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
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UNITED STATES DISTRICT COURT
7
CENTRAL DISTRICT OF CALIFORNIA
8
9 CASE NO. 2:21-cv-02070 MWF(AFMx)
Honorable Alexander F. MacKinnon
10 EL CARMEN, INC., a California
corporation, and Amerisal Foods, LLC,
11 a California Limited Liability
[PROPOSED] PROTECTIVE
Company,
ORDER
12
Plaintiffs and
13 Counter-
Defendants,
14
15 vs.
16 ELISEO RUBIO, an individual,
MARTA RUBIO, an individual, and
17 ELISEO RUBIO and MARTA RUBIO
DBA CHAPARRASTIQUE
18 WAREHOUSE,
19 Defendants and
Counter-Plaintiffs.
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1 I. PURPOSES AND LIMITATIONS
2 A. Discovery in this action is likely to involve production of
3 confidential, proprietary, or private information for which special protection
4 from public disclosure and from use for any purpose other than prosecuting
5 this litigation may be warranted. Accordingly, the parties hereby stipulate
6 to and petition the Court to enter the following Stipulated Protective Order.
7 The parties acknowledge that this Order does not confer blanket protections
8 on all disclosures or responses to discovery and that the protection it affords
9 from public disclosure and use extends only to the limited information or
10 items that are entitled to confidential treatment under the applicable legal
11 principles. The parties further acknowledge, as set forth in Section XIII(C),
12 below, that this Stipulated Protective Order does not entitle them to file
13 confidential information under seal; Civil Local Rule 79-5 sets forth the
14 procedures that must be followed and the standards that will be applied
15 when a party seeks permission from the Court to file material under seal.
16 II. GOOD CAUSE STATEMENT
17 A. This action is likely to involve trade secrets, customer and pricing
18 lists and other valuable commercial, financial and/or proprietary
19 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
1 confidential and proprietary materials and information consist of, among
2 other things, confidential business or financial information, information
3 regarding confidential business practices, or other confidential research,
4 development, or commercial information (including information
5 implicating privacy rights of third parties), information otherwise generally
6 unavailable to the public, or which may be privileged or otherwise
7 protected from disclosure under state or federal statutes, court rules, case
8 decisions, or common law. Accordingly, to expedite the flow of
9 information, to facilitate the prompt resolution of disputes over
10 confidentiality of discovery materials, to adequately protect information the
11 parties are entitled to keep confidential, to ensure that the parties are
12 permitted reasonable necessary uses of such material in preparation for and
13 in the conduct of trial, to address their handling at the end of the litigation,
14 and serve the ends of justice, a protective order for such information is
15 justified in this matter. It is the intent of the parties that information will
16 not be designated as confidential for tactical reasons and that nothing be so
17 designated without a good faith belief that it has been maintained in a
18 confidential, non-public manner, and there is good cause why it should not
19 be part of the public record of this case.
20
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1 B. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
2 SEAL
3 The parties further acknowledge, as set forth in Section XIII.C., below, that
4 this Stipulated Protective Order does not entitle them to file confidential
5 information under seal; Local Civil Rule 79-5 sets forth the procedures that
6 must be followed and the standards that will be applied when a party seeks
7 permission from the court to file material under seal.
8 There is a strong presumption that the public has a right of access to judicial
9 proceedings and records in civil cases. In connection with non-dispositive
10 motions, good cause must be shown to support a filing under seal. See
11 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir.
12 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir.
13 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D.
14 Wis. 1999) (even stipulated protective orders require good cause showing),
15 and a specific showing of good cause or compelling reasons with proper
16 evidentiary support and legal justification, must be made with respect to
17 Protected Material that a party seeks to file under seal. The parties’ mere
18 designation of Disclosure or Discovery Material as CONFIDENTIAL does
19 not— without the submission of competent evidence by declaration,
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1 establishing that the material sought to be filed under seal qualifies as
2 confidential, privileged, or otherwise protectable—constitute good cause.
3 Further, if a party requests sealing related to a dispositive motion or trial,
4 then compelling reasons, not only good cause, for the sealing must be
5 shown, and the relief sought shall be narrowly tailored to serve the specific
6 interest to be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d
7 665, 677-79 (9th Cir. 2010). For each item or type of information,
8 document, or thing sought to be filed or introduced under seal in connection
9 with a dispositive motion or trial, the party seeking protection must
10 articulate compelling reasons, supported by specific facts and legal
11 justification, for the requested sealing order. Again, competent evidence
12 supporting the application to file documents under seal must be provided by
13 declaration.
14 Any document that is not confidential, privileged, or otherwise protectable
15 in its entirety will not be filed under seal if the confidential portions can be
16 redacted. If documents can be redacted, then a redacted version for public
17 viewing, omitting only the confidential, privileged, or otherwise protectable
18 portions of the document, shall be filed. Any application that seeks to file
19 documents under seal in their entirety should include an explanation of why
20 redaction is not feasible.
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1 III. DEFINITIONS
2 A. Action: El Carmen, Inc., et al. v. Eliseo Rubio, et al., C.D.Cal., Case
3 No. 2:21-cv-02070 MWF(afm).
4 B. Challenging Party: A Party or Non-Party that challenges the
5 designation of information or items under this Order.
6 C. “CONFIDENTIAL” Information or Items: Information (regardless
7 of how it is generated, stored or maintained) or tangible things that qualify
8 for protection under Federal Rule of Civil Procedure 26(c), and as specified
9 above in the Good Cause Statement.
10 D. Counsel: Outside Counsel of Record and House Counsel (as well as
11 their support staff).
12 E. Designating Party: A Party or Non-Party that designates information
13 or items that it produces in disclosures or in responses to discovery as
14 “CONFIDENTIAL.”
15 F. Disclosure or Discovery Material: All items or information,
16 regardless of the medium or manner in which it is generated, stored, or
17 maintained (including, among other things, testimony, transcripts, and
18 tangible things), that are produced or generated in disclosures or responses
19 to discovery in this matter.
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1 G. Expert: A person with specialized knowledge or experience in a
2 matter pertinent to the litigation who has been retained by a Party or its
3 counsel to serve as an expert witness or as a consultant in this Action.
4 H. “Highly Confidential – Attorneys’ Eyes Only” Information Or Items:
5 Information (regardless of how it is generated, stored, or maintained) or
6 tangible things that qualify for protection under Federal Rule of Civil
7 Procedure 26(c) and which the Producing Party claims in good faith is
8 highly confidential or sensitive and constitutes or relates to trade secrets or
9 other confidential research, development, or commercial information, the
10 disclosure of which to persons other than those set forth in Section 7.3
11 below, would create a substantial risk of serious harm that could not be
12 avoided by less restrictive means.
13 I. House Counsel: Attorneys who are employees of a party to this
14 Action. House Counsel does not include Outside Counsel of Record or any
15 other outside counsel.
16 J. Non-Party: Any natural person, partnership, corporation, association,
17 or other legal entity not named as a Party to this action.
18 K. 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
20 Action and have appeared in this Action on behalf of that party or are
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1 affiliated with a law firm which has appeared on behalf of that party, and
2 includes support staff.
3 L. Party: Any party to this Action, including all of its officers,
4 directors, employees, consultants, retained experts, and Outside Counsel of
5 Record (and their support staffs).
6 M. Producing Party: A Party or Non-Party that produces Disclosure or
7 Discovery Material in this Action.
8 N. Professional Vendors: Persons or entities that provide litigation
9 support services (e.g., photocopying, videotaping, translating, preparing
10 exhibits or demonstrations, and organizing, storing, or retrieving data in any
11 form or medium) and their employees and subcontractors.
12 O. Protected Material: Any Disclosure or Discovery Material that is
13 designated as “CONFIDENTIAL.”
14 P. Receiving Party: A Party that receives Disclosure or Discovery
15 Material from a Producing Party.
16 IV. SCOPE
17 A. The protections conferred by this Stipulation and Order cover not
18 only Protected Material (as defined above), but also (1) any information
19 copied or extracted from Protected Material; (2) all copies, excerpts,
20 summaries, or compilations of Protected Material; and (3) any testimony,
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1 conversations, or presentations by Parties or their Counsel that might reveal
2 Protected Material.
3 B. Any use of Protected Material at trial shall be governed by the orders
4 of the trial judge. This Order does not govern the use of Protected Material at
5 trial.
6 V. DURATION
7 A. Even after final disposition of this litigation, the confidentiality
8 obligations imposed by this Order shall remain in effect until a Designating
9 Party agrees otherwise in writing or a court order otherwise directs. Final
10 disposition shall be deemed to be the later of (1) dismissal of all claims and
11 defenses in this Action, with or without prejudice; and (2) final judgment
12 herein after the completion and exhaustion of all appeals, rehearings,
13 remands, trials, or reviews of this Action, including the time limits for filing
14 any motions or applications for extension of time pursuant to applicable
15 law.
16 VI. DESIGNATING PROTECTED MATERIAL
17 A. Exercise of Restraint and Care in Designating Material for Protection
18 1. Each Party or Non-Party that designates information or items
19 for protection under this Order must take care to limit any such
20 designation to specific material that qualifies under the appropriate
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1 standards. The Designating Party must designate for protection only
2 those parts of material, documents, items, or oral or written
3 communications that qualify so that other portions of the material,
4 documents, items, or communications for which protection is not
5 warranted are not swept unjustifiably within the ambit of this Order.
6 2. Mass, indiscriminate, or routinized designations are prohibited.
7 Designations that are shown to be clearly unjustified or that have
8 been made for an improper purpose (e.g., to unnecessarily encumber
9 the case development process or to impose unnecessary expenses and
10 burdens on other parties) may expose the Designating Party to
11 sanctions.
12 3. If it comes to a Designating Party’s attention that information
13 or items that it designated for protection do not qualify for protection,
14 that Designating Party must promptly notify all other Parties that it is
15 withdrawing the inapplicable designation.
16 B. Manner and Timing of Designations
17 1. Except as otherwise provided in this Order (see, e.g., Section
18 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or
19 Discovery Material that qualifies for protection under this Order must
20 be clearly so designated before the material is disclosed or produced.
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1 2. Designation in conformity with this Order requires the
2 following:
3 a. For information in documentary form (e.g., paper or
4 electronic documents, but excluding transcripts of depositions
5 or other pretrial or trial proceedings), that the Producing Party
6 affix at a minimum, the legend “CONFIDENTIAL” or
7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
8 to each page that contains protected material. If only a portion
9 or portions of the material on a page qualifies for protection,
10 the Producing Party also must clearly identify the protected
11 portion(s) (e.g., by making appropriate markings in the
12 margins).
13 b. A Party or Non-Party that makes original documents
14 available for inspection need not designate them for protection
15 until after the inspecting Party has indicated which documents
16 it would like copied and produced. During the inspection and
17 before the designation, all of the material made available for
18 inspection shall be deemed “CONFIDENTIAL” or “HIGHLY
19 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the
20 inspecting Party has identified the documents it wants copied
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1 and produced, the Producing Party must determine which
2 documents, or portions thereof, qualify for protection under
3 this Order. Then, before producing the specified documents,
4 the Producing Party must affix the “CONFIDENTIAL” or
5 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
6 legend to each page that contains Protected Material. If only a
7 portion or portions of the material on a page qualifies for
8 protection, the Producing Party also must clearly identify the
9 protected portion(s) (e.g., by making appropriate markings in
10 the margins).
11 c. For testimony given in depositions, that the Designating
12 Party identify the Disclosure or Discovery Material on the
13 record, before the close of the deposition all protected
14 testimony.
15 d. For information produced in form other than document
16 and for any other tangible items, that the Producing Party affix
17 in a prominent place on the exterior of the container or
18 containers in which the information is stored the legend
19 CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
20 ATTORNEYS’ EYES ONLY.” If only a portion or portions of
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1 the information warrants protection, the Producing Party, to the
2 extent practicable, shall identify the protected portion(s).
3 C. Inadvertent Failure to Designate
4 1. If timely corrected, an inadvertent failure to designate qualified
5 information or items does not, standing alone, waive the Designating
6 Party’s right to secure protection under this Order for such material.
7 Upon timely correction of a designation, the Receiving Party must
8 make reasonable efforts to assure that the material is treated in
9 accordance with the provisions of this Order.
10 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS
11 A. Timing of Challenges
12 1. 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 B. Meet and Confer
16 1. The Challenging Party shall initiate the dispute resolution
17 process under Local Rule 37.1 et seq.
18 C. The burden of persuasion in any such challenge proceeding shall be
19 on the Designating Party. Frivolous challenges, and those made for an
20 improper purpose (e.g., to harass or impose unnecessary expenses and
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1 burdens on other parties) may expose the Challenging Party to sanctions.
2 Unless the Designating Party has waived or withdrawn the confidentiality
3 designation, all parties shall continue to afford the material in question the
4 level of protection to which it is entitled under the Producing Party’s
5 designation until the Court rules on the challenge.
6 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL
7 A. Basic Principles
8 1. A Receiving Party may use Protected Material that is disclosed
9 or produced by another Party or by a Non-Party in connection with
10 this Action only for prosecuting, defending, or attempting to settle
11 this Action. Such Protected Material may be disclosed only to the
12 categories of persons and under the conditions described in this
13 Order. When the Action has been terminated, a Receiving Party must
14 comply with the provisions of Section XIV below.
15 2. Protected Material must be stored and maintained by a
16 Receiving Party at a location and in a secure manner that ensures that
17 access is limited to the persons authorized under this Order.
18 B. Disclosure of “CONFIDENTIAL” Information or Items
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1 1. Unless otherwise ordered by the Court or permitted in writing
2 by the Designating Party, a Receiving Party may disclose any
3 information or item designated “CONFIDENTIAL” only to:
4 a. The Receiving Party’s Outside Counsel of Record in this
5 Action, as well as employees of said Outside Counsel of
6 Record to whom it is reasonably necessary to disclose the
7 information for this Action;
8 b. The officers, directors, and employees (including House
9 Counsel) of the Receiving Party to whom disclosure is
10 reasonably necessary for this Action;
11 c. Experts (as defined in this Order) of the Receiving Party
12 to whom disclosure is reasonably necessary for this Action and
13 who have signed the “Acknowledgment and Agreement to Be
14 Bound” (Exhibit A);
15 d. The Court and its personnel;
16 e. Court reporters and their staff;
17 f. Professional jury or trial consultants, mock jurors, and
18 Professional Vendors to whom disclosure is reasonably
19 necessary or this Action and who have signed the
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1 “Acknowledgment and Agreement to be Bound” attached as
2 Exhibit A hereto;
3 g. The author or recipient of a document containing the
4 information or a custodian or other person who otherwise
5 possessed or knew the information;
6 h. During their depositions, witnesses, and attorneys for
7 witnesses, in the Action to whom disclosure is reasonably
8 necessary provided: (i) the deposing party requests that the
9 witness sign the “Acknowledgment and Agreement to Be
10 Bound;” and (ii) they will not be permitted to keep any
11 confidential information unless they sign the
12 “Acknowledgment and Agreement to Be Bound,” unless
13 otherwise agreed by the Designating Party or ordered by the
14 Court. Pages of transcribed deposition testimony or exhibits to
15 depositions that reveal Protected Material may be separately
16 bound by the court reporter and may not be disclosed to
17 anyone except as permitted under this Stipulated Protective
18 Order; and
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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 C. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
5 ONLY” Information or Items.
6 1. Unless otherwise ordered by the court or permitted in writing
7 by the Designating Party, a Receiving Party may disclose any
8 information or item designated “HIGHLY CONFIDENTIAL –
9 ATTORNEYS’ EYES ONLY” only to:
10 a. the Receiving Party’s Outside Counsel of Record in this
11 action;
12 b. Experts (as defined in this Order) of the Receiving Party
13 to whom disclosure is reasonably necessary for this litigation
14 and who have signed the “Acknowledgment and Agreement to
15 Be Bound” (Exhibit A);
16 c. the court and its personnel;
17 d. court reporters and their staff, professional jury or trial
18 consultants, mock jurors, and Professional Vendors to whom
19 disclosure is reasonably necessary for this litigation and who
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1 have signed the “Acknowledgment and Agreement to Be
2 Bound” (Exhibit A);
3 e. during their depositions, witnesses in the action to whom
4 disclosure is reasonably necessary and who have signed the
5 “Acknowledgment and Agreement to Be Bound” (Exhibit A),
6 unless otherwise agreed by the Designating Party or ordered by
7 the court. Pages of transcribed deposition testimony or exhibits
8 to depositions that reveal Protected Material must be separately
9 bound by the court reporter and may not be disclosed to
10 anyone except as permitted under this Stipulated Protective
11 Order.
12 f. the author or recipient of a document containing the
13 information or a custodian or other person who otherwise
14 possessed or knew the information.
15 IX. PROTECTED MATERIAL SUPOENAED OR ORDERED
16 PRODUCED IN OTHER LITIGATION
17 A. If a Party is served with a subpoena or a court order issued in other
18 litigation that compels disclosure of any information or items designated in
19 this Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
20 ATTORNEYS’ EYES ONLY,” that Party must:
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1 1. Promptly notify in writing the Designating Party. Such
2 notification shall include a copy of the subpoena or court order;
3 2. Promptly notify in writing the party who caused the subpoena
4 or order to issue in the other litigation that some or all of the material
5 covered by the subpoena or order is subject to this Protective Order.
6 Such notification shall include a copy of this Stipulated Protective
7 Order; and
8 3. Cooperate with respect to all reasonable procedures sought to
9 be pursued by the Designating Party whose Protected Material may
10 be affected.
11 B. If the Designating Party timely seeks a protective order, the Party
12 served with the subpoena or court order shall not produce any information
13 designated in this action as “CONFIDENTIAL” or “HIGHLY
14 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination
15 by the Court from which the subpoena or order issued, unless the Party has
16 obtained the Designating Party’s permission. The Designating Party shall
17 bear the burden and expense of seeking protection in that court of its
18 confidential material and nothing in these provisions should be construed as
19 authorizing or encouraging a Receiving Party in this Action to disobey a
20 lawful directive from another court.
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1 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
2 PRODUCED IN THIS LITIGATION
3 A. The terms of this Order are applicable to information produced by a
4 Non-Party in this Action and designated as “CONFIDENTIAL” or
5 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such
6 information produced by Non-Parties in connection with this litigation is
7 protected by the remedies and relief provided by this Order. Nothing in
8 these provisions should be construed as prohibiting a Non-Party from
9 seeking additional protections.
10 B. In the event that a Party is required, by a valid discovery request, to
11 produce a Non-Party’s confidential information in its possession, and the
12 Party is subject to an agreement with the Non-Party not to produce the Non-
13 Party’s confidential information, then the Party shall:
14 1. Promptly notify in writing the Requesting Party and the Non-
15 Party that some or all of the information requested is subject to a
16 confidentiality agreement with a Non-Party;
17 2. Promptly provide the Non-Party with a copy of the Stipulated
18 Protective Order in this Action, the relevant discovery request(s), and
19 a reasonably specific description of the information requested; and
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1 3. Make the information requested available for inspection by the
2 Non-Party, if requested.
3 C. If the Non-Party fails to seek a protective order from this court within
4 14 days of receiving the notice and accompanying information, the
5 Receiving Party may produce the Non-Party’s confidential information
6 responsive to the discovery request. If the Non-Party timely seeks a
7 protective order, the Receiving Party shall not produce any information in
8 its possession or control that is subject to the confidentiality agreement with
9 the Non-Party before a determination by the court. Absent a court order to
10 the contrary, the Non-Party shall bear the burden and expense of seeking
11 protection in this court of its Protected Material.
12 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
13 A. If a Receiving Party learns that, by inadvertence or otherwise, it has
14 disclosed Protected Material to any person or in any circumstance not
15 authorized under this Stipulated Protective Order, the Receiving Party must
16 immediately (1) notify in writing the Designating Party of the unauthorized
17 disclosures, (2) use its best efforts to retrieve all unauthorized copies of the
18 Protected Material, (3) inform the person or persons to whom unauthorized
19 disclosures were made of all the terms of this Order, and (4) request such
20
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1 person or persons to execute the “Acknowledgment and Agreement to be
2 Bound” that is attached hereto as Exhibit A.
3 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR
4 OTHERWISE PROTECTED MATERIAL
5 A. When a Producing Party gives notice to Receiving Parties that certain
6 inadvertently produced material is subject to a claim of privilege or other
7 protection, the obligations of the Receiving Parties are those set forth in
8 Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended
9 to modify whatever procedure may be established in an e-discovery order
10 that provides for production without prior privilege review. Pursuant to
11 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an
12 agreement on the effect of disclosure of a communication or information
13 covered by the attorney-client privilege or work product protection, the
14 parties may incorporate their agreement in the Stipulated Protective Order
15 submitted to the Court.
16 XIII. MISCELLANEOUS
17 A. Right to Further Relief
18 1. Nothing in this Order abridges the right of any person to seek
19 its modification by the Court in the future.
20 B. Right to Assert Other Objections
21
1 1. By stipulating to the entry of this Protective Order, no Party
2 waives any right it otherwise would have to object to disclosing or
3 producing any information or item on any ground not addressed in
4 this Stipulated Protective Order. Similarly, no Party waives any right
5 to object on any ground to use in evidence of any of the material
6 covered by this Protective Order.
7 C. Filing Protected Material
8 1. A Party that seeks to file under seal any Protected Material
9 must comply with Civil Local Rule 79-5. Protected Material may
10 only be filed under seal pursuant to a court order authorizing the
11 sealing of the specific Protected Material at issue. If a Party's request
12 to file Protected Material under seal is denied by the Court, then the
13 Receiving Party may file the information in the public record unless
14 otherwise instructed by the Court.
15 XIV. FINAL DISPOSITION
16 A. After the final disposition of this Action, as defined in Section V,
17 within sixty (60) days of a written request by the Designating Party, each
18 Receiving Party must return all Protected Material to the Producing Party or
19 destroy such material. As used in this subdivision, “all Protected Material”
20 includes all copies, abstracts, compilations, summaries, and any other
21
1 format reproducing or capturing any of the Protected Material. Whether the
2 Protected Material is returned or destroyed, the Receiving Party must
3 submit a written certification to the Producing Party (and, if not the same
4 person or entity, to the Designating Party) by the 60 day deadline that (1)
5 identifies (by category, where appropriate) all the Protected Material that
6 was returned or destroyed and (2) affirms that the Receiving Party has not
7 retained any copies, abstracts, compilations, summaries or any other format
8 reproducing or capturing any of the Protected Material. Notwithstanding
9 this provision, Counsel are entitled to retain an archival copy of all
10 pleadings, motion papers, trial, deposition, and hearing transcripts, legal
11 memoranda, correspondence, deposition and trial exhibits, expert reports,
12 attorney work product, and consultant and expert work product, even if
13 such materials contain Protected Material. Any such archival copies that
14 contain or constitute Protected Material remain subject to this Protective
15 Order as set forth in Section V.
16 B. Any violation of this Order may be punished by any and all
17 appropriate measures including, without limitation, contempt proceedings
18 and/or monetary sanctions.
19
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1 | SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
Dated: May 26, 2021 NOLAN HEIMANN, LLP
3
4 By: /s/ David L. Hoffman
5 David L. Hoffman
Attorneys for Plaintiffs and
6 Counter-Defendants E] Carmen, Inc. and
Amerisal Foods, LLC
7
g Dated: May 26, 2021 TROJAN LAW OFFICES
9 By: /s/ R. Joseph Trojan
10 R. Joseph Trojan
Attorneys for Defendants and
11 Counter-Plaintiffs Eliseo Rubio, Marta
Rubio, and Eliseo Rubio and Marta Rubio
12 dba Chaparrastique Warehouse
13
14 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
15 (thy Nfox <_—~
Dated: 5/26/2021
16 Honorable Alexander F. MacKinnon
United States Magistrate Judge
17
18
19
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[PROPOSED] PROTECTIVE ORDER 25
1
EXHIBIT A
2
3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, [print or type full name], of
4
[print or type full address], declare under penalty of
5
perjury that I have read in its entirety and understand the Stipulated Protective
6 Order that was issued by the United States District Court for the Central District
of California on _______________ [DATE] in the case of El Carmen, Inc., et al.
7
v.Eliseo Rubio, et al., C.D.Cal., Case No. 2:21-cv-02070 MWF(afm). I agree to
8
comply with and to be bound by all the terms of this Stipulated Protective Order
9 and I understand and acknowledge that failure to so comply could expose me to
sanctions and punishment in the nature of contempt. I solemnly promise that I
10
will not disclose in any manner any information or item that is subject to this
11 Stipulated Protective Order to any person or entity except in strict compliance
with the provisions of this Order.
12
I further agree to submit to the jurisdiction of the United States District
13
Court for the Central District of California for the purpose of enforcing the terms
14 of this Stipulated Protective Order, even if such enforcement proceedings occur
after termination of this action. I hereby appoint
15
[print or type full name] of [print or type full
16 address and telephone number] as my California agent for service of process in
connection with this action or any proceedings related to enforcement of this
17
Stipulated Protective Order.
18
City and State where sworn and signed:
19 Printed Name:
Signature: Date: _______________
20
21