Steven Feckley v. Covance, Inc.

1 GARY R. CARLIN, CSBN: 44945

2 gary@carlinbuchsbaum.com

BRENT S. BUCHSBAUM, CSBN: 194816

3 brent@carlinbuchsbaum.com

LAUREL N. HAAG, CSBN: 211279

4 laurel@carlinbuchsbaum.com

CLAUDETTE H. VILLICAÑA, CSBN: 325669

5 claudette@carlinbuchsbaum.com

301 East Ocean Boulevard, Suite 1550

6 Long Beach, California 90802

Telephone: (562) 432-8933; Fax: (562) 435-1656

7

Attorneys for Plaintiff,

8 STEVEN FECKLEY

MICHAEL R. LINDSAY (SBN: 110845)

9

mlindsay@nixonpeabody.com

10 IRENE SCHOLL-TATEVOSYAN (SBN: 301568)

itatevosyan@nixonpeabody.com

11 ANDREA CHAVEZ (SBN: 318297)

Andrea.chavez@nixonpeabody.com

12 NIXONPEABODY LLP

300 S. Grand Avenue, Suite 4100

13 Los Angeles, CA 90071-3151

Tel: 213-629-6000

14 Fax: 213-629-6001

15 Attorneys for Defendants

COVANCE LABORATORIES, INC.; LABORATORY

16 CORPORATION OF AMERICA and

LABORATORY CORPORATION

17 OF AMERICA HOLDINGS

18

UNITED STATES DISTRICT COURT

19

CENTRAL DISTRICT OF CALIFORNIA

20

21

22 STEVEN FECKLEY individually, and Case No: 8:19-cv-00122-AG-ADSx

on behalf of all others similarly (CLASS ACTION)

23 situated;

[Assigned to Hon. Andrew J. Guilford,

24 Plaintiff, Courtroom 10D]

25 vs.

STIPULATION AND PROTECTIVE

26 COVANCE, INC., a Delaware ORDER

corporation; LABORATORY

27 CORPORATION OF AMERICA, a

Delaware corporation;

28 LABORATORY CORPORATION OF

AMERICA HOLDINGS, a Delaware

1 CORPORATION OF AMERICA, a Trial Date: October 6, 2020

California corporation; and DOES 1

2 through 50, inclusive,

3 Defendants.

4

5

6 IT IS HEREBY STIPULATED by and between the Parties to Steven Feckley

7 v. Covance, Inc., et al., by and through their respective counsel of record, that in order

8 to facilitate the exchange of information and documents which may be subject to

9 confidentiality limitations on disclosure due to federal laws, state laws, and privacy

10 rights, the Parties stipulate as follows:

11 1. A. PURPOSES AND LIMITATIONS

12 Discovery in this action is likely to involve production of trade secrets, customer and

13 pricing lists and other valuable research, development, commercial, financial,

14 technical, proprietary, and/or private information for which special protection from

15 public disclosure and from use for any purpose other than prosecuting this litigation

16 may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

17 enter the following Stipulated Protective Order. The parties acknowledge that this

18 Order does not confer blanket protections on all disclosures or responses to discovery

19 and that the protection it affords from public disclosure and use extends only to the

20 limited information or items that are entitled to confidential treatment under the

21 applicable legal principles.

22 B. GOOD CAUSE STATEMENT

23 This action is likely to involve private information for which special protection from

24 public disclosure and from use for any purpose other than prosecution of this action is

25 warranted. Such confidential and proprietary materials and information consist of,

26 among other things, medical information relating to 3rd Parties that are not parties to

27 the above-titled action, confidential business or financial information, information

28 regarding confidential business practices, or other confidential research, development,

1 or commercial information (including information implicating privacy rights of third

2 parties), information otherwise generally unavailable to the public, or which may be

3 privileged or otherwise protected from disclosure under state or federal statutes, court

4 rules, case decisions, or common law. Accordingly, to expedite the flow of

5 information, to facilitate the prompt resolution of disputes over confidentiality of

6 discovery materials, to adequately protect information the parties are entitled to keep

7 confidential, to ensure that the parties are permitted reasonable necessary uses of such

8 material in preparation for and in the conduct of trial, to address their handling at the

9 end of the litigation, and serve the ends of justice, a protective order for such

10 information is justified in this matter. It is the intent of the parties that information will

11 not be designated as confidential for tactical reasons and that nothing be so designated

12 without a good faith belief that it has been maintained in a confidential, non-public

13 manner, and there is good cause why it should not be part of the public record of this

14 case.

15 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

16 SEAL

17 The parties further acknowledge, as set forth in Section 12.3, below, that this

18 Stipulated Protective Order does not entitle them to file confidential information under

19 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the

20 standards that will be applied when a party seeks permission from the court to file

21 material under seal.

22 There is a strong presumption that the public has a right of access to judicial

23 proceedings and records in civil cases. In connection with non-dispositive motions,

24 good cause must be shown to support a filing under seal. See Kamakana v. City and

25 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

26 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,

27 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good

28 cause showing), and a specific showing of good cause or compelling reasons with

1 proper evidentiary support and legal justification, must be made with respect to

2 Protected Material that a party seeks to file under seal. The parties’ mere designation

3 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the

4 submission of competent evidence by declaration, establishing that the material sought

5 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—

6 constitute good cause.

7 Further, if a party requests sealing related to a dispositive motion or trial, then

8 compelling reasons, not only good cause, for the sealing must be shown, and the relief

9 sought shall be narrowly tailored to serve the specific interest to be protected. See

10 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item

11 or type of information, document, or thing sought to be filed or introduced under seal

12 in connection with a dispositive motion or trial, the party seeking protection must

13 articulate compelling reasons, supported by specific facts and legal justification, for the

14 requested sealing order. Again, competent evidence supporting the application to file

15 documents under seal must be provided by declaration.

16 Any document that is not confidential, privileged, or otherwise protectable in its

17 entirety will not be filed under seal if the confidential portions can be redacted. If

18 documents can be redacted, then a redacted version for public viewing, omitting only

19 the confidential, privileged, or otherwise protectable portions of the document, shall be

20 filed. Any application that seeks to file documents under seal in their entirety should

21 include an explanation of why redaction is not feasible.

22 2. DEFINITIONS

23 2.1 Action: Case No. 8:19-CV-00122-AG-ADSx

24 2.2 Challenging Party: a Party or Non-Party that challenges the designation of

25 information or items under this Order.

26 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is

27 generated, stored or maintained) or tangible things that qualify for protection under

28 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

1 Statement.

2 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support

3 staff).

4 2.5 Designating Party: a Party or Non-Party that designates information or items that it

5 produces in disclosures or in responses to discovery as “CONFIDENTIAL.”

6 2.6 Disclosure or Discovery Material: all items or information, regardless of the

7 medium or manner in which it is generated, stored, or maintained (including, among

8 other things, testimony, transcripts, and tangible things), that are produced or generated

9 in disclosures or responses to discovery in this matter.

10 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to

11 the litigation who has been retained by a Party or its counsel to serve as an expert

12 witness or as a consultant in this Action.

13 2.8 House Counsel: attorneys who are employees of a party to this Action. House

14 Counsel does not include Outside Counsel of Record or any other outside counsel.

15 2.9 Non-Party: any natural person, partnership, corporation, association or other legal

16 entity not named as a Party to this action.

17 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this

18 Action but are retained to represent or advise a party to this Action and have appeared

19 in this Action on behalf of that party or are affiliated with a law firm that has appeared

20 on behalf of that party, and includes support staff.

21 2.11 Party: any party to this Action, including all of its officers, directors, employees,

22 consultants, retained experts, and Outside Counsel of Record (and their support staffs).

23 2.12 Producing Party: a Party or Non-Party that produces Disclosure of Discovery

24 Material in this Action.

25 2.13 Professional Vendors: persons or entities that provide litigation support services

26 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and

27 organizing, storing, or retrieving data in any form or medium) and their employees and

28 subcontractors.

1 2.14 Protected Material: any Disclosure or Discovery Material that is designated as

2 “CONFIDENTIAL.”

3 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a

4 Producing Party.

5 3. SCOPE

6 The protections conferred by this Stipulation and Order cover not only Protected

7 Material (as defined above), but also (1) any information copied or extracted from

8 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

9 Material; and (3) any testimony, conversations, or presentations by Parties or their

10 Counsel that might reveal Protected Material. Any use of Protected Material at trial

11 shall be governed by the orders of the trial judge. This Order does not govern the use

12 of Protected Material at trial.

13 4. DURATION

14 Once a case proceeds to trial, information that was designated as

15 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as

16 an exhibit at trial becomes public and will be presumptively available to all members

17 of the public, including the press, unless compelling reasons supported by specific

18 factual findings to proceed otherwise are made to the trial judge in advance of the trial.

19 See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing

20 documents produced in discovery from “compelling reasons” standard when merits-

21 related documents are part of court record). Accordingly, the terms of this protective

22 order do not extend beyond the commencement of the trial.

23 ///

24 5. DESIGNATING PROTECTED MATERIAL

25 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each

26 Party or Non-Party that designates information or items for protection under this Order

27 must take care to limit any such designation to specific material that qualifies under the

28 appropriate standards. The Designating Party must designate for protection only those

1 parts of material, documents, items or oral or written communications that qualify so

2 that other portions of the material, documents, items or communications for which

3 protection is not warranted are not swept unjustifiably within the ambit of this Order.

4 Mass, indiscriminate or routinized designations are prohibited. Designations that

5 are shown to be clearly unjustified or that have been made for an improper purpose

6 (e.g., to unnecessarily encumber the case development process or to impose

7 unnecessary expenses and burdens on other parties) may expose the Designating Party

8 to sanctions.

9 If it comes to a Designating Party’s attention that information or items that it

10 designated for protection do not qualify for protection, that Designating Party must

11 promptly notify all other Parties that it is withdrawing the inapplicable designation.

12 5.2 Manner and Timing of Designations. Except as otherwise provided in this

13 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated

14 or ordered, Disclosure or Discovery Material that qualifies for protection under this

15 Order must be clearly so designated before the material is disclosed or produced.

16 Designation in conformity with this Order requires:

17 (a) for information in documentary form (e.g., paper or electronic documents,

18 but excluding transcripts of depositions or other pretrial or trial proceedings), that the

19 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter

20 “CONFIDENTIAL legend”), to each page that contains protected material. If only a

21 portion of the material on a page qualifies for protection, the Producing Party also must

22 clearly identify the protected portion(s) (e.g., by making appropriate markings in the

23 margins).

24 A Party or Non-Party that makes original documents available for inspection

25 need not designate them for protection until after the inspecting Party has indicated

26 which documents it would like copied and produced. During the inspection and before

27 the designation, all of the material made available for inspection shall be deemed

28 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

1 copied and produced, the Producing Party must determine which documents, or

2 portions thereof, qualify for protection under this Order. Then, before producing the

3 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to

4 each page that contains Protected Material. If only a portion of the material on a page

5 qualifies for protection, the Producing Party also must clearly identify the protected

6 portion(s) (e.g., by making appropriate markings in the margins).

7 (b) for testimony given in depositions that the Designating Party identifies the

8 Disclosure or Discovery Material on the record, before the close of the deposition all

9 protected testimony.

10 (c) for information produced in some form other than documentary and for any

11 other tangible items, that the Producing Party affix in a prominent place on the exterior

12 of the container or containers in which the information is stored the legend

13 “CONFIDENTIAL.” If only a portion or portions of the information warrants

14 protection, the Producing Party, to the extent practicable, shall identify the protected

15 portion(s).

16 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure

17 to designate qualified information or items does not, standing alone, waive the

18 Designating Party’s right to secure protection under this Order for such material. Upon

19 timely correction of a designation, the Receiving Party must make reasonable efforts to

20 assure that the material is treated in accordance with the provisions of this Order.

21 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

22 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation

23 of confidentiality at any time that is consistent with the Court’s Scheduling Order.

24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution

25 process under Local Rule 37-1 et seq.

26 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint

27 stipulation pursuant to Local Rule 37-2.

28

1 6.4 The burden of persuasion in any such challenge proceeding shall be on the

2 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,

3 to harass or impose unnecessary expenses and burdens on other parties) may expose

4 the Challenging Party to sanctions. Unless the Designating Party has waived or

5 withdrawn the confidentiality designation, all parties shall continue to afford the

6 material in question the level of protection to which it is entitled under the Producing

7 Party’s designation until the Court rules on the challenge.

8 7. ACCESS TO AND USE OF PROTECTED MATERIAL

9 7.1 Basic Principles. A Receiving Party may use Protected Material that is

10 disclosed or produced by another Party or by a Non-Party in connection with this

11 Action only for prosecuting, defending or attempting to settle this Action. Such

12 Protected Material may be disclosed only to the categories of persons and under the

13 conditions described in this Order. When the Action has been terminated, a Receiving

14 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

15 Protected Material must be stored and maintained by a Receiving Party at a location

16 and in a secure manner that ensures that access is limited to the persons authorized

17 under this Order.

18 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

19 ordered by the court or permitted in writing by the Designating Party, a Receiving

20 Party may disclose any information or item designated “CONFIDENTIAL” only to:

21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as

22 employees of said Outside Counsel of Record to whom it is reasonable necessary to

23 disclose the information for this Action;

24 (b) the officers, directors, and employees (including House Counsel) of the

25 Receiving Party to whom disclosure is reasonably necessary for this Action;

26 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure

27 is reasonably necessary for this Action and who have signed the “Acknowledgment

28 and Agreement to Be Bound” (Exhibit A);

1 (d) the court and its personnel;

2 (e) court reporters and their staff;

3 (f) professional jury or trial consultants, mock jurors, and Professional Vendors

4 to whom disclosure is reasonably necessary for this Action and who have signed the

5 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

6 (g) the author or recipient of a document containing the information or a

7 custodian or other person who otherwise possessed or knew the information;

8 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action

9 to whom disclosure is reasonably necessary provided: (1) the deposing party requests

10 that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not be

11 permitted to keep any confidential information unless they sign the “Acknowledgment

12 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating

13 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to

14 depositions that reveal Protected Material may be separately bound by the court

15 reporter and may not be disclosed to anyone except as permitted under this Stipulated

16 Protective Order; and

17 (i) any mediator or settlement officer, and their supporting personnel, mutually

18 agreed upon by any of the parties engaged in settlement discussions.

19 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

20 OTHER LITIGATION

21 If a Party is served with a subpoena or a court order issued in other litigation that

22 compels disclosure of any information or items designated in this Action as

23 “CONFIDENTIAL,” that Party must:

24 (a) promptly notify in writing the Designating Party. Such notification shall

25 include a copy of the subpoena or court order;

26 (b) promptly notify in writing the party who caused the subpoena or order to

27 issue in the other litigation that some or all of the material covered by the subpoena or

28

1 order is subject to this Protective Order. Such notification shall include a copy of this

2 Stipulated Protective Order; and

3 (c) cooperate with respect to all reasonable procedures sought to be pursued by

4 the Designating Party whose Protected Material may be affected. If the Designating

5 Party timely seeks a protective order, the Party served with the subpoena or court order

6 shall not produce any information designated in this action as “CONFIDENTIAL”

7 before a determination by the court from which the subpoena or order issued, unless

8 the Party has obtained the Designating Party’s permission. The Designating Party shall

9 bear the burden and expense of seeking protection in that court of its confidential

10 material and nothing in these provisions should be construed as authorizing or

11 encouraging a Receiving Party in this Action to disobey a lawful directive from

12 another court.

13 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

14 IN THIS LITIGATION

15 (a) The terms of this Order are applicable to information produced by a Non-

16 Party in this Action and designated as “CONFIDENTIAL.” Such information

17 produced by Non-Parties in connection with this litigation is protected by the remedies

18 and relief provided by this Order. Nothing in these provisions should be construed as

19 prohibiting a Non-Party from seeking additional protections.

20 (b) In the event that a Party is required, by a valid discovery request, to produce

21 a Non-Party’s confidential information in its possession, and the Party is subject to an

22 agreement with the Non-Party not to produce the Non-Party’s confidential information,

23 then the Party shall:

24 (1) promptly notify in writing the Requesting Party and the Non-Party that some

25 or all of the information requested is subject to a confidentiality agreement with a Non-

26 Party;

27 (2) promptly provide the Non-Party with a copy of the Stipulated Protective

28 Order in this Action, the relevant discovery request(s), and a reasonably specific

1 description of the information requested; and

2 (3) make the information requested available for inspection by the Non-Party, if

3 requested.

4 (c) If the Non-Party fails to seek a protective order from this court within 14

5 days of receiving the notice and accompanying information, the Receiving Party may

6 produce the Non-Party’s confidential information responsive to the discovery request.

7 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

8 any information in its possession or control that is subject to the confidentiality

9 agreement with the Non-Party before a determination by the court. Absent a court

10 order to the contrary, the Non-Party shall bear the burden and expense of seeking

11 protection in this court of its Protected Material.

12 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

14 Protected Material to any person or in any circumstance not authorized under this

15 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

16 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

17 all unauthorized copies of the Protected Material, (c) inform the person or persons to

18 whom unauthorized disclosures were made of all the terms of this Order, and (d)

19 request such person or persons to execute the “Acknowledgment and Agreement to Be

20 Bound” that is attached hereto as Exhibit A.

21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

22 PROTECTED MATERIAL

23 When a Producing Party gives notice to Receiving Parties that certain

24 inadvertently produced material is subject to a claim of privilege or other protection,

25 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

26 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

27 may be established in an e-discovery order that provides for production without prior

28 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

1 parties reach an agreement on the effect of disclosure of a communication or

2 information covered by the attorney-client privilege or work product protection, the

3 parties may incorporate their agreement in the stipulated protective order submitted to

4 the court.

5 12. MISCELLANEOUS

6 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

7 person to seek its modification by the Court in the future.

8 12.2 Right to Assert Other Objections. By stipulating to the entry of this

9 Protective Order, no Party waives any right it otherwise would have to object to

10 disclosing or producing any information or item on any ground not addressed in this

11 Stipulated Protective Order. Similarly, no Party waives any right to object on any

12 ground to use in evidence of any of the material covered by this Protective Order.

13 12.3 Filing Protected Material. A Party that seeks to file under seal any

14 Protected Material must comply with Local Civil Rule 79-5. Protected Material may

15 only be filed under seal pursuant to a court order authorizing the sealing of the specific

16 Protected Material at issue. If a Party’s request to file Protected Material under seal is

17 denied by the court, then the Receiving Party may file the information in the public

18 record unless otherwise instructed by the court.

19 13. FINAL DISPOSITION

20 After the final disposition of this Action, as defined in paragraph 4, within 60

21 days of a written request by the Designating Party, each Receiving Party must return

22 all Protected Material to the Producing Party or destroy such material. As used in this

23 subdivision, “all Protected Material” includes all copies, abstracts, compilations,

24 summaries, and any other format reproducing or capturing any of the Protected

25 Material. Whether the Protected Material is returned or destroyed, the Receiving Party

26 must submit a written certification to the Producing Party (and, if not the same person

27 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by

28 category, where appropriate) all the Protected Material that was returned or destroyed

1 and (2) affirms that the Receiving Party has not retained any copies, abstracts,

2 compilations, summaries or any other format reproducing or capturing any of the

3 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

4 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

5 legal memoranda, correspondence, deposition and trial exhibits, expert reports,

6 attorney work product, and consultant and expert work product, even if such materials

7 contain Protected Material. Any such archival copies that contain or constitute

8 Protected Material remain subject to this Protective Order as set forth in Section 4

9 (DURATION).

10 14. VIOLATION

11 Any violation of this Order may be punished by appropriate measures including,

12 without limitation, contempt proceedings and/or monetary sanctions.

13 ///

14 ///

15 ///

Dated: November 4, 2019 THE LAW OFFICES OF CARLIN &

16

BUCHSBAUM

17 A Limited Liability Partnership

18

19 By: /s/ Claudette Villicaña

Gary R. Carlin,

20

Claudette Villicaña,

21 Attorneys for Plaintiff, Steven Feckley

22

23 Dated: November 4, 2019_ NIXON PEABODY LLP

24

25 By: _/s/ Irene Scholl-Tatevosyan

Michael R. Lindsay

26

Irene Scholl-Tatevosyan

27 Andrea Chavez

Attorneys for Defendants

28

1 CLAOBVOARNACTEO LRAYB OCORARPTOORRAIETSI,O INN CO.F;

2 AMERICA and LABORATORY

CORPORATION OF AMERICA

3

HOLDINGS

4

I, Irene Scholl-Tatevosyan, attest that all other signatories listed, and on whose behalf

5

this filing is also being submitted, concur to the filing’s content and have authorized

6 this filing. /s/ Irene Scholl-Tatevosyan

7

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

8

9

Dated: ____N_o_v_e_m__b_er_ _5_, _2_0_1_9_____

10

_______/_s_/ _A_u_t_u_m_n_ _D_._ S_p_a_e_t_h__________

11

Honorable Autumn D. Spaeth

12 United States Magistrate Judge

13

14

15

16 EXHIBIT A

17 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

18 I, _____________________________ [print or type full name], of

19 _________________ [print or type full address], declare under penalty of perjury that I

20 have read in its entirety and understand the Stipulated Protective Order that was issued

21 by the United States District Court for the Central District of California on [date] in the

22 case of STEVEN FECKLEY vs. COVANCE, INC., LABORATORY

23 CORPORATION OF AMERICA, LABORATORY CORPORATION OF AMERICA

24 HOLDINGS, and LC LABORATORY CORPORATION OF AMERICA; Case No.

25 8:19-CV-00122-AG-ADSx. I agree to comply with and to be bound by all the terms of

26 this Stipulated Protective Order and I understand and acknowledge that failure to so

27 comply could expose me to sanctions and punishment in the nature of contempt. I

28 solemnly promise that I will not disclose in any manner any information or item that is

1 subject to this Stipulated Protective Order to any person or entity except in strict

2 compliance with the provisions of this Order. I further agree to submit to the

3 jurisdiction of the United States District Court for the Central District of California for

4 enforcing the terms of this Stipulated Protective Order, even if such enforcement

5 proceedings occur after termination of this action.

6 I hereby appoint __________________________ [print or type full name] of

7 _______________________________________ [print or type full address and

8 telephone number] as my California agent for service of process in connection with

9 this action or any proceedings related to enforcement of this Stipulated Protective

10 Order.

11 ///

12 ///

13 ///

14 ///

15 Date:

16 City and State where sworn and signed:

17

18 Printed name:

19 Signature:

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