The opinion
1 EXCELSIS LAW, P.C.
C. Genevieve Jenkins, SBN 271128
2 cgjenkins@excelsislaw.com
Zainah Alfi, SBN 304164
3 zalfi@excelsislaw.com
1901 Avenue of the Stars, 2nd Floor
4 Los Angeles, CA 90067
Telephone: 213.340.0300
5 Facsimile: 213.340.0200
6 Attorneys for Plaintiff BRYON TOMMERAASON
7
BAKER & HOSTETLER LLP BAKER & HOSTETLER LLP
8 Amy E. Beverlin, SBN 284745 Eric L. Barnum, SBN 176064
abeverlin@bakerlaw.com ebarnum@bakerlaw.com
9 11601 Wilshire Boulevard, Suite 1400 1170 Peachtree Street NE, Suite 2400
Los Angeles, CA 90025-0509 Atlanta, GA 30309-7676
10 Telephone: 310.820.8800 Telephone: 404.946.9780
F acsimile: 310.820.8859 Facsimile: 404.459.5734
11
Attorneys for Defendant SIEMENS MOBILITY, INC.
12
13 UNITED STATES DISTRICT COURT
14 EASTERN DISTRICT OF CALIFORNIA
15 BRYON TOMMERAASON, an individual, No. 2:22-cv-0344 MCE DB
16 STIPULATED PROTECTIVE ORDER
Plaintiff,
17
vs.
18
19 SIEMENS MOBILITY, INC., a Delaware
corporation; and DOES 1 through 10, inclusive,
20
Defendants.
21
22
23
24
25
26
27
1 1. PRELIMINARY MATTERS
2 A. PURPOSES AND LIMITATIONS
3 Disclosure and discovery in this action is likely to involve production of confidential,
4 proprietary, or private information for which special protection from public disclosure and from use
5 for any purpose other than prosecuting or defending this litigation may be warranted. Accordingly,
6 the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective
7 Order (the “Protective Order” or “Order”). This Order does not confer blanket protections on all
8 disclosures or responses to discovery. The protection it affords from public disclosure and use
9 extends only to the limited information or items that are entitled to confidential treatment under the
10 applicable legal principles. Further, as set forth in Section 12.3, below, this Protective Order does
11 not entitle the parties to file confidential information under seal. Rather, when the parties seek
12 permission from the court to file material under seal, the parties must comply with L.R. 141 and
13 141.1 and with any pertinent orders of the assigned District Judge and Magistrate Judge.
14 B. GOOD CAUSE STATEMENT
15 In light of the nature of the claims and allegations in this case and the parties’ representations
16 that discovery in this case will involve the production of confidential commercial and/or private
17 medical records, and in order to expedite the flow of information, to facilitate the prompt resolution
18 of disputes over confidentiality of discovery materials, to adequately protect information the parties
19 are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of
20 such material in connection with this action, to address their handling of such material at the end of
21 the litigation, and to serve the ends of justice, a protective order for such information is justified in
22 this matter. The parties shall not designate any information/documents as confidential without a
23 good faith belief that such information/documents have been maintained in a confidential, non-public
24 manner, and that there is good cause or a compelling reason why it should not be part of the public
25 record of this case.
26 2. DEFINITIONS
27 2.1 Action: The instant action: Bryon Tommeraason v. Siemens Mobility, Inc., Case
28 No. 2:22-cv-00344-MCE-DB.
1 2.2 Challenging Party: a Party or Non-Party that challenges the designation of
2 information or items under this Order.
3 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is
4 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of
5 Civil Procedure 26(c), and as specified above in the Good Cause Statement.
6 2.4 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” Information or Items:
7 extremely sensitive “CONFIDENTIAL” Information or Items, the disclosure of which to another
8 Party or Non-Party would create a substantial risk of serious harm that could not be avoided by less
9 restrictive means.
10 2.5 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well
11 as their support staff).
12 2.6 Designating Party: a Party or Non-Party that designates information or items that it
13 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY
14 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
15 2.7 Disclosure or Discovery Material: all items or information, regardless of the medium
16 or manner in which it is generated, stored, or maintained (including, among other things, testimony,
17 transcripts, and tangible things), that are produced or generated in disclosures or responses to
18 discovery in this matter.
19 2.8 Expert: a person with specialized knowledge or experience in a matter pertinent to
20 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
21 consultant in this Action.
22 2.9 House Counsel: attorneys who are employees of a party to this Action. House
23 Counsel does not include Outside Counsel of Record or any other outside counsel.
24 2.10 Non-Party: any natural person, partnership, corporation, association, or other legal
25 entity not named as a Party to this action.
26 2.11 Outside Counsel of Record: attorneys who are not employees of a party to this Action
27 but are retained to represent or advise a party to this Action and have appeared in this Action on
28 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party, and
1 includes support staff.
2 2.12 Party: any party to this Action, including all of its officers, directors, employees,
3 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
4 2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
5 Material in this Action.
6 2.14 Professional Vendors: persons or entities that provide litigation support services (e.g.,
7 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,
8 storing, or retrieving data in any form or medium) and their employees and subcontractors.
9 2.15 Protected Material: any Disclosure or Discovery Material that is designated as
10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.”
11 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material from a
12 Producing Party.
13 3. SCOPE
14 The protections conferred by this Order cover not only Protected Material (as defined above),
15 but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts,
16 summaries, or compilations of Protected Material; and (3) any deposition testimony, conversations,
17 or presentations by Parties or their Counsel that might reveal Protected Material, other than during a
18 court hearing or at trial. Any use of Protected Material during a court hearing or at trial shall be
19 governed by the orders of the presiding judge. This Order does not govern the use of Protected
20 Material during a court hearing or at trial.
21 4. DURATION
22 Even after final disposition of this litigation, the confidentiality obligations imposed by this
23 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
24 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and
25 defenses in this Action, with or without prejudice; and (2) final judgment herein after the completion
26 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, including the
27 time limits for filing any motions or applications for extension of time pursuant to applicable law.
28 ///
1 5. DESIGNATING PROTECTED MATERIAL
2 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or
3 Non-Party that designates information or items for protection under this Order must take care to limit
4 any such designation to specific material that qualifies under the appropriate standards. The
5 Designating Party must designate for protection only those parts of material, documents, items, or
6 oral or written communications that qualify so that other portions of the material, documents, items,
7 or communications for which protection is not warranted are not swept unjustifiably within the ambit
8 of this Order.
9 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown
10 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily
11 encumber the case development process or to impose unnecessary expenses and burdens on other
12 parties) may expose the Designating Party to sanctions.
13 If it comes to a Designating Party’s attention that information or items that it designated for
14 protection do not qualify for protection, that Designating Party must promptly notify all other Parties
15 that it is withdrawing the inapplicable designation.
16 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see,
17 e.g., second paragraph of Section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or
18 Discovery Material that qualifies for protection under this Order must be clearly so designated before
19 the material is disclosed or produced.
20 Designation in conformity with this Order requires:
21 (a) for information in documentary form (e.g., paper or electronic documents, but
22 excluding transcripts of depositions), that the Producing Party affix at a minimum, the legend
23 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page
24 that contains protected material. If only a portion or portions of the material on a page qualifies for
25 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making
26 appropriate markings in the margins).
27 A Party or Non-Party that makes original documents available for inspection need not
28 designate them for protection until after the inspecting Party has indicated which documents it would
1 like copied and produced. During the inspection and before the designation, all of the material made
2 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
3 identified the documents it wants copied and produced, the Producing Party must determine which
4 documents, or portions thereof, qualify for protection under this Order. Then, before producing the
5 specified documents, the Producing Party must affix the “CONFIDENTIAL”, or “HIGHLY
6 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to each page that contains Protected
7 Material. If only a portion or portions of the material on a page qualifies for protection, the Producing
8 Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the
9 margins).
10 Any/all records received in response to subpoenas to medical providers shall be considered
11 “CONFIDENTIAL.” Parties agree to meet and confer regarding documents likely to be responsive
12 to any other subpoenas to third parties, in advance of receipt of documents, to determine whether
13 such documents should be comprehensively considered “CONFIDENTIAL” or “HIGHLY
14 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
15 (b) for testimony given in depositions or in other pretrial or trial proceedings, that
16 the Designating Party identifies on the record, before the close of the deposition, hearing, or other
17 proceeding, all protected testimony and further specify any portions of the testimony that qualify as
18 “CONFIDENTIAL”, or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” When it is
19 impractical to identify separately each portion of testimony that is entitled to protection and it appears
20 that substantial portions of the testimony may qualify for protection, the Designating Party may
21 invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right to
22 have up to 60 days after receiving a prepared transcript thereof to identify the specific portions of the
23 testimony as to which protection is sought and to specify the level of protection being asserted
24 (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”). Only those
25 portions of the testimony that are appropriately designated for protection within the 60 days shall be
26 covered by the provisions of this Stipulated Protective Order. Alternatively, a Designating Party may
27 specify, at the deposition or up to 60 days afterwards, that the entire transcript shall be treated as
28 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
1 Parties shall give the other parties notice if they reasonably expect a deposition, hearing or
2 other proceeding to include Protected Material so that the other parties can ensure that only
3 authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound”
4 (Exhibit A) are present at those proceedings. The use of a document as an exhibit at a deposition
5 shall not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
6 – ATTORNEYS’ EYES ONLY.”
7 Transcripts containing Protected Material shall have an obvious legend on the title page that
8 the transcript contains Protected Material, and the title page shall be followed by a list of all pages
9 (including line numbers as appropriate) that have been designated as Protected Material and the level
10 of protection being asserted by the Designating Party. The Designating Party shall inform the court
11 reporter of these requirements. Any transcript that is prepared before the expiration of a period for
12 designation set forth in this Protective Order shall be treated during that period as if it had been
13 designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless
14 otherwise agreed. After the expiration of that period, the transcript shall be treated only as actually
15 designated.
16 (c) for information produced in some form other than documentary and for any other
17 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or
18 containers in which the information is stored the legend “CONFIDENTIAL” or “HIGHLY
19 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions of the information
20 warrants protection, the Producing Party, to the extent practicable, shall identify the protected
21 portion(s) and specify the level of protection being asserted.
22 5.3 Inadvertent Failures to Designate. The inadvertent production by any of the
23 undersigned Parties, or any Non-Party, to this Action of any document, testimony, or information
24 during discovery without a “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
25 EYES ONLY” designation shall be without prejudice to any claim that such item is
26 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and such
27 party shall not be held to have waived any rights by such inadvertent production. In the event that
28 any document, testimony or information that is subject to a “CONFIDENTIAL” or “HIGHLY
1 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation is inadvertently produced without
2 such designation, the Party that inadvertently produced the document shall give written notice of
3 such inadvertent production within twenty (20) days of discovery of the inadvertent production,
4 together with a further copy of the subject document, testimony or information designated as
5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (the
6 “Inadvertent Production Notice”). Upon receipt of such Inadvertent Production Notice, the Party that
7 received the inadvertently produced document, testimony or information shall promptly destroy the
8 inadvertently produced document, testimony or information and all copies thereof, or, at the expense
9 of the producing Party, return such together with all copies of such document, testimony or
10 information to counsel for the producing Party and shall retain only the “CONFIDENTIAL” or
11 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designated Materials. Should the
12 receiving Party choose to destroy such inadvertently produced document, testimony or information,
13 the receiving Party shall notify the producing Party in writing of such destruction within ten (10)
14 days of receipt of written notice of the inadvertent production. This provision is not intended to apply
15 to any inadvertent production of any Information protected by attorney-client or work product
16 privileges. In the event that this provision conflicts with any applicable law regarding waiver of
17 confidentiality through the inadvertent production of documents, testimony or information, such law
18 shall govern.
19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
21 confidentiality at any time that is consistent with the Court’s Scheduling Order.
22 6.2 Procedure. In the event that counsel for a Party receiving documents, testimony or
23 information in discovery designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
24 ATTORNEYS’ EYES ONLY” objects to such designation with respect to any or all of such items,
25 said counsel shall advise counsel for the Designating Party, in writing, of such objections, the specific
26 documents, testimony or information to which each objection pertains, and the specific reasons and
27 support for such objections (the “Designation Objections”).
28 Counsel for the Designating Party and for the Receiving Party shall have thirty (30) days
1 from Designating Party’s receipt of the written Designation Objections to meet and confer regarding
2 the same to attempt in good faith to reach an informal resolution. For any Designation Objections
3 that the Designating Party does not agree in writing to de-designate documents, testimony or
4 information by the end of that 30-day period, then the Receiving Party will have an additional 15
5 days to file a motion with the Court seeking to have it resolve any such remaining Designation
6 Objections that the Receiving Party continues to assert (the “Designation Motion”).
7 Pending a resolution of the Designation Motion by the Court, any and all existing
8 designations on the documents, testimony or information at issue in such Motion shall remain in
9 place. The Designating Party shall have the burden of persuasion on any Designation Motion of
10 establishing the applicability of its “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
11 ATTORNEYS’ EYES ONLY” designation. Frivolous challenges, and those made for an improper
12 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose
13 the Receiving Party to sanctions.
14 In the event that the Designation Objections are neither timely resolved by informal
15 agreement nor timely addressed through the filing of a Designation Motion, then such documents,
16 testimony or information shall remain Protected Material. The Designating Party and Receiving
17 Party may agree in writing to extend the time periods set forth above, subject to any applicable
18 deadlines set by the Court. No party shall be obligated to challenge the propriety of any designation
19 when made, and failure to do so shall not preclude a subsequent challenge to the propriety of such
20 designation
21 7. ACCESS TO AND USE OF PROTECTED MATERIAL
22 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
23 produced by another Party or by a Non-Party only in connection with this Action and then only for
24 prosecuting, defending, or attempting to settle this Action and not for any business or other purpose
25 whatsoever. Such Protected Material may be disclosed only to the categories of persons and under
26 the conditions described in this Order. When the Action has been terminated, a Receiving Party must
27 comply with the provisions of Section 13 (FINAL DISPOSITION) below.
28 Protected Material must be stored and maintained by a Receiving Party at a location and in a
1 secure manner that ensures that access is limited to the persons authorized under this Order.
2 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
3 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
4 information or item designated “CONFIDENTIAL” only to:
5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
6 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
7 information for this Action;
8 (b) the officers, directors, and employees (including House Counsel) of the Receiving
9 Party to whom disclosure is reasonably necessary for this Action;
10 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
11 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to
12 Be Bound” (Exhibit A);
13 (d) the Court and its personnel;
14 (e) private court reporters and their staff, professional jury or trial consultants, mock
15 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this Action and who
16 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
17 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to
18 whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment
19 and Agreement to Be Bound” (Exhibit A);
20 (g) the author or recipient of a document containing the information or a custodian
21 or other person who otherwise possessed or knew the information;
22 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to
23 whom disclosure is reasonably necessary provided: (1) the deposing party requests that the witness
24 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (2) they will not be
25 permitted to keep any confidential information unless they sign the “Acknowledgment and
26 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered
27 by the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal
28 Protected Material may be separately bound by the court reporter and may not be disclosed to anyone
1 except as permitted under this Protective Order; and
2 (i) any mediator or settlement officer, and their supporting personnel, mutually
3 agreed upon by any of the parties engaged in settlement discussions.
4 7.3 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”
5 Information or Items. Unless otherwise ordered by the court or permitted in writing by the
6 Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY
7 CONFIDENTIAL” only to:
8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
9 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
10 information for this Action;
11 (b) House Counsel of the Receiving Party to whom disclosure is reasonably necessary
12 for this Action;
13 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
14 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to
15 Be Bound” (Exhibit A);
16 (d) the Court and its personnel;
17 (e) private court reporters and their staff, professional jury or trial consultants, mock
18 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this Action and who
19 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
20 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to
21 whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment
22 and Agreement to Be Bound” (Exhibit A);
23 (g) the author or recipient of a document containing the information or a custodian
24 or other person who otherwise possessed or knew the information; and
25 (h) any mediator or settlement officer, and their supporting personnel, mutually
26 agreed upon by any of the parties engaged in settlement discussions.
27
28
1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
2 LITIGATION
3 If a Party is served with a subpoena or a court order issued in other litigation that compels
4 disclosure of any information or items designated in this Action as “CONFIDENTIAL” or “HIGHLY
5 CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that Party must:
6 (a) promptly notify in writing the Designating Party. Such notification shall include
7 a copy of the subpoena or court order unless prohibited by law;
8 (b) promptly notify in writing the party who caused the subpoena or order to issue in
9 the other litigation that some or all of the material covered by the subpoena or order is subject to this
10 Protective Order. Such notification shall include a copy of this Protective Order; and
11 (c) cooperate with respect to all reasonable procedures sought to be pursued by the
12 Designating Party whose Protected Material may be affected.
13 If the Designating Party timely seeks a protective order, the Party served with the subpoena
14 or court order shall not produce any information designated in this action as “CONFIDENTIAL” or
15 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by the court
16 from which the subpoena or order issued, unless the Party has obtained the Designating Party’s
17 permission, or unless otherwise required by law or court order. The Designating Party shall bear the
18 burden and expense of seeking protection from the court of its confidential material requested in a
19 subpoena or court order and nothing contained in these provisions should be construed as authorizing
20 or encouraging a Receiving Party in this action to disobey a lawful subpoena issued in another action.
21 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
22 THIS LITIGATION
23 (a) The terms of this Order are applicable to information produced by a Non-Party in this
24 Action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
25 EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is
26 protected by the remedies and relief provided by this Order. Nothing in these provisions should be
27 construed as prohibiting a Non-Party from seeking additional protections.
28 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-
1 Party’s confidential information in its possession, and the Party is subject to an agreement with the
2 Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
3 (1) promptly notify in writing the Requesting Party and the Non-Party that some or
4 all of the information requested is subject to a confidentiality agreement with a Non-Party;
5 (2) promptly provide the Non-Party with a copy of the Protective Order in this Action,
6 the relevant discovery request(s), and a reasonably specific description of the information requested;
7 and
8 (3) make the information requested available for inspection by the Non-Party, if
9 requested.
10 (c) If a Non-Party represented by counsel fails to commence the process called for by L.R.
11 251(b) and L.R. 141.1(b)(2) within 14 days of receiving the notice and accompanying information
12 or fails contemporaneously to notify the Receiving Party that it has done so, the Receiving Party may
13 produce the Non-Party’s confidential information responsive to the discovery request. If an
14 unrepresented Non-Party fails to seek a protective order from this court within 14 days of receiving
15 the notice and accompanying information, the Receiving Party may produce the Non-Party’s
16 confidential information responsive to the discovery request. If the Non-Party timely seeks a
17 protective order, the Receiving Party shall not produce any information in its possession or control
18 that is subject to the confidentiality agreement with the Non-Party before a determination by the
19 court unless otherwise required by the law or court order. Absent a court order to the contrary, the
20 Non-Party shall bear the burden and expense of seeking protection in this court of its Protected
21 Material.
22 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
23 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
24 Material to any person or in any circumstance not authorized under this Stipulated Protective Order,
25 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
26 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)
27 inform the person or persons to whom unauthorized disclosures were made of all the terms of this
28 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to
1 Be Bound” that is attached hereto as Exhibit A.
2 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
3 PROTECTED MATERIAL
4 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced
5 material is subject to a claim of privilege or other protection, the procedures set forth above in Section
6 5.3 shall govern in the same manner for such inadvertent productions as for inadvertent failures to
7 designate. This provision is not intended to modify whatever procedure may be established in an e-
8 discovery order that provides for production without prior privilege review. Insofar as the parties
9 reach any other agreement on the effect of disclosure of a communication or information covered by
10 the attorney-client privilege or work product protection, the parties may incorporate their agreement
11 into this Protective Order.
12 12. MISCELLANEOUS
13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek
14 its modification by the Court in the future.
15 12.2 Right to Assert Other Objections. No Party waives any right it otherwise would have
16 to object to disclosing or producing any information or item on any ground not addressed in this
17 Protective Order. Similarly, no Party waives any right to object on any ground to use in evidence of
18 any of the material covered by this Protective Order.
19 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material
20 must comply with L.R. 141 and with any pertinent orders of the assigned District Judge and
21 Magistrate Judge. Protected Material may only be filed under seal pursuant to a court order
22 authorizing the sealing of the specific Protected Material at issue. If a Party’s request to file Protected
23 Material under seal is denied by the court, then the Receiving Party may file the information in the
24 public record unless otherwise instructed by the court.
25 12.4 Violations. Any violation of this Stipulated Protective Order may be punished by any
26 and all appropriate measures including, without limitation, contempt proceedings and/or monetary
27 sanctions.
28 12.5 Jurisdiction to Enforce Protective Order. After the termination of this action, the
1 Court will continue to have jurisdiction to enforce this Protective Order.
2 13. FINAL DISPOSITION
3 Unless otherwise ordered or agreed in writing by the parties, within 60 days after the
4 termination of this action, as defined in Section 4 (DURATION), each destroy all Protected Material
5 or return it to the Producing Party. As used in this subdivision, “all Protected Material” includes all
6 copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the
7 Protected Material. Notwithstanding this provision, Party Counsel are entitled to retain an archival
8 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
9 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant
10 and expert work product, even if such materials contain Protected Material. Any such archival copies
11 that contain or constitute Protected Material remain subject to this Stipulated Protective Order as set
12 forth in Section 4 (DURATION).
13 14. After this Stipulated Protective Order has been signed by counsel for all Parties, it shall be
14 presented to the Court for entry.
15
16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
17
Dated: July 4, 2022 EXCELSIS LAW, P.C.
18
19 By: /s/ C. Genevieve Jenkins (as authorized on 7/4/2022)
C. Genevieve Jenkins, Esq.
20 Zainah Alfi, Esq.
21 Attorneys for Plaintiff
BRYON TOMMERAASON
22
23
Dated: July 6, 2022 BAKER & HOSTETLER LLP
24
By: /s/ Amy E. Beverlin ______
25 Eric L. Barnum
Amy E. Beverlin, Esq.
26
Attorneys for Defendant
27 SIEMENS MOBILITY, INC.
28
1 ORDER
2 Pursuant to the parties’ stipulation, IT IS SO ORDERED.
3 IT IS FURTHER ORDERED THAT:
4 1. Requests to seal documents shall be made by motion before the same judge who will
5 decide the matter related to that request to seal.
2. The designation of documents (including transcripts of testimony) as confidential
6
pursuant to this order does not automatically entitle the parties to file such a document with the
7
court under seal. Parties are advised that any request to seal documents in this district is governed
8
by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a
9
written order of the court after a specific request to seal has been made. L.R. 141(a). However, a
10
mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires
11
that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing,
12
the requested duration, the identity, by name or category, of persons to be permitted access to the
13
document, and all relevant information.” L.R. 141(b).
14
3. A request to seal material must normally meet the high threshold of showing that
15
“compelling reasons” support secrecy; however, where the material is, at most, “tangentially
16 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.”
17 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana
18 v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006).
19 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of
20 certain documents, at any court hearing or trial – such determinations will only be made by the
21 court at the hearing or trial, or upon an appropriate motion.
22 5. With respect to motions regarding any disputes concerning this protective order which
23 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local
24 Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex
parte basis or on shortened time.
25
6. The parties may not modify the terms of this Protective Order without the court’s
26
approval. If the parties agree to a potential modification, they shall submit a stipulation and
27
proposed order for the court’s consideration.
28
1 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement
2 of the terms of this Protective Order after the action is terminated.
3 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is
4 hereby DISAPPROVED.
5 DATED: July 20, 2022 /s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, _____________________________ [print or type full name], of ____________________
5 ______________________________ [print or type full address], declare under penalty of perjury
6 that I have read in its entirety and understand the Protective Order that was issued by the United
7 States District Court for the Eastern District of California in the case of Bryon Tommeraason v.
8 Siemens Mobility, Inc., Case No. 2:22-cv-00344-MCE-DB. I agree to comply with and to be bound
9 by all the terms of this Protective Order and I understand and acknowledge that failure to so comply
10 could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I
11 will not disclose in any manner any information or item that is subject to this Protective Order to any
12 person or entity except in strict compliance with the provisions of this Order.
13 I further agree to submit to the jurisdiction of the United States District Court for the Eastern
14 District of California for the purpose of enforcing the terms of this Protective Order, even if such
15 enforcement proceedings occur after termination of this action.
16
17 Date: ______________________________________
18
19 City and State where sworn and signed: _________________________________
20
21 Printed name: _______________________________
22
23 Signature: __________________________________
24
25
26
27
28