Phyllis Stuckey v. Lowe's Home Centers, LLC

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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11 PHYLLIS STUCKEY Case No.: 2:20-cv-07714-JWH-AFM

[Los Angeles County Superior Court

12 Plaintiff, Case No.: 20STCV05220]

13 v. (Reassigned to District Judge John

W. Holcomb and Magistrate Judge

14 LOWE’S HOME CENTERS, LLC, Alexander F. MacKinnon)

and DOES 1 to 50, Inc.

15 [PROPOSED] PROTECTIVE

ORDER1

16 Defendants.

[DISCOVERY MATTER: Referred

17 to Magistrate Judge Alexander F.

MacKinnon]

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19 1. A. PURPOSES AND LIMITATIONS

20 Discovery in this action is likely to involve production of confidential,

21 proprietary, or private information for which special protection from public

22 disclosure and from use for any purpose other than prosecuting this litigation may

23 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

24 enter the following Stipulated Protective Order. The parties acknowledge that this

25 Order does not confer blanket protections on all disclosures or responses to

26 discovery and that the protection it affords from public disclosure and use extends

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1 only to the limited information or items that are entitled to confidential treatment

2 under the applicable legal principles. The parties further acknowledge, as set forth

3 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to

4 file confidential information under seal; Civil Local Rule 79-5 sets forth the

5 procedures that must be followed and the standards that will be applied when a party

6 seeks permission from the Court to file material under seal.

7 B. GOOD CAUSE STATEMENT

8 Federal Rules of Civil Procedure, Rule 26(c)(1) states in pertinent part, that

9 the Court, upon a showing of good cause may “issue an order to protect a party from

10 annoyance, embarrassment, oppression, or undue burden or expense.” Fed.R.Civ.P.

11 26(c)(1). In the instant matter, Defendant Lowe’s Home Centers, LLC’s

12 Confidential Documents contain proprietary and confidential trade secret

13 information relating to Defendant Lowe’s Home Centers, LLC’s business practices

14 and its safety protocol. Defendant Lowe’s Home Centers, LLC. (“Defendant” or

15 “Lowe’s”) derives independent economic value from maintaining the confidentiality

16 of the policies and procedures set forth in these Confidential Documents.

17 Defendant is a retailer in the home improvement industry and has conducted

18 business in California since 1998. The home improvement retail industry is very

19 competitive. As a result of years of investing time and money in research and

20 investigation, Defendant developed the policies contained in the Confidential

21 Documents for the purposes of maintaining the security and accessibility of its

22 merchandise, providing quality customer service, and ensuring the safety of its

23 employees and customers. These policies and procedures, as memorialized in the

24 Confidential Documents, were created and generated by Lowe’s for Lowe’s, and are

25 used for the purposes of maintaining safety at its stores and creating efficient and

26 organized work environments for its employees. As a result, Defendant is able to

27 minimize the waste of any resources, which is a key factor in generating profitability

1 Defendant derives economic value from maintaining the secrecy of its

2 Confidential Documents. If disclosed to the public, the trade secret information

3 contained in Defendant’s Confidential Documents would reveal Defendant’s

4 internal operations and could potentially be used by competitors as a means to

5 compete for its customers, interfere with its business plans and thereby gain unfair

6 business advantages. If Defendant’s safety protocol were revealed to the general

7 public, it would hinder Defendant’s ability to effectively resolve and minimize

8 liability claims, and its goal of protecting its customers and employees from theft

9 and other crimes. Unrestricted or unprotected disclosure of such information would

10 result in prejudice or harm to Defendant by revealing Lowe’s competitive

11 confidential information, which has been developed at the expense of Lowe’s and

12 which represents valuable tangible and intangible assets. Accordingly, the parties

13 respectfully submit that there is good cause for the entry of this Protective Order. C.

14 ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

15 The parties further acknowledge, as set forth in Section 12.3, below, that this

16 Stipulated Protective Order does not entitle them to file confidential information

17 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

18 and the standards that will be applied when a party seeks permission from the court

19 to file material under seal.

20 There is a strong presumption that the public has a right of access to judicial

21 proceedings and records in civil cases. In connection with non-dispositive motions,

22 good cause must be shown to support a filing under seal. See Kamakana v. City and

23 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

24 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

25 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

26 require good cause showing), and a specific showing of good cause or compelling

27 reasons with proper evidentiary support and legal justification, must be made with

1 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—

2 without the submission of competent evidence by declaration, establishing that the

3 material sought to be filed under seal qualifies as confidential, privileged, or

4 otherwise protectable—constitute good cause.

5 Further, if a party requests sealing related to a dispositive motion or trial, then

6 compelling reasons, not only good cause, for the sealing must be shown, and the

7 relief sought shall be narrowly tailored to serve the specific interest to be protected.

8 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For

9 each item or type of information, document, or thing sought to be filed or introduced

10 under seal in connection with a dispositive motion or trial, the party seeking

11 protection must articulate compelling reasons, supported by specific facts and legal

12 justification, for the requested sealing order. Again, competent evidence supporting

13 the application to file documents under seal must be provided by declaration. Any

14 document that is not confidential, privileged, or otherwise protectable in its entirety

15 will not be filed under seal if the confidential portions can be redacted. If

16 documents can be redacted, then a redacted version for public viewing, omitting

17 only the confidential, privileged, or otherwise protectable portions of the document,

18 shall be filed. Any application that seeks to file documents under seal in their

19 entirety should include an explanation of why redaction is not feasible.

20 2. DEFINITIONS

21 2.1 Action: The instant action: Phyllis Stuckey v. Lowe’s Home Centers,

22 LLC, Case No: 2:20-cv-07714-JWH-AFM.

23 2.2 Challenging Party: a Party or Non-Party that challenges the

24 designation of information or items under this Order.

25 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

26 how it is generated, stored or maintained) or tangible things that qualify for

27 protection under Federal Rule of Civil Procedure 26(c), and as specified above in

1 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

2 their support staff).

3 2.5 Designating Party: a Party or Non-Party that designates information or

4 items that it produces in disclosures or in responses to discovery as

5 “CONFIDENTIAL.”

6 2.6 Disclosure or Discovery Material: all items or information, regardless

7 of the medium or manner in which it is generated, stored, or maintained (including,

8 among other things, testimony, transcripts, and tangible things), that are produced or

9 generated in disclosures or responses to discovery in this matter.

10 2.7 Expert: a person with specialized knowledge or experience in a matter

11 pertinent to the litigation who has been retained by a Party or its counsel to serve as

12 an expert witness or as a consultant in this Action.

13 2.8 House Counsel: attorneys who are employees of a party to this Action.

14 House Counsel does not include Outside Counsel of Record or any other outside

15 counsel.

16 2.9 Non-Party: any natural person, partnership, corporation, association, or

17 other legal entity not named as a Party to this action.

18 2.10 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 a law firm

21 which has appeared on behalf of that party, and includes support staff.

22 2.11 Party: any party to this Action, including all of its officers, directors,

23 employees, consultants, retained experts, and Outside Counsel of Record (and their

24 support staffs).

25 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

26 Discovery Material in this Action.

27 2.13 Professional Vendors: persons or entities that provide litigation

1 demonstrations, and organizing, storing, or retrieving data in any form or medium)

2 and their employees and subcontractors.

3 2.14 Protected Material: any Disclosure or Discovery Material that is

4 designated as “CONFIDENTIAL.”

5 2.15 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.

13 Any use of Protected Material at trial shall be governed by the orders of the

14 trial judge. This Order does not govern the use of Protected Material at trial.

15 4. DURATION

16 Once a case proceeds to trial, information that was designated as

17 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

18 as an exhibit at trial becomes public and will be presumptively available to all

19 members of the public, including the press, unless compelling reasons supported by

20 specific factual findings to proceed otherwise are made to the trial judge in advance

21 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

22 showing for sealing documents produced in discovery from “compelling reasons”

23 standard when merits-related documents are part of court record). Accordingly, the

24 terms of this protective order do not extend beyond the commencement of the trial.

25 5. DESIGNATING PROTECTED MATERIAL

26 5.1 Exercise of Restraint and Care in Designating Material for Protection.

27 Each Party or Non-Party that designates information or items for protection under

1 qualifies under the appropriate standards. The Designating Party must designate for

2 protection only those parts of material, documents, items or oral or written

3 communications that qualify so that other portions of the material, documents, items

4 or communications for which protection is not warranted are not swept unjustifiably

5 within the ambit of this Order.

6 Mass, indiscriminate or routinized designations are prohibited. Designations

7 that are shown to be clearly unjustified or that have been made for an improper

8 purpose (e.g., to unnecessarily encumber the case development process or to impose

9 unnecessary expenses and burdens on other parties) may expose the Designating

10 Party to sanctions.

11 If it comes to a Designating Party’s attention that information or items that it

12 designated for protection do not qualify for protection, that Designating Party must

13 promptly notify all other Parties that it is withdrawing the inapplicable designation.

14 5.2 Manner and Timing of Designations. Except as otherwise provided in

15 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

16 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

17 under this Order must be clearly so designated before the material is disclosed or

18 produced.

19 Designation in conformity with this Order requires:

20 (a) for information in documentary form (e.g., paper or electronic

21 documents, but excluding transcripts of depositions or other pretrial or trial

22 proceedings), that the Producing Party affix at a minimum, the legend

23 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

24 contains protected material. If only a portion of the material on a page qualifies for

25 protection, the Producing Party also must clearly identify the protected portion(s)

26 (e.g., by making appropriate markings in the margins). A Party or Non-Party that

27 makes original documents available for inspection need not designate them for

1 like copied and produced. During the inspection and before the designation, all of

2 the material made available for inspection shall be deemed “CONFIDENTIAL.”

3 After the inspecting Party has identified the documents it wants copied and

4 produced, the Producing Party must determine which documents, or portions

5 thereof, qualify for protection under this Order. Then, before producing the

6 specified documents, the Producing Party must affix the “CONFIDENTIAL legend”

7 to each page that contains Protected Material. If only a portion of the material on a

8 page qualifies for protection, the Producing Party also must clearly identify the

9 protected portion(s) (e.g., by making appropriate markings in the margins).

10 (b) for testimony given in depositions that the Designating Party

11 identifies the Disclosure or Discovery Material on the record, before the close of the

12 deposition all protected testimony.

13 (c) for information produced in some form other than documentary and

14 for any other tangible items, that the Producing Party affix in a prominent place on

15 the exterior of the container or containers in which the information is stored the

16 legend “CONFIDENTIAL.” If only a portion or portions of the information

17 warrants protection, the Producing Party, to the extent practicable, shall identify the

18 protected portion(s).

19 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

20 failure to designate qualified information or items does not, standing alone, waive

21 the Designating Party’s right to secure protection under this Order for such material.

22 Upon timely correction of a designation, the Receiving Party must make reasonable

23 efforts to assure that the material is treated in accordance with the provisions of this

24 Order.

25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

26 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

27 designation of confidentiality at any time that is consistent with the Court’s

1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

2 resolution process under Local Rule 37-1 et seq.

3 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a

4 joint stipulation pursuant to Local Rule 37-2.

5 6.3 The burden of persuasion in any such challenge proceeding shall be on

6 the Designating Party. Frivolous challenges, and those made for an improper

7 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

8 parties) may expose the Challenging Party to sanctions. Unless the Designating

9 Party has waived or withdrawn the confidentiality designation, all parties shall

10 continue to afford the material in question the level of protection to which it is

11 entitled under the Producing Party’s designation until the Court rules on the

12 challenge.

13 7. ACCESS TO AND USE OF PROTECTED MATERIAL

14 7.1 Basic Principles. A Receiving Party may use Protected Material that is

15 disclosed or produced by another Party or by a Non-Party in connection with this

16 Action only for prosecuting, defending or attempting to settle this Action. Such

17 Protected Material may be disclosed only to the categories of persons and under the

18 conditions described in this Order. When the Action has been terminated, a

19 Receiving Party must comply with the provisions of section 13 below (FINAL

20 DISPOSITION). Protected Material must be stored and maintained by a Receiving

21 Party at a location and in a secure manner that ensures that access is limited to the

22 persons authorized under this Order.

23 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

24 otherwise ordered by the court or permitted in writing by the Designating Party, a

25 Receiving Party may disclose any information or item designated

26 “CONFIDENTIAL” only to:

27 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well

1 to disclose the information for this Action;

2 (b) the officers, directors, and employees (including House Counsel) of the

3 Receiving Party to whom disclosure is reasonably necessary for this Action;

4 (c) Experts (as defined in this Order) of the Receiving Party to whom

5 disclosure is reasonably necessary for this Action and who have signed the

6 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

7 (d) the court and its personnel;

8 (e) court reporters and their staff;

9 (f) professional jury or trial consultants, mock jurors, and Professional

10 Vendors to whom disclosure is reasonably necessary for this Action and who have

11 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

12 (g) the author or recipient of a document containing the information or a

13 custodian or other person who otherwise possessed or knew the information;

14 (h) during their depositions, witnesses, and attorneys for witnesses, in the

15 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

16 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

17 not be permitted to keep any confidential information unless they sign the

18 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

19 agreed by the Designating Party or ordered by the court. Pages of transcribed

20 deposition testimony or exhibits to depositions that reveal Protected Material may

21 be separately bound by the court reporter and may not be disclosed to anyone except

22 as permitted under this Stipulated Protective Order; and

23 (i) any mediator or settlement officer, and their supporting personnel,

24 mutually agreed upon by any of the parties engaged in settlement discussions.

25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

26 OTHER LITIGATION

27 If a Party is served with a subpoena or a court order issued in other litigation

1 “CONFIDENTIAL,” that Party must:

2 (a) promptly notify in writing the Designating Party. Such notification shall

3 include a copy of the subpoena or court order;

4 (b) promptly notify in writing the party who caused the subpoena or order to

5 issue in the other litigation that some or all of the material covered by the subpoena

6 or order is subject to this Protective Order. Such notification shall include a copy of

7 this Stipulated Protective Order; and

8 (c) cooperate with respect to all reasonable procedures sought to be pursued

9 by the Designating Party whose Protected Material may be affected. If the

10 Designating Party timely seeks a protective order, the Party served with the

11 subpoena or court order shall not produce any information designated in this action

12 as “CONFIDENTIAL” before a determination by the court from which the

13 subpoena or order issued, unless the Party has obtained the Designating Party’s

14 permission. The Designating Party shall bear the burden and expense of seeking

15 protection in that court of its confidential material and nothing in these provisions

16 should be construed as authorizing or encouraging a Receiving Party in this Action

17 to disobey a lawful directive from another court.

18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

19 PRODUCED IN THIS LITIGATION

20 (a) The terms of this Order are applicable to information produced by a

21 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

22 produced by Non-Parties in connection with this litigation is protected by the

23 remedies and relief provided by this Order. Nothing in these provisions should be

24 construed as prohibiting a Non-Party from seeking additional protections.

25 (b) In the event that a Party is required, by a valid discovery request, to

26 produce a Non-Party’s confidential information in its possession, and the Party is

27 subject to an agreement with the Non-Party not to produce the Non-Party’s

1 (1) promptly notify in writing the Requesting Party and the Non-

2 Party that some or all of the information requested is subject to a confidentiality

3 agreement with a Non-Party;

4 (2) promptly provide the Non-Party with a copy of the

5 Stipulated Protective Order in this Action, the relevant discovery request(s), and a

6 reasonably specific description of the information requested; and

7 (3) make the information requested available for inspection by

8 the Non-Party, if requested.

9 (c) If the Non-Party fails to seek a protective order from this court

10 within 14 days of receiving the notice and accompanying information, the Receiving

11 Party may produce the Non-Party’s confidential information responsive to the

12 discovery request. If the Non-Party timely seeks a protective order, the Receiving

13 Party shall not produce any information in its possession or control that is subject to

14 the confidentiality agreement with the Non-Party before a determination by the

15 court. Absent a court order to the contrary, the Non-Party shall bear the burden and

16 expense of seeking protection in this court of its Protected Material.

17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

19 Protected Material to any person or in any circumstance not authorized under this

20 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

21 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

22 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

23 persons to whom unauthorized disclosures were made of all the terms of this Order,

24 and (d) request such person or persons to execute the “Acknowledgment and

25 Agreement to Be Bound” that is attached hereto as Exhibit A.

26 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

27 PROTECTED MATERIAL

1 inadvertently produced material is subject to a claim of privilege or other protection,

2 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

3 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

4 may be established in an e-discovery order that provides for production without prior

5 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

6 parties reach an agreement on the effect of disclosure of a communication or

7 information covered by the attorney-client privilege or work product protection, the

8 parties may incorporate their agreement in the stipulated protective order submitted

9 to the court.

10 12. MISCELLANEOUS

11 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

12 person to seek its modification by the Court in the future.

13 12.2 Right to Assert Other Objections. By stipulating to the entry of this

14 Protective Order, no Party waives any right it otherwise would have to object to

15 disclosing or producing any information or item on any ground not addressed in this

16 Stipulated Protective Order. Similarly, no Party waives any right to object on any

17 ground to use in evidence of any of the material covered by this Protective Order.

18 12.3 Filing Protected Material. A Party that seeks to file under seal any

19 Protected Material must comply with Local Civil Rule 79-5. Protected Material

20 may only be filed under seal pursuant to a court order authorizing the sealing of the

21 specific Protected Material at issue. If a Party’s request to file Protected Material

22 under seal is denied by the court, then the Receiving Party may file the information

23 in the public record unless otherwise instructed by the court.

24 13. FINAL DISPOSITION

25 After the final disposition of this Action, as defined in paragraph 4, within 60

26 days of a written request by the Designating Party, each Receiving Party must return

27 all Protected Material to the Producing Party or destroy such material. As used in

1 || summaries, and any other format reproducing or capturing any of the Protected

2 || Material. Whether the Protected Material is returned or destroyed, the Receiving

3 || Party must 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) identifies

5 || (by category, where appropriate) all the Protected Material that was returned or

6 || destroyed and (2) affirms that the Receiving Party has not retained any copies,

7 || abstracts, compilations, summaries or any other format reproducing or capturing any

8 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to

9 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

10 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

11 || reports, attorney work product, and consultant and expert work product, even if such

12 || materials contain Protected Material. Any such archival copies that contain or

13 || constitute Protected Material remain subject to this Protective Order as set forth in

14 || Section 4 (DURATION)

15 || 14. VIOLATION

16 || Any violation of this Order may be punished by appropriate measures including,

17 || without limitation, contempt proceedings and/or monetary sanctions.

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19 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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21 || DATED: 6/1/2021

22 .

23 (Wy

24

ERR NON

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

4 I, ___________________________________________ [print or type full name], of

5 _____________________________________________________ [print or type full

6 address], declare under penalty of perjury that I have read in its entirety and

7 understand the Stipulated Protective Order that was issued by the United States

8 District Court for the Central District of California on __________ [date] in the case

9 of Phyllis Stuckey v. Lowe’s Home Centers, LLC, Case No. 2:20-cv-07714-JWH-

10 AFM. I agree to comply with and to be bound by all the terms of this Stipulated

11 Protective Order and I understand and acknowledge that failure to so comply could

12 expose me to sanctions and punishment in the nature of contempt. I solemnly

13 promise that I will not disclose in any manner any information or item that is subject

14 to this Stipulated Protective Order to any person or entity except in strict compliance

15 with the provisions of this Order. I further agree to submit to the jurisdiction of the

16 United States District Court for the Central District of California for enforcing the

17 terms of this Stipulated Protective Order, even if such enforcement proceedings

18 occur after termination of this action. I hereby appoint _______________________

19 [print or type full name] of _______________________________________ [print

20 or type full address and telephone number] as my California agent for service of

21 process in connection with this action or any proceedings related to enforcement of

22 this Stipulated Protective Order.

23 Date: ______________________________________

24 City and State where sworn and signed: _________________________________

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26 Printed name: _______________________________

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PROOF OF SERVICE

1

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

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1. At the time of service, I was at least 18 years of age and not a party to this

3 legal action.

4 2. My business address is 15250 Ventura Boulevard, Ninth Floor, Sherman

Oaks, CA 91403.

5

3. [PROPOSED] PROTECTIVE ORDER

6

4. I served the documents listed above in item 3 on the following persons at the

7 addresses listed:

8 Steven J. Cooper, Esq. Attorneys for Plaintiff, PHYLLIS

LAW OFFICES OF STEVEN J. STUCKEY

9 COOPER

21515 Hawthorne Boulevard

10 Suite 980

Torrance, CA 90503

11 Tel: (310) 316-1899; (310) 540-8142 –

Fax

12 sco2059339@aol.com

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5. a. X ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the

14 document(s) to the persons at the e-mail address(es) listed during the

Coronavirus (Covid-19) pandemic and pursuant to Local Rule 135 and

15

Fed.R.Civ.P.Rule 5., this office will be working remotely, not able to

16 send physical mail as usual, and is therefore using only electronic mails.

No electronic message or other indication that the transmission was

17

unsuccessful was received within a reasonable time after the

18 transmission.

19 I am a resident or employed in the county where the mailing occurred.

The envelope or package was placed in the mail at Sherman Oaks,

20 California.

21 6. I served the documents by the means described in item 5 on (date): June 1,

2021

22

I declare under penalty of perjury under the laws of the State of California that the

23 foregoing is true and correct.

24 6/1/2021 Bertha Muñoz

DATE (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

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I:\31000-000\31574\Discovery\Protective Order\Version 2\[Proposed] Protective Order.docx

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