even stipulated protective orders require good cause showing
How later courts described this case
- even stipulated protective orders require good cause showing
Written by the judges who cited it.
The opinion
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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9 Abby Barz
Case No.: SACV 25-00918-FWS (DFMx)
10 Plaintiff(s),
11 v. STIPULATED PROTECTIVE ORDER1
12 Corso Commerce, LLC et al.
13 Defendant(s).
14
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1. INTRODUCTION
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1.1 Purposes and Limitations. Discovery in this action is likely to involve production
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of confidential, proprietary, or private information for which special protection from public
19
disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
20 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated
21 Protective Order. The parties acknowledge that this Order does not confer blanket protections on
all disclosures or responses to discovery and that the protection it affords from public disclosure
22
and use extends only to the limited information or items that are entitled to confidential treatment
23
under the applicable legal principles.
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1.2 Good Cause Statement. In this action, Plaintiff Abby Barz ("Plaintiff") alleges that
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Defendants Corso Commerce, LLC and BrüMate, Inc. (collectively, "Defendants") engaged in
26
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1 This stipulated protective order is modeled on the Central District of California’s standard form and is consistent
1 deceptive business practices by automatically adding shipping protection fees to online consumer
purchases. Plaintiff contends that these fees are deceptively included in customers' shopping carts
2
through pre-selected boxes that are difficult to notice or opt out of, are misleadingly described as
3
providing environmental or shipping protection benefits. Defendants dispute these allegations and
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maintain that the fees are optional, valuable add-ons that are clearly and conspicuously disclosed
5 to customers during checkout, with a large percentage of customers electing to opt out.
6 Defendants further assert that the shipping protection services provide significant value and
7 unconditional protection against loss, damage, or non-delivery (including theft / porch piracy),
which protection is generally not available elsewhere. As a result, Defendants contend that neither
8
Plaintiff nor any putative class members were deceived or harmed, and that individualized issues
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regarding each customer's experience and understanding will predominate, thereby precluding
10
class certification.
11 The facts of this case rest on confidential business and financial information and records,
12 including but not limited to sales and revenue data associated with the shipping protection
13 services, associated costs and expenses, customer opt-out rates, customer service data and
feedback, customer claims data, and transactional data regarding consumer purchases. Indeed, the
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parties have already exchanged discovery requests seeking these types of confidential documents.
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Accordingly, to expedite the flow of such information, to facilitate the prompt resolution of
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disputes over the confidentiality of discovery materials, to adequately protect information the
17 parties are entitled to keep confidential, to ensure that the parties are permitted reasonable and
18 necessary uses of such material in preparation for and in the conduct of trial, to address their
19 handling at the end of the litigation, and to serve the ends of justice, a protective order for such
information is justified in this matter. It is the intent of the parties that information will not be
20
designated as confidential for tactical reasons and that nothing will be so designated absent a good
21
faith belief that it has been maintained in a confidential, non-public manner, and that there is good
22
cause why it should not be part of the public record of this case.
23 1.3 Acknowledgment of Procedure for Filing Under Seal. The parties further
24 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does not
25 entitle them to file confidential information under seal; Local Rule 79-5 sets forth the procedures
that must be followed and the standards that will be applied when a party seeks permission from
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the court to file material under seal.
27
There is a strong presumption that the public has a right of access to judicial proceedings
1 and records in civil cases. In connection with non-dispositive motions, good cause must be
shown to support a filing under seal. See Kamakana v. City and Cnty. of Honolulu, 447 F.3d
2
1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd v. Gen. Motors Corp., 307 F.3d 1206,
3
1210–11 (9th Cir. 2002), Makar-Welbon v. Sony Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis.
4
1999) (even stipulated protective orders require good cause showing), and a specific showing of
5 good cause or compelling reasons with proper evidentiary support and legal justification, must be
6 made with respect to Protected Material that a party seeks to file under seal. The parties’ mere
7 designation of Disclosure or Discovery Material as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL-ATTORNEYS’ EYES ONLY” does not—without the submission of
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competent evidence by declaration, establishing that the material sought to be filed under seal
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qualifies as confidential, privileged, or otherwise protectable—constitute good cause.
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Further, if a party requests sealing related to a dispositive motion or trial, then compelling
11 reasons, not only good cause, for the sealing must be shown, and the relief sought shall be
12 narrowly tailored to serve the specific interest to be protected. See Pintos v. Pac. Creditors
13 Ass’n, 605 F.3d 665, 677–79 (9th Cir. 2010). For each item or type of information, document, or
thing sought to be filed or introduced under seal in connection with a dispositive motion or trial,
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the party seeking protection must articulate compelling reasons, supported by specific facts and
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legal justification, for the requested sealing order. Again, competent evidence supporting the
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application to file documents under seal must be provided by declaration.
17 Any document that is not confidential, privileged, or otherwise protectable in its entirety
18 will not be filed under seal if the confidential portions can be redacted. If documents can be
19 redacted, then a redacted version for public viewing, omitting only the confidential, privileged, or
otherwise protectable portions of the document, shall be filed. Any application that seeks to file
20
documents under seal in their entirety should include an explanation of why redaction is not
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feasible.
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2. DEFINITIONS
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2.1 Action: Barz. V. Corso Commerce, LLC et al., No. SACV 25-00918-FWS
24 (DFMx).
25
(a) State Court action: Barz. V. Corso Commerce, LLC et al., No. 30-2025-01460739-
26 CU-BT-CXC.
27 2.2 Challenging Party: a Party or Non-Party that challenges the designation of
1 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is
generated, stored or maintained) or tangible things that qualify for protection under Rule 26(c) of
2
the Federal Rules of Civil Procedure, and as specified above in the Good Cause Statement.
3
2.4 “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY” Information or Items:
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CONFIDENTIAL information that, despite the provisions of this Protective Order, poses a
5 substantial risk of identifiable harm to the Producing Party if disclosed to all other parties or non-
6 parties to this action.
7 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their support
staff).
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2.6 Designating Party: a Party or Non-Party that designates information or items that it
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produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY
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CONFIDENTIAL-ATTORNEYS’ EYES ONLY.”
11 2.7 Disclosure or Discovery Material: all items or information, regardless of the
12 medium or manner in which it is generated, stored, or maintained (including, among other things,
13 testimony, transcripts, and tangible things), that are produced or generated in disclosures or
responses to discovery in this matter.
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2.8 Expert: a person with specialized knowledge or experience in a matter pertinent to
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the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
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consultant in this Action.
17 2.9 Final Disposition: the later of (1) dismissal of all claims and defenses in this
18 Action, with or without prejudice; and (2) final judgment herein after the completion and
19 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, including the time
limits for filing any motions or applications for extension of time pursuant to applicable law.
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2.10 In-House Counsel: attorneys who are employees of a party to this Action. In-House
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Counsel does not include Outside Counsel of Record or any other outside counsel.
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2.11 Non-Party: any natural person, partnership, corporation, association, or other legal
23 entity not named as a Party to this action.
24 2.12 Outside Counsel of Record: attorneys who are not employees of a party to this
25 Action but are retained to represent or advise a party to this Action and have appeared in this
Action on behalf of that party or are affiliated with a law firm which has appeared on behalf of
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that party, and includes support staff.
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2.13 Party: any party to this Action, including all of its officers, directors, employees,
1 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.14 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
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Material in this Action.
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2.15 Professional Vendors: persons or entities that provide litigation- support services
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(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and
5 organizing, storing, or retrieving data in any form or medium) and their employees and
6 subcontractors.
7 2.16 Protected Material: any Disclosure or Discovery Material that is designated as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY.”
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2.17 Receiving Party: a Party that receives Disclosure or Discovery Material from a
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Producing Party.
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3. SCOPE
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The protections conferred by this Stipulation and Order cover not only Protected Material
12 (as defined above), but also (1) any information copied or extracted from Protected Material; (2)
13 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
14 conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the trial judge.
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This Stipulated Protective Order does not govern the use of Protected Material at trial.
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4. TRIAL AND DURATION
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The terms of this Stipulated Protective Order apply through Final Disposition of the
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Action.
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Once a case proceeds to trial, information that was designated as “CONFIDENTIAL” or
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“HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” or maintained pursuant to this
21 Stipulated Protective Order and used or introduced as an exhibit at trial becomes public and will
22 be presumptively available to all members of the public, including the press, unless compelling
23 reasons supported by specific factual findings to proceed otherwise are made to the trial judge in
advance of the trial. See Kamakana, 447 F.3d at 1180–81 (distinguishing “good cause” showing
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for sealing documents produced in discovery from “compelling reasons” standard when merits-
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related documents are part of court record). Accordingly, for such materials, the terms of this
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Stipulated Protective Order do not extend beyond the commencement of the trial.
27 Even after Final Disposition of this litigation, the confidentiality obligations imposed by
1 in writing or a court order otherwise directs.
5. DESIGNATING PROTECTED MATERIAL
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5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party
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or Non-Party that designates information or items for protection under this Order must take care to
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limit any such designation to specific material that qualifies under the appropriate standards. The
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Designating Party must designate for protection only those parts of material, documents, items, or
6 oral or written communications that qualify so that other portions of the material, documents,
7 items, or communications for which protection is not warranted are not swept unjustifiably within
8 the ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations that are
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shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
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unnecessarily encumber the case development process or to impose unnecessary expenses and
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burdens on other parties) may expose the Designating Party to sanctions.
12 If it comes to a Designating Party’s attention that information or items that it designated
13 for protection do not qualify for protection, that Designating Party must promptly notify all other
14 Parties that it is withdrawing the inapplicable designation.
15 5.2 Manner and Timing of Designations. Except as otherwise provided in this
16 Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this
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Stipulated Protective Order must be clearly so designated before the material is disclosed or
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produced.
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Designation in conformity with this Stipulated Protective Order requires:
20 5.1 (a) for information in documentary form (e.g., paper or electronic documents, but
21 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
22 affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-
ATTORNEYS’ EYES ONLY” to each page that contains protected material. If only a portion or
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portions of the material on a page qualifies for protection, the Producing Party also must clearly
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identify the protected portion(s) (e.g., by making appropriate markings in the margins).
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A Party or Non-Party that makes original documents available for inspection need not
26 designate them for protection until after the inspecting Party has indicated which documents it
27 would like copied and produced. During the inspection and before the designation, all of the
1 CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the
documents it wants copied and produced, the Producing Party must determine which documents,
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or portions thereof, qualify for protection under this Stipulated Protective Order. Then, before
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producing the specified documents, the Producing Party must affix the “CONFIDENTIAL” or
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“HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY” legend to each page that contains
5 Protected Material. If only a portion or portions of the material on a page qualifies for
6 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by
7 making appropriate markings in the margins).
(b) for testimony given in depositions that the Designating Party identify the
8
Disclosure or Discovery Material on the record, before the close of the deposition all protected
9
testimony.
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(c) for information produced in some form other than documentary and for any other
11 tangible items, that the Producing Party affix in a prominent place on the exterior of the container
12 or containers in which the information is stored the “CONFIDENTIAL” or “HIGHLY
13 CONFIDENTIAL-ATTORNEYS’ EYES ONLY” legend. If only a portion or portions of the
information warrants protection, the Producing Party, to the extent practicable, shall identify the
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protected portion(s).
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5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
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designate qualified information or items does not, standing alone, waive the Designating Party’s
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right to secure protection under this Order for such material. Upon timely correction of a
18 designation, the Receiving Party must make reasonable efforts to assure that the material is treated
19 in accordance with the provisions of this Stipulated Protective Order.
20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
22 confidentiality at any time that is consistent with the court’s Scheduling Order.
6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
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process under Local Rule 37.1 et seq. and with Section 2 of Judge Christensen’s Civil Procedures
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titled “Brief Pre-Discovery Motion Conference.”
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6.3 The burden of persuasion in any such challenge proceeding shall be on the
26 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass
27 or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party
1 designation, all parties shall continue to afford the material in question the level of protection to
which it is entitled under the Producing Party’s designation until the court rules on the challenge.
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7. ACCESS TO AND USE OF PROTECTED MATERIAL
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7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed
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or produced by another Party or by a Non-Party in connection with this Action only for
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prosecuting, defending, or attempting to settle this Action. Such Protected Material may be
6 disclosed only to the categories of persons and under the conditions described in this Order.
7 When the Action reaches a Final Disposition, a Receiving Party must comply with the provisions
8 of section 13 below.
Protected Material must be stored and maintained by a Receiving Party at a location and
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in a secure manner that ensures that access is limited to the persons authorized under this
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Stipulated Protective Order.
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7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
12 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may
13 disclose any information or item designated “CONFIDENTIAL” only:
14 (a) to the Receiving Party’s Outside Counsel of Record in this Action, as well as
employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
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information for this Action;
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(b) to the officers, directors, and employees (including House Counsel) of the
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Receiving Party to whom disclosure is reasonably necessary for this Action;
18 (c) to Experts (as defined in this Order) of the Receiving Party to whom disclosure is
19 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement
20 to Be Bound” (Exhibit A);
(d) to the court and its personnel;
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(e) to court reporters and their staff;
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(f) to professional jury or trial consultants, mock jurors, and Professional Vendors to
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whom disclosure is reasonably necessary for this Action and who have signed the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A);
25 (g) to the author or recipient of a document containing the information or a custodian
26 or other person who otherwise possessed or knew the information;
27 (h) during their depositions, to witnesses, and attorneys for witnesses, in the Action to
1 witness sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (2) the
witness will not be permitted to keep any confidential information unless they sign the
2
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the
3
Designating Party or ordered by the court. Pages of transcribed deposition testimony or exhibits
4
to depositions that reveal Protected Material may be separately bound by the court reporter and
5 may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and
6 (i) to any mediator or settlement officer, and their supporting personnel, mutually
7 agreed upon by any of the parties engaged in settlement discussions.
7.3 Disclosure of “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY”
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Information or Items. Unless otherwise ordered by the court or permitted in writing by the
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Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY
10
CONFIDENTIAL-ATTORNEYS’ EYES ONLY” only:
11 (a) to the Receiving Party’s Outside Counsel of Record in this Action, as well as
12 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
13 information for this Action;
(b) to Experts (as defined in this Order) of the Receiving Party to whom disclosure is
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reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement
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to Be Bound” (Exhibit A);
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(c) to the court and its personnel;
17 (d) to court reporters and their staff;
18 (e) during their depositions, to witnesses, and attorneys for witnesses, in the Action to
19 whom disclosure is reasonably necessary, provided: (1) the deposing party requests that the
witness sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (2) the
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witness will not be permitted to keep any confidential information or items, unless otherwise
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agreed by the Designating Party or ordered by the court. Pages of transcribed deposition
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testimony or exhibits to depositions that reveal Protected Material may be separately bound by
23 the court reporter and may not be disclosed to anyone except as permitted under this Stipulated
24 Protective Order; and
25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION
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If a Party is served with a subpoena or a court order issued in other litigation that compels
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1 “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY” that Party must:
2 (a) promptly notify in writing the Designating Party. Such notification shall include a
copy of the subpoena or court order;
3
(b) promptly notify in writing the party who caused the subpoena or order to issue in
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the other litigation that some or all of the material covered by the subpoena or order is subject to
5
this Protective Order. Such notification shall include a copy of this Stipulated Protective Order;
6 and
7 (c) cooperate with respect to all reasonable procedures sought to be pursued by the
8 Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with the
9
subpoena or court order shall not produce any information designated in this action as
10
“CONFIDENTIAL or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY” before a
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determination by the court from which the subpoena or order issued, unless the Party has
12 obtained the Designating Party’s permission. The Designating Party shall bear the burden and
13 expense of seeking protection in that court of its confidential material and nothing in these
14 provisions should be construed as authorizing or encouraging a Receiving Party in this Action to
disobey a lawful directive from another court.
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9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
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THIS LITIGATION
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9.1 Application. The terms of this Stipulated Protective Order are applicable to
18 information produced by a Non-Party in this Action and designated as “CONFIDENTIAL” or
19 “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” Such information produced by
20 Non-Parties in connection with this litigation is protected by the remedies and relief provided by
this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from
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seeking additional protections.
22
9.2 Notification. In the event that a Party is required, by a valid discovery request, to
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produce a Non-Party’s confidential information in its possession, and the Party is subject to an
24 agreement with the Non-Party not to produce the Non-Party’s confidential information, then the
25 Party shall:
26 (a) promptly notify in writing the Requesting Party and the Non-Party that some or
all of the information requested is subject to a confidentiality agreement with a Non-Party;
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1 requested.
9.3 Conditions of Production. If the Non-Party fails to seek a protective order from
2
this court within 14 days of receiving the notice and accompanying information, the Receiving
3
Party may produce the Non-Party’s confidential information responsive to the discovery request.
4
If the Non-Party timely seeks a protective order, the Receiving Party shall not produce any
5 information in its possession or control that is subject to the confidentiality agreement with the
6 Non-Party before a determination by the court. Absent a court order to the contrary, the Non-
7 Party shall bear the burden and expense of seeking protection in this court of its Protected
Material.
8
10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
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Material to any person or in any circumstance not authorized under this Stipulated Protective
11
Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the
12 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
13 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were
14 made of all the terms of this Order, and (d) request such person or persons to execute the
“Acknowledgment and Agreement to Be Bound” (Exhibit A).
15
16 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
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When a Producing Party gives notice to Receiving Parties that certain inadvertently
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produced material is subject to a claim of privilege or other protection, the obligations of the
19
Receiving Parties are those set forth in Rule 26(b)(5)(B) of the Federal Rules of Civil Procedure.
20
This provision is not intended to modify whatever procedure may be established in an e-
21 discovery order that provides for production without prior privilege review. Pursuant to Rules
22 502(d) and (e) of the Federal Rules of Evidence, insofar as the parties reach an agreement on the
23 effect of disclosure of a communication or information covered by the attorney-client privilege or
work product protection, the parties may incorporate their agreement in the stipulated protective
24
order submitted to the court.
25
12. MISCELLANEOUS
26
12.1 Right to Further Relief. Nothing in this Stipulated Protective Order abridges the
27
right of any person to seek its modification by the court in the future.
1 Protective Order no Party waives any right it otherwise would have to object to disclosing or
producing any information or item on any ground not addressed in this Stipulated Protective
2
Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of
3
the material covered by this Stipulated Protective Order.
4
12.3 Filing Protected Material. A Party that seeks to file under seal any Protected
5 Material must comply with Local Rule 79-5. Protected Material may only be filed under seal
6 pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a
7 Party's request to file Protected Material under seal is denied by the court, then the Receiving
Party may file the information in the public record unless otherwise instructed by the court.
8
13. FINAL DISPOSITION
9
After the Final Disposition of this Action, as defined in paragraph 4, within 60 days of a
10
written request by the Designating Party, each Receiving Party must return all Protected Material
11
to the Producing Party or destroy such material. As used in this subdivision, “all Protected
12 Material” includes all copies, abstracts, compilations, summaries, and any other format
13 reproducing or capturing any of the Protected Material. Whether the Protected Material is
14 returned or destroyed, the Receiving Party must submit a written certification to the Producing
Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that
15
(1) identifies (by category, where appropriate) all the Protected Material that was returned or
16
destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts,
17
compilations, summaries or any other format reproducing or capturing any of the Protected
18 Material. Notwithstanding this provision, Counsel is entitled to retain an archival copy of all
19 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
20 correspondence, deposition and trial exhibits, expert reports, attorney work product, and
consultant and expert work product, even if such materials contain Protected Material. Any such
21
archival copies that contain or constitute Protected Material remain subject to this Protective
22
Order as set forth in Section.
23
///
24
///
25
///
26
///
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1 14. VIOLATION
> Any violation of this Stipulated Protective Order may be punished by any and all
3 appropriate measures including, without limitation, contempt proceedings and/or monetary
sanctions.
4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
5
6 DATED: July 7, 2025 /s/ Amanda J. Rosenberg
7
Amanda J. Rosenberg
8 Sophia G. Gold
Jeffrey D. Kaliel
9 KALIELGOLD PLLC
10 Attorneys for Plaintiff and the Putative Class
1]
DATED: July 7, 2025 /s/ Cary Sullivan
13
14 Cary Sullivan
Darren Cottriel
15 JONES DAY
16 Attorneys for Defendants
17
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19 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
20
21 DATED: July 8, 2025 +
DOUGLAS F. MCCORMICK
United States Magistrate Judge
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199
1 EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2
3 I, ________________________ [print or type full name], of _________________
4 [print or type full address], declare under penalty of perjury that I have read in its entirety and
understand the Stipulated Protective Order that was issued by the United States District Court
5
for the Central District of California on [date] in the case of __________ [insert formal
6
name of the case and the number and initials assigned to it by the court]. I agree to
7
comply with and to be bound by all the terms of this Stipulated Protective Order and I
8 understand and acknowledge that failure to so comply could expose me to sanctions and
9 punishment in the nature of contempt. I solemnly promise that I will not disclose in any
10 manner any information or item that is subject to this Stipulated Protective Order to any person
or entity except in strict compliance with the provisions of this Order.
11
I further agree to submit to the jurisdiction of the United States District Court for the
12
Central District of California for the purpose of enforcing the terms of this Stipulated Protective
13
Order, even if such enforcement proceedings occur after termination of this action. I hereby
14 appoint ________________________ [print or type full name] of _________ [print or type
15 full address and telephone number] as
16 my California agent for service of process in connection with this action or any proceedings
related to enforcement of this Stipulated Protective Order.
17
18
Date: ___________________________
19
City and State where sworn and signed:
20 ___________________________
Printed name: ___________________________
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Signature: ___________________________
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1 Signature Certification
2 Pursuant to Local Rule 5-4.3.4(a)(2), I hereby certify that all other signatories listed, on
3 whose behalf this filing is submitted, concur with the contents of this filing and have authorized
4 the filing.
5 /s/ Cary Sullivan
Cary Sullivan
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