even stipulated protective orders require 19 || good cause showing
How later courts described this case
- even stipulated protective orders require 19 || good cause showing
Written by the judges who cited it.
The opinion
Case 2:22-cv-04367-MCS-AFM Document 23 Filed 01/27/23 Page1of16 Page ID #:164
1 | TROUTMAN PEPPER HAMILTON DHF LAW, PC
SANDERS LLP Devin Fok (SBN 256599)
2 || Ronald I. Raether (SBN 303118) devin@devintoklaw com
ronald raether@troutman.com Ainat Kiewe (SBN 207439)
3 || 5 Park Plaza, Suite 1400 ainat@devinfoklaw com
Irvine, CA 92614-2545 2304 Huntington Drive, Suite
4 || Telephone: 949-622-2722 210
Facsimile: 949-622-2739 San Marino, CA 91108
5 Telephone: (388) 651-6411
Jessica Lohr (SBN 302348) Facsimile: (818 484-2023
6 || jessica.lohr@troutman.com
11682 El Camino Real, Suite 400 Attorneys for Plaintiff Ashley
7 || San Diego, CA 92130-2092 Ronshae Jones
Telephone: 858-509-6000
8 || Facsimile: 858-509-6040
9 || Attorneys for Defendant
RP Gres Ie pel
10
1 UNITED STATES DISTRICT COURT
2 CENTRAL DISTRICT OF CALIFORNIA
13 | ASHLEY RONSHAE JONES, Case No. 2:22-cv-04367-MCS-AFM
14 Plaintiff, STIPULATED PROTECTIVE
ORDER!
15 Vv.
16 || RP ON-SITE, LLC, and DOES 1-10,
inclusive,
17
Defendants.
18
19
20
21
22
23
24
25
26
27 ! This Stipulated Protective Order is based substantially on the model protective order provided under Magistrate Judge
28 Alexander F. MacKinnon’s Procedures.
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1 || 1. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 || proprietary, or private information for which special protection from public
4 || disclosure and from use for any purpose other than prosecuting this litigation may be
5 || warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter
6 || the following Stipulated Protective Order. The parties acknowledge that this Order
7 || does not confer blanket protections on all disclosures or responses to discovery and
8 || that the protection it affords from public disclosure and use extends only to the
9 || limited information or items that are entitled to confidential treatment under the
10 || applicable legal principles.
11 A. GOOD CAUSE STATEMENT
12 This action is likely to involve trade secrets, pricing lists and other valuable
13 || research, development, commercial, financial, technical and/or proprietary
14 || information for which special protection from public disclosure and from use for any
15 || purpose other than prosecution of this action is warranted. Such confidential and
16 || proprietary materials and information consist of, among other things, consumer
17 || information the disclosure of which is regulated by federal and/or state law,
18 || confidential business or financial information, sensitive personal information,
19 || information regarding confidential business practices, or other confidential research,
20 || development, or commercial information (including information implicating privacy
21 || rights of third parties), information otherwise generally unavailable to the public, or
22 || which may be privileged or otherwise protected from disclosure under state or federal
23 || statutes, court rules, case decisions, or common law. Accordingly, to expedite the
24 || flow of information, to facilitate the prompt resolution of disputes over
25 || confidentiality of discovery materials, to adequately protect information the parties
26 || are entitled to keep confidential, to ensure that the parties are permitted reasonable
27 || necessary uses of such material in preparation for and in the conduct of trial, to
28 || address their handling at the end of the litigation, and serve the ends of justice, a
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1 || protective order for such information is justified in this matter. It is the intent of the
2 || parties that information will not be designated as confidential for tactical reasons and
3 || that nothing be so designated without a good faith belief that it has been maintained
4 || in a confidential, non-public manner, and there is good cause why it should not be
5 || part of the public record of this case.
6 B. 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 and
11 || the standards that will be applied when a party seeks permission from the court to
12 || 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 vy. 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 to
21 || Protected Material that a party seeks to file under seal. The parties’ mere designation
22 || of Disclosure or Discovery Material as CONFIDENTIAL does not—without the
23 || submission of competent evidence by declaration, establishing that the material
24 || sought to be filed under seal qualifies as confidential, privileged, or otherwise
25 || protectable—constitute good cause.
26 Further, if a party requests sealing related to a dispositive motion or trial, then
27 || compelling reasons, not only good cause, for the sealing must be shown, and the
28 || relief sought shall be narrowly tailored to serve the specific interest to be protected.
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1 || See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each
2 || 1tem or type of information, document, or thing sought to be filed or introduced under
3 || seal in connection with a dispositive motion or trial, the party seeking protection must
4 || articulate compelling reasons, supported by specific facts and legal justification, for
5 || the requested sealing order. Again, competent evidence supporting the application to
6 || file documents under seal must be provided by declaration.
7 Any document that is not confidential, privileged, or otherwise protectable in
8 || its entirety will not be filed under seal if the confidential portions can be redacted. If
9 || documents can be redacted, then a redacted version for public viewing, omitting only
10 || the confidential, privileged, or otherwise protectable portions of the document, shall
11 || be filed. Any application that seeks to file documents under seal in their entirety
12 || should include an explanation of why redaction 1s not feasible.
13 || 2. DEFINITIONS
14 2.1 Action: This pending federal lawsuit, Ashley Ronshae Jones v. RP On-
15 || Site, LLC, et al., Case No. 2:22-cv-04367-MCS-AFM.
16 2.2 Challenging Party: a Party or Non-Party that challenges the designation
17 || of information or items under this Order.
18 2.3. “CONFIDENTIAL” Information or Items: information (regardless of
19 || how it is generated, stored or maintained) or tangible things that qualify for protection
20 || under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
21 || Cause Statement.
22 2.4 Counsel (without qualifier): Outside Counsel of Record and House
23 || Counsel (as well as their support staff).
24 2.5 Designating Party: a Party or Non-Party that designates information or
25 || items that it produces in disclosures or in responses to discovery as
26 || “CONFIDENTIAL.”
27 2.6 Disclosure or Discovery Material: all items or information, regardless
28 || of the medium or manner in which it is generated, stored, or maintained (including,
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1 || among other things, testimony, transcripts, and tangible things), that are produced or
2 || generated in disclosures or responses to discovery in this matter.
3 2.7 Expert: a person with specialized knowledge or experience in a matter
4 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
5 || an expert witness or as a consultant in this Action.
6 2.8 House Counsel: attorneys who are employees of a party to this action.
7 || House Counsel does not include Outside Counsel of Record or any other outside
8 || counsel.
9 2.9 Non-Party: any natural person, partnership, corporation, association, or
10 || other legal entity not named as a Party to this action.
11 2.10 Qutside Counsel of Record: attorneys who are not employees of a party
12 || to this Action but are retained to represent or advise a party to this Action and have
13 || appeared in this Action on behalf of that party or are affiliated with a law firm that
14 || has appeared on behalf of that party, and includes support staff.
15 2.11 Party: any party to this Action, including all of its officers, directors,
16 || employees, consultants, retained experts, and Outside Counsel of Record (and their
17 || support staffs).
18 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
19 || Discovery Material in this action.
20 2.13 Professional Vendors: persons or entities that provide litigation support
21 || services (e.g., photocopying, videotaping, translating, preparing exhibits or
22 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
23 || and their employees and subcontractors.
24 2.14 Protected Material: any Disclosure or Discovery Material that is
25 || designated as “CONFIDENTIAL.”
26 2.15 Receiving Party: a Party that recetves Disclosure or Discovery Material
27 || from a Producing Party.
28
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1 || 3. 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 || However, the protections conferred by this Stipulation and Order do not cover the
8 || following information: (a) any information that is in the public domain at the time of
9 || disclosure to a Receiving Party or becomes part of the public domain after its
10 || disclosure to a Receiving Party as a result of publication not involving a violation of
11 || this Order, including becoming part of the public record through trial or otherwise;
12 || and (b) any information known to the Receiving Party prior to the disclosure or
13 || obtained by the Receiving Party after the disclosure from a source who obtained the
14 || information lawfully and under no obligation of confidentiality to the Designating
15 || Party.
16 Any use of Protected Material at trial shall be governed by the orders of the
17 || trial judge. This Order does not govern the use of Protected Material at trial.
18 || 4. DURATION
19 Once a case proceeds to trial, information that was designated as
20 || CONFIDENTIAL or maintained pursuant to this protective order used or introduced
21 |} as an exhibit at trial becomes public and will be presumptively available to all
22 || members of the public, including the press, unless compelling reasons supported by
23 || specific factual findings to proceed otherwise are made to the trial judge in advance
24 || of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”
25 || showing for sealing documents produced in discovery from “compelling reasons”
26 || standard when merits-related documents are part of court record). Accordingly, the
27 || terms of this protective order do not extend beyond the commencement of the trial.
28
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1 Even after final disposition of this litigation, the confidentiality obligations
2 || imposed by this Order shall remain in effect until a Designating Party agrees
3 || otherwise in writing or a court order otherwise directs. Final disposition shall be
4 || deemed to be the later of (1) dismissal of all claims and defenses in this action, with
5 || or without prejudice; and (2) final judgment herein after the completion and
6 || exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
7 || including the time limits for filing any motions or applications for extension of time
8 || pursuant to applicable law.
9 || 5. DESIGNATING PROTECTED MATERIAL
10 5.1 Exercise of Restraint and Care in Designating Material for Protection.
11 || Each Party or Non-Party that designates information or items for protection under
12 || this Order must take care to limit any such designation to specific material that
13 || qualifies under the appropriate standards. The Designating Party must designate for
14 || protection only those parts of material, documents, items or oral or written
15 || communications that qualify so that other portions of the material, documents, items
16 || or communications for which protection is not warranted are not swept unjustifiably
17 || within the ambit of this Order.
18 Mass, indiscriminate or routinized designations are prohibited. Designations
19 || that are shown to be clearly unjustified or that have been made for an improper
20 || purpose (e.g., to unnecessarily encumber the case development process or to impose
21 || unnecessary expenses and burdens on other parties) may expose the Designating
22 || Party to sanctions.
23 If it comes to a Designating Party’s attention that information or items that it
24 || designated for protection do not qualify for protection, that Designating Party must
25 || promptly notify all other Parties that it is withdrawing the inapplicable designation.
26 5.2 Manner and Timing of Designations. Except as otherwise provided in
27 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
28 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
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1 || under this Order must be clearly so designated before the material is disclosed or
2 || produced.
3 Designation in conformity with this Order requires:
4 (a) for information in documentary form (e.g., paper or electronic
5 || documents, but excluding transcripts of depositions or other pretrial or trial
6 || proceedings), that the Producing Party affix at a minimum, the legend
7 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
8 || contains protected material. If only a portion or portions of the material on a page
9 || qualifies for protection, the Producing Party also must clearly identify the protected
10 || portion(s) (e.g., by making appropriate markings in the margins).
11 A Party or Non-Party that makes original documents available for
12 || inspection need not designate them for protection until after the inspecting Party has
13 || indicated which documents it would like copied and produced. During the inspection
14 || and before the designation, all of the material made available for inspection shall be
15 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
16 || 1t wants copied and produced, the Producing Party must determine which documents,
17 || or portions thereof, qualify for protection under this Order. Then, before producing
18 || the specified documents, the Producing Party must affix the CONFIDENTIAL
19 || legend to each page that contains Protected Material. If only a portion of the material
20 || on a page qualifies for protection, the Producing Party also must clearly identify the
21 || protected portion(s) (e.g., by making appropriate markings in the margins).
22 (b) for testimony given in depositions, that the Designating Party
23 || designates Protected Material within fourteen (14) days of receiving the transcript of
24 || the testimony.
25 (c) for information produced in some form other than documentary and
26 || for any other tangible items, that the Producing Party affix in a prominent place on
27 || the exterior of the container or containers in which the information or item is stored
28 || the legend “CONFIDENTIAL.” If only a portion or portions of the information
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1 || warrants protection, the Producing Party, to the extent practicable, shall identify the
2 || protected portion(s).
3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
4 || failure to designate qualified information or items does not, standing alone, waive
5 || the Designating Party’s right to secure protection under this Order for such material.
6 || Upon timely correction of a designation, the Receiving Party must make reasonable
7 || efforts to assure that the material is treated in accordance with the provisions of this
8 || Order.
9 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
10 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
11 || designation of confidentiality at any time.
12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
13 || resolution process under Local Rule 37-1 et seq.
14 6.3. Joint Stipulation: Any challenge submitted to the Court shall be via a
15 || joint stipulation pursuant to Local Rule 37-2.
16 6.4 The burden of persuasion in any such challenge proceeding shall be on
17 || the Designating Party. Frivolous challenges, and those made for an improper purpose
18 || (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
19 || expose the Challenging Party to sanctions. Unless the Designating Party has waived
20 || or withdrawn the confidentiality designation, all parties shall continue to afford the
21 || material in question the level of protection to which it is entitled under the Producing
22 || Party’s designation until the Court rules on the challenge.
23 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL
24 7.1 Basic Principles. A Receiving Party may use Protected Material that is
25 || disclosed or produced by another Party or by a Non-Party in connection with this
26 || Action only for prosecuting, defending, or attempting to settle this Action. Such
27 || Protected Material may be disclosed only to the categories of persons and under the
28
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1 || conditions described in this Order. When the Action has been terminated, a Receiving
2 || Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
3 Protected Material must be stored and maintained by a Receiving Party at a
4 || location and in a secure manner that ensures that access is limited to the persons
5 || authorized under this Order.
6 7.2 Disclosure “CONFIDENTIAL” Information or Items. Unless
7 || otherwise ordered by the court or permitted in writing by the Designating Party, a
8 || Receiving Party may disclose any information or item designated
9 || “CONFIDENTIAL” only to:
10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
11 |) well as employees of said Outside Counsel of Record to whom it is reasonably
12 || necessary to disclose the information for this Action;
13 (b) the officers, directors, and employees (including House Counsel) of
14 || the Receiving Party to whom disclosure is reasonably necessary for this Action;
15 (c) Experts (as defined in this Order) of the Receiving Party to whom
16 || disclosure is reasonably necessary for this Action and who have signed the
17 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (d) the court and its personnel;
19 (e) court reporters and their staff;
20 (f) professional jury or trial consultants, mock jurors, and Professional
21 || Vendors to whom disclosure is reasonably necessary for this Action and who have
22 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (g) the author or recipient of a document containing the information or
24 || a custodian or other person who otherwise possessed or knew the information;
25 (h) during their depositions, witnesses, and attorneys for witnesses, in
26 || the Action to whom disclosure is reasonably necessary provided: (1) the deposing
27 || party requests that the witness sign the form attached as Exhibit | hereto; and (2) they
28 || will not be permitted to keep any confidential information unless they sign the
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1 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
2 || agreed by the Designating Party or ordered by the court. Pages of transcribed
3 || deposition testimony or exhibits to depositions that reveal Protected Material may be
4 || separately bound by the court reporter and may not be disclosed to anyone except as
5 || permitted under this Stipulated Protective Order; and
6 (i) any mediator or settlement officer, and their supporting personnel,
7 || mutually agreed upon by any of the parties engaged in settlement discussions.
8 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
9 || INOTHER LITIGATION
10 If a Party is served with a subpoena or a court order issued in other litigation
11 || that compels disclosure of any information or items designated in this Action as
12 || “CONFIDENTIAL,” that Party must:
13 (a) promptly notify in writing the Designating Party. Such notification
14 || shall include a copy of the subpoena or court order;
15 (b) promptly notify in writing the party who caused the subpoena or
16 || order to issue in the other litigation that some or all of the material covered by the
17 || subpoena or order is subject to this Protective Order. Such notification shall include
18 || acopy of this Stipulated Protective Order; and
19 (c) cooperate with respect to all reasonable procedures sought to be
20 || pursued by the Designating Party whose Protected Material may be affected.
21 If the Designating Party timely seeks a protective order, the Party served with
22 || the subpoena or court order shall not produce any information designated in this
23 || action as “CONFIDENTIAL” before a determination by the court from which the
24 || subpoena or order issued, unless the Party has obtained the Designating Party’s
25 || permission. The Designating Party shall bear the burden and expense of seeking
26 || protection in that court of its confidential material — and nothing in these provisions
27 || should be construed as authorizing or encouraging a Receiving Party in this Action
28 || to disobey a lawful directive from another court.
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1 || 9. A__NON-PARTY’S ~PROTECTED MATERIAL 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.” Such information
5 || produced by Non-Parties in connection with this litigation is protected by the
6 || remedies and relief provided by this Order. Nothing in these provisions should be
7 || construed as prohibiting a Non-Party from seeking additional protections.
8 (b) In the event that a Party is required, by a valid discovery request, to
9 || produce a Non-Party’s confidential information in its possession, and the Party is
10 || subject to an agreement with the Non-Party not to produce the Non-Party’s
11 || confidential information, then the Party shall:
12 (1) promptly notify in writing the Requesting Party and the Non-
13 || Party that some or all of the information requested is subject to a confidentiality
14 || agreement with a Non-Party;
15 (2) promptly provide the Non-Party with a copy of the Stipulated
16 || Protective Order in this Action, the relevant discovery request(s), and a reasonably
17 || specific description of the information requested; and
18 (3) make the information requested available for inspection by
19 || the Non-Party, if requested.
20 (c) If the Non-Party fails to seek a protective order from this court
21 || within 14 days of receiving the notice and accompanying information, the Receiving
22 || Party may produce the Non-Party’s confidential information responsive to the
23 || discovery request. If the Non-Party timely seeks a protective order, the Receiving
24 || Party shall not produce any information in its possession or control that is subject to
25 || the confidentiality agreement with the Non-Party before a determination by the court.
26 || Absent a court order to the contrary, the Non-Party shall bear the burden and expense
27 || of seeking protection in this court of its Protected Material.
28 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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1 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
2 || Protected Material to any person or in any circumstance not authorized under this
3 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in
4 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
5 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
6 || persons to whom unauthorized disclosures were made of all the terms of this Order,
7 || and (d) request such person or persons to execute the “Acknowledgment and
8 || Agreement to Be Bound” that is attached hereto as Exhibit A.
9} 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
10 || PROTECTED — MATERIAL
11 When a disclosure of Discovery Material and/or any other documents and
12 || materials containing information subject to a claim of privilege or any other
13 || protection is made in this Action, such disclosure does not operate as a waiver in this
14 || Action or any other federal or state proceeding if: (1) the disclosure was inadvertent;
15 || (2) the holder of the privilege or protection took reasonable steps to prevent
16 || disclosure; and (3) the holder promptly took reasonable steps to rectify the error,
17 || including following the steps identified in Federal Rule of Civil Procedure
18 || 26(b)(5)(B). This provision is not intended to modify whatever procedure may be
19 || established in an e-discovery order that provides for production without prior
20 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
21 || parties reach an agreement on the effect of disclosure of a communication or
22 || information covered by the attorney-client privilege or work product protection, the
23 || parties may incorporate their agreement in the stipulated protective order submitted
24 || to the Court.
25 || 12. MISCELLANEOUS
26 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
27 || person to seek its modification by the Court in the future.
28
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1 12.2 Right to Assert Other Objections. By stipulating to the entry of this
2 || Protective Order no Party waives any right it otherwise would have to object to
3 || disclosing or producing any information or item on any ground not addressed in this
4 || Stipulated Protective Order. Similarly, no Party waives any right to object on any
5 || ground to use in evidence of any of the material covered by this Protective Order.
6 12.3 Filing Protected Material. A Party that seeks to file under seal any
7 || Protected Material must comply with Civil Local Rule 79-5. Protected Material may
8 || only be filed under seal pursuant to a court order authorizing the sealing of the
9 || specific Protected Material at issue. If a Party’s request to file Protected Material
10 || under seal is denied by the court, then the Receiving Party may file the information
11 || in the public record unless otherwise instructed by the court.
12 12.4 No Impact on Each Party’s Rights Respecting Its Own Data. Nothing
13 || in this Protective Order shall restrict or in any way modify a party’s rights with
14 || respect to the handling, use, or disclosure of its own data, documents, and other
15 || materials.
16 || 13. FINAL DISPOSITION
17 After the final disposition of this action, as defined in paragraph 4, within 60
18 || days of a written request by the Designating Party, each Receiving Party must return
19 || all Protected Material to the Producing Party or destroy such material. As used in this
20 || subdivision, “all Protected Material” includes all copies, abstracts, compilations,
21 || summaries, and any other format reproducing or capturing any of the Protected
22 || Material. Whether the Protected Material is returned or destroyed, the Receiving
23 || Party must submit a written certification to the Producing Party (and, if not the same
24 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
25 || (by category, where appropriate) all the Protected Material that was returned or
26 || destroyed and (2) affirms that the Receiving Party has not retained any copies,
27 || abstracts, compilations, summaries or any other format reproducing or capturing any
28 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to
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1 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
2 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
3 || reports, attorney work product, and consultant and expert work product, even if such
4 || materials contain Protected Material. Any such archival copies that contain or
5 || constitute Protected Material remain subject to this Protective Order as set forth in
6 || Section 4 (DURATION).
7 || 14. MIOLATION
8 Any violation of this Order may be punished by appropriate measures
9 || including, without limitation, contempt proceedings and/or monetary sanctions.
10 | ///
11 || ///
12 || ///
13 || ITTS SO STIPULATED, THROUGH COUNSEL OF RECORD.
14
15 | DATED: January 26, 2023 s/Devin Fok
16 Attorneys for Plaintiff
17
18 | DATED: January 26, 2023 s/Jessica Lohr
19 aonueys for Defendants
20
21
22 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
23 *
24 || DATED: 1/27/2023 (Wy
25
26 United States Magistrate Judge
27
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140249680 -15- Case No. 2:22-cv-04367-MCS-AFM
Case 2:22-cv-04367-MCS-AFM Document 23 Filed 01/27/23 Page 16o0f16 Page #:179
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 was
6 || issued by the United States District Court for the Central District of California on
7 in the case of Ashley Ronshae Jones v. RP On-Site, LLC et al., Case
8 || No. 2:22-cv-04367-MCS-AFM (C.D. Cal.). I agree to comply with and to be bound
9 || by 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 _ telephone
20 || number] as my California agent for service of process in connection with this action
21 || or any proceedings related to enforcement of this Stipulated Protective Order.
22
23 || Date:
24 City and State where sworn and signed:
° Printed name:
26
97 Signature: eee
28
140249680 - 16 - Case No. 2:22-cv-04367-MCS-AFM