Opinion

Badger Daylighting Corp. v. Dig Alert Done Right, LLC

Court
District Court, E.D. California
Filed
Apr 2, 2025
Cited by
0 cases

The opinion

1 WKAORMENBL MEc BLAOUNRDI ND IBCUKRINESSHO N(S B(UNS )1 5L0L9P99 )

2 Karen.buresh@wbd-us.com

400 Spectrum Center Dr., Suite 1700

3 Irvine, CA 92618-5015

Telephone: 657.266.1027

4

Attorneys for Plaintiff and Crossdefendant

5 Badger Daylighting Corp

6 KIRKLAND LAW OFFICE

ALEXIA D. KIRKLAND (SBN: 279426)

7 21250 Hawthrone Boulevard, Suite 500

Torrance, CA 90503-5514

8 Telephone: 559.884.5528

Email: akirkland@kirklandlawcalifornia.com

9

BUCHALTER, A Professional Corporation

10 JARRETT S. OSBORNE-REVIS (SBN: 289193)

500 Capitol Mall, Suite 1900

11 Sacramento, CA 95814

Telephone: 916.945.5170

12 Email: josbornerevis@buchalter.com

13 Attorneys for Defendant and Countercomplainant

Digging Done Right, L.L.C.

14

15

16

UNITED STATES DISTRICT COURT

17

EASTERN DISTRICT OF CALIFORNIA

18

SACRAMENTO DIVISION

19

BADGER DAYLIGHTING CORP., Case No. 2:24-cv-01678-JDP

20

Plaintiff, [PROPOSED] STIPULATED

21 PROTECTIVE ORDER

vs.

22

DIGGING DONE RIGHT, L.L.C. (dba

23 HYDRO PROS)

24 Defendant.

25 DIGGING DONE RIGHT, L.L.C. (dba

HYDRO PROS)

26

Defendant and

27 Countercomplainant,

28

1 vs.

2 BADGER DAYLIGHTING CORP.,

3 Plaintiff and Cross-

Defendant.

4

5 STIPULATION

6 Plaintiff and Cross Defendant Badger Daylighting Corporation (“Badger”)

7 and Defendant and Countercomplainant Digging Done Right, L.L.C. (“Digging

8 Done Right” and together with Badger “Parties”), jointly request, under Federal

9 Rule of Civil Procedure 26(c), that the Court enter this Stipulated Protective Order

10 as an order of the Court, as follows:

11 1. PURPOSES AND LIMITATIONS

12 Disclosure and discovery activity in this action will likely involve producing

13 confidential, proprietary, or private information for which special protection from

14 disclosure and use for any purpose other than prosecuting this litigation may be

15 warranted. Accordingly, the parties stipulate to and petition the court to enter the

16 following Stipulated Protective Order. The Parties acknowledge that this Order

17 does not confer blanket protections on all disclosures or responses to discovery.

18 The protection from disclosure or use under this Stipulated Protective Order

19 extends only to the information or items entitled to confidential treatment under the

20 applicable legal principles that fall within the scope of Protected Material as

21 defined in Section 3 of this Stipulated Protective Order. The parties also

22 acknowledge that entry of this Stipulated Protective Order does not prevent a

23 Producing Party from attempting to maintain confidentiality or other rights by

24 either not producing or redacting information that is privileged, protected, or

25 subject to privacy rights, and entry of this Order does not mean a Receiving Party

26 cannot challenge such non-production or redaction. The parties further

27 acknowledge, as outlined in Section 13.3 below, that this Stipulated Protective

28 Order does not entitle them to file confidential information under seal; Civil Local

1 Rule 141 sets forth the procedures that must be followed and the standards that will

2 be applied when a party seeks permission from the court to file material under seal.

3 2. DEFINITIONS

4 2.1 Authorized Third Party: Experts and professional jury or trial

5 consultants, mock jurors, and Professional Vendors to whom disclosure is

6 reasonably necessary for this litigation.

7 2.2 Challenging Party: a Party or Non-Party that challenges the

8 designation of information or items under this Order.

9 2.3 “CONFIDENTIAL” Information or Items (also referred to as

10 “Confidential Information”): information (regardless of how it is generated, stored,

11 or maintained) or tangible things that qualify for protection under Federal Rule of

12 Civil Procedure 26(c).

13 2.4 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or

14 Items (also referred to as “Attorneys’ Eyes Only Confidential Information”):

15 information (regardless of how it is generated, stored or maintained) or tangible

16 things that qualify for protection under Federal Rule of Civil Procedure 26(c) such

17 that, because of the nature of the information, the Designating Party in good faith

18 reasonably believes disclosure should be limited to only the attorneys for the

19 Receiving Party.

20 2.5 Counsel of Record: attorneys who are retained or employed to

21 represent or advise a party to this action and have appeared in this action on behalf

22 of that Party or are affiliated with a law firm that has appeared on behalf of that

23 Party.

24 2.6 Designating Party: a Party or Non-Party that designates information or

25 items it produces in disclosures or responses to discovery as “CONFIDENTIAL” or

26 “CONFIDENTIAL ATTORNEYS’ EYES ONLY.”

27 2.7 Disclosure or Discovery Material: all items or information, regardless

28 of the medium or manner in which it is generated, stored, or maintained (including,

1 among other things, testimony, transcripts, and tangible things), that are produced

2 or generated in disclosures or responses to discovery in this matter.

3 2.8 Expert: a person with specialized knowledge or experience in a matter

4 pertinent to the litigation who has been previously qualified as an expert in a court

5 of law in the specific field of expertise for which they are being retained and who

6 has been retained by a Party or its counsel to serve as an expert witness or as a

7 consultant in this action.

8 2.9 Non-Party: any natural person, partnership, corporation, association, or

9 other legal entity not named as a Party to this action.

10 2.10 Party: any party to this action, including its officers, directors,

11 employees, consultants, retained experts, and Outside Counsel of Record (and their

12 support staff).

13 2.11 Producing Party: a Party or Non-Party that produces Disclosure or

14 Discovery Material in this action.

15 2.12 Professional Vendors: persons or entities that provide litigation

16 support services (e.g., photocopying, videotaping, translating, preparing exhibits or

17 demonstrations, and organizing, storing, or retrieving data in any form or medium)

18 and their employees and subcontractors.

19 2.13 Protected Material: any Disclosure or Discovery Material that is

20 designated as either “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’

21 EYES ONLY” that falls within the scope of the information eligible for protection

22 under Local Rule 141.1(c) as outlined in Section 3 below.

23 2.14 Receiving Party: a Party that receives Disclosure or Discovery

24 Material from a Producing Party.

25 3. SCOPE/DESCRIPTION OF INFORMATION ELIGIBLE FOR

26 PROTECTION

27 The protections conferred by this Stipulation and Order are not intended, and

28 should not be construed, as a blanket protective order contrary to San Jose Mercury

1 News, Inc. v. U.S. Dist. Court--N. Dist. (San Jose), 187 F.3d 1096, 1103 (9th Cir.

2 1999) (“[B]lanket orders are inherently subject to challenge and modification, as

3 the party resisting disclosure generally has not made a particularized showing of

4 good cause with respect to any individual document.”).

5 Under Local Rule 141.1(c)(1), the term “Protected Material” shall consist of

6 the following types of information eligible for protection:

7 (a) Documents containing trade secrets, commercially sensitive

8 information, or propriety information of Badger;

9 (b) Digging Done Right’s tax returns (state or federal), financial

10 statements, and bank statements;

11 (c) Documents containing Digging Done Right’s and Badger’s

12 financial information; and

13 (d) Documents containing personal information regarding any

14 employees, agents, or representatives of Badger or Digging

15 Done Right.

16 Notwithstanding categories 3(a)-(d), the protections conferred by this Stipulation

17 and Order do not cover the following information: (i) any information that is in the

18 public domain at the time of disclosure to a Receiving Party or becomes part of the

19 public domain after its disclosure to a Receiving Party as a result of publication not

20 involving a violation of this Order, including becoming part of the public record

21 through trial or otherwise; and (ii) any information known to the Receiving Party

22 before the disclosure or obtained by the Receiving Party after the disclosure from a

23 source who obtained the information lawfully and under no obligation of

24 confidentiality to the Designating Party. Further, nothing in this Stipulation and

25 Order prevents a party from seeking entry of a protective order for documents not

26 identified in categories 3(a)-(d). A separate agreement or order shall govern any use

27 of Protected Material at trial.

28 Under Local Rule 141.1(c)(2), a protective order is needed for categories

1 3(a)-(d) because: (1) Federal Rule of Civil Procedure 26(c) permits a defendant to

2 obtain a protective order to prevent the disclosure of its trade secrets or proprietary

3 information; (2) disclosure of Badger’s trade secrets, commercially sensitive or

4 propriety information would cause severe damage and ; (3) Digging Done Right’s

5 tax returns (state or federal) are subject to privilege and right to privacy under

6 California law; (4) Digging Done Right’s financial statements and bank statements

7 are not readily available and disclosure of such confidential information may cause

8 Digging Done Right’s embarrassment, oppression, or undue burden or expense; and

9 (5) disclosure of documents containing personal information regarding any

10 employees, agents or representatives of Badger or Digging Done Right would cause

11 such persons from annoyance, embarrassment, oppression, or undue burden or

12 expense.

13 Under Local Rule 141.1(c)(3), a court order is necessary to protect the

14 Parties’ rights. Unlike a private agreement, a violation of the court order provides

15 the Parties remedies as permitted under applicable law. Further, if the Parties

16 believe that this Stipulated Protective Order needs modification or if documents are

17 improperly identified as Protected Material, the appropriate remedy is to seek from

18 this Court relief from this Stipulated Protective Order. A private agreement does not

19 afford the parties these protections or remedies.

20 4. DURATION

21 Even after the final disposition of this litigation, the confidentiality

22 obligations imposed by this Order shall remain in effect until a Designating Party

23 agrees otherwise in writing or a court order otherwise directs. Final disposition

24 shall be deemed to be the later of (1) dismissal of all claims and defenses in this

25 action, with or without prejudice; and (2) final judgment herein after the completion

26 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

27 including the time limits for filing any motions or applications for extension of time

28 under applicable law.

1 5. DESIGNATING PROTECTED MATERIAL

2 5.1 Exercise of Restraint and Care in Designating Material for Protection.

3 Each Party or Non-Party that designates information or items for protection under

4 this Order must limit any such designation to specific material that qualifies under

5 the appropriate standards. The Designating Party must designate for protection only

6 those parts of materials, documents, items, or oral or written communications that

7 qualify – so that other portions of the materials, documents, items, or

8 communications for which protection is not warranted are not swept unjustifiably

9 within this Order.

10 By designating any information or items as Protected Material, the

11 Designating Party and its counsel represent, in good faith, that such designation is

12 appropriate to maintain the confidential nature of the information based on a

13 reasonable belief of confidentiality.

14 Mass, indiscriminate, or routinized designations of materials, documents,

15 items, or communications that do not qualify as confidential or protected are

16 prohibited. Designations that are shown to be unjustified or that have been made for

17 an improper purpose (e.g., to unnecessarily encumber or hinder the case

18 development process or to impose unnecessary expenses and burdens on other

19 parties) expose the Designating Party to sanctions.

20 If it comes to a Designating Party’s attention that information or items

21 designated for protection do not qualify, that Designating Party must promptly

22 notify all other Parties that it is withdrawing the mistaken designation.

23 5.2 Manner and Timing of Designations. Except as otherwise provided in

24 this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material

25 that qualifies for protection under this Order must be clearly designated before the

26 material is disclosed or produced.

27

28

1 Designation in conformity with this Order requires:

2 (a) for information in documentary form (e.g., paper or electronic documents,

3 but excluding transcripts of depositions or other pretrial or trial

4 proceedings), that the Producing Party affix the legend

5 “CONFIDENTIAL”, “CONFIDENTIAL PURSUANT TO

6 PROTECTIVE ORDER” or “CONFIDENTIAL – ATTORNEYS’ EYES

7 ONLY” (as the case may be) to each page that contains Protected

8 Material. If only a portion or portions of the material on a page qualify for

9 protection, the Producing Party also must clearly identify, to the extent

10 reasonably practicable, the protected portion(s) (e.g., by making

11 appropriate marking in the margins).

12 (b) for testimony given in deposition or in other pretrial or trial proceedings

13 that the Designating Party identifies on the record, before the close of the

14 deposition, hearing, or other proceeding, all testimony that is Protected

15 Material.

16 (c) for information produced in some form other than documentary and for

17 any other tangible items that the Producing Party affixs in a prominent

18 place on the exterior of the container or containers in which the

19 information or item is stored the legend “CONFIDENTIAL”,

20 “CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER” or

21 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” as the case may be.

22 If only a portion or portions of the information or item warrant protection,

23 the Producing Party, to the extent reasonably practicable, shall identify

24 the protected portion(s).

25 5.3 Inadvertent Failures to Designate. If timely corrected, in no event no

26 later than 90 (ninety) days after production thereof, an inadvertent failure to

27 designate qualified information or items does not waive the Designating Party’s

28 right to secure protection under this Order for such material. Upon timely correction

1 of a designation, the Receiving Party must make reasonable efforts to assure that

2 the material is treated under the provisions of this Order.

3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

4 6.1 Timing of Challenges. Any Party may challenge a designation of

5 Protected Material as set forth herein. In the event that counsel for a Party

6 receiving Documents, Testimony or Information in discovery designated as

7 “Confidential” under the terms of this Stipulation and Order objects to such

8 designation with respect to any or all of such items, said counsel shall advise

9 counsel for the Designating Party within thirty (30) days of receiving such

10 designated Documents, Testimony or Information , in writing, of such objections,

11 the specific Documents, Testimony or Information to which each objection

12 pertains, and the specific reasons and support for such objections (the “Designation

13 Objections”). The time period set forth herein may be extended as agreed to by

14 both parties. Such agreement shall be confirmed in writing.

15 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

16 resolution process by providing written notice (which may be by email) of each

17 designation challenged and of the basis for each challenge. To avoid ambiguity as

18 to whether a challenge has been made, the written notice must recite that the

19 challenge to the Protected Material is being made under this specific paragraph of

20 this Protective Order. The parties shall attempt to resolve each challenge in good

21 faith and must begin the process by conferring directly (in voice-to-voice dialogue;

22 other forms of communication are not sufficient) within 14 days of the date of the

23 transmission of the notice. In conferring, the Challenging Party must explain the

24 basis for its belief that the designation of Protected Material was not proper and

25 must allow the Designating Party to review the designated material, to reconsider

26 the circumstances, and, if no change in designation is offered, to explain the basis

27 for the chosen designation. A Challenging Party may proceed to the next stage of

28 the challenge process only if it has engaged in this meet and confer process first or

1 establishes that the Designating Party is unwilling to participate in the meet and

2 confer process within 14 days of the date of transmission of the notice.

3 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without

4 court intervention, any Party or Non-Party may seek relief from the Court, either by

5 motion under Local Rule 251 or under the informal telephonic conference

6 procedure of Magistrate Judge Jeremy Peterson.

7 Frivolous challenges or refusals to change a designation of Protected

8 Material, and those made for an improper purpose (e.g., to harass or impose

9 unnecessary expenses and burdens on other parties) may expose the offending Party

10 to sanctions. All parties shall continue to afford the material in question the level of

11 protection to which it is entitled under the Producing Party’s designation until either

12 (i) the parties expressly agree in writing to the contrary or (ii) the court rules in

13 favor of the challenge. The burden of persuasion in any challenge proceeding shall

14 be on the Designating Party.

15 7. ACCESS TO AND USE OF PROTECTED MATERIAL

16 7.1 Basic Principles. A Receiving Party may use Protected Material that is

17 disclosed or produced by another Party or by a Non-Party in connection with this

18 case only for purposes of this lawsuit (including any appeals). Such Protected

19 Material may be disclosed only to the categories of persons and under the

20 conditions described in this Order. When the litigation has been terminated, a

21 Receiving Party must comply with the provisions of section 16 below.

22 Protected Material must be stored and maintained by a Receiving Party at a

23 location and in a secure manner that ensures that access is limited to the persons

24 authorized under this Order. See Section 15, below.

25 7.2.1 Disclosure of CONFIDENTIAL INFORMATION. Unless otherwise

26 ordered by the court or expressly permitted in writing by the Designating Party,

27 Protected Material produced under this Order and marked as CONFIDENTIAL

28 INFORMATION may be disclosed only to the following persons:

1 (a) Counsel of Record and employees of Counsel of Record and their co-

2 counsel, including attorneys, support staff, legal assistants, paralegals, investigators,

3 and clerical staff who are engaged in assisting in this action.

4 (b) Parties and their employees.

5 (c) Experts (as defined in this Order) of the Receiving Party to whom

6 disclosure is reasonably necessary for this litigation and who have signed the

7 “Acknowledgment and Agreement to Be Bound” (Exhibit A) (also referred to as a

8 “Third Party Confirmation”).

9 (d) Professional jury or trial consultants, mock jurors, and Professional

10 Vendors to whom disclosure is reasonably necessary for this litigation and who

11 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).

12 (e) The court and its personnel (but only per paragraph 13.3, below).

13 (f) Court or shorthand reporters, deposition videographers, and their staff.

14 (g) During their depositions, Non-Party witnesses in the action. The Party

15 wishing to use Protected Material during the deposition of a Non-Party witness

16 shall consult with the Designating Party, and, if the Designating Party so requests,

17 shall require the witness to sign the “Acknowledgment and Agreement to Be

18 Bound” (Exhibit A) before being presented with any Protected Material. At the

19 request of the Designating Party, any exhibit containing Protected Material and any

20 pages containing transcribed deposition testimony that reveals Protected Material

21 may be separately bound by the court reporter and may not be disclosed to anyone

22 except as permitted under this Stipulated Protective Order.

23 (h) The author or recipient of a document containing the information or a

24 custodian or other person who otherwise possessed or knew the information.

25 7.2.2 Disclosure of CONFIDENTIAL – ATTORNEYS’ EYES ONLY

26 INFORMATION. Unless otherwise ordered by the court or expressly authorized in

27 writing by the Designating Party, Protected Material produced under this Order and

28 marked as CONFIDENTIAL – ATTORNEYS’ EYES ONLY may be disclosed

1 only to those persons identified in paragraph 7.2.1. (a) and (c).

2 7.3 Depositions. As a condition to a party’s ability in the course of a

3 deposition to (a) mark as an exhibit in deposition any Protected Material or (b)

4 designate any question or answer at deposition as Protected Material, counsel shall

5 do all of the following at or before the time the court reporter receives such

6 Protected Material:

7 (a) The Party (or counsel) marking the exhibit or designating the question

8 or answer as Protected Material shall direct the court reporter to place such

9 Protected Material under seal.

10 (b) The Party (or counsel) marking the exhibit or designating the question

11 or answer as Protected Material shall give a copy of this Protective Order and the

12 Third Party Confirmation to the court reporter and obtain the signature of the court

13 reporter on the Third Party Confirmation.

14 8. DEPOSITION TRANSCRIPT PAGES.

15 Deposition transcript pages containing Protected Material must be separately

16 bound by the court reporter, who must affix to the top of each such page the legend

17 “CONFIDENTIAL” as instructed by the Party offering or sponsoring the witness or

18 presenting the testimony. The Parties may modify this procedure for any particular

19 deposition or proceeding by express oral stipulation on the deposition record or

20 expressly in writing without further order of the Court, in either case making

21 express reference to this paragraph 8.

22 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED

23 PRODUCED IN OTHER LITIGATION

24 If a Party is served with a subpoena or a court order issued in other litigation

25 that compels disclosure of any information or items designated in this action as

26 “CONFIDENTIAL” or CONFIDENTIAL – ATTORNEYS’ EYES ONLY, that

27 Party must:

28 (a) promptly notify in writing the Designating Party. Such notification

1 shall include a copy of the subpoena or court order;

2 (b) promptly notify in writing the Party who caused the subpoena or order

3 to be issued in the other litigation that some or all of the material covered by the

4 subpoena or order is subject to this Protective Order. Such notification shall include

5 a copy of this Stipulated Protective Order; and,

6 (c) cooperate with all reasonable procedures sought to be pursued by the

7 Designating Party whose Protected Material may be affected.

8 If the Designating Party timely seeks a protective order, the Party served with

9 the subpoena or court order shall not produce any information designated in this

10 action as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES

11 ONLY” before a determination by the court from which the subpoena or order

12 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

14 court of its Protected Material – and nothing in these provisions should be

15 construed as authorizing or encouraging a Receiving Party in this action to disobey

16 a lawful directive from another court.

17 10. A NONPARTY'S PROTECTED MATERIAL SOUGHT TO BE

18 PRODUCED IN THIS LITIGATION

19 (a) This Order’s terms apply to information produced by a Non-Party in

20 this action and designated as either “CONFIDENTIAL” or “CONFIDENTIAL –

21 ATTORNEYS’ EYES ONLY”. Such information produced by Non-Parties in

22 connection with this litigation is protected by the provisions, procedures, remedies,

23 and relief provided by this Order. Nothing in this Order prohibits a Party or Non-

24 Party from seeking additional protections or modifications to the protective

25 designation.

26 (b) If a Party is required, by a valid discovery request, to produce a Non-

27 Party’s Protected Material in its possession, and the Party is subject to an agreement

28 with the Non-Party not to produce the Non-Party’s Protected Material, then the

1 Party shall:

2 (1) Promptly notify in writing the Requesting Party and the Non-Party

3 that some or all of the information requested is subject to a

4 Stipulated confidentiality agreement with a Non-Party;

5 (2) Promptly provide the Non-Party with a copy of the Stipulated

6 Protective Order in this litigation, the relevant discovery request(s),

7 and a reasonably specific description of the information requested;

8 and

9 (3) Make the information requested available for inspection by the

10 Non-Party.

11 (c) If the Non-Party fails to object or seek a protective order from this

12 court within 14 days of receiving the notice and accompanying information, the

13 Receiving Party may produce the Non-Party’s confidential information responsive

14 to the discovery request. If the Non-Party timely seeks a protective order or other

15 relief, the Receiving Party shall not produce any information in its possession or

16 control subject to the confidentiality agreement with the Non-Party before a

17 determination by the court. Absent a court order to the contrary, the Non-Party shall

18 bear the burden and expense of seeking protection of its Protected Material in this

19 court.

20 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

22 Protected Material to any person or in any circumstance not authorized under this

23 Stipulated Protective Order, the Receiving Party must immediately (a) use its best

24 efforts to retrieve all unauthorized copies of the Protected Material, (b) inform the

25 person or persons to whom unauthorized disclosures were made of all the terms of

26 this Order, and (c) request such person or persons to execute the “Acknowledgment

27 and Agreement to Be Bound” that is attached hereto as Exhibit A.

28

1 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2 PROTECTED MATERIAL

3 If a Producing Party gives notice to a Receiving Party that material it

4 inadvertently produced is subject to a claim of privilege or other protection, the

5 obligations of the Receiving Party are those outlined in Federal Rule of Civil

6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever

7 procedure may be established in an e-discovery order that provides for production

8 without prior privilege review. Under Federal Rule of Evidence 502(d) and (e),

9 insofar as the parties reach an agreement on the effect of disclosure of a

10 communication or information covered by the attorney-client privilege or work

11 product protection, the parties may incorporate their agreement in the stipulated

12 protective order submitted to the court.

13 13. MISCELLANEOUS

14 13.1 Right to Further Relief. Nothing in this Protective Order shall prevent

15 the Parties from amending or modifying this Protective Order (but no amendment

16 or modification is enforceable unless it is in a writing, signed by each of the Parties,

17 that expressly states it amends or modifies this Protective Order, and entered as an

18 order), nor shall it prevent any Party from moving for amendment or modification

19 of this Protective Order or other relief either during or after the conclusion of this

20 lawsuit.

21 13.2 Right to Assert Other Objections. By stipulating to the entry of this

22 Protective Order, no Party waives any right it otherwise would have to object to

23 disclosing or producing any information or item on any ground. Similarly, no Party

24 waives any right to object on any ground to use in evidence of any of the material

25 covered by this Protective Order.

26 13.3 Use of Protected Material. A Receiving Party wishing to file or submit

27 Protected Material to or with the Court, including without limitation in any

28 proceeding in this case or on any appeal (such as, without limitation, in connection

1 with a motion or trial) may not do so until it has obtained either express written

2 consent of the Designating Party or an order of the Court under either Local Rule

3 141 or 141.1 or otherwise, but may do so by filing the Protected Material in

4 camera.

5 13.4 Right to Use Own Material. Nothing in this Protective Order shall

6 limit a Party’s right to use its own Protected Material as it deems appropriate.

7 13.5 Consent to Jurisdiction. Anyone who receives any Protected Material

8 agrees to the jurisdiction of this Court for any proceedings related to performance

9 under, compliance with, or violation of this Order.

10 13.6 Attorneys’ Fees and Costs. If there is a breach of this Protective Order,

11 the prevailing Party shall be entitled to recover its attorneys’ fees and costs incurred

12 as a result of the breach and in enforcing this Protective Order under Federal Rule

13 of Civil Procedure 37.

14 14. MAINTENANCE OF WRITTEN RECORD

15 Counsel for each Party shall maintain, through the conclusion of this action,

16 including any appeals, a written record of the date on which each Authorized Third

17 Party was provided with any Confidential Information, a copy of this Protective

18 Order, and each Third Party Confirmation.

19 15. SAFEKEEPING

20 Each Party and their counsel shall maintain the Protected Material in a folder

21 or other container (whether in paper or electronic form) in a manner designed to

22 preserve the confidential nature of it. The outside of such folder or container shall

23 be conspicuously marked or titled “CONFIDENTIAL”, “CONFIDENTIAL

24 PURSUANT TO PROTECTIVE ORDER” or “CONFIDENTIAL –

25 ATTORNEYS’ EYES ONLY” (as the case may be) and, if in paper form, shall

26 have a copy of this protective order affixed to the outside of it in a manner designed

27 to provide reasonable notice that the folder or container contains confidential

28 records or information.

1 16. EFFECTIVE UPON SIGNING BY COUNSEL

2 After this Stipulation and Protective Order has been signed by counsel for all

3 Parties, it shall be presented to the Court for entry. Counsel agree to be bound by

4 the terms set forth herein with regard to any Confidential Materials that have been

5 produced before the Court signs this Stipulation and Protective Order.

6 17. FINAL DISPOSITION

7 Within 30 days after the conclusion of this lawsuit and any appeals, as

8 defined in paragraph 4, each Receiving Party shall, at the option of the Designating

9 Party, which it shall designate expressly in writing, either return or destroy all

10 Protected Material received from the Designating Party. Counsel shall certify in

11 writing the return or destruction of all such information.

12 Dated: March 31, 2025 WOMBLE BOND DICKSON (US)

LLP

13

14 /s/ Karen McLaurin Buresh

KAREN McLAURIN BURESH

15

Attorneys for Plaintiff and

16 Counterdefendant

Badger Daylighting Corp.

17

18

Dated: March 31, 2025 BUCHALTER, A PROFESSIONAL

19 CORPORATION

20

/s/ Jarrett S. Osborne-Revis

21 JARRETT S. OSBORNE-REVIS

22 KIRKLAND LAW of CALIFORNIA

ALEXIA D. KIRKLAND

23

Attorneys for Defendant and

24 Countercomplainant

Digging Done Right, L.L.C.

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28

| ORDER

2 The Court, having reviewed the above Stipulated Protective Order, and good

3|| cause appearing, enters this Stipulated Protective Order as an Order of the Court.

IT IS SO ORDERED.

5 /

Dated: _ April 1, 2025 ssn (aoe

7 JEREMY D. PETERSON

UNITED STATES MAGISTRATE JUDGE

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fPROPOSED} STIPULATED PROTECTIVE Case No. 2:24-cv-01678-JDP

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, __________________ [print or type full name], of ______________ [print

4 or type full address], declare under penalty of perjury that I have read in its entirety

5 and understand the Stipulated Protective Order that was issued by the United States

6 District Court for the Eastern District of California on

7 ____________________[date] in the case of Badger Daylighting Corporation v.

8 Digging Done Right, L.L.C. (dba Hydropros), et al., Case No. 2:24-cv-01678-JDP.

9 I agree to comply with and to be bound by all the terms of this Stipulated Protective

10 Order, and I understand and acknowledge that failure to so comply could expose

11 me to penalties, including without limitation sanctions and punishment like

12 contempt. I solemnly promise that I will not disclose in any manner any

13 information or item that is subject to this Stipulated Protective Order to any person

14 or entity except in strict compliance with the provisions of this Order. If I am

15 entering into this Acknowledgment and Agreement as an expert retained by a party

16 to this case or its counsel, I represent I have specialized knowledge or experience in

17 a matter pertinent to this lawsuit, I have been previously qualified as an expert in a

18 court of law in the specific field of expertise for which I am being retained in this

19 case, and I have been retained by a party to this case or its counsel to serve as an

20 expert witness or as a consultant in this lawsuit. I represent and acknowledge that if

21 anything designated as CONFIDENTIAL – ATTORNEYS’ EYES ONLY has been

22 disclosed to me, I will not disclose it or anything in it or about it (as defined in

23 “Scope,” in paragraph 3, above), to anyone other than the actual attorney who

24 retained me, and that means I cannot disclose it to, among others, the Party whom

25 the attorney represents.

26 I further agree to submit to the jurisdiction of the United States District Court

27 for the Eastern District of California to enforce the terms of this Stipulated

28 Protective Order, even if such enforcement proceedings occur after the termination

1 of this action.

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Date:

3 City and State where sworn and signed:

Printed name:

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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