distinguishing “good cause” showing for sealing 10 documents produced in discovery from “compelling reasons” standard when merits- 11 related documents are part of court record
How later courts described this case
- distinguishing “good cause” showing for sealing 10 documents produced in discovery from “compelling reasons” standard when merits- 11 related documents are part of court record
- even stipulated protective orders require good 15 cause showing
Written by the judges who cited it.
The opinion
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 1 of 16 Page ID #:325
1 Michael H. Swartz (SBN: 163590)
mswartz@winston.com
2 Nikki S. Khorram (SBN: 327322)
nkhorram@winston.com
3 WINSTON & STRAWN LLP
333 S. Grand Avenue
4 Los Angeles, CA 90017
Telephone: (213) 615-1700
5 Facsimile: (213) 615-1750
6 Kobi Kennedy Brinson (admitted pro hac vice)
kbrinson@winston.com
7 WINSTON & STRAWN LLP
300 South Tryon Street, 16th Floor
8 Charlotte, NC 28202
Telephone: (704) 350-7700
9 Facsimile: (704) 350-7800
10 Attorneys for Defendant
LAMELO BALL
11
12 UNITED STATES DISTRICT COURT
13 CENTRAL DISTRICT OF CALIFORNIA
14 WESTERN DIVISION
15
16 AMBER JOHNSON, an individual, Case No. 2:22-cv-00884-AFM
17 Plaintiff, Assigned to Hon. Alexander F. MacKinnon
18 v.
STIPULATED PROTECTIVE ORDER1
19 LAMELO BALL, an individual, and CONCERNING DISCOVERY AND
DOES 1-20, inclusive, CONFIDENTIAL INFORMATION;
20
Defendants. [PROPOSED] ORDER
21
Amended Complaint Filed: March 10, 2022
22
23
24
25
26
27
1 This Stipulated Protective Order is based substantially on the model protective order
28 provided under Magistrate Judge Alexander F. MacKinnon’s Procedures.
1
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 2 of 16 Page ID #:326
1 1. A. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 proprietary, or private information for which special protection from public disclosure
4 and from use for any purpose other than prosecuting this litigation may be warranted.
5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following
6 Stipulated Protective Order. The parties acknowledge that this Order does not confer
7 blanket protections on all disclosures or responses to discovery and that the protection
8 it affords from public disclosure and use extends only to the limited information or items
9 that are entitled to confidential treatment under the applicable legal principles.
10 B. GOOD CAUSE STATEMENT
11 This action is likely to involve commercial, financial, and/or proprietary
12 information for which special protection from public disclosure and from use for any
13 purpose other than prosecution of this action is warranted. Such confidential and
14 proprietary materials and information consist of, among other things, confidential
15 business or financial information, information regarding confidential business practices,
16 or other confidential research, development, or commercial information (including
17 information implicating privacy rights of third parties), information otherwise generally
18 unavailable to the public, or which may be privileged or otherwise protected from
19 disclosure under state or federal statutes, court rules, case decisions, or common law.
20 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of
21 disputes over confidentiality of discovery materials, to adequately protect information
22 the parties are entitled to keep confidential, to ensure that the parties are permitted
23 reasonable necessary uses of such material in preparation for and in the conduct of trial,
24 to address their handling at the end of the litigation, and serve the ends of justice, a
25 protective order for such information is justified in this matter. It is the intent of the
26 parties that information will not be designated as confidential for tactical reasons and
27 that nothing be so designated without a good faith belief that it has been maintained in
28 a confidential non-public manner, and there is good cause why it should not be part of
2
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 3 of 16 Page ID #:327
1 the public record of this case.
2 C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILINGS UNDER
3 SEAL
4 The parties further acknowledge, as set forth in Section 12.3, below, that this
5 Stipulated Protective Order does not entitle them to file confidential information under
6 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
7 standards that will be applied when a party seeks permission from the court to file
8 material under seal.
9 There is a strong presumption that the public has a right of access to judicial
10 proceedings and records in civil cases. In connection with non-dispositive motions,
11 good cause must be shown to support a filing under seal. See Kamakana v. City and
12 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
13 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,
14 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
15 cause showing), and a specific showing of good cause or compelling reasons with
16 proper evidentiary support and legal justification, must be made with respect to
17 Protected Material that a party seeks to file under seal. The parties’ mere designation of
18 Disclosure or Discovery Material as CONFIDENTIAL does not—without the
19 submission of competent evidence by declaration, establishing that the material sought
20 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—
21 constitute good cause.
22 Further, if a party requests sealing related to a dispositive motion or trial, then
23 compelling reasons, not only good cause, for the sealing must be shown, and the relief
24 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos
25 v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type
26 of information, document, or thing sought to be filed or introduced under seal in
27 connection with a dispositive motion or trial, the party seeking protection must
28 articulate compelling reasons, supported by specific facts and legal justification, for the
3
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 4 of 16 Page ID #:328
1 requested sealing order. Again, competent evidence supporting the application to file
2 documents under seal must be provided by declaration.
3 Any document that is not confidential, privileged, or otherwise protectable in its
4 entirety will not be filed under seal if the confidential portions can be redacted. If
5 documents can be redacted, then a redacted version for public viewing, omitting only
6 the confidential, privileged, or otherwise protectable portions of the document, shall be
7 filed. Any application that seeks to file documents under seal in their entirety should
8 include an explanation of why redaction is not feasible.
9 2. DEFINITIONS
10 2.1 Action: shall be defined as the above captioned matter.
11 2.2 Challenging Party: a Party or Non-Party that challenges the
12 designation of information or items under this Order.
13 2.3 “CONFIDENTIAL” Information or Items: information (regardless
14 of how it is generated, stored or maintained) or tangible things that qualify for protection
15 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
16 Statement.
17 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
18 their support staff).
19 2.5 Designating Party: a Party or Non-Party that designates information
20 or items that it produces in disclosures or in responses to discovery as
21 “CONFIDENTIAL.”
22 2.6 Disclosure or Discovery Material: all items or information,
23 regardless of the medium or manner in which it is generated, stored, or maintained
24 (including, among other things, testimony, transcripts, and tangible things), that are
25 produced or granted in disclosures or responses to discovery in this matter.
26 2.7 Expert: a person with specialized knowledge or experience in a
27 matter pertinent to the litigation who has been retained by a Party or its counsel to serve
28 as an expert witness or as a consultant in this Action.
4
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 5 of 16 Page ID #:329
1 2.8 House Counsel: attorneys who are employees of a party to this
2 Action. House Counsel does not include Outside Counsel of Record or any other outside
3 counsel.
4 2.9 Non-Party: any natural person, partnership, corporation,
5 association, or other legal entity not named as a Party to this action.
6 2.10 Outside Counsel of Record: attorneys who are not employees of a
7 party to this Action but are retained to represent or advise a party to this Action and
8 have appeared in this Action on behalf of that party or are affiliated with a law firm that
9 has appeared on behalf of that party and includes support staff.
10 2.11 Party: any party to this Action, including all of its officers, directors,
11 employees, consultants, retained experts, and Outside Counsel of Record (and their
12 support staffs).
13 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
14 Discovery Material in this Action.
15 2.13 Professional Vendors: persons or entities that provide litigation
16 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
17 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
18 their employees and subcontractors.
19 2.14 Protected Material: any Disclosure or Discovery Material that is
20 designated as “CONFIDENTIAL.”
21 2.15 Receiving Party: a Party that receives Disclosure or Discovery
22 Material from a Producing Party.
23 3. SCOPE
24 The protections conferred by this Stipulation and Order cover not only Protected
25 Material (as defined above), but also (1) any information copied or extracted from
26 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
27 Material; and (3) any testimony, conversations, or presentations by Parties or their
28 Counsel that might reveal Protected Material.
5
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 6 of 16 Page ID #:330
1 Any use of Protected Material at trial shall be governed by the orders of the trial
2 judge. This Order does not govern the use of Protected Material at trial.
3 4. DURATION
4 Once a case proceeds to trial, information that was designated as
5 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as
6 an exhibit at trial becomes public and will be presumptively available to all members
7 of the public, including the press, unless compelling reasons supported by specific
8 factual findings to proceed otherwise are made to the trial judge in advance of the trial.
9 See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing
10 documents produced in discovery from “compelling reasons” standard when merits-
11 related documents are part of court record). Accordingly, the terms of this protective
12 order do not extend beyond the commencement of the trial. These stipulations are only
13 binding on Plaintiff and Defendant for purposes of determining any motion to dismiss
14 in this matter.
15 5. DESIGNATING PROTECTED MATERIAL
16 5.1 Exercise of Restraint and Care in Designating Material for Protection.
17 Each Party or Non-Party that designates information or items for protection under this
18 Order must take care to limit any such designation to specific material that qualifies
19 under the appropriate standards. The Designating Party must designate for protection
20 only those parts of material, documents, items or oral or written communications that
21 qualify so that other portions of the material, documents, items or communications for
22 which protection is not warranted are not swept unjustifiably within the ambit of this
23 Order.
24 Mass, indiscriminate, or routinized designations are prohibited. Designations that
25 are shown to be clearly unjustified or that have been made for an improper purpose
26 (e.g., to unnecessarily encumber the case development process or to impose
27 unnecessary expenses and burdens on other parties) may expose the Designating Party
28 to sanctions.
6
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 7 of 16 Page ID #:331
1 If it comes to a Designating Party’s attention that information or items that it
2 designated for protection do not qualify for protection, that Designating Party must
3 promptly notify all other Parties that it is withdrawing the inapplicable designation.
4 5.2 Manner and Timing of Designations. Except as otherwise provided in this
5 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated
6 or ordered, Disclosure or Discovery Material that qualifies for protection under this
7 Order must be clearly so designated before the material is disclosed or produced.
8 Designation in conformity with this Order requires:
9 (a) for information in documentary form (e.g., paper or electronic documents,
10 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
11 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
12 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
13 portion of the material on a page qualifies for protection, the Producing Party also must
14 clearly identify the protected portion(s) (e.g., by making appropriate markings in the
15 margins).
16 A Party or Non-Party that makes original documents available for inspection
17 need not designate them for protection until after the inspecting Party has indicated
18 which documents it would like copied and produced. During the inspection and before
19 the designation, all of the material made available for inspection shall be deemed
20 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
21 copied and produced, the Producing Party must determine which documents, or portions
22 thereof, qualify for protection under this Order. Then, before producing the specified
23 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page
24 that contains Protected Material. If only a portion of the material on a page qualifies for
25 protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,
26 by making appropriate markings in the margins).
27 (b) for testimony given in depositions that the Designating Party identifies the
28 Disclosure or Discovery Material on the record, before the close of the deposition all
7
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 8 of 16 Page ID #:332
1 protected testimony.
2 (c) for information produced in some form other than documentary and for
3 any other tangible items, that the Producing Party affix in a prominent place on the
4 exterior of the container or containers in which the information is stored the legend
5 “CONFIDENTIAL.” If only a portion or portions of the information warrants
6 protection, the Producing Party, to the extent practicable, shall identify the protected
7 portion(s).
8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
9 failure to designate qualified information or items does not, standing alone, waive the
10 Designating Party’s right to secure protection under this Order for such material. Upon
11 timely correction of a designation, the Receiving Party must make reasonable efforts to
12 assure that the material is treated in accordance with the provisions of this Order.
13 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
14 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
15 designation of confidentiality at any time that is consistent with the Court’s Scheduling
16 Order.
17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
18 resolution process under Local Rule 37-1 et seq.
19 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint
20 stipulation pursuant to Local Rule 37-2.
21 6.4 The burden of persuasion in any such challenge proceeding shall be on the
22 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
23 to harass or impose unnecessary expenses and burdens on other parties) may expose the
24 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
25 the confidentiality designation, all parties shall continue to afford the material in
26 question the level of protection to which it is entitled under the Producing Party’s
27 designation until the Court rules on the challenge.
28
8
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 9 of 16 Page ID #:333
1 7. ACCESS TO AND USE OF PROTECTED MATERIAL
2 7.1 Basic Principles. A Receiving Party may review and use Protected
3 Material that is disclosed or produced by another Party or by a Non-Party in connection
4 with this Action only for prosecuting, defending or attempting to settle this Action, only
5 after such persons have completed the certification contained in the “Acknowledgment
6 and Agreement to Be Bound” (Exhibit A). Such Protected Material may be disclosed
7 only to the categories of persons and under the conditions described in this Order. When
8 the Action has been terminated, a Receiving Party must comply with the provisions of
9 section 13 below (FINAL DISPOSITION).
10 Protected Material must be stored and maintained by a Receiving Party at a
11 location and in a secure manner that ensures that access is limited to the persons
12 authorized under this Order.
13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
14 ordered by the court or permitted in writing by the Designating Party, a Receiving Party
15 may disclose any information or item designated “CONFIDENTIAL” only to:
16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
17 employees of said Outside Counsel of Record to whom it is reasonably necessary to
18 disclosure the information for the Action;
19 (b) the officers, directors, and employees (including House Counsel) of the
20 Receiving Party to whom disclosure is reasonably necessary for this Action;
21 (c) experts (as defined in this Order) of the Receiving Party to whom
22 disclosure is reasonably necessary for this Action and who have signed the
23 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
24 (d) the court and its personnel;
25 (e) court reporters and their staff;
26 (f) professional jury or trial consultants, mock jurors, and Professional
27 Vendors to whom disclosure is reasonably necessary for this Action and who have
28 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 10 of 16 Page ID #:334
1 (g) the author or recipient of a document containing the information or a
2 custodian or other person who otherwise possessed or knew the information;
3 (h) during their depositions, witnesses, and attorneys for witnesses, in the
4 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
5 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
6 not be permitted to keep any confidential information unless they sign the
7 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
8 by the Designating Party or ordered by the court. Pages of transcribed deposition
9 testimony or exhibits to depositions that reveal Protected Material may be separately
10 bound by the court reporter and may not be disclosed to anyone except as permitted
11 under this Stipulated Protective Order; and
12 (i) any mediator or settlement officer, and their supporting personnel,
13 mutually agreed upon by any of the parties engaged in settlement discussions.
14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
15 OTHER LITIGATION
16 If a Party is served with a subpoena or a court order issued in other litigation that
17 compels disclosure of any information or items designated in this Action as
18 “CONFIDENTIAL,” that Party must:
19 (a) promptly notify in writing the Designating Party. Such notification shall
20 include a copy of the subpoena or court order;
21 (b) promptly notify in writing the party who caused the subpoena or order to
22 issue in the other litigation that some or all of the material covered by the subpoena or
23 order is subject to this Protective Order. Such notification shall include a copy of this
24 Stipulated Protective Order; and
25 (c) cooperate with respect to all reasonable procedures sought to be pursued
26 by the Designating Party whose Protected Material may be affected.
27 If the Designating Party timely seeks a protective order, the Party served with the
28 subpoena or court order shall not produce any information designated in this action as
10
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 11 of 16 Page ID #:335
1 “CONFIDENTIAL” before a determination by the court from which the subpoena or
2 order issued, unless the Party has obtained the Designating Party’s permission. The
3 Designating Party shall bear the burden and expense of seeking protection in that court
4 of its confidential material and nothing in these provisions should be construed as
5 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive
6 from another court.
7 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
8 IN THIS LITIGATION
9 (a) The terms of this Order are applicable to information produced by a Non-
10 Party in this Action and designated as “CONFIDENTIAL.” Such information produced
11 by Non-Parties in connection with this litigation is protected by the remedies and relief
12 provided by this Order. Nothing in these provisions should be construed as prohibiting
13 a Non-Party from seeking additional protections.
14 (b) In the event that a Party is required, by a valid discovery request, to
15 produce a Non-Party’s confidential information in its possession, and the Party is
16 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential
17 information, then the Party shall:
18 1. promptly notify in writing the Requesting Party and the Non-Party
19 that some or all of the information requested is subject to a confidentiality agreement
20 with a Non-Party;
21 2. promptly provide the Non-Party with a copy of the Stipulated
22 Protective Order in this Action, the relevant discovery request(s), and a reasonably
23 specific description of the information requested; and
24 3. make the information requested available for inspection by the Non-
25 Party, if requested.
26 (c) If the Non-Party fails to seek a protective order from this court within 14
27 days of receiving the notice and accompanying information, the Receiving Party may
28 produce the Non-Party’s confidential information responsive to the discovery request.
11
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 12 of 16 Page ID #:336
1 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
2 any information in its possession or control that is subject to the confidentiality
3 agreement with the Non-Party before a determination by the court. Absent a court order
4 to the contrary, the Non-Party shall bear the burden and expense of seeking protection
5 in this court of its Protected Material.
6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
8 Protected Material to any person or in any circumstance not authorized under this
9 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
10 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
11 all unauthorized copies of the Protected Material, (c) inform the person or persons to
12 whom unauthorized disclosures were made of all the terms of this Order, and (d) request
13 such person or persons to execute the “Acknowledgment and Agreement to Be Bound”
14 that is attached hereto as Exhibit A.
15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
16 PROTECTED MATERIAL
17 When a Producing Party gives notice to Receiving Parties that certain
18 inadvertently produced material is subject to a claim of privilege or other protection,
19 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
20 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
21 may be established in an e-discovery order that provides for production without prior
22 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
23 parties reach an agreement on the effect of disclosure of a communication or
24 information covered by the attorney-client privilege or work product protection, the
25 parties may incorporate their agreement in the stipulated protective order submitted to
26 the court.
27 12. MISCELLANEOUS
28 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
12
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 13 of 16 Page ID #:337
1 person to seek its modification by the Court in the future.
2 12.2 Right to Assert Other Objections. By stipulating to the entry of this
3 Protective Order, no Party waives any right it otherwise would have to object to
4 disclosing or producing any information or item on any ground not addressed in this
5 Stipulated Protective Order. Similarly, no Party waives any right to object on any
6 ground to use in evidence of any of the material covered by this Protective Order.
7 12.3 Filing Protected Material. A Party that seeks to file under seal any
8 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
9 only be filed under seal pursuant to a court order authorizing the sealing of the specific
10 Protected Material at issue. If a Party’s request to file Protected Material under seal is
11 denied by the court, then the Receiving Party may file the information in the public
12 record unless otherwise instructed by the court.
13 13. FINAL DISPOSITION
14 After the final disposition of this Action, as defined in paragraph 4, within 60
15 days of a written request by the Designating Party, each Receiving Party must return all
16 Protected Material to the Producing Party or destroy such material. As used in this
17 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
18 summaries, and any other format reproducing or capturing any of the Protected
19 Material. Whether the Protected Material is returned or destroyed, the Receiving Party
20 must submit a written certification to the Producing Party (and, if not the same person
21 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
22 category, where appropriate) all the Protected Material that was returned or destroyed
23 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
24 compilations, summaries or any other format reproducing or capturing any of the
25 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
26 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
27 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
28 work product, and consultant and expert work product, even if such materials contain
13
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page14of16 Page ID #:338
1 | Protected Material. Any such archival copies that contain or constitute Protected
2 | Material remain subject to this Protective Order as set forth in Section 4 (DURATION).
3] 14. VIOLATION
4 Any violation of this Order may be punished by appropriate measures including,
5 | without limitation, contempt proceedings and/or monetary sanctions.
6 SO STIPULATED AND AGREED.
8 || Dated: May 31, 2022 Respectfully submitted,
9 TESSER GROSSMAN LLP
10
By: /s/ Brian M. Grossman
1] Brian M. Grossman
0 Bethany R. Burrill
Attorneys for Plaintiff
13 AMBER JOHNSON
14
15 | Dated: May 31, 2022 Respectfully submitted,
16 WINSTON & STRAWN LLP
17
18 By: /s/ Michael H. Swartz
Michael H. Swartz
19 Kobi Kennedy Brinson
Nikki S. Khorram
20 Attorneys for Defendant
21 LAMELO BALL
22
23 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED
Cty Mo k——
25
Dated: 5/31/2022 Hon. Alexander F. MacKinnon
26 United States Magistrate Judge
27
28
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 15 of 16 Page ID #:339
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, ____________________________ [print or type full name], of
5 ________________ [print or type full address], declare under penalty of perjury that I
6 have read in its entirety and understand the Stipulated Protective Order that was issued
7 by the United States District Court for the Central District of California on _____[date]
8 in the case of _____ [insert formal name of the case and the number and initials
9 assigned to it by the court]. I agree to comply with and to be bound by all the terms of
10 this Stipulated Protective Order and I understand and acknowledge that failure to so
11 comply could expose me to sanctions and punishment in the nature of contempt. I
12 solemnly promise that I will not disclose in any manner any information or item that is
13 subject to this Stipulated Protective Order to any person or entity except in strict
14 compliance with the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District Court for
16 the Central District of California for enforcing the terms of this Stipulated Protective
17 Order, even if such enforcement proceedings occur after termination of this action.
18 I hereby appoint __________________________ [print or type full name] of
19 _______________________________________ [print or type full address and
20 telephone number] as my California agent for service of process in connection with this
21 action or any proceedings related to enforcement of this Stipulated Protective Order.
22
23 Date: _____________________________________
24 City and State where sworn and signed: ________________________________
25
26 Printed name: _______________________________
27
28 Signature: _________________________________
15
STIPULATED PROTECTIVE ORDER
Case 2:22-cv-00884-AFM Document 36 Filed 05/31/22 Page 16 of 16 Page ID #:340
1 ATTESTATION
2 I, Michael H. Swartz, hereby attest that all signatories listed, and on whose behalf
3 the filing is submitted, concur in the filing’s content and have authorized the filing.
4
5 /s/ Michael H. Swartz
Michael H. Swartz
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STIPULATED PROTECTIVE ORDER