Order ProposedCal. Super. - 6th Dist.November 23, 2020ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR No 319778 NAME Manny Starr; Theodore Tang (313294) FIRM NAME FRONTIER LAW CENTER sTREETADDREss 23901 Calabasas Road, Suite 2074 cnv Calabasas sTATE CA zIP coDE 91302 ~ELEP~o~E No (818) 914-3433 Fnx No. (818) 914-3433 E-MAg. AooREss manny@frontierlawcenter.corn, theodore@frontierlawcenter.corn ATTORNEY FOR(name) Plaintiff, J DOE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA ETREETADDREss 191 N. First Street MAILING ADDRESS Same GITY AND zip coDE San Jose, 951 1 3 BRANCH NAME'LAINTIFF/PETITIONER: J DOE DEFENDANT/RESPONDENT: ROKU, INC. and LONG-Jl LIN OTHER: PROPOSED ORDER (COVER SHEET) FOR COI/RT USE ONLY CASE NUMBER 20CV373940 JUDICIAL OFFICER DEPT 19 EFS-020 NOTE: This cover sheet is to be used to electronically file 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 relates is. a. Description of proceeding: Ex Parte Application for Temporary Restraining Order b. Date and time: December 18, 2020 at 8:30 a.m. c Place: Department 19 at 191 N. First Street, San Jose, CA 95113 4. The proposed order was served on the other parties in the case Manny Starr (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATN)RNEY) Page 1 of 2 Form Adopted for Mandatorr Use Judlod Counol of Caldomia EF3420 IRev Feoruars I, 201/) PROPOSED ORDER (COVER SHEET) (Electronic Filing) Cal Rules of Coun, ndes 2 252, 3.1312 www ooolfs oa gos on 12/16/2020 5:00 PM Reviewed By: R. Burciaga Case #20CV373940 Envelope: 5487084 20CV373940 Santa Clara - Civil R. Burciaga CASE NAME: J Doe v. Roku, Inc. CASE NUMBER: 20CV373940 EFS4)20 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. I am at least 18 years old and not a party to this action. My residence or business address is (specify). 23901 Calabasas Road, Suite 2074, Calabasas, California 91302 b. My electronic service address is (spemfy): heather@frontierlawcenter.corn 2 I electronically served the Proposed Order(Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name of person served) (lf the person servedis an attorney, the party or parties represented should a/so be stated.): Attorneys for Defendant Roku, Inc, accepting service for Defendant Long-Ji Lin: Gregory Tenhoff, Joshua Elefant- COOLEY, LLP. 3175 Hanover Street Palo Alto, CA 94304-1130; Co-Counsel for Plaintiff, Howard Magee & Linda Lee, Diversity Law Group, A.P.C (hmagee@diversitylaw.corn; linda@diversitylaw.corn) b. To (electronic service address ofperson served): tenhoffgc@coo)ey.corn; lelefant@cooley corn c. On (date): December 16, 2020 ~x Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: December 16, 2020 Heather Bourne nTPE OR PRINT NAME OF DECLARANT) )SIGNATURE QF DEGLARANT) EFS2120)Rev Feeweu 1,2DIT) PROPOSED ORDER (COVER SHEET) (Electronic Filing) Pape 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Howard L. Magee (State Bar No. 185199) Larry W. Lee (State Bar No. 228175) Max W. Gavron (State Bar No. 291697) DIVERSITY LAW GROUP, A Professional Corporation 515 South Figueroa Street, Suite 1250 Los Angeles, California 90071 (213) 488-6555 (213) 488-6554 facsimile Robert Starr (State Bar No. 183052) Theodore Tang (State Bar No. 313294) Manny Starr (State Bar No. 319778) FRONTIER LAW CENTER 23901 Calabasas Road, Suite 2074 Calabasas, California 91302 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 16 17 18 19 20 21 22 23 24 J DOE, as an individual, Plaintiff, vs. ROKU, INC., a Delaware corporation; LONG-JI LIN, an individual, and DOES I through 50, inclusive, Defendants. Case No. 20CV373940 [PROPOSED] TEMPORARY RESTRAINING ORDER Date: December 18, 2020 Time: 8:30 am Dept: 19 Complaint Filed: November 23, 2020 Trial Date: None Set 25 26 27 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 of Manny Starr, and the arguments of counsel at the hearing, hereby FINDS AS FOLLOWS: [PROPOSED] TEMPRORARY RESTRAINING ORDER 1. The conduct sought to be enjoined below if allowed to occur, will cause immediate and irreparable injury to Plaintiff in that Plaintiff will suffer a violation the right to privacy of medical and mental health history; 2. Defendant Roku, Inc. has threatened action that would violate Plaintiff's right to privacy of 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 10 12 13 14 rights; 4. Even if the Court were to attempt to affix an amount of monetary compensation to afford an adequate remedy, the amount of such compensation would be extremely difficult to ascertain; 5. Referring to Plaintiff as J DOE, especially until such time as an order to show cause may be heard, will not prejudice Defendants or cause them any injury. 15 16 17 18 19 20 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 of 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 21 22 23 24 25 26 b. Making any statement to the media, or any person other than Defendants, Defendants'irectors, Defendants'fficers, Defendants'ounsel, Plaintiff, or Plaintiff s Counsel that identifies Plaintiff as the individual bringing this lawsuit, unless such disclosure is necessary to litigate the action, and then only if such individual agrees in writing to be bound by this order before Plaintiff's identity is disclosed. 27 28 2. This Order shall be effective immediately and shall remain in effect until , at which time it shall expire without further notice. [PROPOSEDI TEMPRORARY RESTRAINING ORDER 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. 10 Date: Hon. Judge of the Superior Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (PROPOSEDI TEMPRORARY RESTRAINING ORDER DO NOT USE THIS ORDER