# Eric Ayala v. UPS Supply Chain Solutions, Inc.

> District Court, C.D. California · June 15, 2020

URL: https://www.frixlaw.com/law-library/cases/10038179

## Case

- **Court:** District Court, C.D. California
- **Decided:** June 15, 2020
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

DAVID G. SPIVAK (SBN 179684)
1
david@spivaklaw.com
2 CARL J. KAPLAN (SBN 323019)
3 carl@spivaklaw.com
THE SPIVAK LAW FIRM
4 16530 Ventura Blvd., Suite 203
5 Encino, CA 91436
Telephone (818) 582-3086
6
Facsimile (818) 582-2561
7
Attorneys for Plaintiff,
8
ERIC AYALA, and all others similarly situated
9
10 (Additional Counsel on Following Page)
11 UNITED STATES DISTRICT COURT
12
CENTRAL DISTRICT OF CALIFORNIA
13
14 ERIC AYALA and ADRIAN AVILES, Case No.: 5:20-cv-00117-PSG-AFM
on behalf of themselves and all others
15
similarly situated,
16 [PROPOSED] STIPULATED
17 Plaintiff(s), PROTECTIVE ORDER1
18 vs. Hon. Alexander F. MacKinnon
19 U.S. Magistrate Judge
UPS SUPPLY CHAIN SOLUTIONS,
20
INC., a Delaware corporation; and
21 DOES 1-50, inclusive,
22
Defendant(s).
23
24
25
26
27
1This stipulated protective Order is based substantially on the model protective
28 order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures.
1
ATTORNEYS FOR PLAINTIFF ADRIAN AVILES
1
2 NORMAN B. BLUMENTHAL (SBN 068687)
3 norm@bamlawca.com
KYLE R. NORDREHAUG (SBN 205975)
4 kyle@bamlawca.com
5 APARAJIT BHOWMIK (SBN 248066)
aj@bamlawca.com
6
VICTORIA B. RIVAPALACIO (SBN 275115)
7 victoria@bamlawca.com
CHARLOTTE E. JAMES (SBN 308441)
8
charlotte@bamlawca.com
9 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
10 2255 Calle Clara
La Jolla, CA 92037
11 Telephone: (858) 551-1223
12 Facsimile: (858) 551-1232
13
Attorneys for Plaintiff, ADRIAN AVILES, and all others similarly situated
14
ATTORNEY FOR DEFENDANT
15
16 ELIZABETH A. BROWN (SBN 235429)
17 lisabrown@gbgllp.com
JENNIFER SVANFELDT (SBN 233248)
18 jensvanfeldt@gbgllp.com
19 CARLOS I. MARTINEZ-GARCIA (SBN 300234)
carlosmartinez@gbgllp.com
20
MATTHREW W. MORRIS (SBN 309741)
21 mattmorris@gbgllp.com
GBG LLP
22
633 West 5th St., Suite 3330
23 Los Angeles, CA 90071
24 Telephone: (213) 358-2810
Facsimile: (213) 995-6382
25
26 Attorney for Defendants, UPS SUPPLY CHAIN SOLUTIONS, INC. and UPS
SUPPLY CHAIN SOLUTIONS GENERAL SERVICES, INC.
27
28
2
1 Counsel for Plaintiffs Eric Ayala and Adrian Aviles (“Plaintiffs”) and
2 Defendant UPS Supply Chain Solutions, Inc. (“Defendant2”), by and through their
3 respective counsel of record, stipulated as follows:
4 1. A. PURPOSES AND LIMITATIONS
5 Discovery in this action is likely to involve production of confidential,
6 proprietary or private information for which special protection from public
7 disclosure and from use for any purpose other than prosecuting this litigation may
8 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
9 enter the following Stipulated Protective Order. The parties acknowledge that this
10 Order does not confer blanket protections on all disclosures or responses to
11 discovery and that the protection it affords from public disclosure and use extends
12 only to the limited information or items that are entitled to confidential treatment
13 under the applicable legal principles.
14 B. GOOD CAUSE STATEMENT
15 This action is likely to involve the exchange of records and information
16 referencing or otherwise reflecting certain business practices, internal procedures,
17 customer information, trade secrets and other valuable research, development,
18 commercial, financial, technical and/or proprietary information for which special
19 protection from public disclosure and from use for any purpose other than
20 prosecution of this action is warranted. Such confidential and proprietary materials
21 and information consist of, among other things, confidential business or financial
22 information, information regarding confidential business practices, or other
23 confidential research, development, or commercial information (including
24 information implicating privacy rights of third parties), information otherwise
25 generally unavailable to the public, or which may be privileged or otherwise
26
27 2 The parties have agreed that UPS Supply Chain Solutions General Services, Inc.
will be dismissed. To the extent it is subsequently added to this litigation, it shall
28 be bound by this agreement.
3
1 protected from disclosure under state or federal statutes, court rules, case decisions,
2 or common law. Accordingly, to expedite the flow of information, to facilitate the
3 prompt resolution of disputes over confidentiality of discovery materials, to
4 adequately protect information the parties are entitled to keep confidential, to ensure
5 that the parties are permitted reasonable necessary uses of such material in
6 preparation for and in the conduct of trial, to address their handling at the end of the
7 litigation, and serve the ends of justice, a protective order for such information is
8 justified in this matter. It is the intent of the parties that information will not be
9 designated as confidential for tactical reasons and that nothing be so designated
10 without a good faith belief that it has been maintained in a confidential, non-public
11 manner, and there is good cause why it should not be part of the public record of
12 this case.
13 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
14 SEAL
15 The parties further acknowledge, as set forth in Section 12.3, below, that this
16 Stipulated Protective Order does not entitle them to file confidential information
17 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
18 and the standards that will be applied when a party seeks permission from the court
19 to file material under seal.
20 There is a strong presumption that the public has a right of access to judicial
21 proceedings and records in civil cases. In connection with non-dispositive motions,
22 good cause must be shown to support a filing under seal. See Kamakana v. City and
23 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
24 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
25 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
26 require good cause showing), and a specific showing of good cause or compelling
27 reasons with proper evidentiary support and legal justification, must be made with
28 respect to Protected Material that a party seeks to file under seal. The parties’ mere
4
1 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—
2 without the submission of competent evidence by declaration, establishing that the
3 material sought to be filed under seal qualifies as confidential, privileged, or
4 otherwise protectable—constitute good cause.
5 Further, if a party requests sealing related to a dispositive motion or trial, then
6 compelling reasons, not only good cause, for the sealing must be shown, and the
7 relief sought shall be narrowly tailored to serve the specific interest to be protected.
8 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For
9 each item or type of information, document, or thing sought to be filed or introduced
10 under seal in connection with a dispositive motion or trial, the party seeking
11 protection must articulate compelling reasons, supported by specific facts and legal
12 justification, for the requested sealing order. Again, competent evidence supporting
13 the application to file documents under seal must be provided by declaration.
14 Any document that is not confidential, privileged, or otherwise protectable in
15 its entirety will not be filed under seal if the confidential portions can be redacted.
16 If documents can be redacted, then a redacted version for public viewing, omitting
17 only the confidential, privileged, or otherwise protectable portions of the document,
18 shall be filed. Any application that seeks to file documents under seal in their
19 entirety should include an explanation of why redaction is not feasible.
20 2. DEFINITIONS
21 2.1 Action: this pending federal lawsuit, Eric Ayala, et al. v. UPS Supply
22 Chain Solutions, Inc., et al., United States District Court, Central District of
23 California, Case No. 5:20-cv-00117-PSG-AFM.
24 2.2 Challenging Party: a Party or Non-Party that challenges the designation
25 of information or items under this Order.
26 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
27 how it is generated, stored or maintained) or tangible things that qualify for
28 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
5
1 the Good Cause Statement.
2 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
3 support staff).
4 2.5 Designating Party: a Party or Non-Party that designates information or
5 items that it produces in disclosures or in responses to discovery as
6 “CONFIDENTIAL.”
7 2.6 Disclosure or Discovery Material: all items or information, regardless of
8 the medium or manner in which it is generated, stored, or maintained (including,
9 among other things, testimony, transcripts, and tangible things), that are produced
10 or generated in disclosures or responses to discovery in this matter.
11 2.7 Expert: a person with specialized knowledge or experience in a matter
12 pertinent to the litigation who has been retained by a Party or its counsel to serve as
13 an expert witness or as a consultant in this Action.
14 2.8 House Counsel: attorneys who are employees of a party to this Action.
15 House Counsel does not include Outside Counsel of Record or any other outside
16 counsel.
17 2.9 Non-Party: any natural person, partnership, corporation, association or
18 other legal entity not named as a Party to this action.
19 2.10 Outside Counsel of Record: attorneys who are not employees of a party
20 to this Action but are retained to represent or advise a party to this Action and have
21 appeared in this Action on behalf of that party or are affiliated with a law firm that
22 has appeared on behalf of that party, and includes support staff.
23 2.11 Party: any party to this Action, including all of its officers, directors,
24 employees, consultants, retained experts, and Outside Counsel of Record (and their
25 support staffs).
26 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
27 Discovery Material in this Action.
28 2.13 Professional Vendors: persons or entities that provide litigation support
6
1 services (e.g., photocopying, videotaping, translating, preparing exhibits or
2 demonstrations, and organizing, storing, or retrieving data in any form or medium)
3 and their employees and subcontractors.
4 2.14 Protected Material: any Disclosure or Discovery Material that is
5 designated as “CONFIDENTIAL.”
6 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
7 from a Producing Party.
8 3. SCOPE
9 The protections conferred by this Stipulation and Order cover not only
10 Protected Material (as defined above), but also (1) any information copied or
11 extracted from Protected Material; (2) all copies, excerpts, summaries, or
12 compilations of Protected Material; and (3) any testimony, conversations, or
13 presentations by Parties or their Counsel that might reveal Protected Material.
14 Any use of Protected Material at trial shall be governed by the orders of the
15 trial judge. This Order does not govern the use of Protected Material at trial.
16 4. DURATION
17 Once a case proceeds to trial, information that was designated as
18 CONFIDENTIAL or maintained pursuant to this protective order used or
19 introduced as an exhibit at trial becomes public and will be presumptively available
20 to all members of the public, including the press, unless compelling reasons
21 supported by specific factual findings to proceed otherwise are made to the trial
22 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing
23 “good cause” showing for sealing documents produced in discovery from
24 “compelling reasons” standard when merits-related documents are part of court
25 record). Accordingly, the terms of this protective order do not extend beyond the
26 commencement of the trial.
27 5. DESIGNATING PROTECTED MATERIAL
28 5.1 Exercise of Restraint and Care in Designating Material for Protection.
7
1 Each Party or Non-Party that designates information or items for protection under
2 this Order must take care to limit any such designation to specific material that
3 qualifies under the appropriate standards. The Designating Party must designate for
4 protection only those parts of material, documents, items or oral or written
5 communications that qualify so that other portions of the material, documents, items
6 or communications for which protection is not warranted are not swept unjustifiably
7 within the ambit of this Order.
8 Mass, indiscriminate or routinized designations are prohibited. Designations
9 that are shown to be clearly unjustified or that have been made for an improper
10 purpose (e.g., to unnecessarily encumber the case development process or to impose
11 unnecessary expenses and burdens on other parties) may expose the Designating
12 Party to sanctions.
13 If it comes to a Designating Party’s attention that information or items that
14 it designated for protection do not qualify for protection, that Designating Party
15 must promptly notify all other Parties that it is withdrawing the inapplicable
16 designation.
17 5.2 Manner and Timing of Designations.Except as otherwise provided in this
18 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
19 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
20 under this Order must be clearly so designated before the material is disclosed or
21 produced.
22 Designation in conformity with this Order requires:
23 (a) for information in documentary form (e.g., paper or electronic
24 documents, but excluding transcripts of depositions or other pretrial or trial
25 proceedings), that the Producing Party affix at a minimum, the legend
26 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
27 contains protected material. If only a portion of the material on a page qualifies for
28 protection, the Producing Party also must clearly identify the protected portion(s)
8
1 (e.g., by making appropriate markings in the margins).
2 A Party or Non-Party that makes original documents available for inspection
3 need not designate them for protection until after the inspecting Party has indicated
4 which documents it would like copied and produced. During the inspection and
5 before the designation, all of the material made available for inspection shall be
6 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
7 documents it wants copied and produced, the Producing Party must determine
8 which documents, or portions thereof, qualify for protection under this Order. Then,
9 before producing the specified documents, the Producing Party must affix the
10 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
11 portion of the material on a page qualifies for protection, the Producing Party also
12 must clearly identify the protected portion(s) (e.g., by making appropriatemarkings
13 in the margins).
14 (b) for testimony given in depositions that the Designating Party
15 identifies the Disclosure or Discovery Material on the record, before the close of
16 the deposition all protected testimony.
17 (c) for information produced in some form other than documentary and
18 for any other tangible items, that the Producing Party affix in a prominent place on
19 the exterior of the container or containers in which the information is stored the
20 legend “CONFIDENTIAL.” If only a portion or portions of the information
21 warrants protection, the Producing Party, to the extent practicable, shall identify the
22 protected portion(s).
23 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
24 failure to designate qualified information or items does not, standing alone, waive
25 the Designating Party’s right to secure protection under this Order for such material.
26 Upon timely correction of a designation, the Receiving Party must make reasonable
27 efforts to assure that the material is treated in accordance with the provisions of this
28 Order.
9
1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
3 designation of confidentiality at any time that is consistent with the Court’s
4 Scheduling Order.
5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
6 resolution process under Local Rule 37-1 et seq.
7 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint
8 stipulation pursuant to Local Rule 37-2.
9 6.4 The burden of persuasion in any such challenge proceeding shall be on
10 the Designating Party. Frivolous challenges, and those made for an improper
11 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
12 parties) may expose the Challenging Party to sanctions. Unless the Designating
13 Party has waived or withdrawn the confidentiality designation, all parties shall
14 continue to afford the material in question the level of protection to which it is
15 entitled under the Producing Party’s designation until the Court rules on the
16 challenge.
17 7. ACCESS TO AND USE OF PROTECTED MATERIAL
18 7.1 Basic Principles. A Receiving Party may use Protected Material that is
19 disclosed or produced by another Party or by a Non-Party in connection with this
20 Action only for prosecuting, defending or attempting to settle this Action. Such
21 Protected Material may be disclosed only to the categories of persons and under the
22 conditions described in this Order. When the Action has been terminated, a
23 Receiving Party must comply with the provisions of section 13 below (FINAL
24 DISPOSITION).
25 Protected Material must be stored and maintained by a Receiving Party at a
26 location and in a secure manner that ensures that access is limited to the persons
27 authorized under this Order.
28 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
10
1 otherwise ordered by the court or permitted in writing by the Designating Party, a
2 Receiving Party may disclose any information or item designated
3 “CONFIDENTIAL” only to:
4 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
5 well as employees of said Outside Counsel of Record to whom it is reasonably
6 necessary to disclose the information for this Action;
7 (b) the officers, directors, and employees (including House Counsel)
8 of the Receiving Party to whom disclosure is reasonably necessary for this Action;
9 (c) Experts (as defined in this Order) of the Receiving Party to whom
10 disclosure is reasonably necessary for this Action and who have signed the
11 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
12 (d) the court and its personnel;
13 (e) court reporters and their staff;
14 (f) professional jury or trial consultants, mock jurors, and Professional
15 Vendors to whom disclosure is reasonably necessary for this Action and who have
16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
17 (g) the author or recipient of a document containing the information or
18 a custodian or other person who otherwise possessed or knew the information;
19 (h) during their depositions, witnesses, and attorneys for witnesses, in
20 the Action to whom disclosure is reasonably necessary provided: (1) the deposing
21 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)
22 they will not be permitted to keep any confidential information unless they sign the
23 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
24 agreed by the Designating Party or ordered by the court. Pages of transcribed
25 deposition testimony or exhibits to depositions that reveal Protected Material may
26 be separately bound by the court reporter and may not be disclosed to anyone except
27 as permitted under this Stipulated Protective Order; and
28 (i) any mediator or settlement officer, and their supporting personnel, mutually
11
1 agreed upon by any of the parties engaged in settlement discussions.
2 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
3 IN OTHER LITIGATION
4 If a Party is served with a subpoena or a court order issued in other litigation
5 that compels disclosure of any information or items designated in this Action as
6 “CONFIDENTIAL,” that Party must:
7 (a) promptly notify in writing the Designating Party. Such notification
8 shall include a copy of the subpoena or court order;
9 (b) promptly notify in writing the party who caused the subpoena or
10 order to issue in the other litigation that some or all of the material covered by the
11 subpoena or order is subject to this Protective Order. Such notification shall include
12 a copy of this Stipulated Protective Order; and
13 (c) cooperate with respect to all reasonable procedures sought to be
14 pursued by the Designating Party whose Protected Material may be affected.
15 If the Designating Party timely seeks a protective order, the Party served with
16 the subpoena or court order shall not produce any information designated in this
17 action as “CONFIDENTIAL” before a determination by the court from which the
18 subpoena or order issued, unless the Party has obtained the Designating Party’s
19 permission. The Designating Party shall bear the burden and expense of seeking
20 protection in that court of its confidential material and nothing in these provisions
21 should be construed as authorizing or encouraging a Receiving Party in this Action
22 to disobey a lawful directive from another court.
23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
24 PRODUCED IN THIS LITIGATION
25 (a) The terms of this Order are applicable to information produced by
26 a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
27 information produced by Non-Parties in connection with this litigation is protected
28 by the remedies and relief provided by this Order. Nothing in these provisions
12
1 should be construed as prohibiting a Non-Party from seeking additional protections.
2 (b) In the event that a Party is required, by a valid discovery request,
3 to produce a Non-Party’s confidential information in its possession, and the Party
4 is subject to an agreement with the Non-Party not to produce the Non-Party’s
5 confidential information, then the Party shall:
6 (1) promptly notify in writing the Requesting Party and the Non-
7 Party that some or all of the information requested is subject to a confidentiality
8 agreement with a Non-Party;
9 (2) promptly provide the Non-Party with a copy of the
10 Stipulated Protective Order in this Action, the relevant discovery request(s), and a
11 reasonably specific description of the information requested; and
12 (3) make the information requested available for inspection by
13 the Non-Party, if requested.
14 (c) If the Non-Party fails to seek a protective order from this court
15 within 14 days of receiving the notice and accompanying information, the
16 Receiving Party may produce the Non-Party’s confidential information responsive
17 to the discovery request. If the Non-Party timely seeks a protective order, the
18 Receiving Party shall not produce any information in its possession or control that
19 is subject to the confidentiality agreement with the Non-Party before a
20 determination by the court. Absent a court order to the contrary, the Non-Party shall
21 bear the burden and expense of seeking protection in this court of its Protected
22 Material.
23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
25 Protected Material to any person or in any circumstance not authorized under this
26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
27 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
28 to retrieve all unauthorized copies of the Protected Material, (c) inform the person
13
1 or persons to whom unauthorized disclosures were made of all the terms of this
2 Order, and (d) request such person or persons to execute the “Acknowledgment and
3 Agreement to Be Bound” that is attached hereto as Exhibit A.
4 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
5 PROTECTED MATERIAL
6 When a Producing Party gives notice to Receiving Parties that certain
7 inadvertently produced material is subject to a claim of privilege or other protection,
8 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
9 Procedure 26(b)(5)(B). This provision is not intended to modify whatever
10 procedure may be established in an e-discovery order that provides for production
11 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
12 (e), insofar as the parties reach an agreement on the effect of disclosure of a
13 communication or information covered by the attorney-client privilege or work
14 product protection, the parties may incorporate their agreement in the stipulated
15 protective order submitted to the court.
16 12. MISCELLANEOUS
17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
18 person to seek its modification by the Court in the future.
19 12.2 Right to Assert Other Objections. By stipulating to the entry of this
20 Protective Order, no Party waives any right it otherwise would have to object to
21 disclosing or producing any information or item on any ground not addressed in this
22 Stipulated Protective Order. Similarly, no Party waives any right to object on any
23 ground to use in evidence of any of the material covered by this Protective Order.
24 12.3 Filing Protected Material. A Party that seeks to file under seal any
25 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
26 only be filed under seal pursuant to a court order authorizing the sealing of the
27 specific Protected Material at issue. If a Party’s request to file Protected Material
28 under seal is denied by the court, then the Receiving Party may file the information
14
1 in the public record unless otherwise instructed by the court.
2 13. FINAL DISPOSITION
3 After the final disposition of this Action, as defined in paragraph 4, within 60
4 days of a written request by the Designating Party, each Receiving Party must return
5 all Protected Material to the Producing Party or destroy such material. As used in
6 this subdivision, “all Protected Material” includes all copies, abstracts,
7 compilations, summaries, and any other format reproducing or capturing any of the
8 Protected Material. Whether the Protected Material is returned or destroyed, the
9 Receiving Party must submit a written certification to the Producing Party (and, if
10 not the same person or entity, to the Designating Party) by the 60 day deadline that
11 (1) identifies (by category, where appropriate) all the Protected Material that was
12 returned or destroyed and (2) affirms that the Receiving Party has not retained any
13 copies, abstracts, compilations, summaries or any other format reproducing or
14 capturing any of the Protected Material. Notwithstanding this provision, Counsel
15 are entitled to retain an archival copy of all pleadings, motion papers, trial,
16 deposition, and hearing transcripts, legal memoranda, correspondence, deposition
17 and trial exhibits, expert reports, attorney work product, and consultant and expert
18 work product, even if such materials contain Protected Material. Any such archival
19 copies that contain or constitute Protected Material remain subject to this Protective
20 Order as set forth in Section 4 (DURATION).
21 14. VIOLATION
22 Any violation of this Order may be punished by appropriate measures
23 including, without limitation, contempt proceedings and/or monetary sanctions.
24 Counsel for Defendant has authorized the filing of this Stipulation with the
25 use of his/her electronic signature hereon.
26 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
27
28
15
THE SPIVAK LAW FIRM
Dated: June 15, 2020 By: _/s/ David Spivak
2 DAVID G. SPIVAK
3 CARL J. KAPLAN
4 Attorneys for Plaintiff, ERIC AYALA

5 BLUMENTHAL NORDREHAUG
6 BHOWMIK DE BLOUW LLP
7 || Dated: June 15, 2020 By: _/s/ Aparajit Bhowmik
g NORMAN B. BLUMENTHAL
KYLE R. NORDREHAUG
9 APARAJIT BHOWMIK
10 VICTORIA B. RIVAPALACIO
CHARLOTTE E. JAMES
M Attorneys for Plaintiff, ADRIAN
12 AVILES
GBG LLP
14
15 Dated: June 15, 2020 By: _/s/ Carlos I. Martinez-Garcia
ELIZABETH A. BROWN
16 JENNIFER SVANFELDT
17 CARLOS I. MARTINEZ-GARCIA
MATTHREW W. MORRIS
18 Attorneys for Defendant, UPS SUPPLY
19 CHAIN SOLUTIONS, INC.
20 ORDER
21 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED
22 || DATED: 6/15/2020
23
2 (40 y Wfox fe
25
26 || ALEXANDER F. MacKINNON
7 || United States Magistrate Judge
28
16
Ayala v. UPS Supply Chain Solutions, et Stipulated Protective Order
al

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 of perjury
5 that I have read in its entirety and understand the Stipulated Protective Order that
6 was issued by the United States District Court for the Central District of California
7 on ________________ [date] in the case of Eric Ayala, et al. v. UPS Supply Chain
8 Solutions, Inc., et al., Case No. 5:20-cv-00117-PSG-AFM. I agree to comply with
9 and to be bound by all the terms of this Stipulated Protective Order and I understand
10 and acknowledge that failure to so comply could expose me to sanctions and
11 punishment in the nature of contempt. I solemnly promise that I will not disclose in
12 any manner any information or item that is subject to this Stipulated Protective
13 Order to any person or entity except in strict compliance with the provisions of this
14 Order. I further agree to submit to the jurisdiction of the United States District Court
15 for 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 I hereby appoint __________________________ [print or type full name] of
19 _______________________________________ [print or type full address and
20 telephone number] as my California agent for service of process in connection with
21 this action or any proceedings related to enforcement of this Stipulated Protective
22 Order.
23
24 Date: ______________________________________
25 City and State where sworn and signed: _________________________________
26 Printed name: _______________________________
27 Signature: __________________________________
28
17

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10038179. Public record. Not legal advice.