The opinion
1 QUILL & ARROW, LLP
KEVIN Y. JACOBSON (SBN 320532)
2 ALLEN AMARKARIAN (SBN 319117)
10900 Wilshire Boulevard, Suite 300
3 Los Angeles, California 90024
Telephone: (310) 933-4271
4 Facsimile: (310) 889-0645
E-mail: kjacobson@quillarrowlaw.com
5 E-mail: acohen@quillarrowlaw.com
E-mail: e-service@quillarrowlaw.com
6
Attorneys for Plaintiff
7 NAKITA L. LOVEJOY HARRIS
8 WILSON TURNER KOSMO LLP
ROBERT A. SHIELDS (206042)
9 PARADA K. ORNELAS (272724)
402 West Broadway, Suite 1600
10 San Diego, California 92101
Telephone: (619) 236-9600
11 Facsimile: (619) 236-9669
E-mail: rshields@wilsonturnerkosmo.com
12 E-mail: pkornelas@wilsonturnerkosmo.com
E-mail: warrantyeservice@wilsonturnerkosmo.com
13
Attorneys for Defendant
14 NISSAN NORTH AMERICA, INC.
15
UNITED STATES DISTRICT COURT
16
EASTERN DISTRICT OF CALIFORNIA
17
18
NAKITA L. LOVEJOY HARRIS, an Case No. 2:22-cv-02026-KJM-KJN
19 individual,
PROTECTIVE ORDER FOR
20 Plaintiff, DISCOVERY ONLY PURSUANT
TO RULE 141.1
21 v.
Complaint Filed: November 9, 2022
22 NISSAN NORTH AMERICA, INC., a
Delaware Corporation, District Judge: Kimberly J. Mueller
23 Courtroom: 3. 15th Floor
Defendants.
24 Magistrate: Kendall J. Newman
Courtroom: 25. 8th Floor
25
Trial Date: Not Set
26 ///
27 ///
28 ///
1
2 IT IS HEREBY STIPULATED by and between the Parties to, by and through
3 their respective counsel of record, that in order to facilitate the exchange of
4 information and documents which may be subject to confidentiality limitations on
5 disclosure due to federal laws, state laws, and privacy rights, the Parties stipulate as
6 follows:
7 1. In this Stipulation and Protective Order, the words set forth below shall
8 have the following meanings:
9 a. “Proceeding” means the above-entitled proceeding, case no.
10 2:22—CV-02026—KJM—KJN.
11 b. “Court” means the Hon. Kimberly J. Mueller or any other judge to
12 which this Proceeding may be assigned, including Court staff participating in such
13 proceedings.
14 c. “Confidential” means any Documents, Testimony, or Information
15 which is in the possession of a Designating Party who believes in good faith that such
16 Documents, Testimony, or Information is entitled to confidential treatment under
17 applicable law.
18 d. “Confidential Materials” shall mean trade secrets or other
19 confidential research, development, or commercially sensitive business information, the
20 disclosure of which would cause competitive harm, that is contained in Protected
21 Documents, and which have not been disclosed or made available to the public.
22 Confidential information may include, but is not limited to (1) engineering documents,
23 including design drawings and other technical engineering related specifications, (2)
24 test documents, analysis, and testing procedures; (3) manufacturing specifications and
25 procedures, including communications with and process documents pertaining to
26 Nissan’s suppliers and supplier relationships; (4) internal business or financial
27 information; (5) confidential customer information and personal identifying
28 information; and (6) any other similar proprietary, confidential, private information,
1 commercially sensitive business information, or competitive intelligence, including but
2 not limited to trade secrets.
3 e. “Customer” shall mean any person or entity that purchases or
4 otherwise comes to possess Defendant’s product.
5 f. “Designating Party” means the Party that designates Documents,
6 Testimony, or Information, as defined below, as “Confidential.”
7 g. “Disclose” or “Disclosed” or “Disclosure” means to reveal,
8 divulge, give, or make available Materials, or any part thereof, or any information
9 contained therein.
10 h. “Documents” means (i) any “Writing,” “Original,” and
11 “Duplicate” as those terms are defined by Fed. R. Evid. 1001, which have been
12 produced in discovery in this Proceeding by any person or entity, and (ii) any
13 copies, reproductions, or summaries of all or any part of the foregoing.
14 i. “Information” means the content of Documents or Testimony.
15 j. “Testimony” means all depositions, declarations or other
16 testimony taken or used in this Proceeding.
17 k. “Party” or “Parties” shall mean and include the parties to this
18 litigation.
19 l. “Protected Documents” shall mean documents and materials to be
20 produced in this litigation which contain Confidential Materials
21 2. This Order is intended to facilitate the Parties’ production of certain
22 information and documents as part of voluntary disclosure and in response to
23 discovery requests. Nothing in this Order is to be construed to expand or limit the
24 Parties’ discovery obligations. This Order covers the production and use of all
25 Protected Documents in this action that constitute, contain or disclose, in whole or in
26 part, information which the Designating Party designates as “Confidential.” This
27 Order is also intended to apply to any documents produced to the Parties by a non-
28 party in connection with a subpoena. Nothing in this Order will prevent counsel from
1 using Confidential Information in connection with any work product created by or on
2 behalf of that counsel for use in the Proceeding. Subject to the provisions herein, such
3 work product may be retained by the counsel creating it.
4 3. The entry of this Protective Order does not alter, waive, modify, or
5 abridge any right, privilege or protection otherwise available to any Party with respect
6 to the discovery of matters, including but not limited to any Party’s right to assert the
7 attorney-client privilege, the attorney work product doctrine, or other privileges, or
8 any Party’s right to contest any such assertion.
9 4. Any Documents, Testimony or Information to be designated as
10 “Confidential” must be clearly so designated, with the word “Confidential”, “Subject
11 to Protective Order” or have a substantially similar notice on the document before the
12 Document, Testimony or Information is Disclosed or produced. The parties may
13 agree that the case name and number are to be part of the “Confidential” designation.
14 The “Confidential” designation should not obscure or interfere with the legibility of
15 the designated Information.
16 a. For Documents (apart from transcripts of depositions or other
17 pretrial or trial proceedings), the Designating Party must affix the legend
18 “Confidential” or a substantially similar notice on each page of any Document
19 containing such designated material.
20 b. For Testimony given in depositions the Designating Party may
21 either:
22 i. identify on the record, before the close of the deposition, all
23 “Confidential” Testimony, by specifying all portions of the Testimony that qualify as
24 “Confidential;” or
25 ii. designate the entirety of the Testimony at the deposition as
26 “Confidential” (before the deposition is concluded) with the right to identify more
27 specific portions of the Testimony as to which protection is sought within 30 days
28 following receipt of the deposition transcript. In circumstances where portions of the
1 deposition Testimony are designated for protection, the transcript pages containing
2 “Confidential” Information may be separately bound by the court reporter, who must
3 affix to the top of each page the legend “Confidential,” as instructed by the
4 Designating Party. When Protected Documents or information obtained therefrom is
5 designated as “Confidential” in a deposition transcript, the counsel making the
6 designation shall instruct the reporter to imprint the legend “THIS TRANSCRIPT
7 CONTAINS CONFIDENTIAL INFORMATION” on the cover page of the transcript
8 and to include, at the front of the transcript, a page identifying all pages and lines
9 designated “CONFIDENTIAL” in the transcript.
10 c. To the extent that Protected Documents or information obtained
11 therefrom are used in the taking of depositions and/or used as exhibits at trial, such
12 documents or information shall remain subject to the provisions of this Order, along
13 with the transcript pages of the deposition testimony and/or trial testimony dealing
14 with the Protected Documents or information.
15 d. For Information produced in some form other than Documents,
16 and for any other tangible items, including, without limitation, compact discs or
17 DVDs, the Designating Party must affix in a prominent place on the exterior of the
18 container or containers in which the Information or item is stored the legend
19 “Confidential.” If only portions of the Information or item warrant protection, the
20 Designating Party, to the extent practicable, shall identify the “Confidential” portions.
21 5. The inadvertent production by any of the undersigned Parties or non-
22 Parties to the Proceedings of any Document, Testimony or Information during
23 discovery in this Proceeding without a “Confidential” designation, shall be without
24 prejudice to any claim that such item is “Confidential” and such Party shall not
25 be held to have waived any rights by such inadvertent production. In the event that
26 any Document, Testimony or Information that is subject to a “Confidential”
27 designation is inadvertently produced without such designation, the Party that
28 inadvertently produced the document shall give written notice of such inadvertent
1 production within twenty (20) days of discovery of the inadvertent production,
2 together with a further copy of the subject Document, Testimony or Information
3 designated as “Confidential” (the “Inadvertent Production Notice”). Upon receipt of
4 such Inadvertent Production Notice, the Party that received the inadvertently
5 produced Document, Testimony or Information shall promptly destroy the
6 inadvertently produced Document, Testimony or Information and all copies
7 thereof, or, at the expense of the producing Party, return such together with all
8 copies of such Document, Testimony or Information to counsel for the producing
9 Party and shall retain only the “Confidential” designated Materials. Should the
10 receiving Party choose to destroy such inadvertently produced Document,
11 Testimony or Information, the receiving Party shall notify the producing Party in
12 writing of such destruction within ten (10) days of receipt of written notice of the
13 inadvertent production. This provision is not intended to apply to any inadvertent
14 production of any Information protected by attorney-client or work product
15 privileges. In the event that this provision conflicts with any applicable law
16 regarding waiver of confidentiality through the inadvertent production of Documents,
17 Testimony or Information, such law shall govern.
18 6. The parties may disclose and produce responsive documents to each
19 other in this litigation and seek to do so without risking waiver of any attorney-client
20 privilege, work product or other applicable privilege or protection. As such, the
21 parties will adhere to the following procedures with regard to the production of
22 privileged or protected material, should that occur:
23 a. The production of documents (including both paper documents and
24
electronically stored information or “ESI”) subject to protection by
25
the attorney-client and/or work product doctrine or by another legal
26
27 privilege protecting information from discovery, shall not constitute a
28
1 producing party notifies the receiving party, in writing, of the
2
production after its discovery of the same.
3
b. If the producing party notifies the receiving party after discovery that
4
privileged materials (hereinafter referred to as the “Identified
5
Materials”) have been produced, the Identified Materials and all
6
copies of those materials shall be returned to the producing party or
7
destroyed or deleted, on request of the producing party. The
8
producing party will provide a privilege log providing information
9
upon request or if required by the applicable case law to the receiving
10
party at the time the producing party provides the receiving party
11
notice of the Identified Materials. If the receiving party has any notes
12
or other work product reflecting the contents of the Identified
13
Materials, the receiving party will not review or use those materials
14
unless a court later designates the Identified Materials as not
15
privileged or protected.
16
c. The Identified Materials shall be deleted from any systems used to
17
house the documents, including document review databases, e-rooms
18
and any other location that stores the documents. The receiving party
19
may make no use of the Identified Materials during any aspect of this
20
matter or any other matter, including in depositions or at trial, unless
21
the documents have been designated by a court as not privileged or
22
protected.
23
d. The contents of the Identified Materials shall not be disclosed to
24
anyone who was not already aware of the contents of them before the
25
notice was made. The receiving party must take reasonable steps to
26
retrieve the Identified Materials if the receiving party disclosed the
27
Identified Materials before being notified.
28
1 e. If any receiving party is in receipt of a document from a producing
2 party which the receiving party has reason to believe is privileged, the
3 receiving party shall in good faith take reasonable steps to promptly
4 notify the producing party of the production of that document so that
5 the producing party may make a determination of whether it wishes to
6 have the documents returned or destroyed pursuant to this Stipulation
7 and Order.
8 f. The party returning the Identified Materials may move the Court for
9 an order compelling production of some or all of the Identified
10 Material returned or destroyed, but the basis for such motion may not
11 be based on the fact or circumstances of the production.
12 g. The disclosure of Identified Materials in this action is not a waiver of
13 the attorney-client privilege, work product doctrine or any other
14 asserted privilege in any other federal or state proceeding, pursuant to
15 Code of Civil Procedure §§ 2018.010 et seq.
16 7. No provision of this stipulated order shall constitute a concession by any
17 party that any documents are subject to protection by the attorney-client privilege, the
18 work product doctrine or any other potentially applicable privilege or doctrine. No
19 provision of this stipulated order is intended to waive or limit in any way either
20 party’s right to contest any privilege claims that may be asserted with respect to any
21 of the documents produced except to the extent set forth herein.
22 8. In the event that counsel for a Party receiving Documents, Testimony or
23 Information in discovery designated as “Confidential” objects to such designation
24 with respect to any or all of such items, said counsel shall advise counsel for the
25 Designating Party, in writing, of such objections, the specific Documents (identified
26 by specific bates number), Testimony or Information to which each objection
27 pertains, and the specific reasons and support for such objections (the “Designation
28 Objections”). Counsel for the Designating Party shall have thirty (30) days from
1 receipt of the written Designation Objections to either (a) agree in writing to de-
2 designate Documents, Testimony or Information pursuant to any or all of the
3 Designation Objections and/or (b) file a motion with the Court seeking to uphold any
4 or all designations on Documents, Testimony or Information addressed by the
5 Designation Objections (the “Designation Motion”). Pending a resolution of the
6 Designation Motion by the Court, any and all existing designations on the
7 Documents, Testimony or Information at issue in such Motion shall remain in place.
8 The Designating Party shall have the burden on any Designation Motion of
9 establishing the applicability of its “Confidential” designation. In the event that the
10 Designation Objections are neither timely agreed to nor timely addressed in the
11 Designation Motion, then such Documents, Testimony or Information shall be de-
12 designated in accordance with the Designation Objection applicable to such material.
13 9. Any document or any information designated as “Subject to Protective
14 Order,” “Confidential,” or similar language in accordance with the provisions of this
15 Order shall only be used, shown, or disclosed as provided in this Order.
16 10. Access to and/or Disclosure of Confidential Materials designated as
17 “Confidential” shall be permitted only to the following persons or entities:
18 a. the Court and its personnel;
19 b. (1) Attorneys of record in the Proceedings and their affiliated
20 attorneys who are actively involved in the Proceedings and are not employees of any
21 Party. (2) In-house counsel to the undersigned Parties and the paralegal, clerical and
22 secretarial staff employed by such counsel. Provided, however, that each non-lawyer
23 given access to Confidential Materials shall be advised that such Materials are being
24 Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective
25 Order and that they may not be Disclosed other than pursuant to its terms and required
26 to execute Exhibit A agreeing to be bound by the terms of this protective order prior to
27 disclosure.
28 c. those attorneys of record and their affiliated attorneys, experts, and
1 agents of all non-designating Parties that counsel for such Parties deems necessary to
2 aid counsel in the prosecution and defense of this Proceeding; provided, however,
3 that prior to the Disclosure of Confidential Materials to any such attorney of record
4 and their affiliated attorneys, experts, and/or agents, counsel for the Party making the
5 Disclosure shall deliver a copy of this Stipulation and Protective Order to such
6 person, shall explain that such person is bound to follow the terms of such Order,
7 and shall secure the signature of such person on a statement in the form attached
8 hereto as Exhibit A;
9 d. court reporters or videographers in this Proceeding (whether at
10 depositions, hearings, or any other proceeding);
11 e. any deposition, trial or hearing witness in the Proceeding who
12 previously has had access to the Confidential Materials, or who is currently or was
13 previously an officer, director, partner, member, or employee of an entity that has had
14 access to the Confidential Materials, or who has been produced by the Designating
15 Party pursuant to Fed. R. Civ. P. 30 to testify regarding matters related to the
16 Confidential Materials.
17 f. litigation support consultants and vendors retained by the Parties to
18 provide litigation support services (e.g. photocopying, electronic discovery,
19 videotaping, translating, preparing exhibits or demonstrations, etc.), provided,
20 however, that prior to the Disclosure of Confidential Materials to any such consultant
21 or vendor, counsel for the Party making the Disclosure shall deliver a copy of this
22 Protective Order to such person, shall explain its terms to such person, and shall
23 secure the signature of such person on a statement in the form attached hereto as
24 Exhibit A;
25 g. outside experts or expert consultants consulted by the
26 undersigned Parties or their counsel in connection with the Proceeding (provided
27 that no disclosure shall be made to any expert or consultant who is currently employed
28 by an automobile manufacturer competitor of Nissan), whether or not retained to
1 testify at any oral hearing; provided, however, that prior to the Disclosure of
2 Confidential Materials to any such expert or expert consultant, counsel for the
3 Party making the Disclosure shall deliver a copy of this Stipulation and
4 Protective Order to such person, shall explain its terms to such person, and shall
5 secure the signature of such person on a statement in the form attached hereto as
6 Exhibit A. It shall be the obligation of counsel, upon learning of any breach or
7 threatened breach of this Stipulation and Protective Order by any such expert or
8 expert consultant, to promptly notify counsel for the Designating Party of such
9 breach or threatened breach; and
10 h. any other person or entity that the Designating Party agrees to in
11 writing.
12 11. Confidential Materials shall be used by the persons or entities receiving
13 them only for the purposes of preparing for, conducting, participating in the conduct
14 of, and/or prosecuting and/or defending the Proceeding, and not for any business or
15 other purpose whatsoever.
16 a. While the Parties may provide Confidential Materials in
17 accordance with the provisions of this Protective Order in an electronic form, such
18 documents may not be posted on any website or internet accessible document
19 repository that is accessible to anyone other than the persons noted in paragraph 8
20 above.
21 b. All persons described in Paragraph 8 above shall not under any
22 circumstance sell, offer for sale, advertise or publicize either the Confidential
23 Materials or the information contained therein or the fact that such persons have
24 obtained the Confidential Materials
25 c. All persons described in Paragraphs 8 above shall not have access
26 to Confidential Documents without having first read, acknowledged, and agreed to be
27 bound by this Order by executing the Agreement to be Bound attached as Exhibit A
28 (the “Agreement to Be Bound”).
1 12. Any Party to the Proceeding (or other person subject to the terms of this
2 Stipulation and Protective Order) may ask the Court, after appropriate notice to the
3 other Parties to the Proceeding, to modify or grant relief from any provision of this
4 Stipulation and Protective Order.
5 13. Entering into, agreeing to, and/or complying with the terms of this
6 Stipulation and Protective Order shall not:
7 a. operate as an admission by any person that any particular
8 Document, Testimony or Information marked “Confidential” contains or reflects trade
9 secrets, proprietary, confidential or competitively sensitive business, commercial,
10 financial or personal information; or
11 b. prejudice in any way the right of any Party (or any other person
12 subject to the terms of this Stipulation and Protective Order):
13 i. to seek a determination by the Court of whether any
14 particular Confidential Material should be subject to protection as “Confidential”
15 under the terms of this Stipulation and Protective Order; or
16 ii. to seek relief from the Court on appropriate notice to all
17 other Parties to the Proceeding from any provision(s) of this Stipulation and Protective
18 Order, either generally or as to any particular Document, Material or Information.
19 14. Any Party to the Proceeding who has not executed this Stipulation and
20 Protective Order as of the time it is presented to the Court for signature may thereafter
21 become a Party to this Stipulation and Protective Order by its counsel’s signing and
22 dating a copy thereof and filing the same with the Court, and serving copies of such
23 signed and dated copy upon the other Parties to this Stipulation and Protective Order.
24 15. Any Information that may be produced by a non-Party witness in
25 discovery in the Proceeding pursuant to subpoena or otherwise may be designated by
26 such non-Party as “Confidential” under the terms of this Stipulation and Protective
27 Order, and any such designation by a non-Party shall have the same force and effect,
28 and create the same duties and obligations, as if made by one of the undersigned
1 Parties hereto. Any such designation shall also function as a consent by such
2 producing Party to the authority of the Court in the Proceeding to resolve and
3 conclusively determine any motion or other application made by any person or Party
4 with respect to such designation, or any other matter otherwise arising under this
5 Stipulation and Protective Order.
6 16. If any person subject to this Stipulation and Protective Order who has
7 custody of any Confidential Materials receives a subpoena or other process
8 (“Subpoena”) from any government or other person or entity demanding production
9 of Confidential Materials, the recipient of the Subpoena shall promptly give notice of
10 the same by electronic mail transmission within forty eight (48) hours of receipt,
11 followed by either express mail or overnight delivery to counsel of record for the
12 Designating Party, and shall furnish such counsel with a copy of the Subpoena. Upon
13 receipt of this notice, the Designating Party may, in its sole discretion and at its own
14 cost, move to quash or limit the Subpoena, otherwise oppose production of the
15 Confidential Materials, and/or seek to obtain confidential treatment of such
16 Confidential Materials from the subpoenaing person or entity to the fullest extent
17 available under law. The recipient of the Subpoena may not produce any
18 Documents, Testimony or Information pursuant to the Subpoena prior to the date
19 specified for production on the Subpoena.
20 17. Nothing in this Stipulation and Protective Order shall be construed to
21 preclude either Party from asserting in good faith that certain Confidential Materials
22 require additional protection. The Parties shall meet and confer to agree upon the
23 terms of such additional protection.
24 18. If, after execution of this Stipulation and Protective Order, any
25 Confidential Materials submitted by a Designating Party under the terms of this
26 Stipulation and Protective Order is Disclosed by a non-Designating Party to any
27 person other than in the manner authorized by this Stipulation and Protective Order,
28 the non-Designating Party responsible for the Disclosure shall bring all pertinent
1 facts relating to the Disclosure of such Confidential Materials to the immediate
2 attention of the Designating Party.
3 19. This Stipulation and Protective Order is entered into without prejudice to
4 the right of any Party to knowingly waive the applicability of this Stipulation and
5 Protective Order to any Confidential Materials designated by that Party. If the
6 Designating Party uses Confidential Materials in a non-Confidential manner, then the
7 Designating Party shall advise that the designation no longer applies. If any provision
8 of this Protective Order shall be held invalid for any reason whatsoever, the remaining
9 provisions shall not be affected thereby.
10 20. Where any Confidential Materials, or Information derived from
11 Confidential Materials, is included in any motion or other proceeding governed by
12 Fed. R. Civ. P 83 the party shall follow those rules. With respect to discovery
13 motions or other proceedings not governed by Fed. R. Civ. P 83, the following shall
14 apply: If Confidential Materials or Information derived from Confidential
15 Materials are submitted to or otherwise disclosed to the Court in connection with
16 discovery motions and proceedings, the same shall be separately filed under seal with
17 the clerk of the Court in an envelope marked: “CONFIDENTIAL – FILED UNDER
18 SEAL PURSUANT TO PROTECTIVE ORDER AND WITHOUT ANY
19 FURTHER SEALING ORDER REQUIRED.”
20 21. The Parties shall meet and confer regarding the procedures for use of
21 Confidential Materials at trial and shall move the Court for entry of an appropriate
22 order.
23 22. Nothing in this Stipulation and Protective Order shall affect the
24 admissibility into evidence of Confidential Materials or abridge the rights of any
25 person to seek judicial review or to pursue other appropriate judicial action with
26 respect to any ruling made by the Court concerning the issue of the status of Protected
27 Material.
28 This Stipulation and Protective Order shall continue to be binding after the
1 conclusion of this Proceeding and all subsequent proceedings arising from this
2 Proceeding, except that a Party may seek the written permission of the Designating
3 Party or may move the Court for relief from the provisions of this Stipulation and
4 Protective Order. To the extent permitted by law, the Court shall retain jurisdiction
5 to enforce, modify, or reconsider this Stipulation and Protective Order, even after
6 the Proceeding is terminated.
7 23. Upon written request made within thirty (30) days after the
8 settlement or other termination of the Proceeding, counsel for the Party who has
9 received Protected Documents shall either: (a) return to the Designating Party the
10 Protected Documents, including any documents which any such Party disclosed to any
11 Qualified Person, or (b) securely destroy the Protected Documents, including any
12 documents which any such Party disclosed to any Qualified Person and certify in
13 writing such destruction to the Designating Party.
14 24. After this Protective Order has been signed by counsel for all Parties, it
15 shall be presented to the Court for entry. Counsel agree to be bound by the terms set
16 forth herein with regard to any Confidential Materials that have been produced
17 before the Court signs this Stipulation and Protective Order.
18 25. The parties do not waive their right to seek modification to this Protective
19 Order by agreement or leave of the Court.
20 26. The Parties and all signatories to the Certification attached hereto as
21 Exhibit A agree to be bound by this Stipulation and Protective Order pending its
22 approval and entry by the Court. In the event that the Court modifies this Stipulation
23 and Protective Order, or in the event that the Court enters a different Protective
24 Order, the Parties agree to be bound by this Stipulation and Protective Order until
25 such time as the Court may enter such a different Order. It is the Parties’ intent to
26 be bound by the terms of this Stipulation and Protective Order pending its
27 entry so as to allow for immediate production of Confidential Materials under the
28 terms herein.
1 This Stipulation and Protective Order may be executed in counterparts.
2
3 || Dated: By:
4 Attorneys for Plaintiff,
KEVIN Y. JACOBSON
5 ALLEN AMARKARIAN
6
7 || Dated: By: __/s/ Carmen G. Espinosa
Attorneys for Defendant,
NISSAN NORTH AMERICA, INC.
9
10 ORDER
11 The court has reviewed the parties’ stipulated protective order. (See ECF No. 12.) The
12 || stipulation comports with the relevant authorities and the court’s applicable local rule. See L.R.
13 || 141.1. The court APPROVES the protective order, subject to the following clarification. The Local
14 Rules state that once an action is closed, “unless otherwise ordered, the court will not retain
15 jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R.
16 141.1(f); see also, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., Feb.
03, 2017) (noting that courts in the district generally do not agree to retain jurisdiction for disputes
17
concerning protective orders after closure of the case). Thus, despite the parties’ agreement at par.
18 22, the court will not retain jurisdiction over this protective order once the case is closed.
19
20
Dated: February 15, 2023
a1
22 Arersell Netorreann—
KENDALL J.NE
23 UNITED STATES MAGISTRATE JUDGE
24 harr.2026
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-16- Case No. 2:22-cv-02026-KJM-KJN
1 EXHIBIT A
2 CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS
3 I hereby acknowledge that I, [NAME],
4 [POSITION AND EMPLOYER], am about to receive
5 Confidential Materials supplied in connection with the Proceeding, (2:22—CV-
6 02026—KJM—KJN.) I certify that I understand that the Confidential Materials are
7 provided to me subject to the terms and restrictions of the Protective Order filed in
8 this Proceeding. I have been given a copy of the Stipulation and Protective Order; I
9 have read it, and I agree to be bound by its terms.
10 I understand that the Confidential Materials, as defined in the Stipulation and
11 Protective Order, including any notes or other records that may be made regarding
12 any such materials, shall not be Disclosed to anyone except as expressly permitted by
13 the Stipulation and Protective Order. I will not copy or use, except solely for the
14 purposes of this Proceeding, any Confidential Materials obtained pursuant to this
15 Protective Order, except as provided therein or otherwise ordered by the Court in the
16 Proceeding.
17 I further understand that I am to retain all copies of all Confidential Materials
18 provided to me in the Proceeding in a secure manner, and that all copies of such
19 Materials are to remain in my personal custody until termination of my participation
20 in this Proceeding, whereupon the copies of such materials will be returned to
21 counsel who provided me with such Materials.
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
1 I declare under penalty of perjury, under the laws of the State of California,
2 that the foregoing is true and correct. Executed this day of , 20 ,
3 at .
4
5 DATED: BY:
Signature
6
7 Title:
8 Address:
9 City, State, Zip:
10 Telephone Number:
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