even stipulated protective orders 27 || require good cause showing
How later courts described this case
- even stipulated protective orders 27 || require good cause showing
Written by the judges who cited it.
The opinion
1 || Javier F. Garcia, Bar No. 296846
YGarciaperkinscalé.com
2 || PERKINS COIE LLP
1888 Century Park E., Suite 1700
3 || Los Angeles, California 90067-1721
Telephone: 310.788.9900
4 || Facsimile: 310.788.3399
5 || Attorneys for Defendants
‘ STERN BROTHERS & CO.
ALEXANDER KRAKOW + GLICK LLP
7 || Marvin E. Krakow (State Bar No. 81228)
Amelia Alvarez (State Bar No. 310044)
8 || 1900 Avenue of the Stars, Suite 900
Los Angeles. California 90067
9 || T: 310 394 0888 | F: 310 394 0811
E: mkrakow@akgllp.com| E:
10 | aalvarez@akellp.com
11 || Attorneys for Plaintiff RICHARD DEPROSPO
12
UNITED STATES DISTRICT COURT
13
CENTRAL DISTRICT OF CALIFORNIA
14
15
RICHARD DEPROSPO, an Case No. 2:18-cv-10315 MWF(AGRx)
16 || individual,
Assigned to the Hon. Michael W.
17 Plaintiff, Fitzgerald, Courtroom 5A
18 Vv. ORDER GRANTING STIPULATED
PROTECTIVE ORDER
19 || STERN BROTHERS & CO., a
Missouri corporation, and Does 1-50,
20 || inclusive,
State Complaint Filed: October 11, 2018
21 Defendants. Date of Removal: December 13, 2018
3 Trial Date: February 4, 2020
23
24
25
26
27
28
1 Pursuant to Fed. R. Civ. P. 26(c), the parties to this lawsuit, through
2 || undersigned counsel, jointly submit this Stipulated Protective Order to govern the
3 || handling of information and materials produced in the course of discovery or filed
4 || with the Court in this action.
5} 1. A. PURPOSES AND LIMITATIONS
6 Discovery in this action is likely to involve production of confidential,
7 || proprietary or private information for which special protection from public
8 || disclosure and from use for any purpose other than prosecuting this litigation may
9 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
10 || enter the following Stipulated Protective Order. The parties acknowledge that this
11 || Order does not confer blanket protections on all disclosures or responses to
12 || discovery and that the protection it affords from public disclosure and use extends
13 || only to the limited information or items that are entitled to confidential treatment
14 || under the applicable legal principles.
15 B. GOOD CAUSE STATEMENT
16 This action is likely to involve sensitive third-party personnel information,
17 || customer lists, and other valuable development, commercial, financial, technical
18 || and/or proprietary information for which special protection from public disclosure
19 || and from use for any purpose other than prosecution of this action is warranted.
20 || Such confidential and proprietary materials and information consist of, among other
21 || things, (a) confidential business or financial information, information regarding
22 || confidential business practices, or other confidential research, development, or
23 || commercial information (including information implicating privacy rights of third
24 || parties), (b) financial, compensation, employment, benefits, and tax documents
25 || belonging to plaintiff and non-parties to this litigation, (c) personnel information
26 || including disciplinary actions and performance ratings of non-parties to this
27 || litigation; (d) personal identifying information, including but not limited to the
28 || home addresses, telephone numbers, ages of past or present employees of
2.
1 || Defendant; and (e) information otherwise generally unavailable to the public, or
2 || which may be privileged or otherwise protected from disclosure under state or
3 || federal statutes, court rules, case decisions, or common law.
4 Accordingly, to expedite the flow of information, to facilitate the prompt
5 || resolution of disputes over confidentiality of discovery materials, to adequately
6 || protect information the parties are entitled to keep confidential, to ensure that the
7 || parties are permitted reasonable necessary uses of such material in preparation for
8 || and in the conduct of trial, to address their handling at the end of the litigation, and
9 || serve the ends of justice, a protective order for such information 1s justified in this
10 || matter. It is the intent of the parties that information will not be designated as
11 || confidential for tactical reasons and that nothing be so designated without a good
12 || faith belief that it has been maintained in a confidential, non-public manner, and
13 || there is good cause why it should not be part of the public record of this case.
14 C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER
15 SEAL
16 The parties further acknowledge, as set forth in Section 12.3, below, that this
17 || Stipulated Protective Order does not entitle them to file confidential information
18 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
19 || and the standards that will be applied when a party seeks permission from the court
20 || to file material under seal.
21 There 1s a strong presumption that the public has a right of access to judicial
22 || proceedings and records in civil cases. In connection with non-dispositive motions,
23 || good cause must be shown to support a filing under seal. See Kamakana □□□ City and
24 || County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
25 || Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
26 || Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
27 || require good cause showing), and a specific showing of good cause or compelling
28 || reasons with proper evidentiary support and legal justification, must be made with
3.
1 || respect to Protected Material that a party seeks to file under seal. The parties’ mere
2 || designation of Disclosure or Discovery Material as CONFIDENTIAL does not—
3 || without the submission of competent evidence by declaration, establishing that the
4 || material sought to be filed under seal qualifies as confidential, privileged, or
5 || otherwise protectable—constitute good cause.
6 Further, if a party requests sealing related to a dispositive motion or trial,
7 || then compelling reasons, not only good cause, for the sealing must be shown, and
8 || the relief sought shall be narrowly tailored to serve the specific interest to be
9 || protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
10 |} 2010). For each item or type of information, document, or thing sought to be filed
11 || or introduced under seal in connection with a dispositive motion or trial, the party
12 || seeking protection must articulate compelling reasons, supported by specific facts
13 || and legal justification, for the requested sealing order. Again, competent evidence
14 || supporting the application to file documents under seal must be provided by
15 || declaration.
16 Any document that is not confidential, privileged, or otherwise protectable in
17 || its entirety will not be filed under seal if the confidential or identifying
18 || portions/information can be redacted. If documents can be redacted, then a redacted
19 || version for public viewing, omitting only the confidential, privileged, or otherwise
20 || protectable portions of the document, shall be filed. Any application that seeks to
21 || file documents under seal in their entirety should include an explanation of why
22 || redaction is not feasible.
23 || 2. DEFINITIONS
24 2.1 Action: this pending federal lawsuit.
25 2.2 Challenging Party: a Party or Non-Party that challenges the designation
26 || of information or items under this Order.
27 4 ///
28 | ///
4.
1 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
2 || how it is generated, stored or maintained) or tangible things that qualify for
3 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in
4 || the Good Cause Statement.
5 2.4 Counsel: Outside Counsel of Record and In-House Counsel (as well as
6 || their support staff).
7 2.5 Designating Party: a Party or Non-Party that designates information or
8 || items that it produces in disclosures or in responses to discovery as
9 || “CONFIDENTIAL.”
10 2.6 Disclosure or Discovery Material: all items or information, regardless of
11 || the medium or manner in which it is generated, stored, or maintained (including,
12 || among other things, testimony, transcripts, and tangible things), that are produced
13 || or generated in disclosures or responses to discovery in this matter.
14 2.7 Expert: a person with specialized knowledge or experience in a matter
15 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
16 || an expert witness or as a consultant in this Action.
17 2.8 In-House Counsel: attorneys who are employees of a party to this
18 || Action. In-House Counsel does not include Outside Counsel of Record or any other
19 || outside counsel.
20 2.9 Non-Party: any natural person, partnership, corporation, association or
21 || other legal entity not named as a Party to this action.
22 2.10 Outside Counsel of Record: attorneys who are not employees of a party
23 || to this Action but are retained to represent or advise a party to this Action and have
24 || appeared in this Action on behalf of that party or are affiliated with a law firm that
25 || has appeared on behalf of that party, and includes support staff.
26 2.11 Party: any party to this Action, including all of its officers, directors,
27 || employees, consultants, retained experts, and Outside Counsel of Record (and their
28 || support staffs).
5.
1 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
2 || Discovery Material in this Action.
3 2.13 Professional Vendors: persons or entities that provide litigation support
4 || services (e.g., photocopying, videotaping, translating, preparing exhibits or
5 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
6 || and their employees and subcontractors.
7 2.14 Protected Material: any Disclosure or Discovery Material that is
8 || designated as “CONFIDENTIAL.”
9 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
10 || from a Producing Party.
11 |] 3. SCOPE
12 The protections conferred by this Stipulation and Order cover not only
13 || Protected Material (as defined above), but also (1) any information copied or
14 || extracted from Protected Material; (2) all copies, excerpts, summaries, or
15 || compilations of Protected Material; and (3) any testimony, conversations, or
16 || presentations by Parties or their Counsel that might reveal Protected Material.
17 || Any use of Protected Material at trial shall be governed by the orders of the trial
18 || judge. This Order does not govern the use of Protected Material at trial.
19} 4. DURATION
20 Once a case proceeds to trial, information that was designated as
21 || CONFIDENTIAL or maintained pursuant to this protective order used or
22 || introduced as an exhibit at trial becomes public and will be presumptively available
23 || to all members of the public, including the press, unless compelling reasons
24 || supported by specific factual findings to proceed otherwise are made to the trial
25 || judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing
26 || “good cause” showing for sealing documents produced in discovery from
27 || “compelling reasons” standard when merits-related documents are part of court
28
6-
1 || record). Accordingly, the terms of this protective order do not extend beyond the
2 || commencement of the trial.
3} 5. DESIGNATING PROTECTED MATERIAL
4 5.1 Exercise of Restraint and Care in Designating Material for Protection.
5 || Each Party or Non-Party that designates information or items for protection under
6 || this Order must take care to limit any such designation to specific material that
7 || qualifies under the appropriate standards. The Designating Party must designate for
8 || protection only those parts of material, documents, items or oral or written
9 || communications that qualify so that other portions of the material, documents,
10 || items or communications for which protection is not warranted are not swept
11 || unjustifiably within the ambit of this Order.
12 Mass, indiscriminate or routinized designations are prohibited. Designations
13 || that are shown to be clearly unjustified or that have been made for an improper
14 || purpose (e.g., to unnecessarily encumber the case development process or to
15 || impose unnecessary expenses and burdens on other parties) may expose the
16 || Designating Party to sanctions.
17 If it comes to a Designating Party’s attention that information or items that it
18 || designated for protection do not qualify for protection, that Designating Party must
19 || promptly notify all other Parties that it is withdrawing the inapplicable designation.
20 5.2 Manner and Timing of Designations. Except as otherwise provided in
21 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
22 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
23 || under this Order must be clearly so designated before the material is disclosed or
24 || produced.
25 Designation in conformity with this Order requires:
26 (a) for information in documentary form (e.g., paper or electronic
27 || documents, but excluding transcripts of depositions or other pretrial or trial
28 || proceedings), that the Producing Party affix at a minimum, the legend
7.
1 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
2 || contains protected material. If only a portion of the material on a page qualifies for
3 || protection, the Producing Party also must clearly identify the protected portion(s)
4 || (e.g., by making appropriate markings in the margins).
5 A Party or Non-Party that makes original documents available for inspection
6 || need not designate them for protection until after the inspecting Party has indicated
7 || which documents it would like copied and produced. During the inspection and
8 || before the designation, all of the material made available for inspection shall be
9 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the
10 || documents it wants copied and produced, the Producing Party must determine
11 || which documents, or portions thereof, qualify for protection under this Order.
12 || Then, before producing the specified documents, the Producing Party must affix the
13 || “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
14 || portion of the material on a page qualifies for protection, the Producing Party also
15 || must clearly identify the protected portion(s) (e.g., by making appropriate markings
16 || in the margins).
17 (b) for testimony given in depositions that the Designating Party
18 || identifies the Disclosure or Discovery Material on the record, before the close of
19 || the deposition all protected testimony.
20 (c) for information produced in some form other than documentary
21 || and for any other tangible items, that the Producing Party affix in a prominent place
22 || on the exterior of the container or containers in which the information is stored the
23 || legend “CONFIDENTIAL.” If only a portion or portions of the information
24 || warrants protection, the Producing Party, to the extent practicable, shall identify the
25 || protected portion(s).
26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
27 || failure to designate qualified information or items does not, standing alone, waive
28 || the Designating Party’s right to secure protection under this Order for such
1 || material. Upon timely correction of a designation, the Receiving Party must make
2 || reasonable efforts to assure that the material is treated in accordance with the
3 || provisions of this Order.
4 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
6 || designation of confidentiality at any time that is consistent with the Court’s
7 || Scheduling Order.
8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
9 || resolution process under Local Rule 37-1 et seq.
10 6.3 The burden of persuasion in any such challenge proceeding shall be on
11 || the Designating Party. Frivolous challenges, and those made for an improper
12 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other
13 || parties) may expose the Challenging Party to sanctions. Unless the Designating
14 || Party has waived or withdrawn the confidentiality designation, all parties shall
15 || continue to afford the material in question the level of protection to which it is
16 || entitled under the Producing Party’s designation until the Court rules on the
17 || challenge.
18 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL
19 7.1 Basic Principles. A Receiving Party may use Protected Material that is
20 || disclosed or produced by another Party or by a Non-Party in connection with this
21 || Action only for prosecuting, defending or attempting to settle this Action. Such
22 || Protected Material may be disclosed only to the categories of persons and under the
23 || conditions described in this Order. When the Action has been terminated, a
24 || Receiving Party must comply with the provisions of section 13 below (FINAL
25 || DISPOSITION).
26 Protected Material must be stored and maintained by a Receiving Party at a
27 || location and in a secure manner that ensures that access is limited to the persons
28 || authorized under this Order.
9.
1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
2 || otherwise ordered by the court or permitted in writing by the Designating Party, a
3 || Receiving Party may disclose any information or item designated
4 || “CONFIDENTIAL” only to:
5 (a) the Receiving Party’s Outside Counsel of Record in this Action,
6 || as well as employees of said Outside Counsel of Record to whom it is reasonably
7 || necessary to disclose the information for this Action;
8 (b) the officers, directors, and employees (including House
9 || Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this
10 || Action;
11 (c) Experts (as defined in this Order) of the Receiving Party to
12 || whom disclosure is reasonably necessary for this Action and who have signed the
13 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
14 (d) the court and its personnel;
15 (e) court reporters and their staff;
16 (f) professional jury or trial consultants, mock jurors, and
17 || Professional Vendors to whom disclosure is reasonably necessary for this Action
18 || and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
19 || A);
20 (g) the author or recipient of a document containing the information
21 || or a custodian or other person who otherwise possessed or knew the information;
22 (h) during their depositions, witnesses, and attorneys for witnesses,
23 || in the Action to whom disclosure is reasonably necessary provided: (1) the
24 || deposing party requests that the witness sign the form attached as Exhibit | hereto;
25 || and (2) they will not be permitted to keep any confidential information unless they
26 || sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
27 || otherwise agreed by the Designating Party or ordered by the court. Pages of
28 || transcribed deposition testimony or exhibits to depositions that reveal Protected
-10-
1 || Material may be separately bound by the court reporter and may not be disclosed to
2 || anyone except as permitted under this Stipulated Protective Order; and
3 (i) any mediator or settlement officer, and their supporting
4 || personnel, mutually agreed upon by any of the parties engaged in settlement
5 || discussions.
6 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
7 IN OTHER LITIGATION
8 If a Party is served with a subpoena or a court order issued in other litigation
9 || that compels disclosure of any information or items designated in this Action as
10 || “CONFIDENTIAL,” that Party must:
11 (a) promptly notify in writing the Designating Party. Such
12 || notification shall include a copy of the subpoena or court order;
13 (b) promptly notify in writing the party who caused the subpoena or
14 || order to issue in the other litigation that some or all of the material covered by the
15 || subpoena or order is subject to this Protective Order. Such notification shall include
16 || acopy of this Stipulated Protective Order; and
17 (c) | cooperate with respect to all reasonable procedures sought to be
18 || pursued by the Designating Party whose Protected Material may be affected.
19 If the Designating Party timely seeks a protective order, the Party
20 || served with the subpoena or court order shall not produce any information
21 || designated in this action as “CONFIDENTIAL” before a determination by the court
22 || from which the subpoena or order issued, unless the Party has obtained the
23 || Designating Party’s permission. The Designating Party shall bear the burden and
24 || expense of seeking protection in that court of its confidential material and nothing
25 || in these provisions should be construed as authorizing or encouraging a Receiving
26 || Party in this Action to disobey a lawful directive from another court.
27 ///
28 | ///
11-
1 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
2 PRODUCED IN THIS LITIGATION
3 (a) The terms of this Order are applicable to information produced
4 || by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
5 || information produced by Non-Parties in connection with this litigation is protected
6 || by the remedies and relief provided by this Order. Nothing in these provisions
7 || should be construed as prohibiting a Non-Party from seeking additional protections.
8 (b) Inthe event that a Party is required, by a valid discovery
9 || request, to produce a Non-Party’s confidential information in its possession, and the
10 || Party is subject to an agreement with the Non-Party not to produce the Non-Party’s
11 || confidential information, then the Party shall:
12 (1) promptly notify in writing the Requesting Party and the
13 || Non-Party that some or all of the information requested is subject to a
14 || confidentiality agreement with a Non-Party;
15 (2) promptly provide the Non-Party with a copy of the
16 || Stipulated Protective Order in this Action, the relevant discovery request(s), and a
17 || reasonably specific description of the information requested; and
18 (3) make the information requested available for inspection
19 || by the Non-Party, if requested.
20 (c) Ifthe Non-Party fails to seek a protective order from this court within
21 || 14 days of receiving the notice and accompanying information, the Receiving Party
22 || may produce the Non-Party’s confidential information responsive to the discovery
23 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall
24 || not produce any information in its possession or control that is subject to the
25 || confidentiality agreement with the Non-Party before a determination by the court.
26 || Absent a court order to the contrary, the Non-Party shall bear the burden and
27 || expense of seeking protection in this court of its Protected Material.
28 | ///
-12-
1 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
3 || Protected Material to any person or in any circumstance not authorized under this
4 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in
5 || writing the Designating Party of the unauthorized disclosures, (b) use its best
6 || efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
7 || person or persons to whom unauthorized disclosures were made of all the terms of
8 || this Order, and (d) request such person or persons to execute the “Acknowledgment
9 || and Agreement to Be Bound” that is attached hereto as Exhibit A.
10} 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
11 PROTECTED MATERIAL
12 When a Producing Party gives notice to Receiving Parties that certain
13 || inadvertently produced material is subject to a claim of privilege or other
14 || protection, the obligations of the Receiving Parties are those set forth in Federal
15 |) Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
16 || whatever procedure may be established in an e-discovery order that provides for
17 || production without prior privilege review. Pursuant to Federal Rule of Evidence
18 || 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
19 || of acommunication or information covered by the attorney-client privilege or
20 || work product protection, the parties may incorporate their agreement in the
21 || stipulated protective order submitted to the court.
22 |} 12. MISCELLANEOUS
23 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
24 || person to seek its modification by the Court in the future.
25 12.2 Right to Assert Other Objections. By stipulating to the entry of this
26 || Protective Order, no Party waives any right it otherwise would have to object to
27 || disclosing or producing any information or item on any ground not addressed in
28 || this Stipulated Protective Order. Similarly, no Party waives any right to object on
-13-
1 || any ground to use in evidence of any of the material covered by this Protective
2 || Order.
3 12.3 Filing Protected Material. A Party that seeks to file under seal any
4 || Protected Material must comply with Local Civil Rule 79-5. Protected Material
5 || may only be filed under seal pursuant to a court order authorizing the sealing of the
6 || specific Protected Material at issue. If a Party’s request to file Protected Material
7 || under seal is denied by the court, then the Receiving Party may file the information
8 || in the public record unless otherwise instructed by the court. The parties agree to
9 || meet and confer to determine if non-material information can be redacted to protect
10 || the identity of third parties which would allow for the filing of sensitive third party
11 || information (1.e., redact names and addresses).
12 | 13. FINAL DISPOSITION
13 After the final disposition of this Action, as defined in paragraph 4, within 60
14 || days of a written request by the Designating Party, each Receiving Party must
15 return all Protected Material to the Producing Party or destroy such material. As
16 || used in this subdivision, “all Protected Material” includes all copies, abstracts,
17 || compilations, summaries, and any other format reproducing or capturing any of the
18 || Protected Material. Whether the Protected Material is returned or destroyed, the
19 || Receiving Party must submit a written certification to the Producing Party (and, if
20 || not the same person or entity, to the Designating Party) by the 60 day deadline that
21 || (1) identifies (by category, where appropriate) all the Protected Material that was
22 || returned or destroyed and (2) affirms that the Receiving Party has not retained any
23 || copies, abstracts, compilations, summaries or any other format reproducing or
24 || capturing any of the Protected Material. Notwithstanding this provision, Counsel
25 || are entitled to retain an archival copy of all pleadings, motion papers, trial,
26 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition
27 || and trial exhibits, expert reports, attorney work product, and consultant and expert
28 || work product, even if such materials contain Protected Material. Any such archival
14-
1 || copies that contain or constitute Protected Material remain subject to this Protective
2 || Order.
3 || 14. VIOLATION
4 Any violation of this Order may be punished by appropriate measures
5 || including, without limitation, contempt proceedings and/or monetary sanctions.
6
7
8 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
9 || DATED: October 10, 2019
10
| Chew h “Keen,
12 | Alicia G. Rosenberg
3 United States Magistrate Judge
14
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-15-
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 | I, [print or type full name], of
4 [print or type full address], declare under penalty
5 || of perjury that I have read in its entirety and understand the Stipulated Protective
6 || Order that was issued by the United States District Court for the Central District of
7 || California on [date] in the case of DeProspo v. Stern Brothers, Case No. 2:18-cv-
8 || 10315 MWF(AGRx). I agree to comply with and to be bound by all the terms of
9 || this Stipulated Protective Order and I understand and acknowledge that failure to so
10 || comply could expose me to sanctions and punishment in the nature of contempt. I
11 || solemnly promise that I will not disclose in any manner any information or item
12 || that is subject to this Stipulated Protective Order to any person or entity except in
13 || strict compliance with the provisions of this Order.
14 | I further agree to submit to the jurisdiction of the United States District Court for
15 || the Central District of California for enforcing the terms of this Stipulated
16 || Protective Order, even if such enforcement proceedings occur after termination of
17 || this action.
18 || [hereby appoint [print or type full name] of [print
19 || or type full address and telephone number] as my California agent for service of
20 || process in connection with this action or any proceedings related to enforcement of
21 || this Stipulated Protective Order.
22 || Date:
23 || City and State where sworn and signed:
24 || Printed name:
25
26 || Signature:
27
28
-16-
1 PROOF OF SERVICE
2 I, Melanie L. Duncan, declare:
3 I am a citizen of the United States and employed in Los Angeles County,
4 | California. I am over the age of eighteen years and not a party to the within-entitled
5 || action. My business address is 1888 Century Park E., Suite 1700, Los Angeles,
6 || California 90067-1721. On October 9, 2019, I served a copy of the within
7 || document(s):
[PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER
by placing the document(s) listed above in a sealed envelope with postage
9 thereon fully prepaid, in the United States mail at Los Angeles, California
10 addressed as set forth below.
[]_ by placing the document(s) listed above in a sealed FedX envelope, affixing
a pre-paid air bill, causing it to be delivered to a FedX agent for delivery.
12 []_ by transmitting via e-mail or electronic transmission the document(s) listed
13 above to the person(s) at the e-mail address(es) set forth below.
14 Amelia Alvarez, Esq.
15 Marvin Krakow, Esq.
Alexander Krakow & Glick LLP
16 1900 Avenue of the Stars, Suite 900
7 Los Angeles, CA 90067-4310
Ig I am readily familiar with the firm’s practice of collection and processing
19 correspondence for mailing. Under that practice it would be deposited with the
30 U.S. Postal Service on that same day with postage thereon fully prepaid in the
51 ordinary course of business. I am aware that on motion of the party served, service
9 is presumed invalid if postal cancellation date or postage meter date is more than
53 one day after date of deposit for mailing in affidavit.
54 I declare that I am employed in the office of a member of the bar of this court
at whose direction the service was made.
6 Executed on October 9, 2019, at Los Angeles, California.
27
28 Melanie L. Duncan
17 PROOF OF SERVICE