The opinion
2
4
5 UNITED STATES DISTRICT COURT
6 FOR THE EASTERN DISTRICT OF CALIFORNIA
8
CALAMCO, Case No. 2:21-cv-01201-KJM-CSK
Plaintiff,
10
V. ORDER GRANTING AMENDED
11 STIPULATED PROTECTIVE ORDER
J.R. SIMPLOT CO.,
12 (ECF No. 125)
Defendant.
13
14 The Court has reviewed the parties’ amended stipulated protective order below
15 || (ECF No. 125), and finds it comports with the relevant authorities and the Court’s Local
16 || Rule. See L.R. 141.1. The Court APPROVES the amended protective order, subject to
17 || the following clarification.
18 The Court’s Local Rules indicate that once an action is closed, it “will not retain
19 || jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R.
20 || 141.1(f); see Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584, at *2
21 || (E.D. Cal. Oct. 29, 2012) (noting that courts in the district generally do not retain
22 || jurisdiction for disputes concerning protective orders after closure of the case). Thus, the
23 || Court will not retain jurisdiction over this protective order once the case is closed.
24
25 || Dated: December 3, 2024 ry 4
26 ( Kaw ope
CHI S00 KIM
27 UNITED STATES MAGISTRATE JUDGE
5, cala.1201.24
28
BARSTOW, 2:21-cv-01201-KJM-CSK
WAYTE & TTT I
1 MCCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
2 Scott J. Ivy, #197681
scott.ivy@mccormickbarstow.com
3 Shane G. Smith, #272630
shane.smith@mccormickbarstow.com
4
7647 North Fresno Street
Fresno, California 93720
5
Telephone: (559) 433-1300
6 Facsimile: (559) 433-2300
7 Attorneys for J. R. SIMPLOT COMPANY
8
9 UNITED STATES DISTRICT COURT
10 FOR THE EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
11
12 CALAMCO, a California corporation, Case No. 2:21-CV-01201-KLM-CSK
13 Plaintiff,
AMENDED STIPULATED PROTECTIVE
14
v. ORDER
15
J. R. SIMPLOT COMPANY; and DOES 1 -
16 10, Hon. Kimberly J. Mueller (KJM)
Hon. Chi Soo Kim (CSK)
17
Defendant.
18
19 J. R. SIMPLOT COMPANY,
20 Defendant-Counterclaimant,
21
v.
22
CALAMCO, a California corporation,
23
Plaintiff-Counterclaim
24
Defendant.
25
26
27
1 1. PURPOSES AND LIMITATIONS
2 Disclosure and discovery activity in this action are likely to involve production of
3 confidential, proprietary, or private information for which special protection from public disclosure
4 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly,
5 the parties hereby stipulate to and petition the court to enter the following Stipulated Protective
6 Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures
7 or responses to discovery and that the protection it affords from public disclosure and use extends
8 only to the limited information or items that are entitled to confidential treatment under the
9 applicable legal principles. The Court rejected the parties’ initial version of a Stipulated Protective
10 Order finding that it “contain[ed] “no information about the kinds of information to be protected.”
11 (ECF No. 76) The parties now request that the Court issue an Amended Stipulated Protective Order
12 in order to allow for disclosures of competitively sensitive documents and information on an Outside
13 Counsel’s Eyes Only basis. Such documents that the parties anticipate exchanging include sales,
14 sales forecasts, pricing, and margin data for the relevant product UAN32; customer identities; and
15 documents subject to confidentiality obligations owed to third parties. The parties reaffirm, as set
16 forth in Section 12.3 below, that this Stipulated Protective Order does not entitle them to file
17 confidential information under seal; Local Rule 141 sets forth the procedures that must be followed
18 and the standards that will be applied when a party seeks permission from the court to file material
19 under seal.
20 2. DEFINITIONS
21 2.1 Challenging Party: a Party or Non-Party that challenges the designation of
22 information or items under this Order.
23 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is
24 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of
25 Civil Procedure 26(c), including but not limited to (i) internal financial information of either Party
26 that is not publicly disclosed, (ii) proprietary information on the manner, method or cost of the
27 sourcing and/or manufacturing of products that are sold to third parties by either Party, (iii) customer
1 purchases, (iv) sales and revenue projections for the product offerings of either Party, (v)
2 manufacturing and shipment details for the product offerings of either Party, (vi) internal business
3 strategies of either Party, (vii) the minutes of executive sessions of CALAMCO board meetings,
4 and (viii) information or records from either Party that would be competitively harmful to the
5 producing Party if publicly disclosed.
6 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well
7 as their support staff).
8 2.4 Designating Party: a Party or Non-Party that designates information or items that it
9 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “OUTSIDE
10 COUNSELS’ EYES ONLY.”
11 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium
12 or manner in which it is generated, stored, or maintained (including, among other things, testimony,
13 transcripts, and tangible things), that are produced or generated in disclosures or responses to
14 discovery in this matter.
15 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to
16 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
17 consultant in this action.
18 2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel
19 does not include Outside Counsel of Record or any other outside counsel.
20 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal
21 entity not named as a Party to this action.
22 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action
23 but are retained to represent or advise a party to this action and have appeared in this action on
24 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
25 2.10 The term “OUTSIDE COUNSELS’ EYES ONLY” shall mean and include those
26 CONFIDENTIAL documents, answers to interrogatories, responses to requests for admission,
27 deposition transcripts, affidavits, expert reports, legal briefs or memoranda, and portions of such
1 highly confidential such that, if disclosed to the Receiving Party, might cause competitive harm to
2 the Designating Party. Information and material that may be subject to this protection includes, but
3 is not limited to, financial statements; proprietary technical and/or research and development data;
4 financial, marketing and other sales data (such as actual or prospective customer lists, actual or
5 prospective vendor lists, purchase prices, and sales and pricing information); trade secrets under
6 applicable law; highly confidential information belonging to third parties, and/or information having
7 strategic commercial value pertaining to the Designating Party’s trade or business. Additionally,
8 relevant documents related to an individual’s employment or employment related disclosures may
9 be made pursuant to a “OUTSIDE COUNSELS’ EYES ONLY” designation to protect the privacy
10 of these individuals.
11 2.11 Party: any party to this action, including all of its officers, directors, employees,
12 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
13 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
14 Material in this action.
15 2.13 Professional Vendors: persons or entities that provide litigation support services
16 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,
17 storing, or retrieving data in any form or medium) and their employees and subcontractors.
18 2.14 Protected Material: any Disclosure or Discovery Material that is designated as
19 “CONFIDENTIAL” or “OUTSIDE COUNSELS’ EYES ONLY.”
20 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a
21 Producing Party.
22 3. SCOPE
23 The protections conferred by this Stipulation and Order cover not only Protected Material
24 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all
25 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
26 conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
27 However, the protections conferred by this Stipulation and Order do not cover the following
1 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of
2 publication not involving a violation of this Order, including becoming part of the public record
3 through trial or otherwise; and (b) any information known to the Receiving Party prior to the
4 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the
5 information lawfully and under no obligation of confidentiality to the Designating Party. Any use
6 of Protected Material at trial shall be governed by a separate agreement or order.
7 4. DURATION
8 Even after final disposition of this litigation, the confidentiality obligations imposed by this
9 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
10 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and
11 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion
12 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the
13 time limits for filing any motions or applications for extension of time pursuant to applicable law.
14 5. DESIGNATING PROTECTED MATERIAL
15 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or
16 Non-Party that designates information or items for protection under this Order must take care to
17 limit any such designation to specific material that qualifies under the appropriate standards. The
18 Designating Party must designate for protection only those parts of material, documents, items, or
19 oral or written communications that qualify – so that other portions of the material, documents,
20 items, or communications for which protection is not warranted are not swept unjustifiably within
21 the ambit of this Order.
22 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown
23 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily
24 encumber or retard the case development process or to impose unnecessary expenses and burdens
25 on other parties) expose the Designating Party to sanctions.
26 If it comes to a Designating Party’s attention that information or items that it designated for
27 protection do not qualify for protection, that Designating Party must promptly notify all other Parties
1 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see,
2 e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or
3 Discovery Material that qualifies for protection under this Order must be clearly so designated
4 before the material is disclosed or produced.
5 Designation in conformity with this Order requires:
6 (a) For information in documentary form (e.g., paper or electronic documents, but excluding
7 transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the
8 legend “CONFIDENTIAL” or “OUTSIDE COUNSEL’S EYES ONLY” to each page that contains
9 protected material. If only a portion or portions of the material on a page qualifies for protection,
10 the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
11 markings in the margins).
12 A Party or Non-Party that makes original documents or materials available for inspection
13 need not designate them for protection until after the inspecting Party has indicated which material
14 it would like copied and produced. During the inspection and before the designation, all of the
15 material made available for inspection shall be deemed “CONFIDENTIAL” or, if the designating
16 Party or Non-Party requests, “OUTSIDE COUNSEL’S EYES ONLY.” After the inspecting Party
17 has identified the documents it wants copied and produced, the Producing Party must determine
18 which documents, or portions thereof, qualify for protection under this Order. Then, before
19 producing the specified documents, the Producing Party must affix the “CONFIDENTIAL” or
20 “OUTSIDE COUNSEL’S EYES ONLY” legend to each page that contains Protected Material. If
21 only a portion or portions of the material on a page qualifies for protection, the Producing Party also
22 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins).
23 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the
24 Designating Party identify on the record, before the close of the deposition, hearing, or other
25 proceeding, all protected testimony.
26 (c) for information produced in some form other than documentary and for any other tangible
27 items, that the Producing Party affix in a prominent place on the exterior of the container or
1 COUNSEL’S EYES ONLY,” as appropriate. If only a portion or portions of the information or item
2 warrant protection, the Producing Party, to the extent practicable, shall identify the protected
3 portion(s).
4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
5 designate qualified information or items does not, standing alone, waive the Designating Party’s
6 right to secure protection under this Order for such material. Upon timely correction of a
7 designation, the Receiving Party must make reasonable efforts to assure that the material is treated
8 in accordance with the provisions of this Order.
9 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
10 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
11 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
12 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
13 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
14 challenge a confidentiality designation by electing not to mount a challenge promptly after the
15 original designation is disclosed.
16 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process
17 by providing written notice of each designation it is challenging and describing the basis for each
18 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must
19 recite that the challenge to confidentiality is being made in accordance with this specific paragraph
20 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must
21 begin the process by conferring directly (in voice to voice dialogue; other forms of communication
22 alone are not sufficient) within 14 days of the date of service of notice. In conferring, the
23 Challenging Party must explain the basis for its belief that the confidentiality designation was not
24 proper and must give the Designating Party an opportunity to review the designated material, to
25 reconsider the circumstances, and, if no change in designation is offered, to explain the basis for the
26 chosen designation. A Challenging Party may proceed to the next stage of the challenge process
27 only if it has engaged in this meet and confer process first or establishes that the Designating Party
1 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court
2 intervention, the Designating Party shall file and serve a motion to retain confidentiality (in
3 compliance with Local Rules 140 and 141, if applicable) within 21 days of the initial notice of
4 challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve
5 their dispute, whichever is later. Each such motion must be accompanied by a competent declaration
6 affirming that the movant has complied with the meet and confer requirements imposed in the
7 preceding paragraph. Failure by the Designating Party to make such a motion including the required
8 declaration within 21 days (or 14 days, if applicable) shall automatically waive the confidentiality
9 designation for each challenged designation. In addition, the Challenging Party may file a motion
10 challenging a confidentiality designation at any time if there is good cause for doing so, including a
11 challenge to the designation of a deposition transcript or any portions thereof. Any motion brought
12 pursuant to this provision must be accompanied by a competent declaration affirming that the
13 movant has complied with the meet and confer requirements imposed by the preceding paragraph.
14 The burden of persuasion in any such challenge proceeding shall be on the Designating
15 Party. Frivolous challenges or oppositions to challenges, and those made for an improper purpose
16 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose the
17 Challenging Party to sanctions. Unless the Designating Party has waived the confidentiality
18 designation by failing to file a motion to retain confidentiality as described above, all parties shall
19 continue to afford the material in question the level of protection to which it is entitled under the
20 Producing Party’s designation until the court rules on the challenge.
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 in connection with this case only for prosecuting,
24 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
25 the categories of persons and under the conditions described in this Order. When the litigation has
26 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
27 DISPOSITION).
1 a 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 employees of
6 said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for
7 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is
8 attached hereto as Exhibit A;
9 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party
10 to whom disclosure is reasonably necessary for this litigation and who have signed the
11 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
12 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably
13 necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be
14 Bound” (Exhibit A);
15 (d) the court and its personnel;
16 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and
17 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have
18 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
19 (f) during their depositions, witnesses in the action to whom disclosure is reasonably
20 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
21 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
22 deposition testimony or exhibits to depositions that reveal Protected Material must be separately
23 bound by the court reporter and may not be disclosed to anyone except as permitted under this
24 Stipulated Protective Order.
25 (g) the author or recipient of a document containing the information or a custodian or other
26 person who otherwise possessed or knew the information.
27 7.3 Disclosure of “OUTSIDE COUNSELS’ EYES ONLY” Information or Items. Unless
1 may disclose any information or item designated “OUTSIDE COUNSELS’ EYES ONLY” only to:
2 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of
3 said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for
4 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is
5 attached hereto as Exhibit A;
6 (b) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
7 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement
8 to Be Bound” (Exhibit A), provided, however, that the Experts who may view “OUTSIDE
9 COUNSELS’ EYES ONLY” materials cannot, within the past ten (10) years, be or have been
10 employees or independent contractors of any Party, nor of any Parties’ subsidiaries or affiliated
11 companies;
12 (d) the Court and its personnel;
13 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and
14 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have
15 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
16 (f) during their depositions, witnesses in the action to whom disclosure is reasonably
17 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
18 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
19 deposition testimony or exhibits to depositions that reveal Protected Material must be separately
20 bound by the court reporter and may not be disclosed to anyone except as permitted under this
21 Stipulated Protective Order.
22 (g) the author or recipient of a document containing the information designated on an
23 “OUTSIDE COUNSELS’ ONLY” basis or a custodian or other person who otherwise possessed or
24 knew that information.
25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
26 LITIGATION
27 If a Party is served with a subpoena or a court order issued in other litigation that compels
1 “OUTSIDE COUNSELS’ EYES ONLY,” that Party must:
2 (a) promptly notify in writing the Designating Party. Such notification shall include a copy
3 of the subpoena or court order;
4 (b) promptly notify in writing the party who caused the subpoena or order to issue in the
5 other litigation that some or all of the material covered by the subpoena or order is subject to this
6 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
7 (c) cooperate with respect to all reasonable procedures sought to be pursued by the
8 Designating Party whose Protected Material may be affected.
9 If the Designating Party timely seeks a protective order, the Party served with the subpoena
10 or court order shall not produce any information designated in this action as “CONFIDENTIAL” or
11 “OUTSIDE COUNSELS’ EYES ONLY” before a determination by the court from which the
12 subpoena or order issued, unless the Party has obtained the Designating Party’s permission. The
13 Designating Party shall bear the burden and expense of seeking protection in that court of its
14 confidential material – and nothing in these provisions should be construed as authorizing or
15 encouraging a Receiving Party in this action to disobey a lawful directive from another court.
16 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
17 LITIGATION
18 (a) The terms of this Order are applicable to information produced by a Non-Party in this
19 action and designated as “CONFIDENTIAL” or “OUTSIDE COUNSELS’ EYES ONLY.” Such
20 information produced by Non-Parties in connection with this litigation is protected by the remedies
21 and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a
22 Non-Party from seeking additional protections.
23 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-
24 Party’s confidential information in its possession, and the Party is subject to an agreement with the
25 Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
26 (1) promptly notify in writing the Requesting Party and the Non-Party that some or
27 all of the information requested is subject to a confidentiality agreement with a Non-Party;
1 in this litigation, the relevant discovery request(s), and a reasonably specific description of the
2 information requested; and
3 (3) make the information requested available for inspection by the Non-Party.
4 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days
5 of receiving the notice and accompanying information, the Receiving Party may produce the Non-
6 Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks
7 a protective order, the Receiving Party shall not produce any information in its possession or control
8 that is subject to the confidentiality agreement with the Non-Party before a determination by the
9 court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of
10 seeking protection in this court of its Protected Material.
11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
13 Material to any person or in any circumstance not authorized under this Stipulated Protective Order,
14 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
15 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)
16 inform the person or persons to whom unauthorized disclosures were made of all the terms of this
17 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to
18 Be Bound” that is attached hereto as Exhibit A.
19 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
20 MATERIAL
21 When a Producing Party gives notice to Receiving Parties that certain inadvertently
22 produced material is subject to a claim of privilege or other protection, the obligations of the
23 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision
24 is not intended to modify whatever procedure may be established in an e-discovery order that
25 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d)
26 and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or
27 information covered by the attorney-client privilege or work product protection, the parties may
1 12. MISCELLANEOUS
2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek
3 its modification by the court in the future.
4 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order
5 no Party waives any right it otherwise would have to object to disclosing or producing any
6 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
7 Party waives any right to object on any ground to use in evidence of any of the material covered by
8 this Protective Order.
9 12.3 Filing Protected Material. Without written permission from the Designating Party or
10 a court order secured after appropriate notice to all interested persons, a Party may not file in the
11 public record in this action any Protected Material. A Party that seeks to file under seal any Protected
12 Material must comply with Local Rule 140 and 141. Protected Material may only be filed under
13 seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue.
14 Pursuant to Local Rule 141, a sealing order will issue only upon a request establishing that the
15 Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to
16 protection under the law. If a Receiving Party's request to file Protected Material under seal pursuant
17 to Local Rule 141 is denied by the court, then the Receiving Party may file the information in the
18 public record unless otherwise instructed by the court.
19 13. FINAL DISPOSITION
20 Within 60 days after the final disposition of this action, as defined in paragraph 4, each
21 Receiving Party must return all Protected Material to the Producing Party or destroy such material.
22 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
23 summaries, and any other format reproducing or capturing any of the Protected Material. Whether
24 the Protected Material is returned or destroyed, the Receiving Party must submit a written
25 certification to the Producing Party (and, if not the same person or entity, to the Designating Party)
26 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material
27 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,
1 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy
2 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
3 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant
4 and expert work product, even if such materials contain Protected Material. Any such archival
5 copies that contain or constitute Protected Material remain subject to this Protective Order as set
6 forth in Section 4 (DURATION).
7 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD:
8
9 Dated: November 25, 2024 GLYNN, FINLEY, MORTL, HANLON &
FRIEDENBERG, LLP
10
11
By: /s/ Jon Eldredge
12 Adam Friedenberg
Jon Eldredge
13
Attorneys for
14 CALAMCO
15
16
Dated: November 25, 2024 McCORMICK, BARSTOW, SHEPPARD,
17 WAYTE & CARRUTH LLP
18
19 By: /s/ Shane G. Smith
Scott J. Ivy
20
Shane G. Smith
Attorneys for
21
J. R. SIMPLOT COMPANY
22
-
23
SIGNATURE ATTESTATION
24
I hereby attest that concurrence has been obtained from Jon Eldredge, counsel for Plaintiff /
25
Cross-Defendant CALAMCO, as indicated by a “conformed” signature (/s/) within this e-filed
26
document.
27
/s/ Shane G. Smith
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________ [print or type full name], of _________________ [print or type
4 full address], declare under penalty of perjury that I have read in its entirety and understand the
5 Stipulated Protective Order that was issued by the United States District Court for the Eastern District
6 of California on ____ in the case of CALAMCO V. J.R. Simplot Company, Case No. 2:21-cv-01201-
7 KJM-CSK. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order
8 and I understand and acknowledge that failure to so comply could expose me to sanctions and
9 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any
10 information or item that is subject to this Stipulated Protective Order to any person or entity except in
11 strict compliance with the provisions of this Order.
12 I further agree to submit to the jurisdiction of the United States District Court for the Eastern District
13 of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such
14 enforcement proceedings occur after termination of this action.
15 I hereby appoint __________________________ [print or type full name] of
16 _______________________________________ [print or type full address and telephone number] as
17 my California agent for service of process in connection with this action or any proceedings related to
18 enforcement of this Stipulated Protective Order.
19
20 Date: ______________________________________
21 City and State where sworn and signed: _________________________________
22
23 Printed name: _______________________________
24
25 Signature: __________________________________
26
27