Linda Kelemer v. Walmart Inc.

Case 2:22-cv-01031-GW-AFM Document 77 Filed 10/04/22 Page 1 of 18 Page ID #:392

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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LINDA KELEMER, an individual, CASE NO. 2:22-cv-01031-GW-AFM

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Plaintiff, STIPULATED PROTECTIVE

12 ORDER1

vs.

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14 WALMART INC., a Delaware

corporation, MECO

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CORPORATION, a Tennessee

16 corporation, TARGET

CORPORATION, a Minnesota

17 corporation, WAYFAIR, INC., a

Delaware corporation, and

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HAYNEEDLE, INC., a Delaware

19 corporation,

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Defendants.

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27 1 This Stipulated Protective Order is based substantially on the model protective

28 order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures.

Case 2:22-cv-01031-GW-AFM Document 77 Filed 10/04/22 Page 2 of 18 Page ID #:393

1 1. GENERAL

2 A. 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.

12 B. GOOD CAUSE STATEMENT

13 This action is likely to involve trade secrets, customer and pricing lists and

14 other valuable research, development, commercial, financial, technical and/or

15 proprietary information for which special protection from public disclosure and

16 from use for any purpose other than prosecution of this action is warranted. Such

17 confidential and proprietary materials and information consist of, among other

18 things, confidential business or financial information, information regarding

19 confidential business practices, or other confidential research, development, or

20 commercial information (including information implicating privacy rights of third

21 parties), information otherwise generally unavailable to the public, or which may be

22 privileged or otherwise protected from disclosure under state or federal statutes,

23 court rules, case decisions, or common law. Accordingly, to expedite the flow of

24 information, to facilitate the prompt resolution of disputes over confidentiality of

25 discovery materials, to adequately protect information the parties are entitled to keep

26 confidential, to ensure that the parties are permitted reasonably necessary uses of

27 such material in preparation for and in the conduct of trial, to address their handling

28 at the end of the litigation, and serve the ends of justice, a protective order for such

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STIPULATED PROTECTIVE ORDER

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1 information is justified in this matter. It is the intent of the parties that information

2 will not be designated as confidential for tactical reasons and that nothing be so

3 designated without a good faith belief that it has been maintained in a confidential,

4 non-public manner, and there is good cause why it should not be part of the public

5 record of this case.

6 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

7 SEAL

8 The parties further acknowledge, as set forth in Section 12.3, below, that this

9 Stipulated Protective Order does not entitle them to file confidential information

10 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

11 and the standards that will be applied when a party seeks permission from the court

12 to file material under seal.

13 There is a strong presumption that the public has a right of access to judicial

14 proceedings and records in civil cases. In connection with non-dispositive motions,

15 good cause must be shown to support a filing under seal. See Kamakana v. City and

16 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

17 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

18 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require

19 good cause showing), and a specific showing of good cause or compelling reasons

20 with proper evidentiary support and legal justification, must be made with respect

21 to Protected Material that a party seeks to file under seal. The parties’ mere

22 designation of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY

23 CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY does not— without

24 the submission of competent evidence by declaration, establishing that the material

25 sought to be filed under seal qualifies as confidential, privileged, or otherwise

26 protectable—constitute good cause.

27 Further, if a party requests sealing related to a dispositive motion or trial, then

28 compelling reasons, not only good cause, for the sealing must be shown, and the

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1 relief sought shall be narrowly tailored to serve the specific interest to be protected.

2 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For

3 each item or type of information, document, or thing sought to be filed or introduced

4 under seal in connection with a dispositive motion or trial, the party seeking

5 protection must articulate compelling reasons, supported by specific facts and legal

6 justification, for the requested sealing order. Again, competent evidence supporting

7 the application to file documents under seal must be provided by declaration.

8 Any document that is not confidential, privileged, or otherwise protectable in

9 its entirety will not be filed under seal if the confidential portions can be redacted.

10 If documents can be redacted, then a redacted version for public viewing, omitting

11 only the confidential, privileged, or otherwise protectable portions of the document,

12 shall be filed. Any application that seeks to file documents under seal in their

13 entirety should include an explanation of why redaction is not feasible.

14 2. DEFINITIONS

15 2.1 Action: the above-captioned lawsuit, Linda Kelemer v. Walmart Inc.

16 et al., No. 2:22-cv-01031-GW-AFM (Central District of California).

17 2.2 Challenging Party: A Party or Non-Party that challenges the

18 designation of information nor items under this Order.

19 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

20 how it is generated, stored or maintained) or tangible things that qualify for

21 protection under Federal Rule of Civil Procedure 26(c), and as specified above in

22 the Good Cause Statement.

23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

24 their support staff).

25 2.5 Designating Party: a Party or Non-Party that designates information or

26 items that it produces in disclosures or in responses to discovery as

27 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’

28 EYES ONLY.”

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1 2.6 Disclosure or Discovery Material: all items or information, regardless

2 of the medium or manner in which it is generated, stored, or maintained (including,

3 among other things, testimony, transcripts, and tangible things), that are produced

4 or generated in disclosures or responses to discovery in this matter.

5 2.7 Expert: a person with specialized knowledge or experience in a matter

6 pertinent to the litigation who has been retained by a Party or its counsel to serve as

7 an expert witness or as a consultant in this Action.

8 2.8 House Counsel: attorneys who are employees of a party to this Action.

9 House Counsel does not include Outside Counsel of Record or any other outside

10 counsel.

11 2.9 Non-Party: any natural person, partnership, corporation, association or

12 other legal entity not named as a Party to this action.

13 2.10 Outside Counsel of Record: attorneys who are not employees of a party

14 to this Action but are retained to represent or advise a party to this Action and have

15 appeared in this Action on behalf of that party or are affiliated with a law firm that

16 has appeared on behalf of that party, and includes support staff.

17 2.11 Party: any party to this Action, including all of its officers, directors,

18 employees, consultants, retained experts, and Outside Counsel of Record (and their

19 support staffs).

20 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

21 Discovery Material in this Action.

22 2.13 Professional Vendors: persons or entities that provide litigation

23 support services (e.g., photocopying, videotaping, translating, preparing exhibits or

24 demonstrations, and organizing, storing, or retrieving data in any form or medium)

25 and their employees and subcontractors.

26 2.14 Protected Material: any Disclosure or Discovery Material that is

27 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE

28 ATTORNEYS’ EYES ONLY.”

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STIPULATED PROTECTIVE ORDER

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1 2.15 Receiving Party: a Party that receives Disclosure or Discovery

2 Material from a Producing Party.

3 3. SCOPE

4 The protections conferred by this Stipulation and Order cover not only

5 Protected Material (as defined above), but also (1) any information copied or

6 extracted from Protected Material; (2) all copies, excerpts, summaries, or

7 compilations of Protected Material; and (3) any testimony, conversations, or

8 presentations by Parties or their Counsel that might reveal Protected Material.

9 Any use of Protected Material at trial shall be governed by the orders of the

10 trial judge. This Order does not govern the use of Protected Material at trial.

11 4. DURATION

12 Once a case proceeds to trial, information that was designated as

13 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

14 as an exhibit at trial becomes public and will be presumptively available to all

15 members of the public, including the press, unless compelling reasons supported by

16 specific factual findings to proceed otherwise are made to the trial judge in advance

17 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

18 showing for sealing documents produced in discovery from “compelling reasons”

19 standard when merits-related documents are part of court record). Accordingly, the

20 terms of this protective order do not extend beyond the commencement of the trial.

21 5. DESIGNATING PROTECTED MATERIAL

22 5.1 Exercise of Restraint and Care in Designating Material for Protection.

23 Each Party or Non-Party that designates information or items for protection under

24 this Order must take care to limit any such designation to specific material that

25 qualifies under the appropriate standards. The Designating Party must designate for

26 protection only those parts of material, documents, items or oral or written

27 communications that qualify so that other portions of the material, documents, items

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1 or communications for which protection is not warranted are not swept unjustifiably

2 within the ambit of this Order.

3 Mass, indiscriminate or routinized designations are prohibited. Designations

4 that are shown to be clearly unjustified or that have been made for an improper

5 purpose (e.g., to unnecessarily encumber the case development process or to impose

6 unnecessary expenses and burdens on other parties) may expose the Designating

7 Party to sanctions.

8 If it comes to a Designating Party’s attention that information or items that it

9 designated for protection do not qualify for protection, that Designating Party must

10 promptly notify all other Parties that it is withdrawing the inapplicable designation.

11 5.2 Manner and Timing of Designations. Except as otherwise provided in

12 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

14 under this Order must be clearly so designated before the material is disclosed or

15 produced.

16 Designation in conformity with this Order requires:

17 (a) for information in documentary form (e.g., paper or electronic

18 documents, but excluding transcripts of depositions or other pretrial or trial

19 proceedings), that the Producing Party affix at a minimum, the legend

20 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’

21 EYES ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains

22 protected material. If only a portion of the material on a page qualifies for protection,

23 the Producing Party also must clearly identify the protected portion(s) (e.g., by

24 making appropriate markings in the margins).

25 A Party or Non-Party that makes original documents available for inspection

26 need not designate them for protection until after the inspecting Party has indicated

27 which documents it would like copied and produced. During the inspection and

28 before the designation, all of the material made available for inspection shall be

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1 deemed “CONFIDENTIAL.” After the inspecting Party has identified the

2 documents it wants copied and produced, the Producing Party must determine which

3 documents, or portions thereof, qualify for protection under this Order. Then, before

4 producing the specified documents, the Producing Party must affix the

5 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a

6 portion of the material on a page qualifies for protection, the Producing Party also

7 must clearly identify the protected portion(s) (e.g., by making appropriate markings

8 in the margins).

9 (b) for testimony given in depositions that the Designating Party identifies

10 the Disclosure or Discovery Material on the record, before the close of the

11 deposition all protected testimony.

12 (c) for information produced in some form other than documentary and for

13 any other tangible items, that the Producing Party affix in a prominent place on the

14 exterior of the container or containers in which the information is stored the legend

15 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’

16 EYES ONLY,” as may be appropriate. If only a portion or portions of the

17 information warrants protection, the Producing Party, to the extent practicable, shall

18 identify the protected 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.

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STIPULATED PROTECTIVE ORDER

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1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

2 resolution process under Local Rule 37-1 et seq.

3 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a

4 joint stipulation pursuant to Local Rule 37-2.

5 6.4 The burden of persuasion in any such challenge proceeding shall be on

6 the Designating Party. Frivolous challenges, and those made for an improper

7 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

8 parties) may expose the Challenging Party to sanctions. Unless the Designating

9 Party has waived or withdrawn the confidentiality designation, all parties shall

10 continue to afford the material in question the level of protection to which it is

11 entitled under the Producing Party’s designation until the Court rules on the

12 challenge.

13 7. ACCESS TO AND USE OF PROTECTED MATERIAL

14 7.1 Basic Principles. A Receiving Party may use Protected Material that is

15 disclosed or produced by another Party or by a Non-Party in connection with this

16 Action only for prosecuting, defending or attempting to settle this Action. Such

17 Protected Material may be disclosed only to the categories of persons and under the

18 conditions described in this Order. When the Action has been terminated, a

19 Receiving Party must comply with the provisions of section 13 below (FINAL

20 DISPOSITION).

21 Protected Material must be stored and maintained by a Receiving Party at a

22 location and in a secure manner that ensures that access is limited to the persons

23 authorized under this Order.

24 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

25 otherwise ordered by the court or permitted in writing by the Designating Party, a

26 Receiving Party may disclose any information or item designated

27 “CONFIDENTIAL” only to:

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1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well

2 as employees of said Outside Counsel of Record to whom it is reasonably necessary

3 to disclose the information for this Action.

4 (b) the officers, directors, and employees (including House Counsel) of the

5 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 1 hereto; and (2) they will

19 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 7.3 Disclosure of “HIGHLY CONFIDENTIAL – OUTSIDE

28 ATTORNEYS’ EYES ONLY” Information or Items. Unless otherwise ordered by

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STIPULATED PROTECTIVE ORDER

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1 the court or permitted in writing by the Designating Party, a Receiving Party may

2 disclose any information or item designated “HIGHLY CONFIDENTIAL –

3 OUTSIDE ATTORNEYS’ EYES ONLY” only to those identified in 7.2(a) and (c)-

4 (i) above.

5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

6 IN OTHER LITIGATION

7 If a Party is served with a subpoena or a court order issued in other litigation

8 that compels disclosure of any information or items designated in this Action as

9 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’

10 EYES ONLY,” that Party must:

11 (a) promptly notify in writing the Designating Party. Such notification

12 shall include a copy of the subpoena or court order;

13 (b) promptly notify in writing the party who caused the subpoena or order

14 to issue in the other litigation that some or all of the material covered by the

15 subpoena or order is subject to this Protective Order. Such notification shall include

16 a copy of this Stipulated Protective Order; and

17 (c) cooperate with respect to all reasonable procedures sought to be

18 pursued by the Designating Party whose Protected Material may be affected. If the

19 Designating Party timely seeks a protective order, the Party served with the

20 subpoena or court order shall not produce any information designated in this action

21 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE

22 ATTORNEYS’ EYES ONLY” before a determination by the court from which the

23 subpoena or order issued, unless the Party has obtained the Designating Party’s

24 permission. The Designating Party shall bear the burden and expense of seeking

25 protection in that court of its confidential material and nothing in these provisions

26 should be construed as authorizing or encouraging a Receiving Party in this Action

27 to disobey a lawful directive from another court.

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STIPULATED PROTECTIVE ORDER

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1 9. A NON-PARTY’S PROTECTED MATERIALS SOUGHT TO BE

2 PRODUCED IN THIS LITIGATION

3 (a) The terms of this Order are applicable to information produced by a

4 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

5 CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY.” Such information

6 produced by Non-Parties in connection with this litigation is protected by the

7 remedies and relief provided by this Order. Nothing in these provisions should be

8 construed as prohibiting a Non-Party from seeking additional protections.

9 (b) In the event that a Party is required, by a valid discovery request, to

10 produce a Non-Party’s confidential information in its possession, and the Party is

11 subject to an agreement with the Non-Party not to produce the Non-Party’s

12 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 Non-Party, if requested.

21 (c) If the Non-Party fails to seek a protective order from this court within

22 14 days of receiving the notice and accompanying information, the Receiving Party

23 may produce the Non-Party’s confidential information responsive to the discovery

24 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

25 not produce any information in its possession or control that is subject to the

26 confidentiality agreement with the Non-Party before a determination by the court.

27 Absent a court order to the contrary, the Non-Party shall bear the burden and

28 expense of seeking protection in this court of its Protected Material.

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1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

3 Protected Material to any person or in any circumstance not authorized under this

4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person

7 or persons to whom unauthorized disclosures were made of all the terms of this

8 Order, and (d) request such person or persons to execute the “Acknowledgment and

9 Agreement to Be Bound” that is attached hereto as Exhibit A.

10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

11 PROTECTED MATERIAL

12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

13 Protected Material to any person or in any circumstance not authorized under this

14 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

15 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

16 to retrieve all unauthorized copies of the Protected Material, (c) inform the person

17 or persons to whom unauthorized disclosures were made of all the terms of this

18 Order, and (d) request such person or persons to execute the “Acknowledgment and

19 Agreement to Be Bound” that is attached hereto as Exhibit A.

20 12. MISCELLANEOUS

21 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

22 person to seek its modification by the Court in the future.

23 12.2 Right to Assert Other Objections. By stipulating to the entry of this

24 Protective Order, no Party waives any right it otherwise would have to object to

25 disclosing or producing any information or item on any ground not addressed in this

26 Stipulated Protective Order. Similarly, no Party waives any right to object on any

27 ground to use in evidence of any of the material covered by this Protective Order.

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1 12.3 Filing Protected Material. A Party that seeks to file under seal any

2 Protected Material must comply with Local Civil Rule 79-5. Protected Material may

3 only be filed under seal pursuant to a court order authorizing the sealing of the

4 specific Protected Material at issue. If a Party’s request to file Protected Material

5 under seal is denied by the court, then the Receiving Party may file the information

6 in the public record unless otherwise instructed by the court.

7 13. FINAL DISPOSITION

8 After the final disposition of this Action, as defined in paragraph 4, within 60

9 days of a written request by the Designating Party, each Receiving Party must return

10 all Protected Material to the Producing Party or destroy such material. As used in

11 this subdivision, “all Protected Material” includes all copies, abstracts,

12 compilations, summaries, and any other format reproducing or capturing any of the

13 Protected Material. Whether the Protected Material is returned or destroyed, the

14 Receiving Party must submit a written certification to the Producing Party (and, if

15 not the same person or entity, to the Designating Party) by the 60 day deadline that

16 (1) identifies (by category, where appropriate) all the Protected Material that was

17 returned or destroyed and (2) affirms that the Receiving Party has not retained any

18 copies, abstracts, compilations, summaries or any other format reproducing or

19 capturing any of the Protected Material. Notwithstanding this provision, Counsel

20 are entitled to retain an archival copy of all pleadings, motion papers, trial,

21 deposition, and hearing transcripts, legal memoranda, correspondence, deposition

22 and trial exhibits, expert reports, attorney work product, and consultant and expert

23 work product, even if such materials contain Protected Material. Any such archival

24 copies that contain or constitute Protected Material remain subject to this Protective

25 Order as set forth in Section 4 (DURATION).

26 14. VIOLATION

27 Any violation of this Order may be punishable by appropriate measures

28 including, without limitation, contempt proceedings and / or monetary sanctions.

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STIPULATED PROTECTIVE ORDER

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1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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3 DATED: October 4, 2022

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RUSS, AUGUST & KABAT

5 Marc C. Fenster

Nathan D. Meyer

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Timothy M. Baumann

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/s/ Timothy M. Baumann .

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Attorneys for Plaintiff

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DATED: October 4, 2022

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11 EDLESON, REZZO & HINDMAN

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/s/ Jesse Hindman .

13 Attorney for Defendants

Walmart, Inc. and Hayneedle, Inc.

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DATED: October 4, 2022

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MCGUIREWOODS LLP

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Nicholas Hoffman

18 David E. Finkelson

Matthew W. Cornelia

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20 /s/ Matthew W. Cornelia .

Attorneys for Defendants

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Meco Corporation, Target Corporation, and Wayfair, Inc.

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1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

3 || DATED: 10/4/2022

| Be

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6 || Alexander F. MacKinnon

7 || United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER

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1 EXHIBIT A

2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of

4 _________________ [print or type full address], declare under penalty of perjury

5 that I have read in its entirety and understand the Stipulated Protective Order that

6 was issued by the United States District Court for the Central District of California

7 on [date] in the case of ___________ [insert formal name of the case and the number

8 and initials assigned to it by the court]. I agree to comply with and to be bound by

9 all the terms of this Stipulated Protective Order and I understand and acknowledge

10 that failure to so comply could expose me to sanctions and punishment in the nature

11 of contempt. I solemnly promise that I will not disclose in any manner any

12 information or item that is subject to this Stipulated Protective Order to any person

13 or entity except in strict compliance with the provisions of this Order.

14 I further agree to submit to the jurisdiction of the United States District Court

15 for the Central District of California for enforcing the terms of this Stipulated

16 Protective Order, even if such enforcement proceedings occur after termination of

17 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

21 this action or any proceedings related to enforcement of this Stipulated Protective

22 Order.

23 DATED: _______________________

24 City and State where sworn and signed: _________________________________

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26 Printed name: _________________________________

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28 Signature: _________________________________

17 CASE NO. 2:22-cv-01031-GW-AFM

STIPULATED PROTECTIVE ORDER

Case 2:22-cv-01031-GW-AFM Document 77 Filed 10/04/22 Page 18 of 18 Page ID #:409

1 CERTIFICATE OF SERVICE

2 I hereby certify that on October 4, 2022, a copy of the foregoing was filed

3 electronically with the clerk of court via ECF, which will serve all counsel of record.

4

5 Dated: October 4, 2022 /s/ Matthew W. Cornelia

Matthew W. Cornelia

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18 CASE NO. 2:22-cv-01031-GW-AFM

STIPULATED PROTECTIVE ORDER