Opinion

Denise S. v. George Foreman

Court: District Court, C.D. California
Filed: Aug 16, 2023
Cited by: 0 cases
Authority: More cited than 16.4%

distinguishing “good cause” showing for sealing 12 documents produced in discovery from “compelling reasons” standard when merits- 13 related documents are part of court record

How later courts described this case

distinguishing “good cause” showing for sealing 12 documents produced in discovery from “compelling reasons” standard when merits- 13 related documents are part of court record
even stipulated protective orders require 7 good cause showing

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 DENISE S., an individual, Case No. 2:22-cv-09237 MEMF

10 Plaintiff, (PDx)

11 v.

STIPULATED PROTECTIVE

12 GEORGE FOREMAN; and DOES 2

ORDER1

through 50,

Defendants.

16 1. A. PURPOSES AND LIMITATIONS

17 Discovery in this action is likely to involve production of confidential,

18 proprietary, or private information for which special protection from public

19 disclosure and from use for any purpose other than prosecuting this litigation may be

20 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter

21 the following Stipulated Protective Order. The parties acknowledge that this Order

22 does not confer blanket protections on all disclosures or responses to discovery and

23 that the protection it affords from public disclosure and use extends only to the

24 limited information or items that are entitled to confidential treatment under the

25 applicable legal principles.

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

1 B. GOOD CAUSE STATEMENT

2 Given the nature of the claims alleged herein, Denise S., George Foreman, and

3 Does 2 through 50 (referred to individually as a “Party” or collectively as the

4 “Parties”) anticipate that this action is likely to involve highly private and personal

5 information. Such confidential and proprietary materials and information consist of,

6 among other things, confidential personal information, including medical

7 information, sexual information, drug usage information, health information, mental

8 health information, and potentially private financial information (including

9 information implicating privacy rights of third parties), information otherwise

10 generally unavailable to the public, or which may be privileged or otherwise

11 protected from disclosure under state or federal statutes, court rules, case decisions,

12 or common law. Accordingly, to protect the Parties’ privacy, to expedite the flow of

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

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

15 confidential, to ensure that the parties are permitted reasonable necessary uses of

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

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

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

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

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

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

22 record of this case.

23 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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

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

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

27 the standards that will be applied when a party seeks permission from the court to

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

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

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

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

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

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

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

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

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

10 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the

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

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

13 protectable—constitute good cause.

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

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

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

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

18 item or type of information, document, or thing sought to be filed or introduced under

19 seal in connection with a dispositive motion or trial, the party seeking protection

20 must articulate compelling reasons, supported by specific facts and legal

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

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

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

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

25 documents can be redacted, then a redacted version for public viewing, omitting only

26 the confidential, privileged, or otherwise protectable portions of the document, shall

27 be filed. Any application that seeks to file documents under seal in their entirety

1 2. DEFINITIONS

2 2.1 Action: this above-captioned action.

3 2.2 Challenging Party: a Party or Non-Party that challenges

4 the designation of information or items under this Order.

5 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

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

8 Good Cause Statement.

9 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

10 Information or Items: information (regardless of how it is generated, stored or

11 maintained) or tangible things that qualify for protection under Federal Rule of Civil

12 Procedure 26(c), as specified above in the Good Cause Statement, and as further

13 agreed by the parties as set out herein to be seen only by the Counsel to the Parties

14 in this action.

15 2.5 Counsel: The Parties’ various Counsel of Record in this action (as well

16 as their support staff).

17 2.6 Designating Party: a Party or Non-Party that designates information or

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

19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

20 ONLY.”

21 2.7 Disclosure or Discovery Material: all items or information, regardless

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

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

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

25 2.8 Expert: a person with specialized knowledge or experience in a matter

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

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

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

2 2.10 Party: any party to this Action, including all of its officers, directors,

3 employees, consultants, retained experts, and Counsel of Record in this action (and

4 their support staffs).

5 2.11 Producing Party: a Party or Non-Party that produces Disclosure or

6 Discovery Material in this Action.

7 2.12 Professional Vendors: persons or entities that provide litigation support

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

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

10 and their employees and subcontractors.

11 2.13 Protected Material: any Disclosure or Discovery Material that is

12 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

13 ATTORNEYS’ EYES ONLY.”

14 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material

15 from a Producing Party.

16 3. SCOPE

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

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

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

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

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

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

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

24 4. DURATION

FINAL DISPOSITION of the action is defined as the conclusion of any

appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal

has run. Except as set forth below, the terms of this protective order apply through

1 FINAL DISPOSITION of the action. The parties may stipulate that they will be

2 contractually bound by the terms of this agreement beyond FINAL DISPOSITION,

3 but will have to file a separate action for enforcement of the agreement once all

4 proceedings in this case are complete.

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

6 CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY

7 or maintained pursuant to this protective order used or introduced as an exhibit at

8 trial becomes public and will be presumptively available to all members of the public,

9 including the press, unless compelling reasons supported by specific factual findings

10 to proceed otherwise are made to the trial judge in advance of the trial. See

11 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing

12 documents produced in discovery from “compelling reasons” standard when merits-

13 related documents are part of court record). Accordingly, for such materials, the

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

15 5. DESIGNATING PROTECTED MATERIAL

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

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

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

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

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

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

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

within the ambit of this Order.

Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

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

1 Party to sanctions.

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

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

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

5 5.2 Manner and Timing of Designations. Except as otherwise provided in

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

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

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

9 produced.

10 Designation in conformity with this Order requires:

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

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

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

14 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY

15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (hereinafter “HIGHLY

16 CONFIDENTIAL legend”), to each page that contains protected material. If only a

17 portion or portions of the material on a page qualifies for protection, the Producing

18 Party also must clearly identify the protected portion(s) (e.g., by making appropriate

19 markings in the margins).

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

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

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

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

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

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

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

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

1 that contains Protected Material. If only a portion or portions of the material on a

2 page qualifies for protection, the Producing Party also must clearly identify the

3 protected portion(s) (e.g., by making appropriate markings in the margins).

4 (b) for testimony given in depositions, the Designating Party shall clearly

5 state during the deposition and on the record that he or she is designating a portion of

6 the deposition testimony “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL–

7 ATTORNEYS’ EYES ONLY” and ask the Court reporter to mark specific pages of

8 the deposition accordingly. Although a Designating Party may designate portions of

9 a deposition transcript “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL–

10 ATTORNEYS’ EYES ONLY” after a deposition has concluded, any public

11 disclosure of the deposition testimony before the designation is made shall not be a

12 violation of this Order. If a Designating Party designates any portion of a deposition

13 transcript “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL– ATTORNEYS’

14 EYES ONLY” after receipt of the final deposition transcript, they shall identify any

15 Protected Material contained in the deposition transcript, exhibits, or recording and

16 notify the other Party or Parties in writing of such designations. The writing should

17 identify the Protected Material by page, line, and/or paragraph number where

18 applicable.

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

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

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

22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

23 ONLY.” If only a portion or portions of the information warrants protection, the

24 Producing Party, to the extent practicable, shall identify the protected portion(s).

25 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

26 failure to designate qualified information or items does not, standing alone, waive

27 the Designating Party’s right to secure protection under this Order for such material.

1 efforts to assure that the material is treated in accordance with the provisions of this

2 Order. However, any public disclosure of qualified information prior to a designation

3 of “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL– ATTORNEYS’ EYES

4 ONLY” shall not be deemed a violation of this Order.

5 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

6 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

7 designation of confidentiality at any time that is consistent with the Court’s

8 Scheduling Order.

9 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

10 resolution process under Local Rule 37.1 et seq.

11 6.3 The burden of persuasion in any such challenge proceeding shall be on

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

13 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may

14 expose the Challenging Party to sanctions. Unless the Designating Party has waived

15 or withdrawn the confidentiality designation, all parties shall continue to afford the

16 material in question the level of protection to which it is entitled under the Producing

17 Party’s designation until the Court rules on the challenge.

18 7. ACCESS TO AND USE OF PROTECTED MATERIAL

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

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

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

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

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

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

DISPOSITION).

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

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

3 authorized under this Order.

4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

6 Receiving Party may disclose any information or item designated

7 “CONFIDENTIAL” only to:

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

9 employees of said Counsel of Record to whom it is reasonably necessary to disclose

10 the information for this Action;

11 (b) the officers, directors, current employees, agents, and representatives

12 of the Receiving Party to whom disclosure is reasonably necessary to enable the

13 Parties to prepare for trial, to try this proceeding, or to engage in appellate

14 proceedings in this case;

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, on the condition

22 that have all signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

23 A);

24 (g) the author or recipient of a document containing the information or a

25 custodian or other person who otherwise possessed or knew the information;

26 (h) during their depositions, witnesses ,and attorneys for witnesses, in the

27 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

1 not be permitted to keep any confidential information unless they sign the

2 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

3 agreed by the Designating Party or ordered by the court. Pages of transcribed

4 deposition testimony or exhibits to depositions that reveal Protected Material may

5 be separately bound by the court reporter and may not be disclosed to anyone except

6 as permitted under this Stipulated Protective Order; and

7 (i) any mediator or settlement officer, and their supporting personnel,

8 mutually agreed upon by any of the parties engaged in settlement discussions.

9 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

10 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in

11 writing by the Designating Party, a Receiving Party may disclose any information or

12 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only

13 to:

14 (a) the Parties’ attorneys of record and their staff in this case;

15 (b) 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 (c) deposition reporters and their support personnel for purposes of

19 preparing deposition transcripts;

20 (d) the author or recipient of a document containing the information or a

21 custodian or other person who otherwise possessed or knew the information;

22 (e) the judge, jury, clerk and other personnel in the department to which

23 this action may be assigned;

24 (f) percipient witnesses called to testify at trial, where the protected

25 information is relevant to a subject matter of which the deponent has personal

26 knowledge; and

27 (g) professional jury or trial consultants, mock jurors, and Professional

1 that have all signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

2 A).

3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

4 IN OTHER LITIGATION

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

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

7 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

8 ONLY,” that Party must:

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

include a copy of the subpoena or court order;

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

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

or order is subject to this Protective Order. Such notification shall include a copy of

this Stipulated Protective Order; and

by the Designating Party whose Protected Material may be affected.

If the Designating Party timely seeks a protective order, the Party served

with the subpoena or court order shall not produce any information designated in this

action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY” before a determination by the court from which the subpoena or order

issued, unless the Party has obtained the Designating Party’s permission. The

Designating Party shall bear the burden and expense of seeking protection in that

court of its confidential material and nothing in these provisions should be construed

as authorizing or encouraging a Receiving Party in this Action to disobey a lawful

directive from another court.

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” or “HIGHLY

5 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by

6 Non-Parties in connection with this litigation is protected by the remedies and relief

7 provided by this Order. Nothing in these provisions should be construed as

8 prohibiting a Non-Party from seeking additional protections.

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

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

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

12 confidential information, then the Party shall:

(1) promptly notify in writing the Requesting Party and the Non-Party

that some or all of the information requested is subject to a confidentiality agreement

with a Non-Party;

(2) promptly provide the Non-Party with a copy of the Stipulated

Protective Order in this Action, the relevant discovery request(s), and a reasonably

specific description of the information requested; and

(3) make the information requested available for inspection by the

Non-Party, if requested.

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

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

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

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

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

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

2 of seeking protection in this court of its Protected Material.

3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

9 persons to whom unauthorized disclosures were made of all the terms of this Order,

10 and (d) request such person or persons to execute the “Acknowledgment and

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

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain

inadvertently produced material is subject to a claim of privilege or other protection,

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

may be established in an e-discovery order that provides for production without prior

privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

parties reach an agreement on the effect of disclosure of a communication or

information covered by the attorney-client privilege or work product protection, the

parties may incorporate their agreement in the stipulated protective order submitted

to the court.

12. MISCELLANEOUS

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

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

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

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

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

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

5 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

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

8 specific Protected Material at issue. If a Party's request to file Protected Material

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

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

11 13. FINAL DISPOSITION

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

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

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

15 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

16 summaries, and any other format reproducing or capturing any of the Protected

17 Material. Whether the Protected Material is returned or destroyed, the Receiving

18 Party must submit a written certification to the Producing Party (and, if not the same

19 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

20 (by category, where appropriate) all the Protected Material that was returned or

21 destroyed and (2) affirms that the Receiving Party has not retained any copies,

22 abstracts, compilations, summaries or any other format reproducing or capturing any

23 of the Protected Material. Notwithstanding this provision, Counsel are entitled to

24 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

25 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

26 reports, attorney work product, and consultant and expert work product, even if such

27 materials contain Protected Material. Any such archival copies that contain or

1 || Section 4(DURATION).

2 || 14. Any violation of this Order may be punished by any and all appropriate

3 || measures including, without limitation, contempt proceedings and/or monetary

4 || sanctions.

6 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

8 || DATED:_08/08/2023

| Be

1 Attorneys for Plaintiff

DATED: 08/10/023

14 duane trae have

|| AttomeysforDefendant = SSS”

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

20 || DATED: August 16, 2023

22 A ph neuer Lona

43 || Patricia Donahue

04 United States Magistrate Judge

1 EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, ________________________ [print or type full name], of

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

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

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

on [date] in the case of Denise S. v. George Foreman, et al., Case No. 2:22-cv-

09237 MEMF (PDx). I agree to comply with and to be bound by all the terms of

this Stipulated Protective Order and I understand and acknowledge that failure to

so comply could expose me to sanctions and punishment in the nature of contempt.

I solemnly promise that I will not disclose in any manner any information or item

that is subject to this Stipulated Protective Order to any person or entity except in

strict compliance with the provisions of this Order.

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

the Central District of California for the purpose of enforcing the terms of this

Stipulated Protective Order, even if such enforcement proceedings occur after

termination of this action. I hereby appoint ________________________ [print or

type full name] of _________ [print or type full address and telephone number] as

my California agent for service of process in connection with this action or any

proceedings related to enforcement of this Stipulated Protective Order.

22 Date: __________________________

City and State where sworn and signed: _____________________________

Printed name: ____________________________________

27 Signature: ________________________________

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