even stipulated protective 15 orders require good cause showing
How later courts described this case
- even stipulated protective 15 orders require good cause showing
Written by the judges who cited it.
The opinion
1 Ddterobpopra@h mS.t bTartotoprpn,e Eyssq.c.o –m B ar No. 162613
2 Alyssa M. Abrante, Esq.. – Bar No. 328464
aabrante@mtbattorneys.com
3 McNEIL TROPP & BRAUN LLP
2 Park Plaza, Suite 620
4 Irvine, California 92614
Ph: (949) 259-2890; Fax: (949) 259-2891
5
6 Attorneys for Defendant
COSTCO WHOLESALE CORPORATION, a Washington
7 Corporation
8
UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
10
11
MARION MEADE, an Individual, CASE NO. 2:20-cv-08724-GW (MAAx)
12
Plaintiff,
13
STIPULATED PROTECTIVE
14 vs. ORDER – CONFIDENTIAL
DESIGNATION ONLY
15
COSTCO WHOLESALE
16 CORPORATION, a Washington
Corporation; and DOES 1 through 50,
17
Inclusive,
18
19 Defendants.
20 1. PURPOSES AND LIMITATIONS
21 Discovery in this action is likely to involve production of confidential,
22 proprietary, or private information for which special protection from public
23 disclosure and from use for any purpose other than prosecuting this litigation may
24 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
25 enter the following Stipulated Protective Order. The parties acknowledge that this
26 Stipulated Protective Order does not confer blanket protections on all disclosures
27 or responses to discovery and that the protection it affords from public disclosure
28 and use extends only to the limited information or items that are entitled to
1 confidential treatment under the applicable legal principles. The parties further
2 acknowledge, as set forth in Section 13.3 below, that this Stipulated Protective
3 Order does not entitle them to file confidential information under seal; Local Rule
4 79-5 sets forth the procedures that must be followed and the standards that will be
5 applied when a party seeks permission from the Court to file material under seal.
6 Discovery in this action is likely to involve production of confidential, proprietary,
7 or private information for which special protection from public disclosure and
8 from use for any purpose other than prosecuting this litigation may be warranted.
9 There is a strong presumption that the public has a right of access to judicial
10 proceedings and records in civil cases. In connection with non-dispositive motions,
11 good cause must be shown to support a filing under seal. See Kamakana v. City
12 and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.
13 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
14 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective
15 orders require good cause showing), and a specific showing of good cause or
16 compelling reasons with proper evidentiary support and legal justification, must be
17 made with respect to Protected Material that a party seeks to file under seal. The
18 parties’ mere designation of Disclosure or Discovery Material as
19 CONFIDENTIAL does not— without the submission of competent evidence by
20 declaration, establishing that the material sought to be filed under seal qualifies as
21 confidential, privileged, or otherwise protectable—constitute good cause.
22 Further, if a party requests sealing related to a dispositive motion or trial,
23 then compelling reasons, not only good cause, for the sealing must be shown, and
24 the relief sought shall be narrowly tailored to serve the specific interest to be
25 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
26 2010). For each item or type of information, document, or thing sought to be filed
27 or introduced under seal, the party seeking protection must articulate compelling
28 reasons, supported by specific facts and legal justification, for the requested
1 sealing order. Again, competent evidence supporting the application to file
2 documents under seal must be provided by declaration.
3 Any document that is not confidential, privileged, or otherwise protectable
4 in its entirety will not be filed under seal if the confidential portions can be
5 redacted. If documents can be redacted, then a redacted version for public viewing,
6 omitting only the confidential, privileged, or otherwise protectable portions of the
7 document, shall be filed. Any application that seeks to file documents under seal in
8 their entirety should include an explanation of why redaction is not feasible.
9
10 2. GOOD CAUSE STATEMENT
11 This action is likely to involve trade secrets, customer and pricing lists and
12 other valuable research, development, commercial, financial, technical and/or
13 proprietary information, personal financial information, personal health and
14 medical information, tax return information, and other material for which special
15 protection from public disclosure and from use for any purpose other than
16 prosecution of this action is warranted. Such confidential and proprietary materials
17 and information consist of, among other things, confidential business and/or
18 personal financial information, information regarding confidential business
19 practices, or other confidential research, development, or commercial information
20 (including information implicating privacy rights of third parties), health and
21 medical information, and other information generally unavailable to the public, or
22 which may be privileged or otherwise protected from disclosure under state or
23 federal statutes, court rules, case decisions, or common law. Accordingly, to
24 expedite the flow of information, to facilitate the prompt resolution of disputes
25 over confidentiality of discovery materials, to adequately protect information the
26 parties are entitled to keep confidential, to ensure that the parties are permitted
27 reasonable necessary uses of such material in preparation for and in the conduct of
28 trial, to address their handling at the end of the litigation, and serve the ends of
1 justice, a protective order for such information is justified in this matter. It is the
2 intent of the parties that information will not be designated as confidential for
3 tactical reasons and that nothing be so designated without a good faith belief that it
4 has been maintained in a confidential, non-public manner, and there is good cause
5 why it should not be part of the public record of this case.
6
7 3. DEFINITIONS
8 3.1. Action: MARION MEADE v. COSTCO WHOLESALE
9 CORPORATION, a Washington Corporation, case number 2:20-cv-
10 08724-GW (MAAx).
11 3.2. Challenging Party: A Party or Nonparty that challenges the
12 designation of information or items under this Stipulated Protective
13 Order.
14 3.3. “CONFIDENTIAL” Information or Items: Information (regardless of
15 how it is generated, stored or maintained) or tangible things that
16 qualify for protection under Federal Rule of Civil Procedure 26(c),
17 and as specified above in the Good Cause Statement.
18 3.4. Counsel: Outside Counsel of Record and In-House Counsel (as well
19 as their support staff).
20 3.5. Designating Party: A Party or Nonparty that designates information
21 or items that it produces in disclosures or in responses to discovery as
22 “CONFIDENTIAL.”
23 3.6. Disclosure or Discovery Material: All items or information,
24 regardless of the medium or manner in which it is generated, stored,
25 or maintained (including, among other things, testimony, transcripts,
26 and tangible things), that is produced or generated in disclosures or
27 responses to discovery in this matter.
28 / / /
1 3.7. Expert: A person with specialized knowledge or experience in a
2 matter pertinent to the litigation who has been retained by a Party or
3 its counsel to serve as an expert witness or as a consultant in this
4 Action.
5 3.8. In-House Counsel: Attorneys who are employees of a party to this
6 Action. In-House Counsel does not include Outside Counsel of
7 Record or any other outside counsel.
8 3.9. Nonparty: Any natural person, partnership, corporation, association,
9 or other legal entity not named as a Party to this action.
10 3.10. Outside Counsel of Record: Attorneys who are not employees of a
11 party to this Action but are retained to represent or advise a party to
12 this Action and have appeared in this Action on behalf of that party or
13 are affiliated with a law firm which has appeared on behalf of that
14 party, and includes support staff.
15 3.11. Party: Any party to this Action, including all of its officers, directors,
16 employees, consultants, retained experts, In-House Counsel, and
17 Outside Counsel of Record (and their support staffs).
18 3.12. Producing Party: A Party or Nonparty that produces Disclosure or
19 Discovery Material in this Action.
20 3.13. Professional Vendors: Persons or entities that provide litigation
21 support services (e.g., photocopying, videotaping, translating,
22 preparing exhibits or demonstrations, and organizing, storing, or
23 retrieving data in any form or medium) and their employees and
24 subcontractors.
25 3.14. Protected Material: Any Disclosure or Discovery Material that is
26 designated as “CONFIDENTIAL.”
27 3.15. Receiving Party: A Party that receives Disclosure or Discovery
28 Material from a Producing Party.
1
2 4. SCOPE
3 The protections conferred by this Stipulated Protective Order cover not only
4 Protected Material, but also (1) any information copied or extracted from Protected
5 Material; (2) all copies, excerpts, summaries, or compilations of Protected
6 Material; and (3) any testimony, conversations, or presentations by Parties or their
7 Counsel that might reveal Protected Material.
8 Any use of Protected Material at trial shall be governed by the orders of the
9 trial judge and other applicable authorities. This Stipulated Protective Order does
10 not govern the use of Protected Material at trial.
11
12 5. DURATION
13 Even after final disposition of this litigation, the confidentiality obligations
14 imposed by this Stipulated Protective Order shall remain in effect until a
15 Designating Party agrees otherwise in writing or a court order otherwise directs.
16 Final disposition shall be deemed to be the later of (1) dismissal of all claims and
17 defenses in this Action, with or without prejudice; and (2) final judgment herein
18 after the completion and exhaustion of all appeals, rehearings, remands, trials, or
19 reviews of this Action, including the time limits for filing any motions or
20 applications for extension of time pursuant to applicable law.
21
22 6. DESIGNATING PROTECTED MATERIAL
23 6.1 Exercise of Restraint and Care in Designating Material for Protection.
24 Each Party or Non-Party that designates information or items
25 for protection under this Order must take care to limit any such
26 designation to specific material that qualifies under the appropriate
27 standards. The Designating Party must designate for protection only
28 those parts of material, documents, items or oral or written
1 communications that qualify so that other portions of the material,
2 documents, items or communications for which protection is not
3 warranted are not swept unjustifiably within the ambit of this
4 Stipulated Protective Order.
5 Mass, indiscriminate or routinized designations are prohibited.
6 Designations that are shown to be clearly unjustified or that have been
7 made for an improper purpose (e.g., to unnecessarily encumber the
8 case development process or to impose unnecessary expenses and
9 burdens on other parties) may expose the Designating Party to
10 sanctions.
11 If it comes to a Designating Party’s attention that information
12 or items that it designated for protection do not qualify for protection,
13 that Designating Party must promptly notify all other Parties that it is
14 withdrawing the inapplicable designation.
15 6.2 Manner and Timing of Designations.
16 Except as otherwise provided in this Stipulated Protective
17 Order, or as otherwise stipulated or ordered, Disclosure of Discovery
18 Material that qualifies for protection under this Stipulated Protective
19 Order must be clearly so designated before the material is disclosed or
20 produced.
21 Designation in conformity with this Stipulated Protective Order
22 requires the following:
23 (a) For information in documentary form (e.g., paper or electronic
24 documents, but excluding transcripts of depositions or other
25 pretrial or trial proceedings), that the Producing Party affix at a
26 minimum, the legend “CONFIDENTIAL” to each page that
27 contains protected material. If only a portion of the material on
28 a page qualifies for protection, the Producing Party also must
1 clearly identify the protected portion(s) (e.g., by making
2 appropriate markings in the margins).
3 A Party or Non-Party that makes original documents
4 available for inspection need not designate them for protection
5 until after the inspecting Party has indicated which documents
6 it would like copied and produced. During the inspection and
7 before the designation, all of the material made available for
8 inspection shall be deemed “CONFIDENTIAL.” After the
9 inspecting Party has identified the documents it wants copied
10 and produced, the Producing Party must determine which
11 documents, or portions thereof, qualify for protection under this
12 Order. Then, before producing the specified documents, the
13 Producing Party must affix the “CONFIDENTIAL legend” to
14 each page that contains Protected Material. If only a portion of
15 the material on a page qualifies for protection, the Producing
16 Party also must clearly identify the protected portion(s) (e.g.,
17 by making appropriate markings in the margins).
18 (b) For testimony given in depositions, that the Designating Party
19 identify the Disclosure or Discovery Material on the record,
20 before the close of the deposition, all protected testimony.
21 (c) For information produced in nondocumentary form, and for any
22 other tangible items, that the Producing Party affix in a
23 prominent place on the exterior of the container or containers in
24 which the information is stored the legend “CONFIDENTIAL.”
25 If only a portion or portions of the information warrants
26 protection, the Producing Party, to the extent practicable, shall
27 identify the protected portion(s).
28 / / /
1 6.3 Inadvertent Failures to Designate.
2 If timely corrected, an inadvertent failure to designate qualified
3 information or items does not, standing alone, waive the Designating
4 Party’s right to secure protection under this Stipulated Protective
5 Order for such material. Upon timely correction of a designation, the
6 Receiving Party must make reasonable efforts to assure that the
7 material is treated in accordance with the provisions of this Stipulated
8 Protective Order.
9
10 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS
11 7.1. Timing of Challenges.
12 Any Party or Non-Party may challenge a designation of
13 confidentiality at any time that is consistent with the Court’s
14 Scheduling Order.
15 7.2. Meet and Confer.
16 The Challenging Party shall initiate the dispute resolution
17 process, which shall comply with Local Rule 37.1 et seq., and with
18 Section 4 of Judge Audero’s Procedures (“Mandatory Telephonic
19 Conference for Discovery Disputes”).1
20 7.3. Joint Stipulation.
21 Any challenge submitted to the Court shall be via a joint
22 stipulation pursuant to Local Rule 37-2.
23 7.4. Burden of Persuasion
24 The burden of persuasion in any such challenge proceeding
25 shall be on the Designating Party. Frivolous challenges, and those
26 made for an improper purpose (e.g., to harass or impose unnecessary
27
28
1 Judge Audero’s Procedures are available at
https://www.cacd.uscourts.gov/honorable-maria-audero.
1 expenses and burdens on other parties) may expose the Challenging
2 Party to sanctions. Unless the Designating Party has waived or
3 withdrawn the confidentiality designation, all parties shall continue to
4 afford the material in question the level of protection to which it is
5 entitled under the Producing Party’s designation until the Court rules
6 on the challenge.
7
8 8. ACCESS TO AND USE OF PROTECTED MATERIAL
9 8.1. Basic Principles.
10 A Receiving Party may use Protected Material that is disclosed
11 or produced by another Party or by a Non-Party in connection with
12 this Action only for prosecuting, defending or attempting to settle this
13 Action. Such Protected Material may be disclosed only to the
14 categories of persons and under the conditions described in this
15 Stipulated Protective Order. When the Action reaches a final
16 disposition, a Receiving Party must comply with the provisions of
17 Section 14 below.
18 Protected Material must be stored and maintained by a
19 Receiving Party at a location and in a secure manner that ensures that
20 access is limited to the persons authorized under this Stipulated
21 Protective Order.
22 8.2. Disclosure of “CONFIDENTIAL” Information or Items.
23 Unless otherwise ordered by the Court or permitted in writing
24 by the Designating Party, a Receiving Party may disclose any
25 information or item designated “CONFIDENTIAL” only to:
26 (a) The Receiving Party’s Outside Counsel of Record, as well as
27 employees of said Outside Counsel of Record to whom it is
28 reasonably necessary to disclose the information for this Action;
1 (b) The officers, directors, and employees (including In-House
2 Counsel) of the Receiving Party to whom disclosure is
3 reasonably necessary for this Action;
4 (c) Experts of the Receiving Party to whom disclosure is reasonably
5 necessary for this Action and who have signed the
6 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
7 (d) The Court and its personnel;
8 (e) Court reporters and their staff;
9 (f) Professional jury or trial consultants, mock jurors, and
10 Professional Vendors to whom disclosure is reasonably
11 necessary or this Action and who have signed the
12 “Acknowledgment and Agreement to be Bound” (Exhibit A);
13 (g) The author or recipient of a document containing the
14 information or a custodian or other person who otherwise
15 possessed or knew the information;
16 (h) During their depositions, witnesses, and attorneys for witnesses,
17 in the Action to whom disclosure is reasonably necessary
18 provided: (i) the deposing party requests that the witness sign
19 the “Acknowledgment and Agreement to Be Bound” (Exhibit
20 A); and (ii) the witness will not be permitted to keep any
21 confidential information unless they sign the “Acknowledgment
22 and Agreement to Be Bound,” unless otherwise agreed by the
23 Designating Party or ordered by the Court. Pages of transcribed
24 deposition testimony or exhibits to depositions that reveal
25 Protected Material may be separately bound by the court
26 reporter and may not be disclosed to anyone except as permitted
27 under this Stipulated Protective Order; and
28 / / /
1 (i) Any mediator or settlement officer, and their supporting
2 personnel, mutually agreed upon by any of the parties engaged
3 in settlement discussions.
4
5 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED
6 PRODUCED IN OTHER LITIGATION
7 If a Party is served with a subpoena or a court order issued in other litigation
8 that compels disclosure of any information or items designated in this Action as
9 “CONFIDENTIAL,” that Party must:
10 (a) Promptly notify in writing the Designating Party. Such notification
11 shall include a copy of the subpoena or court order;
12 (b) Promptly notify in writing the party who caused the subpoena or order
13 to issue in the other litigation that some or all of the material covered
14 by the subpoena or order is subject to this Stipulated Protective Order.
15 Such notification shall include a copy of this Stipulated Protective
16 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
19 affected.
20 If the Designating Party timely seeks a protective order, the Party served
21 with the subpoena or court order shall not produce any information designated in
22 this action as “CONFIDENTIAL” before a determination by the court from which
23 the subpoena or order issued, unless the Party has obtained the Designating Party’s
24 permission. The Designating Party shall bear the burden and expense of seeking
25 protection in that court of its confidential material and nothing in these provisions
26 should be construed as authorizing or encouraging a Receiving Party in this Action
27 to disobey a lawful directive from another court.
28 / / /
1 10. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE
2 PRODUCED IN THIS LITIGATION
3 10.1. Application.
4 The terms of this Order are applicable to information produced
5 by a Nonparty in this Action and designated as “CONFIDENTIAL.”
6 Such information produced by Nonparties in connection with this
7 litigation is protected by the remedies and relief provided by this
8 Stipulated Protective Order. Nothing in these provisions should be
9 construed as prohibiting a Nonparty from seeking additional
10 protections.
11 10.2. Notification.
12 In the event that a Party is required, by a valid discovery
13 request, to produce a Nonparty’s confidential information in its
14 possession, and the Party is subject to an agreement with the Nonparty
15 not to produce the Nonparty’s confidential information, then the Party
16 shall:
17 (a) Promptly notify in writing the Requesting Party and the
18 Nonparty that some or all of the information requested is
19 subject to a confidentiality agreement with a Nonparty;
20 (b) Promptly provide the Nonparty with a copy of the Stipulated
21 Protective Order in this Action, the relevant discovery
22 request(s), and a reasonably specific description of the
23 information requested; and
24 (c) Make the information requested available for inspection by the
25 Nonparty, if requested.
26 / / /
27 / / /
28 / / /
1 10.3 Conditions of Production.
2 If the Nonparty fails to seek a protective order from this Court
3 within fourteen (14) days after receiving the notice and accompanying
4 information, the Receiving Party may produce the Nonparty’s
5 confidential information responsive to the discovery request. If the
6 Nonparty timely seeks a protective order, the Receiving Party shall
7 not produce any information in its possession or control that is subject
8 to the confidentiality agreement with the Nonparty before a
9 determination by the Court. Absent a court order to the contrary, the
10 Nonparty shall bear the burden and expense of seeking protection in
11 this Court of its Protected Material.
12
13 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
14 If a Receiving Party learns that, by inadvertence or otherwise, it has
15 disclosed Protected Material to any person or in any circumstance not authorized
16 under this Stipulated Protective Order, the Receiving Party immediately must (1)
17 notify in writing the Designating Party of the unauthorized disclosures, (2) use its
18 best efforts to retrieve all unauthorized copies of the Protected Material, (3) inform
19 the person or persons to whom unauthorized disclosures were made of all the terms
20 of this Stipulated Protective Order, and (4) request such person or persons to
21 execute the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
22
23 12. INADVERTENT PRODUCTION OF PRIVILEGED OR
24 OTHERWISE PROTECTED MATERIAL
25 When a Producing Party gives notice to Receiving Parties that certain
26 inadvertently produced material is subject to a claim of privilege or other
27 protection, the obligations of the Receiving Parties are those set forth in Federal
28 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
1 whatever procedure may be established in an e-discovery order that provides for
2 production without prior privilege review. Pursuant to Federal Rule of Evidence
3 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
4 of a communication or information covered by the attorney-client privilege or
5 work product protection, the parties may incorporate their agreement in the
6 Stipulated Protective Order submitted to the Court.
7
8 13. MISCELLANEOUS
9 13.1. Right to Further Relief.
10 Nothing in this Stipulated Protective Order abridges the right of
11 any person to seek its modification by the Court in the future.
12 13.2. Right to Assert Other Objections.
13 By stipulating to the entry of this Stipulated Protective Order,
14 no Party waives any right it otherwise would have to object to
15 disclosing or producing any information or item on any ground not
16 addressed in this Stipulated Protective Order. Similarly, no Party
17 waives any right to object on any ground to use in evidence of any of
18 the material covered by this Stipulated Protective Order.
19 13.3. Filing Protected Material.
20 A Party that seeks to file under seal any Protected Material
21 must comply with Local Civil Rule 79-5. Protected Material may only
22 be filed under seal pursuant to a court order authorizing the sealing of
23 the specific Protected Material at issue. If a Party’s request to file
24 Protected Material under seal is denied by the Court, then the
25 Receiving Party may file the information in the public record unless
26 otherwise instructed by the Court.
27 / / /
28 / / /
1 14. FINAL DISPOSITION
2 After the final disposition of this Action, within sixty (60) days of a written
3 request by the Designating Party, each Receiving Party must return all Protected
4 Material to the Producing Party or destroy such material. As used in this
5 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
6 summaries, and any other format reproducing or capturing any of the Protected
7 Material. Whether the Protected Material is returned or destroyed, the Receiving
8 Party must submit a written certification to the Producing Party (and, if not the
9 same person or entity, to the Designating Party) by the 60-day deadline that (1)
10 identifies (by category, where appropriate) all the Protected Material that was
11 returned or destroyed and (2) affirms that the Receiving Party has not retained any
12 copies, abstracts, compilations, summaries or any other format reproducing or
13 capturing any of the Protected Material. Notwithstanding this provision, Counsel
14 is entitled to retain an archival copy of all pleadings; motion papers; trial,
15 deposition, and hearing transcripts; legal memoranda; correspondence; deposition
16 and trial exhibits; expert reports; attorney work product; and consultant and expert
17 work product, even if such materials contain Protected Material. Any such
18 archival copies that contain or constitute Protected Material remain subject to this
19 Stipulated Protective Order as set forth in Section 5.
20 / / /
21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
1 |}15. VIOLATION
2 Any intentional violation of this Stipulated Order may be punished by any
3 all appropriate measures including, without limitation, contempt proceedings
4 and/or monetary sanctions.
5
6 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
7
8 || Dated: January 12, 2021 THE WALLACE FIRM
9
10 By: /s/_ Thomas R. Burns
1 Bradley Wallace, Esq.
Thomas R. Burns, Esq.
12 Attorneys for Plaintiff
B MARION MEADE
14 Dated: January 12, 2021 McNEIL TROPP & BRAUN LLP
15
16
By: /s/ Deborah S. Tropp
17 Deborah S. Tropp, Esq.
18 Alyssa M. Abrante, Esq.
Attorneys for Defendant, COSTCO
19 WHOLESALE CORPORATION
20
21 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
22 | □
23 ||Dated: 01/21/21
Maria fy udeto
United States Magistrate Judge
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CaceNa: 30 PAEW..... STIPTILATED PROTECTIVE ORDER □□
1 SIGNATURE CERTIFICATION
2 Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative
3 Policies and Procedures Manual, I hereby certify that the content of this document
4 is acceptable to Thomas R. Burns, counsel for the Plaintiff, and that I have obtained
5 authorization from Mr. Burns. to affix his electronic signature to this document.
6 Dated: January 12, 2021 McNEIL TROPP & BRAUN LLP
7
By: /s/ Deborah S. Tropp_________
8 Deborah S. Tropp, Esq.
9 Alyssa M. Abrante, Esq.
Attorneys for Defendant,
10 COSTCO WHOLESALE
11 CORPORATION
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1 EXHIBIT A
ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
2
I, _____________________________ [full name], of
3
________________________________________________ [address], declare
4
under penalty of perjury that I have read in its entirety and understand the
5
Stipulated Protective Order that was issued by the United States District Court for
6
the Central District of California on _________ [date] in the case of
7
______________________________________________ [case name and number].
8
I agree to comply with and to be bound by all the terms of this Stipulated
9
Protective Order, and I understand and acknowledge that failure to so comply
10
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 Stipulated Protective Order.
14
I further agree to submit to the jurisdiction of the United States District
15
Court for the Central District of California for the purpose of enforcing the terms
16
of this Stipulated Protective Order, even if such enforcement proceedings occur
17
after termination of this action.
18
19
Signature:
20
Printed Name:
21
Date:
22
City and State Where Sworn and Signed:
23
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