even stipulated protective orders require good 26 cause showing
How later courts described this case
- even stipulated protective orders require good 26 cause showing
Written by the judges who cited it.
The opinion
Case 2:21-cv-08066-SPG-JEM Document 42 Filed 06/28/22 Page 1 of 16 Page ID #:219
1 Jonathan D. Miller (SBN 220848)
2 Jordan T. Porter (SBN 250112)
NYE, STIRLING, HALE &
3 MILLER, LLP
4 33 West Mission Street, Suite 201
Santa Barbara, CA 93101
5 Telephone: (805) 963-2345
6 Facsimile: (805) 284-9590
jonathan@nshmlaw.com
7
jordan@nshmlaw.com
8
Attorneys for Plaintiff JANNE KOURI
9
AND THE PROPOSED CLASS
10
John W. Campbell (Pro Hac Vice)
11
FEDERAL EXPRESS CORPORATION
12 3620 Hacks Cross Road, Bldg. B, 3rd Floor
Memphis, TN 38125
13
Telephone: (901) 434-8403
14 jwcampbell@fedex.com
15
Attorney for Defendant
16 FEDERAL EXPRESS CORPORATION
17
UNITED STATES DISTRICT COURT
18
CENTRAL DISTRICT OF CALIFORNIA
19
20 JANNE KOURI, individually on Case No. 2:21-CV-08066-DMG-JEM
behalf of himself and all others
21 similarly situated, STIPULATED PROTECTIVE ORDER
22
Plaintiff,
23
v.
24
FEDERAL EXPRESS
25 CORPORATION; and DOES 1
through 25, inclusive,
26
Defendant.
27
28
Case 2:21-cv-08066-SPG-JEM Document 42 Filed 06/28/22 Page 2 of 16 Page ID #:220
1 1. INTRODUCTION
2 1.1 PURPOSES AND LIMITATIONS
3 Discovery in this action is likely to involve production of confidential,
4 proprietary, or private information for which special protection from public
5 disclosure and from use for any purpose other than prosecuting this litigation may
6 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
7 enter the following Stipulated Protective Order. The parties acknowledge that this
8 Order does not confer blanket protections on all disclosures or responses to
9 discovery and that the protection it affords from public disclosure and use extends
10 only to the limited information or items that are entitled to confidential treatment
11 under the applicable legal principles. The parties further acknowledge, as set forth in
12 Section 12.3, below, that this Stipulated Protective Order does not entitle them to
13 file confidential information under seal; Civil Local Rule 79-5 sets forth the
14 procedures that must be followed and the standards that will be applied when a party
15 seeks permission from the court to file material under seal.
16 1.2 GOOD CAUSE STATEMENT
17 This is a nationwide and statewide class action lawsuit filed against Federal
18 Express Corporation (“FedEx”) involving a putative class of handicapped
19 individuals that have used or attempted to use one or more of FedEx’s
20 approximately 34,000 nationwide drop boxes. Among the allegations are that
21 FedEx’s drop boxes fail to comply with the ADA Accessibility Guidelines
22 (“ADAAG”) in various way including the height and pull forces of the package and
23 supply cabinet doors, and that drop boxes lacked accessible routes and level
24 landings. Defenses include that proposed modifications would not be readily
25 achievable, would impose an undue burden on FedEx, and would fundamentally
26 alter the nature of the drop boxes. FedEx has also defended that it is engaged in
27 good faith efforts to remediate ADA accessibility issues with the drop boxes.
28
2
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1 FedEx is in competition with other companies and entities, including UPS,
2 DHL, and the United States Post Office regarding the shipment of packages.
3 FedEx’s drop boxes have unique designs not shared by these competitors. FedEx’s
4 drop box designs and information about their development, costs, usage, and
5 proposed modifications will likely be areas of discovery in this lawsuit. This
6 information is proprietary and would have competitive value to FedEx’s
7 competitors. It represents the expenditure of a great deal of money and resources in
8 research and development.
9 Discovery is likely to include multiple depositions, copious written discovery,
10 including dozens of Requests for Production by both sides, and the production of
11 thousands of documents. Exposure of proprietary information related to FedEx’s
12 drop boxes is likely to place FedEx at a competitive disadvantage, thereby
13 jeopardizing its business.
14 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
15 The parties further acknowledge, as set forth in Section 12.3, below, that this
16 Stipulated Protective Order does not entitle them to file confidential information
17 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and
18 the standards that will be applied when a party seeks permission from the Court to file
19 material under seal.
20 There is a strong presumption that the public has a right of access to judicial
21 proceedings and records in civil cases. In connection with non-dispositive motions,
22 good cause must be shown to support a filing under seal. See Kamakana v. City and
23 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
24 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,
25 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
26 cause showing), and a specific showing of good cause or compelling reasons with
27 proper evidentiary support and legal justification, must be made with respect to
28 Protected Material that a party seeks to file under seal. The parties’ mere designation
3
Case 2:21-cv-08066-SPG-JEM Document 42 Filed 06/28/22 Page 4 of 16 Page ID #:222
1 of Disclosure or Discovery Material as CONFIDENTIAL does not — without the
2 submission of competent evidence by declaration, establishing that the material
3 sought to be filed under seal qualifies as confidential, privileged, or otherwise
4 protectable — constitute good cause.
5 Further, if a party requests sealing related to a dispositive motion or trial, then
6 compelling reasons, not only good cause, for the sealing must be shown, and the relief
7 sought shall be narrowly tailored to serve the specific interest to be protected. See
8 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each
9 item or type of information, document, or thing sought to be filed or introduced under
10 seal in connection with a dispositive motion or trial, the party seeking protection must
11 articulate compelling reasons, supported by specific facts and legal justification, for
12 the requested sealing order. Again, competent evidence supporting the application to
13 file documents under seal must be provided by declaration.
14 Any document that is not confidential, privileged, or otherwise protectable in
15 its entirety will not be filed under seal if the confidential portions can be redacted. If
16 documents can be redacted, then a redacted version for public viewing, omitting only
17 the confidential, privileged, or otherwise protectable portions of the document, shall
18 be filed. Any application that seeks to file documents under seal in their entirety
19 should include an explanation of why redaction is not feasible.
20 2. DEFINITIONS
21 2.1 Action: This pending federal lawsuit.
22 2.2 Challenging Party: A Party or Non-Party that challenges the
23 designation of information or items under this Order.
24 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of
25 how it is generated, stored, or maintained) or tangible things that qualify for
26 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
27 the Good Cause Statement.
28
4
Case 2:21-cv-08066-SPG-JEM Document 42 Filed 06/28/22 Page 5 of 16 Page ID #:223
1 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
2 their support staff).
3 2.5 Designating Party: A Party or Non-Party that designates information or
4 items that it produces in disclosures or in responses to discovery as
5 “CONFIDENTIAL.”
6 2.6 Disclosure or Discovery Material: All items or information, regardless
7 of the medium or manner in which it is generated, stored, or maintained (including,
8 among other things, testimony, transcripts, and tangible things), that are produced or
9 generated in disclosures or responses to discovery in this matter.
10 2.7 Expert: A person with specialized knowledge or experience in a matter
11 pertinent to the litigation who has been retained by a Party or its counsel to serve as
12 an expert witness or as a consultant in this Action.
13 2.8 House Counsel: Attorneys who are employees of a party to this Action.
14 House Counsel does not include Outside Counsel of Record or any other outside
15 counsel.
16 2.9 Non-Party: Any natural person, partnership, corporation, association, or
17 other legal entity not named as a Party to this action.
18 2.10 Outside Counsel of Record: Attorneys who are not employees of a
19 party to this Action but are retained to represent or advise a party to this Action and
20 have appeared in this Action on behalf of that party or are affiliated with a law firm
21 which has appeared on behalf of that party and includes support staff.
22 2.11 Party: Any party to this Action, including all of its officers, directors,
23 employees, consultants, retained experts, and Outside Counsel of Record (and their
24 support staffs).
25 2.12 Producing Party: A Party or Non-Party that produces Disclosure or
26 Discovery Material in this Action.
27 2.13 Professional Vendors: Persons or entities that provide litigation support
28 services (e.g., photocopying, videotaping, translating, preparing exhibits or
5
Case 2:21-cv-08066-SPG-JEM Document 42 Filed 06/28/22 Page 6 of 16 Page ID #:224
1 demonstrations, and organizing, storing, or retrieving data in any form or medium)
2 and their employees and subcontractors.
3 2.14 Protected Material: Any Disclosure or Discovery Material that is
4 designated as “CONFIDENTIAL.”
5 2.15 Receiving Party: A Party that receives Disclosure or Discovery
6 Material from a Producing Party.
7 3. SCOPE
8 The protections conferred by this Stipulation and Order cover not only
9 Protected Material (as defined above), but also (1) any information copied or
10 extracted from Protected Material; (2) all copies, excerpts, summaries, or
11 compilations of Protected Material; and (3) any testimony, conversations, or
12 presentations by Parties or their Counsel that might reveal Protected Material.
13 Any use of Protected Material at trial will be governed by the orders of the trial
14 judge. This Order does not govern the use of Protected Material at trial.
15 4. DURATION
16 Even after final disposition of this litigation, the confidentiality obligations
17 imposed by this Order will remain in effect until a Designating Party agrees
18 otherwise in writing or a court order otherwise directs. Final disposition will be
19 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
20 or without prejudice; and (2) final judgment herein after the completion and
21 exhaustion of all appeals, re-hearings, remands, trials, or reviews of this Action,
22 including the time limits for filing any motions or applications for extension of time
23 pursuant to applicable law.
24 5. DESIGNATING PROTECTED MATERIAL
25 5.1 Exercise of Restraint and Care in Designating Material for Protection.
26 Each Party or Non-Party that designates information or items for protection under
27 this Order must take care to limit any such designation to specific material that
28 qualifies under the appropriate standards. The Designating Party must designate for
6
Case 2:21-cv-08066-SPG-JEM Document 42 Filed 06/28/22 Page 7 of 16 Page ID #:225
1 protection only those parts of material, documents, items, or oral or written
2 communications that qualify so that other portions of the material, documents,
3 items, or communications for which protection is not warranted are not swept
4 unjustifiably within the ambit of this Order.
5 Mass, indiscriminate, or routinized designations are prohibited. Designations
6 that are shown to be clearly unjustified or that have been made for an improper
7 purpose (e.g., to unnecessarily encumber the case development process or to impose
8 unnecessary expenses and burdens on other parties) may expose the Designating
9 Party to sanctions.
10 If it comes to a Designating Party’s attention that information or items that it
11 designated for protection do not qualify for protection, that Designating Party must
12 promptly notify all other Parties that it is withdrawing the inapplicable designation.
13 5.2 Manner and Timing of Designations. Except as otherwise provided in
14 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
15 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
16 under this Order must be clearly so designated before the material is disclosed or
17 produced.
18 Designation in conformity with this Order requires:
19 (a) for information in documentary form (e.g., paper or electronic documents,
20 but excluding transcripts of depositions or other pretrial or trial proceedings), that
21 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
22 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
23 portion or portions of the material on a page qualifies for protection, the Producing
24 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
25 markings in the margins).
26 A Party or Non-Party that makes original documents available for inspection
27 need not designate them for protection until after the inspecting Party has indicated
28 which documents it would like copied and produced. During the inspection and
7
Case 2:21-cv-08066-SPG-JEM Document 42 Filed 06/28/22 Page 8 of 16 Page ID #:226
1 before the designation, all of the material made available for inspection will be
2 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
3 documents it wants copied and produced, the Producing Party must determine which
4 documents, or portions thereof, qualify for protection under this Order. Then, before
5 producing the specified documents, the Producing Party must affix the
6 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
7 portion or portions of the material on a page qualifies for protection, the Producing
8 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
9 markings in the margins).
10 (b) for testimony given in depositions that the Designating Party identify the
11 Disclosure or Discovery Material on the record, before the close of the deposition all
12 protected testimony.
13 (c) for information produced in some form other than documentary and for
14 any other tangible items, that the Producing Party affix in a prominent place on the
15 exterior of the container or containers in which the information is stored the legend
16 “CONFIDENTIAL.” If only a portion or portions of the information warrants
17 protection, the Producing Party, to the extent practicable, will identify the protected
18 portion(s).
19 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
20 failure to designate qualified information or items does not, standing alone, waive
21 the Designating Party’s right to secure protection under this Order for such material.
22 Upon timely correction of a designation, the Receiving Party must make reasonable
23 efforts to assure that the material is treated in accordance with the provisions of this
24 Order.
25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
26 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
27 designation of confidentiality at any time that is consistent with the Court’s
28 Scheduling Order.
8
Case 2:21-cv-08066-SPG-JEM Document 42 Filed 06/28/22 Page 9 of 16 Page ID #:227
1 6.2 Meet and Confer. The Challenging Party will initiate the dispute
2 resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1
3 et seq.
4 6.3 The burden of persuasion in any such challenge proceeding will be on
5 the Designating Party. Frivolous challenges, and those made for an improper
6 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
7 parties) may expose the Challenging Party to sanctions. Unless the Designating
8 Party has waived or withdrawn the confidentiality designation, all parties will
9 continue to afford the material in question the level of protection to which it is
10 entitled under the Producing Party’s designation until the Court rules on the
11 challenge.
12 7. ACCESS TO AND USE OF PROTECTED MATERIAL
13 7.1 Basic Principles. A Receiving Party may use Protected Material that is
14 disclosed or produced by another Party or by a Non-Party in connection with this
15 Action only for prosecuting, defending, or attempting to settle this Action. Such
16 Protected Material may be disclosed only to the categories of persons and under the
17 conditions described in this Order. When the Action has been terminated, a
18 Receiving Party must comply with the provisions of section 13 below (FINAL
19 DISPOSITION).
20 Protected Material must be stored and maintained by a Receiving Party at a
21 location and in a secure manner that ensures that access is limited to the persons
22 authorized under this Order.
23 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
24 otherwise ordered by the court or permitted in writing by the Designating Party, a
25 Receiving Party may disclose any information or item designated
26 “CONFIDENTIAL” only to:
27
28
9
Case 2:21-cv-08066-SPG-JEM Document 42 Filed 06/28/22 Page 10 of 16 Page ID #:228
1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
2 well as employees of said Outside Counsel of Record to whom it is reasonably
3 necessary to disclose the information for this Action;
4 (b) the officers, directors, and employees (including House Counsel) of
5 the Receiving Party to whom disclosure is reasonably necessary for this Action;
6 (c) Experts (as defined in this Order) of the Receiving Party to whom
7 disclosure is reasonably necessary for this Action and who have signed the
8 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9 (d) the Court and its personnel;
10 (e) court reporters and their staff;
11 (f) professional jury or trial consultants, mock jurors, and Professional
12 Vendors to whom disclosure is reasonably necessary for this Action and who have
13 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
14 (g) the author or recipient of a document containing the information or a
15 custodian or other person who otherwise possessed or knew the information;
16 (h) during their depositions, witnesses ,and attorneys for witnesses, in the
17 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
18 requests that the witness sign the form attached as Exhibit A hereto; and (2) they
19 will not be permitted to keep any confidential information unless they sign the
20 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
21 agreed by the Designating Party or ordered by the court. Pages of transcribed
22 deposition testimony or exhibits to depositions that reveal Protected Material may
23 be separately bound by the court reporter and may not be disclosed to anyone except
24 as permitted under this Stipulated Protective Order; and
25 (i) any mediator or settlement officer, and their supporting personnel,
26 mutually agreed upon by any of the parties engaged in settlement discussions.
27 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
28 IN OTHER LITIGATION
10
Case 2:21-cv-08066-SPG-JEM Document 42 Filed 06/28/22 Page 11 of 16 Page ID #:229
1 If a Party is served with a subpoena or a court order issued in other litigation
2 that compels disclosure of any information or items designated in this Action as
3 “CONFIDENTIAL,” that Party must:
4 (a) promptly notify in writing the Designating Party. Such notification
5 will include a copy of the subpoena or court order;
6 (b) promptly notify in writing the party who caused the subpoena or order
7 to issue in the other litigation that some or all of the material covered by the
8 subpoena or order is subject to this Protective Order. Such notification will include
9 a copy of this Stipulated Protective Order; and
10 (c) cooperate with respect to all reasonable procedures sought to be
11 pursued by the Designating Party whose Protected Material may be affected.
12 If the Designating Party timely seeks a protective order, the Party served with
13 the subpoena or court order will not produce any information designated in this
14 action as “CONFIDENTIAL” before a determination by the court from which the
15 subpoena or order issued, unless the Party has obtained the Designating Party’s
16 permission. The Designating Party will bear the burden and expense of seeking
17 protection in that court of its confidential material and nothing in these provisions
18 should be construed as authorizing or encouraging a Receiving Party in this Action
19 to disobey a lawful directive from another court.
20 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
21 PRODUCED IN THIS LITIGATION
22 (a) The terms of this Order are applicable to information produced by a
23 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
24 produced by Non-Parties in connection with this litigation is protected by the
25 remedies and relief provided by this Order. Nothing in these provisions should be
26 construed as prohibiting a Non-Party from seeking additional protections.
27 (b) In the event that a Party is required, by a valid discovery request, to
28 produce a Non-Party’s confidential information in its possession, and the Party is
11
Case 2:21-cv-08066-SPG-JEM Document 42 Filed 06/28/22 Page 12 of 16 Page ID #:230
1 subject to an agreement with the Non-Party not to produce the Non-Party’s
2 confidential information, then the Party will:
3 (1) promptly notify in writing the Requesting Party and the Non-Party
4 that some or all of the information requested is subject to a confidentiality
5 agreement with a Non-Party;
6 (2) promptly provide the Non-Party with a copy of the Stipulated
7 Protective Order in this Action, the relevant discovery request(s), and a reasonably
8 specific description of the information requested; and
9 (3) make the information requested available for inspection by the
10 Non-Party, if requested.
11 (c) If the Non-Party fails to seek a protective order from this court within
12 14 days of receiving the notice and accompanying information, the Receiving Party
13 may produce the Non-Party’s confidential information responsive to the discovery
14 request. If the Non-Party timely seeks a protective order, the Receiving Party will
15 not produce any information in its possession or control that is subject to the
16 confidentiality agreement with the Non-Party before a determination by the court.
17 Absent a court order to the contrary, the Non-Party will bear the burden and expense
18 of seeking protection in this court of its Protected Material.
19 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
21 Protected Material to any person or in any circumstance not authorized under this
22 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
23 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
24 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
25 persons to whom unauthorized disclosures were made of all the terms of this Order,
26 and (d) request such person or persons to execute the “Acknowledgment and
27 Agreement to Be Bound” that is attached hereto as Exhibit A.
28
12
Case 2:21-cv-08066-SPG-JEM Document 42 Filed 06/28/22 Page 13 of 16 Page ID #:231
1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
2 PROTECTED MATERIAL
3 When a Producing Party gives notice to Receiving Parties that certain
4 inadvertently produced material is subject to a claim of privilege or other protection,
5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever
7 procedure may be established in an e-discovery order that provides for production
8 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
9 (e), insofar as the parties reach an agreement on the effect of disclosure of a
10 communication or information covered by the attorney-client privilege or work
11 product protection, the parties may incorporate their agreement in the stipulated
12 protective order submitted to the court.
13 12. MISCELLANEOUS
14 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
15 person to seek its modification by the Court in the future.
16 12.2 Right to Assert Other Objections. By stipulating to the entry of this
17 Protective Order no Party waives any right it otherwise would have to object to
18 disclosing or producing any information or item on any ground not addressed in this
19 Stipulated Protective Order. Similarly, no Party waives any right to object on any
20 ground to use in evidence of any of the material covered by this Protective Order.
21 12.3 Filing Protected Material. A Party that seeks to file under seal any
22 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
23 only be filed under seal pursuant to a court order authorizing the sealing of the
24 specific Protected Material at issue. If a Party's request to file Protected Material
25 under seal is denied by the court, then the Receiving Party may file the information
26 in the public record unless otherwise instructed by the court.
27 ///
28 ///
13
Case 2:21-cv-08066-SPG-JEM Document 42 Filed 06/28/22 Page 14 of 16 Page ID #:232
1 13. FINAL DISPOSITION
2 After the final disposition of this Action, as defined in paragraph 4, within 60
3 days of a written request by the Designating Party, each Receiving Party must return
4 all Protected Material to the Producing Party or destroy such material. As used in
5 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
6 summaries, and any other format reproducing or capturing any of the Protected
7 Material. Whether the Protected Material is returned or destroyed, the Receiving
8 Party must submit a written certification to the Producing Party (and, if not the same
9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
10 (by category, where appropriate) all the Protected Material that was returned or
11 destroyed and (2) affirms that the Receiving Party has not retained any copies,
12 abstracts, compilations, summaries or any other format reproducing or capturing any
13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
16 reports, attorney work product, and consultant and expert work product, even if such
17 materials contain Protected Material. Any such archival copies that contain or
18 constitute Protected Material remain subject to this Protective Order as set forth in
19 Section 4 (DURATION).
20 14. Any willful violation of this Order may be punished by civil or criminal
21 contempt proceedings, financial or evidentiary sanctions, reference to disciplinary
22 authorities, or other appropriate action at the discretion of the Court.
23
24 [Signatures below]
25
26
27
28
14
Case 4{21-cv-O8066-SPG-JEM Document 42 Filed 06/28/22 Page15o0f16 Page ID #:233
1 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: June 27, 2022 /s/ Jonathan D. Miller
3 JONATHAN D. MILLER, ESQ.
Attorney for Plaintiff JANNE KOURI
4 AND THE PROPOSED CLASS
7 || DATED: June 27, 2022 /s/ John W. Campbell
JOHN W. CAMPBELL, ESQ.
8 Attorney for Defendant,
9 FEDERAL EXPRESS CORPORATION
10
1 1 . . . .
Local Rule 5-4.3.4 Certification: I hereby attest that all other signatories
12
listed, on whose behalf this filing is submitted, concur in the filing’s content, and
13
have authorized this filing.
14
15 || DATED: June 27, 2022 /s/ Jonathan D. Miller
6 JONATHAN D. MILLER, ESQ.
17
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
18
19 ‘ph EWeDenna \\
DATED: 6/28/2022
20 DOKLYOMAGEEK
71 JOHN E. MCDERMOTT
United States Magistrate Judge
22
23
24
25
26
27
28
15
Case 2:21-cv-08066-SPG-JEM Document 42 Filed 06/28/22 Page 16 of 16 Page ID #:234
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, _____________________________ [full name], of _________________
5 [full address], declare under penalty of perjury that I have read in its entirety and
6 understand the Stipulated Protective Order that was issued by the United States
7 District Court for the Central District of California on May 3, 2022 in the case of
8 Janne Kouri v. Federal Express Corporation, Case No. 2:21-CV-08066-DMG-JEM.
9 I agree to comply with and to be bound by all the terms of this Stipulated Protective
10 Order and I understand and acknowledge that failure to so comply could expose me
11 to sanctions and punishment in the nature of contempt. I solemnly promise that I
12 will not disclose in any manner any information or item that is subject to this
13 Stipulated Protective Order to any person or entity except in strict compliance with
14 the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District Court
16 for the Central District of California for the purpose of enforcing the terms of this
17 Stipulated Protective Order, even if such enforcement proceedings occur after
18 termination of this action. I hereby appoint __________________________ [full
19 name] of _______________________________________ [full address and
20 telephone number] as my California agent for service of process in connection with
21 this action or any proceedings related to enforcement of this Stipulated Protective
22 Order.
23 Date: ______________________________________
24 City and State where signed: _________________________________
25
26 Printed name: _______________________________
27
28 Signature: __________________________________
16