5:17-cv-00551-LHK 

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ALLAN STEYER (Bar No. 100318) 

JILL M. MANNING (Bar No. 178849) 

D. SCOTT MACRAE (Bar No. 104663) 

STEYER LOWENTHAL BOODROOKAS 

 ALVAREZ & SMITH LLP 

One California Street, Suite 300 

San Francisco, CA 94111 

Telephone: (415) 424-3400 

Facsimile: (415) 421-2234 

asteyer@steyerlaw.com

jmanning@steyerlaw.com 

smacrae@steyerlaw.com 

BRUCE L. SIMON (Bar No. 96241) 

DANIEL L. WARSHAW (Bar No. 185365) 

ALEXANDER L. SIMON (Bar No. 305734) 

PEARSON, SIMON & WARSHAW, LLP 

44 Montgomery Street, Suite 2450 

San Francisco, California 94104 

Telephone: (415) 433-9000 

Facsimile: (415) 433-9008 

bsimon@pswlaw.com 

dwarshaw@pswlaw.com 

asimon@pswlaw.com 

ELIZABETH L. DEELEY (Bar No. 230798) 

KRISTIN I. SHEFFIELD-WHITEHEAD 

(Bar No. 304635) 

KIRKLAND & ELLIS LLP 

555 California Street 

San Francisco, California 94104 

Telephone: (415) 439-1400 

Facsimile: (415) 439-1500 

elizabeth.deeley@kirkland.com 

kwhitehead@kirkland.com 

JOSEPH A. LOY (admitted pro hac vice) 

KIRKLAND & ELLIS LLP 

601 Lexington Avenue 

New York, New York 10022 

Tel: (212) 446-4800 

Fax: (212) 446-4900 

joseph.loy@kirkland.com 

Attorneys for Defendant 

Apple Inc. 

[Additional counsel listed on signature page] 

Attorneys for Plaintiffs and 

Proposed Lead Counsel for the Class

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

CHRISTINA GRACE and KEN POTTER, 

Individually and on Behalf of All Others 

Similarly Situated, 

 Plaintiffs, 

 vs. 

APPLE INC., 

 Defendant. 

CASE NO. 5:17-cv-00551-LHK 

STIPULATED PROTECTIVE ORDER 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 1 of 21
 1 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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 may be warranted. 

Accordingly, Plaintiffs Christina Grace and Ken Potter (“Plaintiffs”), and Defendant Apple 

Inc. (“Defendant,” and, together with Plaintiffs, defined below as 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 from public disclosure and use extends only to 

the limited information or items that are entitled to confidential treatment under the applicable 

legal principles. The Parties further acknowledge, as set forth in Section 12.3, below, that this 

Stipulated Protective Order does not entitle them to file confidential information under seal; 

Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that 

will be applied when a party seeks permission from the Court to file material under seal. 

2. DEFINITIONS

2.1 Challenging Party: a Party or Non-Party that challenges the designation of 

information or items under this Order. 

2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 

generated, stored or maintained) or tangible things that qualify for protection under Federal 

Rule of Civil Procedure 26(c). 

2.3 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or 

Items: extremely sensitive “Confidential Information or Items,” disclosure of which to another 

Party or Non-Party would create a substantial risk of serious harm that could not be avoided by 

less restrictive means. 

2.4 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 

well as their support staff). 

2.5 Designating Party: a Party or Non-Party that designates information or items 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 2 of 21
 2 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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

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

medium or manner in which it is generated, stored, or maintained (including, among other 

things, testimony, transcripts, and tangible things), that are produced or generated in 

disclosures or responses to discovery in this matter. 

2.7 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 any 

entity on the Restricted Competitors List and who, at the time of retention, is not anticipated to 

become an employee of a Party or any entity on the Restricted Competitors List. This 

definition includes any professional jury or trial consultant retained in connection with this 

litigation but does not include mock jurors. A list of Apple Inc.’s (“Apple”) restricted 

competitors will be separately produced to Outside Counsel (“Restricted Competitors List”). 

2.8 House Counsel: attorneys who are employees of a party to this action. House 

Counsel does not include Outside Counsel of Record or any other outside counsel. 

2.9 Non-Parties: each and every Non-Party, collectively. 

2.10 Non-Party: any natural person, partnership, corporation, association, or other 

legal entity not named as a Party to this action. 

2.11 Outside Counsel of Record: attorneys who are not employees of a party to this 

action but are retained to represent or advise a party to this action and have appeared in this 

action on behalf of that party or are affiliated with a law firm which has appeared on behalf of 

that party. 

2.12 Parties: each and every Party, collectively. 

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

consultants, retained experts, and Outside Counsel of Record (and their support staffs). 

2.14 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 

Material in this action. 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 3 of 21
 3 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2.15 Professional Vendors: persons or entities that provide litigation support services 

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

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

subcontractors. 

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

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 

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

Producing Party. 

2.18 Source Code: computer code, scripts, assembly, object code, source code 

listings, comments for source code, source code revision histories, and descriptions of source 

code, object code listings, comments for object code, object code revision histories, and 

descriptions of object code, Hardware Description Language (HDL) or Register Transfer Level 

(RTL) files that describe the hardware design of any ASIC or other chip, and other electronic 

files used in network operations, comments for network operation files, and network operation 

revision histories. 

3. SCOPE

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

Material (as defined above), but also (1) any information copied or extracted from Protected 

Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) 

any testimony, conversations, or presentations by Parties or their Counsel that might reveal 

Protected Material. However, the protections conferred by this Stipulation and Order do not 

cover the following information: (a) any information that is in the public domain at the time of 

disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a 

Receiving Party as a result of publication not involving a violation of this Order, including 

becoming part of the public record through trial or otherwise; and (b) any information known 

to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the 

disclosure from a source who obtained the information lawfully and under no obligation of 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 4 of 21
 4 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

confidentiality to the Designating Party. Nothing in this Protective Order shall prevent or 

restrict a Producing Party’s own disclosure or use of its own Protected Material for any 

purpose. 

This Protective Order does not govern the production of Source Code. If pursuant to a 

Court order or to agreement between the Parties Source Code is to be produced, the Parties will 

file an amendment to this Protective Order providing for appropriate procedures for producing 

and reviewing Source Code, which shall be filed prior to production of any Source Code. 

Any use of Protected Material at trial shall be governed by a separate agreement or 

order. 

4. DURATION

Even after final disposition 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. Final disposition shall be deemed to be the later of (1) dismissal of all 

claims and defenses in this action, with or without prejudice; and (2) final judgment herein 

after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of 

this action, including the time limits for filing any motions or applications for extension of time 

pursuant to applicable law. 

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. The Designating Party must 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 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 5 of 21
 5 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

unnecessarily encumber or delay 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 Designating Party’s attention that information or items that it designated 

for protection do not qualify for protection, that Designating 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., the second paragraph of Section 5.2(a) below), or as otherwise stipulated or ordered, 

Disclosure or Discovery 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 (e.g., paper or electronic documents, but 

excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 

Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 

EYES ONLY” to 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). 

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” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 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 

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend 

to 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 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 6 of 21
 6 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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 

Producing Party identify all protected testimony with the appropriate designation by indicating 

on the record at the time the testimony is given. Alternatively, the Producing Party may 

designate testimony or information disclosed at the deposition by notifying all parties in 

writing within fourteen (14) days after the conclusion of the deposition. If no indication on the 

record is made, all information disclosed during a deposition shall be deemed 

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” until the time within which it may be 

appropriately designated as provided for herein has passed. Any Protected Material that is used 

in the taking of a deposition shall remain subject to the provisions of this Protective Order, 

along with the transcript pages of the deposition testimony dealing with such Protected 

Material. In such cases the court reporter shall be informed of this Protective Order and shall 

be required to operate in a manner consistent with this Protective Order. In the event the 

deposition is videotaped, the original and all copies of the videotape shall be marked by the 

video technician to indicate that the contents of the videotape are subject to this Protective 

Order. Counsel for any Producing Party shall have the right to exclude from oral depositions, 

other than the deponent, deponent’s counsel, the reporter and videographer (if any), any person 

who is not authorized by this Stipulation and Protective Order to receive or access Protected 

Material based on the designation of such Protected Material. Such right of exclusion shall be 

applicable only during periods of examination or testimony regarding such Protected Material. 

(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” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only 

a portion or portions of the information or item warrant protection, the Producing Party, to the 

extent practicable, shall identify the protected portion(s). 

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

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 7 of 21
 7 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

designate or an incorrect designation of qualified information or items does not, standing alone, 

waive the Designating Party’s right to secure protection under this Order for such material. 

Upon receiving Protected Material with a timely corrected confidentiality designation, the 

Receiving Party must make reasonable efforts to assure that the material is treated in 

accordance with the provisions of this Order and shall destroy the Protected Material that was 

not designated properly. 

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 

burdens, or a 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. The Challenging Party shall initiate the dispute resolution 

process by providing written notice of each designation it is challenging and describing the 

basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the 

written notice must recite that the challenge to confidentiality is being made in accordance with 

this specific paragraph of the Protective Order. The Parties shall attempt to resolve each 

challenge in good faith and must begin the process by conferring directly (in voice to voice 

dialogue; other forms of communication are not sufficient) within 14 days of the date of 

service of notice. 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 or establishes that the Designating Party is unwilling to participate in 

the meet and confer process in a timely manner. 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 8 of 21
 8 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

6.3 Judicial Intervention. If the Parties cannot resolve a challenge without Court 

intervention, the Designating Party may file and serve a motion to retain confidentiality under 

Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 

days of the initial notice of challenge or within 14 days of the Parties agreeing that the meet 

and confer process will not resolve their dispute, whichever is earlier. Each such motion must 

be accompanied by a competent declaration affirming that the movant has complied with the 

meet and confer requirements imposed in the preceding paragraph. Failure by the Designating 

Party to make such a motion including the required declaration within 21 days (or 14 days, if 

applicable) shall automatically waive the confidentiality designation for each challenged 

designation. In addition, the Challenging Party may file a motion challenging a confidentiality 

designation at any time if there is good cause for doing so, including a challenge to the 

designation of a deposition transcript or any portions thereof. Any motion brought pursuant to 

this provision must be accompanied by a competent declaration affirming that the movant has 

complied with the meet and confer requirements imposed by the preceding paragraph. 

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

Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 

unnecessary expenses and burdens on other parties and/or Counsel) may expose the 

Challenging Party to sanctions. Unless the Designating Party has waived the confidentiality 

designation by failing to file a motion to retain confidentiality as described above, 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 until the Court rules on the challenge. 

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 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 9 of 21
 9 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Section 13 below (FINAL DISPOSITION). For the avoidance of doubt, no Protected Material 

produced by a Party or by a Non-Party in connection with this case may be used in any other 

litigation or proceeding of any kind, including but not limited to any patent prosecution or 

acquisition, patent reexamination, patent litigation, or reissue proceedings. 

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 or subcontractors of said Outside Counsel of Record to whom it is reasonably 

necessary to disclose the information for this litigation and who have signed the “General 

Acknowledgment of Confidentiality and Agreement to Be Bound by Protective Order” that is 

attached hereto as Exhibit A-1; 

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

Party to whom disclosure is reasonably necessary for this litigation and who have signed the 

“General Acknowledgment of Confidentiality and Agreement to Be Bound by Protective 

Order” (Exhibit A-1); 

(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 “Expert/Consultant 

Acknowledgment of Confidentiality and Agreement to Be Bound by Protective Order” 

(Exhibit A-2); 

(d) the Court and its personnel; 

(e) court reporters and their staff, professional jury or trial consultants, mock jurors, 

and Professional Vendors to whom disclosure is reasonably necessary for this litigation and 

who have signed the appropriate acknowledgment and agreement to be bound (Exhibit A-1 or 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 10 of 21
 10 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

A-2, as appropriate); 

(f) during their depositions, witnesses in the action to whom disclosure is reasonably 

necessary and who have signed the appropriate acknowledgment and agreement to be bound 

(Exhibit A-1 or A-2), unless otherwise agreed by the Designating Party or ordered by the 

Court. 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 or recipient of a document containing the information or a custodian or 

other person who otherwise possessed or knew the information. 

7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 

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 

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to those individuals 

identified in paragraphs 7.2(a), (c), and (d). 

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 

IN OTHER LITIGATION

If a Party is served with a subpoena or a court order issued in other litigation that 

compels disclosure of any information or items designated in this action as 

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that 

Party must: 

(a) promptly notify in writing the Designating Party. Such notification shall include a 

copy of the subpoena or court order; 

(b) promptly notify in writing the party who caused the subpoena or order to issue in 

the other litigation that some or all of the material covered by the subpoena or order is subject 

to this Protective Order. Such notification shall include a copy of this Stipulated Protective 

Order; and 

(c) cooperate with respect to all reasonable procedures sought to be pursued by the 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 11 of 21
 11 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Designating Party whose Protected Material may be affected. 

If the Designating Party timely seeks a protective order, the Party served with the 

subpoena or court order shall not produce any information designated in this action as 

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before 

a determination by the court from which the subpoena or order issued, unless the Party has 

obtained the Designating Party’s permission. The Designating Party shall bear the burden and 

expense of seeking protection in that court of its confidential 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. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 

PRODUCED IN THIS LITIGATION

(a) The terms of this Order are applicable to information produced by a Non-Party in 

this action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 

ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in connection with 

this litigation is protected by the remedies and relief provided by this Order. Nothing in these 

provisions should be construed as prohibiting a Non-Party from seeking additional protections. 

(b) In the event that a Party is required, by a valid discovery request, to produce a NonParty’s confidential information in its possession, and the Party is subject to an agreement with 

the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 

(1) promptly notify in writing the Requesting Party and the Non-Party that some or all 

of the information requested is subject to a confidentiality agreement with a Non-Party; 

(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in 

this litigation, the relevant discovery request(s), and a reasonably specific description of the 

information requested; and 

(3) make the information requested available for inspection by the Non-Party. 

(c) If the Non-Party fails to object or seek a protective order from this Court within 14 

days of receiving the notice and accompanying information, the Receiving Party may produce 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 12 of 21
 12 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

the Non-Party’s confidential information responsive to the discovery request. If the Non-Party 

timely seeks a protective order, the Receiving Party shall not produce any information in its 

possession or control that is subject to the confidentiality agreement with the Non-Party before 

a determination by the Court. Absent a court order to the contrary, the Non-Party shall bear the 

burden and expense of seeking protection in this Court of its Protected Material. 

10. 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 unauthorized 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 

appropriate acknowledgment and agreement to be bound (Exhibit A-1 or A-2). 

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 

PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain inadvertently 

produced material is subject to a claim of privilege or other protection, the obligations of the 

Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 

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. 

12.3 Filing Protected Material. Without written permission from the Designating 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 13 of 21
 13 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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. Protected Material may 

only be filed under seal pursuant to a court order authorizing the sealing of the specific 

Protected Material at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only 

upon a request establishing that the Protected Material at issue is privileged, protectable as a 

trade secret, or otherwise entitled to protection under the law. If a Receiving Party's request to 

file Protected Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the Court, 

then the Receiving Party may file the information in the public record pursuant to Civil Local 

Rule 79-5(e) unless otherwise instructed by the Court. 

13. FINAL DISPOSITION

Within 60 days after the final disposition of this action, as defined in paragraph 4, each 

Receiving Party must return all Protected Material to the Producing Party or destroy such 

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

compilations, summaries, and any other format reproducing or capturing any of the Protected 

Material. 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 60 day deadline that (1) confirms that all the Protected Material 

was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 

abstracts, compilations, summaries or any other format reproducing or capturing any of the 

Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 

copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 

correspondence, deposition and trial exhibits, expert reports, attorney work product, and 

consultant and expert 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). 

 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 14 of 21
 14 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Dated: June 14, 2017 By: /s/ Jill M. Manning 

 Jill M. Manning 

STEYER LOWENTHAL BOODROOKAS 

 ALVAREZ & SMITH LLP 

Allan Steyer (Bar No. 100318) 

Jill M. Manning (Bar No. 178849) 

D. Scott Macrae (Bar No. 104663) 

One California Street, Suite 300 

San Francisco, CA 94111 

Telephone: (415) 424-3400 

asteyer@steyerlaw.com 

jmanning@steyerlaw.com 

smacrae@steyerlaw.com 

PEARSON, SIMON & WARSHAW, LLP 

Bruce L. Simon (Bar No. 96241) 

Daniel L. Warshaw (Bar No. 185365) 

Alexander L. Simon (Bar No. 305734) 

44 Montgomery Street, Suite 2450 

San Francisco, California 94104 

Telephone: (415) 433-9000 

bsimon@pswlaw.com 

dwarshaw@pswlaw.com 

asimon@pswlaw.com 

FRIEDMAN OSTER & TEJTEL PLLC 

David F.E. Tejtel (admitted pro hac vice) 

240 East 79th Street, Suite A 

New York, NY 10075 

Telephone: (646) 661-5881 

dtejtel@fotpllc.com 

CALDWELL CASSADY & CURRY 

Bradley W. Caldwell (admitted pro hac vice) 

Jason D. Cassady (admitted pro hac vice) 

John Austin Curry (admitted pro hac vice) 

2101 Cedar Springs Road, Suite 000 

Dallas, TX 75201 

Telephone: (214) 888-4848 

bcaldwell@caldwellcc.com 

jcassady@caldwellcc.com 

acurry@caldwellcc.com 

Counsel for Plaintiffs 

and Proposed Lead Counsel for the Class

 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 15 of 21
 15 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Dated: June 14, 2017 By: /s/ Kristin Sheffield-Whitehead

 Kristin I. Sheffield-Whitehead 

KIRKLAND & ELLIS LLP 

Elizabeth L. Deeley (Bar No. 230798) 

Kristin I. Sheffield-Whitehead (Bar No. 304635) 

555 California Street 

San Francisco, California 94104 

Telephone: (415) 439-1400 

elizabeth.deeley@kirkland.com 

kwhitehead@kirkland.com 

JOSEPH A. LOY (admitted pro hac vice) 

KIRKLAND & ELLIS LLP 

601 Lexington Avenue 

New York, New York 10022 

Telephone: (212) 446-4800 

joseph.loy@kirkland.com 

Attorneys for Defendant 

Apple Inc.

 IT IS SO ORDERED. 

DATED: June 14, 2017 

 ________________________________________ 

 NATHANAEL COUSINS 

 UNITED STATES DISTRICT COURT 

 MAGISTRATE JUDGE 

 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 16 of 21
 16 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

EXHIBIT A-1 

GENERAL ACKNOWLEDGMENT OF CONFIDENTIALITY AND AGREEMENT TO 

BE BOUND BY PROTECTIVE ORDER 

I, ______________________________, declare under penalty of perjury that I have 

read in its entirety and understand the Stipulation and Protective Order that was issued by the 

United States District Court for the Northern District of California on 

____________________, 201 __ in the case of Grace et al. v. Apple Inc., Case No. 17-cv00551 LHK, pending in the Northern District of California. 

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

any person or entity except in strict compliance with the provisions of the Stipulation and 

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 Stipulation and 

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

Executed on ____________________ at ____________________. 

 ________________________________________ 

 Name: 

 

 Address: 

 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 17 of 21
 17 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

EXHIBIT A-2 

EXPERT/CONSULTANT ACKNOWLEDGMENT OF CONFIDENTIALITY AND 

AGREEMENT TO BE BOUND BY PROTECTIVE ORDER 

I, ______________________________, declare: 

1. I reside at ______________________________. 

2. I have read the Stipulation and Protective Order (“Order”) in Grace et al. v. 

Apple Inc., Case No. 17-cv-00551 LHK, pending in the Northern District of California. 

3. I am familiar with the contents of the Order and agree to comply and be bound 

by the provisions thereof. 

4. I will not divulge to persons other than those specifically authorized by the 

Order, and will not copy or use except solely for the purposes of this litigation and only as 

expressly permitted by the terms of the Order, any Protected Material obtained pursuant to the 

Order. 

5. By signing below, I hereby agree to submit to the jurisdiction of the United 

States District Court for the Northern District of California for resolving any and all disputes 

regarding the Order and this Acknowledgment of Confidentiality. I further agree that any and 

all disputes regarding the Order and this Acknowledgment of Confidentiality shall be governed 

by the laws of the State of California, and that the district court for the Northern District of 

California shall be the sole and exclusive venue for resolving any disputes arising from the 

Order and this Acknowledgment of Confidentiality. 

6. By signing below, I hereby confirm that I am not currently and do not currently 

anticipate becoming an officer, director, or employee of, providing any form of consulting 

services to, or becoming involved in any competitive decision-making on behalf of any entity 

on the Restricted Competitors List with respect to the subject matter of this suit (including any 

messaging, tablet, or mobile phone applications, products, or services). I further agree that: (1) 

during the pendency of these proceedings I shall not accept any position as an employee, 

officer, or director of any entity on the Restricted Competitors List; (2) for the two years 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 18 of 21
 18 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

following the close of expert discovery or during the pendency of these proceedings, 

whichever is shorter, I shall not consult with, or provide services to any entity on the Restricted 

Competitors List; and (3) I shall not at any time, either during the pendency of these 

proceedings or after conclusion of these proceedings, use or divulge any Protected Material 

made available to me pursuant to the Order. 

I declare under penalty of perjury under the laws of the State of California that the 

foregoing is true and correct. 

Executed on ____________________ at ____________________. 

 ________________________________________ 

 Name: 

 

 Address: 

 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 19 of 21
 19 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

FILER’S ATTESTATION 

Pursuant to Civil L.R. 5-1(i)(3), I hereby attest that concurrence in the filing of this 

document has been obtained from each of the above signatories. 

Dated: June 14, 2017 By: /s/ Jill M. Manning Jill M. Manning 

 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 20 of 21
 20 5:17-cv-00551-LHK

STIPULATED PROTECTIVE ORDER 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

CERTIFICATE OF SERVICE 

On June 14, 2017, I electronically filed the foregoing with the Clerk of the Court by 

using the CM/ECF system which will send notice of electronic filing to all persons registered 

for ECF. All copies of documents required to be served by Fed. R. Civ. P. 5(a) and L.R. 5-1 

have been so served. 

 By: /s/ Linda Rorem 

 Linda Rorem 

 

 

Case 5:17-cv-00551-LHK Document 61 Filed 06/14/17 Page 21 of 21