even stipulated protective orders require good 20 cause showing
How later courts described this case
- even stipulated protective orders require good 20 cause showing
Written by the judges who cited it.
The opinion
Case 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 1 of 15 Page ID #:418
1 ALFRED SHAUMYAN (SBN 266908)
alfred@sdalawgroup.com
2
AREN DERBARSEGHIAN (SBN 304530)
3 aren@sdalawgroup.com
AMIR ABDIZADEH (SBN 298114)
4 amir@sdalawgroup.com
SDA LAW GROUP P.C.
5 535 N. Brand Blvd, Suite #280
Glendale, California 91203
6 Telephone: (818) 574-0845
7 Attorney for Plaintiff
JOHN ELLSON
8
JOANNA E. MACMILLAN (SBN 281891)
9 jmacmillan@constangy.com
AYAN K. JACOBS (SBN 329934)
10 ajacobs@constangy.com
CONSTANGY, BROOKS,
11 SMITH & PROPHETE, LLP
2029 Century Park East, Suite 1100
12 Los Angeles, California 90067
Telephone: (310) 909-7775
13
Attorneys for Defendant
14 UNION PACIFIC RAILROAD
15 UNITED STATES DISTRICT COURT
16 CENTRAL DISTRICT OF CALIFORNIA
17
18 JOHN ELLSON, an individual Case No. 5:22-CV-01767-SSS-SPx
Plaintiff,
19 v.
20 UNION PACIFIC RAILROAD ORDER RE: JOINT STIPULATED
COMPANY, a Delaware Corporation, PROTECTIVE ORDER
21 and DOES 1-50,
22 Defendants.
23
24
25
26
27
28
1
ORDER RE STIPULATION AND PROTECTIVE ORDER
Case 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 2 of 15 Page ID #:419
1 1. A. 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 disclosure
4 and from use for any purpose other than prosecuting this litigation may be warranted.
5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following
6 Stipulated Protective Order. The parties acknowledge that this Order does not confer
7 blanket protections on all disclosures or responses to discovery and that the protection
8 it affords from public disclosure and use extends only to the limited information or items
9 that are entitled to confidential treatment under the applicable legal principles.
10 B. GOOD CAUSE STATEMENT
11 This action is likely to involve personnel records, employment information, and
12 healthcare and medical records, including protected health information covered by
13 HIPAA, for which special protection from public disclosure and from use for any
14 purpose other than prosecution of this action is warranted. Such information may
15 consist of, among other things, leave and disability accommodation information and
16 payroll information. Federal courts have recognized the privacy protection accorded to
17 a person’s personnel records and employment information under Article 1, Section 1 of
18 the California Constitution. See, e.g., Bickley v. Schneider Nat’l, Inc., No. C 08–5806
19 JSW (JL), 2011 WL 1344195, at *2 (N.D.Cal.2011) (unpublished) (collecting cases and
20 stating that “[a]n employee's personnel records and employment information are
21 protected by the constitutional right to privacy”); Official Unsecured Creditors Comm.
22 of Media Vision Tech., Inc. v. Jain, 215 F.R.D. 587, 590 (N.D.Cal.2003). Courts have
23 also found good cause to issue a protective order when medical information may be
24 subject to disclosure. See, e.g., Tenney v. Aetna Life Ins. Co., No.
25 817CV00387CJCKESX, 2017 WL 8186684, at *4 (C.D. Cal. Dec. 29, 2017).
26 Accordingly, to expedite the flow of information, to facilitate the prompt
27 resolution of disputes over confidentiality of discovery materials, to adequately protect
28 information the parties are entitled to keep confidential, to ensure that the parties are
2
ORDER RE STIPULATION AND PROTECTIVE ORDER
Case 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 3 of 15 Page ID #:420
1 permitted reasonable necessary uses of such material in preparation for and in the
2 conduct of trial, to address their handling at the end of the litigation, and serve the ends
3 of justice, a protective order for such information is justified in this matter. It is the
4 intent of the parties that information will not be designated as confidential for tactical
5 reasons and that nothing be so designated without a good faith belief that it has been
6 maintained in a confidential, non-public manner, and there is good cause why it should
7 not be part of the public record of this case.
8 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
9 The parties further acknowledge, as set forth in Section 12.3, below, that this
10 Stipulated Protective Order does not entitle them to file confidential information under
11 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
12 standards that will be applied when a party seeks permission from the court to file
13 material under seal.
14 There is a strong presumption that the public has a right of access to judicial
15 proceedings and records in civil cases. In connection with non-dispositive motions,
16 good cause must be shown to support a filing under seal. See Kamakana v. City and
17 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
18 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,
19 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
20 cause showing), and a specific showing of good cause or compelling reasons with
21 proper evidentiary support and legal justification, must be made with respect to
22 Protected Material that a party seeks to file under seal. The parties’ mere designation
23 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the
24 submission of competent evidence by declaration, establishing that the material sought
25 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—
26 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 relief
3
ORDER RE STIPULATION AND PROTECTIVE ORDER
Case 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 4 of 15 Page ID #:421
1 sought shall be narrowly tailored to serve the specific interest to be protected. See
2 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item
3 or type of information, document, or thing sought to be filed or introduced under seal
4 in connection with a dispositive motion or trial, the party seeking protection must
5 articulate compelling reasons, supported by specific facts and legal justification, for the
6 requested sealing order. Again, competent evidence supporting the application to file
7 documents under seal must be provided by declaration.
8 Any document that is not confidential, privileged, or otherwise protectable in its
9 entirety will not be filed under seal if the confidential portions can be redacted. If
10 documents can be redacted, then a redacted version for public viewing, omitting only
11 the confidential, privileged, or otherwise protectable portions of the document, shall be
12 filed. Any application that seeks to file documents under seal in their entirety should
13 include an explanation of why redaction is not feasible.
14 2. DEFINITIONS
15 2.1 Action: the above-captioned lawsuit, i.e., Ellson v. Union Pacific Railroad
16 Company et al., Case No. 5:22-CV-01767-SSS-SP (C.D. Cal.).
17 2.2 Challenging Party: a Party or Non-Party that challenges the designation
18 of information or items under this Order.
19 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how
20 it is generated, stored or maintained) or tangible things that qualify for protection under
21 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
22 Statement.
23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
24 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.”
28 ///
4
ORDER RE STIPULATION AND PROTECTIVE ORDER
Case 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 5 of 15 Page ID #:422
1 2.6 Disclosure or Discovery Material: all items or information, regardless of
2 the medium or manner in which it is generated, stored, or maintained (including, among
3 other things, testimony, transcripts, and tangible things), that are produced or generated
4 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 an
7 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 to
14 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 has
16 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 support
23 services (e.g., photocopying, videotaping, translating, preparing exhibits or
24 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
25 their employees and subcontractors.
26 2.14 Protected Material: any Disclosure or Discovery Material that is
27 designated as “CONFIDENTIAL.”
28 ///
5
ORDER RE STIPULATION AND PROTECTIVE ORDER
Case 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 6 of 15 Page ID #:423
1 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
2 from a Producing Party.
3 3. SCOPE
4 The protections conferred by this Stipulation and Order cover not only Protected
5 Material (as defined above), but also (1) any information copied or extracted from
6 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
7 Material; and (3) any testimony, conversations, or presentations by Parties or their
8 Counsel that might reveal Protected Material.
9 Any use of Protected Material at trial shall be governed by the orders of the trial
10 judge. This Order does not govern the use of Protected Material at trial.
11 4. DURATION
12 Even after final disposition of this litigation, the confidentiality obligations
13 imposed by this Order will remain in effect until a Designating Party agrees otherwise
14 in writing or a court order otherwise directs. Final disposition is the latter of (1)
15 dismissal of all claims and defenses in this action, with or without prejudice, or (2) final
16 judgment after the completion and exhaustion of all appeals, rehearings, remands, trials,
17 or reviews of this action, including the time limits for filing any motions or applications
18 for extension of time under applicable law.
19 5. DESIGNATING PROTECTED MATERIAL
20 5.1 Exercise of Restraint and Care in Designating Material for Protection.
21 Each Party or Non-Party that designates information or items for protection under this
22 Order must take care to limit any such designation to specific material that qualifies
23 under the appropriate standards. The Designating Party must designate for protection
24 only those parts of material, documents, items or oral or written communications that
25 qualify so that other portions of the material, documents, items or communications for
26 which protection is not warranted are not swept unjustifiably within the ambit of this
27 Order.
28 ///
6
ORDER RE STIPULATION AND PROTECTIVE ORDER
Case 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 7 of 15 Page ID #:424
1 Mass, indiscriminate or routinized designations are prohibited. Designations that
2 are shown to be clearly unjustified or that have been made for an improper purpose
3 (e.g., to unnecessarily encumber the case development process or to impose
4 unnecessary expenses and burdens on other parties) may expose the Designating Party
5 to sanctions.
6 If it comes to a Designating Party’s attention that information or items that it
7 designated for protection do not qualify for protection, that Designating Party must
8 promptly notify all other Parties that it is withdrawing the inapplicable designation.
9 5.2 Manner and Timing of Designations. Except as otherwise provided in this
10 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated
11 or ordered, Disclosure or Discovery Material that qualifies for protection under this
12 Order must be clearly so designated before the material is disclosed or produced.
13 Designation in conformity with this Order requires:
14 (a) for information in documentary form (e.g., paper or electronic documents,
15 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
16 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
17 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
18 portion of the material on a page qualifies for protection, the Producing Party also must
19 clearly identify the protected portion(s) (e.g., by making appropriate markings in the
20 margins).
21 A Party or Non-Party that makes original documents available for inspection
22 need not designate them for protection until after the inspecting Party has indicated
23 which documents it would like copied and produced. During the inspection and before
24 the designation, all of the material made available for inspection shall be deemed
25 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
26 copied and produced, the Producing Party must determine which documents, or portions
27 thereof, qualify for protection under this Order. Then, before producing the specified
28 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page
7
ORDER RE STIPULATION AND PROTECTIVE ORDER
Case 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 8 of 15 Page ID #:425
1 that contains Protected Material. If only a portion of the material on a page qualifies
2 for protection, the Producing Party also must clearly identify the protected portion(s)
3 (e.g., by making appropriate markings in the margins).
4 (b) for testimony given in depositions that the Designating Party identifies
5 the Disclosure or Discovery Material on the record, before the close of the deposition
6 all protected testimony.
7 (c) for information produced in some form other than documentary and for
8 any other tangible items, that the Producing Party affix in a prominent place on the
9 exterior of the container or containers in which the information is stored the legend
10 “CONFIDENTIAL.” If only a portion or portions of the information warrants
11 protection, the Producing Party, to the extent practicable, shall identify the protected
12 portion(s).
13 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
14 failure to designate qualified information or items does not, standing alone, waive the
15 Designating Party’s right to secure protection under this Order for such material. Upon
16 timely correction of a designation, the Receiving Party must make reasonable efforts to
17 assure that the material is treated in accordance with the provisions of this Order.
18 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
19 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
20 designation of confidentiality at any time that is consistent with the Court’s Scheduling
21 Order.
22 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
23 resolution process under Local Rule 37.1 et seq.
24 6.3 The burden of persuasion in any such challenge proceeding shall be on the
25 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
26 to harass or impose unnecessary expenses and burdens on other parties) may expose the
27 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
28 the confidentiality designation, all parties shall continue to afford the material in
8
ORDER RE STIPULATION AND PROTECTIVE ORDER
Case 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 9 of 15 Page ID #:426
1 question the level of protection to which it is entitled under the Producing Party’s
2 designation until the Court rules on the challenge.
3 7. ACCESS TO AND USE OF PROTECTED MATERIAL
4 7.1 Basic Principles. A Receiving Party may use Protected Material that is
5 disclosed or produced by another Party or by a Non-Party in connection with this Action
6 only for prosecuting, defending or attempting to settle this Action. Such Protected
7 Material may be disclosed only to the categories of persons and under the conditions
8 described in this Order. When the Action has been terminated, a Receiving Party must
9 comply with the provisions of section 13 below (FINAL DISPOSITION).
10 Protected Material must be stored and maintained by a Receiving Party at a
11 location and in a secure manner that ensures that access is limited to the persons
12 authorized under this Order.
13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
14 ordered by the court or permitted in writing by the Designating Party, a Receiving Party
15 may disclose any information or item designated “CONFIDENTIAL” only to:
16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
17 as employees of said Outside Counsel of Record to whom it is reasonably necessary to
18 disclose the information for this Action;
19 (b) the officers, directors, and employees (including House Counsel) of the
20 Receiving Party to whom disclosure is reasonably necessary for this Action;
21 (c) Experts (as defined in this Order) of the Receiving Party to whom
22 disclosure is reasonably necessary for this Action and who have signed the
23 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
24 (d) the court and its personnel;
25 (e) court reporters and their staff;
26 (f) professional jury or trial consultants, mock jurors, and Professional
27 Vendors to whom disclosure is reasonably necessary for this Action and who have
28 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9
ORDER RE STIPULATION AND PROTECTIVE ORDER
Case 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 10 of 15 Page ID #:427
1 (g) the author or recipient of a document containing the information or a
2 custodian or other person who otherwise possessed or knew the information;
3 (h) during their depositions, witnesses, and attorneys for witnesses, in the
4 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
5 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
6 not be permitted to keep any confidential information unless they sign the
7 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
8 by the Designating Party or ordered by the court. Pages of transcribed deposition
9 testimony or exhibits to depositions that reveal Protected Material may be separately
10 bound by the court reporter and may not be disclosed to anyone except as permitted
11 under this Stipulated Protective Order; and
12 (i) any mediator or settlement officer, and their supporting personnel,
13 mutually agreed upon by any of the parties engaged in settlement discussions.
14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
15 OTHER LITIGATION
16 If a Party is served with a subpoena or a court order issued in other litigation that
17 compels disclosure of any information or items designated in this Action as
18 “CONFIDENTIAL,” that Party must:
19 (a) promptly notify in writing the Designating Party. Such notification shall
20 include a copy of the subpoena or court order;
21 (b) promptly notify in writing the party who caused the subpoena or order to
22 issue in the other litigation that some or all of the material covered by the subpoena or
23 order is subject to this Protective Order. Such notification shall include a copy of this
24 Stipulated Protective Order; and
25 (c) cooperate with respect to all reasonable procedures sought to be pursued
26 by the Designating Party whose Protected Material may be affected.
27 If the Designating Party timely seeks a protective order, the Party served with the
28 subpoena or court order shall not produce any information designated in this action as
10
ORDER RE STIPULATION AND PROTECTIVE ORDER
Case 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 11 of 15 Page ID #:428
1 “CONFIDENTIAL” before a determination by the court from which the subpoena or
2 order issued, unless the Party has obtained the Designating Party’s permission. The
3 Designating Party shall bear the burden and expense of seeking protection in that court
4 of its confidential material and nothing in these provisions should be construed as
5 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive
6 from another court.
7 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
8 IN THIS LITIGATION
9 (a) The terms of this Order are applicable to information produced by a Non-
10 Party in this Action and designated as “CONFIDENTIAL.” Such information produced
11 by Non-Parties in connection with this litigation is protected by the remedies and relief
12 provided by this Order. Nothing in these provisions should be construed as prohibiting
13 a Non-Party from seeking additional protections.
14 (b) In the event that a Party is required, by a valid discovery request, to
15 produce a Non-Party’s confidential information in its possession, and the Party is
16 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential
17 information, then the Party shall:
18 (1) promptly notify in writing the Requesting Party and the Non-Party that
19 some or all of the information requested is subject to a confidentiality agreement with
20 a Non-Party;
21 (2) promptly provide the Non-Party with a copy of the Stipulated
22 Protective Order in this Action, the relevant discovery request(s), and a reasonably
23 specific description of the information requested; and
24 (3) make the information requested available for inspection by the Non-
25 Party, if requested.
26 (c) If the Non-Party fails to seek a protective order from this court within 21
27 days of receiving the notice and accompanying information, the Receiving Party may
28 produce the Non-Party’s confidential information responsive to the discovery request.
11
ORDER RE STIPULATION AND PROTECTIVE ORDER
Case 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 12 of 15 Page ID #:429
1 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
2 any information in its possession or control that is subject to the confidentiality
3 agreement with the Non-Party before a determination by the court. Absent a court order
4 to the contrary, the Non-Party shall bear the burden and expense of seeking protection
5 in this court of its Protected Material.
6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
8 Protected Material to any person or in any circumstance not authorized under this
9 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
10 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
11 all unauthorized copies of the Protected Material, (c) inform the person or persons to
12 whom unauthorized disclosures were made of all the terms of this Order, and (d) request
13 such person or persons to execute the “Acknowledgment and Agreement to Be Bound”
14 that is attached hereto as Exhibit A.
15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
16 PROTECTED MATERIAL
17 When a Producing Party gives notice to Receiving Parties that certain
18 inadvertently produced material is subject to a claim of privilege or other protection,
19 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
20 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
21 may be established in an e-discovery order that provides for production without prior
22 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
23 parties reach an agreement on the effect of disclosure of a communication or
24 information covered by the attorney-client privilege or work product protection, the
25 parties may incorporate their agreement in the stipulated protective order submitted to
26 the court.
27 ///
28 ///
12
ORDER RE STIPULATION AND PROTECTIVE ORDER
Case 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 13 of 15 Page ID #:430
1 12. MISCELLANEOUS
2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
3 person to seek its modification by the Court in the future.
4 12.2 Right to Assert Other Objections. By stipulating to the entry of this
5 Protective Order, no Party waives any right it otherwise would have to object to
6 disclosing or producing any information or item on any ground not addressed in this
7 Stipulated Protective Order. Similarly, no Party waives any right to object on any
8 ground to use in evidence of any of the material covered by this Protective Order.
9 12.3 Filing Protected Material. A Party that seeks to file under seal any
10 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
11 only be filed under seal pursuant to a court order authorizing the sealing of the specific
12 Protected Material at issue. If a Party’s request to file Protected Material under seal is
13 denied by the court, then the Receiving Party may file the information in the public
14 record unless otherwise instructed by the court.
15 13. FINAL DISPOSITION
16 After the final disposition of this Action, as defined in paragraph 4, within 60
17 days of a written request by the Designating Party, each Receiving Party must return all
18 Protected Material to the Producing Party or destroy such material. As used in this
19 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
20 summaries, and any other format reproducing or capturing any of the Protected
21 Material. Whether the Protected Material is returned or destroyed, the Receiving Party
22 must submit a written certification to the Producing Party (and, if not the same person
23 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
24 category, where appropriate) all the Protected Material that was returned or destroyed
25 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
26 compilations, summaries or any other format reproducing or capturing any of the
27 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
28 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
13
ORDER RE STIPULATION AND PROTECTIVE ORDER
Casé 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 14o0f15 Page ID #:431
1 || legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
2 || work product, and consultant and expert work product, even if such materials contain
3 || Protected Material. Any such archival copies that contain or constitute Protected
4 || Material remain subject to this Protective Order as set forth in Section 4 (DURATION).
5 VIOLATION
6 || Any willful violation of this Order may be punished by civil or criminal contempt,
7 ||financial or evidentiary sanctions, reference to disciplinary authorities, or other
8 || appropriate action at the discretion of the Court.
10 ||) IT IS SO ORDERED.
11
D DATED: March 2, 2023
HON. SUNSHINE S. SYKES
13 U.S. DISTRICT JUDGE
14
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ORDER RE STIPULATION AND PROTECTIVE ORDER
Case 5:22-cv-01767-SSS-SP Document 27 Filed 03/02/23 Page 15 of 15 Page ID #:432
EXHIBIT A
1
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 that I
5 have read in its entirety and understand the Stipulated Protective Order that was issued
6 by the United States District Court for the Central District of California on [date] in the
7 case of Ellson v. Union Pacific Railroad Company, et al., Case No. 5:22-CV-01767-
8 SSS-SP (C.D. Cal.). I agree to comply with and to be bound by all the terms of this
9 Stipulated Protective Order and I understand and acknowledge that failure to so comply
10 could expose me to sanctions and punishment in the nature of contempt. I solemnly
11 promise that I will not disclose in any manner any information or item that is subject to
12 this Stipulated Protective Order to any person or entity except in strict compliance with
13 the provisions of this Order.
14 I further agree to submit to the jurisdiction of the United States District Court for the
15 Central District of California for enforcing the terms of this Stipulated Protective Order,
16 even if such enforcement proceedings occur after termination of this action. I hereby
17 appoint __________________________ [print or type full name] of
18 _______________________________________ [print or type full address and
19 telephone number] as my California agent for service of process in connection with this
20 action or any proceedings related to enforcement of this Stipulated Protective Order.
21
22 Date: ___________________________
23
24 City and State where sworn and signed:
25
Printed name: _______________________________
26
27 Signature: __________________________________
28
15
ORDER RE STIPULATION AND PROTECTIVE ORDER