The opinion
1
2
3
4
5
6 UNITED STATES DISTRICT COURT
7 FOR THE EASTERN DISTRICT OF CALIFORNIA
8
9 SEBASTIAN THEBERGE, Case No. 2:25-cv-01072-DAD-CSK
10 Plaintiff, ORDER GRANTING MODIFIED
STIPULATED PROTECTIVE ORDER
V.
(ECF No. 17)
12 CUMMINS, INC.,
13 Defendant.
14
15 The Court has reviewed the parties’ stipulated protective order below (ECF No.
16 17), and finds it comports with the relevant authorities and the Court’s Local Rule. See
7 L.R. 141.1. The Court APPROVES the protective order, subject to the following
18 clarification.
19 The Court’s Local Rules indicate that once an action is closed, it “will not retain
0 jurisdiction over enforcement of the terms of any protective order filed in that action.”
1 L.R. 141.1(f); see Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584,
at *2 (E.D. Cal. Oct. 29, 2012) (noting that courts in the district generally do not retain
3 jurisdiction for disputes concerning protective orders after closure of the case). Thus, the
4 Court will not retain jurisdiction over this protective order once the case is closed.
Dated: February 23, 2026 rm
26 GHI SOO KIM
UNITED STATES MAGISTRATE JUDGE
27
28 4, theb1072.25
1 Tory E. Griffin (State Bar No. 186181)
REYNOLDS TILBURY WOODWARD LLP
2 11601 Blocker Drive, Ste. 105
Auburn, CA 95603
3 Phone: (530) 885-8500
Fax: (530) 885-8113
4 Email: tgriffin@rtwlawllp.com
5
Bradley Benbrook (State Bar No. 177786)
6 BENBROOK LAW GROUP
701 University Avenue, Suite 106
7 Sacramento, CA 95825-6756
Phone: (916) 447-4900
8 Fax: (916) 447-4904
Email: brad@benbrooklawgroup.com
9
10 Pascal Benyamini (State Bar No. 203883)
Amanda Semaan (State Bar No. 293896)
11 FAEGRE DRINKER BIDDLE & REATH LLP
1800 Century Park East, Suite 1500
12
Los Angeles, California 90067
13 Phone: (310) 203-4000
Fax: (310) 229-1285
14 Email: Pascal.benyamini@faegredrinker.com
Amanda.semaan@faegredrinker.com
15
William R. Horwitz
16
FAEGRE DRINKER BIDDLE & REATH LLP
17 600 Campus Drive, 3rd Floor
Florham Park, New Jersey 07932
18 Phone: (973) 549-7000
Fax: (973) 360-9831
19 Email: William.horwitz@faegredrinker.com
20
UNITED STATES DISTRICT COURT
21
EASTERN DISTRICT OF CALIFORNIA
22
23 SEBASTIAN THEBERGE, No. 2:25-cv-01072-DAD-CSK
24 Plaintiff, STIPULATED PROTECTIVE ORDER
25
v.
26
CUMMINS, INC.,
27
Defendants.
28
1 1. INTRODUCTION
2 1.1 PURPOSES AND LIMITATIONS
3 Disclosure and discovery activity in this action are likely to involve production of
4 confidential, proprietary, or private information for which special protection from public
5 disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
6 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated
7 Protective Order. The parties acknowledge that this Order does not confer blanket protections on
8 all disclosures or responses to discovery and that the protection it affords from public disclosure
9 and use extends only to the limited information or items that are entitled to confidential treatment
10 under the applicable legal principles. The parties further acknowledge, as set forth in Section
11 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential
12 information under seal; Local Rule 141 sets forth the procedures that must be followed and the
13 standards that will be applied when a party seeks permission from the court to file material under
14 seal.
15 1.2 GOOD CAUSE STATEMENT
16 This action is likely to involve confidential documents relating to private employment
17 records, personnel file documents, sensitive health and medical information, financial records,
18 and personal identifying information of parties and third-party witnesses (i.e., addresses,
19 telephone numbers) for which special protection from public disclosure and from use for any
20 purpose other than prosecution of this action is not warranted. Such private, confidential, and
21 proprietary materials and information consist of, among other things, documents produced in
22 connection with employee records, personnel file information, personal identifying information of
23 any party or third-party witnesses otherwise generally unavailable to the public, private financial
24 information, confidential corporate records, and other information that may be privileged or
25 otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or
26 common law.
27 Without a Protective Order, uncontrolled disclosure of the above-identified categories of
28 materials would result in harm, including invasion of the privacy interests of the parties and non-
1 party witnesses and improper disclosure of sensitive and confidential information of the parties
2 and non-parties, including but not limited to private employment records, private financial
3 information, and private contact information. There is good cause and a particularized need for a
4 Protective Order to preserve the interests of confidentiality and privacy in employment and
5 personnel records, health and medical records, private and internal corporate records, sensitive
6 financial information, and the personal identifying information of parties and third-party
7 witnesses. Accordingly, to expedite the flow of information, to facilitate the prompt resolution of
8 disputes over confidentiality of discovery materials, to adequately protect information the parties
9 are entitled to keep confidential, to ensure that the parties are permitted reasonably necessary uses
10 of such material in preparation for and in the conduct of trial, to address their handling at the end
11 of the litigation, and serve the ends of justice, a protective order for such information is justified
12 in this matter.
13 It is the intent of the parties that information will not be designated as confidential for
14 tactical reasons and that nothing be so designated without a good faith belief that it has been
15 maintained in a confidential, non-public manner, and there is good cause why it should not be
16 part of the public record in this case. The parties therefore stipulate that there is Good Cause for,
17 and hereby jointly request that the honorable Court issue and enter, a Protective Order regarding
18 confidential documents consistent with the terms and provisions of this Stipulation.
19 2. DEFINITIONS
20 2.1 Challenging Party: a Party or Non-Party that challenges the designation of
21 information or items under this Order.
22 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is
23 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule
24 of Civil Procedure 26(c). Pursuant to Local Rule 141.1(c)(1), the parties identify the following
25 types of information they believe to be eligible for protection under this Order: (i) personnel files,
26 (ii) employment records, (iii) investigation records and other documents relating to employee and
27 personnel issues, (iv) personal health and medical information, (v) personal information of the
28 parties in this litigation or of non-parties, including but not limited to, social security numbers,
1 phone numbers, and home addresses, and (vi) personal records; (vii) corporate financial records
2 of Defendant Cummins, Inc, including identity of its customers, customer preferences, sales
3 information, revenue information, profit margins.
4 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as
5 well as their support staff).
6 2.4 Designating Party: a Party or Non-Party that designates information or items that it
7 produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
8 2.5 Disclosure or Discovery Material: all items or information, regardless of the
9 medium or manner in which it is generated, stored, or maintained (including, among other things,
10 testimony, transcripts, and tangible things), that are produced or generated in disclosures or
11 responses to discovery in this matter.
12 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to
13 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
14 consultant in this action.
15 2.7 House Counsel: attorneys who are employees of a party to this action. House
16 Counsel does not include Outside Counsel of Record or any other outside counsel.
17 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal
18 entity not named as a Party to this action.
19 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this
20 action but are retained to represent or advise a party to this action and have appeared in this action
21 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party,
22 and includes support staff.
23 2.10 Party: any party to this action, including all of its officers, directors, employees,
24 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
25 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
26 Material in this action.
27 2.12 Professional Vendors: persons or entities that provide litigation support services
28 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and
1 organizing, storing, or retrieving data in any form or medium) and their employees and
2 subcontractors.
3 2.13 Protected Material: any Disclosure or Discovery Material that is designated as
4 “CONFIDENTIAL.”
5 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a
6 Producing Party.
7 3. SCOPE
8 The protections conferred by this Stipulation and Order cover not only Protected Material
9 (as defined above), but also (1) any information copied or extracted from Protected Material; (2)
10 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
11 conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
12 However, the protections conferred by this Stipulation and Order do not cover the following
13 information: (a) any information that is in the public domain at the time of disclosure to a
14 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as
15 a result of publication not involving a violation of this Order, including becoming part of the
16 public record through trial or otherwise; and (b) any information known to the Receiving Party
17 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who
18 obtained the information lawfully and under no obligation of confidentiality to the Designating
19 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.
20 4. DURATION
21 Even after final disposition of this litigation, the confidentiality obligations imposed
22 by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a
23 court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of
24 all claims and defenses in this action, with or without prejudice; and (2) final judgment herein
25 after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this
26 action, including the time limits for filing any motions or applications for extension of time
27 pursuant to applicable law.
28 / / /
1 5. DESIGNATING PROTECTED MATERIAL
2 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party
3 or Non-Party that designates information or items for protection under this Order must take care
4 to limit any such designation to specific material that qualifies under the appropriate standards.
5 The Designating Party must designate for protection only those parts of material, documents,
6 items, or oral or written communications that qualify – so that other portions of the material,
7 documents, items, or communications for which protection is not warranted are not swept
8 unjustifiably within the ambit of this Order.
9 Mass, indiscriminate, or routinized designations are prohibited. Designations that are
10 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
11 unnecessarily encumber or retard the case development process or to impose unnecessary
12 expenses and burdens on other parties) expose the Designating Party to sanctions.
13 If it comes to a Designating Party’s attention that information or items that it designated
14 for protection do not qualify for protection, that Designating Party must promptly notify all other
15 Parties that it is withdrawing the mistaken designation.
16 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order
17 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
18 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
19 designated before the material is disclosed or produced.
20 Designation in conformity with this Order requires:
21 (a) For information in documentary form (e.g., paper or electronic documents, but
22 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing
23 Party affix the legend “CONFIDENTIAL” to each page that contains protected material.
24 A Party or Non-Party that makes original documents or materials available for
25 inspection need not designate them for protection until after the inspecting Party has indicated
26 which material it would like copied and produced. During the inspection and before the
27 designation, all of the material made available for inspection shall be deemed
28 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and
1 produced, the Producing Party must determine which documents, or portions thereof, qualify for
2 protection under this Order. Then, before producing the specified documents, the Producing Party
3 must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If only a
4 portion or portions of the material on a page qualifies for protection, the Producing Party also
5 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the
6 margins).
7 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the
8 Designating Party identify on the record, before the close of the deposition, hearing, or other
9 proceeding, all protected testimony, with an exception that the Parties retain the right to designate
10 confidential material in a deposition thirty (30) days after the final deposition transcript is made
11 available.
12 (c) for information produced in some form other than documentary and for any other
13 tangible items, that the Producing Party affix in a prominent place on the exterior of the container
14 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a
15 portion or portions of the information or item warrant protection, the Producing Party, to the
16 extent practicable, shall identify the protected portion(s).
17 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
18 designate qualified information or items does not, standing alone, waive the Designating Party’s
19 right to secure protection under this Order for such material. Upon timely correction of a
20 designation, the Receiving Party must make reasonable efforts to assure the Producing Party that
21 the material is treated in accordance with the provisions of this Order.
22 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
24 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
25 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
26 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
27 challenge a confidentiality designation by electing not to mount a challenge promptly after the
28 original designation is disclosed.
1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
2 process by providing written notice of each designation it is challenging and describing the basis
3 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written
4 notice must recite that the challenge to confidentiality is being made in accordance with this
5 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in
6 good faith and must begin the process by conferring directly (in voice to voice dialogue; other
7 forms of communication are not sufficient) within 14 days of the date of service of notice. In
8 conferring, the Challenging Party must explain the basis for its belief that the confidentiality
9 designation was not proper and must give the Designating Party an opportunity to review the
10 designated material, to reconsider the circumstances, and, if no change in designation is offered,
11 to explain the basis for the chosen designation. A Challenging Party may proceed to the next
12 stage of the challenge process only if it has engaged in this meet and confer process first or
13 establishes that the Designating Party is unwilling to participate in the meet and confer process in
14 a timely manner.
15 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court
16 intervention, the Designating Party shall file and serve a motion to retain confidentiality under
17 Local Rule 230 (and in compliance with Local Rule 141, if applicable) within 21 days of the
18 initial notice of challenge or within 14 days of the parties agreeing that the meet and confer
19 process will not resolve their dispute, whichever is later. Each such motion must be accompanied
20 by a competent declaration affirming that the movant has complied with the meet and confer
21 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such
22 a motion including the required declaration within 21 days (or 14 days, if applicable) shall
23 automatically waive the confidentiality designation for each challenged designation. In addition,
24 the Challenging Party may file a motion challenging a confidentiality designation at any time if
25 there is good cause for doing so, including a challenge to the designation of a deposition
26 transcript or any portions thereof. Any motion brought pursuant to this provision must be
27 accompanied by a competent declaration affirming that the movant has complied with the meet
28 and confer requirements imposed by the preceding paragraph.
1 The burden of persuasion in any such challenge proceeding shall be on the Designating
2 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose
3 unnecessary expenses and burdens on other parties) may expose the Challenging Party to
4 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to
5 file a motion to retain confidentiality as described above, all parties shall continue to afford the
6 material in question the level of protection to which it is entitled under the Producing Party’s
7 designation until the court rules on the challenge.
8 7. ACCESS TO AND USE OF PROTECTED MATERIAL
9 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
10 produced by another Party or by a Non-Party in connection with this case only for prosecuting,
11 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
12 the categories of persons and under the conditions described in this Order. When the litigation has
13 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
14 DISPOSITION).
15 Protected Material must be stored and maintained by a Receiving Party at a location and
16 in a secure manner that ensures that access is limited to the persons authorized under this Order.
17 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
18 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
19 information or item designated “CONFIDENTIAL” only to:
20 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as
21 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
22 information for this litigation;
23 (b) the officers, directors, and employees (including House Counsel) of the Receiving
24 Party to whom disclosure is reasonably necessary for this litigation and who have signed the
25 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
26 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
27 reasonably necessary for this litigation and who have signed the “Acknowledgment and
28 Agreement to Be Bound” (Exhibit A);
1 (d) the court, court personnel, and court appointed or party agreed upon mediators;
2 (e) court reporters and their staff, professional jury or trial consultants, mock jurors,
3 and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who
4 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
5 (f) during their depositions, witnesses and attorneys for witnesses in the action to
6 whom disclosure is reasonably necessary. Pages of transcribed deposition testimony or exhibits to
7 depositions that reveal Protected Material must be separately bound by the court reporter and may
8 not be disclosed to anyone except as permitted under this Stipulated Protective Order.
9 (g) the author or recipient of a document containing the information or a custodian or
10 other person who otherwise possessed or knew the information.
11 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
12 LITIGATION
13 If a Party is served with a subpoena or a court order issued in other litigation that compels
14 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party
15 must:
16 (a) promptly notify in writing the Designating Party. Such notification shall include a
17 copy of the subpoena or court order;
18 (b) promptly notify in writing the party who caused the subpoena or order to issue in
19 the other litigation that some or all of the material covered by the subpoena or order is subject to
20 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order;
21 and
22 (c) cooperate with respect to all reasonable procedures sought to be pursued by the
23 Designating Party whose Protected Material may be affected.
24 If the Designating Party timely seeks a protective order, the Party served with the
25 subpoena or court order shall not produce any information designated in this action as
26 “CONFIDENTIAL” before a determination by the court from which the subpoena or order
27 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party
28 shall bear the burden and expense of seeking protection in that court of its confidential material –
1 and nothing in these provisions should be construed as authorizing or encouraging a Receiving
2 Party in this action to disobey a lawful directive from another court.
3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
4 LITIGATION
5 (a) The terms of this Order are applicable to information produced by a Non-Party in
6 this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in
7 connection with this litigation is protected by the remedies and relief provided by this Order.
8 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking
9 additional protections.
10 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
12 Material to any person or in any circumstance not authorized under this Stipulated Protective
13 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the
14 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
15 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were
16 made of all the terms of this Order, and (d) request such person or persons to execute the
17 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
18 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
19 MATERIAL
20 When a Producing Party gives notice to Receiving Parties that certain inadvertently
21 produced material is subject to a claim of privilege or other protection, the obligations of the
22 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This
23 provision is not intended to modify whatever procedure may be established in an e-discovery
24 order that provides for production without prior privilege review. Pursuant to Federal Rule of
25 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a
26 communication or information covered by the attorney-client privilege or work product
27 protection, the parties may incorporate their agreement in the stipulated protective order
28 submitted to the court.
1 12. MISCELLANEOUS
2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to
3 seek its modification by the court in the future.
4 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective
5 Order, no Party waives any right it otherwise would have to object to disclosing or producing any
6 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
7 Party waives any right to object on any ground to use in evidence of any of the material covered
8 by this Protective Order.
9 12.3 Filing Protected Material. Without written permission from the Designating Party
10 or a court order secured after appropriate notice to all interested persons, a Party may not file in
11 the public record in this action any Protected Material. A Party that seeks to file under seal any
12 Protected Material must comply with Local Rule 141. Protected Material may only be filed under
13 seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue.
14 Pursuant to Local Rule 141, a sealing order will issue only upon a request establishing that the
15 Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to
16 protection under the law. If a Receiving Party’s request to file Protected Material under seal
17 pursuant to Local Rule 141 is denied by the court, then the Receiving Party may file the
18 information in the public record unless otherwise instructed by the court.
19 13. FINAL DISPOSITION
20 Within 60 days after the final disposition of this action, as defined in paragraph 4, each
21 Receiving Party must return all Protected Material to the Producing Party or destroy such
22 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,
23 compilations, summaries, and any other format reproducing or capturing any of the Protected
24 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must
25 submit a written certification to the Producing Party (and, if not the same person or entity, to the
26 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all
27 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has
28 not retained any copies, abstracts, compilations, summaries or any other format reproducing or
1 capturing any of the Protected Material. Notwithstanding this provision, Outside Counsel are
2 entitled to retain a copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
3 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work
4 product, and consultant and expert work product, even if such materials contain Protected
5 Material. Any such archival copies that contain or constitute Protected Material remain subject to
6 this Protective Order as set forth in Section 4 (DURATION).
7
8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
9
10 Dated: February 10, 2026 REYNOLDS TILBURY WOODWARD LLP
11
/s/ Tory E. Griffin
12
Tory E. Griffin
13 Attorneys for Plaintiff
Sebastian Theberge
14
15 Dated: February 10, 2026 BENBROOK LAW GROUP
16
/s/ Bradley A. Benbrook (as authorized on 2/10/2026)
17
Bradley A. Benbrook
18 Attorneys for Plaintiff
Sebastian Theberge
19
20 Dated: February 10, 2026 FAEGRE DRINKER BIDDLE & REATH LLP
21
22 /s/ Pascal Benyamini (as authorized on 2/10/2026)
Pascal Benyamini
23 William R. Horwitz
Amanda Semaan
24
Attorneys for Defendant
25 Cummins Inc.
26
27
28
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________ [print or type full name], of _________________ [print or
4 type full address], declare under penalty of perjury that I have read in its entirety and understand
5 the Stipulated Protective Order that was issued by the United States District Court for the Eastern
6 District of California on [date] in the case of Theberge v. Cummins, Inc., Case No. 2:25-cv-
7 01072-DAD-CSK. I agree to comply with and to be bound by all the terms of this Stipulated
8 Protective Order and I understand and acknowledge that failure to so comply could expose me to
9 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in
10 any manner any information or item that is subject to this Stipulated Protective Order to any
11 person or entity except in strict compliance with the provisions of this Order. I further agree to
12 submit to the jurisdiction of the United States District Court for the Eastern District of California
13 for the purpose of enforcing the terms of this Stipulated Protective Order, even if such
14 enforcement proceedings occur after termination of this action. I hereby appoint
15 __________________________ [print or type full name] of
16 _______________________________________ [print or type full address and telephone
17 number] as my California agent for service of process in connection with this action or any
18 proceedings related to enforcement of this Stipulated Protective Order.
19
20 Date: ______________________________________
21
22 City and State where sworn and signed: _________________________________
23
24 Printed name: _______________________________
25
26 Signature: __________________________________
27
28