

“Related Cases”) designated as CONFIDENTIAL Material, HIGHLY CONFIDENTIAL Material, 

or as OUTSIDE COUNSEL EYES ONLY shall be treated in accordance with the corresponding 

provisions in this Order.

2.8 CONFIDENTIAL and HIGHLY CONFIDENTIAL Material shall not include any

discovery material which:

a. is in the public domain at the time of disclosure;

b. becomes part of the public domain through no fault of a Receiving Party or 

non-parties who are not in breach of any obligations to the Producing Party;

c. is information the Receiving Party can show was in its possession prior to 

the time of disclosure; or

d. is information the Receiving Party receives at a later date from a non-party

properly and rightfully in possession of said information, and not as a result 

of any breach of confidentiality, and properly and rightfully authorized to 

make disclosure without restriction as to disclosure.

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3. DESIGNATING MATERIALS AS “CONFIDENTIAL” AND/OR “HIGHLY 

CONFIDENTIAL”

3.1 The designation of information as CONFIDENTIAL and/or HIGHLY 

CONFIDENTIAL Material for purposes of this Order shall be made in the following manner:

a. with regard to written material (including transcripts of depositions or other 

testimony), a legend shall be affixed to each page substantially in the form, 

“CONFIDENTIAL — Subject to Protective Order” or “HIGHLY 

CONFIDENTIAL — Subject to Protective Order”; and

b. with regard to non-written material, such as recordings, magnetic media, 

photographs and things, a legend substantially in the above form shall be 

affixed to the material, or a container for it, in any suitable manner.

c. 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, and until and 

unless produced without any confidentiality designation, all of the material 

made available for inspection shall be deemed to be HIGHLY

CONFIDENTIAL Material. After the inspecting Party has identified the 

documents it wants copied and produced, the Producing Party shall affix the 

appropriate legend on each page that contains Confidential Discovery 

Material.

d. Any party may designate any or all portions of depositions taken in these 

actions as CONFIDENTIAL and/or HIGHLY CONFIDENTIAL Material 

either (1) by making a statement on the record at the deposition, or (2) by 

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JOINT STIPULATED PROTECTIVE ORDER

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serving notice in writing to counsel of record within thirty (30) days of 

receiving the transcript of the deposition. Only those portions of a deposition 

that actually contain CONFIDENTIAL and/or HIGHLY CONFIDENTIAL 

Material may be so designated. All deposition transcripts and/or videos will 

be treated as HIGHLY CONFIDENTIAL Material until a party designates 

any or all portions of the transcript as CONFIDENTIAL and/or HIGHLY 

CONFIDENTIAL Material or until thirty (30) days after receipt of the final, 

official (non-draft) transcript and/or video, whichever is earlier. Thereafter, 

any portion of any deposition testimony that is not designated as 

CONFIDENTIAL and/or HIGHLY CONFIDENTIAL Material in 

accordance with this Order within thirty (30) days after receipt of the final, 

official (non-draft) transcript and/or video of the deposition (or other 

testimony) shall not be entitled to the protections afforded under this Order, 

except upon a showing of good cause. If a designation is made, the 

CONFIDENTIAL and/or HIGHLY CONFIDENTIAL portions and exhibits, 

if filed with the Court, shall be subject to the filing requirements set forth in 

Paragraph 7 below. If any depositions are videotaped or digitally recorded, 

those portions of the videotape or recording corresponding to portions of the 

deposition transcript designated as CONFIDENTIAL or HIGHLY 

CONFIDENTIAL shall be afforded the same status.

3.2 Notwithstanding the obligation to timely designate CONFIDENTIAL and/or

HIGHLY CONFIDENTIAL Material under the foregoing paragraphs 3.1(a)-(d), the inadvertent or 

unintentional failure to designate specific Confidential Discovery Material as CONFIDENTIAL 

and/or HIGHLY CONFIDENTIAL Material shall not be deemed a waiver in whole or in part of 

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the claim of confidentiality. Upon prompt notice from the Producing Party of such failure to 

designate, all Receiving Parties shall cooperate to restore the confidentiality of the inadvertently or 

unintentionally disclosed Confidential Discovery Material. No party shall be held in breach of this 

Order if, prior to notification of such later -designation, such Confidential Discovery Material had 

been disclosed or used in a manner inconsistent with such later designation. The Producing Party 

shall provide substitute copies of the Discovery Material bearing the corrected designation. The 

Receiving Party shall return or certify the destruction of the undesignated Confidential Discovery 

Material. If material inadvertently not designated is, at the time of the later designation, already 

filed with a court on the public record, the party or person that failed to make the designation shall 

move for appropriate relief.

4. DISCLOSURE AND USE OF CONFIDENTIAL DISCOVERY MATERIAL

4.1 Absent an agreement of the Producing Party or an Order to the contrary by this 

Court or other court of competent jurisdiction, and except as provided in Paragraph 4.4 below, each 

party and all other persons bound by the terms of this Protective Order shall use any material 

designated as CONFIDENTIAL and/or HIGHLY CONFIDENTIAL Material by a party or nonparty other than itself solely for purposes of these actions, and such Material shall not be used for 

any other purpose, including, without limitation, any business or commercial purpose. The 

attorneys of record for the parties shall exercise reasonable care to ensure that the information and 

documents governed by this Protective Order are (a) used only for the purpose specified herein, 

and (b) disclosed only to authorized persons.

4.2 Subject to Paragraphs 4.4-5.4, CONFIDENTIAL Material may be disclosed, 

summarized, described, revealed or otherwise made available in whole or in part only in 

accordance with the terms of this Order and only to the following persons:

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a. any employee of a Party who is required in good faith to provide material

assistance in the conduct of the litigation of these actions, and who executes 

a copy of the Undertaking attached hereto as Exhibit A. If a Producing Party 

objects to the disclosure of CONFIDENTIAL material to any such 

employee, the designated employee may not view that producing party’s

CONFIDENTIAL Material, provided that the designating party may seek 

relief from the Court following a good faith meet and confer effort with the 

Producing Party to resolve the objection.

b. Parties’ internal counsel, and their legal, investigative, technical, 

administrative and other support staff, engaged in the conduct of these 

actions;

c. outside counsel for the Parties in these actions or in any Related Case, or 

other counsel who have entered an appearance in these actions, their 

respective legal, investigative, technical, administrative and other support 

staff, engaged in the conduct of these actions on behalf of named Parties;

d. FTC personnel, including FTC Commissioners, as well as Commission 

attorneys, employees, and law clerks that are working on, supervising, or 

being briefed about this Litigation (“FTC Personnel”);

e. AGO personnel, including AGO attorneys, employees, and law clerks that 

are working on, supervising, or being briefed about this Litigation (“AGO

Personnel”);

f. this Court, or any other court exercising jurisdiction with respect to these 

actions, any appellate court(s), court personnel, jurors, alternate jurors, and 

qualified persons (including necessary clerical personnel) recording, taking 

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or transcribing testimony or argument at any deposition, hearing, trial or 

appeal in these actions;

g. any person designated by the Court upon such terms as the Court may deem 

proper;

h. any mediators engaged by the parties or appointed by the Court, and their 

support staff (“Mediators”);

i. outside experts and consultants and their staff (including all non-party

personnel and support staff assisting such expert or consultant, but not the 

entity itself by which such expert or consultant and assisting personnel are 

employed) retained to assist the parties in the conduct of these actions, so 

long as such person has executed a copy of the Undertaking attached as 

Exhibit A (“Experts”);

j. 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, including any assistants and/or 

mock jurors that professional jury or trial consultants may employ, retained 

by outside counsel for a Party to whom it is reasonably necessary to disclose 

the information for these actions and who will maintain the confidentiality of 

such Confidential Discovery Material;

k. any person whom any Party has a good faith basis to believe authored or 

previously received the material;

l. any person who (i) has or had an authorized right of access to the material 

and (ii) has signed the Undertaking attached hereto as Exhibit A;

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m. the Producing Party’s current directors, officers, or employees;

n. witnesses or potential witnesses in these actions and their counsel, as 

permitted pursuant to the provisions of Paragraphs 6.1-6.3;

o. any person who has been designated as a Rule 30(b)(6) witness by the 

Producing Party;

p. court reporters, videographers and translators; and

q. any person other than those listed in this section for whom a party requests 

permission to disclose CONFIDENTIAL Material by providing counsel for 

the Producing Party with advance written notice, via electronic mail/PDF, or 

hand delivery, at least seven (7) business days before any disclosure. Any 

request shall state the specific material to be disclosed and the identity of 

each person to whom the material will be disclosed. The Producing Party

shall respond within seven (7) business days of its receipt of such written 

request. A failure to respond within such time shall constitute consent to the 

request. If a Producing Party objects to the disclosure of CONFIDENTIAL 

material to any such person, the designated person may not view that 

producing party’s CONFIDENTIAL Material, provided that the designating 

party may seek relief from the Court following a good faith meet and confer 

effort with the Producing Party to resolve the objection;

r. others as to whom the Producing Party has given written consent or by Order 

of the Court.

4.3 Subject to Paragraphs 4.4-5.4, HIGHLY CONFIDENTIAL Material may be 

disclosed, summarized, described, revealed or otherwise made available in whole or in part only in 

accordance with the terms of this Order, and only to the following persons:

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a. Parties’ internal counsel, and their legal, investigative, technical, 

administrative and other support staff, engaged in the conduct of these 

actions;

b. outside counsel for the Parties in these actions or in any Related Case, or 

other outside counsel who have entered an appearance in these actions and 

regular and temporary staff of such counsel to the extent necessary to assist 

such counsel in the conduct of these actions;

c. FTC Personnel (as defined above);

d. AGO Personnel (as defined above);

e. Experts (as defined above);

f. Mediators (as defined above);

g. 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, including any assistants and/or 

mock jurors that professional jury or trial consultants may employ, retained 

by outside counsel for a Party to whom it is reasonably necessary to disclose 

the information for these actions and who will maintain the confidentiality of 

such Confidential Discovery Material;

h. witnesses or potential witnesses in these actions and their counsel, as 

permitted pursuant to the provisions of Paragraphs 6.1-6.3;

i. any person who has been designated as a Rule 30(b)(6) witness by the 

Producing Party;

j. the Court and its employees and the jury;

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k. court reporters, videographers and translators; 

l. any person other than those listed in this section for whom a party requests 

permission to disclose HIGHLY CONFIDENTIAL Material by providing 

counsel for the Producing Party with advance written notice, via electronic 

mail/PDF, or hand delivery, at least seven (7) business days before any 

disclosure. Any request shall state the specific material to be disclosed and 

the identity of each person to whom the material will be disclosed. The 

Producing Party shall respond within seven (7) business days of its receipt of 

such written request. A failure to respond within such time shall constitute 

consent to the request. If a Producing Party objects to the disclosure of 

HIGHLY CONFIDENTIAL material to any such person, the designated 

person may not view that producing party’s HIGHLY CONFIDENTIAL 

Material, provided that the designating party may seek relief from the Court 

following a good faith meet and confer effort with the Producing Party to 

resolve the objection; and

m. others as to whom the Producing Party has given written consent or by Order 

of the Court.

The parties anticipate that there may be a need for additional confidentiality protection for a limited 

number of HIGHLY CONFIDENTIAL materials that contain highly sensitive, forward-looking 

business information. Such material may be designated as “OUTSIDE COUNSEL EYES ONLY,” 

and may not be shown to parties’ internal counsel notwithstanding Paragraph 4.3.a. above, but may 

be shown to all remaining parties identified in Paragraph 4.3 subject to the terms and conditions 

herein.

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4.4 Irrespective of whether an individual has executed the CONFIDENTIAL or 

HIGHLY CONFIDENTIAL Undertaking, this Order shall not apply to and, thus, does not restrict 

any party’s use, for any purpose, of (1) its own CONFIDENTIAL and/or HIGHLY 

CONFIDENTIAL Material, or (2) any documents, things, information or other material that, at the 

time of disclosure in these actions, is publicly known through no unauthorized act of such party or 

was lawfully developed or obtained independent of discovery in these actions. Moreover, this 

Order shall not apply to and does not restrict any individual from reviewing or seeing any 

document generated or received by that individual or communicated to or known to that individual, 

and does not restrict any individual from reviewing or seeing any document containing information 

believed in good faith to be known to the individual. Notwithstanding the foregoing, any portions 

of the CONFIDENTIAL and/or HIGHLY CONFIDENTIAL Material that, on its face, was not 

communicated to or known to the individual shall be redacted before showing the document to the 

individual. Nothing in this Paragraph is intended to, or does, preclude a Party from taking action 

under Paragraph 10.3 below due to the conduct described in this Paragraph.

4.5 This Order shall not restrict any attorney who is a qualified recipient under the terms 

of Paragraphs 4.2.b-c. and 4.3.a. from rendering advice to his or her client that is a Party with 

respect to these actions, and in the course thereof, from generally relying upon his or her 

examination of CONFIDENTIAL and/or HIGHLY CONFIDENTIAL Material. In rendering such 

advice or in otherwise communicating with the client, the attorney shall not disclose directly or 

indirectly the specific content of any CONFIDENTIAL and/or HIGHLY CONFIDENTIAL 

Material of another Party or non-party where such disclosure would not otherwise be permitted 

under the terms of this Order.

4.6 If a party is served with a subpoena, discovery request in another action, or any 

other request seeking by legal process the production of documents, things, information or other 

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material produced to it and designated as CONFIDENTIAL and/or HIGHLY CONFIDENTIAL 

Material in these actions, such party shall notify promptly the Producing Party so as to provide the 

Producing Party a reasonable opportunity to object to the production.

4.7 Nothing in this Order shall prevent the FTC from disclosing and using 

CONFIDENTIAL Material and HIGHLY CONFIDENTIAL Material, subject to taking appropriate 

steps to preserve confidentiality, to the extent necessary to comply with Sections 6(f) of the FTC 

Act, 15 U.S.C. §§ 46(f) and 57b.2, or any other legal obligation imposed upon the Commission. 

Likewise, nothing in this Order shall prevent the AGO from disclosing and using 

CONFIDENTIAL Material and HIGHLY CONFIDENTIAL Material, subject to taking appropriate 

steps to preserve confidentiality, to the extent necessary to comply with California Government 

Code sections 11180 et seq., or any other legal obligation imposed upon the AGO.

5. PROCEDURES FOR DISCLOSURE OF “CONFIDENTIAL” AND “HIGHLY 

CONFIDENTIAL” INFORMATION

5.1 Every person to whom CONFIDENTIAL and/or HIGHLY CONFIDENTIAL 

Material or information contained therein is to be disclosed, summarized, described, characterized, 

or otherwise communicated or made available in whole or in part, first shall be advised that the 

material or information is being disclosed pursuant and subject to the terms of this Order.

6. EXAMINATION OF WITNESSES

6.1 Any inventor or current employee, officer, or director of a Party may be examined at 

trial or upon deposition concerning any CONFIDENTIAL and/or HIGHLY CONFIDENTIAL 

Material of such Party.

6.2 Any expert witness may be examined at trial or upon deposition concerning any

CONFIDENTIAL and/or HIGHLY CONFIDENTIAL Material.

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6.3 Any other person may be examined as a witness at trial or upon deposition

concerning any CONFIDENTIAL and/or HIGHLY CONFIDENTIAL Material which that person 

had lawfully generated, received or which was previously communicated to or known to that 

witness. During examination or preparation therefor, any such witness may be shown 

CONFIDENTIAL and/or HIGHLY CONFIDENTIAL Material which appears on its face or from 

other documents or testimony to have been generated or received by that witness or communicated 

to or known to that witness or which contains information believed in good faith to be known to the 

individual. Any portions of the CONFIDENTIAL and/or HIGHLY CONFIDENTIAL Material 

that, on its face, was not communicated to or known to the witness shall be redacted before

showing the document to the witness.

7. FILING PROTECTED MATERIAL

7.1 Without written permission from the Producing 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 Confidential Discovery Material. A Party that seeks to file under seal any Confidential 

Discovery Material must comply with Civil Local Rule 79-5.

7.2 If any CONFIDENTIAL or HIGHLY CONFIDENTIAL material is filed in the 

public record by the Producing Party, such public filing shall constitute the Producing Party’s

waiver of the designation of the publicly filed material for its use by any party in this Litigation. 

However, such public filing will not instantly constitute a waiver of any confidentiality 

designations made with respect to any non-publicly filed portions of the publicly filed document, 

the subject matter of the publicly filed material, or concerning any other material not actually 

publicly filed but this provision is subject to the rights of any non-Producing Parties to argue by 

motion that such public filing is a waiver with regard to the subject matter or other documents or is 

a wavier under the selective invocation sword and shield or other relevant doctrine.

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8. INADVERTENT PRODUCTION OF PRIVILEGED MATERIAL

8.1 If information subject to a claim of attorney-client privilege, work product

immunity, or any other applicable privilege or immunity is produced inadvertently, the Parties shall 

comply with Fed. R. Evid. 502(b) and Fed. R. Civ. P. 26(b)(5)(B).

9. OBLIGATIONS OF OUTSIDE COUNSEL

9.1 It shall be the responsibility of outside counsel to ensure strict compliance with the 

provisions of this Protective Order in their dealings with CONFIDENTIAL and/or HIGHLY 

CONFIDENTIAL Material, and it shall be the responsibility of outside counsel to take reasonable 

and proper steps to ensure that this Protective Order and all provisions thereof are made known to 

any person who shall examine CONFIDENTIAL and/or HIGHLY CONFIDENTIAL Material as 

provided herein. All persons responsible for determining that materials contain CONFIDENTIAL 

and/or HIGHLY CONFIDENTIAL Material shall be familiar with this Protective Order and the 

scope of its protection. All CONFIDENTIAL and/or HIGHLY CONFIDENTIAL Material 

including any and all copies thereof shall be kept by the Receiving Party in a place appropriately 

safe, given its status.

10. OTHER

10.1 Conclusion of the Action: 

a. Within sixty (60) days after entry of a final judgment or dismissal with prejudice in 

these actions (including appeals or petitions for review) or the execution of a settlement 

agreement among all the parties finally disposing of all issues raised in these actions, 

outside counsel and all other persons having possession or control of another party’s 

CONFIDENTIAL and/or HIGHLY CONFIDENTIAL Material, including any briefs, 

motions, pleadings, expert reports or other documents created during the course of these 

actions that contain CONFIDENTIAL and/or HIGHLY CONFIDENTIAL Material, shall: 

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(a) return all CONFIDENTIAL and HIGHLY CONFIDENTIAL Material and any copies 

thereof to the appropriate outside counsel who produced the CONFIDENTIAL and 

HIGHLY CONFIDENTIAL Material; or (b) destroy such CONFIDENTIAL and HIGHLY 

CONFIDENTIAL Material. Each party shall give written notice of such destruction to 

outside counsel for the Producing Party. Counsel of record, however, may retain copies of 

all filings, written discovery, and correspondence for archival purposes. Further, all notes, 

summaries, or other documents prepared by attorneys, or outside experts/consultants 

designated as provided in Paragraphs 10 and 11, derived from or containing 

CONFIDENTIAL and HIGHLY CONFIDENTIAL Material, shall after the conclusion of 

the actions, be kept within the files of trial counsel for the party creating such work product, 

or be destroyed. In addition, counsel shall be entitled, without violating this Order, to retain 

pleadings, affidavits, motions, briefs, expert reports (and exhibits thereto), correspondence 

(including internal correspondence and e-mail), any other papers filed with the Court 

(including exhibits), deposition transcripts (including exhibits), and the trial record 

(including exhibits) even if such materials contain Confidential Material or Highly 

Confidential Material, so long as this Order will continue to govern any such retained 

materials. The Receiving Party’s reasonable efforts shall not require the return or 

destruction of materials that (i) are stored on backup storage media made in accordance 

with regular data backup procedures for disaster recovery purposes; (ii) are located in the 

email archive system or archived electronic files of departed employees; (iii) are subject to 

litigation hold obligations; or (iv) are otherwise required by law to be retained. Backup 

storage media need not be restored for purpose of returning or certifying destruction of 

materials, but any such materials retained in backup storage media shall continue to be 

treated in accordance with this Order.

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b. Nothing in this Order shall preclude the FTC from complying with the provisions of 

Rule 4.12 of the FTC’s Rules of Practice, 16 C.F.R. § 4.12, in disposing of Investigatory 

Material. Likewise, nothing in this Order shall preclude the AGO from complying with 

California Government Code sections 11180 et seq. in disposing of Investigatory Material.

10.2 Other Proceedings: By entering this order and limiting the disclosure of information 

in this case, the Court does not intend to preclude another court from finding that information may 

be relevant and subject to disclosure in another case. Any person or party subject to this order who 

becomes subject to a subpoena or other valid process compelling disclosure of another party’s 

information Designated CONFIDENTIAL and HIGHLY CONFIDENTIAL Material pursuant to 

this order (the “Subpoenaed Party”) shall provide the Producing Party with written notice of such 

subpoena or legal process, via electronic mail/PDF, within five (5) business days of the date on 

which counsel of record in this litigation receives such subpoena or legal process or a lesser period 

if ordered by a court (the “Response Period so that the party may have an opportunity to appear and 

be heard on whether that information should be disclosed. The Subpoenaed Party shall also inform 

the persons seeking discovery in writing (with copy to the Producing Party) that providing the 

information may be a violation of this Order. After receipt of the notices specified by this 

Paragraph, the Producing Party shall be responsible for obtaining any order it believes necessary to 

prevent disclosure of the confidential information that has been subpoenaed or requested. If the 

Producing Party does not move to quash and/or for a protective order within the time allowed for 

production by the subpoena or request (or within such times as a court may direct or as may be 

agreed upon between the Producing Party, Subpoenaed Party, and the subpoenaing person or 

entity) or notifies the Subpoenaed Party in writing that it will not file a motion, the Subpoenaed 

Party may commence production in response to the subpoena or request. The Subpoenaed Party 

will not produce any of the CONFIDENTIAL or HIGHLY CONFIDENTIAL Material while a 

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Producing Party’s motion to quash and/or for a protective order is pending, or while an appeal from 

or request for appellate review of such motion is pending, unless a court orders production of the 

confidential material that is subject to this Order. Production of any confidential material pursuant 

to a court order shall not be deemed a violation of this Order. Nothing herein shall be construed as 

requiring the Subpoenaed Party to subject itself to any penalties for non-compliance with any 

subpoena, access request, or legal process or to seek any relief from the Court. Nothing in this 

Order shall prevent a party to this Litigation from using its own CONFIDENTIAL or HIGHLY 

CONFIDENTIAL Material for any purpose.

10.3 Contested Designations: A Party shall not be obligated to challenge the propriety of 

designating any CONFIDENTIAL and HIGHLY CONFIDENTIAL Material at the time such 

designation is made, and failure to do so shall not preclude a subsequent challenge thereto. In the 

event that a Party disagrees at any stage of these proceedings with the designation by the Producing 

Party of any information as CONFIDENTIAL and HIGHLY CONFIDENTIAL Material, the 

Parties shall try first to resolve such dispute in good faith on an informal basis. The objecting Party 

shall first provide written notice to the Producing Party, identifying the CONFIDENTIAL or 

HIGHLY CONFIDENTIAL Discovery Material whose designation it challenges and setting forth 

the basis for the challenge. Except in the case of a challenge for more than twenty (20) documents 

or more than twenty-five (25) pages of deposition testimony, within fourteen (14) days of its 

receipt of written notice of the challenge to its designation, the Producing Party shall meet and 

confer with the objecting Party in order to attempt to resolve any dispute concerning the 

designation by agreement or stipulation. In the case of a challenge for more than twenty (20) 

documents or more than twenty-five (25) pages of deposition testimony, the challenging Party and 

the Producing Party shall meet and confer in good faith to establish a reasonable timeframe for a 

response to the challenge, which in no case shall be more than thirty (30) days from the receipt of 

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written notice that the challenging Party objects to the confidentiality designation. If the dispute 

cannot be resolved, the objecting Party may seek appropriate relief from the Court, but the Party 

seeking to restrict disclosure of information shall bear the burden of proof that it constitutes 

CONFIDENTIAL and HIGHLY CONFIDENTIAL Material. The objecting Party’s motion or 

application to the Court shall identify with specificity the CONFIDENTIAL or HIGHLY 

CONFIDENTIAL Discovery Material that is the subject of the motion, but shall not disclose or 

reveal the contents of that material except in the manner prescribed by Paragraph 7 of this 

Protective Order. If such a motion or application is made, all Discovery Material so designated 

shall maintain CONFIDENTIAL or HIGHLY CONFIDENTIAL status pending a determination by 

the court as to its appropriate status.

10.4 Non-waiver: The production of Confidential Discovery Materials by a Party under 

the terms of this Order shall not be construed to mean that the Producing Party has waived any 

objection to the production, relevancy or admissibility of such Materials. Nothing contained herein 

shall preclude any Party from opposing any discovery on any basis.

10.5 Additional Parties: If an additional party joins or is joined in these actions, the 

newly joined party shall not have access to CONFIDENTIAL and HIGHLY CONFIDENTIAL 

Material until the parties agree to a supplemental Protective Order governing the protection of 

CONFIDENTIAL and HIGHLY CONFIDENTIAL Material.

10.6 Non-Parties: 

a. If any discovery requests are served on any non-party, the party serving the 

discovery request(s) shall, at the time of service, provide the non-party with a copy of this 

Order. Documents produced by non-parties in this Litigation that consist of or contain 

portions of documents originally created or generated by a party shall be treated as 

HIGHLY CONFIDENTIAL until the expiration of sixty (60) days after the date the 

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document is produced. During that period, if any party believes a non-party has produced 

information which the party believes should be designated as CONFIDENTIAL or 

HIGHLY CONFIDENTIAL, that party may notify the non-party and other parties of the 

designation that it believes should apply. The party providing such notification will then be 

deemed a Producing Party with respect to such documents and such documents shall be 

treated as CONFIDENTIAL or HIGHLY CONFIDENTIAL Material, as designated by the 

party.

b. Any non-party from whom discovery is sought in these actions may designate some 

or all of the documents, things, information or other material as CONFIDENTIAL and 

HIGHLY CONFIDENTIAL Material under this Protective Order. If it does so, then each 

Party to the action will have with respect to such CONFIDENTIAL and HIGHLY 

CONFIDENTIAL Material the same protections and obligations which that Party has with 

respect to CONFIDENTIAL and HIGHLY CONFIDENTIAL Material of another Party to 

the action. Nothing in this Paragraph or this Protective Order is intended to, or does, excuse 

any non-party from compliance with a duly served subpoena.

10.7 Attendance at Depositions: If a deposition concerns CONFIDENTIAL or HIGHLY 

CONFIDENTIAL Material, the Producing Party shall have the right to exclude from the portion of 

the deposition concerning such information any person not authorized in accordance with 

Paragraphs 4.2-4.3 above to have access to such Material. In-house counsel authorized to receive 

CONFIDENTIAL Material pursuant to Paragraph 10(b) shall only be excluded from the portion of 

the deposition that contains questions and answers that reveal the content of information designated 

HIGHLY CONFIDENTIAL, the disclosure of which is likely to cause harm to the competitive 

position of the Producing Party, and which would have been redacted from expert reports, 

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pleadings, briefs or other papers filed with the Court in these actions under seal as specified in 

Paragraph 7.

10.8 Unauthorized Disclosure: In the event of disclosure of any CONFIDENTIAL or 

HIGHLY CONFIDENTIAL Material to a person not authorized to have access to such material, 

the Party responsible for having made, and any Party with knowledge of, such disclosure shall 

immediately inform outside counsel for the Producing Party whose CONFIDENTIAL or HIGHLY 

CONFIDENTIAL Material has thus been disclosed of all known relevant information concerning 

the nature and circumstances of the disclosure. The responsible Party also promptly shall take all 

reasonable measures to ensure that no further or greater unauthorized disclosure or use of such 

Material is made and to retrieve any Material improperly disclosed. Each Party shall cooperate in 

good faith in that effort.

10.9 Termination of Access:

a. In the event any person or Party ceases to be engaged in the conduct of these 

actions, such person’s or Party’s access to CONFIDENTIAL and HIGHLY 

CONFIDENTIAL Material shall be terminated, and all copies thereof shall 

be returned or destroyed in accordance with the terms of Paragraph 10.1 

hereof, except that such return or destruction shall take place as soon as 

practicable after such person or party ceases to be engaged in the conduct of 

these actions.

b. The provisions of this Order shall remain in full force and effect as to any 

person or Party who previously had access to CONFIDENTIAL and

HIGHLY CONFIDENTIAL Material, except as may be specifically ordered 

by the Court or consented to by the Producing Party.

10.10 Modification:

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a. Stipulations may be made, between Counsel for the respective Parties, as to

the application of this Order to specific situations, provided that such 

stipulations are recorded in writing or contained in the record of any oral 

proceeding. Nothing contained herein shall preclude any Party from seeking 

an order of the Court modifying or supplementing this Order.

b. Nothing in this Order shall preclude any party, or any non-party from whom 

discovery has been requested, from applying to the Court for additional or 

different protective provisions with respect to specific material if the need 

should arise during the Litigation. The Court shall retain jurisdiction over the 

parties, and over any person executing an undertaking to be bound by the 

terms of this Order, during the pendency of the Litigation and for such time 

thereafter as is needed to carry out the terms of this Order.

10.11 Duration: Even after the termination of these actions, the confidentiality obligations 

imposed by this Order shall remain in effect until a Producing Party agrees otherwise in writing or 

a Court order otherwise directs.

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Dated: October 20, 2017 

Respectfully submitted by:

ATTORNEY GENERAL OF CALIFORNIA

XAVIER BECERRA 

/s/ Pamela Pham _________

Cheryl Johnson

Pamela Pham

Deputy Attorneys General

300 S. Spring Street, Suite 1700

Los Angeles, CA 90013

Telephone: (213) 897-2688

Fax: (213) 897-2801

E-mail: Cheryl.Johnson@doj.ca.gov;

 Pamela.Pham@doj.ca.gov 

Attorneys for Plaintiff the State of California

FEDERAL TRADE COMMISSION

/s/ Jamie R. Towey ________

Markus H. Meier 

Bradley S. Albert 

Jamie R. Towey 

Eric M. Sprague

Daniel W. Butrymowicz

Daniel S. Bradley 

Nicholas A. Leefer

600 Pennsylvania Avenue, N.W. 

Washington, DC 20580

Tel.: (202) 326-2756

Fax: (202) 326-3384

mmeier@ftc.gov; balbert@ftc.gov; 

jtowey@ftc.gov; esprague@ftc.gov; 

dbutrymowicz@ftc.gov; dbradley@ftc.gov; 

nleefer@ftc.gov

Attorneys for Plaintiff Federal Trade 

Commission

SKADDEN, ARPS, SLATE, MEAGHER

& FLOM LLP

/s/ Timothy H. Grayson _________

Karen Hoffman Lent (pro hac vice application 

forthcoming)

Michael Menitove (pro hac vice application 

forthcoming)

Four Times Square

New York, New York 10036

Telephone: (212) 735-3000

Facsimile: (917) 777-3000

karen.lent@skadden.com

michael.menitove@skadden.com

Steven C. Sunshine (pro hac vice application 

WHITE & CASE LLP

/s/ Jeremy Ostrander _______

Peter J. Carney (admitted pro hac vice)

701 Thirteenth Street, N.W.

Washington, DC 20005

Tel: (202) 626-3600

Fax: (202) 639-9355

pcarney@whitecase.com

Jack E. Pace III (admitted pro hac vice)

1155 Avenue of the Americas

New York, New York 10036

Tel: (212) 819-8200

Fax: (212) 354-8113

jpace@whitecase.com

bgant@whitecase.com

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forthcoming)

Timothy H. Grayson (pro hac vice application 

forthcoming)

1440 New York Ave. NW

Washington, DC 20005

Telephone: (202) 371-7000

Facsimile: (202) 393-5760

steve.sunshine@skadden.com

timothy.grayson@skadden.com

Patrick Hammon (SBN: 255047) 

525 University Avenue 

Suite 1400 

Palo Alto, CA 94301 

Telephone: (650) 470-3118

Facsimile: (650) 798-6544 

patrick.hammon@skadden.com

Attorneys for Defendant Watson Laboratories, 

Inc.

Jeremy Ostrander (SBN: 233489)

Erica Sutter (SBN: 309182) 

3000 El Camino Real 

5 Palo Alto Square, 9th Floor 

Palo Alto, California 94306

Tel: (650) 213-0300

Fax: (650) 213-8158 

jostrander@whitecase.com 

erica.sutter@whitecase.com

Attorneys for Defendants Allergan plc 

and Allergan Finance, LLC

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ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: October 24, 2017

William H. Orrick 

United States District Judge

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EXHIBIT A

UNDERTAKING TO BE BOUND BY STIPULATED PROTECTIVE ORDER

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 issued by the 

United States District Court for the Northern District of California on September __, 2017 in the 

following actions: Federal Trade Commission et al. v. Allergan plc et al., Case No. 17-cv-00312-

WHO and State of California et al. v. Allergan plc et al., Case No. 17-cv-00562-WHO.

I agree to comply with and to be bound by all the terms of the Stipulated Protective Order. 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 the Stipulated Protective 

Order, even if such enforcement proceedings occur after termination of this action.

Dated: ___________, 201_______ at (location): ________________________________________

Name: _______________________ Signature: ________________________________________

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