even stipulated protective 23 || orders require good cause showing
How later courts described this case
- even stipulated protective 23 || orders require good cause showing
Written by the judges who cited it.
The opinion
1 || EDWIN PAIRAVI, Bar No. 257290
edwin@pairavilaw.com NOTE: CHANGES HAVE BEEN
2 || JOSHUA M. MOHRSAZ, Bar No. 307759 MADE TO THIS DOCUMENT
3 joshua@pairavilaw.com
PAIRAVI LAW, P.C. See 44 3, 14
4 || 1875 Century Park East, Suite 480
Los Angeles, California 90067
5 || Telephone: (310) 789-2063
6 Facsimile: (310) 789-2064
7 || Attorneys for Plaintiff,
MAURICE DIARIAN
8
9 || RYAN L. EDDINGS, Bar No. 256519
reddings @littler. com
10 || VAN A M. COHN, Bar No. 314619
reglin@t ittler.com
11 || LITTLER MENDELSON, P.C.
5200 North Palm Avenue, Suite 302
12 || Fresno, CA 93704.2225
felephone: 8399) 244-7500
13 || Fax No.: (559) 244-7525
14 || Attorneys for Defendant,
FIRST TRANSIT, INC.
15
16 UNITED STATES DISTRICT COURT
17 CENTRAL DISTRICT OF CALIFORNIA
18 || MAURICE DIARIAN, an Case No. 2:20-cv-02957-FMO (AFMx)
Individual,
19 JPROPOSED!| ORDER GRANTING
Plaintiff, PARTIES’ STIPULATED
20 PROTECTIVE ORDER
V.
21
FIRST TRANSIT, INC., a Delaware
22 || Corporation; and DOES 1| through
50, inclusive,
23
Defendants.
24
25
26
27
28
P.C. 4898-8017-6354.1 070993.1157
1] 1. A. PURPOSES AND LIMITATIONS
2 Disclosure and discovery activity in this action are likely to involve
3 || production of confidential, proprietary, or private information for which special
4 || protection from public disclosure and from use for any purpose other than prosecuting
5 || this litigation may be warranted. Accordingly, the parties hereby stipulate to and
6 || petition the court to enter the following Stipulated Protective Order. The parties
7 || acknowledge that this Order does not confer blanket protections on all disclosures or
8 || responses to discovery and that the protection it affords from public disclosure and use
9 || extends only to those limited information or items that are entitled to confidential
10 || treatment under the applicable legal principles. The parties further acknowledge that
11 || this Order does not constitute waiver of any right, privilege, or objection with respect
12 || to confidential, proprietary, or private information. The parties further acknowledge,
13 |) as set forth in Section 12.3 below, that this Stipulated Protective Order requires them
14 || to file confidential information under seal; Local Rule 79-5 sets forth the procedures
15 || that must be followed and the standards that will be applied when a party seeks
16 || permission from the court to file materials under seal.
17 B. GOOD CAUSE STATEMENT
18 This action is likely to involve commercial, financial, proprietary, and/or
19 || other private information for which special protection from public disclosure and from
20 || use for any purpose other than prosecution of this action is warranted. Such
21 || confidential, proprietary, and/or private materials and information consist of, among
22 || other things, confidential business or financial information, information regarding
23 || confidential business practices, or other confidential commercial information
24 || (including information that could potentially implicate the privacy rights of non-
25 || parties), information otherwise generally unavailable to the public, or which may be
26 || privileged or otherwise protected from disclosure under state or federal statutes, court
27 || rules, case decisions, or common law. Accordingly, to expedite the flow of
28 || information, to facilitate the prompt resolution of disputes over confidentiality of
© 4828-8017-6354.1 070993.1157 2.
1 || discovery materials, to adequately protect information the parties are entitled to keep
2 || confidential, to ensure that the parties are permitted reasonable necessary uses of such
3 || material in preparation for and in the conduct of trial, to address their handling at the
end of the litigation, and serve the ends of justice, a protective order for such
5 || information is justified in this matter. It is the intent of the parties that information
6 || will not be designated as confidential for tactical reasons and that nothing be so
7 || designated without a good faith belief that it has been maintained in a confidential,
8 || non-public manner, and there is good cause why it should not be part of the public
9 || record of this case.
10 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
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 information
14 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and
15 || the standards that will be applied when a party seeks permission from the court to file
16 || material under seal.
17 There is a strong presumption that the public has a right of access to
18 |) judicial proceedings and records in civil cases. In connection with non-dispositive
19 || motions, good cause must be shown to support a filing under seal. See Kamakana v.
20 || City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.
21 || Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
22 || Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective
23 || orders require good cause showing), and a specific showing of good cause or
24 || compelling reasons with proper evidentiary support and legal justification, must be
25 || made with respect to Protected Material that a party seeks to file under seal. The
26 || parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL
27 || does not—without the submission of competent evidence by declaration, establishing
28 || that the material sought to be filed under seal qualifies as confidential, privileged, or
© 4828-8017-6354.1 070993.1157 3,
1 || otherwise protectable—constitute good cause.
2 Further, if a party requests sealing related to a dispositive motion or trial,
3 || then 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 each
6 || item or type of information, document, or thing sought to be filed or introduced under
7 || seal in connection with a dispositive motion or trial, the party seeking protection must
8 || articulate compelling reasons, supported by specific facts and legal justification, for
9 || the requested sealing order. Again, competent evidence supporting the application to
10 || file documents under seal must be provided by declaration.
11 Any document that is not confidential, privileged, or otherwise
12 || protectable in its entirety will not be filed under seal if the confidential portions can be
13 || redacted. If documents can be redacted, then a redacted version for public viewing,
14 || omitting only the confidential, privileged, or otherwise protectable portions of the
15 || document, shall be filed. Any application that seeks to file documents under seal in
16 |) their entirety should include an explanation of why redaction 1s not feasible.
17 2. DEFINITIONS
18 2.0 Action: United States District Court, Central District of California
19 || Case No. 2:20-cv-02957-FMO (AFMx).
20 2.1 Challenging Party: a Party or Non-Party that challenges the
21 || designation of information or items under this Order.
22 2.2. “CONFIDENTIAL” Information or Items: information (regardless
23 || of 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 in the
25 || Good Cause Statement. For the purposes of this matter, Confidential Information also
26 || includes any surveillance footage produced in this matter as well as personnel file of
27 || third-parties, whether used in whole or in part.
28
Pai 4828-8017-6354.1 070993.1157 4.
1 2.3. Counsel (without qualifier): Outside Counsel of Record and
2 || House Counsel (as well as their support staff).
3 2.4 Designating Party: a Party or Non-Party that designates
4 || information or items that it produces in disclosures or in responses to discovery as
5 | “CONFIDENTIAL.”
6 2.5 Disclosure _or Discovery Material: all items or information,
7 || regardless of the medium or manner in which it is generated, stored, or maintained
8 || (including, among other things, testimony, transcripts, and tangible things), that are
9 || produced or generated in disclosures or responses to discovery in this matter.
10 2.6 Expert: a person with specialized knowledge or experience in a
11 || matter pertinent to the litigation who has been retained by a Party or its counsel to
12 || serve as an expert witness or as a consultant in this Action.
13 2.7 House Counsel: attorneys who are employees of a party to this
14 || Action. House Counsel does not include Outside Counsel of Record or any other
15 || outside counsel.
16 2.8 Non-Party: any natural person, partnership, corporation,
17 || association, or other legal entity not named as a Party to this Action.
18 2.9 Outside Counsel of Record: attorneys who are not employees of a
19 || party to this action but are retained to represent or advise a party to this Action and
20 || have appeared in this Action on behalf of that party or are affiliated with or employed
21 || by a law firm which has appeared on behalf of that party.
22 2.10 Party: any Party to this Action, including all of its officers,
23 || directors, employees, consultants, retained experts, and Outside Counsel of Record
24 || (and their support staffs).
25 2.11 Producing Party: a Party or Non-Party that produces Disclosure or
26 || Discovery Material in this action.
27 2.12 Professional Vendors: persons or entities that provide litigation
28 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or
© 4828-8017-6354.1 070993.1157 5.
1 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
2 || and their employees and subcontractors.
3 2.13 Protected Material: any Disclosure or Discovery Material that is
4 || designated as “CONFIDENTIAL.”
5 2.14 Receiving Party: a Party that receives Disclosure or Discovery
6 || Material from a Producing Party.
7 || 3. SCOPE
8 The protections conferred by this Stipulation and Order cover not only
9 || Protected Material (as defined above), but also (1) any information copied or extracted
10 || from Protected Material; (2) all copies, excerpts, summaries, or compilations of
11 || Protected Material; and (3) any testimony, conversations, or presentations by Parties
12 || or their Counsel that might reveal Protected Material. However, the protections
13 || conferred by this Stipulation and Order do not cover the following information: (a)
14 || any information that is in the public domain at the time of disclosure to a Receiving
15 || Party or becomes part of the public domain after its disclosure to a Receiving Party as
16 || aresult of publication not involving a violation of this Order, including becoming part
17 || of the public record through trial or otherwise; and (b) any information known to the
18 || Receiving Party prior to the disclosure or obtained by the Receiving Party after the
19 || disclosure from a source who obtained the information lawfully and under no
20 || obligation of confidentiality to the Designating Party. Any use of Protected Material at
21 || trial shall be governed by a separate agreement or order. This Order does not govern
22 || the use of Protected Information at trial.
23 |) 4. DURATION
24 Even after the final disposition of this litigation, the confidentiality
25 || obligations imposed by this Order shall remain in effect until a Designating Party
26 || agrees otherwise in writing or a court order directs otherwise. Final disposition shall
27 || be deemed to be the later of (1) dismissal of all claims and defenses in this action,
28 || with or without prejudice; and (2) final judgment herein after the completion and
© 4828-8017-6354.1 070993.1157 6.
1 || exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
2 | including time limits for filing any motion or applications for extension of time
3 || pursuant to applicable law.
4] 5. DESIGNATING PROTECTED MATERIAL
5 5.1 Exercise _of Restraint and Care in Designating Materials for
6 || Protection. Each Party or Non-Party that designates information or items for
7 || protection under this Order must take care to limit any such designation to specific
8 || material that qualifies under the appropriate standards. The Designating Party must
9 || designate for protection only those parts of material, documents, items, or oral or
10 || written communications that qualify — so that other portions of the materials,
11 || documents, items, or communications for which protection is not warranted are not
12 || swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized
13 || designations are prohibited. Designations that are shown to be clearly unjustified or
14 || that have been made for an improper purpose (e.g., to unnecessarily encumber the
15 || case development process or to impose unnecessary expenses and burdens on other
16 || parties) expose the Designating Party to sanctions. If it comes to a Designating Party’s
17 || attention that information or items that it designated for protection do not qualify for
18 || protection, that Designated Party must promptly notify all other Parties that it is
19 || withdrawing the mistaken designation.
20 5.2 Manner and Timing of Designation. Except as otherwise provided
21 || in this Order (see, e.g., second paragraph of section 5.2(a) below) or as otherwise
22 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
23 || under this Order must be clearly so designated before the material is disclosed or
24 || produced. Designation in conformity with this Order requires:
25 (a) for information in documentary form (e.g., paper or electronic
26 || documents, but excluding transcripts of depositions or other pretrial or trial
27 || proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each
28 || page that contains protected materials. If only a portion or portions of the material on
© 4828-8017-6354.1 070993.1157 7.
1 || a page qualifies for protection, the Producing Party also must clearly identify the
2 || protected portions(s) (e.g., by making appropriate markings in the margins). A Party
3 || or Non-Party that makes original documents or materials available for inspection need
4 || not designate them for protection until after the inspecting Party has indicated which
5 || material it would like copied and produced. During the inspection and before the
6 || designation, all of the material made available for inspection shall be deemed
7 | “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
8 || copied and produced, the Producing Party must determine which documents, or
9 || portions thereof, qualify for protection under this Order. Then, before producing the
10 || specified documents, the Producing Party must affix the “CONFIDENTIAL” legend
11 || to each page that contains Protected Material. If only a portion of portions of the
12 || material qualifies for protection, the Producing Party must clearly identify the
13 || protected portion(s) (e.g., by making appropriate markings in the margins).
14 (b) for testimony given in deposition or in other pretrial or trial
15 || proceedings, that the Designating Party identify on the record, before the close of the
16 || deposition, hearing, or other proceeding, all protected testimony.
17 (c) for information produced in some form other than documentary
18 || and for any other tangible items, that the Producing Party affix in a prominent place
19 || on the exterior of the container or containers in which the information or item is stored
20 || the legend “CONFIDENTIAL.” If only a portion or portions of the information or
21 || item warrant protection, the Producing Party, to the extent practicable, shall identify
22 || the protected portion(s).
23 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
24 || failure to designate qualified information or items does not, standing alone, waive the
25 || Designating Party’s right to secure protection under this Order for such material.
26 || Upon timely correction of a designation, the Receiving Party must make reasonable
27 || efforts to assure that the material is treated in accordance with the provisions of this
28 || Order.
© 4828-8017-6354.1 070993.1157 8.
1
2 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
3 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
4 || designation of confidentiality at any time. Unless a prompt challenge to a Designating
5 || Party’s confidentiality designation is necessary to avoid foreseeable delay of the
6 || litigation, a Party does not waive its right to challenge a confidentiality designation by
7 || electing not to mount a challenge promptly after the original designation is disclosed.
8 6.2. Meet and Confer. The Challenging Party shall initiate the dispute
9 || resolution process under Local Rule 37-1 et seq.
10
6.3. Joint Stipulation. Any challenge submitted to the Court shall be via a
joint stipulation pursuant to Local Rule 37-2.
13 6.4 The burden of persuasion in any such challenge proceeding shall be on
14 || the Designating Party. Frivolous challenges, and those made for an improper purpose
15 || (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
16 || expose the Challenging Party to sanctions. Unless the Designating Party has waived
17 || the confidentiality designation, all parties shall continue to afford the material in
18 || question the level of protection to which it is entitled under the Designating Party’s
19 || designation until the court rules on the challenge.
20 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL
21 7.1 Basic Principles. A Receiving Party may use Protected Material that it
22 || disclosed or produced by another Party or by a Non-Party in connection with this case
23 || only for prosecuting, defending, or attempting to settle this litigation. Such Protected
24 || Material may be disclosed only to the categories of persons and under the conditions
25 || described in this Order. When the litigation has been terminated, a Receiving Party
26 || must comply with the provisions of section 13 below (FINAL DISPOSITION).
27 Protected Material must be stored and maintained by the Receiving Party
28 || at a location and in a secure manner that ensures that access is limited to the persons
© 4828-8017-6354.1 070993.1157 9,
1 || authorized under this Order.
2 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
3 || otherwise ordered by the court or permitted in writing by the Designating Party, a
4 || Receiving Party may disclose any information or item designated “CONFIDENTIAL”
5 || only to:
6 (a) the Receiving Party’s Outside Counsel of Record in this action, as
7 || well as employees of said Outside Counsel of Record to whom it is reasonably
8 || necessary to disclose the information for this litigation;
9 (b) the officers, directors, and employees (including House Counsel)
10 || of Receiving Party to whom it is reasonably necessary to disclose the information for
11 || this litigation and who have signed the “Acknowledgement and Agreement to Be
12 || Bound (Exhibit A);
13 (c) Experts (as defined in this Order) of the Receiving Party to whom
14 || disclosure is reasonably necessary for this litigation and who have signed the
15 || “Acknowledgement and Agreement to Be Bound (Exhibit A);
16 (d) the court and its personnel;
17 (e) court reporters and their staff, professional jury or trial consultants,
18 || mock jurors, and Professional Vendors to whom disclosure is reasonably necessary
19 || for this litigation and who have signed “Acknowledgement to Be Bound” (Exhibit A).
20 (f) during their depositions, witnesses in this action to whom it is
21 || reasonably necessary to disclose the information for this litigation and who have
22 || signed the “Acknowledgement to Be Bound” (Exhibit A). However, unless otherwise
23 || agreed by the Designating Party or ordered by the court, pages of transcribed
24 || deposition testimony or exhibits to depositions that reveal Protected Material must be
25 || separately bound by the court reporter and may not be disclosed to anyone except as
26 || permitted under this Stipulated Protective Order.
27 (g) the author or recipient of a document containing the information or
28 || a custodian or other person who otherwise possessed or knew the information.
von 4828-8017-6354.1 070993.1157 10.
1] 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
2 | IN OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other
4 || litigation that compels disclosure of any information or items designated in this action
5 | as “CONFIDENTIAL,” that Party must:
6 (a) promptly notify in writing the Designating Party. Such notification
7 || shall include a copy of the subpoena or court order;
8 (b) promptly notify in writing the party who caused the subpoena or
9 || order to issue in the other litigation some or all of the material covered by the
10 || subpoena or order is subject to this Protective Order. Such notification shall include a
11 || copy of this Stipulated Protective Order;
12 (c) not produce any Protected Materials subject to the subpoena prior
13 || to the date of production indicated in the subpoena; and
14 (d) cooperate with respect to all reasonable procedures sought to be
15 || pursued by the Designating Party whose Protected Material may be affected.
16 If the Designating Party timely seeks a protective order, the Party served
17 || with the subpoena or court order shall not produce any information designated in this
18 || action as “CONFIDENTIAL” before a determination by the court from which the
19 || subpoena or order issued, unless the Party has obtained the Designating Party’s
20 || permission. The Designating Party shall bear the burden and expense of seeking
21 || protection in the court of its confidential material — and nothing in these provisions
22 || should be construed as authorizing or encouraging a Receiving Party in this action to
23 || disobey a lawful directive from another court.
24 |) 9. A__NON-PARTY’S PROTECTED MATERIAL SOUGHT □□ □□
25 || PRODUCED IN THIS LITIGATION
26 (a) The terms of this Order are applicable to information produced by
27 || a Non-Party in this action and designated as “CONFIDENTIAL.” Such information
28 || produced by Non-Parties in connection with this litigation is protected by the
© 4828-8017-6354.1 070993.1157 11.
1 || remedies and relief provided by this Order. Nothing in these provisions should be
2 || construed as prohibiting a Non-Party from seeking additional protections.
3 (b) In the event that a Party is required, by a valid discovery request,
4 || to produce a Non-Party’s confidential information in its possession, and the Party is
5 || subject to an agreement with the Non-Party not to produce the Non-Party’s
6 || confidential information, then the Party shall:
7 (1) promptly notify in writing the Requesting Party and the Non-Party
8 || that some or all of the information requested in subject to a confidentiality agreement
9 |) with a Non-Party;
10 (2) promptly provide the Non-Party with a copy of the Stipulated
11 || Protective Order in this litigation, the relevant discovery request(s), and a reasonably
12 || specific description of the information requested; and
13 (3) make the information requested available for inspection by the
14 || Non-Party.
15 (c) Ifthe Non-Party fails to object or seek a protective order from this
16 || court within 14 days of receiving the notice and accompanying information, the
17 || Receiving Party may produce the Non-Party’s confidential information responsive to
18 || the discovery request. If the Non-Party timely seeks a protective order, the Receiving
19 || Party shall not produce any information in its possession or control that is subject to
20 || the confidentiality agreement with the Non-Party before a determination by the court.
21 || Absent a court order to the contrary, the Non-Party shall bear the burden and expense
22 || of seeking protection in this court of its Protected Material.
23 | 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
24 If a Receiving Party learns that, by inadvertence or otherwise, it has
25 || disclosed Protected Material to any person or in any circumstance not authorized
26 || under this Stipulated Protective Order, the Receiving Party must immediately (a)
27 || notify in writing the Designating Party of the unauthorized disclosures, (b) use its best
28 || efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
von 4828-8017-6354.1 070993.1157 12.
1 || person or persons to whom authorized disclosures were made of all of the terms of
2 || this Order, and (d) request such person or persons to execute the “Acknowledgement
3 || and Agreement to Be Bound” that is attached hereto as Exhibit A.
11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
5 | PROTECTED MATERIALS
6 When a Producing Party gives notice to a Receiving Party that certain
7 || inadvertently produced material is subject to a claim of privilege or other protection,
8 || the obligations of the Receiving Party are those set forth in Federal Rules of Civil
9 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
10 || may be established in e-discovery order that provides for production without prior
11 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
12 || parties reach an agreement on the effect of disclosure of a communication or
13 || information covered by the attorney-client privilege or work product protection, the
14 || parties may incorporate their agreement in the stipulated protective order submitted to
15 || the court.
16 | 12. MISCELLANEOUS
17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
18 || person to seek its termination or modification by the court in the future.
19 12.2 Right to Assert Other Objections. By stipulating to the entry of this
20 || Protective Order no Party waives any right, privilege, or protection it otherwise would
21 || have to object to disclosing or producing any information or item. Similarly, no Party
22 || waives any right to object on any ground to use in evidence of any of the material
23 || covered by this Protective Order.
24 12.3 Filing Protected Material. Protected Material must be filed under seal.
25 || A Party that seeks to file under seal any Protected Material must comply with United
26 || States District Court Central District of California Local Rule 79-5.
27
28
4828-8017-6354.1 070993.1157 13.
1] 13. FINAL DISPOSITION
2 Within 60 days after final disposition of this action, as defined in
3 || paragraph 4, each Receiving Party must return all Protected Material to the Producing
4 || Party or destroy such material. As used in this subdivision, “all Protected Material”
5 | includes all copies, abstracts, compilations, summaries, and any other format
6 || reproducing or capturing any of the Protected Material.
7 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 same
9 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
10 || (by category, where appropriate) all the Protected Material that was returned or
11 || destroyed and (2) affirms that the Receiving Party has not retained any copies,
12 || abstracts, compilations, summaries or any other format reproducing or capturing any
13 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to
14 || retain an archival copy of the entire case file, including but not limited to all
15 || pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
16 || correspondence, deposition and trial exhibits, expert reports, attorney work product,
17 || and consultant and expert work product, even if such materials contain Protected
18 || Material. Any such archival copies that contain or constitute Protected Material
19 || remain subject to this Protective Order as set forth in Section 4 (DURATION).
20 || 14. The Court retains the ability to remedy and/or punish violations of this Order.
21
97 || PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS SO
ORDERED.
23 .
24 (Wy
95 || DATED: 3/26/2021
Alexander F. MacKinnon
26 United States Magistrate Judge
27
28
4828-8017-6354.1 070993.1157 14.
1
2
3 EXHIBIT A
4 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
5
6 I, [print or type full name], of
7 || [print or type full address], declare under the penalty of perjury that I have read in its
8 || entirety and understand the Stipulated Protective Order that was issued by the United
9 || States District Court for the Central District of California on [___] in the case of
10 || Maurice Diarian vy. First Transit, Inc., U.S. District Court for the Central District of
11 || California, Case No. 2:20-cv-02957-FMO (AFMx). I agree to comply with and to be
12 | bound by all the terms of this Stipulated Protective Order and I understand and
13 || acknowledge that failure to so comply could expose me to sanctions and punishment
14 || in the nature of contempt. I solemnly promise that I will not disclose in any manner
15 || any information or item that is subject to this Stipulated Protective Order to any
16 || person or entity except in strict compliance with the provisions of this Order.
17 I further agree to submit to the jurisdiction of the United States District Court
18 || for the Central District of California for the purpose of enforcing the terms of the
19 || Stipulated Protective Order, even if such enforcement proceedings occur after the
20 || termination of this action.
21 I hereby appoint [print or type full name] of
22 || [print or type full address and telephone number] as my California agent for service of
23 || process in connection with this action or any proceedings related to enforcement of
24 || this Stipulated Protective Order.
25
26 || Date:
27 || City and State Where Sworn and Signed:
28 || Printed Name:
4828-8017-6354.1 070993.1157 15.
1 || Signature:
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von 4828-8017-6354.1 070993.1157 16.