Case 3:18-cr-04683-GPC Document 195-1 Filed 07/02/20 PageID.1983 Page 1 of 6
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`ROBERT S. BREWER, JR.
`United States Attorney
`MELANIE K. PIERSON
`Assistant U.S. Attorney
`California Bar No. 112520
`Office of the U.S. Attorney
`880 Front Street, Room 6293
`San Diego, CA 92101
`Tel: (619) 546-7976
`Fax: (619) 546-0631
`Email: Melanie.Pierson@usdoj.gov
`
`Attorneys for the United States
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF CALIFORNIA
`
`UNITED STATES OF AMERICA,
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`
`
`Plaintiff,
`Case No. 18-CR-4683-GPC
`
`
`v.
`
`Hon. Gonzalo P. Curiel
`
`
`JACOB BYCHAK,
`
`STIPULATION FOR PROTECTIVE
`MARK MANOOGIAN,
`ORDER FOR RESTRICTED
`MOHAMMED ABDUL QAYYUM,
`MATERIAL
`and PETR PACAS,
`
`
`Defendants.
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`Plaintiff United States of America, by and through its counsel of record, the United
`States Attorney, and defendants Jacob Bychak, Mark Manoogian, Mohammed Abdul
`Qayyum, and Petr Pacas (collectively "defendants"), by and through their counsel of
`record, anticipate that documents and other information disclosed in connection with this
`case ("Material") by the government to defendants may contain confidential, trade secret
`or proprietary information of Amobee, Inc. ("Amobee"). The parties hereby stipulate as
`follows:
`
`identified to the government by Amobee as containing
`Any Material
`1.
`confidential, trade secret, or proprietary information shall be marked by the government on
`the first page with the legend "RESTRICTED" at the time the documents are made
`available for examination and when copies are produced to defendants. Any Material that
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`Case 3:18-cr-04683-GPC Document 195-1 Filed 07/02/20 PageID.1984 Page 2 of 6
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`is produced on electronic format may be designated Restricted by marking the medium
`(thumb drive, hard drive, DVD, etc.) “RESTRICTED” or, where this is impracticable, by
`written notice accompanying the production. Material will not be designated Restricted if
`it has previously been made public.
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`Inadvertent failure to designate Material as Restricted may be remedied by
`2.
`supplemental written notice and may be retroactively designated in the same manner and
`shall be treated appropriately from the date written notice of the designation is provided to
`defendants.
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`If defendants contest the government’s designation of any Material as
`3.
`Restricted, defendants may seek review of the designation by the Court.
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`Restricted Material shall not be used or disclosed in connection with any
`4.
`action or for any purpose, except that, solely for the purpose of this litigation, Restricted
`Material may be disclosed to and reviewed by only the following persons:
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`(a) Defendants;
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`their associated attorneys, private
`including
`(b) Defendants’ attorneys,
`investigators, and secretarial, paralegal, clerical and other employees, as well as the United
`States Attorney’s Office for the Southern District of California and secretarial, paralegal,
`clerical and other employees and any law enforcement agents assigned to this case;
`
`(c) The Court, persons employed by the Court, and stenographers transcribing the
`testimony or argument at a hearing, trial or deposition or appeal related to the above-
`captioned matter;
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`(d) Directors, officers or employees of Amobee, as well as Amobee’s counsel;
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`Experts and trial witnesses in this action, as well as anyone working with or
`(e)
`for such experts.
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`5. With respect to persons covered under subsection (d), disclosure may be made
`only after written notice to Amobee’s counsel. With respect to persons covered under
`2
`Protective Order for Restricted Materials
`18cr4683-GPC
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`Case 3:18-cr-04683-GPC Document 195-1 Filed 07/02/20 PageID.1985 Page 3 of 6
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`subsection (e), disclosure of Restricted Material may be made only after such persons
`execute the Memorandum of Understanding attached to the Protective Order. Defendants
`must either serve the executed Memorandum of Understanding on the government or file
`the executed Memorandum of Understanding with the Court, within seven (7) calendar
`days of the disclosure.
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`6. Without written permission from Amobee or a court order, a party (the
`government or any of the defendants) may not file any Restricted Material in the public
`record in this action. The parties agree to seek permission of the court to file any Restricted
`Material relevant to any hearing before the court under seal.
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`7. When not in use, Restricted Material shall be kept in a locked area inaccessible
`to persons who are not authorized access under this Stipulation and the Protective Order.
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`If another court or an administrative agency subpoenas or orders production
`8.
`of any Restricted Material, the parties (the government and defendants) will make
`reasonable efforts to protect the Restricted Material, including promptly notifying Amobee
`and cooperating with Amobee in seeking a protective order.
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`Not later than sixty (60) days after the conclusion of this action including,
`9.
`without limitation, any appeals or the expiration of any time for appeal, counsel for
`defendants shall collect and return to the government all Restricted Material (including all
`copies, extracts, abstracts, charts and summaries thereof).
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`10. This Stipulation and the Protective Order do not apply to the use of Restricted
`Material during a court hearing or trial.
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`11. Except as provided in paragraph 10, the provisions of this Stipulation and the
`Protective Order shall, absent further order of the Court, continue to be binding throughout
`and after the conclusion of this action, including, without limitation, any appeals. The final
`resolution of this case shall not relieve any person who has received Restricted Material
`from the obligations imposed by this Stipulation and the Protective Order, and the Court
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`Protective Order for Restricted Materials
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`3
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`18cr4683-GPC
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`shall retain jurisdiction after such final determination or settlement for the limited purpose
`of enforcing the provisions of this Stipulation and the Protective Order.
`
`Dated: June 16, 2020
`
` Respectfully submitted,
`ROBERT S. BREWER, JR.
`United States Attorney
`
`By
`Melanie K. Pierson
`Assistant United States Attorney
`
`Dated: July 1, 2020
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`BIRD, MARELLA, BOXER, WOLPERT, NESSIM,
`DROOKS, LINCENBERG & RHOW, P.C.
`
`By
`Gary S. Lincenberg
`Naeun Rim
`Attorneys for Petr Pacas
`
`Dated: ____________, 2020
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`WIECHERT, MUNK & GOLDSTEIN, PC
`
`By
`
`David W. Wiechert
`Jessica C. Munk
`William J. Migler
`Attorneys for Jacob Bychak
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`Protective Order for Restricted Materials
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`18cr4683-GPC
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`Case 3:18-cr-04683-GPC Document 195-1 Filed 07/02/20 PageID.1987 Page 5 of 6
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`Case 3:18-cr-04683-GPC Document 195-1 Filed 07/02/20 PageID.1988 Page 6 of 6
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`Dated: ____________, 2020
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`Dated: ____________, 2020
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`MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND
`POPEO, P.C.
`
`
`By
`Randy K. Jones
`Attorney for Mark Manoogian
`
`BIENERT | KATZMAN PC
`
`
`By
`Whitney Z. Bernstein
`Thomas H. Bienert, Jr.
`James Riddet
`Attorneys for Mohammed Abdul Qayyum
`
`Protective Order for Restricted Materials
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`5
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`18cr4683-GPC
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`June 23
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`July 1
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