Opinion

1 Christopher Campbell, Esq. (309234)

ccampbell@lydecker.com

2

Bryan Miller, Esq. (178134)

3 bmiller@lydecker.com

LYDECKER

4

523 West Sixth Street, Suite 716

5 Los Angeles, CA 90014

Ph: (213) 226-7068

6

Fax: (213) 293-4425

7

Attorneys for Defendants SMITH POWER PRODUCTS, INC.,

8

JEFF EATON, and JOHN DE LA HUNT

9

10 IN THE UNITED STATES DISTRICT COURT

11

FOR THE CENTRAL DISTRICT OF CALIFORNIA

12

(WESTERN DIVISION)

13

14

BEAU CRIGLER, an individual, Case No.: 2:25-cv-02494-MWF-RAO

15 Assigned to: Hon. Michael W.

Plaintiff, Fitzgerald

16

vs.

17 STIPULATED PROTECTIVE

SMITH POWER PRODUCTS, INC., a ORDER

18

Delaware corporation; JEFF EATON,

19 an individual; JOHN DE LA HUNT, an

individual; and DOES 1-25, inclusive. Complaint Filed: September 6, 2024

20

Defendants. Removed: March 21, 2025

21 Trial Date: August 18, 2026

22

23 1. A. PURPOSES AND LIMITATIONS

24 Discovery in this action is likely to involve production of confidential,

25 proprietary or private information for which special protection from public

26 disclosure and from use for any purpose other than prosecuting this litigation may

27 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

1 Order does not confer blanket protections on all disclosures or responses to

2 discovery and that the protection it affords from public disclosure and use extends

3 only to the limited information or items that are entitled to confidential treatment

4 under the applicable legal principles.

5 B. GOOD CAUSE STATEMENT

6 There is good cause to grant this Stipulated Protective Order regarding

7 Plaintiff’s psychiatric and/or psychological records, given the highly sensitive and

8 private nature of the information they contain. Medical and psychological records

9 are protected under the Health Insurance Portability and Accountability Act

10 (HIPAA), and disclosure of such records would directly undermine these

11 confidential protections. To ensure compliance with HIPAA and to safeguard

12 Plaintiff’s privacy, these records should be subject to a protective order.

13 Both parties have agreed to this order, recognizing that it serves their mutual

14 interests. For Plaintiff, it protects the confidentiality of sensitive information and

15 supports his claim for damages related to severe emotional distress. For Defendants,

16 it is advantageous because the records may provide evidence demonstrating that they

17 are not liable for Plaintiff’s alleged emotional distress damages. Granting this

18 protective order is therefore necessary to balance the parties’ needs for discovery

19 with Plaintiff’s right to privacy, while supporting an orderly and efficient

20 progression of the matter for all involved.

21 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

22 SEAL

23 The parties further acknowledge, as set forth in Section 12.3, below, that this

24 Stipulated Protective Order does not entitle them to file confidential information

25 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

26 and the standards that will be applied when a party seeks permission from the court

27 to file material under seal.

1 There is a strong presumption that the public has a right of access to judicial

2 proceedings and records in civil cases. In connection with non-dispositive motions,

3 good cause must be shown to support a filing under seal. See Kamakana v. City and

4 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors

5 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics,

6 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require

7 good cause showing), and a specific showing of good cause or compelling reasons

8 with proper evidentiary support and legal justification, must be made with respect to

9 Protected Material that a party seeks to file under seal. The parties’ mere designation

10 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the

11 submission of competent evidence by declaration, establishing that the material

12 sought to be filed under seal qualifies as confidential, privileged, or otherwise

13 protectable—constitute good cause.

14 Further, if a party requests sealing related to a dispositive motion or trial, then

15 compelling reasons, not only good cause, for the sealing must be shown, and the

16 relief sought shall be narrowly tailored to serve the specific interest to be protected.

17 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For

18 each item or type of information, document, or thing sought to be filed or introduced

19 under seal in connection with a dispositive motion or trial, the party seeking

20 protection must articulate compelling reasons, supported by specific facts and legal

21 justification, for the requested sealing order. Again, competent evidence supporting

22 the application to file documents under seal must be provided by declaration.

23 Any document that is not confidential, privileged, or otherwise protectable in

24 its entirety will not be filed under seal if the confidential portions can be redacted.

25 If documents can be redacted, then a redacted version for public viewing, omitting

26 only the confidential, privileged, or otherwise protectable portions of the document

27 shall be filed. Any application that seeks to file documents under seal in their

1 2. DEFINITIONS

2 2.1 Action: BEAU CRIGLER v. SMITH POWER PRODUCTS, INC., a

3 Delaware corporation; JEFF EATON, an individual; JOHN DE LA HUNT, an

4 individual; and DOES 1 through 25, inclusive.

5 2.2 Challenging Party: a Party or Non-Party that challenges the

6 designation of information or items under this Order.

7 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

8 how it is generated, stored or maintained) or tangible things that qualify for

9 protection under Federal Rule of Civil Procedure 26(c), and as specified above in

10 the Good Cause Statement.

11 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

12 their support staff).

13 2.5 Designating Party: a Party or Non-Party that designates information

14 or items that it produces in disclosures or in responses to discovery as

15 “CONFIDENTIAL.”

16 2.6 Disclosure or Discovery Material: all items or information, regardless

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

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

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

20 2.7 Expert: a person with specialized knowledge or experience in a matter

21 pertinent to the litigation who has been retained by a Party or its counsel to serve as

22 an expert witness or as a consultant in this Action.

23 2.8 House Counsel: attorneys who are employees of a party to this Action.

24 House Counsel does not include Outside Counsel of Record or any other outside

25 counsel.

26 2.9 Non-Party: any natural person, partnership, corporation, association or

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

1 2.10 Outside Counsel of Record: attorneys who are not employees of a party

2 to this Action but are retained to represent or advise a party to this Action and have

3 appeared in this Action on behalf of that party or are affiliated with a law firm that

4 has appeared on behalf of that party, and includes support staff.

5 2.11 Party: any party to this Action, including all of its officers, directors,

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

7 support staffs).

8 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

9 Discovery Material in this Action.

10 2.13 Professional Vendors: persons or entities that provide litigation support

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

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

13 and their employees and subcontractors.

14 2.14 Protected Material: any Disclosure or Discovery Material that is

15 designated as “CONFIDENTIAL.”

16 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

17 from a Producing Party.

18 3. SCOPE

19 The protections conferred by this Stipulation and Order cover not only

20 Protected Material (as defined above), but also (1) any information copied or

21 extracted from Protected Material; (2) all copies, excerpts, summaries, or

22 compilations of Protected Material; and (3) any testimony, conversations, or

23 presentations by Parties or their Counsel that might reveal Protected Material.

24 Any use of Protected Material at trial shall be governed by the orders of the

25 trial judge. This Order does not govern the use of Protected Material at trial.

26 4. DURATION

27 Once a case proceeds to trial, information that was designated as

1 as an exhibit at trial becomes public and will be presumptively available to all

2 members of the public, including the press, unless compelling reasons supported by

3 specific factual findings to proceed otherwise are made to the trial judge in advance

4 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

5 showing for sealing documents produced in discovery from “compelling reasons”

6 standard when merits-related documents are part of court record). Accordingly, the

7 terms of this protective order do not extend beyond the commencement of the trial.

8 5. DESIGNATING PROTECTED MATERIAL

9 5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

11 this Order must take care to limit any such designation to specific material that

12 qualifies under the appropriate standards. The Designating Party must designate for

13 protection only those parts of material, documents, items or oral or written

14 communications that qualify so that other portions of the material, documents, items

15 or communications for which protection is not warranted are not swept unjustifiably

16 within the ambit of this Order.

17 Mass, indiscriminate or routinized designations are prohibited. Designations

18 that are shown to be clearly unjustified or that have been made for an improper

19 purpose (e.g., to unnecessarily encumber the case development process or to impose

20 unnecessary expenses and burdens on other parties) may expose the Designating

21 Party to sanctions.

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

23 designated for protection do not qualify for protection, that Designating Party must

24 promptly notify all other Parties that it is withdrawing the inapplicable designation.

25 5.2 Manner and Timing of Designations. Except as otherwise provided in

26 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

27 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

1 under this Order must be clearly so designated before the material is disclosed or

2 produced.

3 Designation in conformity with this Order requires:

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

5 documents, but excluding transcripts of depositions or other pretrial or trial

6 proceedings), that the Producing Party affix at a minimum, the legend

7 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

8 contains protected material. If only a portion of the material on a page qualifies for

9 protection, the Producing Party also must clearly identify the protected portion(s)

10 (e.g., by making appropriate markings in the margins).

11 A Party or Non-Party that makes original documents available for inspection

12 need not designate them for protection until after the inspecting Party has indicated

13 which documents it would like copied and produced. During the inspection and

14 before the designation, all of the material made available for inspection shall be

15 deemed “CONFIDENTIAL.” After the inspecting Party has identified the

16 documents it wants copied and produced, the Producing Party must determine which

17 documents, or portions thereof, qualify for protection under this Order. Then, before

18 producing the specified documents, the Producing Party must affix the

19 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a

20 portion of the material on a page qualifies for protection, the Producing Party also

21 must clearly identify the protected portion(s) (e.g., by making appropriate markings

22 in the margins).

23 (b) for testimony given in depositions that the Designating Party identifies

24 the Disclosure or Discovery Material on the record, before the close of the deposition

25 all protected testimony.

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

27 for any other tangible items, that the Producing Party affix in a prominent place on

1 legend “CONFIDENTIAL.” If only a portion or portions of the information

2 warrants protection, the Producing Party, to the extent practicable, shall identify the

3 protected portion(s).

4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

5 failure to designate qualified information or items does not, standing alone, waive

6 the Designating Party’s right to secure protection under this Order for such material.

7 Upon timely correction of a designation, the Receiving Party must make reasonable

8 efforts to assure that the material is treated in accordance with the provisions of this

9 Order.

10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

12 designation of confidentiality at any time that is consistent with the Court’s

13 Scheduling Order.

14 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

15 resolution process under Local Rule 37.1 et seq.

16 6.3 The burden of persuasion in any such challenge proceeding shall be on

17 the Designating Party. Frivolous challenges, and those made for an improper

18 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

19 parties) may expose the Challenging Party to sanctions. Unless the Designating

20 Party has waived or withdrawn the confidentiality designation, all parties shall

21 continue to afford the material in question the level of protection to which it is

22 entitled under the Producing Party’s designation until the Court rules on the

23 challenge.

24 7. ACCESS TO AND USE OF PROTECTED MATERIAL

25 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

27 Action only for prosecuting, defending or attempting to settle this Action. Such

1 conditions described in this Order. When the Action has been terminated, a

2 Receiving Party must comply with the provisions of section 13 below (FINAL

3 DISPOSITION).

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

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

6 authorized under this Order.

7 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

8 otherwise ordered by the court or permitted in writing by the Designating Party, a

9 Receiving Party may disclose any information or item designated

10 “CONFIDENTIAL” only to:

11 (a) the Receiving Party’s Outside Counsel of Record in this Action, as

12 well as employees of said Outside Counsel of Record to whom it is reasonably

13 necessary to disclose the information for this Action;

14 (b) the officers, directors, and employees (including House Counsel) of

15 the Receiving Party to whom disclosure is reasonably necessary for this Action;

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

17 disclosure is reasonably necessary for this Action and who have signed the

18 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

19 (d) the court and its personnel;

20 (e) court reporters and their staff;

21 (f) professional jury or trial consultants, mock jurors, and Professional

22 Vendors to whom disclosure is reasonably necessary for this Action and who have

23 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

24 (g) the author or recipient of a document containing the information or a

25 custodian or other person who otherwise possessed or knew the information;

26 (h) during their depositions, witnesses, and attorneys for witnesses, in the

27 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

1 will not be permitted to keep any confidential information unless they sign the

2 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

3 agreed by the Designating Party or ordered by the court. Pages of transcribed

4 deposition testimony or exhibits to depositions that reveal Protected Material may

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

6 as permitted under this Stipulated Protective Order; and

7 (i) any mediator or settlement officer, and their supporting personnel,

8 mutually agreed upon by any of the parties engaged in settlement discussions.

9 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

10 IN OTHER LITIGATION

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

12 that compels disclosure of any information or items designated in this Action as

13 “CONFIDENTIAL,” that Party must:

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

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

16 (b) promptly notify in writing the party who caused the subpoena or order

17 to issue in the other litigation that some or all of the material covered by the subpoena

18 or order is subject to this Protective Order. Such notification shall include a copy of

19 this Stipulated Protective Order; and

20 (c) cooperate with respect to all reasonable procedures sought to be

21 pursued by the Designating Party whose Protected Material may be affected.

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

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

24 action as “CONFIDENTIAL” before a determination by the court from which the

25 subpoena or order issued, unless the Party has obtained the Designating Party’s

26 permission. The Designating Party shall bear the burden and expense of seeking

27 protection in that court of its confidential material and nothing in these provisions

1 should be construed as authorizing or encouraging a Receiving Party in this Action

2 to disobey a lawful directive from another court.

3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

4 PRODUCED IN THIS LITIGATION

5 (a) The terms of this Order are applicable to information produced by a

6 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

7 produced by Non-Parties in connection with this litigation is protected by the

8 remedies and relief provided by this Order. Nothing in these provisions should be

9 construed as prohibiting a Non-Party from seeking additional protections.

10 (b) In the event that a Party is required, by a valid discovery request, to

11 produce a Non-Party’s confidential information in its possession, and the Party is

12 subject to an agreement with the Non-Party not to produce the Non-Party’s

13 confidential information, then the Party shall:

14 (1) promptly notify in writing the Requesting Party and the Non-

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

16 confidentiality agreement with a Non-Party;

17 (2) promptly provide the Non-Party with a copy of the Stipulated

18 Protective Order in this Action, the relevant discovery request(s),

19 and a reasonably specific description of the information

20 requested; and

21 (3) make the information requested available for inspection by the

22 Non-Party, if requested.

23 (c) If the Non-Party fails to seek a protective order from this court within

24 14 days of receiving the notice and accompanying information, the Receiving Party

25 may produce the Non-Party’s confidential information responsive to the discovery

26 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

27 not produce any information in its possession or control that is subject to the

1 Absent a court order to the contrary, the Non-Party shall bear the burden and expense

2 of seeking protection in this court of its Protected Material.

3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

7 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

8 to retrieve all unauthorized copies of the Protected Material, (c) inform the person

9 or persons to whom unauthorized disclosures were made of all the terms of this

10 Order, and (d) request such person or persons to execute the “Acknowledgment and

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

12 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

13 PROTECTED MATERIAL

14 When a Producing Party gives notice to Receiving Parties that certain

15 inadvertently produced material is subject to a claim of privilege or other protection,

16 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

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

18 may be established in an e-discovery order that provides for production without prior

19 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as

20 the parties reach an agreement on the effect of disclosure of a communication or

21 information covered by the attorney-client privilege or work product protection, the

22 parties may incorporate their agreement in the stipulated protective order submitted

23 to the court.

24 12. MISCELLANEOUS

25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

26 person to seek its modification by the Court in the future.

27 12.2 Right to Assert Other Objections. By stipulating to the entry of this

1 disclosing or producing any information or item on any ground not addressed in this

2 Stipulated Protective Order. Similarly, no Party waives any right to object on any

3 ground to use in evidence of any of the material covered by this Protective Order.

4 12.3 Filing Protected Material. A Party that seeks to file under seal any

5 Protected Material must comply with Local Civil Rule 79-5. Protected Material may

6 only be filed under seal pursuant to a court order authorizing the sealing of the

7 specific Protected Material at issue. If a Party’s request to file Protected Material

8 under seal is denied by the court, then the Receiving Party may file the information

9 in the public record unless otherwise instructed by the court.

10 13. FINAL DISPOSITION

11 After the final disposition of this Action, as defined in paragraph 4, within 60

12 days of a written request by the Designating Party, each Receiving Party must return

13 all Protected Material to the Producing Party or destroy such material. As used in

14 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

15 summaries, and any other format reproducing or capturing any of the Protected

16 Material. Whether the Protected Material is returned or destroyed, the Receiving

17 Party must submit a written certification to the Producing Party (and, if not the same

18 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

19 (by category, where appropriate) all the Protected Material that was returned or

20 destroyed and (2) affirms that the Receiving Party has not retained any copies,

21 abstracts, compilations, summaries or any other format reproducing or capturing any

22 of the Protected Material. Notwithstanding this provision, Counsel are entitled to

23 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

24 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

25 reports, attorney work product, and consultant and expert work product, even if such

26 materials contain Protected Material. Any such archival copies that contain or

27 constitute Protected Material remain subject to this Protective Order as set forth in

VIOLATION

2 ||Any violation of this Order may be punished by appropriate measures including,

3 ||} without limitation, contempt proceedings and/or monetary sanctions.

IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

5

61|DATED November 10, 2025

7

9 Attorneys fof Plaintiff Beau Crigler

10

11 DATED: November 6, 2025

12 ,

14 Eaton, and John DeLa Hunt

15

16

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

DATED: _—_sLI/10/2025——

21 HON. ROZELLA A. OLIVER

United States Magistrate Judge

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24

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27

28

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of

4 _________________ [print or type full address], declare under penalty of perjury

5 that I have read in its entirety and understand the Stipulated Protective Order that

6 was issued by the United States District Court for the Central District of California

7 on [date] in the case of Beau Crigler v. Smith Power Products, Inc., et al, case

8 number 2:25-cv-02494-MWF-RAO. I agree to comply with and to be bound by all

9 the terms of this Stipulated Protective Order and I understand and acknowledge

10 that failure to so comply could expose me to sanctions and punishment in the

11 nature of contempt. I solemnly promise that I will not disclose in any manner any

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

13 or entity except in strict compliance with the provisions of this Order.

14 I further agree to submit to the jurisdiction of the United States District

15 Court for the Central District of California for enforcing the terms of this

16 Stipulated Protective Order, even if such enforcement proceedings occur after

17 termination of this action. I hereby appoint ________________________ [print or

18 type full name] of _______________________________________ [print or type

19 full address and telephone number] as my California agent for service of process in

20 connection with this action or any proceedings related to enforcement of this

21 Stipulated Protective Order.

22 Date: _________

23 City and State where sworn and signed: _________________________________

24 Printed name: _______________________________

25

26

27 Signature: __________________________________