even stipulated 25 protective orders require good cause showing
How later courts described this case
- even stipulated 25 protective orders require good cause showing
Written by the judges who cited it.
The opinion
1 Dena C. Sharp (SBN 245869)
Adam E. Polk (SBN 273000)
2
Nina R. Gliozzo (SBN 333569)
3 Samhita Collur (SBN 348448)
GIRARD SHARP LLP
4
601 California Street, Suite 1400
5 San Francisco, CA 94108
Telephone: (415) 981-4800
6
dsharp@girardsharp.com
7 apolk@girardsharp.com
ngliozzo@girardsharp.com
8
scollur@girardsharp.com
9
Attorneys for Plaintiffs S.W. and V.W.
10
11 [Additional Counsel on signature page]
12
13 UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
14
15
16 S.W. and V.W. Case No. 8:24-cv-02212-SB-DFM
17 Filer: S.W. and V.W.
Plaintiff(s),
18
v.
19 ORDER ON
20 CRYOPORT, INC. STIPULATED PROTECTIVE
ORDER
21
Defendant(s).
22
23
24 1. INTRODUCTION
25 1.1 Purposes and Limitations. Discovery in this action is likely to involve
26 production of confidential, proprietary, or private information for which special
27 protection from public disclosure and from use for any purpose other than
1 stipulate to and petition the court to enter the following Stipulated Protective Order.
2 The parties acknowledge that this Order does not confer blanket protections on all
3 disclosures or responses to discovery and that the protection it affords from public
4 disclosure and use extends only to the limited information or items that are entitled
5 to confidential treatment under the applicable legal principles.
6 1.2 Good Cause Statement This action is likely to involve the disclosure of
7 highly sensitive and personal information about reproductive matters, specifically,
8 information about fertility treatments and the alleged harms connected to navigating
9 infertility, as well as confidential or sensitive information including, but not limited
10 to, trade secrets, commercial, financial, technical, and/or proprietary information,
11 for which special protection from public disclosure and from use for any purpose
12 other than prosecution of this action is warranted. Such confidential and proprietary
13 materials and information consist of, among other things, medical records regarding
14 the treatments and services the Plaintiffs received at fertility centers or other
15 healthcare facilities and documents, including mental health records, purportedly
16 demonstrating the alleged harms experienced by the Plaintiffs, as well as highly
17 confidential business information of Defendant that are of significant economic and
18 competitive value to Defendant and are protected as intellectual property —
19 information otherwise generally unavailable to the public, or which may be
20 privileged or otherwise protected from disclosure under state or federal statutes,
21 court rules, case decisions, or common law. Given the sensitive nature of the
22 information involved in the lawsuit, Plaintiffs have also filed under pseudonym, as
23 routinely allowed in cases involving the disclosure of similar information.
24 Accordingly, to expedite the flow of information, to facilitate the prompt resolution
25 of disputes over confidentiality of discovery materials, to adequately protect
26 information the parties are entitled to keep confidential, to ensure that the parties are
27 permitted reasonable necessary uses of such material in preparation for and in the
1 conduct of trial, to address their handling at the end of the litigation, and serve the
2 ends of justice, a protective order for such information is justified in this matter. It
3 is the intent of the parties that information will not be designated as confidential for
4 tactical reasons and that nothing be so designated without a good faith belief that it
5 has been maintained in a confidential, non-public manner, and there is good cause
6 why it should not be part of the public record of this case.
7 1.3 The terms of this Order shall in no way affect the right of any party to
8 withhold information based on (1) immunity from discovery on alleged grounds
9 including, but not limited to, attorney client privilege, work product doctrine, or
10 privacy rights of third parties; or (2) such information being neither relevant to any
11 claim or defense nor reasonably calculated to lead to the discovery of admissible
12 evidence.
13 1.4 Acknowledgment of Procedure for Filing Under Seal. The parties
14 further acknowledge, as set forth in Section 12.3, below, that this Stipulated
15 Protective Order does not entitle them to file confidential information under seal;
16 Local Rule 79-5 sets forth the procedures that must be followed and the standards
17 that will be applied when a party seeks permission from the court to file material
18 under seal.
19 There is a strong presumption that the public has a right of access to judicial
20 proceedings and records in civil cases. In connection with non-dispositive motions,
21 good cause must be shown to support a filing under seal. See Kamakana v. City
22 and Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of
23 Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-
24 Welbon v. Sony Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
25 protective orders require good cause showing), and a specific showing of good
26 cause or compelling reasons with proper evidentiary support and legal justification,
27 must be made with respect to Protected Material that a party seeks to file under
1 seal. The parties’ mere designation of Disclosure or Discovery Material as
2 CONFIDENTIAL does not—without the submission of competent evidence by
3 declaration, establishing that the material sought to be filed under seal qualifies as
4 confidential, privileged, or otherwise protectable—constitute good cause.
5 Further, if a party requests sealing related to a dispositive motion or trial,
6 then compelling reasons, not only good cause, for the sealing must be shown, and
7 the relief sought shall be narrowly tailored to serve the specific interest to be
8 protected. See Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir.
9 2010). For each item or type of information, document, or thing sought to be filed
10 or introduced under seal in connection with a dispositive motion or trial, the party
11 seeking protection must articulate compelling reasons, supported by specific facts
12 and legal justification, for the requested sealing order. Again, competent evidence
13 supporting the application to file documents under seal must be provided by
14 declaration.
15 Any document that is not confidential, privileged, or otherwise protectable in
16 its entirety will not be filed under seal if the confidential portions can be redacted.
17 If documents can be redacted, then a redacted version for public viewing, omitting
18 only the confidential, privileged, or otherwise protectable portions of the document,
19 shall be filed. Any application that seeks to file documents under seal in their
20 entirety should include an explanation of why redaction is not feasible.
21 2. DEFINITIONS
22 2.1 Action: This action entitled S.W., et al. v. Cryoport, Inc.
23 2.2 Challenging Party: a Party or Non-Party that challenges the designation
24 of information or items under this Order.
25 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
26 how it is generated, stored or maintained) or tangible things that qualify for
27 protection under Rule 26(c) of the Federal Rules of Civil Procedure, and as specified
1 above in the Good Cause Statement.
2 2.4 Counsel: Outside Counsel of Record and In-House Counsel (as well as
3 their support staff).
4 2.5 Designating Party: a Party or Non-Party that designates information or
5 items that it produces in disclosures or in responses to discovery as
6 “CONFIDENTIAL.”
7 2.6 Disclosure or Discovery Material: all items or information, regardless
8 of the medium or manner in which it is generated, stored, or maintained (including,
9 among other things, testimony, transcripts, and tangible things), that are produced or
10 generated in disclosures or responses to discovery in this matter.
11 2.7 Expert: a person with specialized knowledge or experience in a matter
12 pertinent to the litigation who has been retained by a Party or its counsel to serve as
13 an expert witness or as a consultant in this Action.
14 2.8 Final Disposition: the later of (1) dismissal of all claims and defenses
15 in this Action, with or without prejudice; and (2) final judgment herein after the
16 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of
17 this Action, including the time limits for filing any motions or applications for
18 extension of time pursuant to applicable law.
19 2.9 In-House Counsel: attorneys who are employees of a party to this
20 Action. In-House Counsel does not include Outside Counsel of Record or any other
21 outside counsel.
22 2.10 Non-Party: any natural person, partnership, corporation, association, or
23 other legal entity not named as a Party to this action.
24 2.11 Outside Counsel of Record: attorneys who are not employees of a party
25 to this Action but are retained to represent or advise a party to this Action and have
26 appeared in this Action on behalf of that party or are affiliated with a law firm which
27 has appeared on behalf of that party, and includes support staff.
1 2.12 Party: any party to this Action, including all of its officers, directors,
2 employees, consultants, retained experts, and Outside Counsel of Record (and their
3 support staffs).
4 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
5 Discovery Material in this Action.
6 2.14 Professional Vendors: persons or entities that provide litigation-
7 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
8 demonstrations, and organizing, storing, or retrieving data in any form or medium)
9 and their employees and subcontractors.
10 2.15 Protected Material: any Disclosure or Discovery Material that is
11 designated as “CONFIDENTIAL.”
12 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
13 from a Producing Party.
14 3. SCOPE
15 The protections conferred by this Stipulation and Order cover not only
16 Protected Material (as defined above), but also (1) any information copied or
17 extracted from Protected Material; (2) all copies, excerpts, summaries, or
18 compilations of Protected Material; and (3) any testimony, conversations, or
19 presentations by Parties or their Counsel that might reveal Protected Material.
20 Any use of Protected Material at trial shall be governed by the orders of the
21 trial judge. This Stipulated Protective Order does not govern the use of Protected
22 Material at trial.
23 4. TRIAL AND DURATION
24 The terms of this Stipulated Protective Order apply through Final Disposition
25 of the Action.
26 Once a case proceeds to trial, information that was designated as
27 CONFIDENTIAL or maintained pursuant to this Stipulated Protective Order and
1 used or introduced as an exhibit at trial becomes public and will be presumptively
2 available to all members of the public, including the press, unless compelling
3 reasons supported by specific factual findings to proceed otherwise are made to the
4 trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180–81
5 (distinguishing “good cause” showing for sealing documents produced in discovery
6 from “compelling reasons” standard when merits-related documents are part of
7 court record). Accordingly, for such materials, the terms of this Stipulated
8 Protective Order do not extend beyond the commencement of the trial.
9 Even after Final Disposition of this litigation, the confidentiality obligations
10 imposed by this Stipulated Protective Order shall remain in effect until a
11 Designating Party agrees otherwise in writing or a court order otherwise directs.
12 5. DESIGNATING PROTECTED MATERIAL
13 5.1 Exercise of Restraint and Care in Designating Material for Protection.
14 Each Party or Non-Party that designates information or items for protection under
15 this Order must take care to limit any such designation to specific material that
16 qualifies under the appropriate standards. The Designating Party must designate for
17 protection only those parts of material, documents, items, or oral or written
18 communications that qualify so that other portions of the material, documents,
19 items, or communications for which protection is not warranted are not swept
20 unjustifiably within the ambit of this Order.
21 Mass, indiscriminate, or routinized designations are prohibited. Designations
22 that are shown to be clearly unjustified or that have been made for an improper
23 purpose (e.g., to unnecessarily encumber the case development process or to
24 impose unnecessary expenses and burdens on other parties) may expose the
25 Designating Party to sanctions.
26 If it comes to a Designating Party’s attention that information or items that it
27 designated for protection do not qualify for protection, that Designating Party must
1 promptly notify all other Parties that it is withdrawing the inapplicable designation.
2 5.2 Manner and Timing of Designations. Except as otherwise provided in
3 this Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a)
4 below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that
5 qualifies for protection under this Stipulated Protective Order must be clearly so
6 designated before the material is disclosed or produced.
7 Designation in conformity with this Stipulated Protective Order requires:
8 (a) for information in documentary form (e.g., paper or electronic
9 documents, but excluding transcripts of depositions or other pretrial or trial
10 proceedings), that the Producing Party affix at a minimum, the legend
11 “CONFIDENTIAL” to each page that contains protected material. If only a
12 portion or portions of the material on a page qualifies for protection, the Producing
13 Party also must clearly identify the protected portion(s) (e.g., by making
14 appropriate markings in the margins).
15 A Party or Non-Party that makes original documents available for inspection
16 need not designate them for protection until after the inspecting Party has indicated
17 which documents it would like copied and produced. During the inspection and
18 before the designation, all of the material made available for inspection shall be
19 deemed CONFIDENTIAL. After the inspecting Party has identified the documents
20 it wants copied and produced, the Producing Party must determine which
21 documents, or portions thereof, qualify for protection under this Stipulated
22 Protective Order. Then, before producing the specified documents, the Producing
23 Party must affix the “CONFIDENTIAL” legend to each page that contains
24 Protected Material. If only a portion or portions of the material on a page qualifies
25 for protection, the Producing Party also must clearly identify the protected
26 portion(s) (e.g., by making appropriate markings in the margins).
27 (b) for testimony given in depositions that the Designating Party identify
1 the Disclosure or Discovery Material either (i) on the record before the close of the
2 deposition or (ii) at any other time as agreed by the parties, all protected testimony.
3 (c) for information produced in some form other than documentary and
4 for any other tangible items, that the Producing Party affix in a prominent place on
5 the exterior of the container or containers in which the information is stored the
6 “CONFIDENTIAL” legend. If only a portion or portions of the information
7 warrants protection, the Producing Party, to the extent practicable, shall identify the
8 protected portion(s).
9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
10 failure to designate qualified information or items does not, standing alone, waive
11 the Designating Party’s right to secure protection under this Order for such material.
12 Upon timely correction of a designation, the Receiving Party must make reasonable
13 efforts to assure that the material is treated in accordance with the provisions of this
14 Stipulated Protective Order.
15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
16 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
17 designation of confidentiality at any time that is consistent with the court’s
18 Scheduling Order.
19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
20 resolution process under Local Rule 37.1 et seq. and with Section 3 of Judge
21 McCormick’s Procedures titled “INFORMAL TELEPHONIC CONFERENCE IN
22 DISCOVERY DISPUTES.”1
23 6.3 The burden of persuasion in any such challenge proceeding shall be on
24 the Designating Party. Frivolous challenges, and those made for an improper
25 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
26
27 1 Judge McCormick’s Procedures are available at
1 parties) may expose the Challenging Party to sanctions. Unless the Designating
2 Party has waived or withdrawn the confidentiality designation, all parties shall
3 continue to afford the material in question the level of protection to which it is
4 entitled under the Producing Party’s designation until the court rules on the
5 challenge.
6 7. ACCESS TO AND USE OF PROTECTED MATERIAL
7 7.1 Basic Principles. A Receiving Party may use Protected Material that
8 is disclosed or produced by another Party or by a Non-Party in connection with this
9 Action only for prosecuting, defending, or attempting to settle this Action. Such
10 Protected Material may be disclosed only to the categories of persons and under the
11 conditions described in this Order. When the Action reaches a Final Disposition, a
12 Receiving Party must comply with the provisions of section 13 below.
13 Protected Material must be stored and maintained by a Receiving Party at a
14 location and in a secure manner that ensures that access is limited to the persons
15 authorized under this Stipulated Protective Order.
16 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
17 otherwise ordered by the court or permitted in writing by the Designating Party, a
18 Receiving Party may disclose any information or item designated
19 “CONFIDENTIAL” only:
20 (a) to the Receiving Party’s Outside Counsel of Record in this Action, as
21 well as employees of said Outside Counsel of Record to whom it is reasonably
22 necessary to disclose the information for this Action;
23 (b) to the officers, directors, and employees (including In-House Counsel)
24 of the Receiving Party to whom disclosure is reasonably necessary for this Action;
25 (c) to Experts (as defined in this Order) of the Receiving Party to whom
26 disclosure is reasonably necessary for this Action and who have signed the
27 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
1 (d) to the court and its personnel;
2 (e) to court reporters and their staff;
3 (f) to professional jury or trial consultants, mock jurors, and Professional
4 Vendors to whom disclosure is reasonably necessary for this Action and who have
5 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
6 (g) to the author or recipient of a document containing the information or
7 a custodian or other person who otherwise possessed or knew the information;
8 (h) during their depositions, to witnesses, and attorneys for witnesses, in
9 the Action to whom disclosure is reasonably necessary, provided: (1) the deposing
10 party requests that the witness sign the “Acknowledgment and Agreement to Be
11 Bound” (Exhibit A); and (2) the witness will not be permitted to keep any
12 confidential information unless they sign the “Acknowledgment and Agreement to
13 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or
14 ordered by the court. Pages of transcribed deposition testimony or exhibits to
15 depositions that reveal Protected Material may be separately bound by the court
16 reporter and may not be disclosed to anyone except as permitted under this
17 Stipulated Protective Order; and
18 (i) to any mediator or settlement officer, and their supporting personnel,
19 mutually agreed upon by any of the parties engaged in settlement discussions.
20 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
21 PRODUCED IN OTHER LITIGATION
22 If a Party is served with a subpoena or a court order issued in other litigation
23 that compels disclosure of any information or items designated in this Action as
24 “CONFIDENTIAL,” that Party must:
25 (a) promptly notify in writing the Designating Party. Such notification
26 shall include a copy of the subpoena or court order;
27 (b) promptly notify in writing the party who caused the subpoena or order
1 to issue in the other litigation that some or all of the material covered by the
2 subpoena or order is subject to this Protective Order. Such notification shall include
3 a copy of this Stipulated Protective Order; and
4 (c) cooperate with respect to all reasonable procedures sought to be
5 pursued by the Designating Party whose Protected Material may be affected.
6 If the Designating Party timely seeks a protective order, the Party served
7 with the subpoena or court order shall not produce any information designated in
8 this action as “CONFIDENTIAL” before a determination by the court from which
9 the subpoena or order issued, unless the Party has obtained the Designating Party’s
10 permission. The Designating Party shall bear the burden and expense of seeking
11 protection in that court of its confidential material and nothing in these provisions
12 should be construed as authorizing or encouraging a Receiving Party in this Action
13 to disobey a lawful directive from another court.
14 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
15 PRODUCED IN THIS LITIGATION
16 9.1 Application. The terms of this Stipulated Protective Order are
17 applicable to information produced by a Non-Party in this Action and designated as
18 “CONFIDENTIAL.” Such information produced by Non-Parties in connection with
19 this litigation is protected by the remedies and relief provided by this Order.
20 Nothing in these provisions should be construed as prohibiting a Non-Party from
21 seeking additional protections.
22 9.2 Notification. In the event that a Party is required, by a valid discovery
23 request, to produce a Non-Party’s confidential information in its possession, and the
24 Party is subject to an agreement with the Non-Party not to produce the Non-Party’s
25 confidential information, then the Party shall:
26 (a) promptly notify in writing the Requesting Party and the Non-Party
27 that some or all of the information requested is subject to a confidentiality
1 agreement with a Non-Party;
2 (b) make the information requested available for inspection by the Non-
3 Party, if requested.
4 9.3 Conditions of Production. If the Non-Party fails to seek a protective
5 order from this court within 14 days of receiving the notice and accompanying
6 information, the Producing Party may produce the Non-Party’s confidential
7 information responsive to the discovery request. If the Non-Party timely seeks a
8 protective order, the Producing Party shall not produce any information in its
9 possession or control that is subject to the confidentiality agreement with the Non-
10 Party before a determination by the court. Absent a court order to the contrary, the
11 Non-Party shall bear the burden and expense of seeking protection in this court of its
12 Protected Material.
13 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
14 If a Receiving Party learns that, by inadvertence or otherwise, it has
15 disclosed Protected Material to any person or in any circumstance not authorized
16 under this Stipulated Protective Order, the Receiving Party must immediately (a)
17 notify in writing the Designating Party of the unauthorized disclosures, (b) use its
18 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform
19 the person or persons to whom unauthorized disclosures were made of all the terms
20 of this Order, and (d) request such person or persons to execute the
21 “Acknowledgment and Agreement to Be Bound” (Exhibit A).
22 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
23 PROTECTED MATERIAL
24 When a Producing Party gives notice to Receiving Parties that certain
25 inadvertently produced material is subject to a claim of privilege or other
26 protection, the obligations of the Receiving Parties are those set forth in Rule
27 26(b)(5)(B) of the Federal Rules of Civil Procedure. This provision is not intended
1 to modify whatever procedure may be established in an e-discovery order that
2 provides for production without prior privilege review. Pursuant to Rules 502(d)
3 and (e) of the Federal Rules of Evidence, insofar as the parties reach an agreement
4 on the effect of disclosure of a communication or information covered by the
5 attorney-client privilege or work product protection, the parties may incorporate
6 their agreement in the stipulated protective order submitted to the court.
7 12. MISCELLANEOUS
8 12.1 Right to Further Relief. Nothing in this Stipulated Protective Order
9 abridges the right of any person to seek its modification by the court in the future.
10 12.2 Right to Assert Other Objections. By stipulating to the entry of this
11 Stipulated Protective Order no Party waives any right it otherwise would have to
12 object to disclosing or producing any information or item on any ground not
13 addressed in this Stipulated Protective Order. Similarly, no Party waives any right
14 to object on any ground to use in evidence of any of the material covered by this
15 Stipulated Protective Order.
16 12.3 Filing Protected Material. A Party that seeks to file under seal any
17 Protected Material must comply with Local Rule 79-5. Protected Material may
18 only be filed under seal pursuant to a court order authorizing the sealing of the
19 specific Protected Material at issue. If a Party's request to file Protected Material
20 under seal is denied by the court, then the Receiving Party may file the information
21 in the public record unless otherwise instructed by the court.
22 13. FINAL DISPOSITION
23 After the Final Disposition of this Action, as defined in paragraph 4, within
24 60 days of a written request by the Designating Party, each Receiving Party must
25 return all Protected Material to the Producing Party or destroy such material. As
26 used in this subdivision, “all Protected Material” includes all copies, abstracts,
27 compilations, summaries, and any other format reproducing or capturing any of the
1 Protected Material. Whether the Protected Material is returned or destroyed, the
2 Receiving Party must submit a written certification to the Producing Party (and, if
3 not the same person or entity, to the Designating Party) by the 60 day deadline that
4 (1) identifies (by category, where appropriate) all the Protected Material that was
5 returned or destroyed and (2) affirms that the Receiving Party has not retained any
6 copies, abstracts, compilations, summaries or any other format reproducing or
7 capturing any of the Protected Material. Notwithstanding this provision, Counsel is
8 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,
9 and hearing transcripts, legal memoranda, correspondence, deposition and trial
10 exhibits, expert reports, attorney work product, and consultant and expert work
11 product, even if such materials contain Protected Material. Any such archival
12 copies that contain or constitute Protected Material remain subject to this Protective
13 Order as set forth in Section 4.
14 14. VIOLATION
15 Any violation of this Stipulated Protective Order may be punished by any
16 and all appropriate measures including, without limitation, contempt proceedings
17 and/or monetary sanctions.
18 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
19
20 DATED: December 5, 2024 /s/ Adam E. Polk
21 Dena C. Sharp (State Bar No. 245869)
dsharp@girardsharp.com
22
Adam E. Polk (State Bar No. 273000)
23 apolk@girardsharp.com
Nina Gliozzo (State Bar No. 333569)
24
ngliozzo@girardsharp.com
25 Samhita Collur (State Bar No. 348448)
scollur@girardsharp.com
26
GIRARD SHARP LLP
27 60 I California Street, Suite 1400
l Telephone: (415) 981-4800
5 Facsimile: (415) 981-4846
3 Attorneys for Plaintiffs
4 || DATED: December 5, 2024 /s/ Sarah Trankiem
5 KEVIN D. RISING (SBN 211663)
6 kevin.rising@btlaw.com
SARAH C. TRANKIEM (SBN 235031)
7 sarah. trankiem@btlaw.com
8 NICOLE R. FUKUOKA (SBN 312133)
nfukuoka@btlaw.com
9 BARNES & THORNBURG LLP
10 2029 Century Park East, Suite 300
Los Angeles, California 90067-2904
1 Telephone: (310) 284-3880
12 Facsimile: (310) 284-3894
13 Attorneys for Defendant
14
15
16 ATTESTATION
17 Pursuant to Local Rule 5-4.3.4(a)(2)(1), the ECF filer attests that the other
18 || signatory listed, on whose behalf the filing is submitted, concurs in this filing’s
19 |} content and has authorized this filing.
20
/s/ Adam E. Polk
Adam E. Polk
22
93 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
24
25 || DATED: December 11, 2024 LG +
26 Douglas F. McCormick
27 United States Magistrate Judge
28 16
1 EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, ________________________ [print or type full name], of
4
_________________ [print or type full address], declare under penalty of perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
was issued by the United States District Court for the Central District of California
7
on [date] in the case of __________ [insert formal name of the case and the
8
number and initials assigned to it by the court]. I agree to comply with and to be
9
bound by all the terms of this Stipulated Protective Order and I understand and
10
acknowledge that failure to so comply could expose me to sanctions and punishment
11
in the nature of contempt. I solemnly promise that I will not disclose in any manner
12
any information or item that is subject to this Stipulated Protective Order to any
13
person or entity except in strict compliance with the provisions of this Order.
14
I further agree to submit to the jurisdiction of the United States District Court
15
for the Central District of California for the purpose of enforcing the terms of this
16
Stipulated Protective Order, even if such enforcement proceedings occur after
17
termination of this action. I hereby appoint ________________________ [print or
18
type full name] of _________ [print or type full address and telephone number]
19
as my California agent for service of process in connection with this action or any
20
proceedings related to enforcement of this Stipulated Protective Order.
21
22 Date: ___________________________
23 City and State where sworn and signed: ___________________________
24 Printed name: ___________________________
25 Signature: ___________________________
26
27