The opinion
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HOLLAND & KNIGHT LLP RADOSLOVICH | SHAPIRO, PC
2 David I. Holtzman (SBN 299297) Frank Radoslovich (SBN 161457)
Aaron Crews (SBN 235381) Ryan Maas (SBN 243498)
3 560 Mission Street, Suite 1900 3600 American River Drive, Suite 200
San Francisco, CA 94105 Sacramento, CA 95864
4 Telephone: (415) 743-6900 Telephone: (916) 565-8161
Fax: (415) 743-6910 Facsimile: (916) 565-8170
5 Email: david.holtzman@hklaw.com Email: frank@radshap.com
Email: aaron.crews@hklaw.com Email: ryan@radshap.com
6
HOLLAND & KNIGHT LLP Attorneys for Defendant JOHN BARBIERI
7 Richard R. Winter (admitted pro hac vice)
150 N. Riverside Plaza, Suite 2700
8 Chicago, IL 60606
Telephone: (312) 263-3600
9 Fax: (312) 578-6666
Email: richard.winter@hklaw.com
10
Attorneys for Plaintiff CHRIS BYRD on behalf
11 of US NIGHT VISION CORPORATION
12
UNITED STATES DISTRICT COURT
13
EASTERN DISTRICT OF CALIFORNIA
14 SACRAMENTO DIVISION
15
CHRIS BYRD, derivatively on behalf of U S ) Case No.: 2:25-cv-3091
16 NIGHT VISION CORPORATION, a )
California corporation, ) STIPULATED PROTECTIVE ORDER
17 )
Plaintiff, ) Date:
18 ) Time:
vs. ) Dept:
19 ) Judge: Coggins
JOHN BARBIERI, )
20 ) Trial Date: None Set
Defendant, )
21 ) WITH MODIFICATION BY THE COURT
and US NIGHT VISION CORPORATION, )
22 )
Nominal Defendant. )
23 )
)
24 )
)
25 )
)
26 )
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1 Pursuant to Local Rule 141.1 and Rule 26(c) of the Federal Rules of Civil Procedure, Plaintiff
2 Chris Byrd and Defendant John Barbieri, through counsel undersigned, jointly submit this Stipulated
3 Protective Order to govern the handling of information and materials produced in the course of
4 discovery or filed with the Court in advance of trial in this action.
5 GOOD CAUSE STATEMENT PURSUANT TO L.R. 141.1(c) and F.R.C.P. 26(c)
6 Disclosure and discovery activity in this action are likely to involve production of
7 confidential, proprietary, or private information for which special protection from public disclosure
8 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly,
9 the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective
10 Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures
11 or responses to discovery, and that the protection it affords from public disclosure and use extends
12 only to the limited information or items that are entitled to confidential treatment under applicable
13 legal principles. It is the intent of the parties and the Court that information will not be designated as
14 confidential for tactical reasons in this case, and that nothing will be so designated without a good
15 faith belief that there is good cause as to why information should not be part of the public record.
16 Statement Under L.R. 141.1(c)(1): Examples of confidential information that the parties
17 may seek to protect from unrestricted or unprotected disclosure include:
18 a) Information that is the subject of a non-disclosure or confidentiality agreement or
19 obligation;
20 b) Night Vision’s financial information, including profit and loss statements, information
21 related to budgets, sales, profits, costs, margins, product pricing, or other
22 internal financial/accounting information, including non-public information related to
23 financial condition or performance and income or other non-public tax information;
24 c) Night Vision’s customer information;
25 d) Information showing the price or other information related to the terms of sale or
26 purchase of products and materials relevant to this case;
27 e) Information related to internal operations, including personnel information;
1 f) Information related to past, current, and future market analyses and business and
2 marketing development, including plans, strategies, forecasts, and competition;
3 g) personal identifying information such as social security;
4 h) personal financial information such as income tax returns (including attached
5 schedules and forms), W-2 forms and 1099 forms;
6 Statement Under L.R. 141.1(c)(2): Generally speaking, information and documents shall
7 only be designated under this protective order because the Designating Party believes the information
8 or documents are proprietary, confidential, privileged, and/or trade secret information that the
9 Designating Party would not release publicly. Unrestricted or unprotected disclosure of such
10 confidential, technical, commercial, or personal information may result in prejudice or harm to the
11 Producing Party by revealing the Producing Party’s competitive confidential information.
12 Accordingly, the parties respectfully submit that there is good cause for the entry of this Protective
13 Order.
14 Statement Under L.R. 141.1(c)(3): The parties submit that protecting the confidential nature
15 of information in this way will be most efficient for the parties and the Court because the liability
16 issues in this case will involve the mutual exchange of documents and other information that a party
17 may consider to be its proprietary, confidential, and trade secret information. Remedies issued in this
18 case are likely to involve the mutual exchange of business- and personal-sensitive financial and
19 related information. The parties have met and conferred on this issue and agree that any private
20 agreement between the parties to safeguard this information will only need to be replicated through
21 orders of this Court at the time of filing dispositive or non-dispositive motions.
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PROTECTIVE ORDER
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1. DEFINITIONS.
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(a) The term “Challenging Party” shall mean a Party or Non-Party that challenges the
1 designation of information or items under this Order.
2 (b) The term “Confidential” shall mean information (regardless of how it is generated,
3 stored, or maintained) or tangible things that the Designating Party in good faith reasonably believes
4 will disclose confidential, proprietary and/or nonpublic financial, commercial personal, business, or
5 privileged information eligible for protection under the Federal Rules of Civil Procedure.
6 “Confidential” information shall not include information that either: (a) is in the public domain at the
7 time of disclosure; or (b) lawfully becomes part of the public domain through no fault of the recipient.
8 (c) The term “Counsel” shall mean the attorneys of record for any party in this action,
9 their associates, and their staff. If any party seeks to add counsel of record or substitute counsel of
10 record, then no “Confidential” or “Attorneys’ Eyes Only” Documents and information shall be
11 disclosed to such additional or substitute counsel until they have agreed to this stipulation by
12 executing the attached Exhibit A.
13 (d) The term “Designating Party” shall mean a Party or Non-Party that designates
14 information or items that it produces in disclosures or in responses to discovery as “Confidential.”
15 (e) The term “Documents” shall have the same meaning as the terms “documents and
16 electronically stored information” as used in Rule 34 of the Federal Rules of Civil Procedure.
17 (f) The term “Expert” shall mean a person with specialized knowledge or experience in a
18 matter pertinent to this litigation who has been retained by a Party to serve as an expert witness or as
19 a consultant in this litigation and who, at the time of retention, is not anticipated to become an officer,
20 director, or employee of a Party. Nothing in this Protective Order purports to alter in any way the
21 requirements for offering testimony under Fed. R. Evid. 703, or to define the term “expert” for
22 purposes other than those addressed in this Protective Order.
23 (g) The term “Non-Party” shall mean any natural person, partnership, corporation,
24 association, or other legal entity not named as a Party to this action.
25 (h) The term “Party” shall mean any natural person, partnership, corporation, association,
26 or other legal entity named as a party to this action, including all of their officers, directors,
27 employees, agents, and consultants retained in the ordinary course of business.
1 (i) The term “Producing Party” shall mean a Party or Non-Party that produces
2 information or other discovery material in this action.
3 (k) The term “Professional Vendors” shall mean persons or entities that provide litigation
4 support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations,
5 and organizing, storing, or retrieving data in any form or medium) and their employees and
6 subcontractors.
7 (j) The term “Protected Material” shall mean any information or other discovery material
8 that is designated as “Confidential.”
9 (k) The term “Receiving Party” shall mean a Party that receives information or other
10 discovery material from a Producing Party.
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13 2. DESIGNATING PROTECTED MATERIAL.
14 (a) Exercise of Restraint and Care in Designating Material for Protection. Each Party or
15 Non-Party that designates information or items for protection under this Order must take care to limit
16 any such designations. The Designating Party must designate for protection only those parts of
17 material, documents, items, or oral or written communications that qualify under the appropriate
18 standards so that other portions of the material, documents, items, or communications for which
19 protection is not warranted are not swept unjustifiably within the ambit of this Order. Mass,
20 indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly
21 unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard
22 the case development process or to impose unnecessary expenses and burdens on other parties)
23 expose the Designating Party to sanctions. If it comes to a Designating Party’s attention that
24 information or items that it designated for protection do not qualify for protection, that Designating
25 Party must promptly notify all other Parties that it is withdrawing the mistaken designation.
26 (b) Manner and Timing of Designations. Except as otherwise provided in this Order or as
27 otherwise stipulated or ordered, discovery material and information that qualify for protection under
1 Party must use reasonable efforts to ensure that the applicable legend appears on each page of each
2 file produced, as permitted by the particular format of a given Document.
3 (c) Materials Subject to Designation. Each party to this litigation may designate any
4 Document, thing, interrogatory answer, admission, deposition testimony, and portions of such
5 materials, or other information that it has provided or which a third-party has provided as
6 “Confidential” in accordance with this Protective Order. The party designating such information as
7 “Confidential” shall be known as the “Designating Party” and the designation shall be set out thereon.
8 In designating Documents or information as “Confidential,” the Designating Party’s counsel shall
9 make a good faith determination, before applying the designation, that the information warrants
10 protection under Rule 26(c) of the Federal Rules of Civil Procedure.
11 (d) Designating Originals or Tangible Items. In the event the Producing Party elects to
12 produce original Documents and things for inspection rather than produce copies of Documents, the
13 Producing Party shall identify those original Documents or tangible items which the Producing Party
14 is designating as “Confidential” at the initial inspection. Thereafter, upon selection of specified
15 Documents for copying by the inspecting party, the Producing Party shall mark the copies of such
16 Documents as may contain protected subject matter with the appropriate confidentiality marking at
17 the time the copies are produced to the inspecting party. Said marking shall not delay the production
18 of the copies. Information obtained by counsel from initial review of Documents or tangible items,
19 whether in written form or not, shall be maintained as “Confidential” pursuant to the Producing
20 Party’s designations at the time of initial inspection, unless such information is produced without a
21 designation of confidentiality or as otherwise agreed in writing by the Producing Party.
22 (e) Inadvertent Failures to Designate. An inadvertent failure to designate qualified
23 information or items does not, standing alone, waive the Designating Party’s right to secure protection
24 under this Order for such material, and a Party may designate a document as “Confidential” after its
25 initial production if the Producing Party timely determines that it should have been so designated. A
26 party or non-party who discloses or produces a confidential material not designated as may, within a
27 reasonable time after discovering the error, provide notice of the error and produce a copy of the
1 document designated as “Confidential.” Those in receipt of the unmarked confidential document must
2 return or destroy the unmarked copy, absent agreement of the parties to the contrary.
3 Upon timely correction of a designation, the Receiving Party must make reasonable efforts to
4 ensure that the material is treated in accordance with the provisions of this Order. The failure to
5 designate certain documents as “Confidential” does not waive and shall not prejudice a Party’s right
6 to so designate similar material—that is, there shall be no “subject matter waiver” with respect to
7 failing to designate material as “Confidential.”
8 (f) Production by Non-Parties. The terms of this Order are applicable to information
9 produced by a Non-Party. Documents produced by Non-Parties shall be provisionally designated as
10 “Confidential” for a period of 14 days from the date of production, during which period any Party
11 may designate any portion of the production as “Confidential” or “Attorneys’ Eyes Only.” Any Party
12 issuing a subpoena to a Non-Party shall notify the Non-Party of the existence of this proposed or
13 entered Order and shall notify the Non-Party that it may designate material responsive to the subpoena
14 in accordance with this Order. Additionally, a Party may designate information produced by a third
15 party as “Confidential,” where the third party is in possession of a Party’s Confidential Information
16 and a Party determines that the third party has not appropriately designated the information produced.
17 3. CHALLENGING CONFIDENTIALITY DESIGNATIONS.
18 (a) Timing of Challenges. Any Party or Non-Party may challenge a designation of
19 confidentiality at any time. A Party does not waive its right to challenge a confidentiality designation
20 by electing not to mount a challenge promptly after the original designation is disclosed.
21 (b) Meet and Confer. The Challenging Party shall initiate the dispute resolution process
22 by providing written notice of each designation it is challenging and describing the basis for each
23 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must recite
24 that the challenge to confidentiality is being made in accordance with this specific paragraph of the
25 Protective Order. The parties shall attempt to resolve each challenge in good faith. In conferring, the
26 Challenging Party must explain the basis for its belief that the confidentiality designation was not
27 proper and must give the Designating Party an opportunity to review the designated material, to
1 chosen designation. A Challenging Party may proceed to the next stage of the challenge process only
2 if it has engaged in this meet and confer process first or establishes that the Designating Party is
3 unwilling to participate in the meet and confer process in a timely manner.
4 (c) Judicial Intervention. If the Parties cannot resolve a challenge without court
5 intervention, the Designating Party shall file and serve a motion to retain the confidentiality
6 designation within a reasonable time after the parties agreeing that the meet and confer process will
7 not resolve their dispute. Any motion seeking relief from the Court must comply with the Local Rules
8 and standing orders of the Court. Failure by the Designating Party to make such a motion shall
9 automatically waive the confidentiality designation for each challenged designation.
10 The burden of persuasion in any such challenge proceeding shall be on the Designating Party.
11 All parties shall continue to afford the material in question the level of protection to which it is entitled
12 under the Producing Party’s designation until the Court rules on the challenge.
13 4. ACCESS TO “CONFIDENTIAL” MATERIALS.
14 All information designated as “Confidential” shall not be disclosed to anyone other than:
15 a) The parties;
16 b) Counsel;
17 c) The Court and its personnel;
18 d) Court reporters and/or videographers in the course of covering depositions and other
19 proceedings;
20 e) The author or recipient of the document or a custodian or other person who otherwise
21 possessed or knew the information;
22 f) Experts, consultants, and Professional Vendors retained by any Party or its Counsel;
23 and
24 g) Any mediator jointly hired by the Parties or appointed by the Court to facilitate a
25 potential resolution of the litigation.
26 All persons other than Counsel, the Parties, the Court, and the Court’s personnel in the instant
27 action to whom “Confidential” information is disclosed shall read this Protective Order in advance
1 of such disclosure and agree in writing to be bound by its terms in the form of the certification
2 contained in Exhibit A.
3 “Confidential” information subject to this Protective Order shall be used by the party(ies) to
4 whom it is produced solely and exclusively for purposes of the above-captioned litigation unless and
5 until such designation is removed either by agreement of the Parties or by order of the Court.
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7 5. EXPERTS & CONSULTANTS.
8 (a) Persons Covered By This Provision. The procedure specified under Paragraph 6(b)
9 shall apply to Experts expressly retained by Counsel to assist in the preparation of this litigation for
10 trial, whether or not the Expert is expected to testify at trial, as well as any personnel who support
11 such Expert’s work under the Expert’s direction and supervision, and who are necessary for the
12 completion of that work (“Support Personnel”). Disclosures to any such Support Personnel are to be
13 limited to only those disclosures necessary to assist the Expert.
14 (b) Procedure for Designating Experts & Consultants Under the Protective Order. As a
15 condition precedent to disclosure of any CONFIDENTIAL materials to an individual described in
16 Paragraph 3(a) above, Counsel for the Receiving Party shall require the Expert and his/her Support
17 Personnel (if any) to execute the form of Exhibit A attached hereto. Such executed Exhibit A shall be
18 maintained by Counsel for the Receiving Party for the term of this Stipulated Protective Order.
19 6. STORAGE OF PROTECTED INFORMATION BY RECEIVING PARTY.
20 The recipient of any Confidential materials provided under this Protective Order (including
21 copies or excerpts made thereof) shall maintain such information in a secure and safe area and shall
22 exercise reasonable and proper care with respect to the storage, custody, use, and/or dissemination of
23 such information.
24 7. TREATMENT OF PROTECTED MATERIAL AT DEPOSITIONS IN THIS
25 LITIGATION.
26 (a) Procedure for Designating Transcript Sections as Protected Material. Whenever
27 following the parties’ Rule 26(f) conference a deposition taken on behalf of any party involves a
1 thereof shall be designated as containing “Confidential” subject to the provisions of this Protective
2 Order at the time the deposition is taken whenever possible; however, any Party shall have until thirty
3 (30) days after receipt of the final deposition transcript within which to designate, in writing, those
4 portions of the transcript it wishes to remain designated as “Confidential” and the right to make such
5 designation shall be waived unless made within the thirty (30) day period. During such thirty (30)
6 day period, the entirety of the transcript shall be deemed designated ““Confidential”.
7 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
8 LITIGATION.
9 If a Party is served with a subpoena or a court order issues in another litigation that compels
10 disclosure of any information or items designated in this action as “Confidential” that Party must:
11 (a) Promptly notify the Designating Party in writing. Such notification shall include a
12 copy of the subpoena or court order;
13 (b) Promptly notify, in writing, the party who caused the subpoena or order to issue in the
14 other litigation that some or all of the material covered by the subpoena or order is subject to this
15 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
16 (c) Cooperate with respect to all reasonable procedures sought to be pursued by the
17 Designating Party whose Protected Material may be affected.
18 If the Designating Party timely seeks a protective order, the Party served with the subpoena
19 or court order shall not produce any information designated in this action as “Confidential” before a
20 determination by the court from which the subpoena or order issued, unless the Party has obtained
21 the Designating Party’s permission. The Designating Party shall bear the burden and expense of
22 seeking protection in that court of its confidential material ― and nothing in these provisions should
23 be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful
24 directive from another court.
25 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL.
26 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
27 Material to any person or in any circumstance not authorized under this Stipulated Protective Order,
1 disclosures, (2) use its best efforts to retrieve all unauthorized copies of the Protected Material, (3)
2 inform the person or persons to whom unauthorized disclosures were made of all the terms of this
3 Order, and (4) request such person or persons to execute the “Acknowledgment and Agreement to Be
4 Bound” that is attached hereto as Exhibit A.
5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
6 MATERIAL.
7 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced
8 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties
9 are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B) and as further set forth below.
10 If a Party inadvertently produces information subject to a claim of attorney-client, work
11 product, or other applicable privilege (“Privileged Information”), that disclosure shall not constitute
12 or be deemed a waiver or forfeiture of any claim of privilege that would otherwise be available. If the
13 Producing Party makes a claim of inadvertent disclosure, the Receiving Party shall, within seven (7)
14 days, return or destroy all copies of the Privileged Information, take reasonable steps to retrieve the
15 Privileged Information if disclosed to any third party, and provide a certification of counsel that the
16 Privileged Information has been returned or destroyed. The Privileged Information shall thereafter be
17 identified, as appropriate, on the Producing Party’s privilege log, and the Receiving Party shall remain
18 free to challenge the claim that the Privileged Information is privileged.
19 If a Receiving Party believes that it has received Privileged Information, the Receiving Party
20 shall notify the Producing Party in writing promptly after such discovery. Within seven (7) days of
21 receiving such notice, the Producing Party shall inform the Receiving Party in writing of an intent to
22 claim privilege and provide a log of the Privileged Information. While it awaits a response from the
23 Producing Party, the Receiving Party shall refrain from reading or otherwise using the Privileged
24 Information. After being informed that the Producing Party intends to claim privilege over the
25 Privileged Information, the Receiving Party shall take the steps set forth in the preceding paragraph.
26 Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a
27 review of documents or ESI for relevance, responsiveness, privilege, or other protected information
1 The provisions of this section constitute an order pursuant to Federal Rules of Evidence 502(d)
2 and (e).
3 12. FINAL DISPOSITION.
4 (a) Upon Termination of this Action. Within ninety (90) days after a final disposition of
5 the action, which shall include entry of final judgment and the exhaustion of all rights of appeal, or a
6 dismissal of the action, a Receiving Party shall either return to the Producing Party or destroy all
7 Documents and things or transcripts of depositions, together with all copies thereof, which have been
8 designated “Confidential.” Notwithstanding this provision, Counsel are entitled to retain an archival
9 copy 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. There shall be no
12 obligation for Parties’ counsel to search their emails for Protected Material and destroy any such
13 emails/attachments containing Protected Material. Any such archival copies that contain or constitute
14 Protected Material remain subject to this Protective Order. Furthermore, the Parties and their Counsel
15 may retain Confidential Information if required to comply with applicable laws, rules, or regulations
16 or internal compliance requirements, and any Confidential Information that the Receiving Party
17 believes cannot reasonably be destroyed (such as electronic back-up or archive records).
18 (b) Continuing Obligations. The termination of proceedings in this action shall not
19 thereafter relieve a person to whom “Confidential” or “Attorneys’ Eyes Only” was disclosed from
20 the obligation of maintaining the confidentiality of such information in accordance with the
21 provisions of this Protective Order.
22 13. LIMITATIONS.
23 (a) Attorneys’ Right to Counsel Clients. Nothing in this Protective Order shall bar or
24 otherwise restrict any attorney herein from rendering legal advice to the attorney’s Party-client with
25 respect to this action, and in the course thereof, relying upon an examination of “Confidential”
26 Documents or information; provided, that in rendering such legal advice and in otherwise
27 communicating with the Party-client, the attorney shall not disclose any “Confidential” or
1 “Attorneys’ Eyes Only” Documents or information to anyone not authorized to receive such
2 Documents, things, materials, or information pursuant to the terms of this Protective Order.
3 (b) Filing Protected Materials. Any Documents produced in discovery, answers to
4 interrogatories, deposition transcripts, or other Documents that are filed with the Court for any
5 purpose and that incorporate information that is designated “Confidential” shall be filed in
6 compliance with Local Rule 141, and any applicable Orders or procedures of this Court.
7 (c) Reservation of Rights. Nothing in this Protective Order, nor the taking of any action
8 in accordance with the provisions of this Protective Order, nor the failure to object thereto, shall be
9 construed as a waiver or admission of any claim or defense of this action. Moreover, the failure to
10 designate information in accordance with this Order and the failure to object to a designation at a
11 given time shall not preclude the filing of a motion at a later date seeking to impose such designation
12 or challenging the propriety thereof. The entry of this Order shall not be construed as a waiver of any
13 right to object to the furnishing of information in response to discovery or to object to a requested
14 inspection of Documents or things, and, except as expressly provided, shall not relieve any party of
15 the obligation of producing information in the course of discovery. This Order shall not in any way
16 limit what the Producing Party may do with its own Documents or information.
17 (d) Use of Confidential Information at trial. The Parties will meet and confer in an attempt
18 to agree upon a mechanism for handling Confidential Information at any court hearing or trial.
19 However, the final determination as to how Confidential Information shall be handled will be made
20 by the Court.
21 14. MISCELLANEOUS.
22 (a) Right to Seek Modification. The parties may, by written stipulation, provide for
23 exceptions to this Protective Order, and any Party may seek an order of this Court modifying or
24 interpreting this Protective Order. No stipulation amending this Protective Order will have the force
25 or effect of a Court order absent the Court’s written approval of it.
26 (b) Right to Further Relief. Nothing in the foregoing provisions of this Protective Order
27 shall be deemed to preclude any party from seeking and obtaining, on an appropriate showing,
1 additional protection with respect to the confidentiality or relief from this Protective Order regarding
2 matter designated as containing “Confidential.”
3 (c) Right to Assert Other Objections. By stipulating to the entry of this Protective Order,
4 no Party waives any right it otherwise would have to object to disclosing or producing any
5 information on any ground not addressed in this Stipulated Protective Order. Similarly, no Party
6 waives any right to object on any ground to use in evidence of any of the material covered by this
7 Protective Order.
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1 STIPULATION
2 IT IS HEREBY STIPULATED by and among the parties, through their undersigned counsel,
3 that the foregoing Stipulated Protective Order may be entered in this action subject to the consent of
4 the Court.
5 DATED: December 5, 2025 HOLLAND & KNIGHT LLP
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/s/ Richard Winter
7 Attorneys for Plaintiff CHRIS BYRD, derivatively on
behalf of US NIGHT VISION CORPORATION
8 (As authorized on December 8, 2025)
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DATED: December 5, 2025 RADOSLOVICH | SHAPIRO, PC
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/s/ Ryan J. Maas
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Attorneys for Defendant, JOHN BARBIERI
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1 ORDER
2 The Court has reviewed the parties’ stipulated protective order. (ECF No. 23.) The
3 stipulation comports with the relevant authorities and the court’s applicable local rule. See L.R.
4 141.1. The Court APPROVES the protective order, subject to the following clarifications. The
5 Court’s Local Rules indicate that once an action is closed, it “will not retain jurisdiction over
6 enforcement of the terms of any protective order filed in that action.” L.R. 141.1(f); see also, □□□□
7 || MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., Feb. 03, 2017) (noting thi
8 courts in the district generally do not retain jurisdiction for disputes concerning protective orders
9 after closure of the case). Thus, the Court will not retain jurisdiction over this protective order on
|| the case is closed.
Dated: December 11, 2025 / a jf le lg 4
CAROLYN K.DELANEY
= = 1B UNITED STATES MAGISTRATE JUDGE
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