Federal Trade Commission v. Directv, Inc. et al

Northern District of California, cand-4:2015-cv-01129

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{39}} Proposed Stipulated Protective Order Regarding Confidential Materials.

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4 1 Jonathan E. Nuechterlein CHAD S. HUMMEL (Bar No. CA 139055) General Counsel E-mail: CHummel@manatt.com 2 CLAYTON S. FRIEDMAN (Bar No. CA Eric D. Edmondson, D.C. Bar No. 450294 245513) 3 Erika Wodinsky, Cal. Bar No. 091700 E-mail: CFriedman@manatt.com MICHAEL YAGHI (Bar No. CA 202720) Jacob A. Snow, Cal. Bar No. 270988 E-mail: MYaghi@manatt.com 4 Boris Yankilovich, Cal Bar No. 257887 MANATT PHELPS & PHILLIPS, LLP 5 901 Market Street, Suite 570, 11355 West Olympic Boulevard San Francisco, CA 94103 Los Angeles, CA 90064-1614 6 (415) 848-5100 / (415) 848-5184 (fax) Telephone: (310) 312-4000 eedmondson@ftc.gov; ewodinsky@ftc.gov; Facsimile: (310) 312-4224 7 jsnow@ftc.gov; byankilovich@ftc.gov CHRISTIAN E. BAKER (Bar No. CA 247006) 8 E-mail: CBaker@manatt.com Raymond E. McKown, Cal. Bar No. 150975 MANATT, PHELPS & PHILLIPS, LLP 9 Stacy Procter, Cal. Bar No. 221078 One Embarcadero Center, 30th Floor 10877 Wilshire Blvd., Suite 700, San Francisco, CA 94111 10 Telephone: (415) 291-7400 Los Angeles, CA 90024 (310) 824-4343 / (310) 824-4380 (fax) Facsimile: (415) 291-7474 11 rmckown@ftc.gov; sprocter@ftc.gov 12 Attorneys for Defendants DIRECTV and DIRECTV, LLC Attorneys for Plaintiff 13 Federal Trade Commission 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 FEDERAL TRADE COMMISSION, Plaintiff, Case No. 15-cv-01129-HSG 18 19 v. [PROPOSED] STIPULATED PROTECTIVE ORDER REGARDING 20 DIRECTV, CONFIDENTIAL MATERIALS a corporation, 21 and 22 DIRECTV, LLC, 23 a limited liability company, 24 Defendants. 25 26 Having (i) met and conferred regarding the appropriate level of protection for 27 confidential materials elicited or produced during the proceeding of this action, (ii) reviewed the 28 [PROPOSED] STIPULATED PROTECTIVE ORDER - 15-CV-01129-HSG Page 1 of 12 4 1 Northern District of California's Model Protective Order for Standard Litigation, adopting the 2 Model Order's provisions where appropriate and modifying them where necessary to 3 accommodate the unique circumstances of this action, (iii) and worked diligently and 4 cooperatively to resolve any differences between the parties and to arrive at a jointly-stipulated 5 proposal, the parties hereby submit the following Proposed Stipulated Protective Order 6 Regarding Confidential Materials. 7 1. PURPOSE AND LIMITATIONS: Disclosure and discovery activity in this action will 8 involve the production of confidential, proprietary, or private information for which special 9 protection from public disclosure and from use for any purpose other than prosecuting this 10 litigation is warranted. Accordingly, Plaintiff Federal Trade Commission ("FTC") and 11 Defendants DIRECTV and DIRECTV, LLC ("Defendants") hereby stipulate to and petition the 12 Court to enter this Stipulated Protective Order Regarding "Confidential" Materials (the "Order"), 13 as defined herein. The Parties acknowledge that this Order does not confer blanket protections 14 on all disclosures or responses to discovery and that the protection it affords from public 15 disclosure and use extends only to the information or items that are entitled to confidential 16 treatment under applicable legal principles. The Parties further acknowledge that this Order does 17 not automatically entitle them to file confidential information under seal; Civil Local Rule 79-5 18 sets forth the procedures that must be followed and the standards that will be applied when a 19 Party seeks permission from the Court to file under seal. 20 2. DEFINITIONS: As used in this Order: 21 a. "Materials" shall refer to any document, writing, recording, transcript of oral 22 testimony, recorded or graphic matter, tangible object, and electronically stored 23 information, or to any portion of the foregoing. Any Materials disclosed, 24 provided, produced, or filed in this proceeding by any Person, whether a Party or 25 Non-Party, that contain (1) Sensitive Personal Information as defined in 26 paragraph 3, or (2) trade secrets or other competitively sensitive information (such 27 as confidential research, development, technical, commercial, or financial 28 information) not otherwise publicly accessible or available, as well as any [PROPOSED] STIPULATED PROTECTIVE ORDER - 15-CV-01129-HSG Page 2 of 12 4 1 information that discloses the substance of the contents of such Materials, may be 2 designated as Confidential by any Party or by the Non-Party that discloses, 3 produces, provides, or files the Materials. 4 b. "Non-Party" shall refer to any Person who is not a Party. 5 c. "Party" shall refer to any party to this action, including all of its officers, 6 directors, employees, and contractors. 7 d. "Person" shall refer to any natural person, partnership, corporation, association, or 8 governmental or other legal entity, including, but not limited to, each Party and 9 any Non-Party. 10 e. "Sensitive Personal Information" shall include a Person's Social Security number, 11 taxpayer identification number, date of birth (other than year), home address, 12 driver's license number or other state identification number (or a foreign country 13 equivalent), passport number, personal financial information, such as bank 14 account, credit card, or debit card number(s), and medical records or other 15 information relating to the Person's treatment of physical or mental health or 16 condition or to the provision of or payment for health care to the Person. 17 3. CONFIDENTIAL MATERIALS: Consistent with Fed. R. Civ. P. 26(c), any Materials 18 disclosed, provided, produced, or filed in this proceeding by any Party or Non-Party that contain 19 (1) Sensitive Personal Information, or (2) trade secrets or other competitively sensitive 20 information (such as confidential research, development, technical, commercial, or financial 21 information) not otherwise publicly accessible or available, as well as any information that 22 discloses the substance of the contents of such Materials, may be designated as Confidential by 23 any Party or by the Non-Party that discloses, produces, provides, or files the Materials. The 24 designating Party or Non-Party may designate as Confidential only those portions of Materials 25 that qualify for Confidential treatment under this Order. A designation that Materials are 26 Confidential shall constitute a representation by the designating Party or Non-Party, in good 27 faith and after careful determination, that the designated Materials, or portion thereof, are 28 eligible for such designation pursuant this Order. Such designated Materials, as well as any [PROPOSED] STIPULATED PROTECTIVE ORDER - 15-CV-01129-HSG Page 3 of 12 4 1 information that discloses the substance or contents of such Materials, shall be treated as 2 Confidential pursuant to and to the extent permitted by this Order. 3 4. Sensitive Personal Information shall be afforded all the protections of this Order 4 afforded to other Confidential Materials, and also shall be secured by any receiving Party or 5 Non-Party in such a manner as to minimize the possibility of disclosure, intentional or 6 unintentional, to unauthorized Persons, including the physical storage thereof in a secure area or 7 law office, the electronic storage thereof on a password-protected computer or system which 8 may be accessed only by Persons authorized to have access to the Sensitive Personal 9 Information pursuant to the terms of this Order, and the transmission thereof only to other 10 authorized Persons by a trackable method with restricted delivery to such Persons. 11 5. Any Party or Non-Party who, as part of this proceeding, discloses, provides, or produces 12 to any other Party, or files with the Court, materials that are Confidential under this Order shall 13 designate such Materials as Confidential at the time of the disclosure, provision, production, or 14 filing. Materials shall be designated as Confidential by placing on or affixing to the document 15 or other medium containing Confidential Material (in such manner as will not interfere with the 16 legibility thereof), or, if an entire folder or box of documents is confidential, by placing or 17 affixing to that folder or box, the designation "CONFIDENTIAL – FTC v. DIRECTV., Case 18 No. 15-cv-01129-HSG," or any other appropriate notice that identifies this proceeding, together 19 with an indication of the portion or portions of the document considered to be Confidential 20 Material. Confidential Materials contained in electronic documents may also be designated as 21 confidential by placing the designation "CONFIDENTIAL – FTC v. DIRECTV, Case No. 15- 22 cv-01129-HSG," or any other appropriate notice that identifies this proceeding, on the face of 23 the CD or DVD or other medium on which the document is produced. Masked or otherwise 24 redacted copies of Materials may be produced where the portions masked or redacted contain 25 privileged matter, provided that the copy produced shall indicate at the appropriate point that 26 portions have been masked or redacted and the reasons therefor. 27 6. Notwithstanding paragraph 5, if during a deposition in this proceeding, a deponent (or 28 the deponent's counsel) fails to designate as Confidential appropriate portions of the deponent's [PROPOSED] STIPULATED PROTECTIVE ORDER - 15-CV-01129-HSG Page 4 of 12 4 1 deposition testimony on the record during the course of or at the close of the deposition, the 2 deponent (or the deponent's counsel) may, no later than ten days after the deposition transcript 3 becomes available to the deponent, designate as Confidential those portions of the transcript that 4 contain Confidential Materials. The Confidential designation may be accomplished by marking 5 "CONFIDENTIAL" every page of the transcript that contains Confidential Materials, notifying 6 all Parties of the transcript page and line numbers of the pages deemed to be Confidential, and 7 marking the first and last such pages of such ranges as "CONFIDENTIAL – START" and 8 "CONFIDENTIAL – END," respectively. Until the earlier of the expiration of this ten-day 9 period or the Confidential designation, the entire deposition transcript shall be treated as 10 Confidential. 11 7. Notwithstanding paragraph 5, any Party, within thirty days of receiving Confidential 12 Materials from a Non-Party as part of this proceeding, may designate such Materials as 13 Confidential. Until the earlier of the expiration of this thirty-day period or the Confidential 14 designation, such Materials shall be treated as Confidential. 15 8. With respect to all Materials provided for inspection by a Party or its counsel, all 16 Confidential Materials shall be stamped "CONFIDENTIAL – FTC v. DIRECTV., Case No. 15- 17 cv-01129-HSG" by the Party or Non-Party desiring such designation, or otherwise designated 18 by such Party or Non-Party in writing, within thirty days of production. Until the end of such 19 thirty-day period, the document production will be deemed to be designated Confidential in its 20 entirety under the terms of this Order. A designation of Confidential by stamping or labeling 21 need not be made until after counsel for the inspecting party has inspected the Materials and 22 selected Materials to be copied. Making Materials available for inspection shall not constitute a 23 waiver of any claim to designate such Materials as Confidential, and all Materials provided for 24 inspection by a Party's or Non-Party's counsel shall be treated as though designated 25 Confidential at the time of inspection. 26 9. Any Party or Non-Party who previously disclosed, provided, or produced to or filed with 27 the FTC, as part of Federal Trade Commission Matter Number 1023141, Materials entitled to 28 confidentiality under the Federal Trade Commission Act, or any other federal statute or [PROPOSED] STIPULATED PROTECTIVE ORDER - 15-CV-01129-HSG Page 5 of 12 4 1 regulation, or under any federal court or FTC precedent interpreting such statute or regulation, 2 may, within ninety days of entry of this Order, designate any such Materials as Confidential to 3 the extent permitted by this Order. This designation may be accomplished by notifying all 4 Parties of the Bates ranges (or other identifying information) of such Materials that are to be 5 designated Confidential. Until the earlier of the expiration of this ninety-day period or the 6 Confidential designation, such Materials shall be treated as Confidential. 7 10. The disclosure of Confidential Materials or information that discloses the substance of 8 the contents of Confidential Material (including through any writing or communication 9 reproducing, paraphrasing, or otherwise disclosing the content of Confidential Materials) shall 10 be limited to the following Persons: 11 a. The Court presiding over this proceeding and related officials involved in this 12 proceeding or any other related proceeding (such as appellate review of this 13 proceeding) in which the Confidential Materials are used, including judges, 14 magistrates, commissioners, referees, jurors, court reporters and Persons 15 preparing transcripts of testimony, and other personnel of the Court. 16 b. The FTC, including its Commissioners, counsel, staff, employees, and agents 17 (including consultants not covered under Subparagraph 10(e) below), as well as 18 contractors assisting the FTC in the preparation or hearing of this proceeding 19 under the direction and control of the FTC, its Commissioners, counsel, staff, 20 employees, or agents. 21 c. Defendants' outside counsel of record in this proceeding, as well as their 22 associated attorneys and other employees or contractors assisting such counsel in 23 the preparation or hearing of this proceeding under the direction and control of 24 such counsel; provided, however, that no such Person shall be an officer, 25 director, or employee of any Defendant. 26 d. The following three individuals, who are in-house legal counsel at DIRECTV: 27 Robin Rogers, Christopher Murphy, and Ted Suzuki. 28 e. Any independent experts or consultants retained or consulted by the parties in [PROPOSED] STIPULATED PROTECTIVE ORDER - 15-CV-01129-HSG Page 6 of 12 4 1 this proceeding, including the employees of such experts or consultants who are 2 assigned to assist such experts or consultants, in connection with services in the 3 preparation or hearing of this proceeding. 4 f. Any Person who, based on a good faith and objectively reasonable belief or 5 understanding of counsel of record for the disclosing party, created, sent, 6 received or reviewed the Confidential Materials, or who has had access to the 7 Confidential Materials independent of this proceeding. 8 g. Any trial or deposition witness and the witness's counsel, if the Confidential 9 Materials are, based on a good faith and objectively reasonable belief or 10 understanding of counsel of record for the disclosing party, reasonably related to 11 the witness's testimony. 12 h. Any Person designated by the Court in the interest of justice, upon such terms as 13 the Court deems proper. 14 11. Prior to disclosing Confidential Materials to any Person on the basis of subparagraph 15 10(d), 10(e), 10(f), or 10(g), the disclosing Party shall provide to such Person a copy of this 16 Order and obtain from such Person a signed statement in the form attached hereto as Exhibit A. 17 Such signed statement shall be retained by counsel for the disclosing Party and need not be filed 18 with the Court or served upon opposing counsel, unless requested for good cause or ordered by 19 the Court. A Person's refusal or practical inability to sign this statement, after the disclosing 20 Party's good faith effort to secure signature, shall not restrict the disclosing Party (or its 21 counsel) from disclosing the materials to the Person during trial, deposition, or other discovery 22 or pretrial proceeding; provided, however, that the disclosing Party (or its counsel) shall serve 23 on or provide to the Person a copy of this Order before the disclosure, and, in the case of the 24 Person's refusal, makes a record of the Person's refusal to sign, or, in the case of 25 impracticability, makes a good faith attempt to obtain the Person's signature after the 26 disclosure. 27 12. Disclosure of Confidential Materials, or information that discloses the substance of the 28 contents of Confidential Materials, to any Person described in Paragraph 10 of this Order shall [PROPOSED] STIPULATED PROTECTIVE ORDER - 15-CV-01129-HSG Page 7 of 12 4 1 be only for the purposes of the preparation and hearing of this proceeding, or any appeal 2 therefrom, and for no other purpose whatsoever. Any such receiving Person to whom 3 Confidential Materials are disclosed in this proceeding shall: (a) read this Order; (b) use such 4 Confidential Materials, or information that discloses the substance of the contents of 5 Confidential Materials, only for purposes permitted by this Order; and (c) not disclose or 6 divulge the content of Confidential Materials, or information that discloses the substance of the 7 contents of Confidential Materials, other than as permitted by this Order. However, nothing 8 contained in this Order shall be construed as imposing these or any other obligations on the 9 Court or court personnel. 10 13. Nothing in this Order shall restrict the use of Confidential Materials outside of this 11 litigation by any Person, or the disclosure of Confidential Materials to any Person (or that 12 Person's counsel), who: (a) originally disclosed, provided, or produced such Materials in this 13 proceeding; (b) has had such Materials in its possession, custody, or control independent of this 14 proceeding or Federal Trade Commission Matter Number 1023141; or (c) has discovered such 15 materials independent of this proceeding or Federal Trade Commission Matter Number 16 1023141. 17 14. In addition to paragraph 13, nothing in this Order shall restrict the use or disclosure of 18 Confidential Materials by the FTC, subject to taking appropriate steps to preserve the 19 confidentiality of such Materials: (1) as provided by the FTC's Rules of Practice, 16 C.F.R. 20 §0.1, et seq., and any cases construing them, or Sections 6(f) and 21 of the Federal Trade 21 Commission Act and any cases construing them; or (2) pursuant to any other legal obligation 22 imposed upon the FTC. To the extent required by applicable laws or regulations, the FTC shall 23 provide prior notice of such use or disclosure to the designating Person. 24 15. Without written permission from the Party or Non-Party who designated the Materials 25 Confidential or an order of the Court, a Party may not file in the public record in this action any 26 Confidential Materials. Instead, a Party that seeks to file Confidential Material must comply 27 with Civil Local Rule 79-5, including its provisions for filing Materials under seal. For 28 Materials designated Confidential by a Non-Party, the Party seeking their filing shall provide to [PROPOSED] STIPULATED PROTECTIVE ORDER - 15-CV-01129-HSG Page 8 of 12 4 1 that designating Non-Party advance notice of at least three days (excluding Saturdays, Sundays, 2 and legal holidays defined under Fed. R. Civ. P. 6) before filing an Administrative Motion to 3 File Under Seal under Rule 79-5(d). If the designating Non-Party agrees in writing to withdraw 4 its Confidential designation from the Materials at issue or to otherwise permit their filing in the 5 public records, such Materials may be filed in the public record and shall no longer be treated as 6 Confidential in this proceeding. 7 16. Nothing in this Order shall be construed to affect in any way the admissibility of any 8 Materials, testimony, or any other evidence in this proceeding. This Order shall have no effect 9 upon, and its scope shall not extend to, any Party's use of its own discovery Materials in this 10 proceeding. 11 17. Any Party or Non-Party who designates any Materials as Confidential pursuant to this 12 Order may consent to the removal of such designation by so notifying counsel of record for the 13 other Parties in writing, after which time such Materials shall no longer be treated as 14 Confidential in this proceeding. Any Party or Non-Party that, acting in good faith, inadvertently 15 or mistakenly designates Materials as Confidential may withdraw that designation so notifying 16 counsel of record for the other parties in writing immediately after discovering the erroneous 17 designation, after which time such Materials shall no longer be treated as Confidential in this 18 proceeding. 19 18. Any Party may challenge a designation of any Materials as Confidential and request 20 removal of the designation as follows: 21 a. The Party seeking such removal shall give the Party or Non-Party who 22 designated the Materials as Confidential written notice thereof specifying the 23 Materials as to which such removal is sought and the reason for the request. 24 b. If the Parties and/or Non-Party cannot reach agreement concerning the matter 25 within fifteen days after such notice, then the Party requesting the removal of the 26 designation as Confidential may file and serve a motion for an order of the Court 27 directing that the designation be removed. 28 c. For Confidential Materials other than Sensitive Personal Information, the Party [PROPOSED] STIPULATED PROTECTIVE ORDER - 15-CV-01129-HSG Page 9 of 12 4 1 or Non-Party desiring to maintain their designation as Confidential shall have the 2 burden of establishing grounds for such treatment. The burden of establishing 3 that any Sensitive Personal Information should not be designated Confidential 4 shall be upon the party seeking to remove the designation. 5 19. Neither the taking of any action in accordance with the provisions of this Order, nor the 6 failure to object thereto, shall be construed as a waiver of any claim or defense in this 7 proceeding. Moreover, the failure to designate Materials as Confidential in accordance with 8 this Order and the failure to object to such designation at a given time shall not preclude the 9 filing of a motion at a later date seeking to impose such designation or challenging the propriety 10 thereof. The entry of this Order shall neither be construed as a waiver of any Person's right to 11 object to the furnishing of Materials in response to discovery in this proceeding, nor relieve any 12 Person of the obligation to produce Materials in the course of discovery in this proceeding. 13 20. If a Party or Non-Party through inadvertence discloses, produces, or provides any 14 Confidential Materials without designating them as Confidential as provided in this Order, that 15 Party or Non-Party shall promptly give written notice to the receiving Person that the Materials 16 are Confidential and should be treated as such in accordance with this Order. The receiving 17 Person shall treat such Materials as Confidential from the date it receives such notice. 18 Disclosure of such Materials prior to receipt of such notice to a Person not authorized to receive 19 Confidential Materials shall not be deemed a violation of this Order; however, each Person to 20 whom disclosure has been made is to be advised that the Materials disclosed are Confidential 21 and must be treated in accordance with this Order. 22 21. In the case of any accidental or inadvertent disclosure of Confidential Materials or any 23 other disclosure not in accordance with this Order, the Person responsible for the disclosure (or 24 the Person's counsel) shall promptly notify counsel for the Party or Non-Party who designated 25 the Materials as Confidential, or any such Person who is not represented by counsel, of the 26 disclosure, and shall make every effort to prevent further disclosure, including attempting to 27 retrieve all copies of the Confidential Materials from the recipients thereof, and attempting to 28 secure the agreement of the recipients not to further disseminate the Confidential Materials in [PROPOSED] STIPULATED PROTECTIVE ORDER - 15-CV-01129-HSG Page 10 of 12 4 1 any form. 2 22. At the time that any consultant, expert, or other Person retained to assist a Party's 3 counsel in this proceeding concludes his or her participation in this proceeding, such Person 4 shall return to counsel of record for the retaining Party all copies of Confidential Materials, 5 together with all notes, memoranda, or other papers reproducing, paraphrasing, or otherwise 6 disclosing Confidential Materials, or certify as to their destruction. Furthermore, within thirty 7 days after the completion of this proceeding, all Confidential Materials, including any writing or 8 communication reproducing, paraphrasing, or otherwise disclosing such Confidential Materials, 9 shall be collected by counsel for the receiving Party and either destroyed or returned to the Party 10 or Non-Party who disclosed, produced, or provided the Materials; provided, however, that 11 attorney work product, expert reports, deposition transcripts and other sworn statements, or 12 pleadings reproducing, paraphrasing, or otherwise disclosing Confidential Materials may be 13 retained in counsel's files subject to this Order and providing that such Confidential Materials 14 shall not be used for any purpose outside of those permitted by this Order. For purposes of this 15 Order, this proceeding shall be considered completed when the entire proceeding has been 16 resolved and any related orders have become final and non-appealable. 17 23. All Persons who receive Confidential Materials shall remain under a continuing duty not 18 to disclose such Materials, except as permitted in this Order. This duty shall continue in full 19 force and effect after the completion of this proceeding. However, nothing contained in this 20 Order is intended to be construed as authorizing a Person to disobey a lawful court order or 21 subpoena issued in another proceeding. 22 24. The Parties, in conducting discovery from any Non-Party as part of this proceeding, 23 shall provide to each such Non-Party a copy of this Order so as to inform the Non-Party of the 24 Non-Party's rights and obligations under this Order. 25 25. The Parties reserve their rights to seek, through stipulated agreement or otherwise, 26 additional protections for the use of Confidential Materials at trial. 27 26. In the event that any additional Person becomes a Party to this proceeding, that Person, 28 upon proper notice, shall be bound by this Order unless and until a different Protective Order is [PROPOSED] STIPULATED PROTECTIVE ORDER - 15-CV-01129-HSG Page 11 of 12 4 1 entered with respect to that Person. 2 SO STIPULATED 3 4 Dated: June 23, 2015 /s/ Eric D. Edmondson Eric D. Edmondson 5 Counsel for Plaintiff Federal Trade Commission 6 7 Pursuant to Local Rule 5-1(i), the filer attests that concurrence in the filing of this document 8 has been obtain from the other signatory. 9 10 11 Dated: June 23, 2015 /s/ Chad S. Hummel 12 Chad S. Hummel Counsel for Defendants DIRECTV and 13 DIRECTV, LLC 14 15 16 17 18 IT IS SO ORDERED 19 _________________________________________ Haywood S. Gilliam, Jr. 20 United States District Judge 21 Northern District of California 22 23 24 25 26 27 28 [PROPOSED] STIPULATED PROTECTIVE ORDER - 15-CV-01129-HSG Page 12 of 12 4 1 Jonathan E. Nuechterlein CHAD S. HUMMEL (Bar No. CA 139055) General Counsel E-mail: CHummel@manatt.com 2 CLAYTON S. FRIEDMAN (Bar No. CA Eric D. Edmondson, D.C. Bar No. 450294 245513) 3 E-mail: CFriedman@manatt.com Erika Wodinsky, Cal. Bar No. 091700 MICHAEL YAGHI (Bar No. CA 202720) 4 Jacob A. Snow, Cal. Bar No. 270988 E-mail: MYaghi@manatt.com Boris Yankilovich, Cal Bar No. 257887 MANATT PHELPS & PHILLIPS, LLP 5 901 Market Street, Suite 570, 11355 West Olympic Boulevard San Francisco, CA 94103 Los Angeles, CA 90064-1614 6 Telephone: (310) 312-4000 (415) 848-5100 / (415) 848-5184 (fax) eedmondson@ftc.gov; ewodinsky@ftc.gov; Facsimile: (310) 312-4224 7 jsnow@ftc.gov; byankilovich@ftc.gov 8 CHRISTIAN E. BAKER (Bar No. CA 247006) E-mail: CBaker@manatt.com Raymond E. McKown, Cal. Bar No. 150975 MANATT, PHELPS & PHILLIPS, LLP 9 Stacy Procter, Cal. Bar No. 221078 One Embarcadero Center, 30th Floor 10 10877 Wilshire Blvd., Suite 700, San Francisco, CA 94111 Los Angeles, CA 90024 Telephone: (415) 291-7400 11 (310) 824-4343 / (310) 824-4380 (fax) Facsimile: (415) 291-7474 rmckown@ftc.gov; sprocter@ftc.gov 12 Attorneys for Defendants DIRECTV and DIRECTV, LLC 13 Attorneys for Plaintiff Federal Trade Commission 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 FEDERAL TRADE COMMISSION, 18 Plaintiff, Case No. 15-cv-01129-HSG 19 v. ACKNOWLEDGMENT OF [PROPOSED] STIPULATED 20 DIRECTV, PROTECTIVE ORDER REGARDING 21 a corporation, CONFIDENTIAL MATERIALS and 22 DIRECTV, LLC, 23 a limited liability company, 24 Defendants. 25 26 By undersigning, I acknowledge that have received and read the Protective Order entered 27 by the Court in the above-captioned case on _________________ [date] and I agree to be bound 28 ACKNOWLEDGMENT OF [PROPOSED] STIPULATED PROTECTIVE ORDER - 15-CV-01129-HSG 1 4 1 by the terms of that Protective Order. 2 As a condition to my receipt or review of any Materials designated Confidential pursuant 3 to that Protective Order, I hereby agree that the Protective Order shall be deemed to be directed 4 to and shall include me, and that I shall observe and comply with all of its provisions. I further 5 understand and agree that I am not permitted to use, and I shall not use, Confidential Materials 6 7 for any purpose other than those permitted under the Protective Order. 8 9 Date: _________________ Signature: _______________________ 10 11 12 Printed Name: ____________________ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ACKNOWLEDGMENT OF [PROPOSED] STIPULATED PROTECTIVE ORDER - 15-CV-01129-HSG 2