even stipulated protective 20 orders require good cause showing
How later courts described this case
- even stipulated protective 20 orders require good cause showing
Written by the judges who cited it.
The opinion
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9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA
11 THOMAS SIMS II on behalf of himself Case No. 2:20-cv-00378-PSG-AFM
and others similarly situated,
12 STIPULATED PROTECTIVE
Plaintiff, ORDER1
13
vs.
14
UNITED PARCEL SERVICE, INC., a Courtroom: 6A
15 Delaware corporation; UPS, a business Judge: Hon. Philip S. Gutierrez
entity unknown; and DOES 1 to 100,
16 Inclusive,
17 Defendants.
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1 This stipulated protective Order is based substantially on the model
28 protective order provided under Magistrate Judge Alexander F. MacKinnon’s
Procedures.
1 Joseph Lavi, Esq.
jlavi@lelawfirm.com
2 Jordan D. Bello, Esq.
jbello@lelawfirm.com
3
LAVI & EBRAHIMIAN, LLP
4 8889 W. Olympic Blvd., Suite 200
Beverly Hills, California 90211
5 Telephone: (310) 432-0000
Facsimile: (310) 432-0001
6
7 Sahag Majarian II, Esq.
Sahagii@aol.com
8 LAW OFFICES OF SAHAG MAJARIAN II
18250 Ventura Boulevard
9 Tarzana, California 91356
Telephone: (818) 609-0807
10
Facsimile: (818) 609-0892
11
Attorneys for Plaintiff
12 THOMAS SIMS II on behalf of himself and others
similarly situated
13
14 ELIZABETH A. BROWN (SB# 235429)
JENNIFER SVANFELDT (SB# 233248)
15 MATTHEW W. MORRIS (SB# 309741)
CARLOS I. MARTINEZ-GARCIA (SB# 300234)
16 lisabrown@gbgllp.com
jensvanfeldt@gbgllp.com
17
mattmorris@gbgllp.com
carlosmartinez@gbgllp.com
18
GBG LLP
19 633 West 5th Street, Suite 3330
Los Angeles, CA 90071
20 Telephone: (213) 358-2810
Facsimile: (213) 995-6382
21
22 Attorneys for Defendants
UNITED PARCEL SERVICE, INC., an Ohio
23 corporation, incorrectly sued herein as “United Parcel
Service, Inc., a Delaware corporation” and “UPS”
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1 1. A. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 proprietary or private information for which special protection from public
4 disclosure and from use for any purpose other than prosecuting this litigation may
5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court
6 to enter the following Stipulated Protective Order. The parties acknowledge that
7 this Order does not confer blanket protections on all disclosures or responses to
8 discovery and that the protection it affords from public disclosure and use
9 extends only to the limited information or items that are entitled to confidential
10 treatment under the applicable legal principles.
11 B. GOOD CAUSE STATEMENT
12 This action is likely to involve the exchange of records and information
13 referencing or otherwise reflecting certain business practices, internal procedures,
14 customer information, trade secrets and other valuable research, development,
15 commercial, financial, technical and/or proprietary information for which special
16 protection from public disclosure and from use for any purpose other than
17 prosecution of this action is warranted. Such confidential and proprietary materials
18 and information consist of, among other things, confidential business or financial
19 information, information regarding confidential business practices, or other
20 confidential research, development, or commercial information (including
21 information implicating privacy rights of third parties), information otherwise
22 generally unavailable to the public, or which may be privileged or otherwise
23 protected from disclosure under state or federal statutes, court rules, case decisions,
24 or common law. Accordingly, to expedite the flow of information, to facilitate the
25 prompt resolution of disputes over confidentiality of discovery materials, to
26 adequately protect information the parties are entitled to keep confidential, to
27 ensure that the parties are permitted reasonable necessary uses of such material in
28 preparation for and in the conduct of trial, to address their handling at the end of the
1 litigation, and serve the ends of justice, a protective order for such information is
2 justified in this matter. It is the intent of the parties that information will not be
3 designated as confidential for tactical reasons and that nothing be so designated
4 without a good faith belief that it has been maintained in a confidential, non-public
5 manner, and there is good cause why it should not be part of the public record of
6 this case.
7 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
8 SEAL
9 The parties further acknowledge, as set forth in Section 12.3, below, that this
10 Stipulated Protective Order does not entitle them to file confidential information
11 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
12 and the standards that will be applied when a party seeks permission from the court
13 to file material under seal.
14 There is a strong presumption that the public has a right of access to judicial
15 proceedings and records in civil cases. In connection with non-dispositive motions,
16 good cause must be shown to support a filing under seal. See Kamakana v. City
17 and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.
18 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
19 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective
20 orders require good cause showing), and a specific showing of good cause or
21 compelling reasons with proper evidentiary support and legal justification, must be
22 made with respect to Protected Material that a party seeks to file under seal. The
23 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL
24 does not—without the submission of competent evidence by declaration,
25 establishing that the material sought to be filed under seal qualifies as confidential,
26 privileged, or otherwise protectable—constitute good cause.
27 Further, if a party requests sealing related to a dispositive motion or trial,
28 then compelling reasons, not only good cause, for the sealing must be shown, and
1 the relief sought shall be narrowly tailored to serve the specific interest to be
2 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
3 2010). For each item or type of information, document, or thing sought to be filed
4 or introduced under seal in connection with a dispositive motion or trial, the party
5 seeking protection must articulate compelling reasons, supported by specific facts
6 and legal justification, for the requested sealing order. Again, competent evidence
7 supporting the application to file documents under seal must be provided by
8 declaration.
9 Any document that is not confidential, privileged, or otherwise protectable
10 in its entirety will not be filed under seal if the confidential portions can be
11 redacted. If documents can be redacted, then a redacted version for public
12 viewing, omitting only the confidential, privileged, or otherwise protectable
13 portions of the document, shall be filed. Any application that seeks to file
14 documents under seal in their entirety should include an explanation of why
15 redaction is notfeasible.
16 2. DEFINITIONS
17 2.1 Action: Thomas Sims II, on behalf of himself and all others similarly
18 situated v. United Parcel Service, Inc., et al., United States District court, Central
19 District of California, Case No. 2:20-cv-00378-PSG-AFM.
20 2.2 Challenging Party: a Party or Non-Party that challenges the
21 designation of information or items under this Order.
22 2.3 “CONFIDENTIAL” Informationor Items: information (regardlessof
23 how it is generated, stored or maintained) or tangible things that qualify for
24 protection under Federal Rule of Civil Procedure 26(c), and as specified above
25 in the Good Cause Statement.
26 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
27 their support staff).
28 2.5 Designating Party: a Party or Non-Party that designates information
1 or items that it produces in disclosures or in responses to discovery as
2 “CONFIDENTIAL.”
3 2.6 Disclosure or Discovery Material: all items or information, regardless
4 of the medium or manner in which it is generated, stored, or maintained
5 (including, among other things, testimony, transcripts, and tangible things), that are
6 produced or generated in disclosures or responses to discovery in this matter.
7 2.7 Expert: a person with specialized knowledge or experience in a
8 matter pertinent to the litigation who has been retained by a Party or its counsel to
9 serve as an expert witness or as a consultant in this Action.
10 2.8 House Counsel: attorneys who are employees of a party to this
11 Action. House Counsel does not include Outside Counsel of Record or any
12 other outside counsel.
13 2.9 Non-Party: any natural person, partnership, corporation, association or
14 other legal entity not named as a Party to this action.
15 2.10 Outside Counsel of Record: attorneys who are not employees ofa
16 party to this Action but are retained to represent or advise a party to this Action
17 and have appeared in this Action on behalf of that party or are affiliated with a law
18 firm that has appeared on behalf of that party, and includes supportstaff.
19 2.11 Party: any party to this Action, including all of its officers,
20 directors, employees, consultants, retained experts, and Outside Counsel of Record
21 (and their support staffs).
22 2.12 Producing Party: a Party or Non-Party that produces Disclosureor
23 Discovery Material in this Action.
24 2.13 Professional Vendors: persons or entities that provide litigation
25 support services (e.g., photocopying, videotaping, translating, preparing exhibits
26 or demonstrations, and organizing, storing, or retrieving data in any form or
27 medium) and their employees and subcontractors.
28 2.14 Protected Material: any Disclosure or Discovery Material that is
1 designated as “CONFIDENTIAL.”
2 2.15 Receiving Party: a Party that receives Disclosure or Discovery
3 Material from a Producing Party.
4 3. SCOPE
5 The protections conferred by this Stipulation and Order cover not only
6 Protected Material (as defined above), but also (1) any information copied or
7 extracted from Protected Material; (2) all copies, excerpts, summaries, or
8 compilations of Protected Material; and (3) any testimony, conversations, or
9 presentations by Parties or their Counsel that might reveal ProtectedMaterial. Any
10 use of Protected Material at trial shall be governed by the orders of the trial
11 judge. This Order does not govern the use of Protected Material attrial.
12 4. DURATION
13 Once a case proceeds to trial, information that was designated as
14 CONFIDENTIAL or maintained pursuant to this protective order used or
15 introduced as an exhibit at trial becomes public and will be presumptively
16 available to all members of the public, including the press, unless compelling
17 reasons supported by specific factual findings to proceed otherwise are made to the
18 trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
19 (distinguishing “goodcause” showing for sealing documents produced in
20 discovery from “compelling reasons” standard when merits-related documents are
21 part of court record). Accordingly, the terms of this protective order do not extend
22 beyond the commencement of thetrial.
23 5. DESIGNATING PROTECTED MATERIAL
24 5.1 Exercise of Restraint and Care in Designating Material for
25 Protection. Each Party or Non-Party that designates information or items for
26 protection under this Order must take care to limit any such designation to
27 specific material that qualifies under the appropriate standards. The Designating
28 Party must designate for protection only those parts of material, documents,
1 items or oral or written communications that qualify so that other portions of the
2 material, documents, items or communications for which protection is not
3 warranted are not swept unjustifiably within the ambit of this Order. Mass,
4 indiscriminate or routinized designations are prohibited. Designations that are
5 shown to be clearly unjustified or that have been made for an improper
6 purpose (e.g., to unnecessarily encumber the case development process or to
7 impose unnecessary expenses and burdens on other parties) may expose the
8 Designating Party to sanctions. If it comes to a Designating Party’s attention that
9 information or items that it designated for protection do not qualify for protection,
10 that Designating Party must promptly notify all other Parties that it is withdrawing
11 the inapplicabledesignation.
12 5.2 Manner and Timing of Designations. Except as otherwise provided in
13 this Order (see, e.g., second paragraph of section 5.2(a) below), or as
14 otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for
15 protection under this Order must be clearly so designated before the material is
16 disclosed or produced.
17 Designation in conformity with this Order requires:
18 (a) for information in documentary form (e.g., paper or electronic
19 documents, but excluding transcripts of depositions or other pretrial or trial
20 proceedings), that the Producing Party affix at a minimum, the legend
21 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
22 contains protected material. If only a portion of the material on a page qualifies for
23 protection, the Producing Party also must clearly identify the protected
24 portion(s) (e.g., by making appropriate markings in the margins).
25 A Party or Non-Party that makes original documents available for
26 inspection need not designate them for protection until after the inspecting Party
27 has indicated which documents it would like copied and produced. During the
28 inspection and before the designation, all of the material made available for
1 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
2 identified the documents it wants copied and produced, the Producing Party must
3 determine which documents, or portions thereof, qualify for protection under this
4 Order. Then, before producing the specified documents, the Producing Party must
5 affix the “CONFIDENTIAL legend” to each page that contains Protected Material.
6 If only a portion of the material on a page qualifies for protection, the Producing
7 Party also must clearly identify the protected portion(s) (e.g., by making
8 appropriate markings in the margins).
9 (b) for testimony given in depositions that the Designating Party
10 identifies the Disclosure or Discovery Material on the record, before the close of
11 the deposition all protected testimony.
12 (c) for information produced in some form other than
13 documentary and for any other tangible items, that the Producing Party affix in a
14 prominent place on the exterior of the container or containers in which the
15 information is stored the legend “CONFIDENTIAL.” If only a portion or portions
16 of the information warrants protection, the Producing Party, to the extent
17 practicable, shall identify the protected portion(s).
18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
19 failure to designate qualified information or items does not, standing alone,
20 waive the Designating Party’s right to secure protection under this Order for such
21 material. Upon timely correction of a designation, the Receiving Party must make
22 reasonable efforts to assure that the material is treated in accordance with the
23 provisions of this Order.
24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
26 designation of confidentiality at any time that is consistent with the Court’s
27 Scheduling Order.
28 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
1 resolution process under Local Rule 37-1 et seq.
2 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via
3 a joint stipulation pursuant to Local Rule 37-2.
4 6.4 The burden of persuasion in any such challenge proceeding shall be
5 on the Designating Party. Frivolous challenges, and those made for an improper
6 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
7 parties) may expose the Challenging Party to sanctions. Unless the Designating
8 Party has waived or withdrawn the confidentiality designation, all parties shall
9 continue to afford the material in question the level of protection to which it
10 is entitled under the Producing Party’s designation until the Court rules on the
11 challenge.
12 7. ACCESS TO AND USE OF PROTECTED MATERIAL
13 7.1 Basic Principles. A Receiving Party may use Protected Material that is
14 disclosed or produced by another Party or by a Non-Party in connection with
15 this Action only for prosecuting, defending or attempting to settle this Action.
16 Such Protected Material may be disclosed only to the categories of persons and
17 under the conditions described in this Order. When the Action has been
18 terminated, a Receiving Party must comply with the provisions of section 13 below
19 (FINAL DISPOSITION).
20 Protected Material must be stored and maintained by a Receiving Party at
21 a location and in a secure manner that ensures that access is limited to the
22 persons authorized under this Order.
23 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
24 otherwise ordered by the court or permitted in writing by the Designating Party,
25 a Receiving Party may disclose any information or item designated
26 “CONFIDENTIAL” only to:
27 (a) the Receiving Party’s Outside Counsel of Record in this
28 Action, as well as employees of said Outside Counsel of Record to whom it is
1 reasonably necessary to disclose the information for this Action;
2 (b) the officers, directors, and employees (including House
3 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for
4 thisAction;
5 (c) Experts (as defined in this Order) of the Receiving Party to
6 whom disclosure is reasonably necessary for this Action and who have signed
7 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
8 (d) the court and its personnel; (e) court reporters and their staff;
9 (f) professional jury or trial consultants, mock jurors, and
10 Professional Vendors to whom disclosure is reasonably necessary for this Action
11 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
12 A);
13 (g) the author or recipient of a document containing the
14 information or a custodian or other person who otherwise possessed or knew the
15 information;
16 (h) during their depositions, witnesses, and attorneys for witnesses,
17 in the Action to whom disclosure is reasonably necessary provided: (1) the
18 deposing party requests that the witness sign the form attached as Exhibit 1 hereto;
19 and (2) they will not be permitted to keep any confidential information unless they
20 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
21 otherwise agreed by the Designating Party or ordered by the court. Pages of
22 transcribed deposition testimony or exhibits to depositions that reveal Protected
23 Material may be separately bound by the court reporter and may not be disclosed to
24 anyone except as permitted under this Stipulated Protective Order; and
25 (i) any mediator or settlement officer, and their supporting personnel,
26 mutually agreed upon by any of the parties engaged in settlementdiscussions.
27 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
28 IN OTHER LITIGATION
1 If a Party is served with a subpoena or a court order issued in other
2 litigation that compels disclosure of any information or items designated in this
3 Action as “CONFIDENTIAL,” that Party must:
4 (a) promptly notify in writing the Designating Party.Such
5 notification shall include a copy of the subpoena or court order;
6 (b) promptly notify in writing the party who caused the subpoena or
7 order to issue in the other litigation that some or all of the material covered by the
8 subpoena or order is subject to this Protective Order. Such notification shall
9 include a copy of this Stipulated Protective Order; and
10 (c) cooperate with respect to all reasonable procedures sought to be
11 pursued by the Designating Party whose Protected Material may beaffected.
12 If the Designating Party timely seeks a protective order, the Party served
13 with the subpoena or court order shall not produce any information designated
14 in this action as “CONFIDENTIAL” before a determination by the court from
15 which the subpoena or order issued, unless the Party has obtained the
16 Designating Party’s permission. The Designating Party shall bear the burden
17 and expense of seeking protection in that court of its confidential material and
18 nothing in these provisions should be construed as authorizing or encouraging a
19 Receiving Party in this Action to disobey a lawful directive from another court.
20 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
21 PRODUCED IN THIS LITIGATION
22 (a) The terms of this Order are applicable to information
23 produced by a Non-Party in this Action and designated as “CONFIDENTIAL.”
24 Such information produced by Non-Parties in connection with this litigation is
25 protected by the remedies and relief provided by this Order. Nothing in these
26 provisions should be construed as prohibiting a Non-Party from seeking additional
27 protections.
28 (b) In the event that a Party is required, by a valid discovery
1 request, to produce a Non-Party’s confidential information in its possession, and
2 the Party is subject to an agreement with the Non-Party not to produce the Non-
3 Party’s confidential information, then the Party shall:
4 (1) promptly notify in writing the Requesting Party and the
5 Non-Party that some or all of the information requested is subject to a
6 confidentiality agreement with a Non-Party;
7 (2) promptly provide the Non-Party with a copy of the
8 Stipulated Protective Order in this Action, the relevant discovery request(s), and a
9 reasonably specific description of the information requested; and
10 (3) make the information requested available for
11 inspection by the Non-Party, if requested.
12 (c) If the Non-Party fails to seek a protective order from this court
13 within 14 days of receiving the notice and accompanying information, the
14 Receiving Party may produce the Non-Party’s confidential information responsive
15 to the discovery request. If the Non-Party timely seeks a protective order, the
16 Receiving Party shall not produce any information in its possession or control that
17 is subject to the confidentiality agreement with the Non-Party before a
18 determination by the court. Absent a court order to the contrary, the Non-Party
19 shall bear the burden and expense of seeking protection in this court of its
20 Protected Material.
21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
22 If a Receiving Party learns that, by inadvertence or otherwise, it has
23 disclosed Protected Material to any person or in any circumstance not authorized
24 under this Stipulated Protective Order, the Receiving Party must immediately
25 (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use
26 its best efforts to retrieve all unauthorized copies of the Protected Material, (c)
27 inform the person or persons to whom unauthorized disclosures were made of all
28 the terms of this Order, and (d) request such person or persons to execute the
1 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
2 A.
3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
4 PROTECTED MATERIAL
5 When a Producing Party gives notice to Receiving Parties that certain
6 inadvertently produced material is subject to a claim of privilege or other
7 protection, the obligations of the Receiving Parties are those set forth in Federal
8 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
9 whatever procedure may be established in an e-discovery order that provides for
10 production without prior privilege review. Pursuant to Federal Rule of Evidence
11 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
12 of a communication or information covered by the attorney-client privilege or
13 work product protection, the parties may incorporate their agreement in the
14 stipulated protective order submitted to the court.
15 12. MISCELLANEOUS
16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
17 person to seek its modification by the Court in thefuture.
18 12.2 Right to AssertOther Objections. By stipulating to the entry of this
19 Protective Order, no Party waives any right it otherwise would have to object
20 to disclosing or producing any information or item on any ground not addressed in
21 this Stipulated Protective Order. Similarly, no Party waives any right to object on
22 any ground to use in evidence of any of the material covered by this Protective
23 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
26 may only be filed under seal pursuant to a court order authorizing the sealing of
27 the specific Protected Material at issue. If a Party’s request to file Protected
28 Material under seal is denied by the court, then the Receiving Party may file the
1 information 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
4 60 days of a written request by the Designating Party, each Receiving Party must
5 return all Protected Material to the Producing Party or destroy such material. As
6 used in this subdivision, “all Protected Material” includes all copies, abstracts,
7 compilations, summaries, and any other format reproducing or capturing any of
8 the Protected Material. Whether the Protected Material is returned or destroyed,
9 the Receiving Party must submit a written certification to the Producing Party (and,
10 if not the same person or entity, to the Designating Party) by the 60 day deadline
11 that (1) identifies (by category, where appropriate) all the Protected Material
12 that was returned or destroyed and (2) affirms that the Receiving Party has
13 not retained any copies, abstracts, compilations, summaries or any other format
14 reproducing or capturing any of the Protected Material. Notwithstanding this
15 provision, Counsel are entitled to retain an archival copy of all pleadings, motion
16 papers, trial, deposition, and hearing transcripts, legal memoranda,
17 correspondence, deposition and trial exhibits, expert reports, attorney work
18 product, and consultant and expert work product, even if such materials contain
19 Protected Material. Any such archival copies that contain or constitute Protected
20 Material remain subject to this Protective Order as set forth in Section 4
21 (DURATION)
22 //
23 //
24 //
25 //
26 //
27 //
28 //
1] 14. VIOLATION
2 || Any violation of this Order may be punished by appropriate measures including,
3 || without limitation, contempt proceedings and/or monetary sanctions.
4} ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.
5 || DATED: August __, 2020
6 BY:
7
8 Attorneys for Plaintiff
THOMAS SIMS II
9
10 | DATED: August __, 2020 GBG LLP
11
12 BY.
13
14 Attorneys for Defendants
UNITED PARCEL SERVICE, INC.
15
16 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
17
18] Dated: 8/28/2020
19
"| Ady Moxke—
21
92 || Hon. Alexander F. MacKinnon
United States Magistrate Judge
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Case No. 2:20-cv-00378-PSG-AFM -T3- STIPULATED PROTECTIVE ORDER
1
2
3 EXHIBIT A
4 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
5 I, _____________________________________[print or type full name], of
6 ___________________ [print or type full address], declare under penalty ofperjury
7 that I have read in its entirety and understand the Stipulated Protective Orderthat
8 was issued by the United States District Court for the Central District of California
9 on [date] in the case of Thomas Sims II, on behalf of himself and all others similarly
10 situated v. United Parcel Service, Inc., et al., United States District court, Central
11 District of California, Case No. 2:20-cv-00378-PSG-AFM. I agree to comply with
12 and tobe bound by all the terms of this Stipulated Protective Order and I understand
13 and acknowledge that failure to so comply could expose me to sanctions and
14 punishment in the nature of contempt. I solemnly promise that I will not disclose in
15 anymanner any information or item that is subject to this Stipulated Protective
16 Order toany person or entity except in strict compliance with the provisions of this
17 Order. I further agree to submit to the jurisdiction of the United States District
18 Court forthe Central District of California for enforcing the terms of this Stipulated
19 Protective Order, even if such enforcement proceedings occur after termination of
20 thisaction. I hereby appoint _____________________ [print or type full name] of
21 __________________________________________________[print or type full address and
22 telephone number] as my California agent for service of process in connectionwith
23 this action or any proceedings related to enforcement of this StipulatedProtective
24 Order.
25 Date: _____________________________
26 City and State where sworn and signed: _________________________________
27 Printed name: __________________________________
28
1 Signature: _____________________________________
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