The opinion
1 GARRETT R. BROSHUIS CAROLYN H. LUEDTKE
(Bar No. 329924) (State Bar No. 207976)
2 gbroshuis@koreintillery.com carolyn.luedtke@mto.com
KOREIN TILLERY, LLC JUSTIN P. RAPHAEL
3 505 North 7th Street, Suite 3600 (State Bar No. 292380)
St. Louis, MO 63101 Justin.Raphael@mto.com
4 Telephone: (314) 241-4844 CHRISTOPHER CRUZ
Facsimile: (314) 241-3525 (State Bar No. 346128)
5 Christopher.Cruz@mto.com
Attorneys for Plaintiffs Taylor JAVIER KORDI
6 Smart and Michael Hacker, (State Bar No. 348358)
Individually and on Behalf of All Javier.Kordi@mto.com
7 Those Similarly Situated MUNGER, TOLLES & OLSON LLP
[additional attorneys listed on 560 Mission Street, 27th Flr
8 signature page] San Francisco, CA 94105-2907
Telephone: (415) 512-4000
9 DENNIS STEWART (State Bar No. 99152) Facsimile: (415) 512-4077
dstewart@gustafsongluek.com
10 GUSTAFSON GLUEK PLLC Attorneys for Defendant
600 West Broadway, Suite 3300 National Collegiate Athletic
11 San Diego, CA 92101 Association, an
Telephone: (612) 333-8844 Unincorporated Association.
12
Facsimile: (612) 339-6622
13
Attorneys for Plaintiffs Joseph
Colon, Shannon Ray, Khala Taylor,
14
Peter Robinson, Katherine Sebbane,
and Patrick Mehlert, Individually
15
and on Behalf of All Those
Similarly Situated [additional
16 attorneys listed on signature page]
17
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
18
TAYLOR SMART AND MICHAEL HACKER, No. 2:22-cv-02125 WBS KJN
19
Individually and on Behalf of All
Those Similarly Situated, Chief United States Magistrate
20
Plaintiffs, J Au sd sg ie g nK ee dn d fa ol rl nJ o. n -N de iw sm pa on s i( tK iJ vN e)
21 NATIOv N. A
L COLLEGIATE ASSOCIATION, an
matters
22 unincorporated association,
Defendant.
23 STIPULATED PROTECTIVE ORDER
JOSEPH COLON, SHANNON RAY, KHALA
24 TAYLOR, PETER ROBINSON, KATHERINE No. 1:23-cv-00425 WBS KJN
SEBBAME, and PATRICK MEHLER,
25 individually and on behalf of all Chief United States Magistrate
those similarly situated, Judge Kendall J. Newman (KJN)
26
v.
Plaintiffs, A ms as ti tg en re sd for non-dispositive
27 NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION, an unincorporated
association,
1
2 I. INTRODUCTION
3 The parties, by their undersigned counsel, pursuant to Fed.
4
R. Civ. P. 26(c)(1), hereby stipulate to the following
5
provisions.
6
II. SCOPE OF PROTECTED INFORMATION
7
In the course of discovery in this action, the parties may
8
be required to produce information that constitutes, in whole or
9
10 in part, protected information such as trade secrets, non-public
11 research and development, commercial or financial information, or
12 other information that may cause harm to the Producing Party or a
13 non-party. The parties anticipate production of the following
14
categories of protected information:
15
A. “Confidential” information:
16
1. Information (regardless of how it is generated,
17
stored, or maintained) or tangible things that
18
19 qualify for protection under Fed. R. Civ. P. 26(c);
20 2. Information protected from disclosure by statute;
21 3. Information that reveals trade secrets;
22 4. Research, technical, commercial, or financial
23
information that the party has maintained as
24
confidential;
25
5. Medical information and protected health information
26
27 concerning any individual;
1 6. Personal identifying information of any person who is
2
not a party to this action, including absent class
3
members;
4
7. Any information whose disclosure would cause severe
5
competitive harm to the Designating Party if
6
7 disclosed;
8
8. Personnel or employment records of a person who is
9 not a party to this action,
10 9. Education records concerning any individual; and
11 10. Other information the disclosure of which would
12
breach a legal or contractual obligation.
13
B. “Confidential” Information under this order does not
14
include any information that
15
16
1. is publicly available at the time of disclosure and
17 became publicly available through lawful means and
18 without the violation of any court orders;
19 2. becomes publicly available after disclosure through
20
no fault of the Receiving Party (defined below); or
21
3. the Receiving Party lawfully obtains at a later date
22
from a third party without restriction as to
23
24 disclosure.
25
C. “Attorneys’ Eyes Only” information:
26 1. Documents, testimony, or information that contains,
27 or is reasonably believed to contain, or is claimed
1 by the Family Educational Rights and Privacy Act, 20
2
U.S.C. § 1232g, and any regulations passed pursuant
3
to that Act by the Department of Education or any
4
other federal agency (“FERPA Records”) of any student
5
who has not consented to the disclosure of such
6
7 records; and
8
2. Other non-public, extremely sensitive confidential
9 information, disclosure of which the Designating
10 Party believes in good faith would create a
11
substantial risk of serious financial, reputational,
12
or other harm, or a serious violation of a privacy
13
interest that could not be avoided by less
14
restrictive means.
15
16 III. DESIGNATION OF PROTECTED INFORMATION
17 A. Scope: This Order governs the production and handling
18 of any protected information in this action. Any party or non-
19 party who produces protected information in this action may
20
designate it as “Confidential” or “Attorneys’ Eyes Only”
21
consistent with the terms of this Order. “Designating Party”
22
means the party or non-party who so designates the protected
23
information; “Receiving Party” means the party or non-party to
24
25 whom such information was produced or disclosed. Whenever
26 possible, the Designating Party must designate only those
27 portions of a document, deposition, transcript, or other material
1 designating entire documents. Regardless of any designations
2
made hereunder, the Designating Party is not otherwise restricted
3
from use or disclosure of its protected information outside of
4
this action. In addition, any party may move to modify or seek
5
other relief from any of the terms of this Order if it has first
6
7 tried in writing and in good faith to resolve its needs or
8 disputes with the other party(ies) pursuant to the terms of this
9 Order and E.D. Cal. L.R. 251, and Fed. R. Civ. P. 26 and 37.
10 B. Application to Non-Parties: Before a non-party is given
11
copies of designated information as permitted hereunder, it must
12
first sign the acknowledgment to be bound to these terms that is
13
attached hereto as Exhibit A; if it fails to do so, the parties
14
to this action must resolve any such dispute before making
15
16 disclosure of designated information as permitted hereunder to
17 the non-party. If a non-party wishes to make designations
18 hereunder, it must first sign the acknowledgment to be bound to
19
these terms that is attached hereto as Exhibit A.
20
C. Timing and Provisional Protection: Designations may be
21
made at any time. To avoid potential waiver of protection
22
hereunder, the Designating Party should designate information at
23
24 the time of production or disclosure, including on the record
25 during the taking of any testimony. Deposition testimony will be
26 deemed provisionally protected for a period of 15 days after the
27 transcript is released to the parties by the court reporter,
1 of provisional protection of information as Confidential or
2
Attorneys’ Eyes Only as part of one or more specific depositions.
3
To retain any designations beyond the provisional period, a
4
Designating Party must designate specific pages and lines of
5
deposition testimony before the provisional period has expired.
6
7 Such designations must be made in writing so that all counsel and
8 court reporters may append the designation to all copies of the
9 transcripts.
10 D. Manner of Designation: Information may be designated
11
hereunder in any reasonable manner or method that notifies the
12
Receiving Party of the designation level and identifies with
13
specificity the information to which the designation applies. If
14
made verbally, the Designating Party must promptly confirm in
15
16 writing the designation. Whenever possible, the Designating
17 Party should stamp, affix, or embed a legend of “CONFIDENTIAL” or
18 “ATTORNEYS’ EYES ONLY” on each designated page of the document or
19
electronic image.
20
IV. CHALLENGES TO DESIGNATED INFORMATION
21
In the event that a Receiving Party disagrees at any time
22
with any designation(s) made by the Designating Party, the
23
Receiving Party must first try to resolve such challenge in good
24
25 faith on an informal basis with the Designating Party pursuant to
26 E.D. Cal. L.R. 251 and Fed. R. Civ. P. 37. The Receiving Party
27 must provide written notice of the challenge and the grounds
1 the challenge within 15 days. At all times, the Designating
2
Party carries the burden of establishing the propriety of the
3
designation and protection level. Unless and until the challenge
4
is resolved by the parties or ruled upon by the Court, the
5
designated information will remain protected under this Order and
6
7 shall remain Confidential or Attorneys’ Eyes Only as designated.
8 The failure of any Receiving Party to challenge a designation
9 does not constitute a concession that the designation is proper
10 or an admission that the designated information is otherwise
11
competent, relevant, or material.
12
V. LIMITED ACCESS/USE OF PROTECTED INFORMATION
13
A. Restricted Use: Information that is produced or
14
exchanged in the course of this action and designated under this
15
Order may be used solely for the preparation, trial, and any
16
17 appeal of this action, as well as related settlement
18 negotiations, and for no other purpose, without the written
19 consent of the Designating Party. No designated information may
20
be disclosed to any person except in accordance with the terms of
21
this Order. All persons in possession of designated information
22
agree to exercise reasonable care with regard to the custody,
23
use, or storage of such information to ensure that its
24
25 confidentiality is maintained. This obligation includes, but is
26 not limited to, the Receiving Party providing to the Designating
27 Party prompt notice of the receipt of any subpoena that seeks
1 consulting with the Designating Party before responding to the
2
subpoena. Any use or disclosure of Confidential or Attorneys’
3
Eyes Only information in violation of the terms of this Order may
4
subject the disclosing person or party to sanctions.
5
B. Access to “Confidential” Information: The parties and
6
7 all persons subject to this Order agree that information
8 designated as “CONFIDENTIAL” may only be accessed or reviewed by
9 the following:
10 1. The Court, its personnel, and court reporters;
11 2. Outside counsel for any party in this action and
12
their employees who assist outside counsel in this
13
action and are informed of the duties hereunder;
14
3. The parties, including their agents and employees
15
16 who are assisting or have reason to know of this
17 action, so long as each such agent or employee has
18 signed the acknowledgment to be bound to these terms
19
that is attached hereto as Exhibit A;
20
4. Experts or consultants employed by the parties or
21
their counsel for purposes of this action, as well as
22
mock jurors, so long as each such expert, consultant
23
24 and mock juror has signed the acknowledgment to be
25 bound to these terms that is attached hereto as
26 Exhibit A;
27 5. Any mediators that the parties may engage in this
1 supporting personnel, so long as such mediator or
2
supporting staff signs the acknowledgment to be bound
3
to these terms that is attached hereto as Exhibit A;
4
6. Vendors who provide litigation support services
5
(e.g., photocopying, videotaping, translating,
6
7 preparing exhibits or demonstrations, and processing,
8 organizing, storing, reviewing, categorizing, or
9 retrieving data in any form or medium) whose
10 representative signs the acknowledgement to be bound
11
to these terms that is attached hereto as Exhibit A;
12
7. Entities who provide insurance coverage to parties in
13
this case, so long as any personnel employed by the
14
insurance entity who is to be granted access to the
15
16 information sign the acknowledgment to be bound to
17 these terms that is attached hereto as Exhibit A;
18 8. Witnesses in the action to whom disclosure is
19
reasonably necessary, so long as such witnesses
20
signed the acknowledgement to be bound to these terms
21
that is attached as Exhibit A unless the Receiving
22
Party has a good faith basis to believe that the
23
24 witness was an author or recipient of the information
25 designed as “Confidential”; and
26 9. Other witnesses or persons with the Designating
27 Party’s consent or by court order.
1 C. Access to “Attorneys’ Eyes Only” Designations: Because
2
designation of information as “Attorneys’ Eyes Only” is more
3
restrictive on disclosure and may interfere with the discovery
4
process, such designations should be used only to the extent
5
necessary. The parties and all persons subject to this Order
6
7 agree that information designated as “ATTORNEYS’ EYES ONLY” may
8 only be accessed or reviewed by the following:
9 1. The Court, its personnel, and court reporters;
10 2. Outside counsel for any party in this action and
11
their employees who assist outside counsel in this
12
action and are informed of the duties hereunder;
13
3. In-house counsel for each party and their employees
14
who assist in-house counsel, who sign the
15
16 acknowledgement to be bound to these terms that is
17 attached hereto as Exhibit A;
18 4. Any mediators that the parties may engage in this
19
action or that the Court appoints, including
20
supporting personnel, so long as such mediator or
21
supporting staff signs the acknowledgment to be bound
22
to these terms that is attached hereto as Exhibit A;
23
24
5. Experts or consultants employed by the parties or
25 their counsel for purposes of this action, as well as
26 mock jurors, so long as each such expert, consultant
27 or mock juror has signed the acknowledgement to be
1 bound to these terms that is attached hereto as
2
Exhibit A;
3
6. Vendors who provide litigation support services
4
(e.g., photocopying, videotaping, translating,
5
preparing exhibits or demonstrations, and processing,
6
7 organizing, storing, reviewing, categorizing, or
8 retrieving data in any form or medium) whose
9 representative signs the acknowledgement to be bound
10 to these terms that is attached hereto as Exhibit A;
11 7. Witnesses at deposition for which the Receiving Party
12
has a good faith basis to believe that the witness
13
was an author or recipient of the information
14
designated as “ATTORNEYS’ EYES ONLY”; and
15
16
8. Other witnesses or persons to whom the Designating
17 Party agrees in advance of disclosure or by court
18 order and who sign the acknowledgement to be bound to
19
these terms that is attached hereto as Exhibit A.
20
D. Review of Witness Acknowledgments: At any time and for
21
any purpose, including to monitor compliance with the terms
22
hereof, any Designating Party may demand to review all copies of
23
24 Exhibit A in any Receiving Party’s possession. The Receiving
25 Party must, within 3 business days of the demand, provide all
26 such copies to the Designating Party making the demand.
27 Notwithstanding the foregoing, if the Receiving Party has
1 the Designating Party, the Receiving Party may generically
2
identify how many acknowledgments that it has in its possession
3
attributable to non-disclosed experts, whose acknowledgements
4
must later be provided contemporaneously with any reports issued
5
by one or more of said experts. If a Receiving Party is not
6
7 required to disclose the identity of any consulting experts, it
8 may not be compelled to produce any acknowledgments from those
9 experts to the Designating Party. However, if the Designating
10 Party provides to the Court evidence of breach of this Order via
11
unauthorized leak of designated information, the Court may
12
require an in camera production of all acknowledgments held by a
13
Receiving Party in order to determine breach and consider
14
enforcement of this Order.
15
16 E. Non-Waiver Effect of Designations: Neither the taking
17 of, nor the failure to take, any action to enforce the provisions
18 of this Order, nor the failure to object to any designation, will
19
constitute a waiver of any party’s claim or defense in this
20
action or any other action or proceeding, including but not
21
limited to a claim or defense that any designated information is
22
or is not confidential, is or is not entitled to particular
23
24 protection, or embodies or does not embody information
25 protectable by law.
26 F. In-Court Use of Designated Information: If information
27 designated pursuant to this Order will or may be offered in
1 advance notice to the party or non-party that designated prior to
2
offering the information so that any use or disclosure may be
3
addressed in accordance with the Court’s case-management or other
4
pre-trial order, or by a motion in limine.
5
Nothing in this Order shall be construed as a waiver by a party
6
7 of any objections that may be raised as to the admissibility at
8 trial of any evidentiary materials.
9 VI. CLAW-BACK REQUESTS
10 A. Failure to Make Designation: If, at any time, a party
11 or non-party discovers that it produced or disclosed protected
12
information without the appropriate designation, the Producing
13
Party shall promptly notify the Receiving Party within ten (10)
14
business days of the discovery of the disclosure in writing and
15
identify with particularity the information to be designated and
16
17 the level of designation (the claw-back notification). The
18 Receiving Party shall promptly destroy the document and may then
19 request substitute production of the newly-designated
20
information. Within 30 days of receiving the claw-back
21
notification, the Receiving Party must (1) certify to the
22
Designating Party it has destroyed all copies that it received,
23
made, and/or distributed; and (2) if it was practicably unable to
24
25 destroy any information because disclosures occurred while the
26 Receiving Party was under no duty of confidentiality under the
27 terms of this Order regarding that information, the Receiving
1 to aid the Designating Party in protecting the information,
2
consistently with the Receiving Party’s attorney-client, work-
3
product, and/or trial-preparation privileges.
4
B. Inadvertent Production of Privileged Information: If,
5
at any time, a party discovers that it produced information that
6
7 it reasonably believes is subject to protection under the
8 attorney/client, work-product, trial-preparation privileges, or
9 any other legally-recognized privilege, then it must promptly
10 notify each Receiving Party of the claim for protection, the
11
basis for it, amend its privilege log accordingly, and comply
12
with Fed. R. Civ. P. 26(b)(5). Whenever possible, the Producing
13
Party must produce substitute information that redacts the
14
information subject to the claimed protection. The Receiving
15
16 Party must thereupon comply with Fed. R. Civ. P. 26(b)(5) as to
17 the information subject to the claimed protection. The parties
18 must also comply with E.D. Cal. L.R. 251 before seeking Court
19
intervention to resolve any related dispute.
20
VII. DURATION/CONTINUED RESTRICTIONS
21
A. Handling of Designated Information Upon Conclusion of
22
Action: Upon conclusion of this action, including all appeals,
23
the Designating Party(ies) is/are responsible for ensuring that
24
25 any party or person to whom the party shared or disclosed
26 designated information in this action returns or destroys all of
27 its copies that can be reasonably located, regardless of the
1 dismissal of this action or expiration of all deadlines for
2
appeal, the Receiving Party(ies) must certify to each Designating
3
Party that all designated information hereunder has been
4
destroyed by all parties and witnesses for whom that party is
5
responsible. No witness or party may retain designated
6
7 information that it received from any other party or non-party
8 under this Order; only counsel of record are the authorized
9 agents who may retain one copy for their respective legal files,
10 and who must also describe to the Designating Party the extra
11
steps taken to seal its legal file containing paper and/or
12
electronic copies of the designated information so that it is not
13
accessed, used, or disclosed inconsistently with the obligations
14
under this Order. This provision does not apply to the Court or
15
16 Court staff.
17 B. Continued Restrictions Under this Order: The
18 restrictions on disclosure and use of confidential information
19
survive the conclusion of this action.
20
VIII. REQUESTS TO SEAL
21
A. Filing Documents Under Seal: The parties shall comply
22
with E.D. Cal. L.R. 141 when filing material designated as
23
protected information pursuant to this order. Over-redaction of
24
25 documents sought to be maintained under seal may result in the
26 denial of a motion to seal.
27 B. Challenging “Confidential” or “Attorneys’ Eyes
1 challenge the designation of information as “Confidential” or
2 “Attorneys’ Eyes Only” as set forth in Section IV above, the
3 parties will request a telephonic conference with the Magistrate
4 Judge to discuss the issue, following which the contesting party
5 may move for an order removing or altering the “Confidential” or
6 “Attorneys’ Eyes Only” designation with regard to such
7 document(s).
8
9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:
10 DATED: September 29, 2023
11
12 MUNGER, TOLLES & OLSON LLP
13
14
By: /s/CAROLYN HOECKER LUEDTKE
15
CAROLYN HOECKER LUEDTKE
16 CAROLYN H. LUEDTKE
(State Bar No. 207976)
17 carolyn.luedtke@mto.com
JUSTIN P. RAPHAEL
18 (State Bar No. 292380)
Justin.Raphael@mto.com
19 CHRISTOPHER CRUZ
(State Bar No. 346128)
20 Christopher.Cruz@mto.com
JAVIER KORDI
21 (State Bar No. 348358)
Javier.Kordi@mto.com
22 MUNGER, TOLLES & OLSON LLP
560 Mission Street,
23 Twenty-Seventh Floor
San Francisco, California
24 94105-2907
Telephone: (415) 512-4000
25 Facsimile: (415) 512-4077
26 Attorneys for Defendant National
Collegiate Athletic Association
27
1 KOREIN TILLERY, LLC
2
3 By: /s/GARRETT R. BROSHUIS
GARRETT R. BROSHUIS
4 STEPHEN M. TILLERY (pro hac vice)
5 stillery@koreintillery.com
STEVEN M. BEREZNEY (Bar No.
6 329923)
sberezney@koreintillery.com
7 GARRETT R. BROSHUIS (Bar No.
329924)
8
gbroshuis@koreintillery.com
KOREIN TILLERY, LLC
9
505 North 7th Street, Suite 3600
10 St. Louis, MO 63101
Telephone: (314) 241-4844
11 Facsimile: (314) 241-3525
12 Attorneys for Plaintiffs Taylor
Smart and Michael Hacker,
13 Individually and on Behalf of All
Those Similarly Situated
14
15
16
17
18
19
20
21
22
23
24
25
26
27
1 GUSTAFSON GLUEK PLLC
2
3 By: /s/JAMIE CROOKS
4 JAMIE CROOKS
DENNIS STEWART
5 (State Bar No. 99152)
dstewart@gustafsongluek.com
6 DANIEL E. GUSTAFSON
(#202241 pro hac)
7 dgustafson@gustafsongluek.com
JOSHUA J. RISSMAN
8 (#391500 pro hac)
jrissman@gustafsongluek.com
9 NOAH L. COZAD (#402643 pro hac)
ncozad@gustafsongluek.com
10 GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
11 120 South 6th Street, Suite 2600
Minneapolis, MN 55402
12 Telephone: (612) 333-8844
Facsimile: (612) 339-6622
13
Attorneys for Plaintiffs Joseph
14 Colon, Shannon Ray, Khala Taylor,
Peter Robinson, Katherine Sebbane,
15 and Patrick Mehlert, Individually
and on Behalf of All Those
16 Similarly Situated
17
COLEMAN & HOROWITT, LLP
18
19 DARRYL J. HOROWITT
(State Bar No. 100898)
20 dhorowitt@ch-law.com
COLEMAN & HOROWITT, LLP
21 499 West Shaw, Suite 116
Fresno, CA 93704
22 Telephone: (559) 248-4820
Facsimile: (559) 248-4830
23
Attorneys for Plaintiffs Joseph
24 Colon, Shannon Ray, Khala Taylor,
Peter Robinson, Katherine Sebbane,
25 and Patrick Mehlert, Individually
and on Behalf of All Those
26 Similarly Situated
27
1 KIRBY McINERNEY LLP
2
ROBERT J. GRALEWSKI, JR.
3 (State Bar No. 196410)
bgralewski@kmllp.com
4 MARKO RADISAVLJEVIC,
(State Bar No. 306552)
5 mradisavljevic@kmllp.com
KIRBY McINERNEY LLP
6 600 B Street, Suite 2110
San Diego, California 92101
7 Telephone: (619) 784-1442
8 Attorneys for Plaintiffs Joseph
Colon, Shannon Ray, Khala Taylor,
9 Peter Robinson, Katherine Sebbane,
and Patrick Mehlert, Individually
10 and on Behalf of All Those
Similarly Situated
11
12 THE LAW OFFICES OF LEONARD B.
SIMON P.C.
13
LEONARD B. SIMON
14 (State Bar No. 58310)
lens@rgrdlaw.com
15 THE LAW OFFICES OF LEONARD B.
SIMON P.C.
16 655 West Broadway, Suite 1900
San Diego, CA 92101
17 Telephone: (619) 818-0644
Facsimile: (619) 231-7423
18
Attorneys for Plaintiffs Joseph
19 Colon, Shannon Ray, Khala Taylor,
Peter Robinson, Katherine Sebbane,
20 and Patrick Mehlert, Individually
and on Behalf of All Those
21
Similarly Situated
22
23
24
25
26
27
1 FAIRMARK PARTNERS, LLP
2
JAMIE CROOKS
(State Bar No. 310447)
3
(pro hac forthcoming)
jamie@fairmarklaw.com
4
MICHAEL LIEBERMAN,
DC Bar No. 1033827
5
(pro hac forthcoming)
michael@fairmarklaw.com
6
FAIRMARK PARTNERS, LLP
1825 7th Street, NW, #821
7
Washington, DC 20001
Telephone: (619) 507-4182
8
Attorneys for Plaintiffs Joseph
9
Colon, Shannon Ray, Khala Taylor,
10 Peter Robinson, Katherine Sebbane,
and Patrick Mehlert
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
1 ORDER
2 The court has reviewed the parties’ stipulated protective order. (See 1:23-cv-00425-WBS-
3 KJN at ECF No. 54; 2:22-cv-02125-WBS-KJN at ECF No. 46.) The stipulation comports with the
relevant authorities and the court’s applicable local rule. See L.R. 141.1. The court APPROVES
the protective order, subject to the following clarification. Once an action is closed, “the court will
7 || not retain jurisdiction over enforcement of the terms of any protective order filed in that action.”
g || L.R. 141.1(f); see also, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal.,
9 || Feb. 03, 2017) (noting that courts in the district generally do not retain jurisdiction for disputes
10 concerning protective orders after closure of the case). Thus, despite the parties’ agreement that
jurisdiction extend beyond the end of this action, the court will not retain jurisdiction over this
protective order once the case 1s closed.
14 Dated: October 16, 2023
is Foci) Aharon
16 KENDALL J. NE
UNITED STATES MAGISTRATE JUDGE
smar.2125
18
19
20
21
22
23
24
25
26
27
28
_97_ Case Nos. 2:22-cv-02125 and 1:23-cv-00425 WBS KUN
1
EXHIBIT A
2
UNITED STATES DISTRICT COURT
3 EASTERN DISTRICT OF CALIFORNIA
4
TAYLOR SMART AND MICHAEL HACKER, No. 2:22-cv-02125 WBS KJN
Individually and on Behalf of All
5 Those Similarly Situated,
6 Plaintiffs,
v.
7 NATIONAL COLLEGIATE ASSOCIATION, an
unincorporated association,
8 Defendant.
JOSEPH COLON, SHANNON RAY, KHALA
9 TAYLOR, PETER ROBINSON, KATHERINE No. 1:23-cv-00425 WBS KJN
SEBBAME, and PATRICK MEHLER,
10 individually and on behalf of all
those similarly situated,
11 Plaintiffs,
v.
12 NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION, an unincorporated
13 association,
Defendant.
14
AGREEMENT TO BE BOUND BY PROTECTIVE ORDER
15
The undersigned acknowledges having been provided with and having
16
read the “Stipulated Protective Order” in this matter
17
18 (“Protective Order”). The undersigned further agrees he/she (i)
19 is bound under the Protective Order, (ii) will comply with all of
20 its provisions, and (iii) is subject to the jurisdiction of the
21
Court for all purposes arising under the Protective Order,
22
including enforcement of its terms.
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Dated: ______________ By:_______________________
24
Print Name:
25 ________________________
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