# Youssif Gayed v. 22nd Century Technologies, Inc.

> District Court, C.D. California · October 26, 2022

URL: https://www.frixlaw.com/law-library/cases/9981557

## Case

- **Court:** District Court, C.D. California
- **Decided:** October 26, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

Case 2:2[{l-cv-03828-DSF-JPR Document 41 Filed 10/26/22 Page1of16 Page ID#:254

1 || DAVID G. SPIVAK (SBN 179684)
david@spivaklaw.com
2 || CAROLINE TAHMASSIAN (SBN 285680)
3 carolineWspivaklaw.com
4 MAYA CHEAITANI (SBN 335777)
maya@spivaklaw.com NOTE: CHANGES MADE BY THE COURT
5 || THE SPIVAK LAW FIRM
6 8605 Santa Monica Blvd., PMB 42554
West Hollywood, CA 90069
7 || Telephone: (213) 725-9094
g || Facsimile: (213) 634-2485
9 || Attorneys for Plaintiff,
190 || YOUSSIF GAYED, and all others similarly situated
"1 (Additional Attorneys for Parties on Next Page)
12 UNITED STATES DISTRICT COURT
8 CENTRAL DISTRICT OF CALIFORNIA
14
15 YOUSSIF GAYED, on behalf of himself | Case No. 2:21-cv-03828-DSF-JPR
and all others similarly situated, and the
16 |! general public, DISCOVERY MATTER
17
Plaintiff, STIPULATED PROTECTIVE
18 ORDER
19 Vs.
50 Action filed: 3/5/2021
22ND CENTURY TECHNOLOGIES,
21 ||} INC., a New Jersey corporation; and The Honorable Magistrate Judge Jean
4 || DOES 1-50, inclusive, P. Rosenbluth
U.S. Magistrate Judge
om 2 Defendants. Courtroom: 690
24
25
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Employee “ Attorneys 26
reba 27
aaa cats rx 28

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1 ATTORNEY FOR DEFENDANT
2 1|W. BRAD ENGLISH
3 || LEE E. BAINS, JR.
MITCHELL GREGGS
4 || FRIEDA A. TAYLOR
5 benglish@maynardcooper.com
6 Ibains@maynardcooper.com
mgreggs(@maynardcooper.com
7 ftaylor@maynardcooper.com
8 MAYNARD COOPER & GALE
655 Gallatin Street SW
9 || Huntsville, AL 35801
10 || Telephone: 256-512-5705
"1 Facsimile: 256-512-5740

12 || Attorneys for Defendant 22ND CENTURY TECHNOLOGIES, INC.
13
14
15
16
17
18
19
20
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22
— 2

25
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Employee “ Attorneys 26
see aasea 27
Glasto 28

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1 Counsel for Plaintiff YOUSSIF GAYED (“Plaintiff”) and Defendant 22ND
2 ||CENTURY TECHNOLOGIES, INC. (“Defendant”), by and through their
3 || respective counsel of record, stipulate as follows:
4 |} 1. INTRODUCTION
5 1.1 PURPOSES AND LIMITATIONS
6 Discovery in this action may involve production of confidential, proprietary
7 ||or private information for which special protection from public disclosure and
8 || from use for any purpose other than prosecuting this litigation may be warranted.
9 || Accordingly, the parties hereby stipulate to and petition the Court to enter the
10 || following Stipulated Protective Order. The parties acknowledge that this Order
11 |}does not confer blanket protections on all disclosures or responses to discovery
12 |/and that the protection it affords from public disclosure and use extends only to
13 || the limited information or items that are entitled to confidential treatment under
14 || the applicable legal principles.
15 1.2 ~GOOD CAUSE STATEMENT
16 This employment class action arises under the California Labor Code,
17 regarding rest breaks and meal periods, payment of wages, failure to indemnify,
18 || waiting time penalties, and unfair competition. Discovery in this case will likely
19 ||]lead to the exchange of proprietary business information and employment
20 || practices or records for which special protection from public disclosure and from
21 |;use for any purpose other than prosecution of this action is warranted. Such
22 ||confidential and proprietary materials and information may consist of, among
_ 23 || other things, confidential business or financial information, information regarding
—_ 24 ||confidential business practices, or other confidential research, development, or
25 || commercial information (including information implicating privacy rights of third
“ee nea parties), information otherwise generally unavailable to the public, or which may
Sone 27 || be privileged or otherwise protected from disclosure under state or federal statutes,
a cvs 28 ||court rules, case decisions, or common law. Accordingly, to expedite the flow of

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1 ||information, to facilitate the prompt resolution of disputes over confidentiality of
2 ||discovery materials, to adequately protect information the parties are entitled to
3 ||keep confidential, to ensure that the parties are permitted reasonable necessary
4 || uses of such material in preparation for and in the conduct of trial, to address their
5 || handling at the end of the litigation, and serve the ends of justice, a protective order
6 || for such information is justified in this matter. It 1s the intent of the parties that
7 ||information will not be designated as confidential for tactical reasons and that
8 || nothing be so designated without a good faith belief that it has been maintained in
9 ||a confidential, non-public manner, and there is good cause why it should not be
10 || part of the public record of this case.
11 The parties further acknowledge, as set forth in Section 12.3, below, that
12 |/this Stipulated Protective Order does not entitle them to file confidential
13 |}information under seal; Local Civil Rule 79-5 sets forth the procedures that must
14 || be followed and the standards that will be applied when a party seeks permission
15 || from the court to file material under seal.
16 || 2. DEFINITIONS
17 2.1 Action: this pending federal lawsuit, YOUSSIF GAYED, et al. v. 22ND
18 || CENTURY TECHNOLOGIES, INC., et al., Case No. 2:21-cv-03828-DSF-JPR.
19 2.2 Challenging Party: a Party or Non-Party that challenges the designation
20 || of information or items under this Order.
21 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
22 ||how it is generated, stored or maintained) or tangible things that qualify for
_ 23 ||protection under Federal Rule of Civil Procedure 26(c), and as specified above in
—_ 24 || the Good Cause Statement.
25 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
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me QE 26 || Support staff).
ent 27 2.5 Designating Party: a Party or Non-Party that designates information or
aioe 28 |}items that it produces in disclosures or in responses to discovery as

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1 || “CONFIDENTIAL.”
2 2.6 Disclosure or Discovery Material: all items or information, regardless
3 || of the medium or manner in which it is generated, stored, or maintained (including,
4 ||among other things, testimony, transcripts, and tangible things), that are produced
5 ||or generated in disclosures or responses to discovery in this matter.
6 2.7 Expert: a person with specialized knowledge or experience in a matter
7 || pertinent to the litigation who has been retained by a Party or its counsel to serve
8 ||as an expert witness or as a consultant in this Action.
9 2.8 House Counsel: attorneys who are employees of a party to this Action.
10 || House Counsel does not include Outside Counsel of Record or any other outside
11 {| counsel.
12 2.9 Non-Party: any natural person, partnership, corporation, association or
13 || other legal entity not named as a Party to this action.
14 2.10 Outside Counsel of Record: attorneys who are not employees of a party
15 || to this Action but are retained to represent or advise a party to this Action and have
16 || appeared in this Action on behalf of that party or are affiliated with a law firm that
17 || has appeared on behalf of that party, and includes support staff.
18 2.11 Party: any party to this Action, including all of its officers, directors,
19 |}employees, consultants, retained experts, and Outside Counsel of Record (and
20 || their support staffs).
21 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
22 || Discovery Material in this Action.
ae 23 2.13 Professional Vendors: persons or entities that provide litigation support
—_ 24 ||/services (e.g., photocopying, videotaping, translating, preparing exhibits or
25 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
“ee nea and their employees and subcontractors.
geet 27 2.14 Protected Material: any Disclosure or Discovery Material that is
aioe 28 || designated as “CONFIDENTIAL.”

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1 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
2 || from a Producing Party.
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
14 |/introduced as an exhibit at trial becomes public and will be presumptively
15 ||available to all members of the public, including the press, unless compelling
16 ||reasons supported by specific factual findings to proceed otherwise are made to
17 || the trial judge in advance of the trial. See Kamakana v. City & Cnty. of Honolulu,
18 || 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for
19 |]sealing documents produced in discovery from “compelling reasons” standard
20 || when merits-related documents are part of court record). Accordingly, the terms
21 || of this protective order do not extend beyond the commencement of the trial.
22 ||5. DESIGNATING PROTECTED MATERIAL
ae 23 5.1 Exercise of Restraint and Care in Designating Material for Protection.
—_ 24 || Each Party or Non-Party that designates information or items for protection under
25 ||this Order must take care to limit any such designation to specific material that
‘et qualifies under the appropriate standards. The Designating Party must designate
Sone 27 □□ □□□ protection only those parts of material, documents, items or oral or written
eles 28 ||communications that qualify so that other portions of the material, documents,

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1 |}items or communications for which protection is not warranted are not swept
2 |;/unjustifiably within the ambit of this Order.
3 Mass, indiscriminate or routinized designations are prohibited.
4 || Designations that are shown to be clearly unjustified or that have been made for
5 ||an improper purpose (e.g., to unnecessarily encumber the case development
6 ||process or to impose unnecessary expenses and burdens on other parties) may
7 ||expose the Designating Party to sanctions.
8 If it comes to a Designating Party’s attention that information or items that
9 ||it designated for protection do not qualify for protection, that Designating Party
10 ||must promptly notify all other Parties that it is withdrawing the inapplicable
11 || designation.
12 5.2 Manner and Timing of Designations. Except as otherwise provided in
13 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
14 ||stipulated or ordered, Disclosure or Discovery Material that qualifies for
15 || protection under this Order must be clearly so designated before the material is
16 || 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 || proceedings), that the Producing Party affix at a minimum, the legend
21 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend’), to each page that
22 ||contains protected material. If only a portion of the material on a page qualifies
_~, 23 ||for protection, the Producing Party also must clearly identify the protected
—_ 24 || portion(s) (e.g., by making appropriate markings in the margins).
25 A Party or Non-Party that makes original documents available for
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mires _— 26 |/inspection need not designate them for protection until after the inspecting Party
aca 27 ||has indicated which documents it would like copied and produced. During the
eles 28 |/inspection and before the designation, all of the material made available for

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1 |}inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
2 ||identified the documents it wants copied and produced, the Producing Party must
3 || determine which documents, or portions thereof, qualify for protection under this
4 || Order. Then, before producing the specified documents, the Producing Party must
5 ||affix the “CONFIDENTIAL legend” to each page that contains Protected
6 || Material. If only a portion of the material on a page qualifies for protection, the
7 || Producing Party also must clearly identify the protected portion(s) (e.g., by making
8 || appropriate markings in the margins).
9 (b) for testimony given in depositions that the Designating Party
10 ||identifies the Disclosure or Discovery Material on the record, before the close of
11 || the deposition all protected testimony.
12 (c) for information produced in some form other than documentary
13 |jand for any other tangible items, that the Producing Party affix in a prominent
14 place on the exterior of the container or containers in which the information is
15 ||stored the legend “CONFIDENTIAL.” If only a portion or portions of the
16 ||information warrants protection, the Producing Party, to the extent practicable,
17 ||shall identify the protected portion(s).
18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
19 || failure to designate qualified information or items does not, standing alone, waive
20 ||the Designating Party’s right to secure protection under this Order for such
21 ||material. Upon timely correction of a designation, the Receiving Party must make
22 ||reasonable efforts to assure that the material is treated in accordance with the
_ 23 ||provisions of this Order.
—_ 24 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
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mires “wes 26 || designation of confidentiality at any time consistent with the Court’s Scheduling
Sotee® 27 [Order
aioe 28 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
sets
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1 ||resolution process under Local Rule 37-1 et seq.
2 6.3 Joint Stipulation. Any challenge submitted to the Court shall be
3 ||submitted first via a joint stipulation pursuant to Local Rule 37-2.
4 6.4 Burden of Persuasion. The burden of persuasion in any such challenge
5 ||proceeding shall be on the Designating Party. Frivolous challenges, and those
6 ||made for an improper _purpose (e.g., to harass or impose unnecessary expenses and
7 ||burdens on other_parties) may expose the Challenging Party to sanctions. Unless
8 || the Designating Party has waived or withdrawn the confidentiality designation, all
9 || parties shall_continue to afford the material in question the level of protection to
10 || which it is_entitled under the Producing Party’s designation until the Court rules
11 |}on the 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
17 || the 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.
ae 23 7.2 Disclosure “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
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smpioyes “ “ere 26 || “CONFIDENTIAL” only to:
ent 27 (a) the Receiving Party’s Outside Counsel of Record in this Action,
aioe 28 || as well as employees of said Outside Counsel of Record to whom it is reasonably
sets
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1 ||necessary to disclose the information for this Action;
2 (b) the officers, directors, and employees (including House Counsel)
3 || of the Receiving Party to whom disclosure is reasonably necessary for this Action;
4 (c) Experts (as defined in this Order) of the Receiving Party to whom
5 ||disclosure is reasonably necessary for this Action and who have signed the
6 ||““Acknowledgment and Agreement to Be Bound” (Exhibit A);
7 (d) the court and its personnel;
8 (e) court reporters and their staff;
9 (f) professional jury or trial consultants, mock jurors, and
10 || Professional Vendors to whom disclosure is reasonably necessary for this Action
11 |}and who have signed the “Acknowledgment and Agreement to Be Bound”
12 || (Exhibit A);
13 (g) the author or recipient of a document containing the information
14 |] or a custodian or other person who otherwise possessed or knew the information;
15 (h) during their depositions, witnesses, and attorneys for witnesses,
16 {jin the Action to whom disclosure is reasonably necessary provided: (1) the
17 || deposing party requests that the witness sign the form attached as Exhibit A hereto;
18 |} and (2) they will not be permitted to keep any confidential information unless they
19 ||sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
20 ||otherwise agreed by the Designating Party or ordered by the court. Pages of
21 ||transcribed deposition testimony or exhibits to depositions that reveal Protected
22 || Material may be separately bound by the court reporter and may not be disclosed
_ 23 ||/to anyone except as permitted under this Stipulated Protective Order; and
24 (i) any mediator or settlement officer, and their supporting personnel,
25 ||mutually agreed upon by any of the parties engaged in settlement discussions or
“ee season 9g appointed by the Court.
worsen og Wf)
West Hollywood, CA 80068
epenacers 28 |I///

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1 1/8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
2 IN OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other litigation
4 ||that compels disclosure of any information or items designated in this Action as
5 ||“CONFIDENTIAL,” that Party must:
6 (a) promptly notify in writing the Designating Party. Such
7 |{notification shall include a copy of the subpoena or court order unless prohibited
8 || by law;
9 (b) promptly notify in writing the party who caused the subpoena or
10 || order to issue in the other litigation that some or all of the material covered by the
11 |}subpoena or order is subject to this Protective Order. Such notification shall
12 |}include a copy of this Stipulated Protective Order; and
13 (c) cooperate with respect to all reasonable procedures sought to be
14 || pursued by the Designating Party whose Protected Material may be affected.
15 If the Designating Party timely seeks a protective order, the Party served
16 || with the subpoena or court order shall not produce any information designated in
17 || this action as “CONFIDENTIAL” before a determination by the court from which
18 || the subpoena or order issued, unless the Party has obtained the Designating Party’s
19 || permission. The Designating Party shall bear the burden and expense of seeking
20 || protection in that court of its confidential material and nothing in these provisions
21 || should be construed as authorizing or encouraging a Receiving Party in this Action
22 || to disobey a lawful directive from another court.
om 23 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
—_ 24 PRODUCED IN THIS LITIGATION
25 (a) The terms of this Order are applicable to information produced by
“ee ne Ate 96 a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
ent 27 || information produced by Non-Parties in connection with this litigation is protected
aioe 28 || by the remedies and relief provided by this Order. Nothing in these provisions
sonates
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1 |}should be construed as prohibiting a Non-Party from seeking additional
2 || protections.
3 (b) In the event that a Party is required, by a valid discovery request,
4 ||to produce a Non-Party’s confidential information in its possession, and the Party
5 ||is subject to an agreement with the Non-Party not to produce the Non-Party’s
6 || confidential information, then the Party shall:
7 (1) promptly notify in writing the Requesting Party and the
8 ||Non-Party that some or all of the information requested is subject to a
9 || confidentiality agreement with a Non-Party;
10 (2) promptly provide the Non-Party with a copy of the
11 || Stipulated Protective Order in this Action, the relevant discovery request(s), and a
12 ||reasonably specific description of the information requested; and
13 (3) make the information requested available for inspection by
14 || the Non-Party, if requested.
15 (c) If the Non-Party fails to seek a protective order from this court
16 || within 21 days of receiving the notice and accompanying information, the
17 || Receiving Party may produce the Non-Party’s confidential information responsive
18 ||to the discovery request. If the Non-Party timely seeks a protective order, the
19 || Receiving Party shall not produce any information in its possession or control that
20 ||is subject to the confidentiality agreement with the Non-Party before a
21 || determination by the court. Absent a court order to the contrary, the Non-Party
22 ||shall bear the burden and expense of seeking protection in this court of its
_, 23 || Protected Material.
—_ 24 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
25 If a Receiving Party learns that, by inadvertence or otherwise, it has
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pone" 26 || disclosed Protected Material to any person or in any circumstance not authorized
ent 27 || under this Stipulated Protective Order, the Receiving Party must immediately (a)
aioe 28 || notify in writing the Designating Party of the unauthorized disclosures, (b) use its

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1 || best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform
2 || the person or persons to whom unauthorized disclosures were made of all the terms
3 |jof this Order, and (d) request such person or persons to execute the
4 ||“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
5 ||A.
6 |j11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
7 PROTECTED MATERIAL
8 When a Producing Party gives notice to Receiving Parties that certain
9 |/inadvertently produced material is subject to a claim of privilege or other
10 || protection, the obligations of the Receiving Parties are those set forth in Federal
11 |}Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
12 || whatever procedure may be established in an e-discovery order that provides for
13 || production without prior privilege review. Pursuant to Federal Rule of Evidence
14 || 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
15 ||of a communication or information covered by the attorney-client privilege or
16 || work product protection, the parties may incorporate their agreement in the
17 stipulated protective order submitted to the court provided the Court so allows.
18 |[12. MISCELLANEOUS
19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
20 || person to seek its modification by the Court in the future.
21 12.2 Right to Assert Other Objections. By stipulating to the entry of this
22 || Protective Order, no Party waives any right it otherwise would have to object to
_ 23 disclosing or producing any information or item on any ground not addressed in
—_ 24 || this Stipulated Protective Order. Similarly, no Party waives any right to object on
25 ||any ground to use in evidence of any of the material covered by this Protective
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smpoves “ors 26 || Order.
ent 27 12.3 Filing Protected Material. A Party that seeks to file under seal any
aioe 28 || Protected Material must comply with Local Civil Rule 79-5. Protected Material
sets 13
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1 ||may only be filed under seal pursuant to a court order authorizing the sealing of
2 ||the specific Protected Material at issue. If a Party’s request to file Protected
3 || Material under seal is denied by the court, then the Receiving Party may file the
4 ||information in the public record unless otherwise instructed by the court.
5 ||13. FINAL DISPOSITION
6 After the final disposition of this Action, as defined in paragraph 4, within
7 ||60 days of a written request by the Designating Party, each Receiving Party must
8 ||return all Protected Material to the Producing Party or destroy such material. As
9 ||!used in this subdivision, “all Protected Material” includes all copies, abstracts,
10 ||} compilations, summaries, and any other format reproducing or capturing any of
11 ||the Protected Material. Whether the Protected Material is returned or destroyed,
12 ||the Receiving Party must submit a written certification to the Producing Party
13 ||(and, if not the same person or entity, to the Designating Party) by the 60 day
14 ||deadline that (1) identifies (by category, where appropriate) all the Protected
15 || Material that was returned or destroyed and (2) affirms that the Receiving Party
16 ||has not retained any copies, abstracts, compilations, summaries or any other
17 || format reproducing or capturing any of the Protected Material. Notwithstanding
18 ||this provision, Counsel are entitled to retain an archival copy of all pleadings,
19 ||motion papers, trial, deposition, and hearing transcripts, legal memoranda,
20 ||correspondence, deposition and trial exhibits, expert reports, attorney work
21 || product, and consultant and expert work product, even if such materials contain
22 || Protected Material. Any such archival copies that contain or constitute Protected
_, 23 ||Material remain subject to this Protective Order as set forth in Section 4
—_ 24 || (DURATION).
25 SANCTIONS
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mires _— 26 Any willful violation of this Order may be punished by appropriate
aca 27 ||measures including, without limitation, contempt proceedings and/or monetary
esac’. 28 |] sanctions.

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1 Counsel for Defendant has authorized the filing of this Stipulation with the
2 || use of his/her electronic signature hereon.
3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
THE SPIVAK LAW FIRM
7 Dated: October 21, 2022 By: /s/ David Spivak
DAVID G. SPIVAK
8 CAROLINE TAHMASSIAN
9 MAYA CHEAITANI, Attorneys for
Plaintiff, YOUSSIF GAYED, and all
10 others similarly situated
1]
0 MAYNARD COOPER & GALE

13
14 Dated: October 21, 2022 By: /s/ W. Brad English (authorized on
10/21/22)
15 W. BRAD ENGLISH
16 LEE E. BAINS, JR.
MITCHELL GREGGS,
M7 FRIEDA A. TAYLOR, Attorneys for
18 Defendant, 22ND CENTURY
19 TECHNOLOGIES, INC.
20

22 || DATED: October 26, 2022
23 THE HON. JEAN P. ROSENBLUTH
04 U.S. MAGISTRATE JUDGE

25
SPIVAK LAW
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sherman Oakes, CA 91403 1 5
Gayed v. 22nd Century Technologies, Inc., et al. Stipulated Protective Order

Case 2:21;cv-03828-DSF-JPR Document 41 Filed 10/26/22 Page 16o0f16 Page ID #:269

1 EXHIBIT A
2 ACKNOWLEDGMENT 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 |jon [date] in the case of YOUSSIF GAYED), et al. v. 22ND
8 || CENTURY TECHNOLOGIES, INC., et al., Case No. 2:21-cv-03828-DSF-JPR. I
9 || 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
11 |}me to sanctions and punishment in the nature of contempt. I solemnly promise that
12 |/I 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. I further agree to submit to the jurisdiction of the
15 || United States District Court for the Central District of California for enforcing the
16 ||terms of this Stipulated Protective Order, even if such enforcement proceedings
17 |}occur after termination of this action.
18 I hereby appoint [print or type full name]
19 || of [print or type full address and
20 || telephone number] as my California agent for service of process in connection
21 || with this action or any proceedings related to enforcement of this Stipulated
22 || Protective Order.
24 || Date:
25 || City and State where sworn and signed:
Saeki ateraney
Pore AOE I
ane 27 || Printed name:
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Gayed v. 22nd Century Technologies, Inc., et al. Stipulated Protective Order

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9981557. Public record. Not legal advice.