The opinion
1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11 RIVA ON THE RIVER HOMEOWNERS Case No. 2:24-cv-02782-CSK
ASSOCIATION,
12 ORDER GRANTING MODIFIED
Plaintiff, STIPULATED PROTECTIVE ORDER
13
v. (ECF No. 23)
14
THE MANAGEMENT ASSOCIATION,
15 INC., DBA THE MANAGEMENT
TRUST,
16
Defendant.
17
18 The Court has reviewed the parties’ stipulated protective order below (ECF No.
19 23), and finds it comports with the relevant authorities and the Court’s Local Rule. See
20 L.R. 141.1. The Court APPROVES the protective order, subject to the following
21 clarification.
22 The Court’s Local Rules indicate that once an action is closed, it “will not retain
23 jurisdiction over enforcement of the terms of any protective order filed in that action.”
24 L.R. 141.1(f); see Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584,
25 at *2 (E.D. Cal. Oct. 29, 2012) (noting that courts in the district generally do not retain
26 / / /
27 / / /
28 / / /
1 || jurisdiction for disputes concerning protective orders after closure of the case). Thus, the
2 || Court will not retain jurisdiction over this protective order once the case is closed.
3
4 || Dated: May 5, 2025 C iy s □□
5 CHI SOO KIM
6 UNITED STATES MAGISTRATE JUDGE
7
8 || 4, riva 2782.24
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
-2-
28 | STIPULATED PROTECTIVEORDER—“‘(‘C □□□ □□□□□□□□□□□
Case No. 2:24-cv-02782-CSK
1 Fletcher C. Alford, SBN 152314
falford@grsm.com
2 Kevin Liu, SBN 295287
kliu@grsm.com
3 Myles Lanzone, SBN 257791
mlanzone@grsm.com
4 GORDON REES SCULLY MANSUKHANI, LLP
315 Pacific Avenue
5 San Francisco, California 94111
Telephone: (415) 986-5900
6 Facsimile: (415) 986-8054
7 Attorneys for Defendant
THE MANAGEMENT ASSOCIATION, INC., dba
8 THE MANAGEMENT TRUST
9
IN THE UNITED STATES DISTRICT COURT
10
FOR THE EASTERN DISTRICT OF CALIFORNIA
11
12
RIVA ON THE RIVER HOMEOWNERS Case No. 2:24-cv-02782-CSK
13 ASSOCIATION on behalf of itself and all
others similarly situated, STIPULATED PROTECTIVE ORDER
14
Plaintiff,
15
v.
16
THE MANAGEMENT ASSOCIATION, INC.,
17 dba THE MANAGEMENT TRUST, a
California Corporation,
18
Defendant.
19
20
1. PURPOSES AND LIMITATIONS
21
Disclosure and discovery activity in this action are likely to involve production of
22
confidential, proprietary, or private information for which special protection from public disclosure
23
and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly,
24
the parties hereby stipulate to and petition the court to enter the following Stipulated Protective
25
Order. The parties acknowledge that this Order does not confer blanket protections on all
26
disclosures or responses to discovery and that the protection it affords from public disclosure and
27
-3-
28 STIPULATED PROTECTIVE ORDER
1 use extends only to the limited information or items that are entitled to confidential treatment under
2 the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below,
3 that this Stipulated Protective Order does not entitle them to file confidential information under
4 seal; the Eastern District of California’s Local Rule 141 sets forth the procedures that must be
5 followed and the standards that will be applied when a party seeks permission from the court to file
6 material under seal.
7 2. DEFINITIONS
8 2.1 Challenging Party: a Party or Non-Party that challenges the designation of
9 information or items under this Order.
10 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is
11 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of
12 Civil Procedure 26(c), and includes:
13 (a) Proprietary and confidential business financial information and/or records including
14 financial statements, ledgers, balance sheets, budgets, income and expense statements, bank
15 statements, account reconciliations, financial audits, accountings;
16 (b) Confidential consumer information of Plaintiff’s current and/or former members,
17 including name, address, telephone number, property owned, credit and payment history, adverse
18 credit actions, and other related personal information;
19 (c) Records of internal and confidential disputes between Plaintiff and any of its members;
20 (d) Minutes of Plaintiff’s meetings including closed confidential executive sessions;
21 (e) Contracts or agreements between either Party and a third party relating to services
22 provided or to be provided, and communications relating to those contracts or agreements;
23 (f) Correspondence or communications between Plaintiff and any of its members or board
24 members that reference internal and confidential disputes between Plaintiff and any of its
25 members;
26
27
-4-
28 STIPULATED PROTECTIVE ORDER
1 (g) Confidential customer information of Defendant’s current, former, or potential
2 customers, including contact information, contracts, financial records, data, and communications
3 regarding financial performance or services related to actual or potential customers.
4 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well
5 as their support staff).
6 2.4 Designating Party: a Party or Non-Party that designates information or items that it
7 produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
8 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium
9 or manner in which it is generated, stored, or maintained (including, among other things, testimony,
10 transcripts, and tangible things), that are produced or generated in disclosures or responses to
11 discovery in this matter.
12 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to
13 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
14 consultant in this action.
15 2.7 House Counsel: attorneys who are employees of a party to this action. House
16 Counsel does not include Outside Counsel of Record or any other outside counsel.
17 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal
18 entity not named as a Party to this action.
19 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action
20 but are retained to represent or advise a party to this action and have appeared in this action on
21 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
22 2.10 Party: any party to this action, including all of its officers, directors, employees,
23 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
24 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
25 Material in this action.
26 2.12 Professional Vendors: persons or entities that provide litigation support services
27 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,
-5-
28 STIPULATED PROTECTIVE ORDER
1 storing, or retrieving data in any form or medium) and their employees and subcontractors.
2 2.13 Protected Material: any Disclosure or Discovery Material that is designated as
3 “CONFIDENTIAL.”
4 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a
5 Producing Party.
6 3. SCOPE
7 The protections conferred by this Stipulation and Order cover not only Protected Material
8 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all
9 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
10 conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
11 However, the protections conferred by this Stipulation and Order do not cover the following
12 information: (a) any information that is in the public domain at the time of disclosure to a Receiving
13 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of
14 publication not involving a violation of this Order, including becoming part of the public record
15 through trial or otherwise; and (b) any information known to the Receiving Party prior to the
16 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the
17 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of
18 Protected Material at trial shall be governed by a separate agreement or order.
19 4. DURATION
20 Even after final disposition of this litigation, the confidentiality obligations imposed by this
21 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
22 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and
23 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion
24 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the
25 time limits for filing any motions or applications for extension of time pursuant to applicable law.
26 5. DESIGNATING PROTECTED MATERIAL
27 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or
-6-
28 STIPULATED PROTECTIVE ORDER
1 Non-Party that designates information or items for protection under this Order must take care to
2 limit any such designation to specific material that qualifies under the appropriate standards. The
3 Designating Party must designate for protection only those parts of material, documents, items, or
4 oral or written communications that qualify – so that other portions of the material, documents,
5 items, or communications for which protection is not warranted are not swept unjustifiably within
6 the ambit of this Order.
7 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown
8 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily
9 encumber or retard the case development process or to impose unnecessary expenses and burdens
10 on other parties) expose the Designating Party to sanctions.
11 If it comes to a Designating Party’s attention that information or items that it designated for
12 protection do not qualify for protection, that Designating Party must promptly notify all other
13 Parties that it is withdrawing the mistaken designation.
14 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order
15 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
16 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
17 designated before the material is disclosed or produced.
18 Designation in conformity with this Order requires:
19 (a) For information in documentary form (e.g., paper or electronic documents, but
20 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
21 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion
22 or portions of the material on a page qualifies for protection, the Producing Party also must clearly
23 identify the protected portion(s) (e.g., by making appropriate markings in the margins).
24 A Party or Non-Party that makes original documents or materials available for inspection need not
25 designate them for protection until after the inspecting Party has indicated which material it would
26 like copied and produced. During the inspection and before the designation, all of the material made
27 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
-7-
28 STIPULATED PROTECTIVE ORDER
1 identified the documents it wants copied and produced, the Producing Party must determine which
2 documents, or portions thereof, qualify for protection under this Order. Then, before producing the
3 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page
4 that contains Protected Material. If only a portion or portions of the material on a page qualifies for
5 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making
6 appropriate markings in the margins).
7 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the
8 Designating Party identify on the record, before the close of the deposition, hearing, or other
9 proceeding, all protected testimony. When it is impractical to identify separately each portion of
10 testimony that is entitled to protection and/or it appears that substantial portions of the testimony
11 may qualify for protection, the Designating Party may invoke on the record (before the deposition,
12 hearing, or other proceeding is concluded) a right to have up to 21 days to identify the specific
13 portions of the testimony as to which protection is sought (“21 Day Period”). This interim
14 protection shall apply until the Designating Party confirms it has identified all protected portions or
15 the 21 Day Period expires, whichever comes first. Thereafter, only those portions of the testimony
16 that are designated for protection within the 21 days shall be covered by the provisions of this
17 Stipulated Protective Order.
18 (c) for information produced in some form other than documentary and for any other
19 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or
20 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a
21 portion or portions of the information or item warrant protection, the Producing Party, to the extent
22 practicable, shall identify the protected portion(s).
23 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
24 designate qualified information or items does not, standing alone, waive the Designating Party’s
25 right to secure protection under this Order for such material. Upon timely correction of a
26 designation, the Receiving Party must make reasonable efforts to assure that the material is treated
27 in accordance with the provisions of this Order.
-8-
28 STIPULATED PROTECTIVE ORDER
1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
3 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
4 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
5 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
6 challenge a confidentiality designation by electing not to mount a challenge promptly after the
7 original designation is disclosed.
8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process
9 by providing written notice of each designation it is challenging and describing the basis for each
10 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must
11 recite that the challenge to confidentiality is being made in accordance with this specific paragraph
12 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must
13 begin the process by conferring directly (in voice to voice dialogue; other forms of communication
14 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging
15 Party must explain the basis for its belief that the confidentiality designation was not proper and
16 must give the Designating Party an opportunity to review the designated material, to reconsider the
17 circumstances, and, if no change in designation is offered, to explain the basis for the chosen
18 designation. A Challenging Party may proceed to the next stage of the challenge process only if it
19 has engaged in this meet and confer process first or establishes that the Designating Party is
20 unwilling to participate in the meet and confer process in a timely manner.
21 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court
22 intervention, the Designating Party shall file and serve a motion pursuant to Local Rule 251 and
23 U.S. Magistrate Judge Chi Soo Kim’s Civil Standing Orders, section II.A. (or seek informal
24 resolution pursuant to section II.B.) to retain confidentiality within 21 days of the initial notice of
25 challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve
26 their dispute, whichever is earlier. Each such motion must be accompanied by a competent
27 declaration affirming that the movant has complied with the meet and confer requirements imposed
-9-
28 STIPULATED PROTECTIVE ORDER
1 in the preceding paragraph and Local Rule 251(b), or the parties shall submit a joint statement
2 pursuant to Local Rule 251(c). Failure by the Designating Party to make such a motion including
3 the required declaration within 21 days (or 14 days, if applicable) shall automatically waive the
4 confidentiality designation for each challenged designation. In addition, the Challenging Party may
5 file a motion pursuant to Local Rule 251 and U.S. Magistrate Judge Chi Soo Kim’s Civil Standing
6 Orders, section II.A. (or seek informal resolution pursuant to section II.B.) challenging a
7 confidentiality designation at any time if there is good cause for doing so, including a challenge to
8 the designation of a deposition transcript or any portions thereof. Any motion brought pursuant to
9 this provision must be accompanied by a competent declaration affirming that the movant has
10 complied with the meet and confer requirements imposed by the preceding paragraph and Local
11 Rule 251(b), or the parties shall submit a joint statement pursuant to Local Rule 251(c).
12 The burden of persuasion in any such challenge proceeding shall be on the Designating
13 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose
14 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.
15 Unless the Designating Party has waived the confidentiality designation by failing to file a motion
16 to retain confidentiality as described above, all parties shall continue to afford the material in
17 question the level of protection to which it is entitled under the Producing Party’s designation until
18 the court rules on the challenge.
19 7. ACCESS TO AND USE OF PROTECTED MATERIAL
20 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
21 produced by another Party or by a Non-Party in connection with this case only for prosecuting,
22 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
23 the categories of persons and under the conditions described in this Order. When the litigation has
24 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
25 DISPOSITION).
26 Protected Material must be stored and maintained by a Receiving Party at a location and in a
27 secure manner that ensures that access is limited to the persons authorized under this Order.
-10-
28 STIPULATED PROTECTIVE ORDER
1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
2 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
3 information or item designated “CONFIDENTIAL” only to:
4 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees
5 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information
6 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is
7 attached hereto as Exhibit A;
8 (b) the officers, directors, and employees (including House Counsel) of the Receiving
9 Party to whom disclosure is reasonably necessary for this litigation and who have signed the
10 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
11 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
12 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement
13 to Be Bound” (Exhibit A);
14 (d) the court and its personnel;
15 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and
16 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have
17 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (f) during their depositions, witnesses in the action to whom disclosure is reasonably
19 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
20 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
21 deposition testimony or exhibits to depositions that reveal Protected Material must be separately
22 bound by the court reporter and may not be disclosed to anyone except as permitted under this
23 Stipulated Protective Order.
24 (g) the author or recipient of a document containing the information or a custodian or
25 other person who otherwise possessed or knew the information.
26
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
27
-11-
28 STIPULATED PROTECTIVE ORDER
1 LITIGATION
2 If a Party is served with a subpoena or a court order issued in other litigation that compels
3 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party
4 must:
5 (a) promptly notify in writing the Designating Party. Such notification shall include a
6 copy of the subpoena or court order;
7 (b) promptly notify in writing the party who caused the subpoena or order to issue in the
8 other litigation that some or all of the material covered by the subpoena or order is subject to this
9 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
10 (c) cooperate with respect to all reasonable procedures sought to be pursued by the
11 Designating Party whose Protected Material may be affected.
12 If the Designating Party timely seeks a protective order, the Party served with the subpoena
13 or court order shall not produce any information designated in this action as “CONFIDENTIAL”
14 before a determination by the court from which the subpoena or order issued, unless the Party has
15 obtained the Designating Party’s permission. The Designating Party shall bear the burden and
16 expense of seeking protection in that court of its confidential material – and nothing in these
17 provisions should be construed as authorizing or encouraging a Receiving Party in this action to
18 disobey a lawful directive from another court.
19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
20 LITIGATION
21 (a) The terms of this Order are applicable to information produced by a Non-Party in this
22 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in
23 connection with this litigation is protected by the remedies and relief provided by this Order.
24 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional
25 protections.
26 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-
27 Party’s confidential information in its possession, and the Party is subject to an agreement with the
-12-
28 STIPULATED PROTECTIVE ORDER
1 Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
2 (1) promptly notify in writing the Requesting Party and the Non-Party that some or
3 all of the information requested is subject to a confidentiality agreement with a Non-Party;
4 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in
5 this litigation, the relevant discovery request(s), and a reasonably specific description of the
6 information requested; and
7 (3) make the information requested available for inspection by the Non-Party.
8 (c) If the Non-Party fails to object or seek a protective order from this court within 14
9 days of receiving the notice and accompanying information, the Receiving Party may produce the
10 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely
11 seeks a protective order, the Receiving Party shall not produce any information in its possession or
12 control that is subject to the confidentiality agreement with the Non-Party before a determination by
13 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of
14 seeking protection in this court of its Protected Material.
15 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
16 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
17 Material to any person or in any circumstance not authorized under this Stipulated Protective Order,
18 the Receiving Party must immediately (a) notify in writing the Designating Party of the
19 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected
20 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the
21 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and
22 Agreement to Be Bound” that is attached hereto as Exhibit A.
23 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
24 MATERIAL
25 When a Producing Party gives notice to Receiving Parties that certain inadvertently
26 produced material is subject to a claim of privilege or other protection, the obligations of the
27 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision
-13-
28 STIPULATED PROTECTIVE ORDER
1 is not intended to modify whatever procedure may be established in an e-discovery order that
2 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d)
3 and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or
4 information covered by the attorney-client privilege or work product protection, the parties may
5 incorporate their agreement in the stipulated protective order submitted to the court.
6 12. MISCELLANEOUS
7 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to
8 seek its modification by the court in the future.
9 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order
10 no Party waives any right it otherwise would have to object to disclosing or producing any
11 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
12 Party waives any right to object on any ground to use in evidence of any of the material covered by
13 this Protective Order.
14 12.3 Filing Protected Material. Without written permission from the Designating Party or
15 a court order secured after appropriate notice to all interested persons, a Party may not file in the
16 public record in this action any Protected Material. A Party that seeks to file under seal any
17 Protected Material must comply with the Eastern District of California’s Local Rule 141. Protected
18 Material may only be filed under seal pursuant to a court order authorizing the sealing of the
19 specific Protected Material at issue. A sealing order will issue only upon a request establishing that
20 the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to
21 protection under the law. If a Receiving Party's request to file Protected Material under seal
22 pursuant to the Eastern District of California’s Local Rule 141 is denied by the court, then the
23 Receiving Party may file the information in the public record unless otherwise instructed by the
24 court.
25 13. FINAL DISPOSITION
26 Within 60 days after the final disposition of this action, as defined in paragraph 4, each
27 Receiving Party must return all Protected Material to the Producing Party or destroy such material.
-14-
28 STIPULATED PROTECTIVE ORDER
1 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
2 summaries, and any other format reproducing or capturing any of the Protected Material. Whether
3 the Protected Material is returned or destroyed, the Receiving Party must submit a written
4 certification to the Producing Party (and, if not the same person or entity, to the Designating Party)
5 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material
6 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,
7 abstracts, compilations, summaries or any other format reproducing or capturing any of the
8 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy
9 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
10 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant
11 and expert work product, even if such materials contain Protected Material. Any such archival
12 copies that contain or constitute Protected Material remain subject to this Protective Order as set
13 forth in Section 4 (DURATION).
14
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
15
16 Dated: May 1, 2025 MORGAN & MORGAN COMPLEX
LITIGATION GROUP
17
18
By: /s/ Marie N. Appel
19 Marie N. Appel
Attorneys for Plaintiff
20
21
Dated: May 1, 2025 GORDON REES SCULLY MANSUKHANI,
LLP
22
23
By: /s/ Kevin Liu
24
Fletcher C. Alford
25 Kevin Liu
Myles Lanzone
26 Attorneys for Defendant
THE MANAGEMENT ASSOCIATION, INC.,
27 dba THE MANAGEMENT TRUST
-15-
28 STIPULATED PROTECTIVE ORDER
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________ [print or type full name], of _________________ [print or
4 type 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
6 District of California on [date] in the case of ___________ [insert formal name of the case and
7 the number and initials assigned to it by the court]. I agree to comply with and to be bound by
8 all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so
9 comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise
10 that I will not disclose in any manner any information or item that is subject to this Stipulated
11 Protective Order to any person or entity except in strict compliance with the provisions of this
12 Order.
13 I further agree to submit to the jurisdiction of the United States District Court for the Eastern
14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even
15 if such enforcement proceedings occur after termination of this action.
16 I hereby appoint __________________________ [print or type full name] of
17 _______________________________________ [print or type full address and telephone number]
18 as my California agent for service of process in connection with this action or any proceedings
19 related to enforcement of this Stipulated Protective Order.
20
Date: ______________________________________
21 City and State where sworn and signed: _________________________________
22 Printed name: _______________________________
23 Signature: __________________________________
24
25
26
27
-16-
28 STIPULATED PROTECTIVE ORDER