even stipulated protective orders require good cause showing
How later courts described this case
- even stipulated protective orders require good cause showing
Written by the judges who cited it.
The opinion
1 KE-RMISaiTl EkNne NsbEitS@BfIiTsh, eSrBphNi l2li4p2s4.c2o6m
2 ANET CASTRO DRAPALSKI, SBN 282086
E-Mail adrapalski@fisherphillips.com
3 FISHER & PHILLIPS LLP
444 South Flower Street, Suite 1500
4 Los Angeles, California 90071
Telephone: (213) 330-4500
5 Facsimile: (213) 330-4501
6 Attorneys for Defendant
NTHRIVE SOLUTIONS, INC., ET AL.
7
8 JEREMY I. LESSEM, ESQ (SBN 213406)
JAMAL L. TOOSON, ESQ (SBN 261373)
9
LESSEM, NEWSTAT & TOOSON, LLP
10 3450 Cahuenga Blvd W. Ste. 102
Los Angeles, CA 90068
11
Phone 818-582-3087 | 818-484-3087
12 Jeremy@LnLegal.com
JTooson@LnLegal.com
13
14
15 UNITED STATES DISTRICT COURT
16 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
17
18 OMOBOLAJI AKINSAYA, Case No: 2:19-cv-09619-PSG-SK
19 Plaintiff,
JOINT STIPULATED PROTECTIVE
20 v. ORDER
21 NTHRIVE SOLUTIONS, INC., et al.,
22 Defendant(s).
Complaint Filed: October 8, 2019
23 Trial Date: August 19, 2021
24
25
26
27
28
1 1. 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
5 may be warranted. Accordingly, Plaintiff OMOBOLAJI AKISANYA and
6 Defendant NTHRIVE SOLUTIONS, INC. (collectively “the Parties”) hereby
7 stipulate to and petition the Court to enter the following Stipulated Protective
8 Order. The Parties acknowledge that this Order does not confer blanket
9 protections on all disclosures or responses to discovery and that the protection
10 it affords from public disclosure and use extends only to the limited information
11 or items that are entitled to confidential treatment under the applicable legal
12 principles.
13 2. GOOD CAUSE STATEMENT
14 This Action is likely to involve trade secrets and other valuable research,
15 development, commercial, financial, technical, proprietary, confidential, and/or
16 private information for which special protection from public disclosure, and from
17 use for any purpose other than prosecution of this Action, is warranted. Such
18 confidential and proprietary materials and information consist of, among other
19 things, employee personnel files, payroll records and other personal and confidential
20 business or financial information, information regarding confidential business
21 practices, or other confidential research, development, or commercial information
22 (including information implicating privacy rights of third parties), confidential and
23 private information of other employees, information prohibited from disclosure
24 pursuant to a written agreement to maintain such information in confidence, and
25 information otherwise generally unavailable to the public or which may be
26 privileged or otherwise protected from disclosure under state or federal statutes,
27 court rules, case decisions, or common law. Accordingly, to expedite the flow of
28 information, to facilitate the prompt resolution of disputes over confidentiality of
1 discovery materials, to adequately protect information the Parties are entitled to
2 keep confidential, to ensure that the Parties are permitted reasonable necessary uses
3 of such material in preparation for and in the conduct of trial, to address their
4 handling at the end of the litigation, and serve the ends of justice, a protective order
5 for such information is justified in this matter. It is the intent of the parties that
6 information will not be designated as confidential for tactical reasons and that
7 nothing be so designated without a good faith belief that it has been maintained in
8 a confidential, non-public manner, and there is good cause why it should not be part
9 of the public record of this case.
10 3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
11 SEAL
12 The Parties further acknowledge, as set forth in Section 12.3, below, that
13 this Stipulated Protective Order does not entitle them to file confidential
14 information under seal; Local Civil Rule 79-5 sets forth the procedures that must
15 be followed and the standards that will be applied when a party seeks permission
16 from the court to file material under seal. There is a strong presumption that the
17 public has a right of access to judicial proceedings and records in civil cases. In
18 connection with non-dispositive motions, good cause must be shown to support
19 a filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d
20 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp,, 307 F.3d 1206, 1210-
21 11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577
22 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing),
23 and a specific showing of good cause or compelling reasons with proper
24 evidentiary support and legal justification, must be made with respect to
25 Protected Material that a party seeks to file under seal. The Parties’ mere
26 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—
27 without the submission of competent evidence by declaration, establishing that
28 the material sought to be filed under seal qualifies as confidential, privileged, or
1 otherwise protectable—constitute good cause.
2 Further, if a Party requests sealing related to a dispositive motion or trial, then
3 compelling reasons, not only good cause, for the sealing must be shown, and the
4 relief sought shall be narrowly tailored to serve the specific interest to be protected.
5 See Pintos v. Pacific Creditors Ass'n., 605 F.3d 665, 677-79 (9th Cir. 2010). For
6 each item or type of information, document, or thing sought to be filed or introduced
7 under seal in connection with a dispositive motion or trial, the Party seeking
8 protection must articulate compelling reasons, supported by specific facts and legal
9 justification, for the requested sealing order. Again, competent evidence
10 supporting the application to file documents under seal must be provided by
11 declaration.
12 Any document that is not confidential, privileged, or otherwise protectable
13 in its entirety will not be filed under seal if the confidential portions can be
14 redacted. If documents can be redacted, then a redacted version for public
15 viewing, omitting only the confidential, privileged, or otherwise protectable
16 portions of the document, shall be filed. Any application that seeks to file
17 documents under seal in their entirety should include an explanation of why
18 redaction is not feasible.
19 4. DEFINITIONS
20 4.1 Action: This above-entitled case styled as OMOBOLAJI
21 AKISANYA V. NTHRIVE SOLUTIONS, INC., ET AL., pending before the United
22 States District Court for the Central District of California, Case No. 2:19-cv-
23 09619-PSG-SK, removed from the Superior Court of the State of California,
24 County of Los Angeles, Case No. 20STCV06344.
25 4.2 Challenging Party: a Party or Non-Party that challenges the
26 designation of information or items under this Order.
27 4.3 “CONFIDENTIAL” Information or Items: information (regardless
28 of how it is generated, stored or maintained) or tangible things that qualify for
1 protection under Federal Rule of Civil Procedure 26(c), and as specified above
2 in the Good Cause Statement.
3 4.4 Counsel (without qualifier): Outside Counsel of Record and House
4 Counsel (as well as their support staff).
5 4.5 Designating Party: a Party or Non-Party that designates
6 information or items that it produces in disclosures or in responses to discovery
7 as “CONFIDENTIAL.”
8 4.6 Disclosure or Discovery Material: all items or information, regardless
9 of the medium or manner in which it is generated, stored, or maintained (including,
10 among other things, testimony, transcripts, and tangible things), that are produced
11 or generated in disclosures or responses to discovery in this matter.
12 4.7 Expert: a person with specialized knowledge or experience in a
13 matter pertinent to the litigation who has been retained by a Party or its counsel
14 to serve as an expert witness or as a consultant in this Action.
15 4.8 House Counsel: attorneys who are employees of a party to this
16 Action. House Counsel does not include Outside Counsel of Record or any other
17 outside counsel.
18 4.9 Non-Party: any natural person, partnership, corporation,
19 association or other legal entity not named as a Party to this Action.
20 4.10 Outside Counsel of Record: attorneys who are not employees of a
21 Party to this Action but are retained to represent or advise a party to this Action
22 and have appeared in this Action on behalf of that Party or are affiliated with a
23 law firm that has appeared on behalf of that Party, and includes support staff.
24 4.11 Party: any Party to this Action, including all of its officers, directors,
25 employees, consultants, retained experts, and Outside Counsel of Record (and
26 their support staffs).
27 4.12 Producing Party: a Party or Non-Party that produces Disclosure or
28 Discovery Material in this Action.
1 4.13 Professional Vendors: persons or entities that provide litigation
2 support services (e.g., photocopying, videotaping, translating, preparing exhibits
3 or demonstrations, and organizing, storing, or retrieving data in any form or
4 medium) and their employees and subcontractors.
5 4.14 Protected Material: any Disclosure or Discovery Material that is
6 designated as “CONFIDENTIAL.”
7 4.15 Receiving Party: a Party that receives Disclosure or Discovery
8 Material from a Producing Party.
9 5. SCOPE
10 The protections conferred by this Stipulation and Order cover not only
11 Protected Material (as defined above), but also (1) any information copied or
12 extracted from Protected Material; (2) all copies, excerpts, summaries, or
13 compilations of Protected Material; and (3) any testimony, conversations, or
14 presentations by Parties or their Counsel that might reveal Protected Material.
15 However, the protections conferred by this Stipulation and Order do not
16 cover the following information: (a) any information that is in the public domain
17 at the time of disclosure to a Receiving Party or becomes part of the public
18 domain after its disclosure to a Receiving Party as a result of publication not
19 involving a violation of this Order, including becoming part of the public record
20 through trial or otherwise; and (b) any information known to the Receiving Party
21 prior to the disclosure or obtained by the Receiving Party after the disclosure
22 from a source who obtained the information lawfully and under no obligation of
23 confidentiality to the Designating Party. Any use of Protected Material at trial
24 shall be governed by the orders of the trial judge. This Order does not govern the
25 use of Protected Material at trial.
26 6. DURATION
27 Once a case proceeds to trial, information that was designated as
28 CONFIDENTIAL or maintained pursuant to this protective order used or
1 introduced as an exhibit at trial becomes public and will be presumptively
2 available to all members of the public, including the press, unless compelling
3 reasons supported by specific factual findings to proceed otherwise are made to
4 the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
5 (distinguishing “good cause” showing for sealing documents produced in
6 discovery from “compelling reasons” standard when merits-related documents are
7 part of court record). Accordingly, the terms of this protective order do not extend
8 beyond the commencement of the trial.
9 7. DESIGNATING PROTECTED MATERIAL
10 7.1 Exercise of Restraint and Care in Designating Material for Protection.
11 Each Party or Non-Party that designates information or items for protection under
12 this Order must take care to limit any such designation to specific material that
13 qualifies under the appropriate standards. The Designating Party must designate for
14 protection only those parts of material, documents, items or oral or written
15 communications that qualify so that other portions of the material, documents, items
16 or communications for which protection is not warranted are not swept unjustifiably
17 within the ambit of this Order.
18 Mass, indiscriminate or routinized designations are prohibited.
19 Designations that are shown to be clearly unjustified or that have been made for
20 an improper purpose (e.g., to unnecessarily encumber the case development
21 process or to impose unnecessary expenses and burdens on other parties) may
22 expose the Designating Party to sanctions.
23 If it comes to a Designating Party's attention that information or items that
24 it designated for protection do not qualify for protection, that Designating Party
25 must promptly notify all other Parties that it is withdrawing the inapplicable
26 designation.
27 7.2 Manner and Timing of Designations. Except as otherwise provided
28 in this Order, or as otherwise stipulated or ordered, Disclosure or Discovery
1 Material that qualifies for protection under this Order must be clearly so
2 designated before the material is disclosed or produced.
3 Designation in conformity with this Order requires:
4 (a) for information in documentary form (e.g., paper or electronic
5 documents, but excluding transcripts of depositions or other pretrial or trial
6 proceedings), that the Producing Party affix at a minimum, the legend
7 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
8 contains protected material. If only a portion of the material on a page qualifies for
9 protection, the Producing Party also must clearly identify the protected portion(s)
10 (e.g., by making appropriate markings in the margins).
11 A Party or Non-Party that makes original documents available for inspection
12 need not designate them for protection until after the inspecting Party has indicated
13 which documents it would like copied and produced. During the inspection and
14 before the designation, all of the material made available for inspection shall be
15 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
16 documents it wants copied and produced, the Producing Party must determine which
17 documents, or portions thereof, qualify for protection under this Order. Then,
18 before producing the specified documents, the Producing Party must affix the
19 “CONFIDENTIAL legend” to each page that contains Protected Material. If only
20 a portion of the material on a page qualifies for protection, the Producing Party also
21 must clearly identify the protected portion(s) (e.g., by making appropriate markings
22 in the margins).
23 (b) for testimony given in depositions that the Designating Party
24 identifies the Disclosure or Discovery Material on the record, before the
25 close of the deposition all protected testimony.
26 (c) for information produced in some form other than documentary
27 and for any other tangible items, that the Producing Party affix in a
28 prominent place on the exterior of the container or containers in which the
1 information is stored the legend “CONFIDENTIAL.” If only a portion or
2 portions of the information warrants protection, the Producing Party, to the
3 extent practicable, shall identify the protected portion(s).
4 7.3 Inadvertent Failures to Designate. An inadvertent failure to
5 designate qualified information or items does not, standing alone, waive the
6 Designating Party’s right to secure protection under this Order for such material
7 so long as written notice of the inadvertent failure to designate is provided within
8 60 days of discovery by Designating Party of inadvertent failure to designate.
9 Upon timely correction of a designation, the Receiving Party must make
10 reasonable efforts to assure that the material is treated in accordance with the
11 provisions of this Order. This provision is not intended to apply to any
12 inadvertent production of any information or items protected by attorney-client
13 or work product privileges. No provision in this Order shall affect a Party’s right
14 to object to the designation of any document or other material as
15 “CONFIDENTIAL” on any ground that is available under applicable law.
16 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
17 8.1 Timing of Challenges. Any Party or Non-Party may challenge a
18 designation of confidentiality at any time that is consistent with the Court’s
19 Scheduling Order. Unless a prompt challenge to a Designating Party’s
20 confidentiality designation is necessary to avoid foreseeable, substantial
21 unfairness, unnecessary economic burdens, or a significant disruption or delay of
22 the litigation, a Party does not waive its right to challenge a confidentiality
23 designation by electing not to mount a challenge promptly after the original
24 designation is disclosed.
25 8.2 Meet and Confer. The Challenging Party shall initiate the
26 dispute resolution process under Local Rule 37-1, et seq.
27 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via
28 a joint stipulation pursuant to Local Rule 37-2.
1 8.4 The burden of persuasion in any such challenge proceeding shall
2 be on the Designating Party. Frivolous challenges, and those made for an
3 improper purpose (e.g., to harass or impose unnecessary expenses and burdens
4 on other parties) may expose the Challenging Party to sanctions. Unless the
5 Designating Party has waived or withdrawn the confidentiality designation, all
6 parties shall continue to afford the material in question the level of protection to
7 which it is entitled under the Producing Party's designation until the Court rules
8 on the challenge.
9 9. ACCESS TO AND USE OF PROTECTED MATERIAL
10 9.1 Basic Principles. A Receiving Party may use Protected Material
11 that is disclosed or produced by another Party or by a Non-Party in connection
12 with this Action only for prosecuting, defending or attempting to settle this
13 Action. Such Protected Material may be disclosed only to the categories of
14 persons and under the conditions described in this Order. When the Action has
15 been terminated, a Receiving Party must comply with the provisions of section
16 15 below (FINAL DISPOSITION).
17 Protected Material must be stored and maintained by a Receiving Party at
18 a location and in a secure manner that ensures that access is limited to the persons
19 authorized under this Order.
20 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
21 otherwise ordered by the court or permitted in writing by the Designating Party,
22 a Receiving Party may disclose any information or item designated
23 “CONFIDENTIAL” only to:
24 (a) the Receiving Party’s Outside Counsel of Record in this
25 Action, as well as employees of said Outside Counsel of Record to whom it is
26 reasonably necessary to disclose the information for this Action;
27 (b) the officers, directors, and employees (including House
28 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for
1 this Action and who have signed the “Acknowledgment and Agreement to Be
2 Bound” (Exhibit A);
3 (c) Experts (as defined in this Order) of the Receiving Party to
4 whom disclosure is reasonably necessary for this Action and who have signed the
5 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
6 (d) the Court and its personnel;
7 (e) court reporters and their staff;
8 (f) professional jury or trial consultants, mock jurors, and
9 Professional Vendors to whom disclosure is reasonably necessary for this Action
10 and who have signed the “Acknowledgment and Agreement to Be Bound”
11 (Exhibit A);
12 (g) the author or recipient of a document containing the
13 information or a custodian or other person who otherwise possessed or knew the
14 information;
15 (h) any deposition, proceeding, or hearing witness who previously
16 has had access to the “CONFIDENTIAL” Information or who is currently or was
17 previously an officer, director, employee or agent of an entity that has had access
18 to the “CONFIDENTIAL” Information;
19 (i) during their depositions, witnesses, and attorneys for
20 witnesses, in the Action who previously did not have access to the
21 “CONFIDENTIAL” Information, provided that: (1) disclosure is reasonably
22 necessary, (2) the deposing party requests that the witness and the attorney for the
23 witness sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
24 and (3) the witness and the attorney for the witness will not be permitted to keep
25 any confidential information unless they sign the “Acknowledgment and
26 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating
27 Party or ordered by the Court;
28 (j) any mediator, third-party neutral, or settlement officer, and
1 their supporting personnel, mutually agreed upon by any of the Parties engaged
2 in settlement discussions; and
3 (k) any other person or entity that Designating Party agrees to in
4 writing.
5 Pages of transcribed deposition testimony or exhibits to depositions that
6 reveal Protected Material may be separately bound by the court reporter and may
7 not be disclosed to anyone except as permitted under this Stipulated Protective
8 Order.
9 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
10 PRODUCED IN OTHER LITIGATION
11 If a Party is served with a subpoena or a court order issued in other litigation
12 that compels disclosure of any information or items designated in this Action as
13 “CONFIDENTIAL,” that Party must:
14 (a) promptly notify in writing the Designating Party. Such notification
15 shall include a copy of the subpoena or court order;
16 (b) promptly notify in writing the party who caused the subpoena or
17 order to issue in the other litigation that some or all of the material covered by
18 the subpoena or order is subject to this Protective Order. Such notification shall
19 include a copy of this Stipulated Protective Order; and
20 (c) cooperate with respect to all reasonable procedures sought to be
21 pursued by the Designating Party whose Protected Material may be affected.
22 If the Designating Party timely seeks a protective order, the Party served
23 with the subpoena or court order shall not produce any information designated in
24 this action as “CONFIDENTIAL” before a determination by the court from
25 which the subpoena or order issued, unless the Party has obtained the Designating
26 Party's permission. The Designating Party shall bear the burden and expense of
27 seeking protection in that court of its confidential material and nothing in these
28 provisions should be construed as authorizing or encouraging a Receiving Party
1 in this Action to disobey a lawful directive from another court.
2 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
3 PRODUCED IN THIS LITIGATION
4 (a) The terms of this Order are applicable to information produced by a
5 Non-Party in this Action and designated as “CONFIDENTIAL.” Such
6 information produced by Non-Parties in connection with this litigation is
7 protected by the remedies and relief provided by this Order. Any such
8 designation shall also function as consent by such producing Non-Party to the
9 authority of the Court in the Action to resolve and conclusively determine any
10 motion or other application made by any person or Party with respect to such
11 designation, or any other matter otherwise arising under this Order. Nothing in
12 these provisions should be construed as prohibiting a Non-Party from seeking
13 additional protections.
14 (b) In the event that a Party is required, by a valid discovery request, to
15 produce a Non-Party’s confidential information in its possession, and the Party
16 is subject to an agreement with the Non-Party not to produce the Non-Party’s
17 confidential information, then the Party shall:
18 (1) promptly notify in writing the Requesting Party and the Non-
19 Party that some or all of the information requested is subject to a
20 confidentiality agreement with a Non-Party;
21 (2) promptly provide the Non-Party with a copy of the Stipulated
22 Protective Order in this Action, the relevant discovery request(s), and a
23 reasonably specific description of the information requested; and
24 (3) make the information requested available for inspection by the
25 Non-Party, if requested.
26 (c) If the Non-Party fails to seek a protective order from this court
27 within 14 days of receiving the notice and accompanying information, the
28 Receiving Party may produce the Non-Party’s confidential information
1 responsive to the discovery request. If the Non-Party timely seeks a protective
2 order, the Receiving Party shall not produce any information in its possession or
3 control that is subject to the confidentiality agreement with the Non-Party before
4 a determination by the court. Absent a court order to the contrary, the Non-Party
5 shall bear the burden and expense of seeking protection in this court of its
6 Protected Material.
7 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
8 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
9 Protected Material to any person or in any circumstance not authorized under this
10 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
11 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
12 to retrieve all unauthorized copies of the Protected Material, (c) inform the person
13 or persons to whom unauthorized disclosures were made of all the terms of this
14 Order, and (d) request such person or persons to execute the “Acknowledgment and
15 Agreement to Be Bound” that is attached hereto as Exhibit A.
16 13. INADVERTENT PRODUCTION OF PRIVILEGED OR
17 OTHERWISE PROTECTED MATERIAL
18 When a Producing Party gives notice to Receiving Parties that certain
19 inadvertently produced material is subject to a claim of privilege or other
20 protection, the obligations of the Receiving Parties are those set forth in Federal
21 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
22 whatever procedure may be established in an e-discovery order that provides for
23 production without prior privilege review. Pursuant to Federal Rule of Evidence
24 502(d) and (e), insofar as the parties reach an agreement on the effect of
25 disclosure of a communication or information covered by the attorney-client
26 privilege or work product protection, the parties may incorporate their agreement
27 in the stipulated protective order submitted to the Court.
28
1 14. MISCELLANEOUS
2 14.1 Right to Further Relief. Nothing in this Order abridges the right of
3 any person to seek its modification by the Court in the future. This Order shall
4 not be construed to preclude either Party from asserting in good faith that certain
5 “CONFIDENTIAL” Information or Items require additional protection. The
6 Parties shall meet and confer to agree upon the terms of such additional
7 protection.
8 14.2 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
11 this Stipulated Protective Order. Similarly, no Party waives any right to object on
12 any ground to use in evidence of any of the material covered by this Protective
13 Order.
14 14.3 Filing Protected Material. A Party that seeks to file under seal any
15 Protected Material must comply with Local Civil Rule 79-5. Protected Material
16 may only be filed under seal pursuant to a court order authorizing the sealing of
17 the specific Protected Material at issue. If a Party’s request to file Protected
18 Material under seal is denied by the court, then the Receiving Party may file the
19 information in the public record unless otherwise instructed by the court.
20 14.4 Waiver of Designating Party. This Order is entered into without
21 prejudice to the right of any Party to knowingly waive the applicability of this
22 Order to any “CONFIDENTIAL” Information or Items designated by that Party.
23 14.5 Previously Produced Documents. The Parties agree to be bound by
24 the terms set forth herein with regard to any “CONFIDENTIAL” information or
25 items that have been produced before the Court signs this Order. In the event that
26 the Court modifies this Order, or in the event that the Court enters a different
27 Protective Order, the Parties agree to be bound by this Order until such time as
28 the Court may enter such a different Order.
1 15. FINAL DISPOSITION
2 Within 60 days after the final disposition of this Action, as defined in
3 paragraph 6, and only upon written request by the Designating Party, each
4 Receiving Party mustreturn all Protected Material to the Producing Party or destroy
5 such material no later than 60 days after Designating Party’s written request. 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 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 paragraph 6 (DURATION). To the extent permitted by law,
21 the Court shall retain jurisdiction to enforce, modify, or reconsider this Order, even
22 after final disposition of the Action.
23 16. VIOLATION
24 Any violation of this Order may be punished by any and all appropriate
25 measures including, without limitation, contempt proceedings and/or monetary
26 sanctions.
27
28
1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
3 || Dated: February 2, 2021 Respectfully submitted,
4 FISHER & PHILLIPS LLP
/s/ Anet Drapalski
6 By:
KRISTEN NESBIT
ty ANET. CASTRO DRAPALSK]___!
tor Defendant
8 RUHR! E SOLUTIONS, INC., ET
10
11 |} Dated: February 2, 2021 Respectfully submitted,
12 LESSEM, NEWSTAT, & TOOSON, LLP.
13 Ah
14 By: ()
Jere I Lessem
15 Jamal L. Tooson,
Attorneys for Plaintiff,
16 OMOBOLAS I AKISANYA
17
18 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
19 Sher
Dated: February 11, 2021 eS
20 HONORABLE STEVE KIM
United States Magistrate Judge
23
24
25
26
27
28
16
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 Omobolaji Akisanya v. nThrive Solutions, Inc.,
8 et al., pending before the United States District Court for the Central District of
9 California, Case No. 2:19-cv-09619-PSG-SK. I agree to comply with and to be
10 bound by all the terms of this Stipulated Protective Order and I understand and
11 acknowledge that failure to so comply could expose me to sanctions and
12 punishment in the nature of contempt. I solemnly promise that I will not disclose
13 in any manner any information or item that is subject to this Stipulated Protective
14 Order to any person or entity except in strict compliance with the provisions of this
15 Order.
16 I further agree to submit to the jurisdiction of the United States District Court
17 for the Central District of California for the purpose of enforcing the terms of this
18 Stipulated Protective Order, even if such enforcement proceedings occur after
19 termination of this action. I hereby appoint ___________________ [print or type
20 full name] of ______________________________ [print or type full address and
21 telephone number] as my California agent for service of process in connection with
22 this Action or any proceedings related to enforcement of this Stipulated Protective
23 Order.
24
25 Date: __________
26 City and State where sworn and signed: _________________________________
27 Printed name: __________________ Signature: __________________
28
1 CERTIFICATE OF SERVICE
2 __ I, the undersigned, am employed in the County of Los Angeles, State of
California. I am over the age of 18 and not a party to the within action; am
3 || employed with Fisher & Phillips LLP and my business address is 444 South Flower
Street, Suite 1500, Los Angeles, California 90071.
On February 9, 2021 I served the foregoing document entitled JOINT
5 || STIPULATED PROTECTIVE ORDER on all the appearing and/or interested
parties in this action as follows:
J eremy I. Lessem, Esq. Attorneys for Plaintiff
7 Jamal Tooson, Esd. OMOBOLAJI AKINSAYA
LESSEM, NEWSTAT & TOOSON, LLP
g || 3450 Cahuenga Blvd, W., Ste 102
Los Angeles, CA 90068
g || Pel: 818.582.3087 Emails: ey NL ein
Fax: 818.484.3087 jtooson@LNLegal.com
10
Ol [by MAIL] - I am readily familiar with the firm's practice of collection and
11 processing correspondence for mailing. Under that practice it would be
deposited with the U.S. Postal Service on that same day with postage thereon
12 fully prepaid at Los Angeles, California in the ordinary course of business.
I am aware that on motion of the party served, service is presumed invalid if
13 postage cancellation date or postage meter date is more than one day after
4 date of deposit for mailing this affidavit.
[by ELECTRONIC SUBMISSION] - I served the above listed
15 document(s) described via the United States District Court’s Electronic
Filing Program on the designated recipients via electronic transmission
16 through the CM/ECF system on the Court’s website. The Court’s CM/ECF
system will fenerate a Notice of Electronic Filing (NEF) to the filing party,
17 the assigned judge, and any registered users in the case. The NEF will
constitute service of the document(s). Registration as a CM/ECF user
18 constitutes consent to electronic service through the court’s transmission
9 facilities.
O [by FEDERAL EXPRESS] - I am readily familiar with the firm’s practice
20 or collection and | processing of correspondence for overnight delivery by
Federal Express. Under that practice such correspondence will be deposited
21 at a facility or pick-up box regularly maintained by Federal Express for
receipt on the same day in the ordinary course of business with delivery fees
22 paid or provided for in accordance with ordinary business practices.
23 I declare that I am employed in the office of a member of the bar of this
Court at whose direction the service was made.
35 Executed February 9, 2021 at Los Angeles, California.
26 Kristine Gonzalez By: /s/ Kristine Gonzalez
Print Name Signature
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