even stipulated 14 protective orders require good cause showing
How later courts described this case
- even stipulated 14 protective orders require good cause showing
Written by the judges who cited it.
The opinion
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 1 of 17 Page ID #:104
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 TYRONA TUCKER, ) Case No. 8:22-cv-00144-CJC-JDE
)
11 )
Plaintiff, ) STIPULATION AND PROPOSED
12 ) PROTECTIVE ORDER
)
13 v. )
)
14 )
EXPERIAN INFORMATION )
15 SOLUTIONS, INC., )
)
16 )
Defendants. )
17
18
Pursuant to the parties’ Stipulation (Dkt. 23) and for good cause shown,
19
the Court finds and orders as follows:
20
1. PURPOSES AND LIMITATIONS
21
Discovery in this action is likely to involve production of confidential,
22
proprietary or private information for which special protection from public
23
disclosure and from use for any purpose other than pursuing this litigation may
24
be warranted. Accordingly, the parties hereby stipulate to and petition the
25
Court to enter the following Stipulated Protective Order. The parties
26
acknowledge that this Order does not confer blanket protections on all
27
disclosures or responses to discovery and that the protection it affords from
28
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 2 of 17 Page ID #:105
1 public disclosure and use extends only to the limited information or items that
2 are entitled to confidential treatment under the applicable legal principles.
3 2. GOOD CAUSE STATEMENT
4 This action is likely to involve trade secrets, customer and pricing lists
5 and other valuable research, development, commercial, financial, technical
6 and/or proprietary information for which special protection from public
7
disclosure and from use for any purpose other than prosecution of this action is
8
warranted. Such confidential and proprietary materials and information
9
consist of, among other things, confidential business or financial information,
10
information regarding confidential business practices, or other confidential
11
research, development, or commercial information (including information
12
implicating privacy rights of third parties), information otherwise generally
13
unavailable to the public, or which may be privileged or otherwise protected
14
from disclosure under state or federal statutes, court rules, case decisions, or
15
common law. Accordingly, to expedite the flow of information, to facilitate the
16
prompt resolution of disputes over confidentiality of discovery materials, to
17
adequately protect information the parties are entitled to keep confidential, to
18
ensure that the parties are permitted reasonable necessary uses of such material
19
in preparation for and in the conduct of trial, to address their handling at the
20
21 end of the litigation, and serve the ends of justice, a protective order for such
22 information is justified in this matter. It is the intent of the parties that
23 information will not be designated as confidential for tactical reasons and that
24 nothing be so designated without a good faith belief that it has been
25 maintained in a confidential, non-public manner, and there is good cause why
26 it should not be part of the public record of this case.
27 / / /
28 / / /
2
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 3 of 17 Page ID #:106
1 3. ACKNOWLEDGMENT OF UNDER SEAL FILING
2 PROCEDURE
3 The parties further acknowledge, as set forth in Section 14.3, below, that
4 this Stipulated Protective Order does not entitle them to file confidential
5 information under seal; Local Civil Rule 79-5 sets forth the procedures that
6 must be followed and the standards that will be applied when a party seeks
7
permission from the court to file material under seal. There is a strong
8
presumption that the public has a right of access to judicial proceedings and
9
records in civil cases. In connection with non-dispositive motions, good cause
10
must be shown to support a filing under seal. See Kamakana v. City and
11
County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.
12
Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
13
Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
14
protective orders require good cause showing), and a specific showing of good
15
cause or compelling reasons with proper evidentiary support and legal
16
justification, must be made with respect to Protected Material that a party
17
seeks to file under seal. The parties’ mere designation of Disclosure or
18
Discovery Material as CONFIDENTIAL does not— without the submission
19
of competent evidence by declaration, establishing that the material sought to
20
21 be filed under seal qualifies as confidential, privileged, or otherwise
22 protectable—constitute good cause.
23 Further, if a party requests sealing related to a dispositive motion or trial,
24 then compelling reasons, not only good cause, for the sealing must be shown,
25 and the relief sought shall be narrowly tailored to serve the specific interest to
26 be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th
27 Cir. 2010). For each item or type of information, document, or thing sought to
28 be filed or introduced under seal, the party seeking protection must articulate
3
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 4 of 17 Page ID #:107
1 compelling reasons, supported by specific facts and legal justification, for the
2 requested sealing order. Again, competent evidence supporting the application
3 to file documents under seal must be provided by declaration.
4 Any document that is not confidential, privileged, or otherwise
5 protectable in its entirety will not be filed under seal if the confidential portions
6 can be redacted. If documents can be redacted, then a redacted version for
7
public viewing, omitting only the confidential, privileged, or otherwise
8
protectable portions of the document, shall be filed. Any application that seeks
9
to file documents under seal in their entirety should include an explanation of
10
why redaction is not feasible.
11
4. DEFINITIONS
12
4.1 Action: Tyrona Tucker v. Experian Information Solutions, Inc.,
13
United States District Court, Central District of California, Case No. 8:22-cv-
14
00144-CJC-JDE
15
4.2 Challenging Party: a Party or Non-Party that challenges the
16
designation of information or items under this Order.
17
4.3 “CONFIDENTIAL” Information or Items: information
18
(regardless of how it is generated, stored or maintained) or tangible things that
19
20 qualify for protection under Federal Rule of Civil Procedure 26(c), and as
21 specified above in the Good Cause Statement.
22 4.4 Counsel: Outside Counsel of Record and House Counsel (as well
23 as their support staff).
24 4.5 Designating Party: a Party or Non-Party that designates
25 information or items that it produces in disclosures or in responses to discovery
26 as “CONFIDENTIAL.”
27 4.6 Disclosure or Discovery Material: all items or information,
28 regardless of the medium or manner in which it is generated, stored, or
4
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 5 of 17 Page ID #:108
1 maintained (including, among other things, testimony, transcripts, and tangible
2 things), that are produced or generated in disclosures or responses to discovery.
3 4.7 Expert: a person with specialized knowledge or experience in a
4 matter pertinent to the litigation who has been retained by a Party or its
5 counsel to serve as an expert witness or as a consultant in this Action.
6 4.8 House Counsel: attorneys who are employees of a party to this
7
Action. House Counsel does not include Outside Counsel of Record or any
8
other outside counsel.
9
4.9 Non-Party: any natural person, partnership, corporation,
10
association or other legal entity not named as a Party to this action.
11
4.10 Outside Counsel of Record: attorneys who are not employees of a
12
party to this Action but are retained to represent a party to this Action and
13
have appeared in this Action on behalf of that party or are affiliated with a law
14
firm that has appeared on behalf of that party, and includes support staff.
15
4.11 Party: any party to this Action, including all of its officers,
16
directors, employees, consultants, retained experts, and Outside Counsel of
17
Record (and their support staffs).
18
4.12 Producing Party: a Party or Non-Party that produces Disclosure or
19
Discovery Material in this Action.
20
21 4.13 Professional Vendors: persons or entities that provide litigation
22 support services (e.g., photocopying, videotaping, translating, preparing
23 exhibits or demonstrations, and organizing, storing, or retrieving data in any
24 form or medium) and their employees and subcontractors.
25 4.14 Protected Material: any Disclosure or Discovery Material that is
26 designated as “CONFIDENTIAL.”
27 4.15 Receiving Party: a Party that receives Disclosure or Discovery
28 Material from a Producing Party.
5
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 6 of 17 Page ID #:109
1 5. SCOPE
2 The protections conferred by this Stipulation and Order cover not only
3 Protected Material (as defined above), but also (1) any information copied or
4 extracted from Protected Material; (2) all copies, excerpts, summaries, or
5 compilations of Protected Material; and (3) any testimony, conversations, or
6 presentations by Parties or their Counsel that might reveal Protected Material.
7
Any use of Protected Material at trial shall be governed by the orders of
8
the trial judge and other applicable authorities. This Order does not govern the
9
use of Protected Material at trial.
10
6. DURATION
11
Once a case proceeds to trial, information that was designated as
12
CONFIDENTIAL or maintained pursuant to this protective order used or
13
introduced as an exhibit at trial becomes public and will be presumptively
14
available to all members of the public, including the press, unless compelling
15
reasons supported by specific factual findings to proceed otherwise are made to
16
the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
17
(distinguishing “good cause” showing for sealing documents produced in
18
discovery from “compelling reasons” standard when merits-related documents
19
are part of court record). Accordingly, the terms of this protective order do not
20
21 extend beyond the commencement of the trial.
22 7. DESIGNATING PROTECTED MATERIAL
23 7.1 Exercise of Restraint and Care in Designating Material for
24 Protection. Each Party or Non-Party that designates information
25 or items for protection under this Order must take care to limit any such
26 designation to specific material that qualifies under the appropriate standards.
27 The Designating Party must designate for protection only those parts of
28 material, documents, items or oral or written communications that qualify so
6
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 7 of 17 Page ID #:110
1 that other portions of the material, documents, items or communications for
2 which protection is not warranted are not swept unjustifiably within the ambit
3 of this Order.
4 Mass, indiscriminate or routinized designations are prohibited.
5 Designations that are shown to be clearly unjustified or that have been made
6 for an improper purpose (e.g., to unnecessarily encumber the case development
7
process or to impose unnecessary expenses and burdens on other parties) may
8
expose the Designating Party to sanctions.
9
If it comes to a Designating Party’s attention that information or items
10
that it designated for protection do not qualify for protection, that Designating
11
Party must promptly notify all other Parties that it is withdrawing the
12
inapplicable designation.
13
7.2 Manner and Timing of Designations. Except as otherwise
14
provided in this Order, or as otherwise stipulated or ordered, Disclosure of
15
Discovery Material that qualifies for protection under this Order must be
16
clearly so designated before the material is disclosed or produced.
17
Designation in conformity with this Order requires:
18
(a) for information in documentary form (e.g., paper or electronic
19
documents, but excluding transcripts of depositions or other pretrial or trial
20
21 proceedings), that the Producing Party affix at a minimum, the legend
22 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page
23 that contains protected material. If only a portion of the material on a page
24 qualifies for protection, the Producing Party also must clearly identify the
25 protected portion(s) (e.g., by making appropriate markings in the margins).
26 A Party or Non-Party that makes original documents available for
27 inspection need not designate them for protection until after the inspecting
28 Party has indicated which documents it would like copied and produced.
7
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 8 of 17 Page ID #:111
1 During the inspection and before the designation, all of the material made
2 available for inspection shall be deemed “CONFIDENTIAL.” After the
3 inspecting Party has identified the documents it wants copied and produced,
4 the Producing Party must determine which documents, or portions thereof,
5 qualify for protection under this Order. Then, before producing the specified
6 documents, the Producing Party must affix the “CONFIDENTIAL legend” to
7
each page that contains Protected Material. If only a portion of the material on
8
a page qualifies for protection, the Producing Party also must clearly identify
9
the protected portion(s) (e.g., by making appropriate markings in the margins).
10
(b) for testimony given in depositions that the Designating Party
11
identifies the Disclosure or Discovery Material on the record, before the close
12
of the deposition all protected testimony.
13
(c) for information produced in some form other than
14
documentary and for any other tangible items, that the Producing Party affix
15
in a prominent place on the exterior of the container or containers in which the
16
information is stored the legend “CONFIDENTIAL.” If only a portion or
17
portions of the information warrants protection, the Producing Party, to the
18
extent practicable, shall identify the protected portion(s).
19
7.3 Inadvertent Failures to Designate. If timely corrected, an
20
21 inadvertent failure to designate qualified information or items does not,
22 standing alone, waive the Designating Party’s right to secure protection under
23 this Order for such material. Upon timely correction of a designation, the
24 Receiving Party must make reasonable efforts to assure that the material is
25 treated in accordance with the provisions of this Order.
26 / / /
27 / / /
28 / / /
8
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 9 of 17 Page ID #:112
1 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2 8.1. Timing of Challenges. Any Party or Non-Party may challenge a
3 designation of confidentiality at any time that is consistent with the Court’s
4 Scheduling Order.
5 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
6 resolution process under Local Rule 37-1 et seq.
7
8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
8
joint stipulation pursuant to Local Rule 37-2.
9
8.4 The burden of persuasion in any such challenge proceeding shall be
10
on the Designating Party. Frivolous challenges, and those made for an
11
improper purpose (e.g., to harass or impose unnecessary expenses and burdens
12
on other parties) may expose the Challenging Party to sanctions. Unless the
13
Designating Party has waived or withdrawn the confidentiality designation, all
14
parties shall continue to afford the material in question the level of protection
15
to which it is entitled under the Producing Party’s designation until the Court
16
rules on the challenge.
17
9. ACCESS TO AND USE OF PROTECTED MATERIAL
18
9.1 Basic Principles. A Receiving Party may use Protected Material that
19
is disclosed or produced by another Party or by a Non-Party in connection
20
21 with this Action only for prosecuting, defending or attempting to settle this
22 Action. Such Protected Material may be disclosed only to the categories of
23 persons and under the conditions described in this Order. When the Action has
24 been terminated, a Receiving Party must comply with the provisions of section
25 15 below (FINAL DISPOSITION).
26
9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
27
otherwise ordered by the court or permitted in writing by the Designating
28
9
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 10 of 17 Page ID #:113
1 Party, a Receiving Party may disclose any information or item designated
2 “CONFIDENTIAL” only to:
3 (a) the Receiving Party’s Outside Counsel of Record in this
4 Action, as well as employees of said Outside Counsel of Record to whom it is
5 reasonably necessary to disclose the information for this Action;
6 (b) the officers, directors, and employees (including House
7
Counsel) of the Receiving Party to whom disclosure is reasonably necessary
8
for this Action;
9
(c) Experts (as defined in this Order) of the Receiving Party to
10
whom disclosure is reasonably necessary for this Action and who have signed
11
the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
12
(d) the court and its personnel;
13
(e) court reporters and their staff;
14
(f) professional jury or trial consultants, mock jurors, and
15
Professional Vendors to whom disclosure is reasonably necessary for this
16
Action and who have signed the “Acknowledgment and Agreement to Be
17
Bound” (Exhibit A);
18
(g) the author or recipient of a document containing the
19
information or a custodian or other person who otherwise possessed or knew
20
21 the information;
22 (h) during their depositions, witnesses, and attorneys for witnesses,
23 in the Action to whom disclosure is reasonably necessary provided: (1) the
24 deposing party requests that the witness sign the form attached as Exhibit A
25 hereto; and (2) they will not be permitted to keep any confidential information
26 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit
27 A), unless otherwise agreed by the Designating Party or ordered by the court.
28 Pages of transcribed deposition testimony or exhibits to depositions that reveal
10
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 11 of 17 Page ID #:114
1 Protected Material may be separately bound by the court reporter and may not
2 be disclosed to anyone except as permitted under this Stipulated Protective
3 Order; and
4 (i) any mediators or settlement officers and their supporting
5 personnel, mutually agreed upon by any of the parties engaged in settlement
6 discussions.
7
10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
8 PRODUCED IN OTHER LITIGATION
9
If a Party is served with a subpoena or a court order issued in other
10
litigation that compels disclosure of any information or items designated in this
11
Action as “CONFIDENTIAL,” that Party must:
12
(a) promptly notify in writing the Designating Party. Such
13
notification shall include a copy of the subpoena or court order;
14
(b) promptly notify in writing the party who caused the subpoena
15
or order to issue in the other litigation that some or all of the material covered
16
by the subpoena or order is subject to this Protective Order. Such notification
17
shall include a copy of this Stipulated Protective Order; and
18
(c) cooperate with respect to all reasonable procedures sought to be
19
pursued by the Designating Party whose Protected Material may be affected. If
20
21 the Designating Party timely seeks a protective order, the Party served with the
22 subpoena or court order shall not produce any information designated in this
23 action as “CONFIDENTIAL” before a determination by the court from which
24 the subpoena or order issued, unless the Party has obtained the Designating
25 Party’s permission. The Designating Party shall bear the burden and expense
26 of seeking protection in that court of its confidential material and nothing in
27 these provisions should be construed as authorizing or encouraging a
28 Receiving Party in this Action to disobey a lawful directive from another court.
11
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 12 of 17 Page ID #:115
1 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
BE PRODUCED IN THIS LITIGATION
2
3 (a) The terms of this Order are applicable to information produced
4 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
5 information produced by Non-Parties in connection with this litigation is
6 protected by the remedies and relief provided by this Order. Nothing in these
7
provisions should be construed as prohibiting a Non-Party from seeking
8
additional protections.
9
(b) In the event that a Party is required, by a valid discovery
10
request, to produce a Non-Party’s confidential information in its possession,
11
and the Party is subject to an agreement with the Non-Party not to produce the
12
Non-Party’s confidential information, then the Party shall:
13
(1) promptly notify in writing the Requesting Party and the Non-
14
Party that some or all of the information requested is subject to a
15
confidentiality agreement with a Non-Party;
16
(2) promptly provide the Non-Party with a copy of the Stipulated
17
Protective Order in this Action, the relevant discovery request(s), and a
18
reasonably specific description of the information requested; and
19
(3) make the information requested available for inspection by the
20
21 Non-Party, if requested.
22 (c) If the Non-Party fails to seek a protective order from this court
23 within 14 days of receiving the notice and accompanying information, the
24 Receiving Party may produce the Non-Party’s confidential information
25 responsive to the discovery request. If the Non-Party timely seeks a protective
26 order, the Receiving Party shall not produce any information in its possession
27 or control that is subject to the confidentiality agreement with the Non-Party
28 before a determination by the court. Absent a court order to the contrary, the
12
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 13 of 17 Page ID #:116
1 Non-Party shall bear the burden and expense of seeking protection in this court
2 of its Protected Material.
3 12. UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL
4
5 If a Receiving Party learns that, by inadvertence or otherwise, it has
6 disclosed Protected Material to any person or in any circumstance not
7
authorized under this Stipulated Protective Order, the Receiving Party must
8
immediately (a) notify in writing the Designating Party of the unauthorized
9
disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
10
Protected Material, (c) inform the person or persons to whom unauthorized
11
disclosures were made of all the terms of this Order, and (d) request such
12
person or persons to execute the “Acknowledgment an Agreement to Be
13
Bound” attached hereto as Exhibit A.
14
13. INADVERTENT PRODUCTION OF PRIVILEGED OR
15
OTHERWISE PROTECTED MATERIAL
16
When a Producing Party gives notice to Receiving Parties that certain
17
inadvertently produced material is subject to a claim of privilege or other
18
protection, the obligations of the Receiving Parties are those set forth in
19
Federal Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to
20
21 modify whatever procedure may be established in an e-discovery order that
22 provides for production without prior privilege review. Pursuant to Federal
23 Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on
24 the effect of disclosure of a communication or information covered by the
25 attorney-client privilege or work product protection, the parties may
26 incorporate their agreement in the stipulated protective order submitted to the
27 court.
28 / / /
13
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 14 of 17 Page ID #:117
1 14. MISCELLANEOUS
2 14.1 Right to Further Relief. Nothing in this Order abridges the right of
3 any person to seek its modification by the Court in the future.
4 14.2 Right to Assert Other Objections. By stipulating to the entry of this
5 Protective Order, no Party waives any right it otherwise would have to object
6 to disclosing or producing any information or item on any ground not
7
addressed in this Stipulated Protective Order. Similarly, no Party waives any
8
right to object on any ground to use in evidence of any of the material covered
9
by this Protective Order.
10
14.3 Filing Protected Material. A Party that seeks to file under seal any
11
Protected Material must comply with Local Civil Rule 79-5. Protected
12
Material may only be filed under seal pursuant to a court order authorizing the
13
sealing of the specific Protected Material. If a Party’s request to file Protected
14
Material under seal is denied by the court, then the Receiving Party may file
15
the information in the public record unless otherwise instructed by the court.
16
15. FINAL DISPOSITION
17
After the final disposition of this Action, as defined in paragraph 6,
18
within 60 days of a written request by the Designating Party, each Receiving
19
Party must return all Protected Material to the Producing Party or destroy such
20
21 material. As used in this subdivision, “all Protected Material” includes all
22 copies, abstracts, compilations, summaries, and any other format reproducing
23 or capturing any of the Protected Material. Whether the Protected Material is
24 returned or destroyed, the Receiving Party must submit a written certification
25 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,
27 where appropriate) all the Protected Material that was returned or destroyed
28 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
14
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page15o0f17 Page ID#:118
1 !}compilations, summaries or any other format reproducing or capturing any of
2 ||the Protected Material. Notwithstanding this provision, Counsel are entitled to
3 |/ retain an archival copy of all pleadings, motion papers, trial, deposition, and
4 || hearing transcripts, legal memoranda, correspondence, deposition and trial
> |] exhibits, expert reports, attorney work product, and consultant and expert
6 Il work product, even if such materials contain Protected Material. Any such
” || archival copies that contain or constitute Protected Material remain subject to
8 this Protective Order as set forth in Section 6 (DURATION).
° 16. VIOLATION
0 Any violation of this Order may be punished by appropriate measures
including, without limitation, contempt proceedings and/or monetary
sanctions.
13
14
15 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
16
17 || DATED: September 13, 2022
18 je de
19 AG
20 J D. EARLY
41 nited States Magistrate Judge
22
23
24
25
26
27
28
15
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 16 of 17 Page ID #:119
1 EXHIBIT A
2
3
UNITED STATES DISTRICT COURT
4
CENTRAL DISTRICT OF CALIFORNIA
5
6 Tyrona Tucker, Case No.: 8:22-cv-00144-CJC-JDE
7 Plaintiff, ACKNOWLEDGMENT AND
AGREEMENT TO BE BOUND BY
8 STIPULATED PROTECTIVE ORDER
vs.
9
Experian Information Solutions, Inc.,
10
Defendants.
11
12
I, _______________________________, declare and say that:
13
14 1. I am employed as ____________________ by _______________________.
15 2. I have read the Stipulated Protective Order (the “Order”) entered in
16 _________________________ and have received a copy of the Order.
17 3. I promise that I will use any and all “Confidential” information, as defined in the
18 Order, given to me only in a manner authorized by the Order, and only to assist the attorney in the
19 litigation of this matter.
20 4. I promise that I will not disclose or discuss such “Confidential” information with
21 anyone other than the persons described in paragraph 9 of the Order.
22 5. I acknowledge that, by signing this agreement, I am subjecting myself to the
23 jurisdiction of the United States District Court for the Central District of California with respect
24 to the enforcement of the Order.
25 6. I understand that any disclosure or use of “Confidential” information in any
26 manner contrary to the provisions of the Protective Order may subject me to the sanctions for
27 contempt of court.
28 7. I will return all “Confidential” materials (as defined in the Order) to the attorney
Case 8:22-cv-00144-CJC-JDE Document 24 Filed 09/13/22 Page 17 of 17 Page ID #:120
1 who provided it to me, upon request of that attorney, and I shall not retain any copies of said
2 materials or any information contained within “Confidential” materials.
3
4 I declare under penalty of perjury and under the laws of the United States that the
5 foregoing is true and correct.
6
7 Date: _______________ ________________________________
8 Signature
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2