even stipulated protective orders require good cause showing
How later courts described this case
- even stipulated protective orders require good cause showing
Written by the judges who cited it.
The opinion
Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 1 of 16 Page ID #:182
1 NAZGOLE HASHEMI (SBN 291711)
nhashemi@legalaxxis.com
2
TANNAZ HASHEMI (SBN 296640)
3 thashemi@legalaxxis.com
4 LegalAxxis, Inc.
1999 Avenue of the Stars, Suite 1100
5 Century City, CA 90067
6 Telephone: (424) 249-3685
Facsimile: (424) 208-0622
7
Attorneys for Plaintiff
8
UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10
11 EVAN HARRIS, an individual, Case No. 2:23-cv-00645-ODW (AFMx)
12
Plaintiff, [PROPOSED] PROTECTIVE ORDER
13
v. [DISCOVERY MATTER]
14
15 FEDEX CORPORATION, a Delaware
16 corporation registered in California,
FEDERAL EXPRESS CORPORATION,
17
a Delaware corporation registered in
18 California, and DOES 1-10,
19
Defendants.
20
21
22 1. PURPOSES AND LIMITATIONS
23 Discovery in this action is likely to involve production of confidential, proprietary,
24 or private information for which special protection from public disclosure and from use
25 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the
26 parties hereby stipulate to and petition the Court to enter the following Stipulated
27 Protective Order. The parties acknowledge that this Order does not confer blanket
28 protections on all disclosures or responses to discovery and that the protection it affords
1
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Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 2 of 16 Page ID #:183
1 from public disclosure and use extends only to the limited information or items that
2 are entitled to confidential treatment under the applicable legal principles.
3 GOOD CAUSE STATEMENT
4 This action is likely to involve confidential commercial, financial, medical,
5 personal identifying information and contact information for non-party current and
6 former employees, employee personnel file(s) for current and/or non-party
7 employees, and/or proprietary information for which special protection from public
8 disclosure and from use for any purpose other than prosecution of this action is
9 warranted. Such confidential and proprietary materials and information consist of,
10 among other things, confidential business, financial, personnel, and/or medical
11 records and information (including information implicating privacy rights of third
12 parties), information otherwise generally unavailable to the public, or which may be
13 privileged or otherwise protected from disclosure under state or federal statutes,
14 court rules, case decisions, or common law. Accordingly, to expedite the flow of
15 information, to facilitate the prompt resolution of disputes over confidentiality of
16 discovery materials, to adequately protect information the parties are entitled to keep
17 confidential, to ensure that the parties are permitted reasonable necessary uses of
18 such material in preparation for and in the conduct of trial, to address their handling
19 at the end of the litigation, and serve the ends of justice, a protective order for such
20 information is justified in this matter. It is the intent of the parties that information
21 will not be designated as confidential for tactical reasons and that nothing be so
22 designated without a good faith belief that it has been maintained in a confidential,
23 non-public manner, and there is good cause why it should not be part of the public
24 record of this case.
25 ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
26 The parties further acknowledge, as set forth in Section 12.3, below, that this
27 Stipulated Protective Order does not entitle them to file confidential information
28 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
2
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Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 3 of 16 Page ID #:184
1 and the standards that will be applied when a party seeks permission from the court to file
2 material under seal.
3 There is a strong presumption that the public has a right of access to judicial
4 proceedings and records in civil cases. In connection with non-dispositive motions, good
5 cause must be shown to support a filing under seal. See Kamakana v. City and County of
6 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors Corp., 307 F.3d
7 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576,
8 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), and
9 a specific showing of good cause or compelling reasons with proper evidentiary support
10 and legal justification, must be made with respect to Protected Material that a party seeks
11 to file under seal. The parties’ mere designation of Disclosure or Discovery Material as
12 CONFIDENTIAL does not—without the submission of competent evidence by
13 declaration, establishing that the material sought to be filed under seal qualifies as
14 confidential, privileged, or otherwise protectable—constitute good cause.
15 Further, if a party requests sealing related to a dispositive motion or trial, then
16 compelling reasons, not only good cause, for the sealing must be shown, and the relief
17 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos
18 v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type
19 of information, document, or thing sought to be filed or introduced under seal in
20 connection with a dispositive motion or trial, the party seeking protection must articulate
21 compelling reasons, supported by specific facts and legal justification, for the requested
22 sealing order. Again, competent evidence supporting the application to file documents
23 under seal must be provided by declaration.
24 Any document that is not confidential, privileged, or otherwise protectable in its
25 entirety will not be filed under seal if the confidential portions can be redacted. If
26 documents can be redacted, then a redacted version for public viewing, omitting only the
27 confidential, privileged, or otherwise protectable portions of the document, shall be filed.
28 Any application that seeks to file documents under seal in their entirety should include an
3
[PROPOSED] PROTECTIVE ORDER
Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 4 of 16 Page ID #:185
1 explanation of why redaction is not feasible.
2 2. DEFINITIONS
3 2.1 Action: the above-captioned case.
4 2.2 Challenging Party: a Party or Non-Party that challenges the designation of
5 information or items under this Order.
6 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it
7 is generated, stored or maintained) or tangible things that qualify for
8 protection under Federal Rule of Civil Procedure 26(c), and as specified above
9 in the Good Cause Statement.
10 2.4 Counsel (without qualifier): Outside Counsel of Record and House Counsel
11 (as well as their support staff).
12 2.5 Designating Party: a Party or Non-Party that designates information or items
13 that it produces in disclosures or in responses to discovery as
14 “CONFIDENTIAL.”
15 2.6 Disclosure or Discovery Material: all items or information, regardless of the
16 medium or manner in which it is generated, stored, or maintained (including,
17 among other things, testimony, transcripts, and tangible things), that are
18 produced or generated in disclosures or responses to discovery in this matter.
19 2.7 Expert: a person with specialized knowledge or experience in a matter
20 pertinent to the litigation who has been retained by a Party or its counsel to
21 serve as an expert witness or as a consultant in this Action.
22 2.8 House Counsel: attorneys who are employees of a party to this Action. House
23 Counsel does not include Outside Counsel of Record or any other outside
24 counsel.
25 2.9 Non-Party: any natural person, partnership, corporation, association or other
26 legal entity not named as a Party to this action.
27 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this
28 action but are retained to represent or advise a party to this Action and have
4
[PROPOSED] PROTECTIVE ORDER
Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 5 of 16 Page ID #:186
1 appeared in this action on behalf of that party or are affiliated with a law firm
2 which has appeared on behalf of that party, and includes support staff.
3 2.11 Party: any party to this action, including all of its officers, directors,
4 employees, consultants, retained experts, and Outside Counsel of Record (and
5 their support staffs).
6 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
7 Material in this action.
8 2.13 Professional Vendors: persons or entities, not employed by or affiliated with
9 a Party, that provide litigation support services (e.g., photocopying,
10 videotaping, translating, preparing exhibits or demonstrations, and
11 organizing, storing, or retrieving data in any form or medium) and their
12 employees and subcontractors.
13 2.14 Protected Material: any Disclosure or Discovery Material that is designated
14 as “CONFIDENTIAL.”
15 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from
16 a Producing Party.
17 3. SCOPE
18 The protections conferred by this Stipulation and Order cover not only Protected
19 Material (as defined above), but also (1) any information copied or extracted from
20 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
21 Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel
22 that might reveal Protected Material. Any use of Protected Material at trial shall be
23 governed by the orders of the trial judge. This Order does not govern the use of Protected
24 Material at trial.
25 ///
26 4. DURATION
27 Even after final disposition of this litigation, the confidentiality obligations imposed
28 by this Order shall remain in effect until a Designating Party agrees otherwise in writing
5
[PROPOSED] PROTECTIVE ORDER
Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 6 of 16 Page ID #:187
1 or a court order otherwise directs. Final disposition shall be deemed to be the later
2 of (1) dismissal of all claims and defenses in this Action, with or without prejudice;
3 and (2) final judgment herein after the completion and exhaustion of all appeals,
4 rehearings, remands, trials, or reviews of this Action, including the time limits for
5 filing any motions or applications for extension of time pursuant to applicable law.
6 5. DESIGNATING PROTECTED MATERIAL
7 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each
8 Party or Non-Party that designates information or items for protection under
9 this Order must take care to limit any such designation to specific material
10 that qualifies under the appropriate standards. The Designating Party must
11 designate for protection only those parts of material, documents, items or oral
12 or written communications that qualify so that other portions of the material,
13 documents, items or communications for which protection is not warranted
14 are not swept unjustifiably within the ambit of this Order. Mass,
15 indiscriminate or routinized designations are prohibited. Designations that are
16 shown to be clearly unjustified or that have been made for an improper
17 purpose (e.g., to unnecessarily encumber the case development process or to
18 impose unnecessary expenses and burdens on other parties) may expose the
19 Designating Party to sanctions. If it comes to a Designating Party’s attention
20 that information or items that it designated for protection do not qualify for
21 protection, that Designating Party must promptly notify all other Parties that
22 it is withdrawing the inapplicable designation.
23 5.2 Manner and Timing of Designations. Except as otherwise provided in this
24 Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material
25 that qualifies for protection under this Order must be clearly so designated
26 before the material is disclosed or produced. Designation in conformity with
27 this Order requires:
28 (a) for information in documentary form (e.g., paper or electronic documents, but
6
[PROPOSED] PROTECTIVE ORDER
Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 7 of 16 Page ID #:188
1 excluding transcripts of depositions or other pretrial or trial proceedings), that
2 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” to
3 each page that contains protected material. If only a portion or portions of the
4 material on a page qualifies for protection, the Producing Party also must
5 clearly identify the protected portions(s) (e.g., by making appropriate
6 markings in the margins).
7 (b) A Party or Non-Party that makes original documents available for inspection
8 need not designate them for protection until after the inspecting Party has
9 indicated which documents it would like copied and produced. During the
10 inspection and before the designation, all of the material made available for
11 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party
12 has identified the documents it wants copied and produced, the Producing
13 Party must determine which documents, or portions thereof, qualify for
14 protection under this Order. Then, before producing the specified documents,
15 the Producing Party must affix the “CONFIDENTIAL legend” to each page
16 that contains Protected Material. If only a portion or portions of the material
17 on a page qualifies for production, the Producing Party also must clearly
18 identify the protected portion(s) (e.g., by making appropriate markings in the
19 margins).
20 (c) For testimony given in depositions, that the Designating Party identify the
21 Disclosure or Discovery Material on the record, before the close of the
22 deposition all protected testimony.
23 (d) for information produced in some form other than documentary and for any
24 other tangible items, that the Producing Party affix in a prominent place on
25 the exterior of the container or containers in which the information is stored
26 the legend “CONFIDENTIAL.” If only a portion or portions of the
27 information warrants protection, the Producing Party, to the extent
28 practicable, shall identify the protected portion(s).
7
[PROPOSED] PROTECTIVE ORDER
Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 8 of 16 Page ID #:189
1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure
2 to designate qualified information or items does not, standing alone, waive the
3 Designating Party’s right to secure protection under this Order for such
4 material. Upon timely correction of a designation, the Receiving Party must
5 make reasonable efforts to assure that the material is treated in accordance
6 with the provisions of this Order.
7 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
8 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation
9 of confidentiality at any time that is consistent with the Court’s Scheduling
10 Order.
11 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
12 process under Local Rule 37-1 et seq.
13 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint
14 stipulation pursuant to Local Rule 37-1 et seq.
15 6.4 The burden of persuasion in any such challenge proceeding shall be on the
16 Designating Party. Frivolous challenges, and those made for an improper
17 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
18 parties) may expose the Challenging Party to sanctions. Unless the
19 Designating Party has waived or withdrawn the confidentiality designation,
20 all parties shall continue to afford the material in question the level of
21 protection to which it is entitled under the Producing Party’s designation until
22 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
26 this Action only for prosecuting, defending or attempting to settle this Action.
27 Such Protected Material may be disclosed only to the categories of persons
28 and under the conditions described in this Order. When the Action has been
8
[PROPOSED] PROTECTIVE ORDER
Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 9 of 16 Page ID #:190
1 terminated, a Receiving Party must comply with the provisions of section 13
2 below (FINAL DISPOSITION). Protected Material must be stored and
3 maintained by a Receiving Party at a location and in a secure manner that
4 ensures that access is limited to the persons authorized under this Order.
5 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
6 ordered by the court or permitted in writing by the Designating Party, a
7 Receiving Party may disclose any information or item designated
8 “CONFIDENTIAL” only to:
9 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as
10 employees of said Outside Counsel of Record to whom it is reasonably
11 necessary to disclose the information for this Action;
12 (b) the officers, directors, and employees (including House Counsel) of the
13 Receiving Party to whom disclosure is reasonably necessary for this Action;
14 (c) experts (as defined in this Order) of the Receiving Party to whom disclosure
15 is reasonably necessary for this Action and who have signed the
16 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
17 (d) the court and its personnel;
18 (e) court reporters and their staff;
19 (f) professional jury or trial consultants, mock jurors, and Professional Vendors
20 to whom disclosure is reasonably necessary for this Action and who have
21 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
22 (g) the author or recipient of a document containing the information or a custodian
23 or other person who otherwise possessed or knew the information;
24 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action
25 to whom disclosure is reasonably necessary provided: (1) the deposing party
26 requests that the witness sign the form attached as Exhibit A hereto; and (2)
27 they will not be permitted to keep any confidential information unless they
28 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
9
[PROPOSED] PROTECTIVE ORDER
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1 otherwise agreed by the Designating Party or ordered by the court. Pages of
2 transcribed deposition testimony or exhibits to depositions that reveal
3 Protected Material may be separately bound by the court reporter and may not
4 be disclosed to anyone except as permitted under this Stipulated Protective
5 Order; and
6 (i) any mediator or settlement officer, and their supporting personnel, mutually
7 agreed upon by any of the parties engaged in settlement discussions.
8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
9 OTHER 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 shall
14 include a copy of the subpoena or court order;
15 (b) promptly notify in writing the party who caused the subpoena or order to issue
16 in the other litigation that some or all of the material covered by the subpoena
17 or order is subject to this Protective Order. Such notification shall include a
18 copy of this Protective Order; and
19 (c) cooperate with respect to all reasonable procedures sought to be pursued by
20 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.
10
[PROPOSED] PROTECTIVE ORDER
Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 11 of 16 Page ID #:192
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 Non-Party
4 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
7 should be construed as prohibiting a Non-Party from seeking additional
8 protections.
9 (b) In the event that a Party is required, by a valid discovery request, to produce
10 a Non-Party’s confidential information in its possession, and the Party is
11 subject to an agreement with the Non-Party not to produce the Non-Party’s
12 confidential information, then the Party shall:
13 1) promptly notify in writing the Requesting Party and the Non-Party that some
14 or all of the information requested is subject to a confidentiality agreement
15 with a Non-Party;
16 2) promptly notify in writing the Requesting Party and the Non-Party that some
17 or all of the information requested is subject to a confidentiality agreement
18 with a Non-Party;
19 3) make the information requested available for inspection by the Non-Party, if
20 requested.
21 (c) If the Non-Party fails to seek a protective order from this court within 14 days
22 of receiving the notice and accompanying information, the Receiving Party
23 may produce the Non-Party’s confidential information responsive to the
24 discovery request. If the Non-Party timely seeks a protective order, the
25 Receiving Party shall not produce any information in its possession or control
26 that is subject to the confidentiality agreement with the Non-Party before a
27 determination by the court. Absent a court order to the contrary, the Non-
28 Party shall bear the burden and expense of seeking protection in this court of
11
[PROPOSED] PROTECTIVE ORDER
Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 12 of 16 Page ID #:193
1 its Protected Material.
2 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
3 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
4 Protected Material to any person or in any circumstance not authorized under this
5 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
6 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
7 to retrieve all unauthorized copies of the Protected Material, (c) inform the person
8 or persons to whom unauthorized disclosures were made of all the terms of this
9 Order, and (d) request such person or persons to execute the “Acknowledgment and
10 Agreement to Be Bound” that is attached hereto as Exhibit A.
11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
12 PROTECTED MATERIAL
13 When a Producing Party gives notice to Receiving Parties that certain
14 inadvertently produced material is subject to a claim of privilege or other protection,
15 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
16 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
17 may be established in an e-discovery order that provides for production without prior
18 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as
19 the parties reach an agreement on the effect of disclosure of a communication or
20 information covered by the attorney-client privilege or work product protection, the
21 parties may incorporate their agreement in the stipulated protective order submitted
22 to the court.
23 12. MISCELLANEOUS
24 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person
25 to seek its modification by the court in the future.
26 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective
27 Order, no Party waives any right it otherwise would have to object to
28 disclosing or producing any information or item on any ground not addressed
12
[PROPOSED] PROTECTIVE ORDER
Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 13 of 16 Page ID #:194
1 in this Stipulated Protective Order. Similarly, no Party waives any right to
2 object on any ground to use in evidence of any of the material covered by this
3 Protective Order.
4 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected
5 Material must comply with Local Civil Rule 79-5. Protected Material may
6 only be filed under seal pursuant to a court order authorizing the sealing of
7 the specific Protected Material at issue. If a Party’s request to file Protected
8 Material under seal is denied by the court, then the Receiving Party may file
9 the information in the public record unless otherwise instructed by the court.
10 13. FINAL DISPOSITION
11 After the final disposition of this Action, as defined in paragraph 4, within 60 days
12 of a written request by the Designating Party, each Receiving Party must return all
13 Protected Material to the Producing Party or destroy such material. As used in this
14 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
15 summaries, and any other format reproducing or capturing any of the Protected Material.
16 Whether the Protected Material is returned or destroyed, the Receiving Party must submit
17 a written certification to the Producing Party (and, if not the same person or entity, to the
18 Designating Party) by the 60 day deadline that (1) identifies (by category, where
19 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that
20 the Receiving Party has not retained any copies, abstracts, compilations, summaries or any
21 other format reproducing or capturing any of the Protected Material. Notwithstanding this
22 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers,
23 trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition
24 and trial exhibits, expert reports, attorney work product, and consultant and expert work
25 product, even if such materials contain Protected Material. Any such archival copies that
26 contain or constitute Protected Material remain subject to this Protective Order as set forth
27 in Section 4.
28 14. VIOLATION
13
[PROPOSED] PROTECTIVE ORDER
Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 14 of 16 Page ID #:195
1 Any violation of this Order may be punished by appropriate measures
2 including, without limitation, contempt proceedings and/or monetary sanctions.
3 IT IS SO STIPULATED.
4 DATED: March 20, 2023 LEGALAXXIS, INC.
5 /s/Nazgole Hashemi
6 ________________________
Nazgole Hashemi, Esq.
7
Tannaz Hashemi, Esq.
8 Attorneys for Plaintiff,
9 EVAN HARRIS
10
DATED: March 20, 2023 FEDERAL EXPRESS
11 CORPORATION
12
/s/ Thomas J. Moran
13
_______________________
14 Thomas J. Moran
Attorney for Defendant,
15
FEDERAL EXPRESS
16 CORPORATION
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[PROPOSED] PROTECTIVE ORDER
Case 2:23-cv-00645-ODW-AFM Document Filed 03/21/23 Page15of16 Page ID #:196
1 SIGNATURE CERTIFICATION
2 Pursuant to Local Rule 5-4.3.4(a)(2)(i), I hereby certify that authorization for the
3 || filing of this document has been obtained from each of the other signatories shown above
4 |/and that all signatories concur in the filing’s content.
5 |} DATED: March 20, 2023 /s/Nazgole Hashemi
6
7 NAZGOLE HASHEMI
g || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
g |} DATED: 3/21/2023
10
1] :
12 (Wy 4 Uf ef
13 |) ———
14 || HON. ALEXANDER F. MacKINNON
15 || United States Magistrate Judge
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[PROPOSED] PROTECTIVE ORDER
Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 16 of 16 Page ID #:197
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, ______________________________________________[print or type full
4 name], of ____________________________________________[print or type full
5 address], declare under penalty of perjury that I have read in its entirety and understand the
6 Stipulated Protective Order that was issued by the United States District Court for the
7 Central District of California on _____, 20__ in the case of Evan Harris v. Federal Express
8 Corporation et al., Case No. 2:23-cv-00645-ODW (AFMx). I agree to comply with and
9 to be bound by all the terms of this Stipulated Protective Order and I understand and
10 acknowledge that failure to so comply could expose me to sanctions and punishment in the
11 nature 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 or entity
13 except in strict compliance with the provisions of this Order. I further agree to submit to
14 the jurisdiction of the United States District Court for the Central District of California for
15 enforcing the terms of this Stipulated Protective Order, even if such enforcement
16 proceedings occur after termination of this action.
17 I hereby appoint __________________________ [print or type full name] of
18 _______________________________________ [print or type full address and telephone
19 number] as my California agent for service of process in connection with this action or any
20 proceedings related to enforcement of this Stipulated Protective Order.
21 Date: ______________________________________
22 City and State where sworn and signed: _________________________________
23
24 Printed name: _______________________________
25
26 Signature: __________________________________
27
28
16
[PROPOSED] PROTECTIVE ORDER