OrderCal. Super. - 6th Dist.November 23, 2020on 12/7/2020 5:46 PM Reviewed By: R. Burciaga Case #20CV373940 Envelope: 5426267 20CV373940 Santa Clara - Civil R. Burciaga DocuSign Envelope ID: 08521844-9724-4409-AC96-71 16012E39DE ng-ogg ATTORNEY 05: PARTYmum ATrORNEY; STAVE BAR N0~I31 9778 gagmmuseomy NAME: Mannv Siam Theodore Tana (31 3294) “RM WErFRONTiER LAW CENTER STREET ADDRESS:23901 Caiabasas Road. Suite 2074 CW Calabasas STATE: CA zip conagq 3oz TELEPHONE NO‘: (818) 914-3433 FAX N0: (818} 91 4-3433 E-MNL ADDRESS: mannv®fmntieflawcentencom theodore@frontiedawcenter.com ATTORNEY F08 (mo): Piaintiff. J Doe SUPERIOR COURT 0F CAUFORNIA, comm! 0F SANTA CLARA STREET ADDRESS: 191 N‘ First Street MAIUNG ADDRESS: same CHYANDmFCODESanJ03395113 BRANCH NAMEDTS CASE NUMBER; PLAI NTIFF/PETITIONERzJ DOE ZOCV373940 DEFENDANT/RESPONDENT: Lono-Ji Lin‘ et a}. JUDICIAL omcea: OTHER: DEPT' PROPOSED ORDER (COVER SHEET) 6 NOTE: This cover sheet is to be used to electronically fiie and Submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition. a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. 1- Name of the party submitting the proposed order: Plaintiff. J Doe 2. Title of the proposed order: [PROPOSED] TEMPORARY RESTRAINiNG ORDER 3. The proceeding to which the proposed order reiates is: a, Description of proceeding: Ex Pane Anmication for Temporarv Restrainina Order 8. OSC RE Preiimlnarv lniuncfion b. Date and time: December 10. 2020 at 8:30 am 0- “3°91 Department 06 at 191 N. First Street. San Jose, oasafomia 9511 4. The proposed order was served on the other parties in the case. DocuSigned by: Manny Starr }% {TYPE OR PRINT NAME) k-8259009ABWTURE OF PARTY OR ATTORNEY) Pag- 1 of 2 F fat Cal, R l ofCourl.£mwmw PROPosED ORDER (COVER SHEET) m gggz’a‘mz 555-02012“. February 1. 20m (Electronic Filing) m.wuns.ae.pov \DOONONUI-bUJNH NNNNNNNNNr-tr-tr-tr-tr-Kr-tr-tr-tr-tr-t OOQONU‘I-RUJNh-‘OKDOOQONUI-hWNHO Howard L. Magee (State Bar No. 185199) Larry W. Lee (State Bar N0. 228175) Max W. Gavron (State Bar N0. 29 1 697) DIVERSITY LAW GROUP, A Professional Corporation 5 15 South Figueroa Street, Suite 1250 Los Angeles, California 90071 (213) 488-6555 (213) 488-6554 facsimile Filed December 14, 2020 Robert Starr (State Bar No. 183052) Clerk 0f the Court Theodore Tang (State Bar N0. 3 13294) Superior Court 0f CA Manny Starr (State Bar N0. 3 19778) County Of Santa Clara FRONTIER LAW CENTER 200v373940 23901 Calabasas Road, Suite 2074 By: svera Calabasas, California 9 1 302 T: (818) 914-3433 F: (818) 914-3433 Attorneys for Plaintiff J DOE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA J DOE, as an individual, Case N0. 20CV373940 Plaintiff, {PRQPQSEBi-TEMPORARY RESTRAINING ORDER VS. Date: December 10, 2020 ROKU, INC., a Delaware corporation; LONG-JI Time: LIN, an individual, and DOES 1 through 50, Dept: O6 inclusive, Complaint Filed: November 23, 2020 Defendants. Trial Date: None Set Plaintiff s application for Temporary Restraining Order, came before the Court for hearing at the above listed date and time. The Court, having reviewed Plaintiff s application, memorandum, the Declaration ofManny Starr, and the arguments of counsel at the hearing, hereby FINDS AS FOLLOWS: 1 [PROPOSED] TEMPRORARY RESTRAINING ORDER \DOONONUI-bUJNH NNNNNNNNNr-tr-tr-tr-tr-Kr-tr-tr-tr-tr-t OOQONU‘I-RUJNh-‘OKDOOQONUI-hWNHO 1. The conduct sought to be enjoined below if allowed t0 occur, will cause immediate and irreparable injury t0 Plaintiff in that Plaintiff will suffer a Violation the right t0 privacy 0f medical and mental health history; 2. Defendant Roku, Inc. has threatened action that would Violate Plaintiff’ s right t0 privacy 0f medical and mental health history, in a manner that would render judgment ineffectual; 3. Monetary damages are not adequate and effectual at protecting Plaintiff s privacy rights; and 4. Even if the Court were t0 attempt t0 affix an amount of monetary compensation to afford an adequate remedy, the amount of such compensation would be extremely difficult to ascertain. THE COURT FURTHER FINDS that, given Defendant Roku, Inc.’s stated intentions t0 challenge Plaintiff’ s use of a pseudonym, and Defendant Long-Ji Lin’s relationship t0 Defendant Roku, Inc., good cause exists to issue a Temporary Restraining Order Without prior notice to Defendants. THEREFORE, for good cause showing, IT IS HEREBY ORDERED THAT: 1. Defendants Roku, Inc. and Long-Ji Lin are enjoined and restrained from doing any 0f the following: a. Identifying Plaintiff s true name or referring to Plaintiff by any name other than “J Doe” in these court proceedings and/or in any document filed with the court, unless filed under seal; and b. Making any statement to the media, 0r any person other than Defendants, Defendants’ directors, Defendants” officers, Defendants” counsel, Plaintiff, 0r Plaintiff s Counsel that identifies Plaintiff as the individual bringing this lawsuit, unless such disclosure is necessary t0 litigate the action, and then only if such individual agrees in writing to be bound by this order before Plaintiff s identity is disclosed. 2. This Order shall be effective immediately upon service, and shall remain in effect until 2 [PROPOSED] TEMPRORARY RESTRAINING ORDER \DOONONUI-bUJNH NNNNNNNNNr-tr-tr-tr-tr-Kr-tr-tr-tr-tr-t OOQONU‘I-RUJNh-‘OKDOOQONUI-hWNHO , at which time it shall expire without further notice. If the hearing on the Order to Show Cause Re Preliminary Injunction (issued concurrently herewith) is continued for any reason, this order shall be extended to the continued hearing date. 3. Plaintiff shall give notice of this Temporary Restraining Order. IT IS SO ORDERED. Date: Hon. Judge 0f the Superior Court 3 [PROPOSED] TEMPRORARY RESTRAINING ORDER DENIED WITHOUT PREJUDICE. PLAINTIFF MUST PROVIDE NOTICE TO DEFENDANTS OF THEIR REQUEST FOR EX PARTE RELIEF. Signed: 12/9/2020 12:35 PM